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CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
August 28, 2024
The meeting was called to order at 7:01 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 Anne D. 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; Joe Parco, Public Works Director/City Engineer; Stefanie Turner, Finance Director; Mihaela Kennedy, Captain; Amy Diaz, City Clerk.
1. SCHEDULE OF FUTURE EVENTS
Jennifer M. Cervantez, City Manager, announced the following:
1.1 LABOR DAY HOLIDAY- MONDAY, SEPTEMBER 2, 2024-CITY HALL CLOSED
1.2 PATRIOT DAY COMMEMORATION - WEDNESDAY, SEPTEMBER 11, 2024, AT 5:30 P.M., LOCATED AT THE CIVIC CENTER PLAZA
2. COUNCIL MEMBER COMMENTS/REPORTS
3. 4.
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 attended the Foothill/Eastern Transportation Corridor Agencies meeting held on August 15, 2024. Council Member Beall reported that the TCA meeting was routine and there was nothing substantial to report.
PRESENTATIONS AND PROCLAMATIONS- None.
PUBLIC COMMENTS
Mayor Gamble announced the following eComments received:
Anonymous regarding Arroyo Vista.
Anonymous regarding Arroyo Vista.
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City Council Regular Meeting Minutes August 28, 2024
Linda Giar regarding Arroyo Vista.
Stephen Cicon regarding Arroyo Vista.
Anonymous regarding opioid addiction.
Anonymous regarding the Election.
Ryan Argue regarding speeding.
5. CONSENT CALENDAR
Mayor Pro Tempore McGirr moved, seconded by Council Member Holloway to approve the Consent Calendar (Item Nos. 5.1 through 5.8).
The motion was approved by the following vote:
AYES:
NOES:
Council Members Beall, Holloway, Mayor Pro Tempore McGirr and Mayor Gamble (4)
ABSTAIN:
None (0)
None (0)
ABSENT: Council Member Figueroa (1)
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 MINUTES
Approved the August 14, 2024 City Council Regular meeting minutes.
5.3 ADOPTION OF AN ORDINANCE AMENDING AND RESTATING THE RANCHO
SANTA MARGARITA MUNICIPAL CODE UPDATING SPEED LIMITS BASED ON
ENGINEERING AND TRAFFIC SURVEY (E&TS)
Adopted Ordinance No. 24-02 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA
MARGARITA, CALIFORNIA, AMENDING AND RESTATING SECTION
12.01 .090 (SPEED LIMITS) OF CHAPTER 12.01 (GENERAL AND ADMINISTRATIVE PROVISIONS) OF TITLE 12 (VEHICLES AND TRAFFIC) OF
THE CITY OF RANCHO SANTA MARGARITA MUNICIPAL CODE REGARDING
SPEED LIMITS, INCLUDING AN EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PER CEQA GUIDELINES SECTION 15301
5.4 APPROVAL OF WARRANT REGISTERS DATED AUGUST 12, 2024 AND AUGUST l I I 19, 2024 ~-
Approved the warrant registers totaling $1,634,660.45.
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City Council Regular Meeting Minutes August28,2024
5.5 INVESTMENT REPORT FOR THE MONTH OF JULY 2024
Received and filed the Investment Report for the month of July 2024.
5.6 REJECTION OF BIDS FOR THE ANTONIO PARKWAY GATEWAY IMPROVEMENTS
PROJECT
1) Rejected all bids received for the Antonio Parkway Gateway Improvements Project; and
2) Released the Contractor's bid bonds received for the Project.
5.7 APPROVAL OF PROPOSED AMENDMENT NO. 3 TO THE CURRENT PROFESSIONAL SERVICES AGREEMENT WITH DUDEK, INC. FOR ON-CALL
CONSTRUCTION MANAGEMENT AND INSPECTION CONSUL TING SERVICES 1) Approved proposed Amendment No. 3 to the current Professional Services Agreement with Dudek, Inc., for on-call construction management and inspection consulting services to increase the total maximum contract amount by $160,000 for a total not-to-exceed contract amount of $343,905; and
2) Authorized the Mayor to execute the proposed Amendment No. 3 to the Professional Services Agreement with Dudek, Inc.
