MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
January 9, 2024
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 Kelley at 5:00 p.m.., on January 9, 2024, 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 January 4, 2024, 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 Goodell
Council Member Vasquez
Mayor Pro Tem Ruesch
Mayor Kelley
Absent: None
Staff Present: Dennis Wilberg, City Manager
Keith Rattay, Assistant City Manager
Cheryl Dyas, Director of Administrative Services
William P. Curley, City Attorney
Kimberly Schmitt, City Clerk
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; and City Attorney William Curley: Employee Organization: Service Employees' International Union (SEIU)
CS2. Conference with Real Property Negotiators-Property: Village Center, 27092 La Paz Road, 27142 La Paz Road, 25212-25542 Marguerite Parkway, Mission Viejo, CA 92692; City Council Minutes January 9, 2024
Agency Negotiators: City Manager Dennis Wilberg, Assistant City Manager Keith Rattay, Director of Community Development Elaine Lister, City Attorney William P.
Curley, Council Member Brian Goodell, and Mayor Pro Tem Robert Ruesch.
Negotiating Parties: Schiffman Enterprises, Russell Fluter, Best California Gas Ltd, The Robert Victor Zakari Living Trust, Jim Wang, Charles Kinstler, City of Mission Viejo, MV Village Properties LLC, Janice K Gath Trust, Wade Weiman, Robert K.
Barth, Milpitas-Montague Inc.: Under Negotiation: Price and terms Relating to Interests in Real Property Including, but not Limited to Imposition of Bylaws; Covenants, Codes and Conditions; Mutual Easements, Licenses and Limited Duration Use Covenants: Lease Hold Interests, Purchase, Sale for Conditional Disposition, Grants of Rights-Of-Way, Individual Easements and the Possible Purchase, Sale, Exchange or Gifting of the Same by and Between the Parties
RECESS TO CLOSED SESSION AND RECONVENE
it the hour of 5:04 Mayor Kelley recessed the meeting to Closed Session. Mayor Kelley reconvened the meeting at 6:10 with all five Council Members present
REPORT OF CLOSED SESSION
City Attorney Bill Curley stated that on CS1, City Council gave a final review of the labor union contract that is item 18 on tonight's agenda. In regards to CS2 the Council gave direction to work with the owners of the Village Center to come up with mutually acceptable, new bylaws and CC&R's that will address the land use opportunities for the future and hoping for a good outcome by working together.
Mayor Kelley announced that she will be taking City Manager Reports out of order prior to the Consent Calendar for an update on the traffic accident on Alicia and Jeronimo.
INVOCATION: Council Member Vasquez
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Ruesch
PRESENTATIONS
P1. Presentation to Former Mayor Goodell
Mayor Kelley presented gavel plaque to outgoing Mayor Goodell.
P2. Opening Remarks from Mayor Kelley
Received presentation from Mayor Kelley.
P3. Check Presentation From the 3rd Annual Konrad Reuland Charity Tennis/Pickleball Tournament to Big Brothers Big Sisters
Received presentation.
City Council Minutes 2 January 9, 2024
PUBLIC COMMENTS
Saga Conroy, M.V.: Announced that Orange County Supervisor Don Wagner will be the Chairman for 2024. She highlighted the following events: CPR Class at the Norman P. Community Center this Thursday 6 - 8 pm; a second class will be held on February 22; she pointed out these classes are not for certification. She announced that there will be a Stop Scamming Seniors Seminar on January 25 at 10 am, as well as a Woman's Self Defense Class will be coming in early March.
Walt Lawson, M.V.: Spoke of the award of legal fees to attorneys Hand, Fink and Murdock and thanked them for arguing those cases court. They deserve high praise from the residents of Mission Viejo. He criticized the Council for not waiving the release the amount of legal fees incurred by the City and questions the lack of transparency. Lastly, he stated that the City Attorney, City Manager and Council Members should be held accountable for their collective attempts to override the election process.
