CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
August 23, 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 McGirr.
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 LABOR DAY HOLIDAY, MONDAY, SEPTEMBER 4, 2023- CITY HALL CLOSED
1.2 PATRIOT DAY COMMEMORATION- MONDAY, SEPTEMBER 11, 2023 AT 6:15P.M.,
LOCATED AT THE CIVIC CENTER PLAZA
2. PRESENTATIONS AND PROCLAMATIONS- None.
3. PUBLIC COMMENTS
The following individual addressed the Council on matters within the jurisdiction of the City Council:
Chris Mclaughlin, City of Rancho Santa Margarita resident, stated that <~ccording to his calculations, he believes the City Council spent 10 hours in closed session meetings to discuss the potential lawsuit against the City; and spoke regarding Council Member Figueroa's comments regarding her Hispanic last name. Mr. Mclaughlin further stated that whether or not the City Council has any Hispanic representation is the whole point and believes the Council should have been discussing that issue; he also provided an overview of the latest election results; and noted he does not believe the City is racially polarized.
The following individual submitted an eComment on matters within the jurisdiction of the City Council:
Chris Mclaughlin, City of Rancho Santa Margarita resident, inquired if the City Council has read the California Voting Rights Act (CVRA); included a definition of what defines a violation and what determines racially polarized voting; inquired if the City Council has analyzed the City's voting history to determine if a Hispanic candidate has ran for the City Council. 1 City of Rancho Santa Margarita
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4. CONSENT CALENDAR
Mayor Pro Tempore Gamble moved, seconded by Council Member Figueroa to approve the Consent Calendar (Item Nos. 4.1 through 4.6).
The motion was approved by the following vote:
AYES: Council Members Beall, Figueroa, McGirr, Mayor Pro Tempore Gamble and 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 August 9, 2023 City Council Regular meeting minutes.
4.3 APPROVAL OF WARRANT REGISTERS DATED AUGUST 7, 2023 AND AUGUST 14, 2023
Approved the warrant registers totaling $1 ,716,438.72.
4.4 INVESTMENT REPORT FOR THE MONTH OF JULY 2023
Received and filed the Investment Report for the month of July 2023.
4.5 ADOPTION OF A RESOLUTION APPROVING THE CARRYOVER OF FISCAL YEAR 2022/23 APPROPRIATIONS AND AMENDING THE FISCAL YEAR 2023/24 CAPITAL
IMPROVEMENT PROGRAM BUDGET
Adopted Resolution No. 23-08-23-01 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA
MARGARITA, CALIFORNIA, APPROVING THE CARRYOVER OF CERTAIN FISCAL YEAR 2022/23 APPROPRIATIONS AND AMENDING THE FISCAL YEAR 2023/24 CAPITAL IMPROVEMENT PROGRAM BUDGET TO INCLUDE
THE CITY HALL AND BTRCC ENTRYWAY ENHANCEMENT PROJECT
4.6 PROPOSED PROFESSIONAL SERVICES AGREEMENT WITH KITTELSON & ASSOCIATES, INC. TO PREPARE A GENERAL PLAN CIRCULATION ELEMENT UPDATE
1) Approved a proposed Professional Services Agreement with Kittelson & Associates, Inc. for transportation planning and engineering consulting services for preparation of the General Plan Circulation Element Update, with a two-year term in the total maximum not to exceed contract amount of $1 06,350; and 2 ---. ~~--- -- ~---
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2) Authorized the Mayor to execute the proposed Professional Services Agreement with Kittelson & Associates, Inc. for General Plan Circulation Element Update services.
ITEMS REMOVED FROM THE CONSENT CALENDAR- None.
5. PUBLIC HEARING ITEMS- None.
6. CONTINUED ITEMS
6.1 DESIGN REVIEW FOR THE ANTONIO PARKWAY GATEWAY IMPROVEMENTS
PROJECT
Mayor Holloway introduced City Manager Cervantez who provided a brief overview of the staff report and introduced Patricia Trauth, Principal Landscape Architect, with Glenn A.
Rick Engineering and Development Co., who provided a PowerPoint presentation.
Mayor Holloway opened the item to City Council questions of staff.
