CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
February 9, 2022
The meeting was called to order at 7:02 p.m. in the Council Chambers. Present: Mayor Anne D.
Figueroa, Mayor Pro Tempore Jerry Holloway, Council Members L. Anthony Beall, Carol A. Gamble, Bradley J. McGirr (5). Absent: None (0). The Salute to the Flag was led by Council Member Beall.
Staff Present: Jennifer M. Cervantez, City Manager; Greg Simonian, City Attorney; Brendan Dugan, Public Works Director/City Engineer; Cheryl Kuta, Development Services Director; Stefanie Turner, Finance Director; Mihaela Kennedy, Captain; Amy Diaz, City Clerk.
PRESENTATIONS AND PROCLAMATIONS
Mayor Figueroa and Mayor Pro Tempore Holloway presented the following items:
1.1 STUDENT RECOGNITION PROGRAM - CERTIFICATES OF RECOGNITION 1) CIELO VISTA ELEMENTARY SCHOOL - DAPHNE GONZALEZ
2) LAS FLORES ELEMENTARY SCHOOL - MEGHAN DOMERACKI AND JILLIAN HOGAN
1.2 PRESENTATION BY THIRD DISTRICT SUPERVISOR DONALD P. WAGNER
SCHEDULE OF FUTURE EVENTS
Jennifer Cervantez, City Manager, announced the following:
2.1 PRESIDENTS' DAY HOLIDAY - MONDAY, FEBRUARY 21, 2022 - CITY HALL CLOSED PUBLIC COMMENTS - None.
CONSENT CALENDAR
Mayor Pro Tempore Holloway moved, seconded by Council Member McGirr to approve the Consent Calendar (Item Nos. 4. 1 through 4.6).
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)
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City Council Regular Meeting Minutes February 9, 2022
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) Student Recognition Program:
a) Cielo Vista Elementary School - Daphne Gonzalez;
b) Las Flores Elementary School - Meghan Domeracki and Jillian Hogan.
4.3 APPROVAL OF MINUTES
Approved the January 26, 2022 City Council Regular meeting minutes.
4.4 APPROVAL OF WARRANT REGISTERS DATED JANUARY 24, 2022 AND JANUARY 31, 2022
Approved the warrant registers totaling $488,556.64.
4.5 NOTICE OF COMPLETION FOR THE FISCAL YEAR 2021-22 TRAFFIC SIGNAL
ENHANCEMENTS PROJECT
1) Accepted the improvements for the Fiscal Year 2021-22 Traffic Signal Enhancements Project; and
2) Authorized the City Clerk to file a Notice of Completion with the County of Orange Recorder's Office within fifteen (15) calendar days, as required by Section 9204 of the California Civil Code; and
3) Authorized the retention monies to be released thirty-five (35) days after the Date of Recordation of the Notice of Completion, if all Stop Notices have been resolved and all potential claims are settled.
4.6 CITY REPRESENTATIVE REPORT FOR THE ORANGE COUNTY MOSQUITO AND
VECTOR CONTROL DISTRICT
Received and filed the report submitted by the City Council's appointed representative to the Orange County Mosquito and Vector Control District.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None.
5. PUBLIC HEARING ITEMS
5.1 PUBLIC HEARING AND ADOPTION OF THE 2021-2029 HOUSING ELEMENT UPDATE
AND SAFETY ELEMENT UPDATE
Mayor Figueroa introduced Cheryl Kuta, Development Services Director, who introduced Amanda Tropiano, Principal with De Novo Planning Group, both of whom presented the 2021-2029 Housing Element Update and Safety Element Update. 2 City of Rancho Santa Margarita
City Council Regular Meeting Minutes February 9, 2022
Mayor Figueroa opened the item to Council questions of staff.
Council Member McGirr inquired if Applied Medical's letter in support of the idea of workforce housing was included within the package that will be provided to the State; does the Safety Element need to be approved by the Orange County Fire Authority (OCFA) or just Cal Fire.
Mayor Figueroa opened the public hearing.
Mayor Figueroa announced that the following individuals submitted eComments to the Council on matters within the jurisdiction of the City Council:
Rhonda Lundberg, City of Rancho Santa Margarita resident, noted that the State has mandated hard deadlines for cities to get their Housing Element into California Housing and Community Development (HCD); not allowing the public time to read and understand the complex information on the City's Housing Element.
Mike Sanfranski, City of Rancho Santa Margarita resident, expressed several concerns related to Public Input, Viability, Infrastructure, Parking and Master Planned Communities, regarding the preparation and implementation of the State mandated 6" Cycle Housing Element Update.
Beth Heard, City of Rancho Santa Margarita resident, expressed her opposition to the Housing Element plan due to HCD's rigid timeline restrictions and believes it has hindered the public's ability to provide meaningful input.
James Pugh for Sheppard, Mullin, Richter & Hampton LLP, noted that the current draft Housing Element Update does not include Dove Canyon Plaza as an inventory site and requested that the City add Dove Canyon Plaza to the inventory list and assign it the City's new Mixed-Use Housing zoning.
Mayor Figueroa asked Development Services Director Kuta who invited Amanda Tropiano, Principal with De Novo Planning Group, to elaborate on the process for considering housing element sites.
The following individuals addressed the Council on matters within the jurisdiction of the City Council:
James Pugh for Sheppard, Mullin, Richter & Hampton LLP, noted that he represents the commercial owners of Dove Canyon Plaza, and requested that the City add Dove Canyon Plaza to the inventory list and assign it the City's new Mixed-Use Housing zoning designation.
