City Council Minutes 1 October 10, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
October 10, 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 5:01 p.m., on October 10, 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 October 5, 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 ~ arrived 5:02pm
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
Cheryl Dyas, Director of Administrative Services
Renata Winter, Assistant City Clerk
CLOSED SESSION
CS1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6(a):
Agency Negotiators: City Manager Dennis Wilberg; Assistant City Manager Keith Rattay; City Attorney William Curley; Labor Attorney Peter Brown: Employee Organization: Service Employees’ International Union (SEIU)
CS2. Labor Negotiations - The Council Will Provide Direction to its Labor Negotiator Pursuant to Government Code Section 54957 and 54957.6. The Parties to the Negotiations Are the City and City’s Unrepresented Employees. The City’s Negotiator is Dennis Wilberg.
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RECESS AND RECONVENE TO CLOSED SESSION
At the hour of 5:02 pm, Mayor Goodell recessed to Closed Session. The City Council reconvened at 6:01 pm with all City Council Members present.
REPORT OF CLOSED SESSION
City Attorney Curley announced that there were two closed session items, both pertaining to labor negotiations. CS 1 pertained to the Union and no reportable action occurred. CS2 pertained to the unrepresented and non- union employees , and Council gave dir ection to increase the employee’s medical coverage.
INVOCATION: Council Member Bucknum
PLEDGE OF ALLEGIANCE: Mayor Goodell
PRESENTATIONS
P1. Friends of the Library Donation
Mayor Goodell r eceived donation from Friends of the Library President Kathleen Cunningham.
P2. Proclaim the Week of October 15 - 21, 2023 To Be National Friends of Libraries Week
Mayor Goodell presented certificate to Director of Library and Cultural Services Genesis Hansen.
P3. Annual Walk Against Drugs
Mayor Goodell received presentation from Chief of Police Chris McDonald.
Mayor Goodell announced two Boy Scouts in the audience, Brayden Guest and Vincent Mays working on their Citizenship Merit Badges.
PUBLIC COMMENTS
Tom Moore, M.V.: Referenced two reports; the ULI (Urban Land Institute) report from 2007 and the Core Area Vision Plan from 2016. He stated that the unsolved commercial area is consistent in both of these reports . And, although he supports the Core Area Vision Plan, he suggested the City stop perusing these plans and focus on solving the commercial areas.
William Palma, M.V.: Spoke on the injustices that were directed at him at Crucero Park by the Orange County Sheriff’s Department. He addressed his comments to the Attorney General, FBI and DOJ with regards to the OSCD. Addressed the role of Church and State.
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Amanda Fritz, M.V.: Spoke in reference to a distasteful Halloween adult display in the front yard of one of her neighbors. She provided the Council with photos of the display in question which is located at the end of the cul-de-sac, near Castile Elementary School. She stated neighbors and parents are concerned about the young children in the neighborhood, and have asked the display be removed or changed, however, the display has only grown in size. Complaints have been made to City and she is looking for support and a response to help remove the distasteful display.
Arron Hand, M.V.: Spoke of concerns regarding the City’s electoral dysfunction, and the legal costs associated with it. He commented on the Nadadores contract and praised Council Member Vasquez on her questions and shame on the Council for silencing her voice. He questioned the staff report , and Mayor Goodell abstaining from the vote as a Board Member of the Nadadores. He concluded by stating the public deserves accountability and transparency.
City Attorney Curley clarified Mr. Hand’s comments and properly defended the three individual Council Members in question.
Cathy Schlicht, M.V.: Stated Rabbi Marcus asked her to invite residents to the community gathering in support of Israel at the Village Green on Wednesday, October 11 at 6pm. She spoke of the September 26 minutes she challenged, and Mayor Goodell’s financial conflict of interest pertaining to the Nadadores contract. She added that government should follow the rules , and not pick and choose. She also thanked Council Member Vasquez for being prepared and asking questions of the Nadadores contract, and shamed the remainder of the Council for calling the question when she still had concerns to address.
City Attorney Curley stated the Council has done nothing wrong.
City Manager Wilberg commented on Mr. Hand and Ms. Schlicht’s comments of subsidy to the Nadadores. He stated, if the City was to operate the complex it would cost over $3 million dollars a year, however, the current cost to the City is a little over $300,000, thus saving the City over $2.5 million dollars. Thus, he has a rea l problem with people continuing to characterize it as the City subsiding over $2.5 million dollars.
