manager~ - granicus

DATE:

TO:

FROM: BY:

SUBJECT:

CITY OF RANCHO SANTA MARGARITA CITY COUNCIL

STAFF REPORT

April14, 2021

City Council of the City of Rancho Santa Margarita

Jennifer M. Cervantez, C!t}: Manager~ Amy Diaz, City Clerk~

Approval of Minutes

Recommendation

Approve the March 24, 2021 City Council Regular meeting minutes.

4/14/21 Item No. 4.3

THIS PAGE INTENTIONALLY LEFT BLANK

CITY OF RANCHO SANTA MARGARITA CITY COUNCIL REGULAR MEETING MINUTES

March 24, 2021

The meeting was called to order at 7:01 p.m. in the Council Chambers. Present: Mayor L. Anthony Beall, Mayor Pro Tempore Anne D. Figueroa, Council Members Carol A. Gamble, Bradley J. McGirr (4). Absent: Council Member Jerry Holloway (1). Council Member Gamble led the Salute to the Flag.

Staff Present: Jennifer M. Cervantez, City Manager; Greg Simonian, City Attorney; Cheryl Kula, Development Services Director; Stefanie Turner, Finance Director; Mihaela Kennedy, Captain; Amy Diaz, City Clerk.

1. PRESENTATIONS AND PROCLAMATIONS

Mayor Beall invited Mayor Pro Tempore Figueroa, Jennifer Beall, Chief of Staff with 73'd Assembly District Office for Assemblywoman Laurie Davies, and Mike Conte with the RSM Chamber of Commerce forward to present the following:

1.1 CERTIFICATE OF RECOGNITION TO SHERRI LEX IN RECOGNITION OF HER SERVICE ON THE RSM FOOD PANTRY AND ASSEMBLY 73Ro DISTRICT WOMAN OF THE YEAR AWARD

Mayor Beall and Mayor Pro Tempore Figueroa presented the following:

1.2 CERTIFICATE OF RECOGNITION TO CAPTAIN JOHN McCULLOCH IN RECOGNITION OF HIS SERVICE AS CHIEF OF POLICE SERVICES

2. SCHEDULE OF FUTURE EVENTS

Jennifer Cervantez, City Manager, announced the following:

2.1 ELECTRONIC WASTE AND DOCUMENT SHREDDING - SATURDAY, MARCH 27, 2021 FROM 8:00A.M. TO 12:00 P.M., LOCATED AT THE CITY HALL PARKING LOT

3. PUBLIC COMMENTS

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

Bobby Cox, Dove Canyon resident, spoke regarding the City's Housing Element, Assembly Bill 32, Senate Bill 375 and the Southern California Association of Governments.

The following individual provided an eComment to the Council on matters within the jurisdiction of the City Council:

Beth Heard, City of Rancho Santa Margarita resident, noted that the Attorney General of California filed two lawsuits against San Diego County because two large housing projects put residents at extraordinary fire danger. Ms. Heard urged the City Council to not rezone any land in or surrounded by fire hazard severity zones for residential use.

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City of Rancho Santa Margarita City Council Regular Meeting Minutes March 24, 2021

4. CONSENT CALENDAR

Mayor Beall removed Agenda Item No. 4. 7 from the Consent Calendar.

Council Member McGirr moved, seconded by Council Member Gamble to approve the Consent Calendar (Item Nos. 4.1 through 4.6 and 4.8).

The motion was approved by the following vote:

AYES: Council Members Gamble, McGirr, Mayor Pro Tempore Figueroa, Mayor Beall (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Council Member Holloway (1)

4.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA

Waived reading in full of all ordinances and resolutions 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.

4.2 APPROVAL OF CERTIFICATES OF RECOGNTION

Approved the following:

1) Certificate of Recognition to Sherri Lex for her service on the RSM Food Pantry and Assembly 73'd District Woman of the Year Award; and

2) Certificate of Recognition to Captain John McCulloch recognizing his service as Chief of Police.

4.3 APPROVAL OF MINUTES

Approved the March 10, 2021 City Council Regular meeting minutes.

