City Council Minutes 1 March 26, 2024
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
March 26, 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 March 26, 2024, 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 March 21, 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
William P. Curley, City Attorney
Kimberly Schmitt, City Clerk
Renata Winter, Assistant City Clerk
CLOSED SESSION
CS1. 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.
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:02pm Mayor Kelley recessed the meeting to Closed Session. Mayor Kelley reconvened the meeting at 6:06pm with all five Council Members present.
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REPORT OF CLOSED SESSION
City Attorney Bill Curley stated the City Council received an update on Labor Negotiations, and gave direction. No reportable action was taken.
INVOCATION: Council Member Vasquez
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Ruesch
PRESENTATIONS
P1. Recognize Carl Hankey Middle School, La Paz Intermediate School, and Mission Viejo High School for Being Chosen by the California Department of Education as a 2024 California Distinguished
School for Academic Excellence and Outstanding Student
Achievement
Mayor Kelley p resented proclamations to Principal Dana Aguilera, Principal Tiffany Harville, and Principal Tricia Osborne.
P2. Recognize Bathgate Elementary School Principal Natalie Odebunmi for Being Selected as Elementary School Administrator of the Year
Mayor Kelley presented certificate of commendation to School Principal Natalie Odebunmi.
Mayor Kelley announced that she will be taking City Manager Reports (item 19 Performing Arts Theater Feasibility Study and item 20 Mission Viejo Library Display Schedule and Modifications to Library Conduct Polic y) out of order following the Consent Calendar.
PUBLIC COMMENTS
Steve Bell, San Clemente: Spoke on Relay For Life, and its worldwide impact bringing awareness to cancer. He invited everyone to attend the Relay for Life Kick-off on Tuesday, April 16, from 6-8pm at the Leonard Cancer Institute at Providence Mission Hospital, and stated the event itself shall take place on Saturday, September 21, from 1-9pm on the Village Green.
Michelle O’Brien, M.V.: Thanked Council for attending the Elks Lodge G rand Re-opening Ribbon Cutting Ceremony, Mayor Pro Tem Ruesch and Council Member Bucknum for judging and participating in the Mac & Cheese Throwdown Fundraiser , and Chief McDonald and his staff for hosting a very informative N eighborhood Watch event. She c oncluded by stating Elks Lodge is looking forward to participating in the upcoming Arbor Day/Earth Day City Event.
Cathy Schlicht, M.V.: Criticized Council Member Goodell for not addressing her concerns raised at the March 12, Council Meeting. Questioned, how the Council can justify spending fifty thousand dollars on the USA T riathlon, and s hared some highlights from the 2019 Nadadores S wim Meet reports estimating sales tax returns received by the City. Lastly, she asked the Council how much spending is required in order to see a return on the $50k.
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Jill Schindler, M.V.: Posed a question pertaining to agenda item 9 ~ Exemption from the California Surplus Land Act on the City-Owned Property on the consent calendar and her confusion concerning deed restrictions.
Ed Maurer, M.V.: Spoke on the Climate Change Mitigation PowerPoint presentation at the February 27, Council Meeting. He would like to see a report on the City’s progress towards the implementation of the Sustainability Action Plan (SAP ) and suggested the City take three steps , which he outlined, in order to reduce the Greenhouse Gas (GHG) Emissions in Mission Viejo.
Kim Carr, Laguna Hills: Invited the City Council and all residents to attend the Laguna Hills District Office Open House on Friday, April 12, from 4-6pm with Senator Catherine Blakespear.
Tom Moore, M.V.: Referred to item 13 ~ The Mid -Year Budget Review for FY 2023 -24 from the previous Council Meeting. He stated the majority of Council seemed disinterested, especially the Council Member representing his district, District 2, and he expects more from his representative.
CONSENT CALENDAR
Items 8, 9 and 12 were removed from the Consent Calendar for separate consideration.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Ruesch , 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 March 12, 2024, as presented.
2. General Check Register dated March 1, 2024 in the amount of $2,570,778.00
Ratified the accompanying check register.