Michele Mitchell, M.V.: Thanked the Council and staff for their great work and leadership, thus making Mission Viejo a great place to live. She commented on the naysayers and listed all facilities that are an investment of tax dollars, from the improved golf course, to the recreation centers, the library, the animal shelter, the condition of the street s and landscape, programs, entertainment, and amenities offered at all facilities, and the Orange County Sheriff’s Department for making Mission Viejo safe. She concluded by t hanking everyone again for making her hometown safe, beautiful , entertaining and something to be proud of.
Robert Breton, M.V.: Spoke of vicious savagery and the slaughter of innocent women and children in Israel. He voiced concerns for the Jewish members in Mission Viejo, and asked the Council to consider three things. 1) Increased OCSD security for Rabbi Marcus and the Chabad Center , 2) promote and attend the candlelit vigil at the Village Green on October 11, and, 3) publicize and attend the forum hosted by the Greater Interfaith Council of Saddleback Valley this Sunday at 4pm at Saint Georges Episcopal Church in Lake Forest.
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Barbara Casserly , M.V.: Spoke of the unacceptable council behavior to ward Council Member Vasquez at the last council meeting , and chastise them for not allowing Council Member Vasquez continue her questioning of the Nadadores contract. She also told the Council to stop fighting a losing court battle of the illegal extension of Council terms and to use the funds towards affordable swim lessons. She questioned why the only Gen X member is not on the CUSD committee. Questioned Council Member Bucknum representing the City on committees related to real estate. She concluded by listing all the thing she loves about Mission Viejo and reminded the Council to be Respectful, the Character word for October.
Peggy O’Neill, M.V.: Thanked the Council for recognizing the Library. She addressed the severe lack of civility towards Council Member V asquez at the last Council meeting with regards to her thorough, yet slightly long questioning of the Nadadores contract. She criticized Council Member Bucknum and Mayor Pro Tem K elley for calling the question when Council Member Vasquez still had further questions.
Saga Conroy, M.V.: Spoke on behalf of Orange County Supervisor Don Wagner and announce d two upcoming events. County of Orange Older Adults Needs Assessment on October 12 from Noon - 2pm at the Norman P. Murray Community Center, and The BIG Jump event where Mayor Goodell and Supervisor Wagner shall jump of a 30ft platform on Sunday, October 29, from 2- 4pm at the Nadadores Complex.
Mayor Pro Tem Kelley addressed the c riticism over the way the Nadadores contract discussion occurred at the last Council meeting. She clarified that the Council follow the Rules of Order and were in compliance. The agenda item lasted an hour and 15 minutes with other items on the agenda, thus the need to keep the meeting on pace. Lastly, she stated all Council Members have access to the City Manager and staff ahead of time to ask questions, and it was clear that four members were in support of the contract and she felt it appropriate to call the question.
Council Member Ruesch asked Captain McDonald to look into the Halloween display matter.
Council Member Bucknum asked if C ode Enforcement could also look into the Halloween display matter. She also asked Captain McDonald for an overview to Mr. Breton’s comments.
Captain McDonald provided a response to both comments made by Mr. Breton and Ms. Fritz.
Mayor Goodell added that he and City Manager Wilberg had a positive meeting with the Representative from the Governor’s Office earlier today and talked of some of the challenges facing Mission Viejo.
CONSENT CALENDAR
Item 13 was removed from the Consent Calendar for separate consideration.
Motion made by Mayor Pro Tem Kelley , seconded by Council Member Ruesch , to approve the Consent Calendar as outlined below.
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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 26, 2023, as presented.
2. General Check Register Dated September 15, 2023 in the Amount of $1,280,439.94
Ratified the accompanying check register.
3. General Check Register Dated September 22, 2023 in the Amount of $1,836,232.15
Ratified the accompanying check register.
4. Golf Check Register Dated September 15, 2023 in the Amount of $283,575.97
Ratified the accompanying check register.
5. Golf Check Register Dated September 22, 2023 in the Amount of $14,000.31
Ratified the accompanying check register.
6. City Treasurer’s Monthly Report for August 2023
Received and filed.
7. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for August 2023
Received and filed.
8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for August 2023
Received and filed.
9. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for August 2023
Received and filed.
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10. Year End Financial Report for the City of Mission Viejo - Fiscal Year Ended June 30, 2023
Received and filed.
11. Year End Financial Report for the City of Mission Viejo Golf Course Fund for Fiscal Year Ended June 30, 2023
Received and filed.
