City Council Minutes 1 July 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*
July 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 July 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 July 3, 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. Conference with Legal Counsel - Pending Litigation: Janice Kronik Gath, et. al v.
Mission Viejo OCSC Case No. 30-2024-01376969- CU-MC-CJC and Initiation of Litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:00 Mayor Kelly recessed to Closed Session. Mayor Kelley reconvened the meeting at 6:01 pm with all Council Members present.
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REPORT OF CLOSED SESSION
City Attorney Curley announced that the City Council was updated on CS1., but no reportable action occurred.
INVOCATION: Mayor Pro Tem Ruesch
PLEDGE OF ALLEGIANCE: Council Member Bucknum
PRESENTATIONS
P1. Recognize Assistant City Manager Keith Rattay for His Outstanding Legacy of Service
Mayor Kelley presented proclamation to Assistant City Manager Keith Rattay.
Representatives from Senator Catherine Blakespear, Congresswoman Young Kim, Assemblywoman Kate Sanchez, and Supervisor Don Wagner presented proclamations.
Robert Breton, M.V.: Highlighted Mr. Rattay’s career with the City and congratulated him on his upcoming retirement.
RECESS
At the Hour of 6:58 pm Mayor Kelley called for a recess. Mayor Kelley reconvened the meeting at 7:05 pm with all five Council Members present.
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, Vasquez, and Ruesch
NOES: None
ABSENT: None
1. City Council Minutes
Approved the Minutes for the regular City Council Meeting of June 25, 2024, as presented.
City Council Minutes 3 July 9, 2024
2. General Check Register dated June 14, 2024, in the amount of $1,309,639.94
Ratified the accompanying check register.
3. General Check Register dated June 21, 2024, in the amount of $603,886.34
Ratified the accompanying check register.
4. Golf Check Register dated June 14, 2024, in the amount of $256,481.74
Ratified the accompanying check register.
5. Golf Check Register dated June 21, 2024, in the amount of $29,697.35
Ratified the accompanying check register.
6. City Treasurer’s Monthly Report for May 2024
Received and filed.
7. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for May 2024
Received and filed.
8. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for May 2024 Received and filed.
9. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for May 2024
Received and filed.
10. 2023 Residential Resurfacing-Slurry Seal (CIP 24838)-Notice of Completion
(1) Certified the completion of 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 the Notice of Completion with the County of Orange and to release the faithful performance and payment bonds one year and 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 payment of the final retention 35 days after the date of recordation of the Notice of Completion.
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11. 2024 Residential Resurfacing -Asphalt Repairs and Asphalt Overlays (CIP 25838) - Award of Contract
(1) Adopted Resolution 24 -31 Amending the Fiscal Year 2024/2025 Budget for Costs Related to CIP 25838; and (2) awarded the construction contract for the subject project to All American Asphalt, Inc. (A24-27) in the amount of $4,519,519.00.
12. 2024 Residential Resurfacing (CIP 25838)-Slurry Seal
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
13. La Paz Bridge/Road Widening (CIP 01756)
(1) Authorized the City Manager to approve Construction Contract Change Order 3 with Flatiron West, Inc. in the amount of $885,315; (2) authorized the City Manager to approve the First Amendment with Arcadis U.S., Inc. in the amount of $795,640 for construction management services; and (3) adopted Resolution 24 -32 Amending the Fiscal Year 2024 - 2025 Budget for Costs Related to Capital Improvement Project CIP 01756.
14. Site 3 CEQA Consultant Services
(1) Awarded a Professional Services Consultant Team contract to Psomas (PSCT 24-35); (2) authorized the issuance of a purchase order to Psomas in the amount of $143,436 for Environmental Consultant Services for the subject project; and (3) adopted Resolution 24-33 Amending the Fiscal Year 2023/2024 Budget for Costs Related to the Site 3 Development (Project 21248).
