City Council Minutes 1 November 14, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
November 14, 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 November 14, 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 November 9, 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
CS1. Conference with Legal Counsel - Pending Litigation: Janice Kronik Gath, et. al v.
Mission Viejo OCSC Case No. 30-2023-01357472-CU-BC-CJC and Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9 (15 cases)
CS2. Conference with Legal Counsel - Existing Litigations: People ex. rel. Schlesinger v.
Sachs, et. al., OCSC No. 30-2022-01262431-CU-JR-CJC; and Schlesinger v. Mission Viejo, OCSC Case No. 30-2022-01253878-CU-WM-CJC.
CS3. Liability Claims and Existing Litigation: Claimants: Villanea GAL Castillo, Heirs of Wolf, Heirs of Oldmixon, Loos-Hannifan, Heirs of Cade Veen, and Pavlisin: Agency
City Council Minutes 2 November 14, 2023
Claimed Against - City of Mission Viejo and: Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) Section 54956.9 (6 cases)
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:02 p.m., Mayor Goodell recessed the meeting the Closed Session. The City Council reconvened at 6:10 p.m. with all City Council Members present.
REPORT OF CLOSED SESSION
City Attorney Bill Curley announced that the Council unanimously agreed to the City’s defense against the filed lawsuit on CS1, and stated we have conditional approval to commence litigation as it appears necessary and stated that was unanimous. In regards to CS2 and CS3 the Council was updated but there was no reportable action.
INVOCATION: Council Member Ruesch
PLEDGE OF ALLEGIANCE: Council Member Bucknum
PRESENTATIONS
P1. Proposed OASIS Water Recycling and South County Emergency Water Interconnection Projects
Received presentation from Moulton Niguel Water District Assistant Director of Engineering Todd Dmytryshyn, Water Resources Manager Laura Rocha, and Principal Engineer Alex Thomas.
P2. Girl Scout Silver Award Recipients
Mayor Goodell presented certificates to Ella Wormser and Nadia Bonfanti.
PUBLIC COMMENTS
Cathy Schlicht, M.V.: Spoke out and outlined her reasons against Commissioner Breton and Council Member Ruesch on their comments at the last Council Meeting and asked that Commissioner Breton be removed from the P lanning Commission for abuse of power and to censor Council Member Ruesch.
Ethan Chemmanoor, M.V., Rohail Ghulamali, M.V., Keri Lynn Baert, M.V. Voiced concerns about the speed limit on Marguerite Parkway by Trabuco Hills High School and asked that the speed limit be lowered to a school zone during school hours.
Tom Moore, M.V.: Asked that the Council pull item 14 and table it. He outlined his reasons for this request. He stated he is not a fan of either the property owners or the City regarding the handling of the shopping center and claimed there is so much potential.
City Council Minutes 3 November 14, 2023
Cathy Palmer, M.V.: Announced that it is Native American Heritage Month. She supports the Animal Services workers negotiations and that their demands should be taken seriously. She pointed out the inaccuracy of previous statements from Council and Staff that residents do not want housing in the shopping center across the street. Lastly, she stated that property owners are not required to live in the City that they own property in, but that they do have responsibilities regarding those properties.
CONSENT CALENDAR
Items 14, 19, and 23 were removed from the Consent Calendar for separate consideration.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, 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 24, 2023, as presented.
2. General Check Register Dated October 13, 2023 in the Amount of $1,275,460.95 Ratified the accompanying check register.
3. General Check Register Dated October 20, 2023 in the Amount of $2,662,871.47 Ratified the accompanying check register.
4. General Check Register Dated October 27, 2023 in the Amount of $329,908.07 Ratified the accompanying check register.
5. Golf Check Register Dated October 13, 2023 in the Amount of $53,236.15 Ratified the accompanying check register.
6. Golf Check Register Dated October 20, 2023 in the Amount of $18,354.66 Ratified the accompanying check register.
City Council Minutes 4 November 14, 2023
7. Golf Check Register Dated October 27, 2023 in the Amount of $63,659.71 Ratified the accompanying check register.
8. City Treasurer’s Monthly Report for September 2023
Received and filed.
9. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for September 2023
Received and filed.
10. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for September 2023
Received and filed.
11. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for September 2023
Received and filed.
12. Transmittal of Pre-PARE Trustee Reports for the quarter ending September 30, 2023
Received and filed the accompanying Pre-PARE Trustee Reports for the quarter ending September 30, 2023.
13. Federal Transportation Improvement Program
Adopted Resolution 23-42 Certifying that the City of Mission Viejo Has the Resources to Fund the Projects in the FFY 2024/25-2029/30 Transportation Improvement Program and Affirming Its Commitment to Implement All Projects in the Program.
15. Annual Routine Monthly Landscape Maintenance - Contract Area 2 (Jeronimo Slope Landscape Rehabilitation)
Approved Third Amendment to the existing contract with Nieves Landscape, Inc. for the subject services in an amount not to exceed $60,000.00.
City Council Minutes 5 November 14, 2023
16. Annual Landscape and Irrigation Supplies - (Jeronimo Slope Landscape Rehabilitation)
Approved Seventh Amendment to the existing contract with SiteOne Landscape Supply for the subject services in an amount not to exceed $40,000.00.
17. Annual Routine Technical Irrigation - (Jeronimo Slope Landscape Rehabilitation)
Approved Thirteenth Amendment to the existing contract with A. C. Landscape, Inc. for the subject services in an amount not to exceed $50,000.00.
18. Norman P. Murray Community and Senior Center Audio Visual Replacement and Improvements
(1) Awarded a contract for the Norman P. Murray Community and Senior Center Audio Visual Replacement and Improvements project to GST, Inc. (A23-56) in an amount not to exceed $322,883.18; and (2) adopted Resolution 23-43 Amending the FY 2023 - 24 budget adding $137,402.00 from unappropriated restricted General Fund reserves for donations received specifically for use at the Norman P. Murray Community and Senior Center.
20. Library Roof Replacement/Repair Project - (CIP 335)
Awarded a contract to Remo Steel manufacturers, Inc. (A23-58) for replacement and repairs to the library roof in an amount not to exceed $380,000.00.
21. World Cup Soccer Fields Security Lighting - (CIP 339)
Approved the Plans and Specifications and authorize staff to advertise for bids for (CIP 339) - World Cup Soccer Fields Security Lighting.
22. California Department of Resources Recycling and Recovery (CalRecycle) Grant Applications
Adopted Resolution 23-44 Authorizing Submittal of Applications for all CalRecycle Grants for Which the City of Mission Viejo is Eligible.
24. Integrated Library Systems Software and Hardware Support Renewal
Authorized a purchase order to SirsiDynix, Inc. in an amount not to exceed $84,440.77 for the Integrated Library Systems annual support renewal.
ITEMS REMOVED FROM THE CONSENT CALENDAR
City Council Minutes 6 November 14, 2023
14. Amended License Agreement from November 1, 2022 through December 31, 2024 with OAKHOUSE CHURCH INC. to lease space at 25282 Marguerite Parkway
Mayor Goodell answered specific questions as to the contract and stated that this is a short - term temporary use for the church.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley, to approve the Amended License Agreement with OAKHOUSE CHURCH INC. for a period of 26 months to use 7,970 SF of space inside the MART building located at 25282 Marguerite Parkway.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
19. Crucero Park Play Area Rehabilitation - (CIP 340)
Mayor Pro Tem Kelley highlighted this project and is very pleased that the City is moving forward on this park renovation.