4.4 RECORDS MANAGEMENT- APPROVAL OF RESOLUTION OF AUTHORIZATION TO DISPOSE OF CERTAIN CITY RECORDS

Adopted Resolution No. 21-03-24-01 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

4.5 APPROVAL OF WARRANT REGISTERS DATED MARCH 8, 2021 AND MARCH 15, 2021

Approved the warrant registers totaling $1,202, 788.48.

4.6 INVESTMENT REPORT FOR THE MONTH OF FEBRUARY 2021

Received and filed the Investment Report for the month of February 2021.

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4.8 RESOLUTION REVIEWING AND CONFIRMING THE NECESSITY FOR CONTINUING THE LOCAL EMERGENCY DECLARED IN RESPONSE TO THE NOVEL COVID-19 PANDEMIC, PURSUANT TO PROCLAMATION NO. 20-03-16-01

Adopted Resolution No. 21-03-24-02 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, REVIEWING AND CONFIRMING THE NECESSITY FOR CONTINUING THE LOCAL EMERGENCY DECLARED IN RESPONSE TO THE NOVEL COVID-19 PANDEMIC, PURSUANT TO PROCLAMATION NO. 20-03-16-01

ITEMS REMOVED FROM THE CONSENT CALENDAR

4.7 GENERAL PLAN ANNUAL PROGRESS REPORTING FOR2020

Mayor Beall announced that the following individual provided an eComment to the Council on matters within the jurisdiction of the City Council:

Daisy Cruz, representative with the Kennedy Commission, noted that as the City reviews the 2020 Annual Housing Element Progress Report, the Commission urges the City to take into account the severe imbalance between housing production at the lower income levels and above moderate-income levels across the County.

Mayor Beall moved, Council Member McGirr seconded to approve the following staff recommendation:

The City Council received and filed the General Plan Annual Progress Reporting for 2020.


AYES:

NOES: ABSTAIN: ABSENT:

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

5. PUBLIC HEARING ITEMS

5.1 PROPOSED UPDATE TO THE CITY'S FALSE ALARM FEE

Mayor Beall introduced Mihaela Kennedy, Chief of Police Services, who provided a brief overview of the staff report.

Mayor Beall opened the item to City Council questions of staff.

Mayor Pro Tempore Figueroa inquired regarding the total number of false alarm calls; the difference between commercial versus residential alarms, and if we are working proactively to decrease the number of false alarm calls.

Mayor Beall inquired regarding the response time to a false alarm call and how many deputies are dispatched to a false alarm call.

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

Mayor Beall opened the item for City Council discussion and deliberation; there were none.

Council Member McGirr moved, Mayor Beall seconded to approve the following staff recommendation:

Approved and adopted Resolution No. 21-03-24-03 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, AUTHORIZING THE CITY'S CONTINUED PARTICIPATION IN THE ORANGE COUNTY SHERIFF'S DEPARTMENT FALSE ALARM FEE PROGRAM, UPDATING THE CITY'S FALSE ALARM FEE, REPEALING RESOLUTION 09-05-13-02, 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(B)(8)


AYES:



6. CONTINUED ITEMS - None.

7. NEW BUSINESS

7.1 REVIEW OF LEGISLATION INTRODUCED IN THE CALIFORNIA 2021-22 LEGISLATIVE SESSION AND ADOPTION OF RESOLUTIONS RELATING TO LEGISLATION IMPACTING LOCAL CONTROL

Mayor Beall introduced City Manager Cervantez who provided a brief introduction. City Manager Cervantez introduced Cheryl Kuta, Development Services Director, who provided a brief overview of the staff report.

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

Mayor Beall announced that the following individuals provided eComments to the Council on matters within the jurisdiction of the City Council:

Chris Mclaughlin, City of Rancho Santa Margarita resident, noted he opposes the resolution and does not think it will address the problem with inadequate low and middleincome housing units within the City.

Russ Khouri, Dove Canyon resident, asked the City Council to oppose Senate Bill478.

