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Rancho Santa Margarita City Council
January 26, 2022

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January 26, 2022
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Rancho Santa Margarita City Council
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CITY OF RANCHO SANTA MARGARITA

CITY COUNCIL REGULAR MEETING MINUTES
January 26, 2022
The meeting was called to order at 7:00 p.m. in the Council Chambers. Present: Mayor Anne D Figueroa, Mayor Pro Tempore Jerry Holloway, Council Members L. Anthony Beall, Carol A. Gamble, Bradiey J. McGirr (5). Absent: None (0). The Salute to the Flag was led by Council Member McGirr.

Staff Present: Jennifer M. Cervantez, City Manager; Greg Simonian, City Attorney; Brendan Dugan, Public Works Director/City Engineer; Cheryl Kuta, Development Services Director; Stetanie Turner, Finance Director; Mihaela Kennedy, Captain; Amy Diaz, City Clerk.

PRESENTATIONS AND PROCLAMATIONS
Mayor Figueroa invited Mayor Pro Tempore Holloway and Jennifer Cervantez, City Manager, forward to present Agenda Item No. 1.1.

1.1 2021 EMPLOYEE RECOGNITION AND APPRECIATION TO LAURA LOPEZ, SENIOR

MANAGEMENT ANALYST/PUBLIC INFORMATION OFFICER
Mayor Figueroa and Mayor Pro Tempore Holloway presented the following items:

1.2 STUDENT RECOGNITION PROGRAM - CERTIFICATES OF RECOGNITION 1) ST. JUNIPERO SERRA CATHOLIC SCHOOL - TALON CLARK AND MILAN ELHIHI

1.3 CERTIFICATES OF RECOGNITION TO THE SANTA MARGARITA POP WARNER

JUNIOR VARSITY EAGLES FOOTBALL TEAM
SCHEDULE OF FUTURE EVENTS - None.

PUBLIC COMMENTS - None.

CONSENT CALENDAR
Mayor Figueroa announced the City Council received an eComment for Agenda Item No. 4.6.

Beth Heard, City of Rancho Santa Margarita resident, expressed her concern regarding the limited amount of time given to the public to review the draft Housing and Safety Element scheduled for adoption by the City Council on February 9, 2022.

Mayor Figueroa announced that staff provided supplemental information related to Agenda Item No. 4.8 regarding a revised Purchase Order Terms and Conditions document.

Council Member Gamble moved, seconded by Mayor Pro Tempore Holloway to approve the Consent Calendar (Item Nos. 4.1 through 4.9).
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City Council Regular Meeting Minutes January 26, 2022
The motion was approved by the following vote:

AYES: Council Members Beall, Gamble, McGirr, Mayor Pro Tempore Holloway, Mayor Figueroa (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)

4.1 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA Waived reading in full of all ordinances on the agenda and declared that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.

4.2 APPROVAL OF CERTIFICATES OF RECOGNITION
Approved the following Certificates of Recognition:
1) 2021 Employee Recognition and Appreciation to Laura Lopez, Senior Management Analyst/Public Information Officer; and
2) Student Recognition Program:
a) St. Junipero Serra Catholic School - Talon Clark and Milan Elhihi; and 3) Santa Margarita Pop Warner Junior Varsity Eagles Football team.

4.3 APPROVAL OF MINUTES
Approved the January 12, 2022 City Council Regular meeting minutes.

4.4 APPROVAL OF WARRANT REGISTERS DATED JANUARY 10, 2022 AND JANUARY 18,2022
Approved the warrant registers totaling $1,249, 119.38.

4.5 INVESTMENT REPORT FOR THE MONTH OF DECEMBER 2021
Received and filed the Investment Report for the month of December 2021.

4.6 PROPOSED PROFESSIONAL SERVICES AGREEMENT WITH RRM DESIGN GROUP

FOR THE HOUSING ELEMENT REZONING PROGRAM AND OBJECTIVE

DEVELOPMENT STANDARDS
1) Approved a proposed Professional Services Agreement with RRM Design Group for preparation of the Housing Element Rezoning Program and Objective Development Standards, with a one-year term, in the total maximum not-to-exceed contract amount of $162,970; and
2) Authorized the Mayor to execute the proposed Professional Services Agreement with RRM Design Group to prepare the Housing Element Rezoning Program and Objective Development Standards.
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4.7 RESOLUTION TO CERTIFY THE PROJECT LIST SUBMITTAL FOR CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 FUNDING THROUGH THE ORANGE COUNTY TRANSPORTATION AUTHORITY 2021