3. General Check Register Dated March 8, 2024 in the Amount of $1,699,373.98
Ratified the accompanying check register.
4. Golf Check Register dated March 1, 2024 in the amount of $60,990.73
Ratified the accompanying check register.
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5. Golf Check Register Dated March 8, 2024 in the Amount of $250,700.48
Ratified the accompanying check register.
6. Quarterly Financial Report for the City of Mission Viejo - Second Quarter 2023-24
Received and filed.
7. General Plan Progress Report for 2023
Received report and directed staff to submit it to the State Office of Planning and Research (OPR) and state Housing and Community Development (HCD) by April 1, 2024.
10. Annual Landscape and Irrigation Supplies
Approved the Eighth Amendment with SiteOne Landscape Supply for the subject services in an amount not to exceed $150,000.00.
11. Annual Routine Monthly Landscape Maintenance - Contract Area 3
Approved the Fifth Amendment with Nieves Landscape, Inc. for the subject services in an amount not to exceed $175,000.00.
ITEMS REMOVED FROM THE CONSENT CALENDAR
8. Environmental Consulting Services with Carlson Strategic Land Solutions
Director of Community Development Elaine Lister presented the staff report.
Council Members asked various questions and gave comments.
Motion made by Council Member Vasquez, seconded by Council Member Bucknum , to authorize City Manager to execute an Agreement with Carlson Strategic Land Solutions for Environmental (California Environmental Quality Act) Consulting Services in Conjunction with a Future Overlay Zone Change and General Plan Amendment for $110,185.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch and Vasquez
NOES: None
ABSENT: None
9. Exemption from the California Surplus Land Act on the City-Owned Property Located at 25282 Marguerite Parkway, Mission Viejo, in the Village Shopping Center
Director of Community Development Elaine Lister presented the staff report.
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Cathy Schlicht, M.V.: Questioned the Council on their intent of selling the Stein Mart building in the future, settling the pending lawsuit brought on by the City’s violation of the CC&R’s, and making payment on the one hundred thousand plus dollars past due association fees
Council Members asked various questions and gave comments.
Motion made by Council Member Bucknum, seconded by Mayor Pro Tem Ruesch, to adopt Resolution 24- 13 declaring that the c ity-owned property located at 25282 Marguerite Parkway, Mission Viejo, in the Village Shopping Center is Exempt from the California Surplus Land Act because of Preexisting Deed Restrictions pursuant to Government Code Sections 54220-54234.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch and Vasquez
NOES: None
ABSENT: None
12. Annual Routine Tree Trimming Contract
Director of Public Works Jerry Hill presented the staff report.
Cathy Schlicht, M.V.: Stated it is time the City went out to bid for these services.
Council Members asked various questions and gave comments.
Motion made by Council Member Bucknum, seconded by Council Member Goodell, to approve the Thirty-First Amendment with West Coast Arborists, Inc. for the subject services in an amount not to exceed $150,000.00.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch and Vasquez
NOES: None
ABSENT: None
CITY MANAGER REPORTS (Taken Out of Order)
19. Performing Arts Theater Feasibility Study
Director of Library and Cultural Services Genesis Hansen presented the staff report.
Tom Moore, M.V.: Referred to the seating capacity of performing arts/theatres in surrounding cities. Shared his concerns of the Core Area and Stein Mart Building, which he initially supported. Suggested the City utilize this existing building instead of purchasing another building or partner with Saddleback College. He concluded by stating Mission Viejo has
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always been a s ports community and now all of a sudden it wants to become an art community.
Cathy Schlicht, M.V.: Raised concerns and questions pertaining to the priority spending list, the $15 million-dollar parking lot structure, the pending CC&R lawsuit, city consultants, public surveys, decrease in sales tax , the purchase of the CVS building , and lastly, she questioned the Council on the financials to justify this.
