CITY OF RANCHO SANTA MARGARITA
CITY COUNCIL REGULAR MEETING MINUTES
January 24, 2024
The meeting was called to order at 7:06 p.m. in the Council Chambers. Present: Mayor Carol A.
Gamble, Mayor Pro Tempore Bradley J. McGirr, Council Members Anne D. Figueroa and Jerry Holloway (4). Absent: Council Member L. Anthony Beall (1). The Salute to the Flag was led by Council Member Figueroa.
Kennedy, Captain; Amy Diaz, City Clerk.
1. SCHEDULE OF FUTURE EVENTS - None.
2. PRESENTATIONS AND PROCLAMATIONS
Mayor Gamble invited forward Wade Munson, Orange County Fire Authority Firefighter Paramedic and Deputy Director of Behavior Health for the Orange County Professional Firefighters Association Local 3631, to present the following:
2.1 PRESENTATION - ORANGE COUNTY FIRE AUTHORITY BEHAVIOR WELLNESS
PROGRAM UPDATE BY FIREFIGHTER PARAMEDIC WADE MUNSON
Mayor Gamble invited forward Laura Grant, Executive Director of Strategic Implementation with the City of Hope, to present the following:
2.2 PRESENTATION - CITY OF HOPE ORANGE COUNTY SERVICES BY LAURA GRANT,
EXECUTIVE DIRECTOR OF STRATEGIC IMPLEMENTATION
Mayor Gamble presented the following:
2.3 2023 EMPLOYEE OF THE YEAR RECOGNITION TO RYAN SHAH, COMMUNITY
SERVICES COORDINATOR
2.4 CERTIFICATES OF RECOGNITION - STUDENT RECOGNITION PROGRAM 1) ST. JUNIPERO SERRA CATHOLIC SCHOOL - ACE CHRISTOPHERSON-
BILBRUCK AND JUDE ZAWISTOSKI
2) TIJERAS CREEK ELEMENTARY SCHOOL - HAMEED KAGHAZ AND NATALIE
RUSSELL
2.5 CERTIFICATES OF RECOGNITION TO THE SANTA MARGARITA CATHOLIC HIGH
SCHOOL GIRLS GOLF TEAM - CIF CHAMPIONS
1 City of Rancho Santa Margarita
City Council Regular Meeting Minutes January 24, 2024
3. PUBLIC COMMENTS
The following individuals addressed the Council on matters within the jurisdiction of the City Council:
Carrie Prentice, City of Rancho Santa Margarita resident, asked the City Council to reconsider the Boys and Girls Club funding and suggested having the museum artifacts showcased within the Bell Tower Regional Community Center.
Mirna Kemp, City of Rancho Santa Margarita resident, asked the City Council to reconsider the Boys and Girls Club funding and consider other solutions for the museum.
Alex Felthaus, City of Rancho Santa Margarita resident, inquired why the Boys and Girls Club would be losing their space in lieu of a museum.
Abhay Kamat, City of Rancho Santa Margarita resident, expressed his concern regarding the Boys and Girls Club funding and the affect it will have on many families.
Ethan Murray, Representative with Senator Blakespears Office, recognized former Mayor Holloway with a Certificate of Recognition for his service last year.
Michael Ebel, City of Rancho Santa Margarita resident, expressed his support for the Boys and Girls Club and requested an item on a future agenda to discuss the contract.
Mayor Gamble announced the following eComments received:
Jenny Shoemaker, regarding the Boys and Girls Club.
Mayra Pizano, regarding the Boys and Girls Club.
Krystal Pettus, regarding the Boys and Girls Club.
Sylvia Patino, regarding the Boys and Girls Club.
Mirna Kemp, regarding the Boys and Girls Club.
Julia Hearn, regarding the Boys and Girls Club.
Elisha Flansburg, regarding the Boys and Girls Club.
Shawn Gordon, regarding eComments.
Trina Brettmann, regarding the Boys and Girls Club.
Sarah Burt, regarding the Boys and Girls Club.
Allison Centala, regarding the Boys and Girls Club.
CONSENT CALENDAR
Mayor Gamble announced that staff requested to remove Agenda Item No. 4.7 from the Consent Calendar to provide a report.
2 City of Rancho Santa Margarita
City Council Regular Meeting Minutes January 24, 2024
Mayor Pro Tempore McGirr moved, seconded by Council Member Holloway to approve the Consent Calendar (Item Nos. 4.1 through 4.6).
The motion was approved by the following vote:
AYES: Council Members Figueroa, Holloway, Mayor Pro Tempore McGirr and Mayor Gamble NOES: None (0)
ABSTAIN: None (0)
ABSENT: Council Member Beall (1)
4.1 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.
4.2 APPROVAL OF CERTIFICATES OF RECOGNITION
Approved the following Certificates of Recognition:
1) 2023 Employee of the Year recognition to Ryan Shah, Community Services Coordinator; and
2) Student Recognition Program:
a) St. Junipero Serra Catholic School - Ace Christopherson-Bilbruck and Jude Zawistoski; and
b) Tijeras Creek Elementary School - Hameed Kaghaz and Natalie Russell 3) Santa Margarita Catholic High School Girls Golf Team - CIF Champions.
