City Council Minutes 1 October 24, 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 24, 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 October 24, 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 19, 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
Cheryl Dyas, Director of Administrative Services
Kimberly Schmitt, City Clerk
CLOSED SESSION
P1. Conference with Legal Counsel-Anticipated Litigation: Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (number of potential cases:1)
RECESS TO CLOSED AND RECONVENE
At the hour of 5:01 pm Mayor Goodell recessed the meeting to Closed Session. The City Council reconvened at 6:06 pm with all five City Council Members present.
REPORT OF CLOSED SESSION
City Council Minutes 2 October 24, 2023
City Attorney Curley reported the following out of Closed Session. The City purchased the prior Stein Mart property that was vacant, unused, and not in great condition. The purchase provided the City with both private property rights and public use rights. The City Council has, in 2021, publicly designated this parcel as a community facilitie s’ use site, focusing on community oriented commercial uses that will offer community gathering and dining opportunities, with a focus on the Oso Creek community asset. The public currently enjoys community -oriented commercial uses there, such as Farmer Markets and other commercial events. There are also temporary uses of a children’s theater practice site, a community church, and a public safety fire station. We believe the uses match the outdated CCRs and also match the community facilities designation. The owner of what is likely the worst -kept building, the Kronick Gath’s old Michael’s building, and another owner, the Cernich business group, have threatened to sue the community to stop these commercial uses and to stop the community -requested revitalization of this center via the community designed rehabilitation plan. This revitalization plan is known as the Core Area Vision Plan. These two out- of-town owners’ threat to sue appears to show an apparent goal of attacking the community property’s use by children and their theater, the respected church, the interim fire station, and seems merely is an effort to stop our community-based commercial and reuse and rehabilitation plan. That desire to stop desired community improvements is hard to fathom. These tw o owners base their threat on their personal view of the over fifty (50) year -old, incomplete, CCRs that focus on the commercial use of the center. They have admitted there are no by -laws to operate the center. They have admitted the CCRs need updating. We have been working together for over one year to remedy the defects. And now, they threaten to sue the public. The City interprets these CCRs and all existing land use laws to allow the interim children’s theater use, church use, and the interim fire stati on as well as the current and proposed commercial uses. The City will do all that is necessary not to allow these two out -of-city investors to harm the community as regards current and future uses of this “heart of the City”. The City Council will explain its commitment to improving the core area tonight and on an ongoing basis.
INVOCATION: Mayor Pro Tem Kelley
PLEDGE OF ALLEGIANCE: Council Member Vasquez
PRESENTATIONS
P1. Diversity & Inclusion Task Force to Recognize Award Winners for Disability Employment Awareness
Director of Library Services Genesis Hansen recognized Eric Bisaillon and Kristiana Gingras from Goodwill of Orange County.
PUBLIC COMMENTS
Michelle O’Brien, M .V.: Thanked Mayor Goodell assisting the Mission Viejo Elks Lodge in presenting a certificate of patriotism to the M ission Viejo Country Club . She also thanked Mayor Pro Tem Kelley for her meeting with their organization “Parents Against School Shootings”. She stated she attended the Walk Against Drugs and thanked staff for their efforts in setting up this event.
Lastly, she thanked Assistant City Manager Rattay for leading a walking tour at the Core Area and answering questions along the way.
City Council Minutes 3 October 24, 2023
Josh Vecchione, M.V.: Updated the City Council on the Bravo Theater Group stating that they have over one hundred children from ages five to eighteen in production for the Lion King. He thanked the City Council and voiced support of the improvements.
Nicole Zahn, M .V., Andrea Ramos, M .V., and Ryan Corning, Lake Forest: Spoke on the Animal Services Union SEIU 721 labor negotiations and voiced their frustration. They are asking for a four percent increase in wages and a seven hundred-fifty compassion fatigue bonus.
Blanca Conot, MV: Spoke on her life in Mission Viejo and why she and her husband chose to live here. She is in support of the Los Osos Project.
Cathy Schlicht, MV: Criticized Council and Staff on their leadership and praised Council Member Vasquez for coming prepared to deliberate the Nadadores Contract.
CONSENT CALENDAR
Item 6 was removed from the Consent Calendar.
Motion made by Council Member Bucknum, 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 October 10, 2023, as presented.
2. General Check Register Dated September 29, 2023 in the Amount of $1,272,826.58 Ratified the accompanying check register.
3. Golf Check Register Dated September 29, 2023 in the Amount of $91,103.16 Ratified the accompanying check register.
4. General Check Register Dated October 6, 2023 in the Amount of $3,279,206.66 Ratified the accompanying check register.
5. Golf Check Register Dated October 6, 2023 in the Amount of $441,508.30 Ratified the accompanying check register.
City Council Minutes 4 October 24, 2023
7. Live Video Streaming Service Renewal and Upgrades
Approved amendment to renew annual service agreement and upgrades with Granicus, LLC in an amount not to exceed $81,920 and issue a purchase order in an amount not to exceed $54,032.
