City Council Minutes 1 September 26, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
September 26, 2023
A Regular Meeting of the City Council, the Community Development Financing Authority, the Successor Agency of the Community Development Agency, the Housing Authority, and the Library Board of Trustees of the City of Mission Viejo, California, was called to order by Mayor Goodell at 5:00 p.m., on September 26, 2023, at 200 Civic Center, Mission Viejo, California.
A complete copy of the agenda for the meeting containing all items as shown he rein was posted by 5:00 p.m. on September 21, 2023, on the outdoor bulletin board at City Hall. A copy was also posted at the Montanoso Recreation and Fitness Center, 25800 Montanoso Drive and Norman P. Murray Community and Senior Center, 24932 Veterans Way.
*All Board and Agency memberships are reflected in the title "Council Member."
Present: Council Member Bucknum
Council Member Ruesch
Council Member Vasquez
Mayor Pro Tem Kelley
Mayor Goodell
Absent: None
Staff Present: Dennis Wilberg, City Manager
Keith Rattay, Assistant City Manager
William P. Curley III, City Attorney
Kimberly Schmitt, City Clerk
Renata Winter, Assistant City Clerk
RECESS AND RECONVENE
At the hour of 5:00 pm, Mayor Goodell recessed the meeting. The City Council reconvened at 6:03 pm with all five Council Members present.
INVOCATION: Council Member Vasquez
PLEDGE OF ALLEGIANCE: Council Member Ruesch
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PRESENTATIONS
P1. Proclaim September 2023 To Be Children’s Emotional Wellness Month
Mayor Goodell presented proclamation to Extraordinary Lives Foundation Board Member Amy Betonte.
P2. Recognize the Mission Viejo Nadadores
Mayor Goodell presented certificates of commendations.
Mayor Goodell announced that items 8 and 9 will be moved up to right after Public Comments.
He also recognized that Boy Scouts Luke Bristow, Enzo Scholl, and Morgan Schlesinger from Troop 332 were present this evening to earn their Civics Badge.
PUBLIC COMMENTS
William Palma, M.V.: Spoke on the injustices that were directed at him and his arrest at Crucero Park. Addressed the role of Church and State.
Michael Schlesinger, M.V.: Spoke on the Community Garden at Casta del Sol. He asked that the Council amend the two to four-year plan for the northern part of the Oso Creek Trail and plant a community garden.
Cathy Schlicht, M.V: Spoke against the City Attorney on his comments to her at the last meeting and has stated he has harassed her since 2008. She stated that she does not accept his position on not writing an opinion on Mayor Goodells abstention. She further outlined her grievances against the City Attorney.
Muyisa Kasomo, M.V.: Spoke on the upcoming events that Waste Management will be holding in the month of October.
OLD BUSINESS (taken out of order)
8. Amendment to the 2014 Restated Facilities Use Agreement Between the City of Mission Viejo and the Mission Viejo Nadadores Foundation, Inc. for Use of the Marguerite Aquatics Complex
Mayor Goodell stated that due to questions arising if he has a conflict of interest since he sits on the Nadadores Foundation Board of Directors, he asked for clarification from the City Attorney.
City Attorney Curley, spoke on the State’s Conflict of Interest Laws and explained the categories of conflict and announced that there is no conflict. Mayor Goodell’s role is a representative for the City.
Assistant City Manager Keith Ratty presented the staff report.
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Michael Schlesinger, M .V.: Asked if Mayor Goodell & Mr. Rattay vote on the board. He voiced his concerns on the amended agreement specific to the finances and expenses.
Cathy Palmer, M.V.: She complimented the youth sports programs in Mission Viejo and spoke about her daughter’s involvement . Suggested a p ublic forum where the community may be informed on access rights to the Nadadores facility . She commented on the appearance o f a conflict of interest even if it is legal for Mayor Goodell to participate in the vote.