PAVEMENT MANAGEMENT RELIEF FUNDING PROGRAM
Adopted Resolution No. 22-01-26-01 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA

MARGARITA, CALIFORNIA, WHICH CERTIFIES THAT THE CITY COUNCIL HAS

AUTHORIZED THE PROJECT LIST SUBMITTAL FOR CORONAVIRUS
RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 (CRRSAA) FUNDING THROUGH THE ORANGE COUNTY TRANSPORTATION AUTHORITY 2021 PAVEMENT MANAGEMENT RELIEF FUNDING PROGRAM

4.8 APPROVAL OF A PURCHASE ORDER WITH STALKER RADAR APPLIED CONCEPTS, INC. TO PURCHASE TWO RADAR TRAILERS IN THE AMOUNT OF $37,139.27
1) Approved a Purchase Order with Stalker Radar Applied Concepts, Inc. for the purchase of two radar trailers in the amount of $37, 139.27; and 2) Authorized the City Manager to sign the City's standard Purchase Order with Stalker Radar Applied Concepts, Inc.

4.9 ADOPTION OF RESOLUTION SUPPORTING ASSEMBLY BILL 1595 AMENDING THE

MILITARY AND VETERANS CODE FOR THE ESTABLISHMENT OF A VETERANS

CEMETERY IN ORANGE COUNTY
Adopted Resolution No. 22-01-26-02 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, SUPPORTING AB 1595 TO ALLOW CAL VET TO

AMEND THE MILITARY AND VETERANS CODE TO DESIGN, DEVELOP AND

CONSTRUCT A STATE OPERATED VETERANS CEMETERY IN ORANGE
COUNTY
ITEMS REMOVED FROM THE CONSENT CALENDAR - None.

PUBLIC HEARING ITEMS - None.

CONTINUED ITEMS - None.

NEW BUSINESS

7.1 ADOPTION OF RESOLUTION SUPPORTING THE BRAND-HUANG-MENDOZA

TRIPARTISAN LAND USE INITIATIVE
Mayor Figueroa introduced City Manager Cervantez who provided a brief overview of the staff report. City Manager Cervantez announced supplemental information provided to the City Council regarding a correction to the draft resolution in reference to the first whereas clause within the resolution.
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Mayor Figueroa opened the item to City Council questions of staff.

Mayor Pro Tempore Holloway inquired regarding the ballot initiative process and if they have received the amount of signatures required for a ballot initiative.

Mayor Figueroa opened the item to City Council discussion and deliberation.

Mayor Figueroa expressed her support for the petition.

Council Member Beall moved, seconded by Council Member Gamble to approve the following staff recommendation:

Adopted Resolution No. 22-01-26-03 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, SUPPORTING THE "BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATIVE" TO AMEND ARTICLE XI OF THE

CONSTITUTION OF THE STATE OF CALIFORNIA TO MAKE ZONING AND LAND

USE COMMUNITY AFFAIRS, AND NOT OF STATE INTEREST
The motion was approved by the following vote:

AYES: Council Members Beall, Gamble, McGirr, Mayor Pro Tempore Holloway, Mayor Figueroa (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)

7.2 PRESENTATION BY THE SANTA MARGARITA WATER DISTRICT REGARDING THE

RANCHO SANTA MARGARITA RECYCLED WATER CONVERSION PROJECT Mayor Figueroa introduced City Manager Cervantez who invited Dan Ferons, General Manager with Santa Margarita Water District, to provide a presentation regarding the recycled water conversion project.

Mayor Figueroa opened the item to City Council questions of staff.

Council Member Gamble asked for clarification regarding Santa Margarita Water District's (SMWD) project responsibility at the water meter; what the associated costs are to retrofit the reclaimed water into various parks; what the connection process entails to get the recycled water running from the meter; if they are coordinating with the Santa Margarita Landscape and Recreation Corporation (SAMLARC) and SAMCORP for drinking water conversions; inquired regarding the construction and conversion final costs; if they are working actively with the homeowners associations; and as a consequence of the project, will the HOA's save money.

Council Member Gamble noted that she takes issue with SMWD's survey projections and representation being made of the customer's satisfaction. Council Member Gamble noted that the survey did not list possible additional costs to each resident, SAMLARC or SAMCORP members for the implementation of the project past the meter and inquired if the $195 cost is the cap.
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Council Member Gamble inquired why SMWD is implementing the project now, rather than gathering all the stakeholders, with final estimates for the project; asked for the mechanism and process by which the district can impose a tax on the property owners without the vote of the people; inquired regarding the project timeline in reference to the homeowners associations' commitment towards the project; and whether the HOA's have been acquainted with a deadline.