Cathy Palmer, M.V.: State d she supports theatre; however, she does have a few concerns with regards to funding, clarification of sales tax revenue and property tax, and how it impacts the City. She suggested exploring the use of the empty Michaels building and requested the Council proceed with a detailed analysis of fundraising capacity.
Joshua Vecchione, M.V.: Thanked the Council for seeing the value of a community theatre and for hiring consultants TheatreDNA. He spoke in favor of the theatre, mentioned the newly formed Mission Viejo Friends of the Performing Arts, and i ntroduced some of the South County Performing Arts students in the audience who then performed a beautiful song.
Helen Maurer, M.V.: Spoke of climate change. She stated she enjoys theater; however, she urged the Council to pour their time and money into updating the sustainably action plan and take steps to mitigate the effects of climate change.
Larry Gilbert, M.V.: Stated he is not opposed to the performing arts, and asked if the Council had considered the now closed Osh Building as an option. He mentioned the CC&R’s and a workshop that took place in 2007 to address Village Center. Lastly, he stated neither the cost of building a new center, or purchasing CVS or Big Lots has been disclosed.
Judy Bullockus, M.V.: Thanked Director Hansen for her presentation, and also Mayor Pro Tem Ruesch for resurrecting the original Master Plan which was presented in 2016.
Mentioned the Potocki Center for the Arts is a productive center, however, lacking in space.
She concluded by stating, Mission Viejo is a sports minded community with many Olympians but also longing for a place for youth to perform, and if not now, when.
John Huntington, M.V.: Spoke in support of the performing arts and s uggested the Ci ty establish a municipal art theatre with volunteers. He stated this would provide an interim for young performers between educational facilities and their pursuit of the professional world , just as Mission Viejo has provided for its athletes.
Robert Breton, M.V.: Thanked residents for their support of a community theater, as reflected in surveys. He stated providing and promoting a community theatre, offering live performances and opportunities for the youth, would fill a void, as the C ity is rich in
athleticism and arts poor. He concluded by adding, a theatre will be an economic stimulus for the Village Center, and asked that the Council approve the recommended action.
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Jill Schindler, M.V.: Spoke in favor of the arts, and agreed it is critical to support the arts and students, however, she shared her concern of how the City is going to pay for this. She also raised the issue if CVS is eliminated, where do residents go for their pharmaceutical needs.
Lastly, she questioned how can residents support this feasibility study without knowing the cost.
Council Members asked various questions and gave comments.
Council Member Vasquez asked to bifurcate the recommended action. By consensus the City Council agreed.
Motion made by Council Member Goodell, seconded by Mayor Kelley, to consider pursuing purchase and sales agreement for the CVS property or the Big Lots property.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley and Ruesch
NOES: Vasquez
ABSENT: None
Motion made by Mayor Kelley, seconded by Council Member Bucknum, to receive and file the final report submitted by TheatreDNA including (a) research and community engagement process; (b) market analysis and benchmarking; (c) needs assessment and space util ization; (d) site selection and space program; (e) cost estimation; (f) business and operations planning; and, should Council wish to proceed with developing a Performing Arts facility.
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 Mayor Pro Tem Ruesch , to authorize staff to issue an RFP for a Fundraising Feasibility Study to evaluate capacity within the Mission Viejo community to raise funds for the recommended facility and explore other funding avenues available to the City.
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 Mayor Pro Tem Ruesch , to commissioned TheatreDNA to prepare a conceptual floor plan and analysis of phased implementation based on more detailed analysis of the architecture of the CVS and/or Big Lots building (s).
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City Manager Wilberg clarified that we first need to get a proposal which would then come back to the Council for approval, budget amendment and award of a contract, in order to know the cost for the scope of work.
Mayor Kelley amended her original motion.
Council Members asked various questions and gave comments.
Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ruesch, for TheatreDNA to return to the City Council with the cost of preparing a conceptual floor plan and analysis.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch and Vasquez
NOES: None
ABSENT: None
RECCESS 9:36pm – 9:47pm
OLD BUSINESS
13. Site C Amendment of Cooperation, Purchase and Sales Agreement and Promissory Note
Director of Public Works Mark Chagnon presented the staff report.
