CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEĘTING MINUTES
July 12, 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 L. Anthony Beall, Anne D. Figueroa and Bradley J. McGirr (5). Absent: None (0). The Salute to the Flag was led by Council Member Figueroa.
Staff Present: Jennifer M. Cervantez, City Manager; Gregory E. Simonian, City Attorney; Cheryl Kuta, Assistant City Manager/Development Services Director; Brendan Dugan, Public Works Director/City Engineer; Stefanie Turner, Finance Director; Mihaela Kennedy, Captain; Amy Diaz, City Clerk.
1. SCHEDULE OF FUTURE EVENTS
Jennifer Cervantez, City Manager, announced the following:
1.1 JULY 26, 2023 CITY COUNCIL MEETING CANCELED
1.2 SUMMER CONCERT SERIES, LOCATED AT CENTRAL PARK FROM 6:00 TO 8:00 P.M.:
SUNDAY, JULY 16 - BOOGIE STAR (70s/DISCO)
SUNDAY, JULY 23 - KELLY BOYZ (COUNTRY)
SUNDAY, JULY 30 - 80'z ALL STARS (80s)
SUNDAY, AUGUST 6 - YACHTY BY NATURE (YACHT ROCK)
SUNDAY, AUGUST 13 - THE MIGHTY UNTOUCHABLES (TOP 40/POP)
2. PRESENTATIONS AND PROCLAMATIONS - None.
PUBLIC COMMENTS
The following individual submitted an eComment to the Council on matters within the jurisdiction of the City Council:
Kevin Shaw, Dove Canyon resident, is grateful for the urgent care facility by Hoag located at the Dove Canyon Plaza. Mr. Shaw believes the urgent care facility is a valuable asset and expressed his appreciation to the City for making the project a reality.
The following individual addressed the Council on matters within the jurisdiction of the City Council:
Gus Alba, Trabuco Canyon resident, informed the City Council regarding a Santa Margarita Water District (SMWD) project near his home that has taken longer than anticipated to complete and asked the Council for some guidance although he is aware the project is not within the Council's jurisdiction.
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Mayor Pro Tempore Gamble inquired with Mr. Alba if he has attended any SMWD meetings to speak under public comments. Mayor Pro Tempore Gamble suggested Mr. Alba contact the SMWD Board Members.
Mayor Holloway thanked Mr. Alba for informing the Council and noted that the Council does not have jurisdiction over the project.
CONSENT CALENDAR
Mayor Pro Tempore Gamble moved, seconded by Council Member McGirr to approve the Consent Calendar (Item Nos. 4.1 through 4.7).
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 MINUTES
Approved the following:
1) June 28, 2023 City Council Special meeting minutes; and 2) June 28, 2023 City Council Regular meeting minutes; and 3) June 29, 2023 City Council Special meeting minutes.
4.3 APPROVAL OF WARRANT REGISTERS DATED JUNE 26, 2023 THROUGH JULY 3, 2023
Approved the warrant registers totaling $457,575.01.
4.4 APPOINTMENT OF DELEGATE AND ALTERNATES FOR THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
Appointed City Manager Jennifer M. Cervantez as the Voting Delegate and no Alternate Voting Delegate for the City of Rancho Santa Margarita for the League of California Cities Annual Conference.
4.5 FISCAL YEAR 2023/24 CAPITAL IMPROVEMENT PROGRAM CONFORMANCE WITH
THE GENERAL PLAN
Received and filed.
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4.6 APPROVAL OF PROPOSED AMENDMENT NO. 2 TO THE CURRENT
PROFESSIONAL SERVICES AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC., FOR CONTINUED ON-CALL PROFESSIONAL CIVIL ENGINEERING, BUILDING & SAFETY, PLAN REVIEW AND INSPECTION CONSULTING SERVICES 1) Approved proposed Amendment No. 2 to the current Professional Services Agreement with Charles Abbott Associates, Inc., for On-Call Professional Civil Engineering, Building & Safety, Plan Review and Inspection Consulting Services, which increases the total maximum not-to-exceed compensation amount by $300,000, from $1,455,000 to $1,755,000, at the same professional hourly rates and charges and under the same terms and conditions as established and set forth in the current Agreement, in order to provide continued Professional Civil Engineering, Building & Safety, Plan Review and Inspection Consulting Services; and 2) Authorized the Mayor to execute the proposed Amendment No. 2 to the Professional Services Agreement with Charles Abbott Associates, Inc.
4.7 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 - None.
CONTINUED ITEMS - None.
NEW BUSINESS - None.
8. PUBLIC COMMENTS - None.
9. 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
Mayor Pro Tempore Gamble reported she attended the Orange County Fire Authority (OCFA) meeting held on June 22, 2023. Mayor Pro Tempore Gamble reported the Board of Directors of OCFA unanimously approved the Memorandum of Understanding for both Fire Chief Officers Association and Managers Association; the Board of Directors also approved an updated Community Risk Reduction Fee Schedule. Mayor Pro Tempore Gamble noted the OCFA held three closed sessions performance reviews for OCFA Chief Brian Fennessy. Mayor Pro Tempore Gamble reported on the OCFA Emergency Command Center number of calls and services for June of 2023, and thanked the OCFA first responders.
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10.2 COUNCIL MEMBER REPORT/COMMENT
Council Member Figueroa thanked the City staff for a great summer concert and encouraged residents to attend.
Mayor Holloway thanked Wendi Redington, Community Services Manager, and Community Services staff for a great summer concert. Mayor Holloway wished Cur Stanley a happy birthday.
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 California Government Code Section 54956.9
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: (1 potential case: receipt of written notice threatening litigation from the Law Offices of Michelle R. Jackson alleging violation of the California Voting Rights Act.)
"Threat of Litigation Attached"
PUBLIC COMMENT ON CLOSED SESSION ITEM
The following individuals submitted eComments to the Council on matters within the jurisdiction of the City Council:
Cynthia Ashley, City of Rancho Santa Margarita resident, provided data from the Affirmatively Furthering Fair Housing Data & Mapping Resources that shows a segment of the city with low- medium segregation versus the rest of the City with high white segregation. Ms. Ashley noted the segregated area does not have an elected official who lives in the area and asked if there has ever been one. Ms. Ashley encouraged the City Council to not waste taxpayer dollars fighting district voting.
Anastasia Surch, City of Rancho Santa Margarita resident, also provided data from the Affirmatively Furthering Fair Housing Data & Mapping Resources that shows a segment of our city with low-medium segregation versus the rest of the City with high white segregation. Ms.
Surch noted the segregated area does not have an elected official who lives in the area and asked if there has ever been one. Ms. Surch urged the Council not to waste hard-earned taxpayer dollars fighting district voting.
ADJOURN TO CITY COUNCIL CONFERENCE ROOM
CONVENE INTO CLOSED SESSION
The City Council convened in Closed Session at 7:16 p.m., to consider the matters listed above. 4 City of Rancho Santa Margarita
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RECONVENE TO CITY COUNCIL CHAMBERS
The City Council reconvened in regular session at 9:15 p.m., in the City Council Chambers.
CLOSED SESSION REPORT
Gregory E. Simonian, City Attorney, reported the City Council convened in Closed Session pursuant to the authority identified on the agenda, conference with legal counsel anticipated litigation, as a result of the closed session there was no reportable action taken.
ADJOURNMENT
Mayor Holloway adjourned the meeting at 9:15 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, August 9, 2023, at 7:00 p.m., in the City Council Chambers, City Hall, PREPARED BY:
AMY DIAZ, CITY CLERK
Approved: August 9, 2023