Jill Schindler, M.V.: Spoke on how great youth sports are in Mission Viejo. Questioned some of the facts on the staff report versus what is shown on the Nadadores website. She spoke on dollar comparisons of the City of Irvine and San Clemente to the Nadadores regarding access for public swim and classes.
Cathy Schlicht, M.V.: Stated that this amendment is unfair to the taxpayers who are subsidizing a non-profit/private swim club. Suggested the Council research the City of Fullerton manages its community pools. She expressed that that the taxpayers should not pay for this subsidy.
Council Members asked various questions of staff and the Nadadores representative.
Mayor Pro Tem Kelley made a motion to move the recommended action with a second by Council Member Bucknum.
Discussion continued and the Council asked more questions and asked for more input from staff.
Mayor Pro Tem Kelley called to move the previous question.
Council Member Vasquez questioned this process. The City Attorney explained the Rules of Order pertaining to moving the previous question.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to move the previous question.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to approve the Amendment to the 2014 Restated Agreement between the City of Mission Viejo a nd the Mission Viejo Nadadores Foundation, Inc. for use of the Aquatics Complex.
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On roll call, said motion carried by the following vote:
AYES: Bucknum, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
ABSTAIN: Goodell
Council Member Vasquez commented that she wanted to point out and bring to the public ’s attention to have corrections made to the incorrect numbers and clarifications to be easier for the public to read. She stated it’s unfortunate that there are times wh en certain individuals don’t choose to take the time to take more care.
Council Member Bucknum responded that we all care about the city and that we have had more time to study things so there is a difference. She stated that to say that the rest of us don’t care is an absolute insult and absolutely incorrect.
NEW BUSINESS (taken out of order)
9. License Agreement with The Bravo Players Foundation located at 25280 Marguerite Parkway
Tiffany Beckloff, M.V.: Announced that she is the founder of the Bravo Players Guild. She stated that there has been considerable growth in the program. She thanked the Council for consideration of this item.
Missi Waldron, Ladera Ranch: Spoke on the many great benefits that this program has had on her special-needs son.
Hailey Hammel, M.V.: Spoke on behalf of the actors and how this program helps to build self- confidence and public speaking skills.
Spencer Waldron, Ladera Ranch: Spoke on his experience with this program and how being a socially autistic child has helped him and he has participated in four productions with Josh Vecchione.
Josh Vecchione, M.V.: Thanked the City Council and staff for this proposal for the kids in the community to be able to practice and perform at this temporary theater.
Cathy Schlicht, M.V.: Thanked Josh for his dedication and thanked Council Member Vasquez for coming to these meetings prepared. She questioned if the City has given all it’s tenants in the Stein Mart properties the CC&R’s, and suggested that the City go out for an RFP to find the true value of the swim center.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to approve the License Agreement (A23-53) with The Bravo Players Foundation to use 3,120 SF of space
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located inside the MART building located at 25280 Marguerite Parkway for a period of 15 months.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
CONSENT CALENDAR
Motion made by Council Member Ruesch, seconded by Mayor Pro Tem Kelley, to approve the Consent Calendar as outlined below.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
1. City Council Minutes
Approved the Minutes for the regular City Council meeting of September 12, 2023, as presented.
2. General Check Register Dated September 1, 2023 in the Amount of $2,215,452.27 Ratified the accompanying check register.
3. General Check Register Dated September 8, 2023 in the Amount of $1,056,952.62 Ratified the accompanying check register.
4. Golf Check Register Dated September 1, 2023 in the Amount of $127,313.04.
Ratified the accompanying check register.
5. Golf Check Register Dated September 8, 2023 in the Amount of $11,638.95 Ratified the accompanying check register.
6. 2022 Residential Resurfacing-Slurry Seal (CIP 23838)-Notice of Completion
(1) Certified the completion of and accept the improvements for the subject project; (2) authorized the City Manager to sign the Notice of Completion; (3) authorized the City Clerk to record the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 35 days, respectively, after the date of
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recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorized payment of the final retention 35 days after the date of recordation of the Notice of Completion.