12. Purchase of (1) 2024 2500HD Chevrolet Silverado Vehicle – Replacement Animal Services Vehicle
(1) Awarded a Purchase Agreement for one (1) 2024 2500HD Chevrolet Silverado vehicle to Guaranty Chevrolet Motors, Inc. in an amount not to exceed $66,100.00, and (2) issued a Purchase Order for one (1) 2024 2500HD Chevrolet Silverado vehicle to Guaranty Chevrolet Motors, Inc. in an amount not to exceed $66,100.00.
ITEMS REMOVED FROM THE CONSENT CALENDAR
13. Orange County Transportation Authority 2023 -2024 Comprehensive Transportation Funding Program Call-for-Projects
Associate Traffic Engineer Mario Gutierrez presented the staff report.
Motion made by Mayor Goodell, seconded by Mayor Pro Tem Kelley, to (1) adopt Resolution 23- 37 Approving the Submittal of the Alicia Parkway Corridor Improvement Project to the Orange County Transportation Authority (OCTA) for Funding Under the Competitive Measure M2 Regional Transportation Signal Synchronization Program (Project P); and (2) direct staff to transmit Resolu tion 23 -37 to OCTA by October 26, 2023, in conjunction with the City's funding application for said project.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
PUBLIC HEARINGS
14. Speed Hump Installation on Montanoso Drive
Mayor Pro Tem Kelley recused herself from this agenda item because her residence is impacted by the decision.
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Associate Traffic Engineer Mario Gutierrez and Director of Public Works Mark Chagnon presented the staff report.
Council Members asked various questions of staff.
Mayor Goodell opened the Public Hearing at 7:36 pm.
Allen Bourgeois, M.V.: Asked staff for a sight distance evaluation for motorists making a northbound left-turn along Montanoso onto westbound Via Marina.
Kevin Donahue, Jonis Smith, Pam Smith, Laszlo Maira -Hazy, Virgil Deering, and Mike Peleaux all spoke in support of speed humps.
Mayor Goodell closed the Public Hearing at 7:55 pm
Council Members made various comments, asked various questions and directed staff to look at the ordinance to see if it can be modernized to meet current standards as necessary.
Motion made by Council Member Bucknum, seconded by Council Member Vasquez , to approve the request for speeds humps to be installed on Montanoso Drive between Oso Parkway and Estanciero Drive, contingent upon prior approval by the Planning and Transportation Commission.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Ruesch, and Vasquez
NOES: None
ABSENT: Kelley
The City Council recessed at 8:05 pm and reconvened at 8:08 pm with all five Council Members present.
NEW BUSINESS
15. Fiscal Year 2022/23 Close Out Report and Fiscal Year 2023/24 Budget Adjustments for Certain Revenue and Expenditure Accounts
Director of Administrative Services Cheryl Dyas presented the staff report.
Council Members asked various questions of staff.
Motion made by Mayor Pro Tem Kelley , seconded by Council Member Bucknum, to adopt Resolution 23-38 Amending the FY 2022/23 Budget for Year-End Close Out Adjustments in Certain Accounts and Funds; (2) a dopted Resolution 23- 39 Amending the FY 2023/24 Budget; and (3) adopt Resolution 23-40 Amending the Authorized Position Schedule.
On roll call, said motion carried by the following vote:
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AYES: Bucknum, Goodell, Kelley Ruesch, and Vasquez
NOES: None
ABSENT: None
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
16. Orange County Transportation Authority (OCTA) Report
Received report from Mayor Goodell.
17. Economic Development Committee Report
Received report from City Manager Wilberg. Council Member Ruesch added that tomorrow’s Los Osos Project Update is the seventh input session for the public. Mayor Goodell stated he is leaving on Sunday for the Pan American General Assembly in Chile.
Council Member Vasquez mentioned she heard Kal eidoscope recently sold, and was wondering if it would be possible to get an update on that in the near future. City Manager Wilberg stated staff will provide an update as soon as they can.
CITY MANAGER REPORTS
CITY ATTORNEY REPORTS
COUNCIL MEMBER COMMENTS AND ACTIONS
18. 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 Cit y Clerk for the public record.
