CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
April 10, 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 Beall.
Staff Present: Jennifer M. Cervantez, City Manager; Gregory E. Simonian, City Attorney; Cheryl Kuta, Assistant City Manager/Development Services Director; Joe Parco, 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 NATIONAL PRESCRIPTION MEDICATION TAKE BACK DAY-SATURDAY, APRIL 27, 2024, FROM 10:00 A.M. TO 2:00 P.M., LOCATED AT THE CITY HALL PARKING LOT
2. COUNCIL MEMBER COMMENTS/REPORTS
2.1 COUNCIL MEMBER COMMENTS
Mayor Pro Tempore McGirr announced that the second annual Bradley Refer Foundation Honor Walk will be held on April 21, 2024, from 11 :00 a.m. to 2:00 p.m., located at the Rancho Santa Margarita Lake. Mayor Pro Tempore McGirr stated that the foundation will also honor Madden Ohlwiler.
2.2 COMMITTEE ASSIGNMENT REPORTS
Received an Oral Report on the following City Council Committee Assignment:
1) ORANGE COUNTY FIRE AUTHORITY
Mayor Gamble announced she attended the OCFA meeting held on March 28, 2024.
Mayor Gamble reported that the OCFA meeting consisted of general business matters and a closed session discussion. Mayor Gamble reported that regarding performance in the month of March, the OCFA Emergency Communication Center received 18,475 calls regarding 14,347 incidents for an average of 463 incidents per day. Mayor Gamble noted that the OCFA dispatches an appropriate response in an average of 57 seconds, which is better than the one minute and four second national standard.
Mayor Gamble thanked the men and women of OCFA for their outstanding service to the cities in Orange County and to the City of Rancho Santa Margarita. 1 City of Rancho Santa Margarita
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3. PRESENTATIONS AND PROCLAMATIONS
Mayor Gamble and Mayor Pro Tempore McGirr presented the following:
3.1 CERTIFICATES OF RECOGNITION-STUDENT RECOGNITION PROGRAM 1) RANCHO SANTA MARGARITA INTERMEDIATE SCHOOL - BLAKE SIDOTI AND
OLIVIA WARREN
3.2 CERTIFICATES OF RECOGNITION - SANTA MARGARITA CATHOLIC HIGH SCHOOL
SONG TEAMS, NATIONAL CHAMPIONS
4. PUBLIC COMMENTS
Mayor Gamble announced the following eComments received:
Trisha Wuich, regarding the Boys Scouts.
Julia A Gomez, regarding the California Voting Rights Act compliance.
Dennis Ulrich, regarding the lack of affordable internet access.
Shawn Gordon, regarding a museum proposal.
The following individuals addressed the Council on matters within the jurisdiction of the City Council:
Kenny Hrabik, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club and his opposition to a museum.
Ethan Murray, Representative with Senator Blakespear's Office, provided a brief legislative update and announced that tonight will be his last meeting.
5. CONSENT CALENDAR
Council Member Holloway moved, seconded by Council Member Figueroa to approve the Consent Calendar (Item Nos. 5.1 through 5.11).
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)
5.1 WAIVE READING IN FULL OF ALL ORDINANCES ON THE AGENDA 11 r
Waived reading in full of all ordinances on the agenda and declared that said titles which l I appear on the public agenda shall be determined to have been read by title and further ~ reading waived.
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5.2 APPROVAL OF CERTIFICATES OF RECOGNITION
Approved the following Certificates of Recognition:
1) Student Recognition Program:
April 10, 2024
a) Rancho Santa Margarita Intermediate School - Blake Sidoti and Olivia Warren; and
2) Santa Margarita Catholic High School Song Teams, National Champions.
5.3 APPROVAL OF MINUTES
Approved the March 27, 2024 City Council Regular meeting minutes.
5.4 APPROVAL OF WARRANT REGISTERS DATED MARCH 25, 2024 AND APRIL 1, 2024 Approved the warrant registers totaling $1,129,557.11.
5.5 STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2024/25 1) Conducted the annual review of the City's Statement of Investment Policy; and 2) Adopted Resolution No. 24-04-10-01 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, APPROVING THE FISCAL YEAR 2024/25
STATEMENT OF INVESTMENT POLICY AND DELEGATING INVESTMENT
AUTHORITY AND RESPONSIBILITY TO THE CITY TREASURER
5.6 PROPOSED DEPOSIT OF PUBLIC FUNDS AGREEMENT WITH THE BANK OF
SOUTHERN CALIFORNIA
1) Approved proposed Deposit of Public Funds Agreement with the Bank of Southern California with an Active Balance Agreement Limit of $17,000,000; and 2) Authorized the Mayor and the City Manager, as authorized signers at the bank, to execute proposed Deposit of Public Funds Agreement with the Bank of Southern California; and
3) Authorized the City Manager to deposit $5 million into a one-year certificate of deposit at an Annual Percentage Yield (APY) of 4.60% with the Bank of Southern California.