Motion made by Mayor Pro Tem Kelley, seconded by Mayor Goodell, to i ssue a purchase order an amount not to exceed $66,850.00 to RJM Design Group for design services, preparation of construction drawings and bid documents for Crucero Park Play Area Rehabilitation.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
23. Highway Safety Improvement Program (HSIP) Grant: Citywide Installation of Audible Pedestrian Push Buttons Construction Project (CIP 23255)
Mayor Pro Tem Kelley thanked Mario Gutierrez for his effort in obtaining this grant.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to approve the plans and specifications and authorize staff to advertise for construction bids for the citywide installation of audible pedestrian push buttons on existing traffic signal infrastructure.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
City Council Minutes 7 November 14, 2023
PUBLIC HEARING
25. General Plan Amendment GPA2021 -35, Development Code Amendment P -DCA2023- 0001, and Zone Change P -ZC2023-0001, being City- initiated petitions related to the City’s Housing Element update as required by state law to address the state’s 6th housing cycle covering the years 2021-2029. Additional revisions have been made to the currently adopted Housing Element in response to comments received from the public and the State Department of Housing and Community Development ("HCD"). General Plan Amendment GPA2021-35 revises the City’s General Plan Housing Element and Land Use Element Policy Map; and Development Code Amendment P -DCA2023-0001 and Zone Change P -ZC2023-0001 amend the City’s Development (Zoning) Code and Zoning District Map, respectively, to designate City -Owned Site 3 as By -Right, as identified in the Housing Element
Director of Planning Elain Lister and Planning Manager Jennifer Lowe presented the staff report.
The Mayor opened the Public Hearing at 7:23 pm
Stacy Holmes, M.V.: Thanked staff and the City Council for the housing element report.
Tom Moore, M.V.: Spoke on ADU’s and asked staff to encourage ADU’s in certain locations.
Cathy Palmer, M.V.: Thanked Elaine Lister and staff on the housing element and the feedback they received from their community outreach. She asked for a mandatory review of the progress and drew attention to the increase in senior residents.
The Mayor closed the Public Hearing at 7:31 pm
Motion made by Council Member Ruesch, seconded by Council Member Bucknum, to find that environmental issues arising from GPA2021 -35, P-DCA2023-0001, and P -ZC2023-001 are addressed as required by law and are set forth in the addendum to the previously certified 2013 Mission Viejo General Plan Program Environmental Impact Report ("Certified EIR") and adopt Resolution 23-45 Approving General Plan Amendment GPA2021-35; and introduce Ordinance 23-351 Approving Development Code Amendment P -DCA2023-0001 and Zone Change P-ZC2023-0001.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
City Council Minutes 8 November 14, 2023
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
26. Transportation Corridor Agency (TCA) Report
Received report from Mayor Pro Tem Kelley.
27. Southern California Association of Governments (SCAG) Report Received report from Council Member Bucknum.
28. Orange County Local Agency Formation Commission (LAFCO) Report Received report from Council Member Bucknum.
29. Orange County Fire Authority (OCFA) Report
Received report from Council Member Ruesch.
30. Orange County Transportation Authority (OCTA) Report Received report from Mayor Goodell.
COUNCIL MEMBER COMMENTS AND ACTIONS
31. 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 attended the following events: The Big Jump at the Marguerite Aquatics Center; State of the County luncheon with Supervisor Don Wagner at the Norman P. Community Center; Speak up Newport Beach; Veteran’s Day Ceremony; Glow Golf Tournament at the Oso Creek Golf Course; and the Grand Opening of Mendocino Farms. She stated that a couple of other businesses will be opening next to Mendocino Farms, Phil’s Coff ee and The Taco Stand. Council Member Bucknum announced that the next Sober Living Task Force meeting will be on Thursday December 14. She encouraged residents to support small businesses starting with the Gifts and Goodies Boutique this Saturday at the Norman P. Murray Center. She reminded residents of Santa’s Arrival and Lighting ceremony the Sunday after Thanksgiving. She wished everyone a Happy Thanksgiving and encouraged residents to attend the Hanukah Wonderland on December 10 at three o’clock at the Village Green to support our Jewish Community. Lastly, she reminded residents that there will not be a second meeting in November.
City Council Minutes 9 November 14, 2023
Council Member Ruesch
Council Member Ruesch stated that it has been a busy couple of weeks. He attended the groundbreaking ceremony for Fire State 24. He got the opportunity to sit in on the Potocki Cultural Arts Committee Meeting. He spoke on the feasibility study and indicated that it was very interesting with just under a thousand people responded and it showed a hug interest in a performing arts center in the City. He also attended the State of the City for Rancho Santa Margarita and said the highlight was listening to Tony Moise speak and suggested we have him come to our city to speak at some level before he moves on because he has an incredible wealth of knowledge. Council Member Ruesch state he also attended the Glow Golf. He presented a photo on the big screen of the L ower Curtis Pad and spoke about the scope of work and that it is about fifty percent done. Lastly, he mentioned that the Veteran's Day Ceremony was very moving and that it was an honor to be a part of the event to honor those that have given so much for us and our country.