Council Members asked various questions and gave comments.
Motion made by Mayor Pro Tem Ruesch, seconded by Council Member Bucknum , to approve the First Amendment to the Cooperation, Purchase and Sale Agreement between the City and the Mission Viejo Housing Authority (MVHA) and First Amendment to Promissory Note e
xecuted by the MVHA in favor of the City both dated as of May 18, 2015, and necessary implementing actions and quitclaim deed(s).
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch and Vasquez
NOES: None
ABSENT: None
14. La Paz Bridge/Road Widening (CIP 01756)
Director of Public Works Mark Chagnon presented the staff report.
Motion made by Council Member Goodell, seconded by Mayor Kelley, to (1) authorize the
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City Manager to approve Amendment 2 to the Construction and Maintenance Agreement with the Southern California Regional Rail Authority; (2) authorize the City Manager to approve Construction Contract Change Order 2 to Flatiron West, Inc. in th e amount of
$1,196,550; and (3) adopt Resolution 24- 14 Amending the Fiscal Year 2023–2024 Budget for Costs Related to Capital Improvement Project CIP 01756.
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
15. Southern California Association of Governments (SCAG) Report
Item deferred to April 9, 2024 Meeting.
16. Transportation Corridor Agencies (TCA) Report
Item deferred to April 9, 2024 Meeting.
17. Orange County Local Agency Formation Commission (LAFCO) Report
Item deferred to April 9, 2024 Meeting.
STAFF REPORTS
18. Orange County Sheriff's Department (OCSD) Update from Chief McDonald
Chief of Police Chris McDonald spoke of the successful Neighborhood Watch Program, the South American theft group burglaries and encouraged residents to be vigilant and turn on their house alarm systems . He mentioned an uptick in distracted theft, and how OCSD partnered with Trader Joe spreading the word on crime prevention. He was also pleased to share that catalytic converter theft is down. Lastly, he announced that he is moving to a new position at Real Time Operations Center and expressed his gratitude to t he City Council, Dennis, and Keith for the opportunity of serving the residents of Mission Viejo, working with such dedicated staff, and thanked everyone for making him feel welcome and appreciated.
CITY MANAGER REPORTS (Continued)
20. Mission Viejo Library Display Schedule and Modifications to Library Conduct Policy
Item deferred to a future Meeting.
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COUNCIL MEMBER COMMENTS AND ACTIONS
21. 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 shared that she attended the Subterranean Soundscapes Reggae Night and encouraged all to attend the next concert in April. She concluded by reading a reference from Colossians 3:12 and wished Happy Easter and Spring celebrations to all.
Council Member Goodell
Council Member Goodell stated he attended the Orange County Islamic Foundation dinner and celebration of interfaith last night together with three of his fellow Council Members.
Council Member Vasquez
Council Member Vasquez stated she also attended the Orange County Islamic Foundation dinner.
Mayor Pro Tem Ruesch
Mayor Pro Tem Ruesch announced he visited the Real Time Operations Center to which the City is losing Chief of Police Chris McDonald. He shared four photographs from the Konrad Reuland Charity Tennis and Pickleball Event, w here staff and players went to great effort to keep the courts dry in order for the tournament to continue. Lastly, he stated he ate three different corned beef and cabbage dinners on St. Patrick’s Day, with the best one being at the Terrance on the Green.
Mayor Kelley
Mayor Kelley congratulated Council Member Bucknum for being recognized by Assembly Member Kate Sanchez as her pick for Woman of the Year , at the Women’s Business Conference on Friday, March 22. A huge honor and well deserved. She also attended the fundraising dinner and the Konrad Reuland Charity Tennis and Pickleball Events, both very successful despite the rain.
ADJOURNMENT AT 10:21 PM TO TUESDAY April 9, 2024 at 5:00 PM.
______________________________________
Renata Winter, Assistant City Clerk
Approved at the meeting of April 9, 2024