Council Member Beall inquired from Mr. Pugh regarding the proposal's capacity and asked Mr. Pugh to explain why he believes it would be ideal to add Dove Canyon Plaza to the inventory list and assign it the City's new Mixed-Use Housing zoning; inquired if he took into account the surrounding area at the particular location, such as traffic and safety concerns.
Mayor Pro Tempore Holloway noted that Mr. Pugh mentioned that his proposal would be an easy process and asked Mr. Pugh to explain the definition of his request being easy; and inquired why he submitted his request so late.
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Council Member Beall asked Greg Simonian, City Attorney, to explain what the process would be to accommodate this type of request.
City Attorney Simonian explained the various reasons why Mr. Pugh's request cannot be added to the Housing Element Update at this time. City Attorney Simonian noted that it would violate State Planning Law; it would constitute a substantial modification requiring that it be returned to the Planning Commission for further review and study; he noted that the request has not undergone any public review or comment as of today; the request has not been reviewed by HCD; it would improperly involve making a legislative land use policy change without notice to the public or giving the public an opportunity to be heard this evening; it would likely constitute significant implications under the California Environmental Quality Act (CEQA), since adding 8 plus acres to the sites inventory list would not have undergone any public review or comment; there would be improper environmental analysis at such a late juncture; and despite having done such an extensive thorough environmental review, analysis, transparent and deliberative process, the City would be missing its statutory deadline of February 12t.
Josh Bastian, RSM Chamber of Commerce President, congratulated staff on their hard work on the Housing Element; noted that the Dove Canyon businesses are great and expressed his concerns with the Dove Canyon owners' proposal and safety concerns.
Mayor Figueroa closed the public hearing.
Mayor Figueroa opened the item to Council discussion and deliberation.
Council Member Gamble expressed how pleased and grateful she is for staff's work on the Housing Element. Council Member Gamble expressed her concern relating to the Dove Canyon Plaza proposal request. Council Member Gamble inquired from staff what would happen if HCD does not approve the Housing Element by a certain time, and if there would be a penalty imposed on the City.
City Attorney Simonian provided language for a Section 7 that the City Council could add to the resolution to allow staff to make minor modification requests to the Housing Element Update.
Mayor Pro Tempore Holloway commended staff for a great job on the Housing Element and thanked everyone that participated in the process.
Mayor Pro Tempore Holloway expressed his support for staff's recommendation. Mayor Pro Tempore Holloway noted that he is unsure why the letter from Mr. Pugh was submitted so late.
Council Member McGirr noted he is opposed to adding Dove Canyon to the Housing Element since the City has already finalized the Housing Element.
Mayor Figueroa thanked City staff, City Attorney, and residents for a great job on the Housing Element.
Council Member McGirr moved, seconded by Council Member Gamble to approve the following staff recommendation and add the following section to the resolution: Section 7, the City Council hereby authorizes and directs the Development Services Director to make minor modifications to the Housing Element Update adopted herein to address subsequent comments provided by the Department of Housing and Community 4 City of Rancho Santa Margarita
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Development (HCD) that are necessary to obtain state certification, provided such modifications are minor and do not constitute a substantial modification, subject to the approval of the City Manager and City Attorney:
Adopted Resolution No. 22-02-09-01 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA
MARGARITA, CALIFORNIA, ADOPTING AN ADDENDUM TO THE GENERAL
PLAN FINAL ENVIRONMENTAL IMPACT REPORT, AND ADOPTING THE
UPDATE TO THE RANCHO SANTA MARGARITA GENERAL PLAN HOUSING ELEMENT FOR THE PLANNING PERIOD 2021-2029, AND ADOPTING THE
UPDATE TO THE GENERAL PLAN SAFETY ELEMENT
The motion was approved by the following vote:
AYES: Council Members Beali, Gamble, McGirr, Mayor Pro Tempore Holloway, Mayor Figueroa (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
6. CONTINUED ITEMS - None.
NEW BUSINESS - None.
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) ORANGE COUNTY FIRE AUTHORITY
Council Member Gamble reported she attended the Orange County Fire Authority (OCFA) meeting held on January 27, 2022. Council Member Gamble noted that the OCFA meetings are currently closed session items dealing with bargaining units.
Council Member Gamble shared that when she rejoined the OCFA in 2011, the proposal was to accelerate the pension pay down program for the unfunded pension liabilities that accumulated in OCFA. Council Member Gamble reported that in 11 years, the OCFA has crossed 80% of the unfunded pension liabilities; the 85% target should be achieved in 2024.
10.2 COUNCIL MEMBER REPORT/COMMENT
Council Member Gamble shared that she was pleased by the residents' input on the Housing Element and expressed her concern with the Dove Canyon proposal. 5 City of Rancho Santa Margarita
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Mayor Figueroa reported that the City is having a summit with the RSM Chamber of Commerce for collaborating on events. Mayor Figueroa reported that she is pleased to bring back the College Student Work Experience Program.
ADJOURNMENT
Mayor Figueroa adjourned the meeting at 8:27 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, February 23, 2022, at 7:00 p.m., in the City Gounci, Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.
ANNE D. FIGU MAYOR
PREPARED BY:
Cumy Diaz
AMY DIAZ, CITY CLERK
Approved: February 23, 2022
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