City Council Minutes 1 April 9, 2024
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
April 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 April 9, 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 (teleconferenced into the meeting) Council Member Vasquez (arrived at 5:03 pm)
Mayor Pro Tem Ruesch
Mayor Kelley
Absent: None
Staff Present: Dennis Wilberg, City Manager
Keith Rattay, Assistant City Manager
William P. Curley, City Attorney
Cheryl Dyas, Director of Administrative Services
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.
CS2. Conference with Real Property Negotiators (i) Property: a) CVS - 25272 Marguerite Parkway, Mission Viejo, CA 92692, b) Big Lots - 27142 Marguerite Parkway, Mission Viejo, CA 92692; (ii) Agency Negotiators: Principal and Managing Manager Bradley Schroth, City Manager Dennis Wilberg, Assistant City Manager Keith Rattay, Director of Community Development Elaine Lister, Cit y Attorney William P. Curley, (iii)
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Negotiating Parties: a) The Robert Victor Zakari Living Trust, b)Russell Fluter, (iv) Under Negotiation: Price and terms Relating to Interests in Real Property Including, but not Limited to Imposition of Bylaws; Covenant s, 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
At the hour of 5:02 pm Mayor Kelley recessed the meeting to Closed Session. The City Council reconvened at 6:09 pm with all four City Council Members present with Council Member Goodell teleconferencing into the meeting.
REPORT OF CLOSED SESSION
City Attorney Curley announced that there were two Closed Session Items. CS1 was regarding labor negotiations and the City Council was updated but no reportable action was taken. CS2 was regarding real estate negotiations and the City Council was updated but no reportable ac tion was taken.
INVOCATION: Mayor Pro Tem Ruesch
PLEDGE OF ALLEGIANCE: Council Member Bucknum
Mayor Kelley announced and introduced the new Police Chief Jason Ivins.
PRESENTATIONS
P1. Proclaim April 2024 To Be National Donate Life Month Presented proclamation to OneLegacy Ambassador Leslie Eskildsen.
P2. Recognize Council Member Wendy Bucknum on Being Named Assembly District 71 Woman of the Year by Assemblywoman Kate Sanchez
Mayor Kelley presented certificate of recognition and Anne Figueroa from Assembly Member Kate Sanchez' Office said a few words.
PUBLIC COMMENTS
Robert Breton, M.V.: Congratulated Council Member Bucknum her prestigious honor of Woman of the Year. He recapped her decades of service and devotion to the City.
Mahern Nowrian, M.V.: Spoke about the Community of Character Committee and announced the word of the month is “Service”.
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Stacy Holmes, M.V.: Encouraged the development of the theater project and advocated to the Council to harden the perimeter of events within the City for safety of our citizens at these events.
Stan Jones, Irvine: He urged the Council to consider the CVS building and the not the Big Lots building for the performing arts center.
Michael Schlesinger, M.V.: Voiced concerns about homelessness in the City and the lack of a shelter. He noted that the Supreme Court has decided to determine if homelessness is a crime and asked the Council for their opinion if the Court determines that homelessness is a fact of life and cannot be criminally punished.
Cathy Palmer, M.V.: Gave kudos to the Library Staff and City Council for their support on free expression of ideas and support of all community members.
Cathy Schlicht, M.V.: Asked the City again to not allow the promotion of CBD products at the USA Triathlon. S he questioned why it is okay when the City prohibits retail, storefront and delivery of cannabis businesses.
Tom Moore, M.V.: Congratulated Council Member Bucknum on her award. Voiced his concerns on the conflicts that continue between the City and the commercial property owners and stated that a resolution to this conflict is foundational to the future success of the Core Area Vision Plan and Los Osos Project.
Carlos Pianelli, M.V.: Congratulated Council Member Bucknum on her award. He voiced that he is against the CVS purchase and suggested other sites for a Theater. He stated he is in favor of at theater but to think bigger and bolder on a location.