Mayor Beall opened the item to City Council discussion and deliberation.

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Council Member McGirr further explained Senate Bill 9 and how it takes away any formal public hearing for residents to voice their concerns. Council Member McGirr noted he is in favor of approving the following resolutions.

Council Member Gamble explained that from 1995-2000, several colleagues and herself worked with many volunteers to create Rancho Santa Margarita as a City for local control and enhanced law enforcement. Council Mernber Gamble noted that she and all of her colleagues that she has served with on the City Council have fought to retain local control.

Mayor Pro Tempore Figueroa stated that Senate Bill 9 is an extremely concerning legislation. Mayor Pro Tempore Figueroa thanked City Manager Cervantez and Development Services Director Kula for bringing this item forward.

Mayor Beall echoed his Council colleagues' comments and expressed his concern with Senate Bill 9 and how it will take away local control and the resident's rights to speak.

Mayor Beall moved, Council Member McGirr seconded to approve the following staff recommendations:

1) Adopted Resolution No. 21-03-24-04 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, OPPOSING SENATE BILL 9 (ATKINS)

2) Adopted Resolution No. 21-03-24-05 entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, OPPOSING ANY LEGISLATION WHICH ERODES LOCAL CONTROL OVER LAND USE, ZONING, HOUSING, AND OTHER LOCAL MATTERS AND SUPPORTING LEGISLATION WHICH MAINTAINS AND ENHANCES LOCAL DISCRETION


AYES:



8. PUBLIC COMMENTS - None.

9. CITY MANAGER REPORT

City Manager Cervantez congratulated the Public Works Director/City Engineer, Brendan Dugan, and his wife on the arrival of their baby boy.

10. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS

10.1 COMMITTEE ASSIGNMENT REPORTS

Received Oral Reports on the following City Council Committee Assignments:

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1) COMMUNITY ASSOCIATIONS OF RANCHO

Mayor Pro Tempore Figueroa reported she, Development Services Director Kula, and City Manager Cervantez attended the Community Associations of Rancho (CAR) meeting held on March 16, 2021. Mayor Pro Tempore Figueroa reported that Mike Safranski from CAR presented a draft White Paper that addressed concerns they have on future accessory dwelling unit developments in the City.

2) FOOTHILL/EASTERN TRANSPORTATION AUTHORITY

Mayor Beall reported he attended the Foothill/Eastern Transportation Authority meeting held on March 11, 2021. Mayor Beall reported the Board took a position to oppose Senate Bills 760 and 761.

3) ORANGE COUNTY FIRE AUTHORITY

Council Member Gamble reported she attended the Orange County Fire Authority meeting held on February 25, 2021. Council Member Gamble reported the Board had a brief presentation on the Helitanker Program and opposed an out of area consultant to do a study that can be done in-house.

10.2 COUNCIL MEMBER REPORT/COMMENT- None.

11. CLOSED SESSION

ANNOUNCEMENT OF CLOSED SESSION ITEMS

The City Council convened in Closed Session, in the City Council Conference Room, City Hall, to consider the following matters:

11.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION

Pursuant to Government Code Section 54957(b)(1) Public Employee Title: City Manager- Annual Performance Evaluation

PUBLIC COMMENT ON CLOSED SESSION ITEM- None.

ADJOURN TO CITY COUNCIL CONFERENCE ROOM

CONVENE INTO CLOSED SESSION

The City Council convened in Closed Session at 8:32 p.m., to consider the matters listed above.

RECONVENE TO CITY COUNCIL CHAMBER

The City Council reconvened in regular session at 8:56 p.m., in the City Council Chambers.

CLOSED SESSION REPORT

Mayor Beall indicated there was no reportable action taken as a result of Closed Session Agenda Item No. 11.1.

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ADJOURNMENT

Mayor Beall adjourned the meeting at 8:57 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, April 14, 2021, at 7:00 p.m., in the City Council Chamber, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.

L. ANTHONY BEALL, MAYOR PREPARED BY:

AMY DIAZ, CITY CLERK

Approved: April14, 2021

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