4.3 APPROVAL OF MINUTES
Approved the January 10, 2024 City Council Regular meeting minutes.
APPROVAL OF WARRANT REGISTERS DATED JANUARY 8, 2024 AND JANUARY 16, 2024
Approved the warrant registers totaling $1,074,263.42.
4.5 INVESTMENT REPORT FOR THE MONTH OF DECEMBER 2023
Received and filed the Investment Report for the month of December 2023.
4.6 RESULTS OF FISCAL YEAR 2023 FINANCIAL STATEMENT AUDIT, SUMMARY
FINANCIAL INFORMATION, REED AUDITOR COMMUNICATIONS,
APPROPRIATIONS LIMIT REPORT, AND ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2023
Received and filed the City's Annual Comprehensive Financial Report for the Fiscal Year ended June 30, 2023.
3 City of Rancho Santa Margarita
City Council Regular Meeting Minutes January 24, 2024
ITEMS REMOVED FROM THE CONSENT CALENDAR
4.7 RESOLUTION AMENDING AND RESTATING CITY COUNCIL POLICY 4.4 RELATED
TO RULES OF DECORUM AND PROCEDURES FOR CITY COUNCIL MEETINGS Mayor Gamble introduced Jennifer Cervantez, City Manager, who provided a brief overview of the staff report. City Manager Cervantez introduced Gregory Simonian, City Attorney, to provide a report on eComments.
Mayor Gamble opened the item to City Council questions of staff.
Council Member Holloway inquired when eComments were incorporated; how can someone access eComments via administrative record; asked the City Attorney's opinion if the best practice for eComments is to read the person's name and the general topic or read the eComment verbatim, and asked if both actions are legal; asked if disruptive behavior verbiage or demeanor is more of an issue with violating statues and laws; expressed his opinion that eComments should be read into the record verbatim; clarified the change in the "Order of Business" on the agenda, specifically "Matters Presented by Mayor and Councilmembers"
Council Member Holloway moved to approve Item No. 4.7 in its entirety other than the last sentence under Section 3, C. Persons Addressing the City Council, Subsection (11), from "EComments will not be read aloud by the Presiding Officer during the meeting, either verbatim or in summary" to "EComments will be read in their entirety by the Presiding Officer during the meeting."
Mayor Gamble invited forward the following individual who addressed the Council on matters within the jurisdiction of the City Council:
Chris McLaughlin, City of Rancho Santa Margarita resident, noted his concern with the Rules of Decorum section and not being able to address an individual Council Member only.
City Attorney Simonian addressed the Rules of Decorum and Persons Addressing the City Council sections within the Policy.
Mayor Gamble opened the item to City Council discussion.
Council Member Figueroa noted that the eComments portion of the meeting is important to her because not everyone can attend meetings in-person; she would like to continue to have eComments read into the record with the residents name and the topic of interest.
Mayor Pro Tempore McGirr stated he is not in favor of eliminating eComments for those individuals that are unable to attend meetings in-person; noted that the purpose of the eComments are to notify and/or address the City Council as to a concern; it is important to him that the Council have the opportunity to avail themselves of the comments being made by email from various members of the public and for others that attend in-person to address the City Council. Mayor Pro Tempore McGirr expressed his appreciation to staff for the preparing the Rules of Decorum and procedures to give more guidance in the future.
4 City of Rancho Santa Margarita
City Council Regular Meeting Minutes January 24, 2024
Mayor Gamble noted City Attorney Simonian's clarification that eComments are not Public Comments; noted that the purpose of eComments were for members of the public that could not attend meetings in-person to communicate with the City Council; believes that what became confusing during covid is that eComments were the only opportunity to communicate with the Council, so eComments were used in substitution of Public Comments; she appreciates staff's desire to clarify eComments.
Mayor Gamble noted that she does not wish to have eComments read aloud verbatim; she supports eComments to continue to be submitted and acknowledged, although it is not a requirement of the City Council; does not believe there is any other City that acknowledges receiving eComments on the dais, let alone reading them verbatim.
City Manager Cervantez clarified that staff would not recommend summarizing eComments because there is too much discretion in summarizing, which it could lead to a situation where different eComments are summarized differently or the Presiding Officer may misunderstand the intent of the eComment.
Mayor Gamble asked if there was a second to Council Member Holloways motion to move staff's recommendation subject to amending the last sentence of Section 3, C, 11, to make it clear that eComments will be read verbatim by the Presiding Officer during the meeting.
There was not a second to Council Member Holloways motion, therefore the motion died.
Mayor Gamble inquired if there is a new motion.
Council Member Figueroa moved, seconded by Mayor Pro Tempore McGirr to approve staff's recommendation.
Council Member Holloway clarified if the motion by Council Member Figueroa would have the Presiding Officer read the residents name and topic as eComments were read tonight; inquired how someone could obtain eComments.
