CITY COUNCIL
REGULAR MEETING
April 26, 2023
7:00
P.M.
REGULAR MEETING AGENDA
Location:
Rancho Santa Margarita City Hall, Council Chambers
22112 El Paseo, Rancho Santa Margarita, California 92688 Any person wishing to address the City Council on any matter, whether or not it appears on this Agenda, is asked to complete a "Speaker Request Form" available at the side table. The completed form is to be submitted to the City Clerk prior to the calling to order of the meeting or as soon as possible thereafter.
Per Council Policy 4.4, the Public Comments Period on items not on the agenda but within the City Council's subject matter jurisdiction shall not exceed (30) thirty minutes, and shall be divided into two equal segments on the regular meeting agenda, not to exceed 15 minutes each. Members of the public shall have three (3) minutes to speak during this comment period, however, a member of the public addressing the City Council on an issue within the subject matter jurisdiction of the City Council during the first segment of the Public Comments Period is prohibited from addressing the City Council on the same issue during the second segment of the Public Comments period. Additionally, the City Council is prohibited by law from discussing or taking any action on any matter not on the Agenda.
If you are commenting on a scheduled agenda Item, your comments will be heard during the time that the item is scheduled on the Agenda.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL MEMBERS:
Holloway, Jerry, Mayor
Gamble, Carol A., Mayor Pro Tempore
Beall, L. Anthony, Council Member
Figueroa, Anne D., Council Member
McGirr, Bradley J., Council Member
1. PRESENTATIONS AND PROCLAMATIONS
1.1 RSM CHAMBER OF COMMERCE – SCHEDULE OF FUTURE EVENTS AND REPORT
1.2 CERTIFICATES OF RECOGNITION – STUDENT RECOGNITION PROGRAM 1)
ST. JOHN’S EPISCOPAL SCHOOL ELEMENTARY DIVISION – JULIA PRICE AND MADDY KWAAN 2)
ST. JOHN’S EPISCOPAL SCHOOL MIDDLE DIVISION – SOPHIE HERBERT AND TIERAN MATE
1.3 CERTIFICATES OF RECOGNITION – SANTA MARGARITA CATHOLIC HIGH SCHOOL CIF SOUTHERN CALIFORNIA DIVISION 1 REGIONAL STATE GIRLS SOCCER CHAMPIONS
1.4 CERTIFICATES OF RECOGNITION – NATIONAL JUNIOR BASKETBALL RSM DIVISION, 5th GRADE BOYS, UNDEFEATED NATIONAL CHAMPIONS
2. SCHEDULE OF FUTURE EVENTS
2.1 FISCAL YEAR 2023/24 BUDGET DEVELOPMENT WORKSHOPS, LOCATED AT CITY HALL IN THE COUNCIL CHAMBERS – WEDNESDAY, MAY 10, 2023 FROM 4:00-6:30 P.M. AND TUESDAY, MAY 16, 2023 FROM 4:00-9:00 P.M.
2.2 SPLASH PAD OPENING DAY – SATURDAY, MAY 20, 2023 FROM 10:00 A.M.-1:00 P.M., LOCATED AT CENTRAL PARK
3. PUBLIC COMMENTS
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council. Public Comments are limited to three minutes per person and a time limit of fifteen minutes for this segment of the Public Comments portion of the Agenda.
4. CONSENT CALENDAR
(All matters on the Consent Calendar are to be approved in one motion unless a Council Member, staff or a member of the public, requests a separate action on a specific item on the Consent Calendar.)
4.1 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA RECOMMENDATION:
Waive reading in full of all ordinances on the agenda and declare 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 (Diaz)
RECOMMENDATION:
Approve the following Certificates of Recognition:
1)
Student Recognition Program:
a)
St. John’s Episcopal School Elementary Division – Julia Price and Maddy Kwaan b)
St. John’s Episcopal School Middle Division – Sophie Herbert and Tieran Mate 2)
Santa Margarita Catholic High School CIF Southern California Division 1 Regional State Girls Soccer Champions; and 3)
National Junior Basketball RSM Division, 5th Grade Boys, Undefeated National Champions.
Item No. 4.2
4.3 APPROVAL OF MINUTES (Diaz)
RECOMMENDATION:
Approve the April 12, 2023 City Council Regular meeting minutes.
