Page 1 RANCHO SANTA MARGARITA CITY COUNCIL STAFF REPORT DATE: TO: FROM: BY: SUBJECT: January 8, 2014 City Council of the City of Rancho Santa Margarita Jennifer Cervantez, City Manag;:~~ Molly Mclaughlin, City Clerk/PI'i~VV- Approval of Minutes Recommendation: That the City Council approve the minutes of the: 1) December 11, 2013, City Council Regular meeting. 01/08/14 Item No. 4.3
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Page 3 CITY OF RANCHO SANTA MARGARITA CITY COUNCIL REGULAR MEETING MINUTES DECEMBER 11, 2013 CALL TO ORDER Mayor Beall called the Regular Meeting of the City Council of the City of Rancho Santa Margarita, California, to order at 7:00p.m., in the Council Chambers located at City Hall, 22112 El Paseo, Rancho Santa Margarita, California. PLEDGE OF ALLEGIANCE: Council Member McGirr led the Pledge of Allegiance. ROLL CALL OF CITY COUNCIL MEMBERS: Present: Bradley J. McGirr, Council Member Steven Baric, Council Member Jesse Petrilla, Council Member Carol Gamble, Mayor Pro Tempore L. Anthony Beall, Mayor Also present were Jennifer Cervantez, City Manager; Greg Simonian, City Attorney; Stefanie Turner, Finance Director; Ehab Maximous, Public Works Director/City Engineer; Lt. Brian Schmutz, Chief of Police Services; and Molly Mclaughlin, City Clerk/PIO. 1. CITY COUNCIL REORGANIZATION ELECTION OF MAYOR Mayor Beall called for nominations for Mayor and nominated Mayor Pro Tempore Carol Gamble. No other nominations were received. ACTION: By voice vote, Carol Gamble was elected Mayor by the following vote: AYES: 3 Council Members Beall,.Gamble and McGirr NOES: 2 Council Members Baric and Petrilla ABSTAIN: 0 None ABSENT: 0 None 1
City Council Regular Meeting Minutes December 11, 2013 Page 4 ELECTION OF MAYOR PRO TEMPORE Mayor Gamble opened nominations for Mayor Pro Tempore and nominated Council Member Brad McGirr. No other nominations were received. ACTION: By voice vote Brad McGirr was elected as Mayor Pro Tempore by the following vote: AYES: 4 Council Members Baric, Beall, McGirr and Mayor Gamble NOES: 0 None ABSTAIN: 1 Council Member Petrilla ABSENT: 0 None REMARKS OF OUTGOING MAYOR BEALL Outgoing Mayor Beall provided comments that highlighted the City's accomplishments during his tenure as Mayor over the past three years including the Mello Roos audit; continued outstanding public safety statistics, the City's significant budget surplus and revenues; the City's business-friendly environment and the City's very popular programs and services. Additionally, Mayor Beall thanked his colleagues and his family for their support. REMARKS OF INCOMING MAYOR Mayor Gamble provided remarks including thanking Mayor Beall and his family for their dedication and work over the past three years; thanked her City Council colleagues and City residents for their trust and providing her with the opportunity to serve; spoke on the City's upcoming opportunities related to Chiquita Ridge and. the upcoming budget deliberation process; thanked the City's first responders for their efforts on behalf of the residents and community; thanked the City Attorney for his assistance; thanked the City's community partners and volunteers; and thanked her family, work colleagues and friends. REMARKS OF INCOMING MAYOR PRO TEMPORE Mayor Pro Tempore McGirr provided comments including thanking his colleagues for their support and professionalism; his family for their support of his service; thanked the Planning Commission that he served with prior to his election as Council Member; noted that the City was a community of neighbors that cared for each other; thanked SAMLARC for allowing private land to be used to allow the public to practice their faith publicly; and was thankful for the opportunity to support the Mayor over the upcoming year. 2
