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Rancho Santa Margarita City Council
September 10, 2025

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September 10, 2025
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CITY OF RANCHO SANTA MARGARITA

CITY COUNCIL REGULAR MEETING MINUTES
September 10, 2025
The meeting was called to order at 7:02 p.m. in the Council Chambers. Present: Mayor L. Anthony Beall, Mayor Pro Tempore Bradley J. McGirr, and Council Members Keri Lynn Baert and Jerry Holloway (4). Absent: Council Member Figueroa (1 ). The Salute to the Flag was led by Mayor Beall.

Mayor Beall held a moment of silent prayer in memory of Charlie Kirk and the Country.

Mayor Beall shared a few thoughts regarding Charlie Kirk's assassination.

1. SCHEDULE OF FUTURE EVENTS
Jennifer Cervantez, City Manager, announced the following:

1.1 PATRIOT DAY COMMEMORATION - THURSDAY, SEPTEMBER 11, 2025, AT 5:30 P.M., LOCATED AT THE CIVIC CENTER PLAZA

1.2 RANCHO FAMILY FEST- FRIDAY, OCTOBER 3, 2025, FROM 3:00 TO 10:00 P.M., AND SATURDAY, OCTOBER 4, 2025, FROM 2:00 TO 10:00 P.M., LOCATED AT

CENTRAL PARK

1.3 ELECTRONIC WASTE DISPOSAL AND DOCUMENT SHREDDING EVENT ON SATURDAY, OCTOBER 11, 2025, 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
Mayor Pro Tempore McGirr thanked Mayor Beall for his comments regarding Charlie Kirk.

Council Member Baert announced the following September events: Community Emergency Response Team (CERT) workshop on Wednesday, September 17th from 6:30 to 7:30 p.m., located at City Hall; "Coffee with a Cop" event held on Thursday, September 18th from 10:00 a.m. to noon, located at Starbucks in Target; and "Pizza with the Police" on Thursday, September 25th from 4:00 to 6:00 p.m., located at Sgt.

Pepperoni's Pizza.

2.2 COMMITTEE ASSIGNMENT REPORTS - None.
1 City of Rancho Santa Margarita
City Council Regular Meeting Minutes September 10, 2025

3. PRESENTATIONS AND PROCLAMATIONS
Mayor Beall invited Mayor Pro Tempore McGirr forward to join him for the following presentations:

3.1 CERTIFICATES OF RECOGNITION - SANTA MARGARITA LITTLE LEAGUE 10U AND 11 U ALL-STAR TEAMS - DISTRICT 68 CHAMPIONS

3.2 PROCLAMATION - "HUNGER ACTION MONTH", SEPTEMBER 2025

3.3 PROCLAMATION - "NATIONAL PREPAREDNESS MONTH", SEPTEMBER 2025

4. PUBLIC COMMENTS
Mayor Beall announced the following eComments:

Rhonda Lundberg regarding the Antonio Parkway Gateway Project.

Beth Heard regarding the Antonio Parkway Gateway Project.

Ric Heard regarding the Antonio Parkway Gateway Project.

Rod Ledwin regarding vehicles parked alongside RSM Middle School.

The following individual addressed the Council on matters within the jurisdiction of the City Council:

Breanne Boyle, City of Rancho Santa Margarita resident, inquired regarding her request for the City to video record city council meetings under the Americans with Disabilities Act (ADA); expressed her point of view regarding the "moment in prayer" held at the beginning of the Council meeting.

Mayor Beall noted that the City has responded to the speaker's ADA request via correspondence.

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 Baert, Holloway and Mayor Pro Tempore McGirr, Mayor Beall (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.
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City of Rancho Santa Margarita
City Council Regular Meeting Minutes September 10, 2025

5.2 APPROVAL OF CERTIFICATES OF RECOGNITION AND PROCLAMATIONS Approved the following:
1) Certificates of Recognition to the Santa Margarita Little League, 1 OU and 11 U AllStar teams, District 68 Champions; and 2) Proclamation declaring "Hunger Action Month" during the month of September 2025; and
3) Proclamation declaring "National Preparedness Month" during the month of September 2025.