Stacy Holmes, M.V.: Questioned Council Member Bucknum' s statement at the last meeting that his and other's comments were a partisan attack. He stated that the Council has a big mess to clean up if council actions in 2022 and 2023 were not legal due to lack of quorum during that time.
Cathy Schlicht, M.V.: Announced that she is here to inform the public about the corruption she has witnessed. She recapped the City Attorney's Closed Session report from the last meeting and questioned why no one challenged the misleading report. She commended Michael Schlesinger for standing up and filing the complaint. Lastly, she stated that the Council acted illegally and there needs to be consequences for their abuse of office.
Michael Schlesinger, M.V.: Asked that the City be transparent on the legal fees of the City. He stated his legal fees are now a matter of public record. He challenged the decisions made between December 2020 through December 2022 and are subject to a challenge. Recommended the City retain an independent law firm to ascertain if there should be a referral to the grand jury to determine criminal conduct and specifically pointed out the bonds issued during this time.
Cathy Palmer, M.V.: Reminded the City Council that she was against the five Council Members extending their terms and stated she has been attacked by both the City Attorney and City Manager verbally and in writing. She is relieved that the current Council has come to a consensus not to pursue further litigation. Rebutted to Council Member Bucknum' s remarks at the last meeting and stressed that regardless of party she would object to anyone attempting to stay in office beyond their term.
Attorney Curley responded to the previous comments stating that Judge Schwarm and the Court of Appeals indicated that this was neither a moral or penal issue, but how the law applies. He explained the process of he Quo Warranto and defending his clients.
CITY MANAGER REPORTS (taken out of order)
Received report from Police Chief McDonald regarding the traffic accident at the intersection of Alicia Parkway and Jeronimo Road.
City Council Minutes 3 January 9, 2024
CONSENT CALENDAR
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Ruesch, to approve 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
City Council Minutes
Approved the Minutes for the regular City Council meeting of December 12, 2023, as presented.
General Check Register Dated December 1, 2023 in the Amount of $1,224,237.19 Ratified the accompanying check register.
Golf Check Register Dated December 1, 2023 in the Amount of $6,023.97 Ratified the accompanying check register.
4. General Check Register Dated December 8, 2023 in the Amount of $6,820,805.74 Ratified the accompanying check register.
Golf Check Register Dated December 8, 2023 in the Amount of $265,105.63 Ratified the accompanying check register.
6. Annual Comprehensive Financial Report for the City of Mission Viejo for the Fiscal Year Ended June 30, 2023 and Related Reports
Received and filed.
7. Fiscal Year 2022/23 Mission Viejo Housing Authority Annual Report Received and filed.
City Treasurer's Monthly Report for November 2023
Received and filed.
City Council Minutes 4 January 9, 2024
9. Successor Agency of the Community Development Agency Treasurer's Monthly Report for November 2023
Received and filed.
10. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer's Monthly Report for November 2023
Received and filed
11. Mission Viejo Housing Authority (MVHA) Treasurer's Monthly Report for November 2023
Received and filed.
12. Review and Approval of Recognized Obligation Payment Schedule Enforceable Obligations for the 24-25 A-B Annual Fiscal Period of July 1, 2024 to June 30, 2025 (1) Adopted Successor Agency Resolution 24-01 Approving the Recognized Obligation Payment Schedule 24-25 A-B Enforceable Obligations for the Annual Fiscal Period of July 1, 2024 to June 30, 2025, Subject to Submittal to and Review by the Orange Countywide Oversight Board and by the Department of Finance Under the Division 24, Part 1.85 of the California Health and Safety Code, and Authorizing the Posting and Transmittal Thereof; and (2) further, the Director of Administrative Services, in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s), if any, with the Department of Finance and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by the Department of Finance.