City Council Regular Meeting Minutes December 11,2013 Page 5 1.2 CERTIFICATE OF COMMENDATION, TONY BEALL, MAYOR Mayor Gamble and the City Council recognized outgoing Mayor Beall and presented him with a Certificate of Commendation and gift. 2. PRESENTATIONS AND CERTIFICATES Mayor Gamble and Mayor Pro Tempore McGirr presented the following: 2.1 ORANGE COUNTY VECTOR CONTROL - GEORGE P. GUTMAN, FOLLOWED BY A PRESENTATION OF CERTIFICATE OF RECOGNITION Mr.. George Gutman provided supplemental information related to his report and received a Certificate of Recognition for his service on the OC Vector Control Board of Trustees (Exhibit 1 on file in the City Clerk's Office). 3. SCHEDULE OF FUTURE EVENTS City Manager Jennifer Cervantez announced the following: 3.1 HOLIDAYCLOSURES: CHRISTMAS DAY- WEDNESDAY, DECEMBER 25, 2013 NEW YEAR'S DAY- WEDNESDAY, JANUARY 1, 2014 3.2 NEW YEAR'S EVE CELEBRATING FAMILY AND FRIENDS - DECEMBER 31 5 T, 5:00PM TO 9:00PM 4..PUBLIC COMMENTS 1) Kay Fenton spoke on her opposition to granting a liquor license to the Shell gasoline station. 2) Mike Fenton spoke on the need to address the panhandling in the City and requested the City Council adopt a law in opposition. Council Member Petrilla reaffirmed his support and efforts related to eliminating panhandling and noted that the issues were legally complex and related to individual constitutional rights. Mayor Pro Tempore McGirr agreed with Mr. Fenton and stated that panhandling was a blight on the community but noted that this matter was a constitutionality issue. Greg Simonian, City Attorney, noted his work on behalf of Council Member Petrilla, Lt. Schmutz and the City Manager on panhandling concerns and reaffirmed that this was a constitutionality issue but that the City Attorney's Office was following this matter closely. Council Member Baric questioned whether the City could restrict panhandling through time, place or manner issues. 3
City Council Regular Meeting Minutes December 11, 2013 Page 6 Mr. Simonian, City Attorney, responded that if panhandling inhibits traffic through ingress and egress, it could be monitored and potentially mitigated. Council Member Beall noted that the City had previously restricted panhandling in the City's medians. 5. CONSENT CALENDAR Council Member Baric requested Agenda Item Nos. 5.1 0 and 5.12 be removed from the Consent Calendar for further discussion and clarification. Council Member Petrilla noted that AgeQda Item 5.11 was the dissolution of the Economic Development Committee and expressed appreciation to the Committee members who had served on the Committee. ACTION: It was moved by Council Member Petrilla, seconded by Mayor Pro Tempore McGirr,and unanimously carried to approve Consent Calendar Agenda Items 5.1-5.9, and 5.11. 5.1 WAIVED READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA Waived reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda were determined to have been read by title and further reading waived. 5.2 APPROVAL OF CERTIFICATES OF RECOGNITION Ratified the following Certificate of Recognition: 1) BevMo!- Ribbon Cutting and Grand Opening, November 15, 2013. 5.3 APPROVAL OF MINUTES Approved the minutes of the November 13, 2013, Regular meeting. 5.4 LOCAL APPOINTMENT LIST Approved the Local Appointments List of all City Boards, Commissions and Committees. 5.5 APPROVAL OF WARRANT REGISTERS FOR PERIOD ENDED DECEMBER 11,2013 Approved the warrant registers in the amount of $1, 139,429.50. 5.6 INVESTMENT REPORT FOR THE MONTH OF OCTOBER 2013 Received and filed the Investment Report for the month of October 2013. 5.7 APPROVAL OF ANNUAL EXPENDITURE REPORT FOR FISCAL YEAR 2012/13 4
City Council Regular Meeting Minutes December 11, 2013 Page 7 Adopted Resolution No. 13-12-11-01 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, APPROVING THE RENEWED MEASURE M ("M2") EXPENDITURE REPORT FOR FISCAL YEAR 2012/13 FOR THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA. 5.8 APPROVE DESIGNATION OF THE FINANCE DIRECTOR OF THE CITY OF RANCHO SANTA MARGARITA AS A PERSON AUTHORIZED TO ACT ON BEHALF OF THE CITY WITH RESPECT TO THE INDENTURE RELATING TO THE RANCHO SANTA MARGARITA PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2012A 1) Approved designation of the Finance Director of the City of Rancho Santa Margarita as a person authorized to act on behalf of the City under and with respect to the indenture relating to the Rancho Santa Margarita Public Financing Authority Lease Revenue Bonds, Series 2012A. 2) Adopted Resolution No. 13-12-11-02 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA, DESIGNATING THE FINANCE DIRECTOR OF THE CITY OF RANCHO SANTA MARGARITA AS A PERSON AUTHORIZED TO ACT ON BEHALF OF THE CITY UNDER AND WITH RESPECT TO THE INDENTURE RELATING TO THE RANCHO SANTA MARGARITA PUBLIC FINANCING AUTHORITY LEASE REVENUE REFUNDING BONDS, SERIES 2012A 5.9 NOTICE OF COMPLETION FOR THE ANNUAL RESIDENTIAL SLURRY SEAL (FY 2012-13) 1) Accepted the improvements for t~e Annual Residential Slurry Seal (FY 2012-13). 2) Authorized the City Clerk to file a Notice of Completion with the County of Orange Recorder's Office within ten calendar days, as required by Section 3093 of the California Civil Code. 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