Council Member Vasquez
Council Member Vasquez stated that she and her daughters were judges at the Paws on the Paseo Dog Costume Contest and had a great time seeing dogs in costumes. She had a follow -up meeting with the Carl Hanke Principal and attended the school’s Hawk Trot which is the school’s job-a-thon.
She also attended Bathgate Elementary School Fun Run as well. Council Member Vasquez stated she attended the Day of the Dead Event which had many great vendors. She announced that her grandfather turned 100 and the family had a party for him. She stated that she attended her first groundbreaking ceremony of Station 24. Council Member Vasquez and family held the annual Halloween Party in her neighborhood. She attended both Bathgate’s Character Awards as well as the Taste of San Clemente. She also attended Capo Valley Highschool Girls Volleyball Tournament and Ribbon Cutting Ceremony for Bubble Pop. She attended the South Orange County Watershed Meeting and will report on that at the next meeting. Council Member Vasquez indicated that the Veteran’s Day Ceremony was very moving and she also attended the Mendocino Farms Gran Opening. She commented that she will have her great nephew of eighteen months stay with her this weekend and that they plan on attending the Charlie Brown Thanksgiving and Christmas movies at City Hall. Lastly, she announced that November 12 through November 18 is Nurse Practitioner Week and read from the recognition and congratulated these health care heroes.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley attended the ribbon cutting for Ruby’s Christmas Trees, Family Assistance Ministries, el Dia de las Muertos, and the groundbreaking ceremony for Fire Station 24. She stated that she and her husband attended the Marine Corps. Ball on November 10. She wis hed all the Marines a Happy Birthday. She gave kudos to staff that raised thousands of dollars at the Marine Corps Golf Tournament to make the Ball more affordable. She also attended the Veteran’s Day Ceremony and thanked Director Mark Nix and Leslie McDonald for all their hard work and how she was pleased to see so many veterans in attendance.
City Council Minutes 10 November 14, 2023
Mayor Goodell
Mayor Goodell stated he attended many of the events that his colleagues mentioned. He said it was great to see Rudy honored as he has given so much to the community for many years. He attended the H20 for HOA’s event hosted by Moulton Niguel Water District for HOA’s to learn how to conserve more w ater and to be more efficient. Mayor Goodell attended long -time resident and volunteer Carol Weidler’s funeral. He stated that he participated in the Big Jump at the Marguerite Aquatics Center, Mendocino Farms Opening, and the ground breaking of Fire Station 24. He stated he had coffee with the CEO Christy Ward of Share Our Selves a non-profit that has an office in the City. They offer assistance to those that are food insecure and potential homeless residents. He attended both the State of the County and Laguna Hills State of the City. He mentioned that he also attended the El Toro Memorial Park Veteran’s Day Ceremony and pointed out that the Daughters of the American Revolution have a goal to place a wreath on every veterans grave site for Memorial Day. Residents can go online and donate. Mayor Goodell indicated that he attended a meeting on the preliminary and financial information for the golf course parking structure which will be presented to the City Council soon. He meet with Barbara Hughes of the Rotary Club and mentioned that on December 2 at The Shops at Mission Viejo in the Lagunaart.com Gallery will be hosting The Gift Artist Reception from 3 to 6 pm where residents ca shop local. He attended a tour with Planning Commissioner Chairman of the lower Curtis Park progress and indicated that it will be a 42-acre pad for a future City Council to appropriate funds for parks or sports fields. Lastly, he wished everyone a Happy Thanksgiving and reminded residents of Santa’s Arrival on Sunday after Thanksgiving.
ADJOURNMENT
At the hour of 9: 00 p.m., with no further business to come before the City Council at this session, Mayor Goodell adjourned the meeting to Tuesday, December 12, 2023, at 5:00 p.m.
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Kimberly Schmitt, City Clerk
Approved at the meeting of December 12, 2023