City Council Minutes 1 May 14, 2024
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
May 14, 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 5:01 p.m., on May 14, 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 May 9, 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
Cheryl Dyas, Director of Administrative Services
Kimberly Schmitt, City Clerk
CLOSED SESSION
CS1. Public Employee Appointment/Public Employment: City Manager
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:01 pm Mayor Kelley recessed the meeting to Closed Session. Mayor Kelley reconvened the meeting at 6:03 pm with all five Council Members present.
REPORT OF CLOSED SESSION
City Attorney Curley announced there was no reportable action and that the Council gave direction and will follow up as directed.
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INVOCATION: Council Member Goodell
PLEDGE OF ALLEGIANCE: Mayor Kelley
PRESENTATIONS
P1. Presentation by True North Research on the results from the Community Survey Received presentation from President of True North Research Timothy McLarney.
Larry Gilbert, M.V.: Recapped current and former Council Members that vowed to not raise any kind of taxes. Criticized Mayor Kelley’s integrity and stated that the voters in 2004 rejected Measure K.
Cathy Schlicht, M.V.: Questioned the survey and the questions that were asked seemed skewed. Asked why the public was no asked if they would prefer a special tax for a specific purpose or a general tax not assigned to any purpose. Pointed out that reserves are up and that the problem is not revenue it’s a spending problem.
Mayor Kelley clarified that the City Council is not promoting a tax increase, but is considering whether or not to put it on the ballot to let the voters decide on a tax on a hotel bed tax.
By consensus the City Council asked staff to bring back a report with more information on on a transient occupancy tax increase and whether a measure should be placed on the November ballot.
P2. Emergency Repairs to the Metropolitan Water District Allen-McColloch Pipeline
Received presentation from Denise Allen, Project Manager with Metropolitan Water District.
PUBLIC COMMENTS
Cathy Schlicht, M.V.: Pointed out that the Consultant admitted that the survey was geared to win at the ballot box. She stated that the City’s reserves are strong and the quality of life is superior.
She quoted form Council Member Ledesma from 2004 in opposition to Council Member Kelley’s support of the bed tax. She asked the Council to stop misleading the public with questions for a desired result.
Cathy Palmer, M.V.: Favors the transient occupancy tax and voiced concerns on Airbnb’s in the City. She questioned if it is possible to have an even higher rate of taxation on these homes, because with the shortage of housing in Mission Viejo families are impacted with not being able to buy homes and live in neighborhoods.
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Michelle O’Brien, M.V.: Thanked the City for allowing t he Elks Lodge to hold a booth at the Earth Day Event. She stated that she enjoyed the BMX Por Rider event. She thanked staff or organizing the incredible events throughout the City. Lastly, she suggested that Metropolitan Water District communicate with the school to inform them of the construction to inform parents of traffic delays.
CONSENT CALENDAR
Motion made by Mayor Pro Tem Ruesch, 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 April 23, 2024, as presented.
2. General Check Register Dated April 12, 2024 in the Amount of $765,592.43 ratified the accompanying check register.
3. General Check Register Dated April 19, 2024 in the Amount of $3,359,238.13 ratified the accompanying check register.
4. General Check Register Dated April 26, 2024 in the Amount of $547,284.93 ratified the accompanying check register.
5. Golf Check Register Dated April 12, 2024 in the Amount of $19,404.48 ratified the accompanying check register.
6. Golf Check Register Dated April 19, 2024 in the Amount of $268,478.71 ratified the accompanying check register.
7. Golf Check Register Dated April 26, 2024 in the Amount of $2,670.71 ratified the accompanying check register.
8. Fiscal Year 2024/25 Senate Bill 1 Road Repair and Accountability Act
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adopted Resolution 24-17 Adopting a List of Projects for Fiscal Year 2024/25 Funded by Senate Bill 1: The Road Repair and Accountability Act of 2017.
9. 2024 Residential Resurfacing-Asphalt Repairs and Asphalt Overlays (CIP 25838)
approved the bid specifications, subject to minor revisions required by the City Engineer, and authorize staff to advertise for construction bids for the subject project.