City Council Regular Meeting Minutes December 11, 2013 Page 8 5.11 DISSOLUTION OF THE. RANCHO SANTA MARGARITA ECONOMIC DEVELOPMENT COMMITTEE Received and filed the report and formally dissolved, by motion of the City Council, the Rancho Santa Margarita Economic Development Committee. ITEMS REMOVED FROM THE CONSENT CALENDAR 5.10 APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH VA CONSULTING, INC., FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE TRABUCO MESA BULB"'OUT IMPROVEMENTS PROJECT Council Member Baric requested clarification on the selection process for the award of contract to VA Consulting. E. Maximous, City Engineer/Director of Public Works, responded that the bid was awarded through a qualifications-based process. ACTION: It was moved by Council Member Beall, seconded by Mayor Pro Tempore McGirr and unanimously carried to: 1) Approve a Professional Services Agreement with VA Consulting, Inc. for design engineering service for the Trabuco Mesa Bulb-Out Improvements Project for a total maximum not-to-exceed contract amount of $48,582. 2) Authorize the Mayor to execute the proposed Professional Services Agreement. 5.12 PROPOSED AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT WITH ECONOMIC DEVELOPMENT SERVICE (EDS) OF CALIFORNIA, LLC TO EXTEND THE TERM AND TO INCREASE THE MAXIMUM NOT-TO-EXCEED AMOUNT FOR ECONOMIC DEVELOPMENT BUSINESS OUTREACH AND ATTRACTION SERVICES Staff provided supplemental information on this item (Exhibit 2 on file in the City Clerk's Office). Council Member Baric questioned staff related to the status of the consultant's invoices prior to the last City Council meeting; and questioned why, when and how was the decision made to clarify the consultant's invoices. City Manager Jennifer Cervantez responded that the City had been working with the consultant since the submittal of invoices from the International Conference of Shopping Centers (ICSC) and that additional detail had been requested. Council Member Baric further questioned why the invoices were unclear and questioned the invoicing process including how the hours worked are reflected; how was the contract managed; and how many times did strategy meetings occur between staff and the consultant. 6
City Council Regular Meeting Minutes December 11, 2013 Page 9 Ms. Cervantez replied that extended strategy meetings were held two to three times per year. Council Member Baric questioned the purpose, necessity, and work efforts related to the ICSC Conference; and the history of when the consultant began working for the City. Ms. Cervantez replied that marketing efforts for the ICSC were assigned to Ms. Singh because of the need to annually change and improve marketing materials; and reviewed the consultant's work history with the City. Council Member Baric continued his questions that included inquiring what did the program do. to attract businesses to the City; was analysis done that would sift out and discern that it was the consultant or were there larger factors; noted that he was troubled by the relationship that the consultant had with the RSM Chamber and wondered if there were safeguards in place to separate the work effort of the RSM Chamber and consultant work; questioned the consultant on what particular businesses did they bring into the City; questioned where the consultant was successful and where they needed to do better; emphasized the need to ensure clarity of purpose for the consultant; questioned the consultant on their long-term plan; noted the RSM Chambers' political fund raisers and questioned the consultant on how they navigated through the issue; and noted that most Chamber of Commerce organizations are very cautious in this area. Ms. Cervantez responded that the economic development program did bring interested developers related to the Chiquita Ridge project; and spoke on the current scope of work that included business attraction rather than business retention. Council Member Beall noted that the fund raiser that was advertised through the Chamber was hosted by him and that he wrote the materials related to the fund raiser. Ms. Suzanne Singh, Principal, Economic Development Service, LLC, noted that she has had a positive influence on the business attraction scope of work; cited her ability to differentiate her responsibilities between the RSM Chamber and her consultant work with the City; and noted that she did not play "favorites" related to political fund raisers. 