CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
February 14, 2024
The meeting was called to order at 7:04 p.m. in the Council Chambers. Present: Mayor Carol A.
Gamble, Mayor Pro Tempore Bradley J. McGirr, Council Members L. Anthony Beall, Anne D. Figueroa and Jerry Holloway (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; 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 PRESIDENTS' DAY HOLIDAY- MONDAY, FEBRUARY 19, 2024- CITY HALL CLOSED
1.2 HEROES SUPPORTING HEROES, TIP A COP EVENT - TUESDAY, FEBRUARY 20, 2024, FROM 5:00 TO 9:00 P.M. LOCATED AT WOOD RANCH
2. COUNCIL MEMBER COMMENTS/REPORTS
2.1 COUNCIL MEMBER COMMENTS
Council Member Holloway highlighted the Orange County Sheriff's Department (OCSD) Facebook page and encouraged residents to follow their Facebook page for important information.
Mayor Pro Tempore McGirr reported that on January 7th there was a fire at the corner of Antonio Parkway and Avenida de las Banderas that resulted in two families losing everything. Mayor Pro Tempore McGirr shared that there are two GoFundMe pages dedicated to both Sherra Ewing and the Graves family; he encouraged anyone that would like to contribute to donate to the GoFundMe accounts.
2.2 COMMITTEE ASSIGNMENT REPORTS
Receive Oral Reports on the following City Council Committee Assignments:
1) FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES
Council Member Beall announced he attended the Foothill/Eastern Transportation Corridor Agencies (TCA) meeting held on December 14, 2023. Council Member Beall reported the TCA took action to enhance The Toll Roads' mobile app. Council Member Beall noted that the TCA mobile app was recognized by the International 1 City of Rancho Santa Margarita
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Bridge Tunnel and Turnpike Association for a Toll Excellence Award for the Technology category.
2) ORANGE COUNTY FIRE AUTHORITY
Mayor Gamble announced she attended the Orange County Fire Authority (OCFA) meeting held on January 25, 2024. Mayor Gamble reported on the January 2024 Call for Service statistics; the Emergency Communications Center received 19,680 calls for 15,589 incidents in our service area, with an average of 488 incidents per day.
Mayor Gamble reported that at the January 25th OCFA meeting, the Board had a swearing in ceremony for five of their canines as members of FEMA's Urban Search and Rescue squad. Mayor Gamble noted that the remainder of the January 25th meeting was Closed Session.
Mayor Gamble announced that January is Firefighter Cancer Awareness Month, and shared that OCFA started a new program that is free of charge to the Firefighters by providing a blood test to screen for 50 different types of cancer.
Mayor Gamble invited everyone to attend OCFA's annual Open House on Saturday, March 16th from 10:00 a.m. to 3:00 p.m. The event is held annually at the Regional Offices at 1 Fire Authority Road in Irvine; for more information one can visit OCFA.org or call (714) 573-6200.
Mayor Gamble shared a video from the OCFA regarding a Super Bowl Press Conference.
3) ORANGE COUNTY PUBLIC LIBRARY ADVISORY BOARD
Council Member Figueroa announced she attended the Orange County Public Library Advisory Board (LAB) meeting held on January 25, 2024. Council Member Figueroa reported that the Board held an orientation for new council members; and conducted the reorganization for the Board and was pleased and honored to be voted in as Chair for the LAB for 2024.
3. PRESENTATIONS AND PROCLAMATIONS
Mayor Gamble and Mayor Pro Tempore McGirr presented the following:
3.1 CERTIFICATE OF RECOGNITION - BUSINESS RECOGNITION TO BRITE IDEAS
4. PUBLIC COMMENTS
Mayor Gamble announced the following eComments received:
Christine Marinello, regarding the Council Meeting on Ash Wednesday.
Julie Agin, regarding the Boys and Girls Club.
Cindy Ashley, regarding the Boys and Girls Club.
Sarah Burt, regarding the Boys and Girls Club.
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Jeannine Carta-Hanson, regarding the Boys and Girls Club.
Kerry de Raad, regarding the Boys and Girls Club.
Kelley Dolan, regarding the Boys and Girls Club.
Nicole Eckert, regarding the Boys and Girls Club.
Janet Henry, regarding the Boys and Girls Club.
Simone lantorno, regarding the Boys and Girls Club.