10. Library Roof Replacement/Repair Project - (CIP 335) - Notice of Completion
(1) certified the completion and accept the improvements for the subject project; (2) authorized the City Manager to sign the Notice of Completion; (3) authorized the City Clerk to record Notice of Completion with the County of Orange and to release the Payment Bonds one year and thirty-five (35) days respectively, after the date of recordation of the Notice of Completion contingent upon no claims or liens being filed with the City; and (4) authorized the payment of the final retention of $17,750.00, thirty-five (35) days after the date of recordation of the Notice of Completion.
11. Designation of Positions as Authorized Agents to Apply for Federal and State Financial Assistance
(1) adopted Resolution 24-18 Authorizing Certain Positions to Act as Agents for the Purpose of Obtaining Federal Financial Assistance and/or State Financial Assistance for Federal Fiscal Year 2023 as part of the Emergency Management Performance Grant Program; and (2) adopted Resolutions 24-19 Authorizing Certain Positions to Act as Agents for the Purpose of Obtaining Federal Financial Assistance and/or State Financial Assistance for Federal Fiscal Year 2024 as part of the Emergency Management Performance Grant Program.
PUBLIC HEARINGS
12. Amendment to Specific Fees for Animal Services, Oso Creek Golf Course and Recreation Programs
Director of Administrative Services Cheryl Dyas presented the staff report.
Mayor Kelley opened and closed the Public Hearing at 7:19 pm as there were not requests to speak on this item.
Motion made by Council Member Bucknum, seconded by Mayor Kelley, to adopt Resolution 24-20 Amending Specific Fees for Animal Services, Oso Creek Golf Course and Recreation Programs with the non-resident golf fees increased by eight dollars.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
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ABSENT: None
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
13. Orange County Local Agency Formation Commission (LAFCO) Report Received written report.
CITY MANAGER REPORTS
14. City Delegation for Meeting with the Dutch National Olympic Committee During the 2024 Olympic Games
City Manager Dennis Wilberg presented the staff report.
Cathy Schlicht, M.V.: Criticized the Council for lack of transparency pertaining to the memorandum of understanding with the Netherlands. She voiced her concerns on the three public officials attending the Paris games on taxpayer money.
Council Member Vasquez expressed concerns about a conflict of interest of accepting gi fts from a foreign entity and that there is no budget on the cost of this travel.
Council Member Bucknum asked for a formalized budget for economic development related to sports tourism in the next budget cycl e and for the City Attorney to address if th ere is a potential conflict of interest. She asked for a summary of the costs for the trips.
City Attorney Curley clarified that State Law anticipates that foreign nations will gift to cities and that there are specialized forms that the State has created for reporting.
Council Member Goodell clarified that he represents the City on the Orange County Sports Commission and doesn’t see a conflict of interest.
Motion made by Council Member Bucknum, seconded by Council Member Goodell, to ratify City delegation of three representatives, Mayor Pro Tem Ruesch, Council Member Goodell, and Director of Recreation and Community Services Mark Nix to meet with the Dutch NOC at the 2024 Olympic Games.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
COUNCIL MEMBER COMMENTS AND ACTIONS
15. Council Member Reports of Events and Activities Attended ~ AB1234
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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 AB3093 is a gut and amend bill to de -certify al l housing elements for the sixth cycle, by introducing two new income levels for which we need to specify the zoning and planning for housing. This will require cities to amend their current housing elements. She stated that it imposes streamlined permitting where builders can do whatever they choose without any oversight from the City. This will put us in an uncertified situation until approval again. She commented that this is an effort to move the goal post after the fact, to allow construction throughout the State. She is alerted residents to s how up in Sacramento and to start thinking about this because City Hall will be making no decisions. This Bill is backed By Governor Newsom. Council attended the following events: La Paz International Festival and Marketplace at La Paz Middle School, the O.C. Triathlon and Duathl on, Mission Viejo Girls Softball end of season parade, Star Wars Day event, and the BMX event. She pointed out that there are Bike Ambassadors who are volunteers that ride the trail to remind those on bikes the rules of the trail. Her daughter and family visited for Mother’s Day and her daughter was so impressed with all the activities the City hosts for families and kids.
