City Council Minutes 1 December 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*
December 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 5:01 p.m., on December 10, 2024, at 200 Civic Center, Mission Viejo, California.
A complete copy of the agenda for the meeting containing all items as shown herein was posted by 5:00 p.m. on December 5, 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: Elaine Lister, City Manager
Jerry Hill, 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 Elaine Lister.
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 6:00 pm with all five City Council Members present.
City Council Minutes 2 December 10, 2024
REPORT OF CLOSED SESSION
City Attorney Curley announced that the Council was updated, but no reportable actions occurred.
INVOCATION: Council Member Vasquez
PLEDGE OF ALLEGIANCE: Council Member Goodell
PRESENTATIONS
P1. Assemblywoman Kate Sanchez to Recognize Jack Kelley as Veteran of the Year Received presentation.
P2. Adopted Headquarters Battalion of the 1st Marine Division Quarterly Recognition
Mayor Kelley presented certificates to the "Marine of the Quarter" Corporal Nicholas Hronek and "Non-Commissioned Officer of the Quarter" Sergeant Angel BustosHernandez .
P3. State of the City
Received presentation.
PUBLIC COMMENTS
Tom Moore, M.V.: Voiced his concerns of the core area and the La Paz Road Widening projects.
CONSENT CALENDAR
Item #14 was 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 November 12, 2024, as presented.
City Council Minutes 3 December 10, 2024
2. Official Results of the November 5, 2024, General Municipal Election
Adopted Resolution 24 -55 Reciting the Fact of the General Municipal Election Held on November 5, 2024, Declaring the Result and Such Other Matters as Provided by Law.
3. General Check Register Dated November 1, 2024, in the Amount of $1,288,153.98 Ratified the accompanying check register.
4. General Check Register Dated November 8, 2024, in the Amount of $3,054,710.98
Ratified the accompanying check register.
5. General Check Register Dated November 15, 2024, in the Amount of $1,764,518.52 Ratified the accompanying check register.
6. Golf Check Register Dated November 1, 2024, in the Amount of $92,012.40
Ratified the accompanying check register.
7. Golf Check Register Dated November 8, 2024, in the Amount of $389,339.66 Ratified the accompanying check register.
8. Golf Check Register Dated November 15, 2024, in the Amount of $15,482.67 Ratified the accompanying check register.
9. Annual Measure M2 Expenditure Report for Fiscal Year Ended June 30, 2024
Approved Resolution 24-56 Adopting the Measure M2 Expenditure Report for the City of Mission Viejo.
10. City Treasurer’s Monthly Report for October 2024
Received and filed.
11. Mission Viejo Housing Authority (MVHA) Treasurer’s Monthly Report for October 2024
Received and filed.
City Council Minutes 4 December 10, 2024
12. Mission Viejo Community Development Financing Authority (MVCDFA) Treasurer’s Monthly Report for October 2024
Received and filed.
13. Successor Agency of the Community Development Agency Treasurer’s Monthly Report for October 2024
Received and filed.
15. Oso Viejo Park Play Area Resilient Surfacing Renovation and Surface Repairs at Various Parks
(1) Awarded a contract to Robertson Industries, Inc. (A24 -35) for the Oso Viejo Park Play Area Resilient Surfacing Renovation and Surface Repairs at Various Parks in an amount not to exceed $130,933.00, and (2) issued a purchase order to Robertson Industries, Inc. for an amount not to exceed $130,933.00.
16. Fiscal Year 2023/24 Mission Viejo Housing Authority Annual Report Received and filed.
17. Annual Comprehensive Financial Report for the City of Mission Viejo for the Fiscal Year Ended June 30, 2024, and Related Reports
Received and filed.
