January
CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
November 8, 2023
The meeting was called to order at 7:04 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; Stetanie Turner, Finance Director; Mihaela Kennedy, Captain; Amy Diaz, City Clerk.
SCHEDULE OF FUTURE EVENTS
Jennifer M. Cervantez, City Manager, announced the following:
1.1 VETERANS DAY HOLIDAY - FRIDAY, NOVEMBER 10, 2023 - CITY HALL CLOSED
1.2 NOVEMBER 22, 2023 CITY COUNCIL MEETING CANCELED
1.3 THANKSGIVING HOLIDAY - THURSDAY, NOVEMBER 23, 2023 AND FRIDAY, NOVEMBER 24, 2023 - CITY HALL CLOSED
PRESENTATIONS AND PROCLAMATIONS
Mayor Holloway invited Mayor Pro Tempore Gamble forward to present the following:
2.1 CERTIFICATE OF RECOGNITION - BUSINESS RECOGNITION TO HAUTE CAFE & MARKET
2.2 CERTIFICATES OF RECOGNITION - COMMUNITY EMERGENCY RESPONSE TEAM CLASS #1 MEMBERS
2.3 CERTIFICATES OF RECOGNITION - RSM CHAMBER OF COMMERCE FOR RANCHO FAMILY FEST 2023
Mayor Holloway, Mayor Pro Tempore Gamble and Orange County Supervisor Donald P. Wagner presented the following:
2.4 VETERANS DAY PRESENTATION
PUBLIC COMMENTS
The following individual submitted an eComment on matters within the jurisdiction of the City Council:
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Craig Van Doren, Dove Canyon resident, inquired if pop-up stands are legal.
Council Member Beall stated he has received many similar questions from residents regarding public health and safety concerns related to pop-up stands. Council Member Beall asked City Manager Cervantez or Gregory E. Simonian, City Attorney, to provide a brief response.
City Attorney Simonian noted that several years ago California Governor Jerry Brown signed Senate Bill 946 (SB 946) legalizing sidewalk vending. City Attorney Simonian noted that as a result, it significantly curtails the ability of cities to enact meaningful regulations to prohibit sidewalk vending; sidewalk vending is legal but none are legal if they are serving food and they do not have the proper health care agency permits; they have to be inspected and receive permits from the Orange County Health Care Agency; stated that the one sidewalk vendor in the City does not have the proper permitting, an enforcement action was taken and will continue to be taken; in the meantime the City will look into bringing an ordinance in the near future to enact certain regulations that are permissible within the confines of SB 946.
City Manager Cervantez stated the City has been working with the Health Care Agency and the Health Department and they have been out for vendors that do not have a permit; the County Health Department shared that there are no food vendors that serve hot food that have a permit in the County of Orange.
Mayor Holloway asked for a brief explanation on what happened when the Health Department came to the City recently.
Cheryl Kuta, Assistant City Manager, reported that the Health Department came out to the City along with three staff members, the City Code Enforcement Officer, three members of the City's Public Works staff, and the Orange County Sheriff's Department (OCSD); they confiscated the food and some of the equipment used, such as utensils and cooking materials, and were taken to the Health Department storage facility where they can be claimed by the vendor within 30 days with proper information and verification.
Mayor Holloway noted that City staff is doing as much as they can and with the assistance of Orange County Supervisor Donald P. Wagner, they were able to get the Health Department to respond quickly.
Mayor Pro Tempore Gamble believes this is a problem, they are not sanitary and not following the Health Department protocols and the public should be aware of that; the restaurants in the City are inspected and go to great lengths regarding sanitary conditions and bacteria control; she believes it is important that the public should know that these are not licensed in any way.
CONSENT CALENDAR
Mayor Pro Tempore Gamble moved, seconded by Council Member Figueroa to approve the Consent Calendar (Item Nos. 4.1 through 4.10).
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)
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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 AND PROCLAMATION Approved the following:
1) Certificate of Recognition - Business Recognition to Haute Cafe & Market; and 2) Certificates of Recognition - Community Emergency Response Team Class #1 Members; and
3) Certificates of Recognition - RSM Chamber of Commerce for Rancho Family Fest 2023; and
4) Proclamation in Commemoration of the 50t Anniversary of the Vietnam War.
4.3 APPROVAL OF MINUTES
Approved the October 11, 2023 City Council Regular meeting minutes.
4.4 APPROVAL OF WARRANT REGISTERS DATED OCTOBER 9, 2023 THROUGH OCTOBER 30, 2023
Approved the warrant registers totaling $1,708,699.33.
4.5 INVESTMENT REPORT FOR THE MONTH OF SEPTEMBER 2023
Received and filed the Investment Report for the month of September 2023.
4.6 APPROVAL OF ANNUAL MEASURE M ("M2") EXPENDITURE REPORT FOR FISCAL YEAR 2022/23
Adopted Resolution No. 23-11-08-01 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, APPROVING THE MEASURE M2 ("M2")
EXPENDITURE REPORT FOR FISCAL YEAR 2022/23 FOR THE CITY OF
RANCHO SANTA MARGARITA, CALIFORNIA
4.7 APPROVAL OF A CONSULTING SERVICES AGREEMENT WITH INFINITY
TECHNOLOGIES FOR INFORMATION TECHNOLOGY CONSULTING SERVICES 1) Approved a proposed Consulting Services Agreement with Infinity Technologies for Information Technology Consulting Services for a three-year initial term with an optional two-year extension in the total not-to-exceed contract amount of $390,411; and
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City Council Regular Meeting Minutes November 8, 2023
2) Authorized the Mayor to execute the proposed Consulting Services Agreement with Infinity Technologies for Information Technology Consulting Services.