5.3 APPROVAL OF MINUTES
Approved the August 27, 2025 City Council Regular meeting minutes.

5.4 APPROVAL OF A RESOLUTION AMENDING THE CONFLICT OF INTEREST CODE Adopted Resolution 25-09-10-01 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, RESCINDING RESOLUTION NO. 24-09-11-02

AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE

5.5 APPROVAL OF WARRANT REGISTERS DATED AUGUST 25, 2025 AND SEPTEMBER 2, 2025
Approved the warrant registers totaling $704,781.13.

5.6 FISCAL YEAR 2024/2025 CONSOLIDATED ANNUAL PERFORMANCE AND

EVALUATION REPORT FOR THE CITY OF RANCHO SANTA MARGARITA

COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Authorized staff to submit the Fiscal Year 2024/2025 Consolidated Annual Performance and Evaluation Report, including public comments, to the U.S.

Department of Housing and Urban Development.

5.7 APPOINTMENT OF DELEGATE AND ALTERNATES FOR THE LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE
Appointed Council Member Baert as the Voting Delegate and City Manager Jennifer M.

Cervantez as the Alternate Voting Delegate for the City of Rancho Santa Margarita for the League of California Cities Annual Conference.

5.8 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.
3 City of Rancho Santa Margarita
City Council Regular Meeting Minutes September 10, 2025

6. PUBLIC HEARING ITEMS

6.1 ZONING CODE TEXT AMENDMENT (ZCA) 25-001, AN ORDINANCE AMENDING

THE RANCHO SANTA MARGARITA MUNICIPAL CODE TO UPDATE AND CLARIFY

REGULATIONS RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS IN ACCORDANCE WITH STATE LAW
Mayor Beall introduced Cheryl Kuta, Assistant City Manager/Development Services Director, who provided a brief overview of the staff report.

Mayor Beall opened the item to Council questions of staff.

Council Member Baert inquired if staff made Cal HDF's recommended changes and asked if they did not have any additional concerns.

Mayor Beall asked a point of clarification that the changes are mandated by the State without regard to the City's existing rules or regardless of parking or traffic conditions related to an ADU.

Mayor Beall opened the public hearing.

Mayor Beall announced the following eComments:

Rhonda Lundberg regarding her opposition to the proposed ordinance.

Beth Heard regarding her opposition to the proposed ordinance.

The following individual addressed the Council on matters within the jurisdiction of the City Council:

Russ Khouri, City of Rancho Santa Margarita resident, expressed his concerns and opposition to the proposed ordinance.

Mayor Beall closed the public hearing.

Mayor Beall opened the item to Council discussion and deliberation.

Council Member Holloway stated that the Council is limited to what they can do regarding the proposed ordinance, however, inquired what the alternatives could be.

Mayor Pro Tempore McGirr clarified that any changes the Council could make would not be substantive. Mayor Pro Tempore McGirr noted that despite the fact that he agrees with the speaker's comments, he doesn't think the Council can make any changes, since the State is mandating this proposed ordinance.

City Attorney Simonian noted that a couple years ago the State gave cities more discretion in a couple areas giving cities options to adopt these ordinances at a local level. He further noted that each year thereafter the State has continued to reduce the ability of the City to have discretion and now we have seen mostly erosion of local control.
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City of Rancho Santa Margarita
City Council Regular Meeting Minutes September 10, 2025 Council Member Baert noted she understands that the City is obligated to bring the zoning code in compliance with State law, however, ii is frustrating that Sacramento continues to strip away local control on issues that directly impact residents; noted she is not against ADUs, but wants a balance to consider environmental and public safety issues.

Mayor Beall inquired if there were significant challenges from a parking or traffic standpoint and concerns relative to safety, would the City have the ability to object a front yard ADU.

City Attorney Simonian stated that if a proposed front yard ADU meets the specific criteria mandated by State law then the City has no ability to say no.