8. Melinda Road Pavement Rehabilitation Project (CIP 23837) - 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 recordation of the Notice o f Completion contingent upon no claims or liens being filed with the City; and (4) authorized the release of the final retention 35 days after the date of recordation of the Notice of Completion.
9. La Paz Bridge/Road Widening (CIP 01756)
Authorized the City Manager to approve Construction Contract Change Order 1 to Flatiron West, Inc. in the amount of $761,535.
10. Revisions to City of Mission Viejo Personnel Policies Adopted Resolution 23-41 Providing for the Revisions to Select Personnel Policies.
ITEMS REMOVED FROM THE CONSENT CALENDAR
6. Integrated Library Systems Renewal and SaaS Migration The City Manager stated that this item will be considered at a future Council Meeting. .
OLD BUSINESS
11. LOS OSOS Update
Santa Margarita Water District Board Member Frank Ury gave his presentation on the Oso Water Reclamation Plant Facility Optimization.
Assistant City Manager Keith Rattay presented his staff.
Director of Administrative Services Cheryl Dyas addressed the Council regarding the 1999 Mall Bonds and the 2016 Lease Revenue Bonds for the financing of City Hall.
Eric Chastain, M.V.: Asked how many of the property owners are Mission Viejo residents. He is in favor of the project to bring new life and businesses to the area. He voiced concerns that our residents are going to other cities to spend their money.
City Council Minutes 5 October 24, 2023
John Appleman, M.V.: Spoke in favor of the Los Oso Project, stated he has to go out of the City for shopping and restaurants. He believes it is time for a facelift to the City spaces that meet the demand of the next generation of Mission Viejo residents.
Sarah Blomquist, M.V.: Stated she is part of OakHouse Church and is in support of this project. She outlined how community green space is so important for mental health and overall health of a community.
Nancy Silver, M.V.: spoke in favor of the project.
Robert Bennett, M.V.: spoke in favor of the project.
Lynn Hayes, M.V.: Raised concerns on the cost of the project and that residents will be on the hook for this cost. She also raised the issues of affordable housing , parks and green space maintenance that need the City’s attention. She also spoke about the standing water in her neighborhood and has contacted the City.
Cathy Palmer, M.V.: She would be in favor of this project if it included a plan for workforce housing and was proposed by a private developer so that the residents wouldn’t be assuming the risk. She highlighted to the Council that she proposed the bridge from the Civic Center to the City Core at a Planning Commission meeting. She agrees with continue the cosmetic improvements but not to take any more debe for this project.
Michelle O’Brien, M.V.: Spoke in favor of the project but suggest that Council to reject the LABco bid and to rebid the project. She also asked if LABco could provide examples of past projects with financials on how the projects performed versus their projected numbers.
Sara Vandenbrock, Rancho Santa Margarita: Stated she is in support of the project. She spoke on behalf of tenant owner Zach Green. She stated he is in favor of the project but had concerns of the increase in safety for the kids riding e-bikes and asked if security could be broadened to the whole center.
Scott Ryan, M.V.: Spoke in support of the project. He stated he was an animal services volunteer at the age of 14 and it led him to become a veterinarian today. He emphasized that many of the centers within the City need to be upgraded.
Larry Ryan, M.V.: Spoke in support of the project. Asked that the Council hear what is being told to them this evening and have the same type of commitment and vision that they have had for the last 25 years.
Michael Gallegos, M.V.: Spoke in support of the project. He pointed out that the City fall behind in good restaurants and entertainment. He stated this project will bring tax revenues, new businesses, and will boost existing businesses already in place.
City Council Minutes 6 October 24, 2023
Chad Halliburton, M.V.: Introduced himself as Pastor of Oakhouse Church. Spoke in support of the project. He indicated that he has spoken to many people and they are all in favor and very excited with the project. He thanked the Council for the time that his Church has had to use the Mart.
Tom Moore, M.V.: Stated he has supported this project from the beginning. He suggested the City take a pause and revisit. He spoke on a specific plan that needs consensus before moving forward and raised issues on parking.
Loren Bennett, M .V.: Spoke in support of the project and looks forward to a centrally located gathering space that will serve to engage the community.
Ethen Thacher, M.V.: Spoke in favor of the project and is excited that the City is partnering with LABco for their great vision and track record of executing on that vision.
Cathy Schlicht, M.V.: Outlined her views on why the City should not move forward with this project and that government should stay out of the private sector. Asked that the public should decide if they want their tax dollars to fund this project and have the time to understand how the funding will affect the budget. She emphasized there is not enough foot or car traffic to make this plan successful.
Greg Silver, M .V.: Spoke in support of the project . He believes this will create community fellowship and a place that different cultures and people with different views can come together.