5.7 APPROVAL OF A PROPOSED PROFESSIONAL SERVICES AGREEMENT WITH
DAVIS FARR, LLP FOR FINANCIAL AUDIT AND ACCOUNTANT SERVICES FOR FISCAL YEARS ENDING JUNE 30, 2024, THROUGH 2028
1) Approved a proposed Professional Services Agreement with Davis Farr, LLP for financial audit and accountant services for Fiscal Years ending June 30, 2024, through 2028, in a maximum not-to-exceed contract amount of $169,891; and 3 City of Rancho Santa Margarita
City Council Regular Meeting Minutes April 10, 2024
6. 2) Authorized the Mayor to execute the proposed Professional Services Agreement for financial audit and accountant services with Davis Farr, LLP.
5.8 REJECTION OF BIDS FOR THE FISCAL YEAR 2023-24 FURNISH, DELIVER, AND
INSTALL SOLAR CROSSWALK LED SIGNS PROJECT
1) Rejected all bids received for the Fiscal Year 2023-24 Furnish, Deliver, and Install Solar Crosswalk LED Signs Project; and
2) Released the Contractor's bid bonds received for the Project.
5.9 APPROVAL OF AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH P2S, INC., FOR PROFESSIONAL ELECTRICAL ENGINEERING
AND LIGHTING DESIGN CONSULTING SERVICES FOR THE CITY HALL & BTRCC
INTERIOR LED LIGHTING CONVERSION PROJECT
1) Approved proposed Amendment No. 2 to the Professional Services Agreement with P2S, Inc., to increase the maximum contract amount by $7,001, from $35,910 to $42,911, in order to provide construction administration support and as-needed contingency, for the City Hall & BTRCC Interior LED Lighting Conversion Project; and 2) Authorized the Mayor to execute proposed Amendment No. 2 to the current Professional Services Agreement with P2S, Inc.
5.10 APPROVAL OF PROPOSED AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CHARLES ABBOTT ASSOCIATES, INC., TO PROVIDE
ON-CALL PROFESSIONAL CIVIL ENGINEERING, BUILDING & SAFETY, PLAN
REVIEW AND INSPECTION CONSULTING SERVICES
1) Approved proposed Amendment No. 3 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 a) extends the term of the agreement by two years through June 30, 2026, and b) increases the total maximum not-to-exceed compensation amount by $810,000, from $1,755,000 to $2,565,000 for a total seven-year contract term, 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. 3 to the Professional Services Agreement with Charles Abbott & Associates, Inc.
5.11 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.
PUBLIC HEARING ITEMS - None.
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7. NEW BUSINESS
7.1 CONTRACT YOUTH SERVICES PROVIDED BY THE BOYS AND GIRLS CLUBS OF
CAPISTRANO VALLEY AT THE BELL TOWER REGIONAL COMMUNITY CENTER Mayor Gamble introduced City Manager Cervantez who invited Wendi Redington, Community Services Manager, forward and both presented a PowerPoint presentation.
Mayor Gamble invited the following individuals forward to address the Council on matters within the jurisdiction of the City Council:
Beth Ewing, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Janice Frechette, City of San Juan Capistrano resident, spoke in support of the Boys and Girls Club.
Nicole Watson, Associate Executive Director for the Boys and Girls Clubs of Capistrano Valley, spoke in support of the Boys and Girls Club.
Mayor Gamble inquired with Ms. Watson why is the City of Rancho Santa Margarita costs are so high.
Ms. Watson noted that the BGCCV biggest challenge was the 15 month closure and the ability to grow back from the pandemic.
Mayor Gamble further inquired regarding the costs being higher in Rancho Santa Margarita in comparison to San Juan Capistrano and that the BGCCV is aware of the inequity.
Council Member Beall inquired with Ms. Watson regarding her plan to increase average daily attendance and how she has been trying to fill two unfilled budget positions, asked why the positions have not been filled to this point. Council Member Beall clarified what after school arrangements are at Tijeras Creek Elementary School.
Zachery Goldstock, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Sean Warren, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Council Member Holloway left the Council Chambers at 7:54 p.m. and returned to the Council Chambers at 7:56 p.m.
Dylan Saadaie, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Trina Brettmann, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Margaret Pitt, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
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Tammy Woolgar, City of Rancho Santa Margarita resident, spoke in support of the Boys ~1 and Girls Club.
Chris McLaughlin, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Owen Eagle, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Athena Zeramby, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Chelsea Saadaie, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Mark Talle, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Mayor Gamble recessed the City Council meeting at 8:39 p.m. for a brief break.
