CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
February 28, 2024
The meeting was called to order at 7:07 p.m. in the Council Chambers. Present: Mayor Carol A Gamble, Mayor Pro Tempore Bradley J. McGirr, Council Members L. Anthony Beall and Jerry Holloway (4). Absent: Council Member Figueroa (1 ). The Salute to the Flag was led by Mayor Pro Tempore McGirr.
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 E-BIKES SAFETY COURSE - SATURDAY, MARCH 16, 2024 FROM 10:00 AM. TO 12:30 P.M., LOCATED AT THE BELL TOWER REGIONAL COMMUNITY CENTER
1.2 ELECTRONIC WASTE DISPOSAL AND DOCUMENT SHREDDING - SATURDAY, MARCH 30, 2024, FROM 8:00 AM. TO 12:00 P.M. , LOCATED AT APPLIED MEDICAL'S R100 BUILDING PARKING LOT
2. COUNCIL MEMBER COMMENTS/REPORTS
2.1 COUNCIL MEMBER COMMENTS - None.
2.2 COMMITTEE ASSIGNMENT REPORTS
Received an Oral Report on the following City Council Committee Assignment:
1) FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES
Council Member Beall announced he had no further update for Foothill/Eastern Transportation Corridor Agencies (TCA) meeting.
3. PRESENTATIONS AND PROCLAMATIONS
Mayor Gamble and Mayor Pro Tempore McGirr presented the following :
3.1 CERTIFICATES OF RECOGNITION-STUDENT RECOGNITION PROGRAM 1) CIELO VISTA ELEMENTARY SCHOOL - ALICE ALONSO AND BRANDON
RECINOS
2) LAS FLORES K-8 SCHOOL- SOPHIA LI AND AUSTIN ZHAO
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4. PUBLIC COMMENTS
Mayor Gamble announced the following eComments received:
Breanna Boyle, regarding the Boys and Girls Club.
Kelley Dolan, regarding the Boys and Girls Club.
Linda, regarding the Boys and Girls Club.
February 28, 2024
Mayor Gamble asked Gregory E. Simonian, City Attorney, to opine regarding how Council can ask clarifying questions of staff and from the speakers.
City Attorney Simonian stated with respect to non-agendize matters, such as public comments, state law does authorize city council members to briefly respond to statements made, or ask clarifying questions, or make a brief announcement, or make a brief report about their own activities, or provide a reference to staff or other resources or factual information, which is from the Brown Act.
The following individuals addressed the Council on matters within the jurisdiction of the City Council:
J. Alan Schuman, Ph.D., spoke regarding the conversion of the Boys and Girls Club location to a museum and noted that the need for activities for the youth is important to the City.
Vanesa Alonso, City of Rancho Santa Margarita resident, expressed her support for the Boys and Girls Club and asked that an item be placed on an agenda so it can be discussed.
Janet Henry, City of Rancho Santa Margarita resident, asked the City Council to consider placing an item on an agenda so that the Council and the community can discuss the Boys and Girls Club together.
Patty Ebel, City of Rancho Santa Margarita resident, asked the City Council to place the Boys and Girls Club on an agenda so that the community can have a discussion; noted her disappointment that she could not meet with the Mayor and City Manager yesterday.
Mayor Gamble asked the City Manager Cervantez to opine on yesterday's meeting.
City Manager Cervantez noted that yesterday there was a meeting scheduled between a resident, Mayor Gamble and herself. City Manager Cervantez shared that they were available and willing to meet but unfortunately were not prepared for a group meeting or a community discussion, and noted that the meeting was cut short by the participant.
Mayor Gamble shared that the resident reached out to City Manager Cervantez and herself for a phone call but they ultimately decided on an in-person meeting; staff extended the invitation to the resident and the resident confirmed her attendance only.
Laura Lunn, City of Rancho Santa Margarita resident, stated many people depend on reliable, safe and affordable child care; believes the Boys and Girls Club deserves a public hearing; hopes the Council will consider putting this topic on an agenda so it can be given its proper attention. 2 City of Rancho Santa Margarita
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Ali Hemmatabadi, City of Rancho Santa Margarita resident, expressed his support for the Boys and Girls Club; inquired why the City Council wants to close the Boys and Girls Club; asked what the space will be used for and why is it not on an agenda to be voted on.
