City Council Minutes 1 September 10, 2024
MISSION VIEJO MINUTES
City Council, Community Development Financing Authority, Successor Agency of the Community Development Agency,
Housing Authority, and Library Board of Trustees*
September 10, 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 September 10, 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 September 6, 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 (arrived at 5:05 pm)
Mayor Kelley
Absent: Mayor Pro Tem Ruesch (left meeting at 6:00 pm)
Staff Present: Elaine Lister, City Manager
Jerry Hill, Assistant City Manager
William P. Curley, City Attorney
Kimberly Schmitt, City Clerk
Renata Winter, Assistant City Clerk
CLOSED SESSION
CS1. Conference with Legal Counsel ~ Anticipated Litigation. Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (2 potential cases)
Cathy Schlicht, M.V.: Outlined the requirements of AB2449 and questioned the legality of Mayor Pro Tem Ruesch teleconferencing in for this meeting.
RECESS TO CLOSED SESSION AND RECONVENE
At the hour of 5:03 pm Mayor Kelly recessed to Closed Session. Mayor Kelley reconvened the meeting at 6:03 pm with four Council Members present and Mayor Pro Tem Ruesch absent.
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REPORT OF CLOSED SESSION
City Attorney Curley reported that the Council was presented facts and circumstances on two potential cases and declined. The City will not be proceeding with any legal action.
INVOCATION: Council Member Goodell
PLEDGE OF ALLEGIANCE: Council Member Vasquez
MAYOR PUBLIC SAFETY UPDATE ON THE ARIPORT FIRE
Received update from Emergency Operations Manager Paul Catsimanes and Fire Chief Cheyne Maule.
PRESENTATIONS
P1. Proclaim September 2024 To Be Hunger Action Month
Presented proclamation to Linda Lewis, Second Harvest Food Bank Ambassador.
P2. Proclaim September 2024 To Be Children’s Emotional Wellness Month Presented proclamation to Amy Betonte.
P3. OCTA I-5 Project Update
Received presentation from Logan Selleck and Niall Barrett from OCTA.
PUBLIC COMMENTS
Valentina Naranjo, M.V.: Introduced herself as the President Emeritus of the Community of Character Committee for Mission Viejo. She introduced the character trait of the month “Responsibility” and outlined examples of living responsibly.
Cathy Schlicht, M.V.: Questioned the legality of Mayor Pro Tem Ruesch teleconferencing from Los Angeles International Airport and outlined Government Code 54953 regarding the Brown Act.
She asked the City Attorney to identify the state statute that Mayor Pro Tem Ruesch is performing his duties under.
CONSENT CALENDAR
Motion made by Council Member Bucknum, seconded by Council Member Goodell, to approve the Consent Calendar outlined below.
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On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Vasquez
NOES: None
ABSENT: Ruesch
1. City Council Minutes
Approved the Minutes for the regular City Council Meeting of August 27, 2024, as presented.
2. General Check Register Dated August 16, 2024, in the Amount of $1,197,910.46 Ratified the accompanying check register.
3. Golf Check Register Dated August 16, 2024, in the Amount of $325,132.51 Ratified the accompanying check register.
4. General Check Register dated August 23, 2024, in the amount of $1,342,184.43 Ratified the accompanying check register.
5. Golf Check Register dated August 23, 2024, in the amount of $172,396.81 Ratified the accompanying check register.
6. City Treasurer’s Monthly Report for July 2024
Received and filed.
7. City Treasurer’s Annual Report for Fiscal Year 2023/24
Received and filed the accompanying City Treasurer's Annual Report for Fiscal Year 2023/24.
8. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for July 2024
Received and filed.
9. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Annual Report for Fiscal Year 2023/24
Received and filed.
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10. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for July 2024 Received and filed the accompanying MVCDFA Treasurer's Annual Report for FY 2023/24.
11. Mission Viejo Housing Authority (MVHA) Treasurer’s Annual Report for Fiscal Year 2023/24.
Received and filed.
12. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for July 2024
Received and filed accompanying MVHA Treasurer's Report for FY 2023/24.
13. Biennial Update of the City of Mission Viejo’s Conflict of Interest Code Adopted Resolution 24-43 Amending the City of Mission Viejo's Conflict of Interest Code.
14. FY 2024/25 Investment Policies
(1) Adopted Resolution 24-44 Approving the City's Investment Policy for FY 2024/25; (2) adopted Housing Authority Resolution 24-03 Approving the Investment Policy for 2024/25; and (3) adopted Community Development Financing Resolution 24- 02 Approving the CDFA Investment Policy for FY 2024/25.
15. 2023 Residential Resurfacing -Asphalt Repairs and Asphalt Overlays (CIP 24838) - Notice of Completion
(1) Certified the completion of and accept the improvements for the subject project; (2) authorize the City Manager to sign the Notice of Completion; (3) authorize the City Clerk to record the Notice of Completion with the County of Orange and to release t he 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) authorize the release of the final retention 35 da ys after the date of recordation of the Notice of Completion.
16. Residential Resurfacing-Slurry Seal (CIP 25838)-Award of Contract
Awarded the construction contract for the subject project to Roy Allan Slurry Seal, Inc., (A24-30) in the amount of $982,690.75.
OLD BUSINESS
17. LOS OSOS Phase I - (CIP 336)
Assistant City Manager Jerry Hill presented the staff report.
