CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
April 12, 2023
The meeting was called to order at 7:02 p.m. in the Council Chambers. Present: Mayor Jerry Holloway, Mayor Pro Tempore Carol A. Gamble, Council Members L. Anthony Beall, Anne D. Figueroa and Bradley J. McGirr (5). Absent: None (0). The Salute to the Flag was led by Council Member McGirr.
Staff Present: Jennifer M. Cervantez, City Manager; Gregory Simonian, City Attorney; Stefanie Turner, Finance Director; Brendan Dugan, Public Works Director/City Engineer; Mihaela Kennedy, Captain; Amy Diaz, City Clerk.
1. PRESENTATIONS AND PROCLAMATIONS
Mayor Holloway invited Lieutenant Colonel Clinton Hall and Sergeant Major Robert Ashby with the United States Marine Corps 2nº Battalion, 5" Marines, forward to present the following:
1.1 UPDATE FROM LIEUTENANT COLONEL CLINTON HALL AND SERGEANT MAJOR
ROBERT ASHBY ON THE CITY OF RANCHO SANTA MARGARITA'S ADOPTED UNITED STATES MARINE CORPS, 2ND BATTALION, 5TH MARINES
Mayor Holloway and Mayor Pro Tempore Gamble presented the following:
1.2 PROCLAMATION - DEPARTMENT OF MOTOR VEHICLES, DONATE LIFE CALIFORNIA MONTH, APRIL 2023
1.3 PROCLAMATION - ORANGE COUNTY FIRE AUTHORITY "NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK", APRIL 9-15, 2023
1.4 CERTIFICATE OF RECOGNITION - BUSINESS RECOGNITION - SPA GREGORIE'S
2. SCHEDULE OF FUTURE EVENTS
Jennifer Cervantez, City Manager, announced the following:
2.1 NATIONAL PRESCRIPTION MEDICATION TAKE BACK DAY - SATURDAY, APRIL 22, 2023 FROM 10:00 A.M. TO 2:00 P.M., LOCATED AT THE CITY HALL PARKING LOT
PUBLIC COMMENTS
The following individual addressed the Council on matters within the jurisdiction of the City Council:
Ric Heard, Dove Canyon resident, spoke regarding the City of Huntington Beach and their legal fight against the State housing mandates; encouraged the City to keep an open mind in joining to oppose the State.
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City Council Regular Meeting Minutes April 12, 2023
CONSENT CALENDAR
Mayor Holloway removed Agenda Item. No 4.4 from the Consent Calendar for further discussion.
Council Member Beall moved, seconded by Mayor Pro Tempore Gamble to approve the Consent Calendar (Item Nos. 4.1 through 4.3 and 4.5 through 4.11).
The motion was approved by the following vote:
AYES: Council Members Beall, Figueroa, McGirr, Mayor Pro Tempore Gamble, Mayor Holloway (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 PROCLAMATIONS AND CERTIFICATE OF RECOGNITION Approved the following:
1) Proclamation - Department of Motor Vehicles, Donate Life California Month, April 2023; and
2) Proclamation - Orange County Fire Authority "National Public Safety Telecommunicators Week", April 9-15, 2023; and
3) Certificate of Recognition for a Business Recognition to Spa Gregorie's.
4.3 APPROVAL OF MINUTES
Approved the March 22, 2023 City Council Regular meeting minutes.
4.5 APPROVAL OF WARRANT REGISTERS DATED MARCH 20, 2023 THROUGH APRIL 3, 2023
Approved the warrant registers totaling $519,079.10.
4.6 STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2023/24 1) Conducted the annual review of the City's Statement of Investment Policy; and 2) Adopted Resolution No. 23-04-12-01 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, APPROVING THE FISCAL YEAR 2023/24
STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT
AUTHORITY AND RESPONSIBILITY TO THE CITY TREASURER
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4.7 PROPOSED DEPOSIT OF PUBLIC FUNDS AGREEMENT WITH THE BANK OF
SOUTHERN CALIFORNIA
1) Approved proposed Deposit of Public Funds Agreement with the Bank of Southerr California with an Active Balance Agreement Limit of $12,000,000; and 2) Authorized the Mayor and the City Manager, as authorized signers at the bank, to execute proposed Deposit of Public Funds Agreement with the Bank of Southern California.