Harmony Warren, City of Rancho Santa Margarita resident, thanked Council Member Holloway for his time and response to her email regarding the Boys and Girls Club; noted she would like to see more transparency and communication regarding the Boys and Girls Club.
Chris McLaughlin, City of Rancho Santa Margarita resident, believes the Boys and Girls Club lease should be renewed; noted he is not opposed to a museum but would prefer items be displayed on the civic center walls; shared he is opposed to the lack of transparency.
Anastasia Surch, City of Rancho Santa Margarita resident, spoke regarding the Boys and Girls Club; her opposition to spending $300,000 on a museum; and requested to have all these matters placed on an agenda for discussion; shared regarding the meeting she had scheduled with the Mayor and City Manager.
Mayor Gamble for point of clarification noted that the Boys and Girls Club is scaled for 100 students; inquired what the current enrollment is for the Boys and Girls Club.
City Manager Cervantez stated that she is unaware of the current enrollment, however, the average daily attendance for the past year, according to the Boys and Girls Club, is 60 students.
City Manager Cervantez shared that the facility is capped at 100 students and the participation has decreased to an average of 60 daily students.
Anastasia Surch approached the podium and stated she objects to Mayor Gamble's comment regarding an expletive being said after the aforementioned meeting.
Mayor Gamble advised Ms. Surch that she is out of order and that if she continues to interrupt the meeting she will have her removed.
Mayor Gamble inquired if there were any further clarifications from the Council of staff.
Mayor Pro Tempore McGirr inquired if there is an income requirement to participate in the Boys and Girls Club of Capistrano Valley.
City Manager Cervantez noted she is not aware of an income or residency requirement and shared that students can participate from any school.
Council Member Holloway inquired if the Boys and Girls and Club have asked for a meeting with City staff.
City Manager Cervantez noted the Boys and Girls Club have not asked for a meeting with City staff but it is her understanding that they have requested a meeting of one or more Council Members. City Manager Cervantez noted she has extended an invitation to meet with the Boys and Girls Club but has not received a response.
Council Member Beall stated that with the declining average daily attendance and participation in the program, the City is still spending the same amount of money on an annual basis, $120,000 per year in support and in addition to providing the space at no cost. Council Member Beall inquired if the $120,000 covers all of the costs to run the Boys and Girls Club facility in the city. 3 City of Rancho Santa Margarita
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City Manager Cervantez confirmed the City has been providing $120,000 for 12 years, approximately $1.2 million. City Manager Cervantez noted that the Boys and Girls Club request for proposal costs them over $375,000 to run the club for 100 students.
Council Member Beall stated that some are suggesting that the Boys and Girls Club are being evicted, which is not the case, their existing contract will expire later this year.
City Manager Cervantez confirmed that the Boys and Girls Club is not being evicted and that their existing contract is under an automatic termination.
Council Member Holloway noted that it is roughly $2,000 per student that the City is paying for the Boys and Girls Club, asked how that compares with other cities that might fund their Boys and Girls Clubs.
City Manager Cervantez shared that there are many different Boys and Girls Clubs throughout the County, some receive no support from their cities, some have their own facilities that they have constructed themselves; in regards to the Boys and Girls Club of Capistrano Valley she believes they have two other cities; one provides a little more funding but with fewer students and their location is not at their City Hall; and the other provides significantly less funding to the club.
City Manager Cervantez noted she would have to get more information regarding the matter.
Council Member Holloway inquired if there are any current funding scenarios where the city provides an upwards of $2,000 per participant to organizations.
City Manager Cervantez noted the city does not provide $2,000 per participant to any other organization.
Mayor Gamble inquired if the Boys and Girls Club participants have to reside in the city.
City Manager Cervantez noted that the participants do not need to reside in the city to participate at the Boys and Girls Club.