Item No. 4.3
4.4 RECORDS MANAGEMENT - APPROVAL OF RESOLUTION OF AUTHORIZATION TO DISPOSE OF CERTAIN CITY RECORDS (ANNUAL RECORDS DESTRUCTION) (Diaz) RECOMMENDATION:
Adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY CLERK TO DISPOSE OF CERTAIN CITY RECORDS IN ACCORDANCE WITH THE CITY'S RECORD RETENTION SCHEDULE Item No. 4.4
4.5 APPROVAL OF WARRANT REGISTERS DATED APRIL 10, 2023 AND APRIL 17, 2023 (Turner) RECOMMENDATION:
Approve the warrant registers totaling $1,337,977.38.
Item No. 4.5
4.6 INVESTMENT REPORT FOR THE MONTH OF MARCH 2023 (Turner) RECOMMENDATION:
Receive and file the Investment Report for the month of March 2023.
Item No. 4.6
4.7 AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE FISCAL YEAR 2022-23 ANNUAL RESIDENTIAL OVERLAY PROJECT TO ALL AMERICAN ASPHALT, INC. IN THE AMOUNT OF $1,063,172.00 (Dugan) 1)
Approve the plans and specifications for the Fiscal Year 2022-23 Annual Residential Overlay Project; and 2)
Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA), as a Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; and 3)
Award a Public Works Construction Contract to the lowest responsive, responsible bidder All American Asphalt, Inc. of Corona, California, in the amount of $1,063,172.00, and reject all other bids; and 4)
Authorize the Mayor to execute the proposed Public Works Construction Contract.
Item No. 4.7
4.8 AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE FISCAL YEAR 2022-23 ANNUAL RESIDENTIAL SLURRY SEAL PROJECT TO PAVEMENT COATINGS CO. IN THE AMOUNT OF $220,910 (Dugan) 1)
Approve the plans and specifications for the Fiscal Year 2022-23 Annual Residential Slurry Seal Project; and 2)
Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA), as a Class 1 Existing Facilities, pursuant to CEQA Guidelines, Section 15301; and 3)
Award a Public Works Construction Contract to the lowest responsive, responsible bidder Pavement Coatings Co. of Jurupa Valley, California, in the amount of $220,910, and reject all other bids; and 4)
Authorize the Mayor to execute the proposed Public Works Construction Contract.
Item No. 4.8
4.9 PROPOSED AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH HARTZOG & CRABILL, INC., FOR THE PROVISION OF CONTINUED TRAFFIC SIGNAL OPERATIONS MANAGEMENT SERVICES AND ON-CALL PROFESSIONAL TRAFFIC ENGINEERING CONSULTING SERVICES (Dugan) 1)
Approve proposed contract Amendment No. 1 with Hartzog & Crabill, Inc., to extend the term of the current professional services agreement through June 30, 2025, and to increase the total contract amount by $90,620, in order to account for the two-year term extension; and 2)
Authorize the Mayor to execute the proposed Amendment No. 1 to the professional services agreement with Hartzog & Crabill, Inc., for continued Traffic Signal Operations Management Services and On-Call Professional Traffic Engineering Consulting Services.
Item No. 4.9
4.10 PROPOSED AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH URBAN CROSSROADS, INC., FOR THE PROVISION OF CONTINUED ON-CALL PROFESSIONAL TRAFFIC ENGINEERING CONSULTING SERVICES (Dugan) 1)
Approve proposed contract Amendment No. 1 with Urban Crossroads, Inc., to extend the term of the current professional services agreement through June 30, 2025, and to increase the total contract amount to $535,000, by $214,000, in order to account for the two-year term extension; and 2)
Authorize the Mayor to execute the proposed Amendment No. 1 to the professional services agreement with Urban Crossroads, Inc., for continued On-Call Traffic Engineering Consulting Services.
Item No. 4.10
4.11 APPOINTMENT OF LABOR NEGOTIATOR
CITY MANAGER ANNUAL PERFORMANCE EVALUATION (Simonian)
RECOMMENDATION:
Pursuant to Government Code Section 54957.6, select and appoint Mayor Pro Tem Carol Gamble to serve as the City Council's designated representative for purposes of (a) facilitating the annual performance evaluation of the City Manager and (b) conducting labor negotiations with the City Manager, an unrepresented employee.
