City Council Minutes 1 December 12, 2023
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency, Housing Authority, and Library Board of Trustees*
December 12, 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 December 12, 2023, at 200 Civic Center, Mission Viejo, California.
A complete copy of the agenda for the meeting containing all items as shown herein was posted by 5:00 p.m. on December 7, 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
CLOSED SESSION
CS1. 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.
Randall Simmons, M.V.: Stated that there should be no more tax money spent on an appeal. Voiced concerns on the cost burden to the City. He asked that the Council reconsider retaining the City Attorney
Peggy O’Neill, M.V.: Voiced her reasons for the City to no appeal the Court of Appeals decision and to stop wasting any more money. She asked that the Council admit defeat, apologize and move on. Lastly, she suggested that it is time to replace Mr. Curley.
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Barbara Casserly, M.V.: Expressed concerns of the unprofessionalism of the City Attorney’s response in October at the plaintiff’s attorney. She stated there was a time when we could respectfully disagree and said that she didn’t speak out in the past because she didn’t want the organizations she represented harm because of her activism. She asked the amount spent on legal fees be disclosed to the public for transparency and that the City stop fighting this judgement and to consider hiring a new attorney.
Cathy Schlicht, M.V.: Stated that the City’s actions have been indefensible and outlined her reasons. She criticized the City Attorney on his comments to the public, handling of the cases and stated he should be fired immediately. She also suggested that City Manager Wilberg should step down and that Keith Rattay should not be the next City Manager. She emphasized that the City has two years of illegal votes without a quorum and is in legal jeopardy.
CS2. Conference with Legal Counsel-Potential Litigation: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 (1 case)
CS3. 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; and Human Resources Manager Monique Goetz: Employee Organization: Service Employees’ International Union (SEIU)
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:12 p.m., Mayor Goodell recessed the meeting the Closed Session. The City Council reconvened at 6:04 p.m. with all five Council Members present.
REPORT OF CLOSED SESSION
City Attorney Curley stated as to CS1 that since 2018 the City has bee working in collaboration with the plaintiff, Sout hWest Voters Registration Project to advance minority voter rights and to further define the contours of the California Voters Rights Act. He indicated that this as not bee litigated much and that it is very unclear. Attorney Curly said we have succeeded in that, although not in the ultimate way we had hoped. He said we are proud of our cutting-edge joint efforts with the plaintiffs and feel that we have advanced the Voting Rights understanding for minority voters. By unanimous decision, the council determined the outcome is suitable and it achieved in a way the goals that the Council had set out. So no further litigation is needed, the matter is closed.
INVOCATION: Mayor Goodell
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kelley
PRESENTATIONS
P1. State of the City
Received presentation.
City Council Minutes 3 December 12, 2023
P2. Panam Sports General Assembly ~ Santiago, Chile
Received presentation.
PUBLIC COMMENTS
Cathy Schlicht, M.V.: Asked where is the City’s press release on the outcome of the Court of Appeals decision. Raised concerns on the cost to taxpayers and stated that the City Attorney should be fired and sued for malpractice. She thanked and congratulated the plaintiff’s attorney’s as well as Michael Schlesinger for putting his name on the complaint.
Michelle O’Brien, M.V.: Thanked the Council and Staff for the beautiful holiday lights and Santa’s Workshop. She thanked Mayor Goodell for his hard work this past year as well as the other Council Members.
Larry Gilbert, M.V.: Congratulated the Mission V iejo Diablos Football Team on the ir state championship win against De La Salle and highlighted the season.
Daniel Croft, M.V.: Introduced himself as the head of the Mission Viejo Girls Softball League and thanked the City Council. He recognized employees, Corey Gonyea, Jerry Hill, Mark Nix, Brian Zahn, and Barbara Swanson for all their hard work.
Lynn Holmes, M.V.: Spoke out against the City Attorney for giving bad advice and asked who or what is keeping him as legal Counsel for the City. She stated the loss of millions of dollars due to legal fees and court costs. She feels that he should resign if the Council is not strong enough to terminate him.
Stacy Holmes, M.V.: Spoke on behalf of the loss of millions of dollars to taxpayers and win or lose Mr.
Curley and the lawyers made a lot of money. Asked to hear the concern from the two newest Council Members, past Council Member, and staff on what their voice is on this matter.