Ken Dixon, City of Rancho Santa Margarita resident, expressed his support for the Boys and Girls Club; asked the Council to place an item on an agenda; and believes there is a lack of transparency, and in the absence of a discussion, there will be misinformation.
5. CONSENT CALENDAR
Council Member Beall requested Agenda Item No. 5.5 be removed from the Consent Calendar for further discussion.
Mayor Gamble moved, seconded by Council Member Beall to approve the Consent Calendar (Item Nos. 5.1 through 5.4 and 5.6 through 5.11 ).
The motion was approved by the following vote:
AYES: Council Members Beall, Holloway, Mayor Pro Tempore McGirr and Mayor Gamble (4) NOES: None (0)
ABSTAIN: None (0)
ABSENT: Council Member Figueroa (1)
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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 CERTIFICATES OF RECOGNITION
Approved the following Certificates of Recognition:
1) Student Recognition Program:
a) Cielo Vista Elementary School - Alice Alonso and Brandon Recinos; and b) Las Flores K-8 School - Sophia Li and Austin Zhao.
5.3 APPROVAL OF MINUTES
Approved the February 14, 2024 City Council Regular meeting minutes.
5.4 RECORDS MANAGEMENT - APPROVAL OF RESOLUTION OF AUTHORIZATION TO
DISPOSE OF CERTAIN CITY RECORDS (BUILDING PLANS DESTRUCTION) Adopted Resolution No. 24-02-28-01 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
5.6 ADOPTION OF A RESOLUTION ESTABLISHING FEES FOR SIDEWALK VENDING
PERMITS, SIDEWALK VENDING PERMIT RENEWALS, AND SIDEWALK VENDING
PERMIT APPEALS
Adopted Resolution No. 24-02-28-02 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA
MARGARITA, CALIFORNIA, ADOPTING SIDEWALK VENDING PERMIT
PROGRAM FEES, AMENDING THE CITY'S MASTER FEE SCHEDULE, 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(8)(8)
5.7 APPOINTMENTS TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC
SERVICE GRANTS ADVISORY COMMITTEE
1) Reappointed the eligible incumbent four (4) resident committee members to the Community Development Block Grant Public Service Grant (CDBG) Committee for a new two-year term, effective January 2024 and expiring December 2025, as follows:
Resident Members:
1. James R. Aced
2. Christine Belmonte
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3. AprilJosephson
4. Richard (Dick) Oakley
2) Appointed two (2) new resident committee members to the CDBG Committee for a new two-year term, effective January 2024 and expiring December 2025, as follows:
Resident Members:
1. Mikelle Daily
2. Lisa Matro
5.8 APPROVAL OF WARRANT REGISTERS DATED FEBRUARY 12, 2024 AND FEBRUARY 20, 2024
Approved the warrant registers totaling $1,562,415.42.
5.9 INVESTMENT REPORT FOR THE MONTH OF JANUARY 2024
Received and filed the Investment Report for the month of January 2024.
5.10 NOTICE OF COMPLETION FOR THE FISCAL YEAR 2023-2024 AMERICANS WITH
DISABILITIES ACT CURB RAMP INSTALLATION - COMMUNITY DEVELOPMENT
BLOCK GRANT PROJECT
1) Accepted the improvements for the Fiscal Year 2023-24 Americans with Disabilities Act Curb Ramp Installation - Community Development Block Grant 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.
5.11 REJECTION OF BIDS FOR THE MELINDA ROAD AT SANTA MARGARITA PARKWAY
ADDITIONAL LEFT TURN LANE PROJECT
1) Rejected all bids received for the Melinda Road at Santa Margarita Parkway Additional Left Turn Lane Project; and
2) Released the Contractor's bid bonds received for the Project.
ITEMS REMOVED FROM THE CONSENT CALENDAR
5.5 SECOND READING AND ADOPTION OF AN ORDINANCE ESTABLISHING A
SIDEWALK VENDING REGULATORY PROGRAM
Mayor Gamble invited the following individuals forward to address the Council on matters within the jurisdiction of the City Council:
Saga Conroy, Representative for Orange County Board of Supervisor Chairman Donald P. Wagner, expressed her support for the sidewalk vending ordinance on behalf of Orange County Supervisor Donald P. Wagner.