15. Renewed Measure M (M2) Public Works Seven-Year Capital Improvement Program
Adopted Resolution 24 -34 Adopting a Renewed Measure M (M2) Seven-Year Capital Improvement Program (CIP), beginning with the 2024/2025 fiscal year, to satisfy the City's eligibility requirements of the Orange County Measure M Program.
16. MV Shuttle - Contract Amendment 5
(1) Approved the Fifth Amendment with LAZ Parking California, Inc. for the operation of the MV Shuttle; and (2) adopted Resolution 24 -35 Amending the Fiscal Year 2024/2025 Budget for Costs Related to the Operation of the MV Shuttle (Program 225).
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17. Declare the Property Owned by the City of Mission Viejo and the Mission Viejo Housing Authority and Identified as Site 3 in the 2021 -2029 Housing Element of the General Plan as Surplus to Commence the Process of Complying with the Surplus Land Act (SLA) prior to Selling or Leasing the Property. (Government Code§ 54220 et seq.)
Adopted Resolution 24-36 Declaring that the Property Owned by the City of Mission Viejo and the Mission Viejo Housing Authority and Identified as Site 3 in the 2021-2029 Housing Element of the General Plan as Surplus to Commence the Process of Complying with the Surplus Land Act (SLA) Prior to Selling or Leasing the Property (Government Code§ 54220 et seq.)
18. Southern California Association of Governments (SCAG) Support Services
Approved contract with GSL Associates (A24-28) in the amount not to exceed $105,000 to provide Planning Support Services Associated with the Southern California Association of Governments (SCAG) Regional Council, Executive/Administration Committee, Legislative Committee, Policy Committees and Technical Working groups support.
PUBLIC HEARING
19. Proposed Measure to be Submitted to the Voters for Consideration of an Increase in the Transient Occupancy Tax
City Attorney Bill Curley gave a brief report.
Mayor Kelley opened the Public Hearing at 7:11 pm
Michael Schlesinger, M.V.: Shared an editorial from the O.C. Register that expressed the TOT tax should only be raised to 10.4% based on the average of Orange County Cities. He concurs with the editorial.
Cathy Schlicht, M.V.: Criticized the Council on their promotion of a special tax designated for Public Safety and park/street maintenance. Questioned if this measure is not approved will the city be unable to provide public safety and maintenance to the parks and streets? She stated that they are spending too much on their own personal agendas and asked when the public will be informed about the CVS purchase. Lastly, she asked that they stop spending hundreds of thousands of dollars on consultants.
Mayor Kelley Closed the Meeting at 7:15 pm.
Motion made by Council Member Bucknum, seconded by Council Member Goodell, to (1) adopt Resolution 24-37 Calling for the Placement of a Special Tax Measure on the November 5, 2024 General Municipal Election Ballot for the Submission to the Qualified Voters of a Proposed Ordinance Amending the City's Transient Occupancy (Hotel) Tax By Inc reasing the Maximum Rate From 8% to 12% Effective on January 1, 2025; Requesting the County
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Of Orange and the Registrar Of Voters to Consolidate Said Election With the Statewide General Election of November 5, 2024; and Setting Rules and Deadlines for Arguments and Rebuttals for and Against the Measure, and (2) adopt Resolution 24- 38 Amending the FY 2024/2025 Elections Budget for Expenses Related to the November 2024 Transient Occupancy Tax Ballot Measure.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
Mayor Kelley recommended that the Chamber of Commerce write an argument in favor of the TOT measure and the Council agreed by consensus.
NEW BUSINESS
20. Request of Four Homeowners Association Board of Directors to Manage Pest Control by All Authorized Means, Including Firearms
Emergency Operations Manager Paul Catsimanes presented the staff report.
Michael Schlesinger, M.V.: Voiced his support for this item.
Cathy Palmer, M.V.: Asked that the Council look into more humane means of controlling the bunny population.