1 ) Joe Daichendt spoke in opposition to the contract extension and provided supplemental information (Exhibit 3 on file in the City Clerk's Office). The following speakers spoke in support of the contract extension:
- City of Rancho Santa Margarita City Council Regular Meeting Minutes December 11, 2013 Page 10 1 0) Lee Sweeney 11)JimThor 12) Curt Stanley 13) Gary Thompson Council Member Petrilla thanked Suzanne Singh for her economic development efforts; and read aloud an email related to his request that the RSM Chamber provide him an opportunity to fund raise for his campaign as well City Council discussion included the use of sales tax revenue to fund economic development; noted the proven track record of Ms. Singh; noted that the submitted invoices by Ms. Singh were resolved; was impressed with the business owners who spoke on Ms. Singh's behalf; noted the benefit of comprehensive debate that should provide greater clarity; and stated that upcoming budget deliberations would provide an opportunity to revisit the economic development program scope of services. ACTION: It was moved by Mayor Gamble, seconded by Council Member Beall and carried, to: 1) Approve proposed contract Amendment No. 1 to extend the term of the Consulting Services Agreement with Economic Development Services (EDS) of California, LLC and to increase the maximum not-to-exceed amount for economic development business outreach and attraction services. 2) Authorize the Mayor to execute Amendment No. 1 to the Economic Development Services (EDS) of California, LLC Consulting Services Agreement. The motion carried by the following vote: AYES: 3 Council Member Beall, Mayor Pro Tempore McGirr and Mayor Gamble NOES: 2 Council Members Baric and Petrilla ABSTAIN: 0 None ABSENT: 0 None 6. PUBLIC HEARING ITEMS 6.1 ORDINANCES AMENDING TITLE 10 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO SANTA MARGARITA MUNICIPAL CODE BY ADOPTING THE CALIFORNIA BUILDING STANDARDS CODE, 2013 EDITION, (CALIFORNIA CODE OF REGULATIONS, TITLE 24) INCLUDING THE CALIFORNIA BUILDING CODE, RESIDENTIAL CODE, GREEN BUILDING STANDARDS CODE, ELECTRICAL CODE, PLUMBING CODE, MECHANICAL CODE, REFERENCED STANDARDS CODE, ENERGY CODE, AND THE FIRE CODE, AS WELL AS THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS 8
City Council Regular Meeting Minutes December 11, 2013 Page 11 7. CONTINUED ITEMS Jennifer Cervantez, City Manager, presented the staff report. Mayor Gamble opened the public hearing at 9:45 p.m. and hearing no requests to speak, closed the public hearing at 9:46p.m. ACTION: It was moved by Council Member Beall, seconded by Mayor Pro Tempore McGirr and unanimously carried to adopt Ordinances Nos. 13-03 and 13-04 entitled: There were none. 8. NEW BUSINESS ORDINANCE NO. 13-03 - 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 2013 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24) CONSISTING OF THE 2013 CALIFORNIA BUILDING CODE, BASED ON THE 2012 INTERNATIONAL BUILDING CODE; THE 2013 CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDIX G, BASED ON THE 2012 INTERNATIONAL RESIDENTIAL CODE; THE 2013 GREEN BUILDING STANDARDS CODE; THE 2013 CALIFORNIA PLUMBING CODE, BASED ON THE 2012 UNIFORM PLUMBING CODE; THE 2013 CALIFORNIA MECHANICAL CODE, BASED ON 2012 UNIFORM MECHANICAL CODE; THE 2013 CALIFORNIA ELECTRICAL CODE, BASED ON THE 2011 NATIONAL ELECTRICAL CODE; THE 2013 CALIFORNIA REFERENCED STANDARDS CODE; AND THE 2013 CALIFORNIA ENERGY CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, AND DELETIONS; AND ADOPTING THE 2012 INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO. 13-04- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA CALIFORNIA, AMENDING AND RENUMBERING SECTIONS 10.10 AND 10.11 OF TITLE 10 (BUILDINGS AND CONSTRUCTION) OF THE RANCHO SANTA MARGARITA MUNICIPAL CODE BY ADOPTING THE 2013 EDITION OF THE CALIFORNIA FIRE CODE (CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9) INCLUDING APPENDICES B, BB, C AND CC, BASED ON THE 2012 INTERNATIONAL FIRE CODE, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS 8.1 CITY COUNCIL "OTHER AGENCY" REPRESENTATIVE LIST Jennifer Cervantez, City Manager, presented the staff report. 9