Item No. 4.11
ITEMS REMOVED FROM THE CONSENT CALENDAR
5. PUBLIC HEARING ITEMS
5.1 A PROPOSED RESOLUTION AMENDING THE CITY’S MASTER FEE SCHEDULE BY ADJUSTING CERTAIN GENERAL GOVERNMENT FEES AND OTHER CITY RATES, CHARGES, AND USER FEES FOR VARIOUS GOVERNMENT SERVICES BASED ON THE INCREASE IN THE CONSUMER PRICE INDEX (Turner) 1)
Receive staff presentation and report.
2)
City Council questions of staff.
3)
Open the public hearing.
4)
Receive public testimony.
5)
Close the public hearing.
6)
City Council discussion and deliberation.
7)
Approve and adopt a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, AMENDING THE MASTER FEE SCHEDULE BY ADJUSTING CERTAIN FEES AND OTHER CITY RATES, CHARGES, AND USER FEES FOR VARIOUS GOVERNMENT SERVICES BASED ON THE INCREASE IN THE CONSUMER PRICE INDEX (CPI) AND FINDING THAT THE ACTION IS STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER SECTION 15273 OF THE CEQA GUIDELINES AND PUBLIC RESOURCES CODE SECTION 21080(B)(8) Item No. 5.1
6. CONTINUED ITEMS
7. NEW BUSINESS
8. PUBLIC COMMENTS
This is the time to address the City Council on any matter not listed on this Agenda that is within the subject matter jurisdiction of the City Council. Public Comments are limited to three minutes per person and a time limit of fifteen minutes for this segment of the Public Comments portion of the Agenda.
9. CITY MANAGER REPORT
10. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS
10.1 COMMITTEE ASSIGNMENT REPORTS
RECOMMENDATION:
Receive an Oral Report on the following City Council Committee Assignment:
1)
FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES (Council Member Beall) – April 13, 2023 Meeting
10.2 COUNCIL MEMBER REPORTS/COMMENTS
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 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Government Code Section 54956.9: (1 potential case).
Receipt of Claim for Damages filed on April 10, 2023 by the Vedanta Society of Southern California, Inc. ("VSSC") against the City of Rancho Santa Margarita alleging breach of contract related to the 2014 Temporary Right of Entry License / Permit to Enter and Use of Property ("Agreement"); and threat of litigation served by VSSC attorney Anthony Kornarens, dated January 26, 2023, alleging breach of contract related to the Agreement.
11.2 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957(b)(1)
Public Employee Title: City Manager - Annual Performance Evaluation
11.3 CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Carol Gamble, Mayor Pro Tem
Unrepresented Employee: Jennifer M. Cervantez, City Manager
PUBLIC COMMENT ON CLOSED SESSION ITEMS
ADJOURN TO CITY COUNCIL CONFERENCE ROOM
CONVENE INTO CLOSED SESSION
The City Council will convene in Closed Session, to consider the matters listed above.
RECONVENE TO CITY COUNCIL CHAMBERS
The City Council will reconvene in regular session, in the City Council Chambers.
CLOSED SESSION REPORT
City Attorney to announce whether any reportable action was taken on any matters considered during Closed Session.
12. NEW BUSINESS (CONTINUED)
12.1 CONSIDERATION OF COMPENSATION FOR CITY MANAGER (Simonian) RECOMMENDATION:
Following completion of the annual performance evaluation of the City Manager, the City Council will take such action as it so determines.
ADJOURNMENT
The next Regular Meeting of the City Council will be held Wednesday, May 10, 2023, at 7:00 p.m. in the City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.
CERTIFICATION
I, AMY DIAZ, City Clerk of the City of Rancho Santa Margarita, do hereby certify that a copy of the foregoing Agenda was posted at Rancho Santa Margarita City Hall, Fire Station No. 45, and Trabuco Canyon Water District on April 21, 2023, by 6:00 p.m.
_____________________________________________
AMY DIAZ, CITY CLERK
______________________________
DATE
Disabilities Act
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (949) 635-1800. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Staff Reports
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 22112 El Paseo, Rancho Santa Margarita, California, during normal business hours.