Michael Schlesinger, M.V .: Stated that due to the Court of Appeals decision that Council Members Bucknum, Goodell, and Kelley should be removed from office. He outlined his reasoning and asked that the City Council direct the City Attorney to file suit against Bucknum, Raths, and Sachs to return the salaries and benefits they ear ned during their illegal terms of office and to recover any legal fees the City has expended defending them. Lastly, he demanded the City Manager to be fired for allowing the City to get to this point and that Council Members Bucknum, Goodell, and Kelley to recuse themselves from any discussions involving my Quo Warrant and Mandate Cases.
Carlos Pianelli, M.V.: Thanked Mayor Goodell for his term as Mayor. He spoke on Stop the Monster and his survey that he conducted and suggested that the City should conduct an appraisal and consider buying this property to improve the Garden Plaza.
Walt Lawson, M.V.: Spoke on the Quo Warranto and recapped the case. He s poke out against the City Attorney and City Manager. Asked why the City Manager didn’t get a second opinion and blamed the Council for not questioning the City Attorney. Voiced his opinion that the City Attorney should be terminated. He stated that the City Council should vote to waive the attorney-client privilege on the cost of attorney fees.
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Tom Moore, M.V.: Stated sadly that he agrees with most of what has been said this evening. He commented on the Los Osos Project sa ying currently there is only a sliver of representation on the commercial part of the project. He questioned the size of the “for lease” sign on the South East corner of La Paz and Marguerite and asked if it is supposed to be there.
Helen Maurer, M.V.: Stated that the Council needs to face the music and apologize and take their personal responsibility to make things right. She asked that the Council stop costing the tax payers any more money.
Chris Alva, M.V: Spoke on Mission Viejo Girls Softball League and thanked the City’s support for their league.
Jeff McBride, M.V.: Raised concerns on Oso and Felipe and asked that the turn pocket be longer or changing the signals. Spoke on the dirt haul ing that is affecting traffic and asked when it is going to end.
CONSENT CALENDAR
Motion made by Council Member Bucknum, seconded by Council Member Ruesch, to a pprove the Consent Calendar 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 November 14, 2023, as presented.
2. General Check Register Dated November 3, 2023 in the Amount of $2,076,863.80 Ratified the accompanying check register.
3. General Check Register Dated November 10, 2023 in the Amount of $2,945,077.41 Ratified the accompanying check register.
4. General Check Register Dated November 17, 2023 in the Amount of $1,087,720.75 Ratified the accompanying check register.
5. General Check Register Dated November 24, 2023 in the Amount of $638,726.65 Ratified the accompanying check register.
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6. Golf Check Register Dated November 3, 2023 in the Amount of $325,249.51 Ratified the accompanying check register.
7. Golf Check Register Dated November 10, 2023 in the Amount of $24,287.18 Ratified the accompanying check register.
8. Golf Check Register Dated November 17, 2023 in the Amount of $2,115.92 Ratified the accompanying check register.
9. Golf Check Register Dated November 24, 2023 in the Amount of $9,479.57 Ratified the accompanying check register.
10. City Treasurer’s Monthly Report for October 2023
Received and filed.
11. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for October 2023
Received and filed.
12. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for October 2023
Received and filed.
13. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for October 2023 Received and filed.
14. Development Code Amendment P -DCA 2023-0001, Amending Title 9 of the Mission Viejo Municipal Code and Zone Change P -ZC2023-0001, Modifying the City’s Zoning Map, to Designate City-Owned Housing Element Site 3 As By-Right For Residential Development, as it Relates to an Amendment of the City of Mission Viejo General Plan Housing Element and in Accordance with the Requirements of State Law as Interpreted by the State Department of Housing and Commu nity Development and Make Findings Under California Environmental Quality Act Of 1970, as amended.
Adopted Ordinance 23-351 Approving the Development Code Amendment P -DCA 2023-0001, Amending Title 9 of the Mission Viejo Municipal Code and Zone Change P -ZC2023-0001, Modifying the City's Zoning Map, to Designate City-Owned Housing Element Site 3 As By-Right For Residential Development, as it Relates to an Amendment of the City of Mission Viejo General
City Council Minutes 6 December 12, 2023
Plan Housing Element and in Accordance with the Require ments of State Law as Interpreted by the State Department of Housing and Community Development and Make Findings Under California Environmental Quality Act Of 1970, as amended.
15. Revisions to City of Mission Viejo Personnel Policies Adopted Resolution 23-46 Providing for the Revisions to Select Personnel Policies.
16. Annual Measure M2 Expenditure Report for Fiscal Year Ended June 30, 2023
Approved Resolution 23-47 Adopting the Measure M2 Expenditure Report for the City of Mission Viejo.