13. Quarterly Financial Report for the City of Mission Viejo - First Quarter 2023-24 Received and filed
14. Project V Local Transit Grant Application
Adopted Resolution 24-01 Approving the Submittal of the Mission Viejo Circulator Application to the Orange County Transportation Authority for Funding under Project V Community Based Transit/Circulators.
15. 2024 Orange County International Triathlon in Mission Viejo Approved the request submitted by Gemini Timing to hold the 2024 Orange County International Triathlon in Mission Viejo on Sunday, April 28, 2024.
16. Proposed Lease Renewal submitted by AT&T Mobility in conjunction with an existing Wireless Telecommunication Facility on a Southern California Edison (SCE) Transmission Tower generally located easterly of Brentwood and Elmwood, on City- owned property at 28340 La Barca in Flamenco Park
City Council Minutes 5 January 9, 2024
Approved and Authorized the City Manager to Execute the Lease Agreement with AT&T Mobility (A24-01).
OLD BUSINESS
17. School Zone Designation along Santa Margarita Parkway Fronting Trabuco Hills High School
Associate Engineer Mario Gutierrez presented the staff report.
Keri Lynn Baert,M.V.; Ethan Chemmanoor, M.V.; and Rohail Ghulamali, M.V.; spoke in favor of the designation of a School Zone along Santa Margarita Parkway between West City limits and Los Alisos Boulevard.
Motion made by Mayor Pro Tem Ruesch, seconded by Council Member Bucknum, to (1) the 2022 Citywide Speed Limit Study to incorporate the school zone designation if approved.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
NEW BUSINESS
18. Memorandum of Understanding Between the City of Mission Viejo and Service Employees International Union Local 721
City Manager Dennis Wilberg presented the staff report.
Motion made by Council Member Bucknum, seconded by Mayor Kelley, to adopt Resolution 24-02 Authorizing the City Manager to Execute the Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union Local 721, effective July 1, 2023 up to and including June 30, 2024; and adopt Resolution 24-03 Amending the City's Salary Schedule to be Effective Retroactive to July 1, 2023.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
City Council Minutes 6 January 9, 2024
19. Municipal Code Amendment on Chapter 3.25 of the Mission Vijc Municipal Code Regarding Transient Occupancy Tax
Director of Administrative Services Cheryl Dyas presented the staff report.
The Council asked various questions regarding the amendment to the Municipal Code.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Ruesch, to introduce Ordinance 24-352 to Amend Chapter 3.25 of the Mission Viejo Municipal Code regarding Transient Occupancy Tax.
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
20. City Council Committees and Regional Board/Committee Representative Appointments and Update Posting of FPPC Form 806 Online Mayor Kelley appointed representatives and alternates (when applicable) to the following regional boards/committees:
Motion made by Mayor Kelley, seconded by Council Member Bucknum to appoint Bob Ruesch to the Orange County Fire Authority Board of Directors.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Motion made by Mayor Kelley, seconded by Council Member Bucknum, to appoint herself to the Transportation Corridor Agencies and Council Member Goodell as alternate.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Mayor Kelley appointed members to the existing City of Mission Viejo Committees:
(a) Standing CUSD Committee - Mayor Kelley and Council Member Vasquez City Council Minutes 7 January 9, 2024
(b) Standing Economic Development Committee - Council Member Goodell and Mayor Pro Tem Ruesch
(C) Mission Viejo Olympics Committee - Council Member Goodell and Council Member Bucknum
(d) Housing Ad Hoc Committee - Mayor Kelley and Council Member Bucknum Mayor Kelley appointed representatives and alternates to the following regional/boards/committees:
(a) California Joint Power Insurance Authority - Council Member Vasquez and Cheryl Dyas as alternate
(b) League of California Cities and Association of California Cities - Mayor Kelley and Mayor Pro Tem Ruesch as alternate
(c) Orange County Council of Governments General Assembly - Council Member Bucknum and Mayor Kelley as alternate
(d) Southern California Association of Governments (SCAG) General Assembly - Mayor Kelley and Council Member Bucknum as alternate
(e) Southern Orange County Watershed Management Area Executive Committee - Council Member Vasquez and Council Member Goodell as alternate
The City Clerk shall update the appointees list as required by law on Form 806 and post that form to the City's website.