18. Review and Approval of Recognized Obligation Payment Schedule Enforceable Obligations for the 25-26 A-B Annual Fiscal Period of July 1, 2025, to June 30, 2026
(1) Adopted Successor Agency Resolution 24 -02 Approving the Recognized Obligation Payment Schedule 25-26 A-B Enforceable Obligations for the Annual Fiscal Period of July 1, 2025 to June 30, 2026, Subject to Submittal to and Review by the Orange Countywide Oversight Board and by the Department of Fina nce Under the Division 24, Part 1.85 of the California Health and Safety Code, and Authorizing the Posting and Transmittal Thereof; and (2) further, the Director of Administrative Services, in consultation with legal counsel, shall be authorized to request and complete meet and confer session(s), if any, with the Department of Finance and authorized to make augmentations, modifications, additions or revisions as may be necessary or directed by the Department of Finance
19. First Supplemental Indenture of Trust Relating to the Mission Viejo Community Development Financing Authority 1999 Series A Revenue Bonds
Adopted CDFA Resolution 24 -03 Approving First Supplemental Indenture of Trust and Authorizing Certain Other Actions in Connection Therewith.
City Council Minutes 5 December 10, 2024
20. Madrid Fore Park Play Area Rehabilitation (CIP 334) - 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 Notice of Completion with the County of Orange and to release the Faithful Performance and 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 $42,886.88, thirty- five (35) days after the date of recordation of the Notice of Completion.
21. City Hall Second Floor LED Lighting Installation
(1) Awarded a contract for the City Hall Second Floor LED Lighting Installation project to Optima Energy, Inc. (A24 -36) in an amount not to exceed $118,900.00; and (2) adopted Resolution 24 -58 Amending the FY 2024 - 25 Budget adding $144,870.00 From the Department of Energy's (DOE) Energy Efficiency and Conservation Block Grant (EECBG) Specifically to Assist Cities in Furthering Energy Efficiency and Conservation Goals.
22. Amendment to FY 24/25 Budget
Adopted Resolution 24-57 Amending the FY 2024/25 budget.
ITEMS REMOVED FROM THE CONSENT CALENDAR
14. Crucero Park Play Area Rehabilitation (CIP 340)
Assistant City Manager/Director of Public Services presented the staff report.
Motion made by Council Member Bucknum, seconded by Mayor Kelly, to (1) approve the plans and specifications and authorize staff to advertise for bids for CIP 340 - Crucero Park Play Area Rehabilitation; and (2) approve purchase of related playground equipment.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
OLD BUSINESS
23. Authorizing the City Manager to Provide Designated Employees with Additional Floating Holiday Hours in Response to Change in Overtime Exempt Status
Human Resources Manager Monique Goetz presented the staff report.
City Council Minutes 6 December 10, 2024
Motion made by Council Member Bucknum, seconded by Council Member Goodell, to adopt Resolution 24 -59 Authorizing the City Manager to Provide Designated Employees with Additional Floating Holiday Hours Effective January 4, 2025.
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
24. Southern California Association of Governments (SCAG) Report Received written report.
CITY MANAGER REPORTS
25. City Representation at the United States Conference of Mayors 2025
City Manager Elaine Lister gave the staff report.
Motion made by Mayor Kelley, seconded by Mayor Pro Tem Ruesch to approve the attendance by city representatives at the United States Conference of Mayors 2025.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
NOES: None
ABSENT: None
CITY ATTORNEY REPORTS
City Attorney Curley announced that the animal shelter has a wish list on Amazon for those who wish to donate. He wished everyone a blessed and safe holiday season.
COUNCIL MEMBER COMMENTS AND ACTIONS
26. 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.
City Council Minutes 7 December 10, 2024
Council Member Bucknum
Council Member Bucknum announced that she attended the Sober Living and Recovery Task Force Meeting on November 15 and stated that there has been movement on legislation that is coming in.
She asked Attorney Curley to speak on the Costa Mesa lawsuit and the end of her comments. Council Member Bucknum said there will be a full report to the Council sometime in February. She attended the Market Glow Feast, her regular OCCOG Meeting, and the Winter Gala at the Norman P. Murray Center. She also participated in an event with Kurt Pringle and Associates at Ranch Saloon and will be attending the ACCOC League of Cities tomorrow night. Council Member Bucknum gave kudos to Trish on her State of the City and how the theme tied everything together that is going on in the city. She spoke on the upcoming Mayors Conference in Washington D.C. and indicated that SCAG is going to also be in attendance , and we will try to set up meetings on Friday with some of our Representatives to talk about the Olympics and funding opportunities She announced that she and her husband Paul will be Mr. & Mrs. Clause in Santa’s House this weekend and reminded residents that on December 21 the Holiday Mix and Mingle and the Whoville Night Market . There will be shuttles going back and forth from the Civic Center to the Night Market across the street. She wished everyone a very Merry Christma s and ended her comments to say the reason for the season Isaiah 9:6 “for to us a savior is born”, and in Luke 1:14 “he will be a joy and delight to you, and many will rejoice at his birth”.