17. Annual Maintenance Program for the Repair and Reconstruction of Streets, Drainage Channels, Storm Drains, Slopes, Emergency Response and Heavy Equipment
(1) Approved Twelfth Amendment to the existing maintenance contract with Bistline Engineering, Inc.; and (2) authorized a Change Order to the existing Purchase Order for Bistline Engineering, Inc. in an amount not to exceed $75,000.00.
18. Pinecrest Park and Linda Vista Park Play Area Resilient Surfacing Renovation
(1) Awarded a contract to Western State Builders, Inc. (A23-59) for the Pinecrest Park and Linda Vista Park Play Area Resilient Surfacing Renovation in an amount not to exceed $105,212.00, and (2) issued a purchase order to Western State Builders, Inc. for an amount not to exceed $105,212.00.
19. Solid Waste and Recycling Consulting Services - "State Diversion Compliance Consultant"
(1) Authorized the City Manager to execute two one -year contract extensions for a cumulative amount not to exceed $166,269 with EcoNomics, Inc. for "State Diversion Compliance Consultant Services," and (2) authorized the issuance of a purchase order to EcoNomics, Inc. in an amount not to exceed $81,906 for calendar year 2024 services.
20. Citywide 2024 Pavement Management Program Update
Awarded a contract to Nichols Consulting Engineers (A23 -60) for the 2024 update of the City's Pavement Management Program in an amount not to exceed $42,000.00.
21. Site 3 Land Transfer
(1) Approved a quitclaim deed relinquishing title for certain property from the Mission Viejo Housing Authority to the City of Mission Viejo; (2) Approved a quitclaim deed relinquishing title for certain property from the City of Mission Viejo to the Mission Viejo Housing Authority for use as a housing opportunity site.
OLD BUSINESS
City Council Minutes 7 December 12, 2023
22. LOS OSOS Phase I Collaborative Design Team Contracts
Assistant City Manager Keith Rattay presented the staff report.
Stacy Holmes, M.V.: Asked that this item be tabled and to not throw away any more taxpayer money. He indicated he would be in favor when the business owners show up and speak in favor of this project.
Larry Gilbert, M.V.: Voiced his concerns of favoritism and lack of competition to potential corruption. He read from an article dating back to August 2010 that he wrote on design services and the City Manager’s authority.
Cathy Schlicht, M.V.: Questioned if the purchase of the Stein Mart Building was legal and asked the status of the building. Asked for transparency on the RJM non-bid contract and asked that the City go out to bid on this project.
Council Member Vasquez questioned why this project did not go out to bid and made a motion to require additional documentation that includes the breakdown of the contract to RJM and to come back at next months meeting after review of this documentation. Motion died for lack of second.
Motion made by Mayor Pro Tem Kelley, seconded by Council Member Bucknum, to (1) approve the contract with Carlson Strategic Land Solutions, Inc. (A23 -61) for the Core Area Vision Plan CEQA and regulatory permitting and environmental studies for an amount not to exceed $78,800 and issue a purchase order for $78,800; (2) approve the proposal with GMU Engineers & Geologists for the preparation of a soils report and pavement evaluation in an amount not to exceed $61,320 and issue a purchase order for $61,320; (3) approve the proposal with RJM Design Group in an amount not to exceed $459,500 and issue a purchase order for $459,500; and (4) the Assistant City Manager will provide the breakdown of the contract to the City Council.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
23. Orange County Vector Control District Appointment
Motion made by Mayor Goodell, seconded by Council Member Bucknum, to appoint Bob Ruesch to the Orange County Vector Control District for a two- year term from January 1, 2024 through December 31, 2025.
On roll call, said motion carried by the following vote:
City Council Minutes 8 December 12, 2023
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
CITY MANAGER REPORTS
City Manager Wilberg highlighted that the Heroes and Helpers event that is sponsored by Orange County Sheriff’s Department and Oran ge County Fire Authority was a success. This year, through donations from staff and business partners in the community including the Nadadores they were able to fund 29 students each of which was give two hundred dollars to purchase gifts for themselves and family members at the Target on Jeronimo. He stated that similarly when he ran into Gail Wood, she was in the process of driving down her eighth truckload of gifts to 195 Marine families at Camp Pendleton.