Council Member Beall stated that the City is a planned community with a general aesthetic throughout the City and believes it is important to maintain the same aesthetic; he believes the red stamped concrete should be kept in the medians so that it is consistent with the remainder of the City. Council Member Beall inquired regarding the width of the red stamped concrete. Council Member Beall noted that with respect to the monument sign, he is a big fan of the sign and prefers not to scale it down and to keep it as previously designed. Council Member Beall had a question regarding the lighting in the median trees and inquired if there are any other medians with lights throughout the City.
Council Member Beall stated that given there are no other medians with lights throughout the City he is inclined to not include lighting.
Council Member Figueroa inquired if the consultant believes there are any concerns with the width of the median. Council Member Figueroa inquired about the project contingency and approximately how much would be used. Council Member Figueroa believes it is an important entry into the City and is anxious to having the project completed.
Mayor Pro Tempore Gamble inquired on the total cost of the three elements of the project.
Mayor Pro Tempore Gamble inquired what the size of the stamped concrete is in the portion of Antonio Parkway where there is a median. Mayor Pro Tempore Gamble noted she prefers the 3 feet plus 6 inch curb stamped concrete for the median in the noted area.
Mayor Pro Tempore Gamble noted she does not believe the median should be up lighted.
Mayor Pro Tempore Gamble noted her preference would be to move forward with the monument at $672,613 (contract costs), and median with the 3 foot stamped concrete on each side, plus 6 inch curb. Mayor Pro Tempore Gamble inquired why the electrical cost is $43,637 if there is no median lighting and would like to reexamine the amount.
Council Member McGirr noted that the monument looks great and is ready to get the monument project started as proposed. Council Member McGirr concurred with Council Member Beall regarding keeping the aesthetics consistent in regards to the median lighting; and noted he is in favor of the 2 foot stamped concrete on each side of the median to allow for more landscaping. Council Member McGirr would like the project to move forward to give a face lift to the City.
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Mayor Holloway inquired regarding the monument and median costs; quality of the soil and guarantee in reference to the life of the plants and trees; and inquired regarding the stability of the monument.
Mayor Pro Tempore Gamble noted she is opposed to lighting the median since there is no existing lighting on current medians, therefore, the inconsistency would be more noticeable; and noted that adding an ad-alternate would only increase the price and time of the project.
Council Member Figueroa clarified that she prefers the 3 foot stamped concrete on both sides of the median and would like to look at a cost for lighting the median.
Council Member Beall noted he is in favor of the 3 foot stamped concrete on each side of the median.
Council Member Beall moved, seconded by Council Member McGirr to approve staff's recommendation:
1) Proceed with the median with a 3 foot stamped concrete and no alternate bid item for lighting; and
2) Provided authorization to proceed with final median design and preparation of plans and specifications; and
3) Authorized staff to prepare a Resolution for City Council consideration to amend the Fiscal Year 2023-24 Capital Improvement Program (CIP) and CIP budget to include the gateway monument.
The motion was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
7. NEW BUSINESS
Council Members Beall, Figueroa, McGirr, Mayor Pro Tempore Gamble and Mayor Holloway (5)
None (0)
None (0)
None (0)
7.1 APPROVAL OF A PROPOSED MASTER SERVICES AGREEMENT WITH FLOCK GROUP, INC., FOR AN AUTOMATED LICENSE PLATE READER (ALPR) SYSTEM AND
SERVICES, AND APPROVAL OF A RESOLUTION AMENDING THE FISCAL YEAR 2023/24 OPERATING BUDGET
Mayor Holloway introduced City Manager Cervantez who provided a brief overview of the staff report.
Mayor Holloway invited forward Anton Benbalit, Territory Sales Manager with Flock Group, Inc. Mr. Benbalit stated that there are over 200 cities across California that are effectively using Flock.
Mayor Holloway opened the item to City Council questions of staff. 4 J
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Council Member McGirr asked for clarification that the ALPR system will not be utilized for traffic ticketing and only to monitor for crime related purposes; inquired if the 11 out of 13 Orange County Sheriff Department (OCSD) contract-partner cities use Flock cameras for their ALPR systems; believes it important to note that the Flock cameras would monitor both egress and ingress rather than Vigilant only covering egress traffic; and lastly inquired if the cameras will pick up 3 lanes.