CONSENT CALENDAR
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 26, 2024, as presented
2. General Check Register Dated March 15, 2024 in the Amount of $1,573,169.20 Ratified the accompanying check register.
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3. General Check Register Dated March 22, 2024 in the Amount of $1,492,322.76 Ratified the accompanying check register.
4. Golf Check Register Dated March 15, 2024 in the Amount of $15,508.23 Ratified the accompanying check register.
5. Golf Check Register Dated March 22, 2024 in the Amount of $95,167.73 Ratified the accompanying check register.
6. City Treasurer’s Monthly Report for February 2024
Received and filed.
7. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for February 2024
Received and filed.
8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for February 2024
Received and filed.
9. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for February 2024
Received and filed.
10. Selection of Independent Auditor for the Fiscal Years Ending June 30, 2024 and June 30, 2025
Awarded a contract to Rogers Anderson Malody & Scott, LLP (A24-13) to serve as the City's Independent Auditors for the Fiscal Years Ending June 30, 2024 and June 30, 2025.
OLD BUSINESS
11. Proposed Oso Creek Parking Structure Cost Estimate and Potential Financing Options
City Manager Dennis Wilberg presented the staff report.
The following spoke on the item:
Michael Schlesinger, M.V.: Asked how you will differentiate between aquatic center attendees versus golfer and restaurant attendees. Voiced concerns that this is going to just be
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for the Nadadores and that only 40% of them are Mission Viejo residents, thus the parking structure will be mostly for non- residents. He questioned the money to be spent on this should go to more pressing needs such as renovating playgrounds or reducing fees for after school activities like Kid’s Factory.
Cathy Schlicht, M.V.: Raised her concerns on the re lationship between the City, PRES Companies, and Brian Goodell. Indicated that people don’t like to pay for parking and will continue to park on the streets and shopping center. She stated all three scenarios include an employee lounge which was not menti oned. Lastly, she stated that there is a difference between the property owner wanting to liquidate their properties versus the tenants that are creating revenue and jobs.
Tom Moore, M.V.: Asked why the Council doesn’t consider putting a s tructure over the existing parking lot. Feels at this point in time the need for this seems over the top.
Council Members asked various questions.
By consensus the City Council received and filed the report.
NEW BUSINESS
12. Project Prioritization Discussion
Director of Administrative Services Cheryl Dyas presented the staff report.
The following spoke on the item:
Cathy Palmer, M.V.: She advocated for the development of Site 3. She stated the benefits of providing more housing for teachers, health care workers, first responders and service sector employees who can’t afford to live in our City. The benefits would include increase in property and sales taxes, along with a reduction in greenhouse gas emissions from long commutes.
Richard Blumenthal, M.V.: He indicated he liked the idea of a Performing Arts Center up the hill on La Paz because the CVS and Big Lots parking lot is too congested.
Shane Ingalls, M.V., Joel Koch, M.V., and Jonathan Noel, M.V.: Spoke in favor of the Cordillera School Project and asked for funding and support in the concept development.
Asked that this be considered.
Cathy Schlicht, M.V.: Raised concerns that future councils will have to balance a budget that will undoubtedly require cuts to programs and services to fund these special interest projects. She pointed out that tens of millions of dollars in district 2. She suggested that the public to vote on these rankings.
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Council Members gave input on the prioritization.
Council asked Director Nix to discuss with S addleback Valley Unified School District to open the gates at Cordillera Elementary School for access to the playground for the neighborhood.
Director Dyas asked that the City Council rank the items in Group 1 and 2.
By consensus the City Council added La Mancha Park to Group 1.
Council Member Vasquez added to Group 2 the Pedestrian Overpass over Marguerite, which is in the original core area vision plan that was discussed at the March 28, 2017 meeting.
Mayor Pro Tem Ruesch asked to call for a vote before we add anything else or to stay with the current list on Group 2.
Motion made by Mayor Pro Tem Ruesch, seconded by Council Member Goodell, to move the previous question and end the discussion.