Mayor Beall moved, seconded by Council Member Holloway 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, ADOPTING ZONING CODE TEXT AMENDMENT CA 25-001 AMENDING AND RESTATING SECTION 9.04.190 (ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS) OF
CHAPTER 9.04 (REGULATIONS FOR SPECIAL USES AND STRUCTURES) IN

ACCORDANCE WITH STATE LAW, INCLUDING AN EXEMPTION FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER CEQA
GUIDELINES SECTIONS 15060(C)(2) AND (C)(3) AND PUBLIC RESOURCES CODE SECTION 21080.17
The motion was approved by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Council Members Baert, Holloway and Mayor Pro Tempore McGirr, Mayor Beall (4)
None (0)
None (0)
Council Member Figueroa (1)

6.2 ZONING CODE TEXT AMENDMENT (ZCA) 25-002 ADDRESSING REGULATIONS

FOR THRIFT STORES AND ADDING CHILD DAY CARE CENTERS AS A

CONDITIONALLY PERMITTED USE IN THE PUBLIC/QUASI-PUBLIC ZONING

DISTRICT
Mayor Beall introduced Assistant City Manager/Development Services Director Kuta who provided a brief overview of the staff report.

Mayor Beall opened the item to Council questions of staff.

Mayor Pro Tempore McGirr inquired with the City Attorney if he would need to recuse himself due to one of the Day Care Centers being located at a church he attends, Trabuco Presbyterian Church. He shared that he was unaware of the location until ii was noted in the PowerPoint during staff's presentation. 5 City of Rancho Santa Margarita
City Council Regular Meeting Minutes September 10, 2025 City Attorney Simonian stated this is a zoning code of general application throughout the entire zone so it would be permissible for Mayor Pro Tempore McGirr to participate.

Council Member Holloway asked staff to give examples of what locations would be considered a commercial neighborhood and commercial general zoning districts; asked if the City has an option to oppose the proposed ordinance; inquired regarding operational standards and hours of operation for deliveries.

Mayor Beall inquired if it is possible for the City to keep Thrift Stores as a nonpermitted use. Mayor Beall noted the State is taking away local control.

Mayor Beall opened the public hearing; seeing no one present to address the Council, closed the public hearing.

Mayor Beall opened the item to Council discussion and deliberation.

Council Member Baert shared she believes it is important to continually review the code and that childcare is a critical need in the community. She noted that by allowing child Day Care Centers as a conditionally permitted use we are giving schools, churches and other public serving organizations the ability to provide this essential service.

Mayor Pro Tempore McGirr moved, seconded by Council Member Holloway 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 ADOPTING ZONING CODE TEXT AMENDMENT (ZCA) 25-002 AMENDING VARIOUS PROVISIONS OF CHAPTERS 9.01 (GENERAL PROVISIONS), 9.03 (ZONING DISTRICTS AND STANDARDS), AND 9.04 (REGULATIONS FOR SPECIAL USES AND STRUCTURES) OF THE

RANCHO SANTA MARGARITA MUNICIPAL CODE RELATED TO THE

REGULATION OF CHILD DAY CARE CENTERS, AND THRIFT STORES,

INCLUDING AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PER CEQA GUIDELINES SECTIONS 15060(C)(2) AND (C)(3)
The motion was approved by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

7. NEW BUSINESS
Council Members Baert, Holloway and Mayor Pro Tempore McGirr, Mayor Beall (4)
None (0)
None (0)
Council Member Figueroa (1)

7.1 ORDINANCES AMENDING TITLE 10 (BUILDINGS AND CONSTRUCTION) OF THE

RANCHO SANTA MARGARITA MUNICIPAL CODE BY ADOPTING THE
CALIFORNIA BUILDING STANDARDS CODE, 2025 EDITION, (CALIFORNIA CODE 6 City of Rancho Santa Margarita
City Council Regular Meeting Minutes September 10, 2025 OF REGULATIONS, TITLE 24) INCLUDING THE CALIFORNIA BUILDING CODE,