Mayor Pro Tempore Gamble inquired if the solar camera systems have a backup battery for cloudy days; inquired how long the battery would sustain the operation of the cameras in the event of multiple cloudy days; noted she likes how Flock cameras face both egress and ingress traffic and if the surrounding cities are using the same system then there is compatibility and ability to track crimes.
Council Member Figueroa further clarified that the system is only reading the license plate and some of the area around the license plate and not people's faces; is in favor of the Flock system and asked for clarification on the replacement of damaged cameras; and noted she likes the idea of doing both the hardwired and solar options.
Council Member Beall asked for clarification from the City Attorney that the data would not be subject to any kind of public disclosure or inspection in connection to any matters unrelated to criminal acts.
Mayor Holloway noted that the cost of safety is not inexpensive and the safety of the res"1dents is the city's number one priority. Mayor Holloway asked Ch"1ef Kennedy to address how long the OCSD has used the Flock system and how the system would evolve. Mayor Holloway noted that the system will be reactive and proactive and shared his support of the system.
Council Member Beall moved, seconded by Council Member Figueroa to approve staff's recommendation:
1) Waived formal competitive bidding requirements and procedures set forth in the Rancho Santa Margarita Municipal Code (RSMMC) Section 3.07.060, and authorize the procurement of an Automated License Plate Reader (ALPR) system and services from Flock Group, Inc., as it is hereby found and determined, pursuant to RSMMC Section 3.07.070(2), Section 3.07.070(9), Section 3.07.070(1 0), and Section
3.07.070(11), that the proposed ALPR system procurement is exempt from the City's formal competitive bidding requirements and procedures based on the facts, findings, and information set forth herein by City staff; and
2) Approved the proposed Master Services Agreement with Flock Group, Inc. for the procurement of an Automated License Plate Reader (ALPR) system and related services for an initial two-year term in the total not to exceed contract amount of $153,150.00, and
3) Authorized the City Manager to execute the proposed Master Services Agreement with Flock Group, Inc.; and
4) Found and determined that the deployment of an Automated License Plate Reader System is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a 5 City of Rancho Santa Margarita
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project as defined in Section 15378) of the CEQA Guidelines, Cal. Code of Regs., Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment directly or indirectly; and
5) Adopted Resolution No. 23-08-23-02 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023/24
OPERATING BUDGET TO INCLUDE ADDITIONAL FUNDING FOR THE
AUTOMATED LICENSE PLATE READER PROGRAM
The motion was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members Beall, Figueroa, McGirr, Mayor Pro Tempore Gamble and Mayor Holloway (5)
None (0)
None (0)
None (0)
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) FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES
Council Member Beall reported he attended the Foothill/Eastern Transportation Corridor Agencies (TCA) meeting held on August 10, 2023. Council Member Beall reported that Ryan Chamberlain was officially hired as the new Chief Executive Officer of the TCA.
10.2 COUNCIL MEMBER REPORT/COMMENT
Council Member Figueroa commended the Community Services Department staff for a wonderful concert series. Council Member Figueroa thanked the RSM Rotary for hosting the beer and wine gardens at the summer concerts and for donating 500 backpacks for the Food Pantry. Council Member Figueroa also thanked Santa Margarita Toyota for purchasing 100 of the school supply kits. Council Member Figueroa commended RSM Cares for donating $10,000 to the Boys & Girls Club in RSM. Council Member Figueroa mentioned that the Rotary is in receipt of a new freezer for the Food Pantry and reported that the Rotary will be hosting a food drive for RSM Cares.
Mayor Pro Tempore Gamble proudly reported that the Orange County Fire Authority's (OCFA) Fire Chief, Brian Fennessy, was selected unanimously as the International Fire Chief of the Year. Mayor Pro Tempore Gamble congratulated Chief Fennessy and noted that it's a testimony to the Chief's innovation that he has brought to the OCFA. 6 City of Rancho Santa Margarita
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Mayor Holloway recognized the Orange County Sheriff's Deputies for all they do and asked City Manager Cervantez to provide an overview of the latest crime rate numbers.
ADJOURNMENT
Mayor Holloway adjourned the meeting at 8:20 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, September 13, 2023, at 7:00p.m., in the City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California. 7