Mayor Gamble reconvened the City Council meeting in the Council Chambers at 8:50 p.m.
Catherine Huebscher, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Chiara Nole, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Jacqueline London, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Mateo Restrepo, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Janet Henry, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Gianna Labrador, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Richard Finkel, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Julie Agin, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Stephen Christensen, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Carrie Prentice, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
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Mayor Gamble announced the following eComments received:
Cindy Ashley, regarding the Boys and Girls Club.
Diane Bourassa, regarding the Boys and Girls Club.
Kathy Brandlin, regarding the Boys and Girls Club.
Sarah Burt, regarding the Boys and Girls Club.
Kathleen Carter, regarding the Boys and Girls Club.
Megan Finley, regarding the Boys and Girls Club.
Jennifer and Shady Ibrahim, regarding the Boys and Girls Club.
Chris lnano, regarding the Boys and Girls Club.
Chris Johnston, regarding the Boys and Girls Club.
Brendan Outhwaite, regarding the Boys and Girls Club.
Tarun and Bela Patel, regarding the Boys and Girls Club.
Dennis Ulrich, regarding the Boys and Girls Club.
Sean Warren, regarding the Boys and Girls Club.
April 10, 2024
Mayor Gamble invited the following individuals forward to address the Council on matters within the jurisdiction of the City Council:
Shayan Amiri, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Ali Hemmatabadi, City of Rancho Santa Margarita resident, spoke in support of the Boys and Girls Club.
Mayor Gamble opened the item to Council Member comments.
Council Member Beall noted that everyone in the City wanted to see the Boys and Girls Club (BGCCV) prosper, grow and thrive; shared that the information provided to the City by the BGCCV demonstrates that those hopes are not being realized. Council Member Beall stated that in his opinion, the continuation of the BGCCV contract in Rancho Santa Margarita, is not in the overall best interests of the City and all of its residents. Council Member Beall shared the City is paying more money for fewer children.
Council Member Beall noted his disappointment with the misleading misinformation that some have spread throughout the community, regarding a lack of transparency, which is false. Council Member Beall stated that on January 10, 2024, the City Council made a unanimous decision to allow the existing BGCCV contract to expire by its terms and to repurpose that space.
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Council Member Beall stated that there is a duty of elected City Council Members, and r·--1 they are elected to be careful stewards of taxpayers dollars.
Mayor Gamble recessed the City Council meeting at 9:29 p.m. due to disorderly conduct.
Mayor Gamble reconvened the City Council meeting in the Council Chambers at 9:30 p.m.
Council Member Beall noted that the City gave the BGCCV more than six month's notice that the contract would expire by July 13, 2024, which in his opinion is more than sufficient time to make other arrangements. Council Member Beall shared that he stands by the City Council's January 10th decision.
Mayor Pro Tempore McGirr noted that he would respectfully disagree that it would be irresponsible for a suggestion that the contract be extended. Mayor Pro Tempore McGirr noted that he is not interested in the City being in the bottom 40 percent of the cities that fund after-school programs.
Mayor Pro Tempore McGirr shared issues that were brought up in the staff report that are of great concern to him, more than one fourth of the BGCCV members are not residents of the City; there are fewer transportation offerings than San Juan Capistrano and Aliso Viejo; the taxpayers have paid over $1.4 million dollars since 2012 with no adjustment despite a 40 percent decrease in the number of members in the BGCCV.
Mayor Pro Tempore McGirr moved to extend the BGCCV contract to one year, so that the issues that he just noted and others can be addressed, so that staff can research alternative programs and research costs associated with operating our own after school program; and after six months determine if it will work or not.
Mayor Gamble asked Mayor Pro Tempore McGirr to consider restating his motion, and Mayor Pro Tempore McGirr moved to direct staff to extend the BGCCV contract to one year for the reasons already stated.
Council Member Holloway seconded Mayor Pro Tempore McGirr's motion.
Council Member Holloway shared his disappointed that the other members of the public left, and that the quality of the staff or the programs provided by the BGCCV is not in question, noted he spoke to Ms. Watson in detail to learn more about the BGCCV. Council Member Holloway shared his opinion that the costs per individual participant is high.
Council Member Holloway shared concerns that roughly fifty percent of RSM taxpayer dollars are being spent on BGCCV families that do not qualify for financial assistance.
Council Member Holloway noted he would be in favor of a 12 month BGCCV contract extension at the same funding level for the purpose of meeting with the BGCCV to see if costs can be reduced at a minimum of 15 percent; the mechanics of that would need to come from the BGCCV and not the City, the timeframe for a proposal from the BGCCV would be for no more than six months.