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Pam Smith, M.V., and Robert Breton M.V.: Spoke in favor of the project and indicated that the many residents they have spoken with are very excited to see this project start.
Cathy Schlicht, M.V.: Stated that the Vision Plan violates the CC&R’s, and that the public should be aware of the pending lawsuit against these violations with a jury trial date in August 2025. She stressed that all spending should be pause until the outcome of that trial. Accused the Council of putting tax dollars at risk and outlined the spending thus far.
Council Member Vasquez asked what the status was for the environmental assessments.
Assistant City Manager Hill stated that Carlson Strategic filed the notice of exemption for the phase one area and the urban alley, which is everything up to the creek.
Council Member Bucknum asked where the Farmers Market and Night Market will be located during construction.
Assistant City Manager Hill stated that they will be temporarily moved to the City Hall parking lot.
Motion made by Council Member Bucknum, seconded by Mayor Kelley, to (1) approve the Plans and Specifications and authorize staff to advertise bids for Los Osos Phase I-(CIP 336); (2) award a contract for the purchase and installation of a Prefabricated Restroom Building to Public Restroom Company (A24-32) in an amount not to exceed $299,510.00; (3) award a contract for the purchase and installation of the Office/Concession Building to Public Restroom Company (A24-33) in amount not to exceed $805,114.00; (4) approve issuance of Purchase Order for the purchase of Security Lighting Poles to Ameron Pole Products in the amount not to exceed $70,844.00; (5) approve issuance of Purchase Order for purchase of Security Lighting Fixtures and Arms to Linx Lighting and Controls in an amount not to exceed $84,409.10; and (6) approve issuance of Purchase Order for the Main Electrical Switch Gear to CED in an amount not to exceed $67,002.03.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Vasquez
NOES: None
ABSENT: Ruesch
MAYOR’S, COMMISSION, COMMITTEE REPORTS AND ACTIONS
18. Orange County Local Agency Formation Commission (LAFCO) Report Receive written report.
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COUNCIL MEMBER COMMENTS AND ACTIONS
19. 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 apologized for not attending the last meeting. She was visiting family in Hawaii. She stated she had a great summer and mentioned that she had a wonderful time attending the Prelude in the Park and National Night Out with her grandchildren. Council Member Bucknum complimented City Manager Lister on doing a great job this summer. She also pointed out to the residents about the illegal street carts and reminded residents that the Health Department has not certified them. She encouraged residents to please go to the businesses instead of purchasing from these carts which are organized from Los Angeles. The only way to stop them from continuing to come and set up in Mission Viejo is to not purchase from them. Lastly, she invited residents to attend the Patriot Day Ceremony tomorrow at 5:30 pm at the Potocki Trailhead just below the soccer fields.
Council Member Goodell
Council Member Goodell reported that he attended the 30 th Anniversary for the Animal Services
Center and that it was a wonderful event. He also attended a luncheon with the Korean Consul General Wan-Joong Kim in Los Angeles along with Representative Young Kim to discuss our economic and sports tourism programs in our c ity. Lastly, he stated he is looking forward to the Patriots Day event tomorrow.
Council Member Vasquez
Council Member Vasquez stated she was not in attendance at the last meeting due to an illness.
Indicated she has a great summer with the family attending many events including the Wild Rivers ACCOC Annual Roundtable and Reception. She also attended the Symphony in the Park and National Night Out. Council Member Vasquez expressed that we need more face painters at events as that seems to be very popular. Lastly, she mentioned that she donated her hair to an organization called Children with Hair Loss , so if you are interested the website is www.childrenwithhairloss.org
.
Mayor Kelley
Mayor Kelley addressed Council Member Vasquez that the Community of Character Committee will be having more face painting at events. She encouraged residents to continue receive updates on the fire and to keep the firefighters, police, emergency responders, and animal services in your prayers. Mayor Kelley reported that she received a phone call last evening from Congresswoman
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Young Kim asking how Mission Viejo is holding up with the fire. She encouraged residents to attend the Patriot Day Ceremony tomorrow as well as Restaurant Week which is put on by the Chamber of Commerce. She mentioned that she was attending an event earl ier today with the CEO of the Chamber of Commerce and he commented that restaurants in Mission Viejo are struggling, so she encouraged residents to patron our restaurants. Residents can find information on Restaurant week on the chamber of Commerce websit e. Mayor Kelley also attended the 30 th
Anniversary celebration at the Animal Services Center, where items were collected for a time capsule that will be opened in 30 years. On Sunday she attended the Annual Grandparents Day Ceremony at Heritage Point Retirement Home. She also attended a Ribbon Cutting Ceremony for Jovive Wound Care which is a state-of-the-art facility in Mission Viejo. Mayor Kelley attended a dedication ceremony at the Bocce Ball Courts where Anna T. Boyce and Nino Fiorentino were named for two of the courts and two benches. Lastly, she attended the Moulton Niguel Water District’s Public Safety Appreciation Lunch.
ADJOURNMENT
At the hour of 7:37 p.m., with no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting in memory of Senior Corps of Retirees Member Bob Perry to Tuesday, September 24, 2024, at 5:00 p.m.
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Kimberly Schmitt, City Clerk
Approved at the meeting of September 24, 2024