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Chris McLaughlin, City of Rancho Santa Margarita resident, inquired if the ordinance applies to Trump stands; inquired how the ordinance is enforced; disagreed with the ordinance requiring background checks and not allowing felons to sell items.
J. Alan Schuman, Ph.D., inquired if vendors need to have authorization to encroach upon a private parking lot for their customers; asked if business permit requirements will be extended beyond the street vendors and apply to other businesses; opposed street vending in residential areas.
City Attorney Simonian stated that state law Senate Bill 946 specifically preempts our ability to prohibit roaming sidewalk vending in residential districts, it has allowed us to ban stationary, but cities are required in state law to permit roaming.
City Manager Cervantez noted that the ordinance will apply to all vendors; shared that with respect to enforcement, Code Enforcement can work seven days a week, staff schedules them accordingly depending on what the needs are; shared that many cities in Orange County have been dealing with this issue, this item has been on city staff's radar for a number of years and the City Attorney has been working on an ordinance for staff to present to the City Council.
Council Member Holloway moved, seconded by Mayor Pro Tempore McGirr to approve the following staff recommendation:
Approved the second reading and adopted Ordinance No. 24-01 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:
NOES:
ABSTAIN:
ABSENT:
Council Members Beall, Holloway, Mayor Pro Tempore McGirr and Mayor Gamble (4)
None (0)
None (0)
Council Member Figueroa (1)
6. PUBLIC HEARING ITEMS - None.
Council Member Holloway left the City Council meeting at 8:22 p.m.
Council Member Holloway returned to the City Council meeting at 8:24 p.m.
7. NEW BUSINESS
7.1 CHILD SAFETY AND E-BIKES UPDATE BY THE RANCHO SANTA MARGARITA
POLICE SERVICES
Mayor Gamble introduced Captain Mihaela Kennedy who invited School Safety Deputy Dan Lee forward to provide a PowerPoint presentation.
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Mayor Gamble opened the item to Council questions of staff.
Mayor Pro Tempore McGirr inquired if schools are requiring proof of participation in the eBike classes before they can ride and park their bikes at school; noted that the Orange County Sheriff's Department (OCSD) have been working through the Saddleback Unified School District and asked if there are plans to work with the Capistrano Unified School District.
Council Member Holloway inquired regarding Project 529 to purchase two e-bikes for enforcement purposes; inquired regarding the registration of e-bikes/bicycles and if it is a requirement now; asked if students ride their e-bikes after school or during school; inquired regarding the 2023 statistics fore-bikes.
City Manager Cervantez noted that the recommendation for tonight is a receive and file; stated that Project 529 and the purchase of e-Bikes are a minimal cost and staff is evaluating the projects to see if they can be provided this year or next fiscal year.
Mayor Gamble inquired regarding the calls for service, and if there is a potential for a grant program fore-Bike tags to be issued to riders.
The City Council received and filed the presentation.
8. CONTINUED ITEMS
8.1 FURTHER DESIGN REVIEW FOR THE PROPOSED LANDSCAPING AT SR-241 AND
SANTA MARGARITA PARKWAY PROJECT, AND APPROVAL OF PROPOSED AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BGB DESIGN GROUP, INC., FOR CONTINUED PROFESSIONAL LANDSCAPE
ARCHITECTURAL DESIGN CONSUL TING SERVICES, AND ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT
PROGRAM BUDGET
Mayor Gamble introduced Tri Nguyen, Acting City Engineer, who provided a brief PowerPoint presentation.
Mayor Gamble invited Arthur Guy, Principal President of BGB Design Group Landscape Architects, forward to answer questions of the City Council.
Mayor Gamble opened the item to Council questions of staff.
Council Member Beall inquired regarding proposing to add little gem magnolia trees and asked if they are deciduous, inquired regarding the distance of the location of the monument sign from the roadway.