RESIDENTIAL CODE, GREEN BUILDING STANDARDS CODE, ELECTRICAL CODE,

PLUMBING CODE, MECHANICAL CODE, ADMINISTRATIVE CODE, ENERGY

CODE, WILDLAND-URBAN INTERFACE CODE, FIRE CODE, HISTORICAL

BUILDING CODE, EXISTING BUILDING CODE, AND REFERENCED STANDARDS

CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND
DELETIONS, AND ADOPTING THE 2024 INTERNATIONAL SWIMMING POOL AND SPA CODE, AND THE 2024 PROPERTY MAINTENANCE CODE
Mayor Beall introduced Assistant City Manager/Development Services Director Kuta who provided a brief overview of the staff report.

Mayor Beall opened the item to Council questions of staff; there were none.

Mayor Beall moved, seconded by Council Member Holloway to approve the following staff recommendation:
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, AMENDING TITLE 10 (BUILDINGS

AND CONSTRUCTION) OF THE RANCHO SANTA MARGARITA
MUNICIPAL CODE BY ADOPTING THE 2025 EDITION OF THE

CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF
REGULATIONS, TITLE 24) CONSISTING OF THE 2025 CALIFORNIA BUILDING CODE, INCLUDING APPENDIX BAND I, BASED ON THE 2024 INTERNATIONAL BUILDING CODE; THE 2025 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX BF, BH AND AA, BASED ON THE 2024 INTERNATIONAL RESIDENTIAL CODE; THE 2025 GREEN BUILDING STANDARDS CODE; THE 2025 CALIFORNIA PLUMBING CODE, BASED ON THE 2024 UNIFORM PLUMBING CODE; THE 2025 CALIFORNIA
MECHANICAL CODE, BASED ON THE 2024 UNIFORM MECHANICAL
CODE; THE 2025 CALIFORNIA ADMINISTRATIVE CODE; THE 2025 CALIFORNIA ELECTRICAL CODE, BASED ON THE 2023 NATIONAL
ELECTRICAL CODE; THE 2025 CALIFORNIA REFERENCED STANDARDS CODE; THE 2025 CALIFORNIA ENERGY CODE; THE 2025 CALIFORNIA HISTORICAL BUILDING CODE; THE 2025 CALIFORNIA EXISTING
BUILDING CODE; AND THE 2025 CALIFORNIA WILDLAND-URBAN

INTERFACE CODE, INCLUDING APPENDICES F AND G, BASED ON THE 2024 INTERNATIONAL WILDLAND-URBAN INTERFACE CODE,

TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND
DELETIONS; AND ADOPTING THE 2024 INTERNATIONAL SWIMMING POOL AND SPA CODE AND THE 2024 INTERNATIONAL PROPERTY

MAINTENANCE CODE
2) 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, AMENDING SECTIONS 10.06 AND

10.07 OF TITLE 10 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO 7 City of Rancho Santa Margarita
City Council Regular Meeting Minutes September 10, 2025 SANTA MARGARITA MUNICIPAL CODE BY ADOPTING THE 2025

EDITION OF THE CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9) INCLUDING APPENDICES B, BB, C, CC, AND H BASED ON THE 2024 INTERNATIONAL FIRE CODE,

TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS AND

DELETIONS
3) Scheduled a public hearing to adopt the Ordinances identified herein and directed staff to prepare the appropriate public hearing notices for October 8, 2025.

The motion was approved by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Council Members Baert, Holloway and Mayor Pro Tempore McGirr, Mayor Beall (4)
None (0)
None (0)
Council Member Figueroa (1)

7.2 RESOLUTION APPROVING THE SECOND AMENDED AND RESTATED CITY

MANAGER EMPLOYMENT AGREEMENT, RATIFYING CERTAIN CHANGES TO

THE SALARY AND COMPENSATION OF THE CITY MANAGER
Mayor Beall introduced City Attorney Simonian who provided a brief overview of the staff report.

Mayor Beall opened the item to Council discussion or deliberation.