City Council Regular Meeting Minutes December 11,2013 Page 12 RECESS City Council discussion included the need to replace Mr. Gutman as the City's representative to the Orange County Vector Control's Board of Trustees. ACTION: If was moved by Mayor Gamble, seconded by Council Member Beall and unanimously carried to appoint Council Member Baric as the City's representative to the Orange County Vector Control Board of Trustees. ACTION: It was moved by Mayor Gamble, seconded by Mayor Pro Tempore McGirr and unanimously carried to approve the City Council "Other Agency" List as amended and direct the City Clerk to prepare and post an updated Fair Political Practices Form 806 to reflect all paid appointments to "Other Agency" Boards, Committees, and/or Commissions in accordance with State law. 8.2 APPROVAL OF THE PROPOSED HABITAT RESTORATION PLAN FOR THE APPROXIMATELY 82.9-ACRE UPPER OSO PROJECT LOCATED WITHIN O'NEILL REGIONAL PARK INCLUDING THE ADOPTION OF A NEGATIVE DECLARATION Jennifer Cervantez, City Manager, referenced the supplemental information provided for this item, provided background information on the item and introduced Nate Farnsworth, Senior Planner, who presented the staff report and PowerPoint presentation (Exhibit 4 on file in the City Clerk's Office). ACTION: It was moved by Mayor Pro Tempore McGirr, seconded by Council Member Beall, and unanimously carried, to: 1) Adopt amended Resolution No. 13-12-11-03 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA MARGARITA, CALIFORNIA TO APPROVE AND ADOPT A NEGATIVE DECLARATION AND THE HABITAT RESTORATION PLAN FOR THE APPROXIMATELY 82.9-ACRE UPPER OSO PROJECT LOCATED WITHIN O'NEIL REGIONAL PARK 2) Direct staff to commence a Request for Proposals for a qualified Landscape Installation/Maintenance Contractor to implement the Restoration Plan. Mayor Gamble recessed the City Council Regular Meeting at 9:55p.m., to the Rancho Santa Margarita Public Financing Authority Meeting. RECONVENE CITY COUNCIL MEETING Mayor Gamble reconvened the City Council regular meeting at 10:00 p.m. 9. PUBLIC COMMENTS {Continued) There were none. 10. CITY MANAGER REPORT 10
City Council Regular Meeting Minutes December 11, 2013 Page 13 There was none. 11. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS 11.1. COMMITTEE ASSIGNMENT REPORTS Received Oral Reports on the following City Council Committee Assignments: ORANGE COUNTY FIRE AUTHORITY Mayor Gamble provided an update on the recently held meeting that included discussion of the Fire Chief's performance evaluation. COMMUNITY ASSOCIATIONS OF RANCHO Mayor Pro Tempore McGirr provided an update on the recently held meeting that included a presentation by resident Brent Hoff. 11.2 COUNCIL MEMBER REPORT/COMMENT There were none. RECESS TO CLOSED SESSION Mayor Gamble recessed the regular meeting at 10:05 p.m., to Closed Session to hear the following matter: 12. CLOSED SESSION The City Council convened in Closed Session, in the Emergency Operations Center, City Hall, and considered the following matters: 12.1 CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c)) of Government Code Section 54956.9: One (1) potential case. RECONVENE Mayor Gamble reconvened to regular session in the City Council Chambers at 11 :26 p.m. 13. CLOSED SESSION REPORT 13.1 REPORT ON WHETHER ANY REPORTABLE ACTION WAS TAKEN ON ANY MATTERS CONSIDERED DURING CLOSED SESSION Greg Simonian, City Attorney, reported that there was no reportable action from the Closed Session. 11
City Council Regular Meeting Minutes December 11, 2013 Page 14 ADJOURNMENT Mayor Gamble adjourned the meeting at 11:27 p.m., to a Regular City Council meeting to be held on January 8, 2014, at 7:00p.m., in City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California, 92688. ATTEST: CAROLA.GAMBLE,MAYOR MOLLY MCLAUGHLIN, CITY CLERK Approved: January 8. 2014 12