CITY ATTORNEY REPORTS
COUNCIL MEMBER COMMENTS AND ACTIONS
24. 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 Winter Gala at the community center, Kurt Pringle’s Christmas party at the Ranch Saloon Restaurant, and the Animal Services volunteer holiday party. Council Member Bucknum also attended the Mission Viejo High School Football championship ga me at Saddleback College and commented on how wonderful it was to see so many alumni and second generation playing for the Diablos. She attended the Hanukkah Celebration and lighting of the menorah. She reminded residents to come to the Mix and Mingle thi s Saturday at the Civic Center and the Night Market. She thanked staff for this great event. She stated she attended last year and you don’t want to miss it. Council Member Bucknum felt that today is hopefully an important closure on the protracted costly and what has appeared based on many comments is politically motivated litigation over our elections and the implementation of district-based voting. She stated that throughout this process we sought to defend the integrity and stability of the electoral process following state and local election codes by minimizing litigation expenses all while attempting to establish a voting system that ensures representation for the diverse communities that make up our City. She commented that staff and former council members have been falsely accused of criminal wrongdoing and attempts were made to go after personal assets, our homes. She shared concerns on how this chills participation for future people who want to run for office.
She stated that while the City and its attorneys vigorously disagree with the current rulings in the cases our primary focus now is moving forward and mitigation further litigation expenses. Council member Bucknum emphasized that quality of life, infrastructure and city services are what m atter most. She stated she is very passionate about the quality of life and the regulation of sober living homes that we are working on with other cities. She wished everyone a Merry Christmas, Happy Hanukkah,
Council Member Ruesch
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Council Member Ruesch stated he feels very privileged to be able to attend so many great events. H highlighted that on the 29 th of November he attended the ACCOC Regional Holiday Reception at Strawberry Farms and had a fun time. He also attended the Winter Gala with fellow Council Members.
Today he presented to Palmia Residents the Los Osos video and the residents were very excited for this project. Lastly, he showed pictures form the even this past Sunday at eh Oso Creek Golf Course Lunch with Santa. He raved about the event and complimented staff and the chef for the delicious food that was served.
Council Member Vasquez
Council Member Vasquez stated she attended the Santa’s Arrival and Tree Lighting event with her family. This past weekend she attended the fentanyl even at the community center which was very informative and was given little containers of Narcan. She learned how such a small quantity of fentanyl can kill a person. Council Member Vasquez took her girls to Santa’s Workshop and her youngest was able to deliver a letter to Santa and noted that she did receive a letter back from Santa and her daughter was delighted. She also attended the Winter Gala and gave kudos to staff for the time and effort that was put in this event. She also attended the Character Awar ds at Bathgate and stated the best way to define “thankfulness” is what makes your heart happy and to think of those special times with family or friends. Council Member Vasquez attend the mural unveiling at Viejo Elementary School which was painted by an artist who is a member of the Daughters of the American Revolution. The artist painted the mural to represent early California life as part of our American 250 birthday of our Country coming in 2026. Lastly, she stated that her husband took the girls to the Oso Creek Express Train and she also attended the Hanukkah event which had a really great turnout.
Mayor Pro Tem Kelley
Mayor Pro Tem Kelley missed a few of the events last week due to babysitting two of her granddaughters for the week ages two and five. She was able to take the around to the library and the mall and Santa’s arrival. She gave a shout-out to the Mission Viejo Activities Committee for all their hard work putting this event on and hosting Santa’s Workshop several nights a week. She also attended the Hanukkah event and stated it was a very nice celebration. Lastly, she wished everyone a very Happy Hanukkah , Merry Christmas and noted that her family celebrates Christmas as the birth of Christ so it’s very special to her family.
Mayor Goodell
Mayor Goodell mentioned that he also rode on Santa’s train with his granddaughter and had the privilege to read T’was the Night Before Christmas at Santa’s Arrival. He stated that it has been a pleasure to serve as the Mayor this past year and thanked his colleagues for allowing him this opportunity. Mayor Goodell said it has been an exceptional year other than a few battles and negative things, but all in all he feels the state of the city is really great and we have a lot to be thankful for. He looks forward to the coming year working with his colleagues as they have a great deal of potential to fulfill to make our City even better than it already is. He said it’s a privilege that we get to do what we do even though there are challenges. He wished everyone a very Merry Christmas, Happy Hanukkah and Happy Kwanzaa and reminded everybody that it’s the spirit of love we are celebrating.
25. Selection of Mayor and Mayor Pro Tem 2024
City Council Minutes 10 December 12, 2023
Motion made by Mayor Goodell, seconded by Council Member Bucknum to appoint Trish Kelley to serve as Mayor in 2024.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley to appoint Bob Ruesch to serve as Mayor in 2024.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Kelley to appoint Bob Ruesch to serve as Mayor in 2024.
ADJOURNMENT
At the hour of 8:17 p.m., with no further business to come before the City Council at this session, Mayor Goodell adjourned the meeting to Tuesday, January 9, 2024, at 5:00 p.m.
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of January 9, 2024