Motion made by Council Member Bucknum, seconded by Council Member Goodell, to (1) approve the request of Casta Del Sol Homeowners Association for a variance that will allow the association to manage on-site nuisance wildlife by the most humane means possible for the health, safety and welfare of the community; (2) approve the request of Mission Viejo Environmental Association for a variance that will allow the association to manage on- site nuisance wildlife by the most humane means possible for the healt h, safety and welfare of the community; (3) approve the request of Palmia Masters Association for a variance that will allow the association to manage on -site nuisance wildlife by the most humane means possible for the health, safety and welfare of the co mmunity; and (4) approve an extension to the approved variance in effect for Tres Vistas Association that will allow the association to manage on-site nuisance wildlife by the most humane means possible for the health, safety and welfare of the community.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
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MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
21. Transportation Corridor Agencies (TCA) Report
Received written report.
STAFF REPORTS
22. Orange County Fire Authority (OCFA) Update from Fire Chief Maule
Received update.
COUNCIL MEMBER COMMENTS AND ACTIONS
23. 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 thanked the Mission Viejo Activities Committee for their great work at the 4
th of July Street Faire. She stated that the food trucks were busy and there was a good selection. She gave a shout-out to the Chairman. Council Member Bucknum reminded everyone that the Pacific Symphony is August 3 and to check the city’s website, social media, the corner sign to obtain events that will be happening this summer such as the Nigh Market on July 20, concert on the green July 19 and Shakespea re by the Sear on July 26 th. She gave shout -out to
Council Member Goodell who competed in the recent Master Swim Memorial Meet in honor of a wonderful youth named Patrick Moore. Lastly, she wished the residents a fun summer and congratulated Keith Ratty on his retirement.
Council Member Goodell
24. National Olympic Committees Proposed General Agreement
Council Member Goodell gave his report.
Cathy Schlicht, M.V.: Voiced her concerns on the validity of this agreement, the cost to taxpayers and the generous benefits the Netherland athletes will receive competing against our American athletes. She stated that there is no reason for Council Members Goodell and Reusch to attend the Paris Olympics in person other than for selfish reasons which again the taxpayers are funding.
Received input from the Council and received the report.
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Council Member Goodell continued his Council comments by stating that he will continue to have discussions with potential donors with businesses. He announced that the Orange County Sports Commission invited him to be a member of a panel discussion along with two other Olympians at the Paris Bound Anaheim’s Olympic and Paralympic Farewell Fan Fest on Saturday July 13, from 10:30 am to 12:30 pm at the Arctic Center. The featured host will be Elisa Hernandez, NBC Universal Paris 2024 Summer Olympics reporter. He encouraged anyone to attend.
Council Member Vasquez
Council Member Vasquez attended the 4
th of July Street Faire and appreciated the misting tents since it was very hot. She also attended the Sierra Recreation Center Open House and stated it was well attended. Lastly, she commented that over the break that they are in the college visiting stage and will be making the rounds of the UC and CSU universities with their oldest daughter.
Mayor Pro Tem Ruesch
Mayor Pro Tem Ruesch highlighted his tour of the OCSD Real -Time Operations Center. He mentioned the upcoming Concert on the Green performance by Yachty by Nature. Mayor Pro Tem Ruesch also attended the Party of Five Chamber Mixer in Rancho Santa Margarita. Lastly, he gave an update on the mosquito issue in our City but reported that no West Nile, Dengue Fever or Typhus reported. Informed residents to be vigilant and make sure there is proper drainage on your property. Orange County Vector will come out and do an assessment if you have concerns.
Mayor Kelley
Mayor Kelley attended the SCOR Appreciation event as well as the Montanoso Open House. Gave kudos to the recreation staff. She reminded residents that the Sierra Recreation Center pool is open for families every Sunday from noon to 4 pm. Mayor Kelley als o attended the 4 th of July Street
Faire and thanked the Mission Viejo Activities Committee for all their hard work putting this event on every year. Lastly, thanked Keith Rattay for his years of services and wished him the very best on his next chapter of life.
ADJOURNMENT
At the hour of 8:43 p.m., with no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Tuesday, August 27, 2024, at 5:00 p.m.
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Kimberly Schmitt, City Clerk
Approved at the meeting of August 27, 2024