5.8 RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT DATED JUNE 11, 2024, ENTITLED, ''TALKING TRASH: RECYCLABLES AND ORGANIC WASTE"
Authorized the Mayor to sign the response letter to the Orange County Grand Jury relative to the findings and recommendations contained in the June 11, 2024, report entitled, "Talking Trash: Recyclables and Organic Waste".
ITEMS REMOVED FROM THE CONSENT CALENDAR - None.
6. PUBLIC HEARING ITEMS
6.1 ADOPTION OF GENERAL PLAN AMENDMENT (GPA) 24-001 AND ZONING CODE AMENDMENTS (ZCA) 24-001, 24-002, 24-003, 24-004, AND 24-005 TO IMPLEMENT POLICIES AND PROGRAMS OF THE 2021-2029 GENERAL PLAN HOUSING ELEMENT ("HOUSING ELEMENT IMPLEMENTATION AND REZONING PROJECT") AND ADOPTION OF THE SECOND ADDENDUM TO THE 2020 GENERAL PLAN
ENVIRONMENTAL IMPACT REPORT
Mayor Gamble introduced Cheryl Kuta, Assistant City Manager/Development Services Director, who provided a brief overview of the staff report.
Mayor Gamble opened the item to Council questions of staff.
Council Member Holloway thanked Assistant City Manager/Development Services Director Kuta on a thorough report; noted he did not have any questions; expressed his support for the recommendation.
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City Council Regular Meeting Minutes August28,2024
Council Member Beall noted that the City Council received eComments inquiring if an 'l,,,---i enforcement process can be included in the zoning code which oversees compliance with Federal and State laws and regulations regarding Transitional and Supportive Housing. Council Member Beall inquired if the City has considered this and if there is any possibility for the City to take any action relative to ensuring ongoing compliance with State Law.
Gregory E. Simonian, City Attorney, noted that the City has included as much consistency with State and Federal Laws to retain local control and provide as much enforcement as possible.
Mayor Gamble asked Assistant City Manager/Development Services Director Kuta to define what Regional Housing Needs Allocation is and what constitutes the 680 units.
Mayor Gamble clarified that the City is not building any housing and that this is zoning that is imposed upon the City to be in compliance with State regulation.
Mayor Gamble inquired with City Attorney Simonian what the penalties would be if the City failed to comply with the housing policies and laws. Mayor Gamble inquired regarding south orange county cities of any builder's remedy applications that have failed to comply.
City Attorney Simonian explained the fines in relation to the City failing to implement the housing policies and programs.
Mayor Gamble opened the Public Hearing.
Mayor Gamble announced the following eComments were received:
Beth Heard
Rhonda Lundberg
Mayor Gamble closed the Public Hearing.
Mayor Gamble opened the item to Council discussion and deliberation; there were none.