4.8 AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE FISCAL YEAR 2022/23 ANTONIO PARKWAY PAVEMENT REHABILITATION PROJECT TO ALL AMERICAN ASPHALT, INC. IN THE AMOUNT OF $358,703.00
1) Approved the plans and specifications for the Fiscal Year 2022/23 Antonio Parkway Pavement Rehabilitation 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 $358,703.00, and reject all other bids; and
4) Authorized the Mayor to execute the proposed Public Works Construction Contract.
4.9 APPROVAL OF PROPOSED PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM INFRASTRUCTURE GROUP, INC. FOR CIVIL ENGINEERING PAVEMENT
MANAGEMENT SERVICES
1) Approved a proposed Professional Services Agreement with Bucknam Infrastructure Group, Inc. for pavement management services for a three-year term at a total not-to- exceed contract amount of $54,790; and
2) Authorized the Mayor to execute the proposed Professional Services Agreement with Bucknam Infrastructure Group, Inc.
4.10 APPROVE A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR SENATE BILL 1383 (SB1383) LOCAL ASSISTANCE GRANT PROGRAM THROUGH
THE DEPARTMENT OF RESOURCES, RECYCLING AND RECOVERY (CALRECYCLE) 1) Adopted Resolution No. 23-11-08-02 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA
MARGARITA, CALIFORNIA, AUTHORIZING SUBMITTAL OF CALRECYCLE
INDIVIDUAL GRANT APPLICATIONS FOR ALL CALRECYCLE GRANT
PROGRAMS FOR WHICH THE CITY OF RANCHO SANTA MARGARITA IS
ELIGIBLE
2) Authorized the City Manager or their designee to execute all grant-related documents and administer the grant for which the City of Rancho Santa Margarita is eligible.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None.
PUBLIC HEARING ITEMS - None.
CONTINUED ITEMS - None.
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NEW BUSINESS - None.
PUBLIC COMMENTS - None.
CITY MANAGER REPORT
9.1 RANCHO SANTA MARGARITA HISTORICAL ITEMS CATALOG AND DISPLAY Mayor Holloway introduced City Manager Cervantez who provided a brief overview of the staff report.
Mayor Holloway noted that there are many historical items in a short period of time since incorporation; is in favor with staff forwarding this process and to discuss the financial aspect at a later time; inquired if there are a number of cities that have a historical room, office or area.
Council Member McGirr believes this is a great idea and believes it is long overdue; also noted there are many items that have been given to the City; was heartened to hear City Manager Cervantez mention Richard Reese so that people recognize the fact that he was involved with the creation and growth of the community; noted he remembers the concerts at the original Haute Cafe; Council Member McGirr noted he is in favor of the item but is concerned for finding the space that will be needed for the display.
Mayor Pro Tempore Gamble noted that one of the beautiful things about the City are the little things that we can do to introduce a sense of community; stated she loves the idea of displaying the historical items.
Council Member Figueroa concurs with her colleagues and believes it is important to preserve the history of the City; thanked the residents that were involved with the planning of the Cityhood who have donated items; encouraged residents to submit any memorabilia they may want to contribute.
City Manager Cervantez stated the City would love any items that residents may want to contribute.
Council Member Beall expressed his support for the item; noted he met a family this evening and they expressed their love for living in the City; loves the idea of sharing and educating the community with the historical items.
The City Council received and filed the report and provided direction to City Manager Cervantez.
10. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS
10.1 COMMITTEE ASSIGNMENT REPORTS
Received Oral Reports on the following City Council Committee Assignments:
1) FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES
Council Member Beall reported he attended the Foothill/Eastern Transportation Corridor Agencies (TCA) meeting held on October 12, 2023. Council Member Beall 5 City of Rancho Santa Margarita
City Council Regular Meeting Minutes November 8, 2023
reported the TCA received their annual financial audits. Council Member Beall noted that the tolls, fees and fines earned in the last fiscal year totaled $212 million dollars, a
6.5 year over year percentage increase. Council Member Beall reported the TCA received their annual customer service update which the agency maintained an "A" rating in customer satisfaction.
2) ORANGE COUNTY FIRE AUTHORITY
Mayor Pro Tempore Gamble reported she attended the Orange County Fire Authority (OCFA) meeting held on October 26, 2023. Mayor Pro Tempore Gamble reported that in October of 2023, the OCFA received 19,864 calls pertaining to 15,045 incidents, which is a 4 percent increase from the previous year. Mayor Pro Tempore Gamble noted that many of the calls were answered by the thirteen new dispatchers who recently graduated from the largest Dispatcher Academy in OCFA history; under the guidance of their trainers and with the support of the entire staff of the Emergency Command Center, the trainees were integral to dispatching the appropriate response of nearly 500 incidents per day. Mayor Pro Tempore Gamble applauds the new dispatchers for the work.
10.2 COUNCIL MEMBER REPORT/COMMENT
Mayor Pro Tempore Gamble thanked Wendi Redington, Community Services Manager, Gamble shared that it is disconcerting as the years go by that some familiar faces no longer attend and staff has lost contact with them; as Veterans age out we know they are in a better place. Mayor Pro Tempore Gamble noted that this is an important celebration to the City because it is part of the history of the nation and the families.
Mayor Holloway shared that it is always good to see the Veterans and noted that the numbers were smaller this year; thanked staff for the Veterans Day recognition. Mayor Holloway spoke regarding eBikes and expressed his appreciation towards the OCSD for always being diligent and doing as much as they can regarding eBikes.
ADJOURNMENT
Mayor Holloway adjourned the meeting at 8:10 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, December 13, 2023, at 7:00 p.m., in the City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.
CARÓL/A. GAMBLE, MAYOR
PREPARED BY:
Approved: December 13, 2023