Council Member Holloway inquired regarding the plans notating the need for well-draining soil; asked if any soil amendments are included in the bid; is the entity purchasing the plants a commercial vendor; asked if the plants have a warranty; inquired regarding the cost for on-going maintenance; asked regarding the size of the rocks; asked if the irrigation will need to be increased; and inquired if any of the plants being proposed have an issue with high winds.
Mayor Gamble opened the item to Council discussion and deliberation. 8 City of Rancho Santa Margarita
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Mayor Pro Tempore McGirr noted he prefers the baja cresta rubble rock and suggested that the stone monument rock be placed before the directional sign.
Mayor Gamble inquired if the stone monument sign can be placed before a directional sign.
Council Member Holloway expressed his concerns with the project; inquired if any of the costs are being shared by Caltrans; what is Caltrans contributing to the project; believes the project is too much of a cost for the visibility of the project; his idea for the project was minimal landscaping; noted it is hard for him to support the project based on the cost and doesn't know if the payoff will be there. Council Member Holloway noted he supports the monument sign option but opposes the costs.
Council Member Beall noted his opinion is that the status quo is an eye sore, expressed his support for the project; supports the project because it is a benefit to the community; asked for clarification regarding staff's recommendation; supports any landscape theme as long as it is not a desert theme and supports Mayor Pro Tempore McGirr's rock selection.
Mayor Gamble noted she likes the rocks, does not want the theme to look like Arizona, likes the randomness of the plant material throughout the rock; likes the idea of having the rock because it is more cost efficient for irrigation; believes it is friendlier for bicycles in that area, supports the monument sign entering the City; inquired if there is a way to incorporate succulents; inquired with staff what the intended funding source is for the project.
City Manager Cervantez inquired regarding the Council's preference on the color of the rock.
Acting City Engineer Nguyen asked the City Council if staff can move forward with the engraved lettering for the monument as part of the final design in lieu of the metal City seal.
Arthur Guy, Principal President of BGB Design Group Landscape Architects, advocated for the monument sign to have both seal and lettering concepts.
Acting City Engineer Nguyen clarified that there is only one stone monument sign proposed for the exit and not the entrance.
Mayor Pro Tempore McGirr moved, seconded by Council Member Beall to approve staff's recommendation:
1) Reviewed the design concept for the proposed Landscaping at SR-241 and Santa Margarita Parkway Project; and
2) Provided input and direction regarding the design concept as appropriate; and 3) Adopted Resolution No. 24-02-28-03 entitled:
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, AMENDING THE FISCAL YEAR 2023-24 CAPITAL
IMPROVEMENT PROGRAM BUDGET TO INCLUDE ADDITIONAL
EXPENDITURES FOR THE LANDSCAPING AT SR-241 AND SANTA
MARGARITA PARKWAY PROJECT
4) Approved proposed Amendment No. 1 to the current Professional Services Agreement with BGB Design Group, Inc., to extend the term of the Agreement for an additional two years through October 10, 2026, and to increase the total not to exceed contract amount by $26,470 from $16,530 to $43,000 to provide site surveying, preparing final plans, specifications, and estimate, bid support, construction support, and permit allowance/contingency; and
5) Authorized the Mayor to execute proposed Amendment No. 1 to the Professional Services Agreement with BGB Design Group, Inc.
The motion was approved by the following vote:
AYES:
NOES:
Council Member Beall, Mayor Pro Tempore McGirr and Mayor Gamble (3) Council Member Holloway (1)
ABSTAIN: None (0)
ABSENT: Council Member Figueroa (1)
9. PUBLIC COMMENTS - None.
10. CITY MANAGER REPORT - None.
11. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS
Council Member Holloway noted he agrees that the proposed landscaping at SR-241 and Santa Margarita Parkway area is an eye sore, however, the increased vegetation and on-going costs and irrigation are a concern to him.
Mayor Gamble shared she had the pleasure of attending the Santa Margarita Little League opening ceremonies on Saturday, February 24th .
ADJOURNMENT
Mayor Gamble adjourned the meeting at 9:29 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, March 13, 2024, at 7:00 p.m., in the City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.
PREPARED BY:
AMY DIAZ, ljf Y CLERK J
Approved: March 13, 2024
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