4.8 APPROVAL OF PROPOSED AMENDMENT NO. 1 TO THE CURRENT PROFESSIONAL SERVICES AGREEMENT WITH DUDEK, INC., FOR ON-CALL
CONSTRUCTION MANAGEMENT AND INSPECTION CONSULTING SERVICES 1) Approved proposed Amendment No. 1 to the current Professional Services Agreement with Dudek, Inc., for On-Call Construction Management and Inspection Consulting Services to extend the term of the current agreement for an additional (1) one year, through May 25, 2024, and to increase the total maximum contract amount by $83,905 for a total not-to-exceed contract amount of $183,905; and 2) Authorized the Mayor to execute the proposed Amendment No. 1 to the On-Call Construction Management and Inspection Consulting Services with Dudek, Inc.
4.9 ASSIGNMENT AND ASSUMPTION AGREEMENT RELATING TO THE 2016
MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF RANCHO SANTA
MARGARITA AND JONSET CORPORATION DBA SUNSET PROPERTY SERVICES,
FOR STREET SWEEPING AND ROADWAY CLEANING MAINTENANCE SERVICES Approved the proposed Assignment and Assumption Agreement to assign to SCA of CA, LLC all rights, title, and interests in the 2016 Maintenance Services Agreement between the City of Rancho Santa Margarita ("City") and Jonset Corporation dba Sunset Property Services, for Street Sweeping and Roadway Cleaning Maintenance Services.
4.10 APPROVAL OF PARCEL MAP NO. 2022-132 FOR 29839 SANTA MARGARITA
PARKWAY
1) Approved Parcel Map No. 2022-132; and
2) Authorized the City Clerk to sign the Final Parcel Map; and 3) Authorized staff to release Final Parcel Map to the County of Orange Surveyor's Office.
4.11 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
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4.4 SECOND READING AND ADOPTION OF AN ORDINANCE FOR ZONING CODE TEXT AMENDMENT 23-001, AN ORDINANCE AMENDING THE RANCHO SANTA
MARGARITA MUNICIPAL CODE TO UPDATE AND CLARIFY REGULATIONS
RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS IN ACCORDANCE WITH STATE LAW
Mayor Holloway 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, urged the City Council to deny the adoption of Ordinance No. 23-01 for a Zoning Code Text Amendment.
Beth Heard, City of Rancho Santa Margarita resident, noted that the Accessory Dwelling Units and Junior Accessory Dwelling Units State Laws do not consider the parking needs of the residents living in this type of housing.
Mayor Holloway invited the following individual forward to address the Council on matters within the jurisdiction of the City Council:
Beth Heard, City of Rancho Santa Margarita resident, shared that her comments are not a criticism of staff that have done their best to comply with the State while trying to keep the City safe and maintain the quality of life. Mrs. Heard believes it is not a good set up for local government and the City needs to look at possibilities to try to go around the State to get recourse.
Mayor Pro Tempore Gamble moved, seconded by Council Member Figueroa to approve the following staff recommendation:
Approved the second reading and adopted Ordinance No. 23-01 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA
MARGARITA, CALIFORNIA, ADOPTING ZONING CODE TEXT AMENDMENT CA 23-001 AMENDING AND RESTATING SECTION 9.04.190 (ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF CHAPTER
9.04 (REGULATIONS FOR SPECIAL USES AND STRUCTURES) IN
ACCORDANCE WITH STATE LAW, INCLUDING AN EXEMPTION FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER CEQA GUIDELINES SECTIONS 15060(C)(2) AND (C)(3) AND PUBLIC RESOURCES CODE SECTION 21080.17
The motion was approved by the following vote:
AYES: Council Members Beall, Figueroa, McGirr, Mayor Pro Tempore Gamble, Mayor Holloway (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PUBLIC HEARING ITEMS - None.
CONTINUED ITEMS - None.
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NEW BUSINESS
7.1 DRAFT 2023-2024 ANNUAL ACTION PLAN DETAILING THE USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
Mayor Holloway introduced City Manager Cervantez who invited Mike Linares, Community Development Block Grant (CDBG) Consultant, to provide a brief overview of the staff report
Mayor Holloway opened the item to City Council questions of staff.
Council Member McGirr thanked Mr. Linares for the report.
Mayor Pro Tempore Gamble inquired what qualifies an applicant for the Minor Home Repair Program.
Council Member Figueroa inquired if there was any comparison from this year to last year regarding the Non-Profits and RSM Cares.
Council Member Beall inquired regarding the Public Service Grants and how they are advertised.
Mayor Holloway inquired if the entities will accept the amount of funds allocated and if they do not accept the funds, are the funds then redistributed. Mayor Holloway thanked Mr. Linares and staff for overseeing the CDBG process.
Mayor Holloway recommended that if there are any funds that are turned down by the recipients, that they be redistributed to RSM Cares.