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Council Member Figueroa thanked everyone that reached out to her by email and for everyone that have attended the Council meetings. Council Member Figueroa thanked ll Ms. Watson for her letter dated March 25, 2024, and stated she appreciated her recognizing the City's contributions to the BGCCV. Council Member Figueroa inquired if the BGCCV has started the enrollment process for the summer session. Council Member Figueroa shared her concern regarding a six month notice. Council Member Figueroa 8 City of Rancho Santa Margarita
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noted she feels that the BGCCV needs more time so she is happy to support the one year extension or if they prefer to stay through the summer.
Mayor Gamble noted she appreciates her Council colleagues' remarks and she thanked the members of the public that came to express their point of view. Mayor Gamble believes that everyone has hoped that after funding the BGCCV for 12 years the BGCCV would be highly successful and flourish. Mayor Gamble shared that her husband has been on the BGCCV Board of Directors for over 10 years and during that time they have both volunteered, donated funds and successfully secured many donations for the club. Mayor Gamble shared that the nastiness and ugliness that she has heard from the community has been shocking, and she does not believe it represents the type of behavior that the club embraces.
Mayor Gamble shared that the key problems that the Council faces with the BGCCV is related to coming out of COVID when the State enacted and funded the Expanded Learning Opportunities Program (ELOP), allowing students to stay at the school they are attending for after school care. Mayor Gamble noted that much of the City's revenues are restricted funds, and also there is a gross disparity in the cost to the taxpayers in Rancho Santa Margarita for the club in the city compared to their location in San Juan Capistrano.
Mayor Gamble noted that what has occurred through time is the club has not grown here for purposes of what she believes is of the clubs own choice. Mayor Gamble believes that the fact that we haven't given opportunities to more schools for 12 years in Rancho Santa Margarita has created fewer attendees at the club.
Mayor Gamble made a friendly substitute motion to extend the BGCCV contract for one year at the exact cost as the City of San Juan Capistrano pays less the adjustment for the hours, seconded by Council Member Beall.
Mayor Pro Tempore McGirr shared he appreciates the friendly substitute motion but he does not think he will support it because it sets a flat fee, where it takes away any opportunity to resolve the issues they have already discussed. He remains concerned about the fact that the City of Rancho Santa Margarita taxpayers are funding children who don't live in the City.
Council Member Figueroa stated that a one year renewal at the amount the City has been paying is reasonable, and noted she agrees with Mayor Pro Tempore McGirr.
Council Member Holloway noted he is adamant of the six month process or less because if the Council is not satisfied with the numbers then the BGCCV will need to give people adequate notice.
City Council discussion and deliberation ensued regarding the Council's decision made at the January 10th Council meeting.
Mayor Gamble noted that her substitute motion was to offer the BGCCV a one year contract with free space as they have now in their existing location for the identical price that the City of San Juan Capistrano pays up to 100 attendees, which is $372 per attendee.
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Mayor Gamble took a roll call vote:
Mayor Gamble: Aye
Council Member Holloway: No
Council Member Beall: No
Council Member Figueroa: No
Mayor Pro Tempore McGirr: No
Motioh failed with a 1-4 vote.
Council Member Holloway clarified with Ms. Watson and Rob Redwitz, Area Council Chair with the BGCCV, regarding the proposed six month report to the Council, to which they agreed could be achieved.
City Council discussion and deliberation ensued regarding achieving parity in the cost of the taxpayers.
City Council discussion and deliberation ensued regarding the motion.
Mayor Pro Tempore McGirr revised his motion at $120,000 one year extension, work with the BGCCV, and begin researching the alternatives if they do exist. Council Member Holloway seconded the motion by Mayor Pro Tempore McGirr.
City Manager Cervantez clarified the motion of a 12 month extension for the entire twelve months for $120,000, with a six month check in whereas the BGCCV is going to work on ways to address the concerns regarding transportation funding, hours, etc.; with the BGCCV efforts that occurred in the six months, staff would report back to the Council, and the Council would have the opportunity to deliberate, ask more questions, provide different direction, or allow the contract to terminate in six months time from that moment.
City Attorney Simonian noted that he is not certain this will be available for the next Council meeting, he will need to work on the details and will bring it back at the earliest possible time.
Mayor Gamble asked for a roll call vote:
Mayor Pro Tempore McGirr: Aye
Council Member Holloway: Aye
Council Member Figueroa: Aye
Council Member Beall: No
Mayor Gamble: Aye
The motion passed with a 4-1 vote.
8. CONTINUED ITEMS - None.
9. PUBLIC COMMENTS - None.
10. CITY MANAGER REPORT
City Manager Cervantez welcomed our new Public Works Director/City Engineer, Joe Parco. 10 IJ
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11. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS- None.
ADJOURNMENT
Mayor Gamble adjourned the meeting at 11 :02 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, April 24, 2024, at 7:00 p.m., in the City Council Chamb rs, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.
PREPARED BY:
Approved: May 22, 2024
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