City Attorney Curley commented on the City of Costa Mesa lawsuit. He said about a decade ago Costa Mesa passed an ordinance regulating sober living homes. The owners of these home contended that this was discrimination against people with disabilities. Re covering addicts were considered disabled under federal statute and essentially were immune from regulations. This case has been tied up in the court of appeals. The good news was the last of the appeals was determined that this does not discriminate and that laws do not harm the handicap. To the contrary, it will ensure that these facilities are actually providing safe and healthy proper services.
Council Member Goodell
Council Member Goodell gave kudos to all involved in the wonderful State of the City and congratulated Mayor Kelley and Mayor Pro Tem Ruesch for a great year. He highlighted some Olympic information, indicating that we have various interested parties looking to train in our city.
Council Member Goodell said we hosted a representative from Guam and the Secretary General of the Oceana National Olympic Committee , and they are very interested in moving forward with training camps starting next year in Mission Viejo for their swim teams, track and field teams, and their battle sports teams such as Taekwondo, boxing, wrestling, etc. these camps would typically be two to four weeks next summer.. He said we also hosted member of the Australian Swim and Dive Team as well as their track and field teams today . Council Member Goodell also understands the Swiss, Swedes, and Germans are looking for various locations to train in Southern California. He stated the race is on to secure facilities for the 2028 Olympics for a ll these National Olympic Committees and Sports Federations from various countries. He said there will be more updates as we go into the new year.
City Council Minutes 8 December 10, 2024
Council Member Vasquez
Council Member Vasquez attended the Nadadores Holiday party and thanked Michelle Mitchell for hosting a great party. She spoke about attending the No Lunch Lunch event at the Second Harvest Food Bank and she couldn’t say enough about this organization. She st ated that is a wonderful organization that focuses on food insecurity. They have many ways that people can get involved not just during the holiday season but year-round. There are volunteer opportunities for both young and mature individuals from working in the warehouse or helping with their crops there is something for everyone. For those interested, go to feedoc.org for more information.
Mayor Pro Tem Ruesch
Mayor Pro Tem Ruesch highlighted the following events he attended. He attended the gift wrapping even at Target where the sheriff’s department works with selected families to shop for gifts and staff is available to wrap the presents for them. He stated it was very rewarding and always fun to see the smiles. He announced that Santa’s Workshop concludes on the 22 and encouraged residents to bring their children, grandchildren, or just want to get in the holiday spirit. He concluded that he was given the opportunity to go out with OCFA on one of the helicopters to tour the burn areas as well as the areas in the canyons that could have potential issues of fire risk as well as mud slides. We can be hopeful for moderate rain, but we there if we do get a lot there will be problems. He commented that the new Firehawk Helicopters can carry over a thousand gallons of water with a staff of three to four inside. He hopes we never have to use them in Mission Viejo, but they are available if need be.
Mayor Kelley
Mayor Kelley highlighted the following events that she attended: Grand opening of Wendy’s on Alicia Parkway, the new arcade at the Shops of Mission Viejo, Coffee with a Cop, and the Winter Gala. She gave kudos to Director Mark Nix and staff for their oversight of the adoption of marine families this Christmas. Close to 200 families were adopted by our Mission Viejo residents, the Community of Character Committee, as well as Councilmember Bucknum. She stated it was uplifting to see our city has been doing this for the last few years and to see all the boxes overflowing with gifts at City Hall. Mayor Kelley thanked the Mission Viejo Activities Committee and staff for their hard work at Santa’s arrival. She mentioned that her family celebrates Christmas as the birth of Jesus Christ our Savior. She wished everyone a Merry Christmas and a Happy H anukkah season.