Council Member Goodell
Council Member Goodell attended the 2024 Orange County Sheriff Department Medal of Valor Luncheon with several colleagues at the Anaheim Hilton. This amazing ceremony is to honor our men and women in green who protect out City and our County. He indicated that the crowning jewel of this award ceremony was unfortunately the shooting incident at Cook’s Corner which a number of officers were honored. Council Member Goodell was proud of the amazing men and women that were honored. He attend ed the OC Triathlon and Duathlon, and an Orange County Sports Council Speaker Series Event in Laguna Beach at the Rivian Theater, which is the old cinema on Coast Highway. He indicated that they have free movies twice a week on Wednesday and Saturday evenings. The cinema is sponsored by car company Rivian which is an electric car company that makes trucks and off -road vehicles. The event was celebrating women in leading roles in both professional and amateur sports. Council Member Goodell attended the chamber of Commerce Party of Five Mixer, and would have liked to attend the La Paz Intermediate Festival which was his intermediate school growing up, but had conflicting events to attend. Lastly, he said he is looking forward to Summer and all the wonderful things that are coming our way.
Council Member Vasquez
Council Member Vasquez attended the Splash into Summer Event where her youngest daughter did the swim test and earned a band. She attended the Providence Mission Hospital briefing and tour to learn more about the improvements and the new tower that will be going up within the next few years. Council Member stated she went to the Santa Margarita Water District Festival which had a lot of booths showing kids all things water related and creating your own worm farm which she did. She attended Star Wars Day and was very impressed with the turnout. Council Member Vasquez stopped by Purse Palooza where she had the honor of pulling the winners for the raffles,
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which included Council Member Bucknum and Commissioner Pam Smith. She attended the Cinco de Mayo Celebration at the golf course and that was very well attended and the music was great.
Lastly, she attended The Hanky Hop at Carl Hanky Elementary School and said that was a very impressive event that had a vintage car show, carnival games, bounce houses, and a cake walk.
Mayor Pro Tem Ruesch
Mayor Pro Tem Ruesch stated that his first business was raising worms, in reference to Council Member Vasquez’ worm farm. He believes that over time things can change and what was twenty- two years ago might be different today. He indicated that the City reserves are ample now. Mayor Pro Tem Ruesch had the honor of representing the City at the Nation Day of Prayer Event, where the Pastor of his church happened to be the person who prayed for all of us and our governance and the things that we have to deal with and to protect us. He said it was very humbling. He attended the ACCOC Award Ceremony where out City Manager Dennis Wilberg received City Manager of the Year, and Council Member Bucknum received an award for Community safety and Resilience and Excellence for her Sober L iving Task Force. Lastly, he commented on the helmet he earned by participating in the Fire Ops with Orange County Fire Authority and the tasks he had to perform to earn it.
Mayor Kelley
Mayor Kelley stated she attended almost everything that her colleagues attended. She elaborated on the Medal of Valor Award event that was held on April 25, and commended six Mission Viejo Deputies who were honored and sated that they will be recognized at the next City Council Meeting. She announced Deputy Casey Briggs , Deputy Stacy Cole, and Deputy Cassie Jacobs received the life-saving medal for the Amazon stabbing back in November 2023. Deputies Jesus Carrasco, Juan Contreras, and Brandon Espinoza received Medals of Valor for the mass shooting at Cook’s Corner in August 2023. Mayor Kelley attended the O.C. Forum on April 26 and both her and Council Member Bucknum attended the La Pas International Festival. She also attended the Mission Hospital briefing on April 29 with C hief Executive Seth Teigen, SCAG Conference in Palm Desert, Mission Viejo Girls Softball end of the season parade, Purse Palooza, Splash into Summer, Santa Margarita Water District Festival, the Bike Safety Expo, and the BMX Bike Event.
Lastly, she closed with reading the names of schools, teachers, and students who received awards for the past school year.
ADJOURNMENT
At the hour of 8:26 p.m., with no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Tuesday, May 28, 2024, at 5:00 p.m.
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Kimberly Schmitt, City Clerk
Approved at the meeting of May 28, 2024