Mayor Figueroa shared that she had a meeting with SAMLARC and they advised that they do not have any information related to the project. Mayor Figueroa encouraged SMWD to reach out to SAMLARC. Mayor Figueroa noted SAMLARC's concern related to the infrastructure that they will have to do in terms of connecting their lines.

Council Member Gamble noted that she is not for or against reclaimed water. Council Member Gamble noted that the community does not know what their all-in costs will be.

Council Member Gamble shared that she cannot get behind this project until she knows what the all-in costs are and whether or not the HOA's are supportive of the project.

Council Member Gamble encouraged SMWD to give a presentation to the Community Associations of Rancho (CAR).

Council Member Beall inquired what might happen if this project is not completed. Council Member Beall expressed his support and is grateful for the efforts of the SMWD for working proactively to protect and preserve our green spaces and landscape water.

Council Member Beall commended the SMWD for their outreach to the City.

Mayor Pro Tempore Holloway inquired how large the survey was and how it was done.

Mayor Pro Tempore Holloway inquired if the $195 is an average but could differ based on the size of the lot; if the HOA's were not for the project, would SMWD not proceed with the project; have the HOA's indicated any other concerns besides the costs; and asked if SMWD will not break ground unless the HOA's are on board.

Mayor Figueroa noted that the survey said 83% were in support of the project if it is less than $195 a month, and 53% approve if the cost is at $195. Mayor Figueroa asked for clarification if the survey was clear that the costs would be for a duration of 30 years.

Mayor Figueroa expressed her concerns regarding this being a tax burden on the residents; would like to see a greater number of residents surveyed; and is concerned SAMLARC will raise their dues.

Council Member Gamble encouraged SMWD to attend a CAR meeting and noted she would like her chart presented to the HOA's so that they understand they have an obligation on the customer side of the meter.

The City Council received and filed the presentation.

7.3 RESULTS OF FISCAL YEAR 2021 FINANCIAL STATEMENT AUDIT, SUMMARY

FINANCIAL INFORMATION, REQUIRED AUDITOR COMMUNICATIONS,

APPROPRIATIONS LIMIT REPORT, AND ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2021
Mayor Figueroa introduced Stefanie Turner, Finance Director, who provided a brief overview of the staff report.
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Mayor Figueroa opened the item to City Council questions of staff.

Council Member Gamble inquired when the City Council revisited the assigned reserve categories.

Council Member McGirr inquired regarding the line item named Local Park Trust Fund.

Mayor Figueroa opened the item to City Council discussion and deliberation.

Mayor Figueroa commended the City staff and City Council colleagues for their fiscal conservativeness.

The City Council received a presentation of the results of the City of Rancho Santa Margarita's Fiscal Year 2021 Financial Statement Audit, Summary Financial Information, Required Auditor Communications, and Appropriations Limit Report; and The City Council received and filed the City's Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2021; and
The City Council provided comments and direction to staff concerning the City's audit process.

8. PUBLIC COMMENTS - None.

CITY MANAGER REPORT - None.

10. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS

10.1 COMMITTEE ASSIGNMENT REPORTS
Received an Oral Report on the following City Council Committee Assignment:
1) FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES
Council Member Beall reported he attended the Foothill/Eastern Transportation Corridor Agencies (TCA) meeting held on January 13, 2022. Council Member Beall reported the Board approved a minor amendment to the Customer Service Center System Contract. Council Member Beall reported the Board reorganized electing Peggy Wong from Yorba Linda to continue leading the TCA and Will O'Neill from Newport Beach to serve as the Chair of the San Joaquin Hills TCA. 2) ORANGE COUNTY FIRE AUTHORITY
Council Member Gamble reported the Orange County Fire Authority meeting will be held tomorrow, January 27, 2022.

10.2 COUNCIL MEMBER REPORT/COMMENT
Mayor Figueroa encouraged everyone to donate blood; locations within the City are located on the City website. Mayor Figueroa commended the Post Office on their improved landscaping.
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ADJOURNMENT
Mayor Figueroa adjourned the meeting at 8:58 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, February 9, 2022, at 7:00 p.m., in the City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California. live
ANNE D. FIGUEROA, MAYOR
PREPARED BY:

Amy Diaz
Approved: February 9, 2022
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