Lisa Matro, regarding the Boys and Girls Club.
Christine McBride, regarding the Boys and Girls Club.
Christine Marinello, regarding the Boys and Girls Club.
Linda, regarding the Boys and Girls Club.
Matt Lovett, regarding the Boys and Girls Club.
Sandra, regarding the Boys and Girls Club.
Stacey Olson, regarding the Boys and Girls Club.
Carrie Prentice, regarding the Boys and Girls Club.
Sarah, regarding the Boys and Girls Club.
Jenna Vitta, regarding the Boys and Girls Club.
Sean Warren, regarding the Boys and Girls Club.
Justine White, regarding the Boys and Girls Club.
Shawn Gordon, regarding overgrown medians.
Chris McLaughlin, regarding repealing Ordinance No. 23-02.
February 14, 2024
The following individuals addressed the Council on matters within the jurisdiction of the City Council:
Ethan Murray, Representative with Senator Blakespears Office, provided a legislative update to the Council regarding the Senator's bill package for 2024.
Anastasia Surch, City of Rancho Santa Margarita resident, read an email she sent to the City Council regarding the Boys and Girls Club and the proposed museum.
Liz Labrador, City of Rancho Santa Margarita resident, advocated on behalf of the Boys and Girls Club to continue funding the club.
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Mayor Gamble announced that the Boys and Girls Club of the Capistrano Valley has a nine member Board of Directors; stated that the board members are expected and required to donate generously and assist in the solicitation of donations. Mayor Gamble shared that her husband has served on the Board of Directors for the past ten years and they have donated generously and have secured money for the Boys and Girls Club.
Michael Ebel, City of Rancho Santa Margarita resident, expressed his support for the Boys and Girls Club and requested an item on a future agenda to discuss the funding.
Mayor Gamble provided a point of clarification that the Boys and Girls Club was not evicted, she shared that the Boys and Girls Club has a contract with the City and the contract expires on June 30th . Mayor Gamble noted the City has an obligation to give the Boys and Girls Club 30-day's notice and the City met with the Boys and Girls Club in January.
Tammy Woolgar, City of Rancho Santa Margarita resident, asked that the Boys and Girls Club item be placed on the next Council meeting agenda so it can be discussed publicly; urged the City Council to reconsider their decision to remove annual funding allocated to the club.
Harmony Am Warren, City of Rancho Santa Margarita resident, shared her disappointment when she heard about the decision to not renew the lease with the Boys and Girls Club; strongly encouraged the Council to reconsider their decision and would like to see this item on an agenda.
Su Abhyankar, City of Rancho Santa Margarita resident, inquired why the decision was made to not renew the Boys and Girls Club lease and requested that an item be placed on the next Council meeting agenda so it can be discussed.
Breanna Paine, City of Rancho Santa Margarita resident, asked the City Council if they can answer why the Boys and Girls Club is not getting their lease renewed.
Chris McLaughlin, City of Rancho Santa Margarita resident, shared that if the Council chooses to not renew the Boys and Girls Club lease then the City Council should work with the club and families to discuss alternatives; believes the item should be agendized.
Christine Huebscher, City of Rancho Santa Margarita resident, shared she contacted the City and Boys and Girls Club for more information regarding the Boys and Girls Club contract; voiced her opposition and would like an item placed on the next meeting agenda so it can be discussed.
Mayor Gamble recessed the City Council meeting at 8:11 p.m.
Mayor Gamble reconvened the City Council meeting at 8:22 p.m.
5. CONSENT CALENDAR
Council Member Beall moved, seconded by Mayor Pro Tempore McGirr to approve the Consent Calendar (Item Nos. 5.1 through 5.8).
The motion was approved by the following vote:
AYES: Council Members Beall, Figueroa, Holloway, Mayor Pro Tempore McGirr and Mayor Gamble (5)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
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5.1 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.
5.2 APPROVAL OF A CERTIFICATE OF RECOGNITION
Approved a Certificate of Recognition for a Business Recognition to Brite Ideas.
5.3 APPROVAL OF MINUTES
Approved the January 24, 2024 City Council Regular meeting minutes.
5.4 APPROVAL OF WARRANT REGISTERS DATED JANUARY 22, 2024 THROUGH FEBRUARY 5, 2024
Approved the warrant registers totaling $1,223,264.81 .