Council Member Bucknum
Council Member Bucknum stated she and several Council Members attended Mission Viejo Chamber of Commerce’s Women in Business Awards Luncheon, and congratulated Val orie Green on the Legacy Award. She added that Valorie owned her own restaurant and even started Restaurant Week, which is actually this week. She encouraged everyone to view the Chambers website, and partake and support the local restaurants in Mission Viejo. Council Member Bucknum gave kudos to the Chamber
for putting on a great event honoring women leaders in the community. She mentioned that she and the Mayor attended the 22nd Annual Mobility 21 Summit , she also attended Bathgate’s Walk to School Day Event . S he added that she Council Member Ruesch attended the Annual Saddleback College Foundation Gala to support students at the Mission Viejo Campus and thanked Saddleback College for being such a great partner. She encouraged everyone to attend the Los Osos project walk through tomorrow at 4:30pm and provide their input , followed by an evening of unity and light for
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Israel at 6pm on the Village Green , a candlelight vigil the city is partnering with the local Chabad, Rabbi Marcus, and several other houses of worship. Council Member Bucknum stated she is happy to hear that the City is analyzing short -term rentals, and taking the opportunity to capture transient occupant tax TOT . Lastly, she referred to the sale of the Kaleidoscope, of which she’d heard, and added that she would appreciate a report. She requested Simon Property clean up the slope along the freeway, which is an eyesore as you come into Mission Viejo.
Council Member Ruesch
Council Member Ruesch a nnounced that Octoberfest festivities have begun and acknowledged his heritage. He stated he had the pleasure of representing the Mayor at the Mayor’s Prayer Breakfast, and the honor of speaking on behalf of the City. He added, as a board member of the OCFA he will have a report at the next meeting , however, he referred to a video of great importance from OCFA’s last meeting that he wished to show this evening . Unfortunately, the video could not be shown. The video pertained to the tragedy of PTSD and suicide, and how it affects first responders, fire, sheriffs and medical personnel. This video shall be shown at the next Council Meeting on October 24, 2023.
Council Member Vasquez
Council Member Vasquez commented that she too attended Mission Viejo Chamber of Commerce’s Women in Business Awards Luncheon. She also listed the following events she attended; Capo Valley Girls Volleyball Team Pink Night, to which the City donated Oso Creek and Recreation Center gift certificates. A total of $1,100 was raised, with all donations going to a breast cancer organization in Mission Viejo. On September 30, she attended a Girl Scout tree planting event, with three girl scouts working towards their Silver Award. She attended B athgate’s Walk to School Day Event , however, she ran, as she was running a little behind. She also attended Lunch at the Landfill with C ouncil Member Ruesch, the C haracter Awards at Bathgate Elementary School, a PTA meeting where she was able to relay some of the parents concerns to city staff. And lastly, she shall briefly attend the Los Osos Update tomorrow at the North Paseo before heading over to the last Capo Valley Girls Volleyball game at Trabuco Hills.
Mayor Pro Tem Kelley
Mayor Pro T em Kelley stated she attended Bathgate’s Walk to School Day Event, spoke on the Character Program at Reiley Elementary School , and attended the C haracter Awards at Bathgate Elementary School. She was not able to attend the Annual Saddleback College Foundation Gala this year as her grandson had a baseball tournament, and she was busy with baseball, water polo, football, volleyball and soccer at the weekend with her grandchildren enjoying the wonderful facilities at Mission Viejo. Lastly, she reminded everyone to attend the Walk Against Drugs Event on Saturday, October 21 at 8am followed by the Emergency Preparedness Expo. and Community Fair.
Mayor Goodell
Mayor Goodell attended Bathgate’s Walk to School Day Even t with his crazy socks, Mission Viejo Chamber of Commerce’s Women in Business A wards Luncheon, and the 22nd Annual Mobility 21 Summit. He added, that after hearing one project took 25 years, he came away with the realization of how long and complex challenges and issues are in order to accomplish a project. Mayor Goodell
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announced that Cricket is now a part of the 2028 Olympics, with Irvine as the leading contender for the venue. He also mentioned that the head representative of the Olympics site findings for Netherlands shall be touring Mission Viejo next week. He added that he cannot attend the Walk Against Drugs Event next week as he shall be in Santiago. And lastly, he shared an email received by Mark Nix, Director or Recreations and Community Services pertaining to a Pickles and Paddles Fundraising Tournament benefiting the Ora nge County Sports Commission and Community . He congratulated Coach Yvonne Bustamante at the Felipe Tennis and Recreation Center and club member David Lee who brought home the gold and took first place in the advance players bracket at the event.
ADJOURNMENT
At the hour of 9: 30 p.m., with no further business to come before the City Council at this session, Mayor Goodell adjourned the meeting in honor and memory of those who have lost their lives in Israel and Gaza in the past few days to Tuesday, October 24, 2023, at 5:00 p.m.
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Renata Winter, Assistant City Clerk
Approved at the meeting of October 24, 2023