NANCHO SAILIA
CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
April 26, 2023
The meeting was called to order at 7:00 p.m. in the Council Chambers. Present: Mayor Jerry Holloway, Mayor Pro Tempore Carol A. Gamble, Council Members Anne D. Figueroa and Bradley J. McGirr (4).
Absent: Council Member L. Anthony Beall (1). The Salute to the Flag was led by Council Member McGirr.
Staff Present: Jennifer M. Cervantez, City Manager; Gregory Simonian, City Attorney; Cheryl Kuta, Assistant City Manager/Development Services Director; 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 Josh Bastian, RSM Chamber of Commerce President, forward to present the following:
1.1 RSM CHAMBER OF COMMERCE - SCHEDULE OF FUTURE EVENTS AND REPORT Mayor Holloway and Mayor Pro Tempore Gamble presented the following:
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, 5* GRADE BOYS, UNDEFEATED NATIONAL CHAMPIONS
SCHEDULE OF FUTURE EVENTS
Jennifer Cervantez, City Manager, announced the following:
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
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City Council Regular Meeting Minutes April 26, 2023
PUBLIC COMMENTS - None.
CONSENT CALENDAR
Mayor Holloway removed Agenda Item No. 4.5 from the Consent Calendar for further discussion.
Council Member McGirr moved, seconded by Mayor Pro Tempore Gamble to approve the Consent Calendar (Item Nos. 4. 1 through 4.4 and 4.6 through 4.11).
The motion was approved by the following vote:
AYES: Council Members Figueroa, McGirr, Mayor Pro Tempore Gamble, Mayor Holloway (4) NOES: None (0)
ABSTAIN: None (0)
ABSENT: Council Member Beall (1)
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) 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, 5ü Grade Boys, Undefeated National Champions.
4.3 APPROVAL OF MINUTES
Approved the April 12, 2023 City Council Regular meeting minutes.
4.4 RECORDS MANAGEMENT - APPROVAL OF RESOLUTION OF AUTHORIZATION TO
DISPOSE OF CERTAIN CITY RECORDS (ANNUAL RECORDS DESTRUCTION) Adopted Resolution No. 23-04-26-01 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
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City Council Regular Meeting Minutes April 26, 2023
4.6 INVESTMENT REPORT FOR THE MONTH OF MARCH 2023
Received and filed the Investment Report for the month of March 2023.
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
1) Approved the plans and specifications for the Fiscal Year 2022-23 Annual Residential Overlay Project; and
2) Found 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) Awarded 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) Authorized the Mayor to execute the proposed Public Works Construction Contract.
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
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1) Approved the plans and specifications for the Fiscal Year 2022-23 Annual Residential Slurry Seal Project; and
2) Found 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) Awarded 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) Authorized the Mayor to execute the proposed Public Works Construction Contract.
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
1) Approved 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) Authorized 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.
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City Council Regular Meeting Minutes April 26, 2023
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) RECOMMENDATION:
1) Approved proposed contract Amendment No. 1 with Urban Crossroads, Inc., to extend the term of the current professional services agreement through June 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) Authorized 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.
4.11 APPOINTMENT OF LABOR NEGOTIATOR
CITY MANAGER ANNUAL PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957.6, selected and appointed 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.
ITEMS REMOVED FROM THE CONSENT CALENDAR
4.5 APPROVAL OF WARRANT REGISTERS DATED APRIL 10, 2023 AND APRIL 17, 2023 Mayor Holloway announced that the following individual submitted an eComment to the Council on matters within the jurisdiction of the City Council:
Chris McLaughlin, City of Rancho Santa Margarita resident, questioned the $2,500 payment to the County of Orange for three basketball games at Santa Margarita Catholic High School (SMCHS) in January and February; and inquired if the City is paying for extra security/traffic management for a local private school sporting event.
Mayor Holloway asked City Manager Cervantez to address the eComment.
City Manager Cervantez noted that all costs are fully reimbursed by SMCHS and there is no cost to the City whatsoever.