5.5 NOTICE OF COMPLETION FOR THE FISCAL YEAR 2022-23 ANTONIO PARKWAY
PAVEMENT REHABILITATION PROJECT
1) Accepted the improvements for the Fiscal Year 2022-23 Antonio Parkway Pavement Rehabilitation Project; and
2) Authorized the City Clerk to file a Notice of Completion with the County of Orange Recorder's Office within fifteen (15) calendar days, as required by Section 9204 of the California Civil Code; and
3) Authorized the retention monies to be released thirty-five (35) days after the Date of Recordation of the Notice of Completion, if all Stop Notices have been resolved and all potential claims are settled.
5.6 NOTICE OF COMPLETION FOR THE CITY HALL UNINTERRUPTIBLE POWER
SUPPLY REPLACEMENT PROJECT
1) Accepted the improvements for the City Hall Uninterruptible Power Supply Replacement Project; and
2) Authorized the City Clerk to file a Notice of Completion with the County of Orange Recorder's Office within fifteen (15) calendar days, as required by Section 9204 of the California Civil Code; and
3) Authorized the retention monies to be released thirty-five (35) days after the Date of Recordation of the Notice of Completion, if all Stop Notices have been resolved and all potential claims are settled.
5.7 AWARD OF A PUBLIC WORKS CONSTRUCTION CONTRACT FOR THE FISCAL YEAR 2023-24 ANNUAL RESIDENTIAL OVERLAY PROJECT TO HARDY & HARPER, INC. IN THE AMOUNT OF $829,425
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1) Approved the plans and specifications for the Fiscal Year 2023-24 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 Hardy & Harper, Inc. of Lake Forest, California, in the amount of $829,425, and reject all other bids; and
4) Authorized the Mayor to execute the proposed Public Works Construction Contract.
5.8 PROPOSED PROFESSIONAL SERVICES AGREEMENT WITH DE NOVO PLANNING
GROUP TO PREPARE THE CITY'S LOCAL HAZARD MITIGATION PLAN UPDATE 1) Approved the proposed Professional Services Agreement with De Novo Planning Group to prepare the City's Local Hazard Mitigation Plan Update in a maximum notto-exceed contract amount of $98,500; and 2) Authorized the Mayor to execute the proposed Professional Services Agreement to prepare the City's Local Hazard Mitigation Plan Update.
ITEMS REMOVED FROM THE CONSENT CALENDAR - None.
6. PUBLIC HEARING ITEMS - None.
7. NEW BUSINESS
7.1 INTRODUCTION AND FIRST READING OF A PROPOSED ORDINANCE
ESTABLISHING A SIDEWALK VENDING REGULATORY PROGRAM
Mayor Gamble introduced Cheryl Kuta, Assistant City Manager/Development Services Director, who provided a brief PowerPoint presentation.
Mayor Gamble opened the item to Council questions of staff.
Council Member Holloway inquired regarding the Operational Regulations section under Non-Residential Zones within the ordinance; noted he has seen vendors on Santa Margarita Parkway and Plano Trabuco but inquired if there have been any other vendors in other locations throughout the City; clarified the operational hours on Santa Margarita Parkway near ln-N-Out; asked for further clarification regarding the requirement that they can be open as late as a business.
Gregory E. Simonian, City Attorney, noted that operational regulations come from state law; they want cities to only invoke the City requirements that are consistent with hours of the City residential community, the hours limitation within residential districts comes from the door-to-door solicitation ordinance currently in the Rancho Santa Margarita Municipal Code; and Senate Bill 946 dictates that hours be limited into the same hours that other commercial businesses on the same street in non-residential areas. 6 City of Rancho Santa Margarita
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Council Member Holloway inquired regarding the m1n1mum distance vendors must maintain from schools; inquired regarding ADA accessibility standards, including a minimum 4-foot wide sidewalk entrance requirement, and asked what the typical sidewalk width is on Santa Margarita Parkway; inquired regarding the process if a vendor violates the sidewalk requirements.
City Attorney Simonian explained that if a vendor were in violation then the process would include providing education and warning, leading to a potential administrative citation if they do not comply with the city's regulations.
Council Member Holloway clarified that in order for a vendor to get a sidewalk vending permit, would they also have to have a permit from the Orange County Health Department.
City Attorney Simonian further clarified that the vendor would have to show proof of a County Health permit.