CITY ATTORNEY REPORTS
21. Update on SB946 Regarding Street Food Vendors
Received update from Attorney Bill Curley.
COUNCIL MEMBER COMMENTS AND ACTIONS
22. 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 announced that she held a Sober Living Task Force Meeting on December 14 and thanked Supervisor Foley for participating and arranging a meeting space at the County seat. She stated that there is a legislative subcommittee that is looking into potential legislation. She thanked Orange County Register Reporter Terry Forsa for her great job in highlighting the task force along with all the stories that surround it. Council Member Bucknum also thanked the residents for attending these meetings. She was honored to be recognized by the Orange County taxpayers Association as one of the top 125 influential people in the County. She stated she sees herself as a facilitator for this important issue and is honored to lead that charge.
She highlighted events that she attended within the City and encourage residents to attend to the City Council Minutes 8 January 9, 2024
monthly Nigh Market and gave kudos to staff for all their hard work on these events. Lastly, she thanked the City Attorney for setting the record straight these evening after the public comments that were made. She indicated that everyone is entitled to their opinion, but she was voted into office by a significant majority in spite of what was happening so that speaks volumes. She wished everyone a Happy New Year.
Council Member Goodell
Council Member Goodell thanked Mayor Kelley and Mayor Pro Tem Ruesch for helping spread the duties of attending the Eagle Scout Courts of Honor in December. He indicated there were a lot of great projects done and one in particular was an Eagle Scout honored for his project in our City improving one of our parks with split rail fencing. He stated he also attended the Whoville Night Market and was amazed at the turnout. Council Member Goodell agreed that everyone has their opportunity speak their mind but the lawsuits are over, we paid the attorney fees. He sate that the false narrative is really troubling and it's hard to take when sitting on the dais because of the comments. He stressed that the City Attorney did not hoodwink Judge Schwarm. Nothing was hidden or unethical. Lastly, he congratulated Mayor Kelley, and Mayor Pro Tem Ruesch for their first successful meeting of the year and looks forward to supporting their leadership throughout the rest of this year
Council Member Vasquez
Council Member Vasquez shared that she also attended the Whoville Night Market. She hosted an ugly sweater contest with friends and recently returned from Hawaii spending time with family and celebrating her father-in-law's 90 Birthday. Lastly, she asked staff to prepare a report at the next meeting to bring back a youth advisory council. The City Manager stated that it has been discussed and will be on the next meeting under her name so she many provide the Council with her ideas.
Mayor Pro Tem Ruesch
Mayor Pro Tem Ruesch stated that he attended the many holiday events as well. He asked that he attended Troop 787 Eagle Court Honors which is his home troop. He spent 20 years with that troop and although it's been ten years out it was incredible to meet people who he did scouting with and that a few scouts are now scouters. He stated he would do it again in a heartbeat and that representing he City was great. Lastly, he said he is excited for 2024.
Mayor Kelley
Mayor Kelley also attended an Eagle Court of Honor and was pleased to attend and recognize the accomplishments of these young men. She also attended the Mix and Mingle Snow Day at City Hall and the Whoville Night Market along with six of her grandchildren. Mayor Kelley commended staff on pulling off these two events. The turnout was incredible. She raved about the uniqueness of Mission Viejo and how our staff goes above and beyond for our residents. She encourages residents to check out all the events that go on within the City.
City Council Minutes January 9, 2024
ADJOURNMENT AT 9:09 PM TO TUESDAY, JANUARY 23, 2024, AT 5:00 P.M.
Hubert Schmitt
Kimberly Schmitt, City Clerk
Approved at the meeting of January 23, 2024
City Council Minutes 10 January 9, 2024