Mayor Pro Tempore McGirr moved, seconded by Council Member Holloway to approve the following staff recommendations:
Adopted Resolution No. 24-08-28-01 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA
MARGARITA, CALIFORNIA, ADOPTING THE SECOND ADDENDUM TO THE 2020 GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AS
PREVIOUSLY ADDENDED, FOR THE HOUSING ELEMENT
IMPLEMENTATION AND REZONING PROJECT, PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Adopted Resolution No. 24-08-28-02 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA
MARGARITA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GPA 24-001, AN UPDATE TO THE GENERAL PLAN LAND USE ELEMENT
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City Council Re ular Meeting Minutes August28,2024
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, ADOPTING ZONING CODE TEXT AMENDMENT ZCA 24-001 AND ZONING CODE MAP AMENDMENT ZCA 24-002 ADDING SECTION 9.03.150 (WORKFORCE HOUSING OVERLAY DISTRICT) AND SECTION 9.03.160 (MIXED-USE DISTRICT) TO CHAPTER 9.03 (ZONING DISTRICTS AND STANDARDS) TO TITLE 9 (PLANNING AND ZONING) OF
RANCHO SANTA MARGARITA MUNICIPAL CODE TO ESTABLISH ZONING
STANDARDS FOR MIXED-USE AND MULTI-FAMILY DEVELOPMENTS AND AMENDING ZONING CODE CHAPTER 9.03 (ZONING DISTRICTS AND
STANDARDS) APPENDIX A (ZONING MAP)
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, ADOPTING ZONING CODE TEXT AMENDMENT ZCA 24-003 ADDING CHAPTER 9.13 (OBJECTIVE DEVELOPMENT
STANDARDS FOR MUL Tl-FAMILY AND MIXED-USE DEVELOPMENT) TO TITLE 9 (PLANNING AND ZONING) OF THE RANCHO SANTA MARGARITA
MUNICIPAL CODE TO ESTABLISH STANDARDS FOR MIXED-USE AND
MULTI-FAMILY DEVELOPMENTS
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, ADOPTING ZONING CODE TEXT AMENDMENT ZCA 24-004 ADDING NEW SECTION 9.04.175 (TRANSITIONAL AND SUPPORTIVE HOUSING PROJECTS) AND NEW CHAPTER 9.14 (HOUSING DEVELOPMENT PROJECT SPECIAL REGULATIONS) TO TITLE 9
(PLANNING AND ZONING) OF THE RANCHO SANTA MARGARITA
MUNICIPAL CODE
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, ADOPTING ZONING CODE TEXT AMENDMENT ZCA 24-005 AMENDING VARIOUS PROVISIONS OF CHAPTERS 9.01 (GENERAL PROVISIONS), 9.03 (ZONING DISTRICTS AND STANDARDS),
9.04 (REGULATIONS FOR SPECIAL USES AND STRUCTURES), 9.05 (SPECIAL REGULATIONS), 9.06 (PARKING), AND 9.08 (ADMINISTRATION) OF TITLE 9 (PLANNING AND ZONING) OF THE RANCHO SANTA
MARGARITA MUNICIPAL CODE TO PROVIDE FOR INTERNAL
CONSISTENCY AND TO IMPLEMENT 2021-2029 HOUSING ELEMENT
PROGRAMS
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City Council Regular Meeting Minutes August28,2024
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)
7. NEW BUSINESS
7.1 UPDATE ON SENATE BILL 1383 (SB 1383)
Mayor Gamble introduced Joe Parco, Public Works Director/City Engineer, who invited Andrea Howhannesian, Environmental Programs Coordinator, forward who provided a brief overview of the staff report.
Mayor Gamble opened the item to Council questions of staff.
Council Member Holloway inquired regarding PowerPoint Slide 5 Procurement Requirement in relation to Slide 9 Routeware/Recyclist charts; inquired how the City is doing with the procurement goal and what happens if the City does not meet the goal; inquired regarding violation enforcement; asked if the 2025 goal will likely reach 100%; inquired if the enforcement is done in-house.
Mayor Pro Tempore McGirr inquired regarding palm fronds and how they should be disposed.
Council Member Beall clarified that under the State Law it is required that there be inspections of trash bins to ensure compliance with state laws. Council Member Beall inquired if anyone has looked into the legality of having trash bins reviewed for compliance. Council Member Beall shared he is not in favor of the enforcement process.
Council Member Holloway inquired regarding lid flipping and who enforces the lid flipping.
The City Council received and filed the update.
7.2 INTRODUCTION AND FIRST READING OF A PROPOSED ORDINANCE REGULATING THE OPERATION OF REGULATED MOBILITY DEVICES SUCH ASEBIKES Mayor Gamble introduced City Attorney Simonian who invited forward Mayor Pro Tempore McGirr, both of whom provided a brief overview of the staff report.
Mayor Gamble announced the Council received the following eComments:
Ashley Varner
Catherine Kelley
Jim Clements
Mary Michalek
Scott Varner
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City Council Regular Meeting Minutes
Shawn Gordon
Tim Stone
Mayor Gamble opened the item to· Council questions of staff.