PUBLIC HEARINGS
7. Proposed Abatement of Weeds on Parcels Less than One Acre for the Annual Weed Abatement Program 2023
Director of Public Services Jerry Hill presented the staff report.
Mayor Goodell opened the Public Hearing at 7:23 pm
Being there were no requests to speak the Mayor closed the Public Hearing at 7:23 pm.
Motion made by Mayor Pro Tem Kelley, seconded by Mayor Goodell, to instruct the Public Services Department to proceed and perform the removal of weeds in accordance with Sections 39568 through 39588 of the Government Code.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
COUNCIL MEMBER COMMENTS AND ACTIONS
10. Council Member Reports of Events and Activities Attended ~ AB1234
By consensus, the City Council Members acknowledged their event and activities calendars as presented in the report and agreed to provide any changes to the City Clerk for the public record.
Council Member Bucknum
Council Member Bucknum gave a shout out to our Staff, Saddleback School District and Mission Viejo High School for the great event of the Armed Forces Football Game which showcases student patriotism. She stated it is her tenth year in attending. Council Member Bucknum also attended Relay for Life. She encouraged residents to look at the City’s Calendar for the upcoming events:
Document Shredding − October 7, E -waste & Household Hazardous Waste Collection − October 14, and Walk Against Drugs − 21. She voiced concerns of the fentanyl coming across our southern border and stressed that we have to write our Federal Government to put a stop to this.
Council Member Ruesch
Council Member Ruesch spoke on the Octoberfest Night Market and how it is growing and encouraged residents to attend.
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Council Member Vasquez
Council Member Vasquez stated that she attended the League of California Cities Conference and that it was a worthwhile conference. She also attended Relay for Life. She announced if anyone is interested in joining a tree planting event at the Potocki Center starting at 8:00 am. Council Member Vasquez continued her comments on the Nadadores agreement: proposed that the contract be reviewed on an annual basis; modify paragraph 1H regarding cost sharing and revenue because the language was too confusing; paragraph 5C to specify the types of financial records that are required; paragraph 5J there was small typo; clarification on paragraph 7A to define what minor repairs and maintenance means; paragraph 7G to include language that the Nadadores will be responsible for the cost of utilities over the $275,592 amount; paragraph 8A to define the difference between improvements and maintenance; page 6 paragraph 4 small typo; reference to the Memorandum of Understanding needs more definition; and lastly Exhibit E there may be a discrepancy on the rental cost versus what is advertised on the Nadadores website.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley also attended the League of California Cities Conference and learned a lot.
She attended the following events: I Can Academy Ribbon Cutting ; Armed Forces Football Game at Mission Viejo High School; Third District Mayor’s Forum; Relay for Life. She reminded the community about the Farme rs Market every Saturday from 9:00 -1:00. Lastly, she announced that there will be a Memorial Service for Dave Borelli who managed our tennis center this Friday at 1:30 at the Marguerite Tennis Pavilion.
Mayor Goodell
Mayor Goodell commented on the origination of Proposition 13 and that there is an attack on this tax law, and if you are interested in more information contact Larry Bales [email protected] . He
talked about the Memorial of Sergeant Matt Davis who was struck down in the line of duty on his motorcycle. He encouraged residents to visit Sergeant Matt Davis Park, it is very quiet and beautiful.
He apologized in advance that he will not be able to attend the Dave Borelli Memorial on Friday as he will be attending the Mobility 21 Conference in Anaheim which is for transportation solutions for the future as a member of the OCTA Board representing the 5 th District. He also attended the 5th
District Mayor’s OCTA Forum and said it was an excellent presentation on the completion of the 405 project this year and the I-5 widening.
ADJOURNMENT
At the hour of 8:49 p.m., with no further business to come before the City Council at this session, Mayor Goodell adjourned the meeting in honor of Sergeant Matt Davis to Tuesday, October10, 2023, at 5:00 p.m.
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Kimberly Schmitt, City Clerk
Approved at the meeting of October 10, 2023