Council Member Holloway inquired if there is an estimate regarding the number of street vendors in Orange County; asked where someone can apply for a California Sellers Permit Number.
City Attorney Simonian noted that vendors could apply for a California Sellers Permit Number through the California Department of Tax and Fee Administration.
Council Member Beall thanked staff for bringing this before the Council; expressed his primary concerns are the food vendors in the City because he believes they are threatening the health and welfare of the residents , noted there is a reason why the state has enacted these health and safety regulations, that all of the City based food businesses must comply with; noted that the ordinance would apply to sidewalk vending but shared that vendors have been setting up on private property, inquired if vendors would need the permission from a private landowner in order to operate on private property.
City Attorney Simonian stated that in order for vendors to operate on private property they would need the owner's permission, the ordinance does not apply to traditional private property settings such as a private park; there are situations where there are sidewalks that are publicly-owned, operated and maintained, but there are also in the City, privatelyowned, operated and maintained sidewalks where the ordinance would apply to those sidewalks because those meet the definition under state law of a public sidewalk or public pedestrian pathway.
Council Member Beall inquired if a vendor were to set up at an entryway to one of the City centers that is not a public sidewalk, what recourse do the property owners have to remove the vendors that operate without permission.
City Attorney Simonian noted that the property owners could pursue a private civil trespass action since it is private property.
Council Member Beall noted his concern regarding the limitation of the ordinance because these food vendors are already operating and ignoring the laws that are there to protect everyone. Council Member Beall shared that there are a series of penalties provided for by the ordinance and stated that anyone that operates in the City in violation of the 7 City of Rancho Santa Margarita
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ordinance would be facing administrative fines. Council Member Beall asked who would get cited if there were three people operating in a tent and inquired if there is a way to cite not only those selling the food on the sidewalk but also the owner of the operation.
City Attorney Simonian stated that if the City is able to identify the entity that is behind the illegal sidewalk vending, then the entity could also be cited.
Council Member Figueroa noted that the County of Orange Health Department on a weekly basis publishes restaurants that have been cited with violations and found that the number one violation is water that is insufficiently hot and the second is rodent droppings; shared that people can research what restaurants have violations to determine where to eat; noted that there is no way to research the local sidewalk food vendors to see if they have any violations. Council Member Figueroa shared that it is concerning to her that they do not have valid permits to operate.
Mayor Pro Tempore McGirr shared an NBC 4 News story regarding street vendors, noted that they interviewed the representative of the Orange County Health Care Agency; the representative shared that there could be hundreds of street vendors operating in Orange County and he shared that there were only six applicants for permits. Mayor Pro Tempore McGirr stated he believes in supporting the local businesses and businesses that employ the youth, noted that he does not support anyone that destroys the City's landscape and pours grease down the drains; expressed kudos to the City Attorney Simonian for drafting a comprehensive ordinance.
Mayor Gamble thanked City Manager Cervantez and City Attorney Simonian for drafting a comprehensive ordinance; noted that one of the things she finds most troubling is cooking with an open flame in a location considered ·to be a high fire area. Mayor Gamble encouraged everyone to contact the Governor regarding this manner.
Mayor Pro Tempore McGirr moved, seconded by Council Member Beall to approve the following staff recommendation:
Introduced for first reading, read by title only, and waived further reading of an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, ADDING NEW CHAPTER 4.04 (SIDEWALK VENDING) TO TITLE 4 (BUSINESS REGULATIONS) OF THE RANCHO SANTA
MARGARITA MUNICIPAL CODE ESTABLISHING A SIDEWALK VENDING
REGULATORY PROGRAM
The motion was approved by the following vote:
AYES: Council Members Beall, Figueroa, Holloway, Mayor Pro Tempore McGirr and Mayor Gamble (5)
NOES: None (0)
ABSTAIN : None (0)
ABSENT: None (0)
8. CONTINUED ITEMS - None.
9. PUBLIC COMMENTS - None.
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10. CITY MANAGER REPORT - None.
11. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS
Mayor Gamble commended the Public Works Department on a successful rainstorm season due to properly maintaining the gutters and catch basins within the City.
ADJOURNMENT
Mayor Gamble adjourned the meeting at 8:51 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, February 28, 2024, at 7:00 p.m., in the City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.
CAROL MBLE,MAYOR
PREPARED BY:
~ U·
AMY, DIAZ, ~ CLERK ~
Approved: February 28, 2024
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