August 28, 2024
Council Member Beall noted that there has been a lot of public comment regarding this issue; inquired if any other cities have adopted similar ordinances and how do they compare in respect to the ordinance before the Council.
City Attorney Simonian clarified that when it comes to e-Bikes, the city currently has no authority to tow or impound e-Bikes and further explained the provisions written into the ordinance regarding taking possession of an e-Bike under certain circumstances.
City Attorney Simonian noted that Mayor Pro Tempore McGirr requested a revision to Section 12.08.030 Unlawful Operation of Regulated Mobility Devises, violation number 13 and the addition of violation number 18, as follows:
(13) A person under the age of 18 operating without a properly fitted and fastened helmet, including a passenger under the age of 18. (18) Tampering with or modifying a regulated mobility device so as to change the speed capability of the device, or otherwise altering, modifying, or adjusting the motor settings to increase the speed of the device, unless the required label indicating the classification is appropriately replaced.
Council Member Beall asked questions regarding enforcement officers; inquired if the Orange County Sheriff's Department (OCSD) has reviewed the proposed ordinance; and noted that public safety is the number one priority; noted he is in favor of the proposed ordinance.
OCSD Captain Mihaela Kennedy shared that she has reviewed the proposed ordinance and believes it will assist the deputies with enforcement.
Council Member Holloway noted his support for the proposed ordinance and is in favor of giving the OCSD more tools to enforce the rules. Council Member Holloway noted he is appreciative of Mayor Pro Tempore McGirr's work on the proposed ordinance.
Mayor Gamble noted she is proud of the work that Mayor Pro Tempore McGirr has done on the proposed ordinance. Mayor Gamble noted that absent from having an ordinance, law enforcement and code enforcement do not have any mechanism to rely on.
Mayor Gamble invited the following individual forward to address the City Council:
Jeff Gilberti, City of Rancho Santa Margarita resident, inquired if the City is proposing to do anything with Class 2 e-Bikes because he believes the Sur Rons are a problem.
Mayor Gamble noted she believes Sur Rons are vehicles regulated by State Law. 7 City of Rancho Santa Margarita
City Council Regular Meeting Minutes August28, 2024
City Attorney Simonian noted he concurs with the public speakers' comments; noted that the OCSD is taking a look at the Sur Rons and the electric motorcycles; noted that this ordinance is regulating e-Bikes, Class 1, 2 and 3 are all covered.
Mayor Pro Tempore McGirr moved, seconded by Council Member Holloway to approve the following staff recommendations :
1) 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 12.08
(REGULATED MOBILITY DEVICES) TO TITLE 12 (VEHICLES AND
TRAFFIC) OF THE RANCHO SANTA MARGARITA MUNICIPAL CODE
REGARDING OPERATION OF REGULATED MOBILITY DEVICES SUCH
ASE-BIKES
2) Revision to Section 12.08.030 Unlawful Operation of Regulated Mobility Devises, violation number 13 and the addition of violation number 18:
(13) A person under the age of 18 operating without a properly fitted and fastened helmet, including a passenger under the age of 18.
(18) Tampering with or modifying a regulated mobility device so as to change the speed capability of the device, or otherwise altering , modifying, or adjusting the motor settings to increase the speed of the device, unless the required label indicating the classification is appropriately replaced.
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)
8. CONTINUED ITEMS - None.
9. PUBLIC COMMENTS - None.
10. CITY MANAGER REPORT - None.
11. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS - None.
ADJOURNMENT
Mayor Gamble adjourned the meeting at 8:45 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday , September 11 , 2024, at 7:00 p.m., in the City Council Chambers, City Hall, located at 22112 El Pase , Rancho Santa Margarita,~
CARL MBLE,MAYOR
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City Council Regular Meeting Minutes August 28, 2024
PREPARED BY:
a·
CLER~
Approved : September 11, 2024
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