Tracy Bryars, M.V.: Spoke in support of the project. She pointed out that it will be an outdoor gathering place where residents can get physical activity and community.
Robert Breton, M.V.: Spoke in support of the project and outlined some of the history of the center.
He stated the dire need for renovation of this center and the many benefits it will have economically as well as enhancing our City for the residents.
Council Members asked various questions.
President of Kosmont Companies Ken Hira answered questions from the Council .
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, (1) receive and file the report summarizing the City’s extensive public input efforts; (2) receive and file the cost estimate and summary of costs for the project; (3) receive and file the Tax Leaka ge Report based on entertainment uses; (4) receive the Retail Partner Overview report and directed City staff to proceed with further negotiations for a retail partnership agreement with LABco, but also look into possibly reissuing the RFQ and to do a further study on the partnership agreement; and (5) approve the “GO FORWARD PLAN” and directed staff to obtain a proposal from Collaborative Design Team for development of construction documents and environmental reports for the first phase of the LOS OSOS Project.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
City Council Minutes 7 October 24, 2023
NOES: None
ABSENT: None
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
12. Transportation Corridor Agency (TCA) Report
Postponed to the next meeting.
13. Southern California Association of Governments (SCAG) Report Postponed to the next meeting.
14. Orange County Local Agency Formation Commission (LAFCO) Report Postponed to the next meeting.
15. Orange County Fire Authority (OCFA) Report
Postponed to the next meeting.
COUNCIL MEMBER COMMENTS AND ACTIONS
16. 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 commented on the amazing evening of Unity in Light for Israel that was held on October 11. She was honored to be a member of this community and to see over 500 people in attendance to support our local Chabad. Many churches were there in support as well. She stated that she attended the Tee It Up for Marines at Camp Pendleton. Council Member Bucknum also attended the 13
th annual Roses and Radishes Awards and announced that the California Sober Living and Recovery Task Force on an award from OCTAX for the collaborative efforts that have been done to work with our local legislators and was honored to receive this award on behalf of the Task Force.
Council Member Ruesch
Council Member Ruesch announced that this Saturday he is going to put up the Flag and showed a YouTube Video.
City Council Minutes 8 October 24, 2023
Council Member Vasquez
Council Member Vasquez attended the Los Osos Update and stated that her youngest daughter enjoyed the pumpkin painting and chalk painting. She then attended her oldest daughter’s volleyball game at Trabuco Hills High School. She also attended the marine’ s fundraiser at Camp Pendleton and expressed the great turnout and that the number of auction items and drawings was very impressive. Council Member Vasquez also attended the E -Waste Drive as well as accepting on behalf of the City at the Second Harvest Food Bank. She did attend this past weekend the Walk Against Drugs & Expo along with the pumpkin diving event at the Sierra Recreation Center. She had a girl scout event with her youngest daughter and is looking forward to the dog costume contest.
Lastly, she announced she will be going to San Diego to celebrate her grandfathers 100 th birthday
this Sunday.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley indicated that it has been a busy last two weeks. She attended the Los Osos project update and participated in the kids pumpkin painting. She also attended the evening of Unity and Light for Israel and it was great to see such a good turnout for the people of Israel. Mayor Pro Tem Kelley attended an older adults needs assessment hosted by Supervisor Don Wagner on October 12 at the Murray Center. She stated that there were a number of good resources to share with residents. She and her husband both attended t he 13
th Annual Tee it up for Marines Golf
Tournament. She thanked City Staff and the Marine Adoption Committee for all their hard work on putting this event on. She announced that she attended the Oso Treatment Plant Tour and that it was very interesting with good information. She attended the OCTAX Roses and Radishes and said it was great to see Council Member Bucknum receive an award for her work on the Sober Living Task Force. Council Member Kelley along with Council Member Vasquez attended the Second H arvest Food Bank Ceremony to receive an award for the City’s support. She commented on the Walk Against Drugs and thanked Chief McDonald for the excellent job his staff did. Lastly, she stated she also attended the Diving for Pumpkins event at Sierra Recreation Center.
Mayor Goodell
Mayor Goodell stated that the community and support of our Chabad and Israel was very moving for him. He referenced a couple that came and spoke whose son is serving in the Israeli Defense Federation (IDF). He attended the Tee It Up for The Marines and golfed with Council Member Bucknum. Mayor Goodell said he had a phenomenal week at the Pan-American General Assembly in Chile. He recapped his week in Chile and stated that he would have a full report at the next City Council Meeting.
ADJOURNMENT
At the hour of 9: 47 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 longtime resident Carol Weidler, to Tuesday, November 14, 2023, at 5:00 p.m.
______________________________________
City Council Minutes 9 October 24, 2023
Kimberly Schmitt, City Clerk
Approved at the meeting of November 14, 2023