She concluded with asking for prayers for one of our police deputies that was badly hurt in a motorcycle accident.
CITY COUNCIL REORGANIZATION
27. Selection of Mayor and Mayor Pro Tem for 2025
Motion made by Mayor Kelley, seconded by Council Member Goodell to appoint Bob Ruesch to serve as Mayor in 2025.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, Ruesch, and Vasquez
City Council Minutes 9 December 10, 2024
NOES: None
ABSENT: None
Motion made by Council Member Goodell seconded by Mayor Kelley to appoint Wendy Bucknum to serve as Mayor Pro Tem in 2025.
Council Member Vasquez announced she will nominate herself for Mayor Pro Tem. Mayor Kelley asked for a second to the motion. The motion died for a lack of a second.
Council Member Vasquez asked that the following statement be part of the record:
We are all equals on this dais.
Each of us was duly elected, each holds an equal say, and each holds an equal share of the vote.
So why am I being passed over?
The roles of Mayor and Mayor Pro Tem are ceremonial.
What makes me unsuitable or less deserving of these roles?
Historically, these positions have been rotated fairly among council members. Everyone else on the dais has been Mayor and Mayor Pro Tem.
My long-serving colleagues have each been Mayor twice, and Mayor Kelley has been mayor six times.
All fellow council members have served as Mayor Pro Tem one year and then as Mayor the next.
Again, why am I being excluded from this tradition?
I’ve been a dedicated public servant, missing only one meeting while still recovering from a week-long hospital stay.
So why am I being skipped over?
The decision to bypass me calls into question the integrity of this council, its professionalism, and its commitment to the community.
It undermines not only the principles of fairness and tradition but also the trust placed in us by the community we serve.
By excluding me, you are not just disrespecting me —you are disrespecting and disregarding the residents of District 3.
Therefore, help me understand Why I Am Being Excluded.
City Council Minutes 10 December 10, 2024
Mayor Kelley thanked Council Member Vasquez for sharing her thoughts and stated that there has never been a firm tradition of rotating the Mayors and Mayor Pro Tem’s.
Council Member Bucknum stated that the last election changed a lot of traditions and values.
She spoke about a previous Mayor that was appointed out of the abundance of being fair and that Mayor did not represent the values of the majority of the Council which resulted in major issues that created a nightmare for the entire year. She stated that things have happened over the years that have helped the Council to view things differently. Council Member Bucknum mentioned that in the last election the city moved to districts and four of those districts received 50-60 percent of the vote . She stated that Council M ember Vasquez received less than 41 percent of the vote in her respective district. Council Member Bucknum then called for the vote.
Council Member Vasquez stated that as equals on this dais , each Council Member has one- fifth of the vote and asked for clarification as to what specific things happened over the years.
She stated that as a non-partisan body, the Council needs to behave as such. Council Member Vasquez stated she still has a seat on the dais regardless of the percentage of the votes she received, so that is a moot point. Council Member Bucknum stated that Council Member Vasquez did not get a second on he r motion. Council Member Vasquez agreed she did not, which is why she made her statement and questioned the integrity of this Council. Council Member Bucknum responded that Council Member Vasques has been questioning the integrity of this Council since she was elected. Council Member Vasquez concluded that there is a lot to question and it’s a shame that some people feel that they need this kind of attention and that they need these positions to make their lives feel fulfilled.
Mayor Kelley stated we have a call for the vote, so please register your votes.
Motion made by Council Member Goodell seconded by Mayor Kelley to appoint Wendy Bucknum to serve as Mayor Pro Tem in 2025.
On roll call, said motion carried by the following vote:
AYES: Bucknum, Goodell, Kelley, and Ruesch
NOES: Vasquez
ABSENT: None
ADJOURNMENT
At the hour of 7:46 pm., with no further business to come before the City Council at this session, Mayor Kelley adjourned the meeting to Tuesday, January 14, 2025, at 5:00 p.m.
______________________________________
Kimberly Schmitt, City Clerk
Approved at the meeting of January 14, 2025