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 prioritize Group 1 as follows: (1) Site 3, (2) Annual park playground rehabilitations, (3) Sierra Recreation Center rehabilitations, (4) North Oso Creek bike/pedestrian tra il head, (5) Cordillera School Site project, and (6) La Mancha Park; and Group 2 (1) Los Oso, (2) Performing Arts Center, and (3) Golf Course parking structure.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Kelley, Ruesch, and Vasquez
NOES: Goodell
ABSENT: None
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
13. Transportation Corridor Agencies (TCA) Report
Received written report.
14. Orange County Local Agency Formation Commission (LAFCO) Report Received written report.
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15. Orange County Fire Authority (OCFA) Report
Received written report.
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 shared that she attended the Orange County Council of Governments (OCCOG) Assembly. She stated that the housing panel was terrific. Council Member Bucknum pointed out that this was her last official duties because she will not be Chair of OCCOG after this month since there will be a new election. She attended the Lake Day for the Marines and commented that it was a great time and gave special thanks to the Lake for being a great partner.
She also attended the Springtime Jazz with the Brian Watson Quartet at the Potocki Arts Center.
She encouraged residents to attend the Spring into Summer Boutique at the Community Center this Saturday starting at 8:00 a.m. along with Family Arts Day at the Potocki Center . She stated there will be another Subterranean Soundscapes Concert at the Jeronimo Tunnel next Wednesday, along with the Night Market next Friday night and Arbor Day. , she gave thanks for the nice honor this evening.
Council Member Goodell
Council Member Goodell congratulated Council Member Bucknum on being named Woman of the Year.
Council Member Vasquez
Council Member Vasquez attended the Easter event at the North Paseo with her daughter and had a good time. She stated that her Girl Scout Troop finally got to have their Community Cleanup which they partnered with Zero Trash Mission Viejo. It was pretty well attended and for those that are not aware, they do a clean -up on the first Saturday of the Month in Mission Viejo. They meet either at the Kershaw Garden, or by the Ralphs off Santa Margarita and Marguerite around 10 a.m. Council Member Vasquez also went to the Farmers Market on their way to the Lake Day for the Marines, where her youngest daughter got to ride the mechanical bull. She shared that she is training for a 5K with her oldest daughter and they will participate in the Super hero Run in Irvine at the end of this month.
Mayor Pro Tem Ruesch
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Mayor Pro Tem Ruesch highlighted his visit to the Grand Opening of Matregenix. He stated that his company is on the cutting edge of nanotechnology. He explained that if someone lost their esophagus to cancer with nanotechnology this company can create a structure and implant it back in you and cells will attach to create a new esophagus and then it then dissolves. Mayor Pro Tem is honored that they chose Mission Viejo for their business location.
Mayor Kelley
Mayor Kelley also attended the Easter Event at Los Osos with her five grandchildren and gave kudos to staff for putting these events on and organizing them with fun things that we can bring our families to. She again congratulated Council Member Bucknum on her award for Woman of the Year. Mayor Kelley commended the Marine Adoption Committee for their work at the Lake Day for the Marines. There were lots of activities for the children. She heard feedback from the Marine families thanking the City for providing this event. Mayor Kelley also attended the Orange County Council of Governments Conference with Council Member Bucknum. She announced that there will be an upcoming Youth Narcan Training on April 15 at 4:30 in the Council Chamber for youth 12 and older, as well as their parents. Attendees will receive a free Narcan kit. This event is sponsored by the City and Leslie McDonald is doing a fantastic job in organizing these events.
The Mission Viejo Police Services is also a major contributor to this event, along with the Community of Character Youth Committee as a co -sponsor. She stated you will need to register for this event and space is limited.
ADJOURNMENT
At the hour of 9:56 p.m., with no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting in memory of Dr. Thomas Shaver , to Tuesday, April 23, 2024, at 5:00 p.m.
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Kimberly Schmitt, City Clerk
Approved at the meeting of April 23, 2024