Council Member Baert shared she addressed emails and questions she has received regarding the City Manager's compensation. Council Member Baert noted she reviewed comparable cities' compensation in south Orange County and that RSM's compensation is below average, and our City Manager is the only one who does not receive deferred compensation. However, Dr. Cervantez is the longest tenured and among the most educated and experienced. Council Member Baert stated that supporting an adjustment to bringing her compensation more in line with her peers is a matter of fairness and good governance.

Council Member Holloway concurred with Council Member Baerts' comments; shared that the City has a low crime rate, a substantial General Fund reserve, a happy public base; and stated City Manager Cervantez is the best City Manager the City has had.

Mayor Pro Tempore McGirr noted that the City simply has the best City Manager in Orange County.

Mayor Beall agreed with his colleagues' comments. He congratulated City Manager Cervantez on a job well done. Mayor Beall shared that in government, results matter; noted City Manager Cervantez has support from her staff and City Council; noted it is an honor and privilege to work with her and thanked her for all that she does.

Mayor Beall moved, seconded by Council Member Baert to approve the following staff I recommendation: __
8 City of Rancho Santa Margarita
City Council Regular Meeting Minutes September 10, 2025 1) Adopted Resolution No. 25-09-10-02 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO

SANTA MARGARITA, CALIFORNIA, APPROVING THE SECOND

AMENDED AND RESTATED CITY MANAGER EMPLOYMENT

AGREEMENT, WHICH RATIFIES CERTAIN CHANGES TO THE SALARY

AND COMPENSATION OF THE CITY MANAGER MADE PURSUANT TO
THE MINUTE ACTION TAKEN BY THE CITY COUNCIL ON AUGUST 13, 2025
2) Authorized the Mayor to execute the proposed Second Amended and Restated City Manager Employment Agreement.

The motion was approved by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Council Members Baert, Holloway and Mayor Pro Tempore McGirr, Mayor Beall (4)
None (0)
None (0)
Council Member Figueroa (1)

8. CONTINUED ITEMS - None.

9. PUBLIC COMMENTS
The following individuals addressed the Council on matters within the jurisdiction of the City Council:

Breanne Boyle, City of Rancho Santa Margarita resident, asked the Council to speak directly into their microphones for audio purposes; shared how long each Council Member has served on the Council; asked the Council to require term limits for Council Members.

Jaclyn Martin, City of Rancho Santa Margarita resident, spoke in opposition of the council meeting opening remarks.

Chris McLaughlin, City of Rancho Santa Margarita resident, spoke regarding the Nielsen Merksamer billing; and shared his perspective on racially polarized voting and the Michelle Jackson lawsuit.

Mayor Beall asked the City Attorney to address why a City that might not believe there is racially polarized voting, might make the decision to switch to districts rather than fight in court.

10. CITY MANAGER REPORT
City Manager Cervantez addressed concerns brought up previously regarding the Antonio Parkway Gateway Improvement project and the use of plant material and mulch. City Manager Cervantez stated staff has done due diligence with the designer in establishing proper plant material and a landscape plan for the project that is fire resistant. City Manager Cervantez further elaborated regarding the proposed plant materials. 9 City of Rancho Santa Margarita
City Council Regular Meeting Minutes September 10, 2025 City Manager Cervantez noted she enjoys working for the community and for the Council. She feels she has a wonderful staff, and she appreciates all of the support everyone has given her for the past 13 years and looks forward to continuing to work with everyone.

11. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS
Council Member Baert stated that September is "National Suicide Prevention Awareness Month" and today is "World Suicide Prevention Day". Council Member Baert shared statistics and her thoughts regarding suicide and her personal account with this topic. She reminded everyone that 988 is the National Suicide and Crisis lifeline.

Mayor Pro Tempore McGirr reminded and encouraged everyone to attend the Patriot Day Commemoration.

ADJOURNMENT
Mayor Beall adjourned the meeting at 8:47 p.m. in the honor and memory of Charlie Kirk, to the next regularly scheduled meeting of the City Council to be held on Wednesday, September 24, 2025, at 7:00 p.m., in the City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.

PREPARED BY:

Approved: October 8, 2025
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