Mayor Pro Tempore Gamble moved, seconded by Council Member McGirr to approve the following staff recommendation:
Approved the warrant registers totaling $1,337,977.38.
The motion was approved by the following vote:
AYES: Council Members Figueroa, McGirr, Mayor Pro Tempore Gamble, Mayor Holloway (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Council Member Beall (1)
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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)
Mayor Holloway introduced Stefanie Turner, Finance Director, who provided a brief overview of the staff report.
Mayor Holloway opened the item to City Council questions of staff; there was none.
Mayor Holloway opened the public hearing to receive public testimony, seeing no one present to address the City Council; Mayor Holloway closed the public hearing.
Mayor Holloway opened the item to City Council discussion and deliberation.
Council Member Gamble thanked staff for doing a great job.
Mayor Pro Tempore Gamble moved, seconded by Council Member Figueroa to approve the following staff recommendation:
Approved and adopted Resolution No. 23-04-26-02 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) The motion was approved by the following vote:
AYES: Council Members Figueroa, McGirr, Mayor Pro Tempore Gamble, Mayor Holloway (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Council Member Beall (1)
CONTINUED ITEMS - None.
NEW BUSINESS - None.
PUBLIC COMMENTS - None.
9. CITY MANAGER REPORT - None.
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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
Mayor Holloway announced Council Member Beall is absent to report on the item.
10.2 COUNCIL MEMBER REPORT/COMMENT
Council Member McGirr reminded everyone to attend the Bradley Rofer Honor Walk fundraiser held at the lake on April 30, 2023, at 11:00 a.m.
Mayor Pro Tempore Gamble congratulated Mayor Holloway for a wonderful Meet the Mayor event held at Alza's Italian Kitchen.
Council Member Figueroa reported she attended the Orange County Library Advisory Board (LAB) meeting held on Thursday, April 20, 2023. Council Member Figueroa reported the LAB presented the Fiscal Year 2023/24 Budget, which came in at an increase from the previous fiscal year. Council Member Figueroa shared the 2022 Statistics.
Mayor Holloway spoke regarding the Meet the Mayor event and commended Principal Planner Starks for assisting with several questions.
11. CLOSED SESSION
ANNOUNCEMENT OF CLOSED SESSION ITEMS
The City Council convened 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. ("VSS") 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 6 City of Rancho Santa Margarita
City Council Regular Meeting Minutes April 26, 2023
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 ITEM - None.
ADJOURN TO CITY COUNCIL CONFERENCE ROOM
CONVENE INTO CLOSED SESSION
The City Council convened in Closed Session at 7:49 p.m., to consider the matter listed above.
RECONVENE TO CITY COUNCIL CHAMBERS
The City Council reconvened in regular session at 11:54 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 items.
12. NEW BUSINESS (CONTINUED)
12.1 CONSIDERATION OF COMPENSATION FOR CITY MANAGER
Mayor Holloway indicated the City Council completed the annual performance evaluation of the City Manager this evening in Closed Session. Mayor Holloway introduced Mayor Pro Tempore Gamble who noted that in recognition of the City Manager's exemplary performance, Mayor Pro Tempore Gamble moved, seconded by Council Member McGirr, to approve the following City Council recommendations:
(1) That the City Council approve and authorize a 5.3% increase in the City Manager's annual base salary, effective July 1, 2023; and
(2) That the City Council direct the City Attorney to prepare a ratifying resolution for approval by the City Council at the next regular meeting as required by the Cit Manager's Employment Contract
The motion was approved by the following vote:
AYES: Council Members Figueroa, McGirr, Mayor Pro Tempore Gamble, Mayor Holloway (4)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Council Member Beall (1)
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ADJOURNMENT
Mayor Holloway adjourned the meeting at 11:55 p.m., to the next regularly scheduled meeting of the City Council to be held on 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. • -000
PREPARED BY:
emy Dias
AMY DIAZ, CITY CLERK
Approved: May 10, 2023
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