Council Member McGirr recused himself because his wife, Julie McGirr, serves on the RSM Cares Board of Directors.
Mayor Pro Tempore Gamble inquired if any of the recipients have indicated that they are not going to accept the money allocated to them.
Council Member Figueroa indicated that it is unlikely the recipients will not accept the funds since they have not turned it down before. Council Member Figueroa suggested that the Council address the reallocation of funds in the event that are not accepted.
Mayor Holloway inquired if there are any other types of grants that the City can suggest.
City Manager Cervantez noted that when staff receives any information related to grants the information is relayed to the City's partnering agencies, one of which is RSM Cares.
The City Council reviewed the proposed use of 2023-2024 Community Development Block Grant Funds; and provided input regarding the proposed Draft 2023-2024 Annual Action Plan.
PUBLIC COMMENTS - None.
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CITY MANAGER REPORT
City Manager Cervantez thanked Wendy Starks, Principal Planner, for taking photos during the Council meeting. City Manager Cervantez noted that Laura Lopez, Assistant to the City Manager/Public Information Officer/Management Analyst, wears many hats and is also the City's Emergency Manager. City Manager Cervantez shared Ms. Lopez is attending training so that she can conduct an upcoming CERT training program for the residents in the near future.
10. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS
10.1 COMMITTEE ASSIGNMENT REPORTS
Received Oral Reports on the following City Council Committee Assignments:
1) COMMUNITY ASSOCIATIONS OF RANCHO
Mayor Pro Tempore Gamble announced she and City Manager Cervantez attended the Community Associations of Rancho (CAR) meeting held on April 4, 2023. Mayor Pro Tempore Gamble announced CAR is reconvening and making recommendations on what to focus on in 2023; Mayor Pro Tempore Gamble urged CAR to reach out to their professional managers that each Homeowner's Association hires to have them attend the CAR meetings.
2) ORANGE COUNTY FIRE AUTHORITY
Mayor Pro Tempore Gamble announced she attended the Orange County Fire Authority (OCFA) meeting held on March 23, 2023. Mayor Pro Tempore Gamble reported the OCFA voted and unanimously supported the contract for the Orange County Professional Firefighters Association Local 3631. Mayor Pro Tempore Gamble reported that the OCFA is bringing the newly elected Board Members up to speed.
10.2 COUNCIL MEMBER REPORT/COMMENT
Council Member McGirr announced that on April 30, 2023 at 11:00 a.m. the Bradley Rofer Foundation will be hosting a Bradley Rofer Honor Walk fundraiser around the lake and encouraged all to attend.
Council Member McGirr announced the tragic accident that occurred causing Madden Ohlwiler to pass away. Council Member McGirr announced that various City businesses are holding fundraisers on behalf of the Ohlwiler family.
Mayor Pro Tempore Gamble announced she attended the Meet the Mayor event held at Alza's Italian Kitchen. Mayor Pro Tempore Gamble announced that Alza's Italian Kitchen will also be donating towards the Ohlwiler family on Monday, April 17, 2023. Mayor Pro Tempore Gamble commended Mayor Holloway on a successful Meet the Mayor event and thanked the RSM Chamber of Commerce for hosting the event.
Mayor Holloway spoke regarding the Meet the Mayor event and commended Principal Planner Starks for assisting with several questions. Mayor Pro Tempore Holloway announced he attended a Ribbon Cutting event for Congresswoman Young Kim in Anaheim.
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11. CLOSED SESSION
ANNOUNCEMENT OF CLOSED SESSION ITEMS
The City Council will convene in Closed Session, in the City Council Conference Room, City Hall, to consider the following matters:
11.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Public Employee Title: City Manager - Annual Performance Evaluation PUBLIC COMMENT ON CLOSED SESSION ITEM - None.
ADJOURN TO CITY COUNCIL CONFERENCE ROOM
CONVENE INTO CLOSED SESSION
The City Council convened in Closed Session at 8:22 p.m., to consider the matter listed above.
RECONVENE TO CITY COUNCIL CHAMBERS
The City Council reconvened in regular session at 10:47 p.m., in the City Council Chambers.
CLOSED SESSION REPORT
Gregory Simonian, City Attorney, indicated there was no reportable action taken as a result of the Closed Session Agenda item.
ADJOURNMENT
Mayor Holloway adjourned the meeting in honor and memory of Madden Ohlwiler and in respect to his parents, Kyle and Hayley Ohlwiler, at 10:47 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, April 26, 2023, at 7:00 p.m., in the City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.
UHolevar
JERRY HOLLOWAY MAYOR
PREPARED BY:
Numy Diaz
Approved: April 26, 2023
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