City Manager Cervantez noted that eComments would be provided on the evening of the meetings, in the back of the room in the agenda packet for the public's view; residents may also email Amy Diaz, City Clerk, to obtain copies.
Council Member Holloway inquired if residents have previously requested eComments or if it is a new request.
City Manager Cervantez noted City Clerk Diaz recently has received requests for eComments, which are typically provided the same day.
City Clerk Diaz clarified that requested eComments are generally provided the same day; copies of eComments are available at the Council meetings and provided to the public in the back room of the City Council Chambers.
Council Member Holloway noted he sees this as a restrictive move that has never been a problem, but can potentially be a problem if mayors were not consistent on the level of how they read the eComments. Council Member Holloway feels it is not in the best interest of the residents to not have the eComments read into the record, because individuals that cannot attend a meeting to obtain copies would need to request them via 5 City of Rancho Santa Margarita
City Council Regular Meeting Minutes January 24, 2024
a public records request. Council Member Holloway noted he is having difficulty understanding why we are fixing something that is not an issue.
Council Member Figueroa made a suggestion on page 11 of the policy, to have eComments acknowledged "out loud" by the Presiding Officer.
City Attorney Simonian clarified that when eComments are received for an agenda item, individual Council Members can discuss an eComment during discussion and deliberation.
Council Member Holloway asked for clarification regarding an eComment on an agenda item.
Mayor Gamble inquired if a member of the public submits an eComment and also wished to make a Public Comment for the same topic and position, how should it be addressed.
City Attorney Simonian recommended allowing both.
City Manager Cervantez further clarified that for a general public comment item, the Presiding Officer would acknowledge the eComment by name and topic, then they would have the ability to make their comment in-person.
Council Member Holloway asked for further clarification regarding a member of the public submitting an eComment and also attending the meeting to address the same topic.
City Manager Cervantez noted that the policy acknowledges that eComments are not public comments and how they should to be addressed.
City Attorney Simonian also stated that under the Brown Act under State Law, a speaker is legally entitled to stand at the podium for three minutes and discuss any agendized item or topic within the Councils jurisdiction; the Brown Act does not recognize eComments.
Mayor Gamble noted that Council Member Figueroa moved that the eComments will be acknowledged "out loud" by the Presiding Officer, that eComments received will be acknowledged by the Presiding Officer by the name of the resident as well as the topic, seconded by Mayor Pro Tempore McGirr to approve staff's recommendation.
Council Member Holloway noted for the record that he will be voting no on this item specifically for the section on how eComments are acknowledged, noted he agrees with everything else other than that specific portion of the policy. Council Member Holloway noted his desire to have eComments read verbatim.
Mayor Gamble announced the following eComment received on this item:
Beth Heard, regarding eComments.
Mayor Gamble noted there is a motion by Council Member Figueroa to move staff's recommendation with eComments acknowledged "out loud" by the Presiding Officer, seconded by Mayor Pro Tempore McGirr, to approve the following:
6 City of Rancho Santa Margarita
City Council Regular Meeting Minutes January 24, 2024
Adopted Resolution No. 24-01-24-01 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO SANTA
MARGARITA, CALIFORNIA, AMENDING AND RESTATING IN ITS ENTIRETY CITY COUNCIL POLICY 4.4, ENTITLED "RULES OF DECORUM AND PROCEDURE FOR THE CONDUCT OF CITY COUNCIL MEETINGS"
REGARDING DISRUPTIVE BEHAVIOR DURING MEETINGS, REMOVAL OF
INDIVIDUALS, DISORDERLY CONDUCT, ENFORCEMENT, ORDER OF
BUSINESS, AND OTHER REVISIONS AND UPDATES CONSISTENT WITH THE RALPH M. BROWN ACT
The motion was approved by the following vote:
AYES: Council Member Figueroa, Mayor Pro Tempore McGirr and Mayor Gamble (3) NOES: Council Member Holloway (1)
ABSTAIN: None (0)
ABSENT: Council Member Beall (1)
5. PUBLIC HEARING ITEMS - None.
6. CONTINUED ITEMS - None.
7. NEW BUSINESS - None.
PUBLIC COMMENTS - None.
9. CITY MANAGER REPORT - None.
10. MATTERS PRESENTED BY MAYOR AND COUNCIL MEMBERS
10.1 COMMITTEE ASSIGNMENT REPORTS
Received Oral Reports on the following City Council Committee Assignments:
1) FOOTHILL/EASTERN TRANSPORTATION CORRIDOR AGENCIES
Mayor Gamble announced that Council Member Beall was absent tonight and would provide a report on the Foothill/Eastern Transportation Corridor Agencies meeting at the next Council meeting.
10.2 COUNCIL MEMBER REPORT/COMMENT
Council Member Holloway thanked everyone involved with the enforcement of the Health Code in reference to the taco stands.
Mayor Gamble announced she attended a meeting with the Rotary Club, RSM Chamber of Commerce, Rancho Santa Margarita Landscape and Recreation Corporation (SAMLARC) and the City where they worked together on calendar items and items of mutual interests. They also heard from RSM Cares.
Mayor Gamble noted she attended a meeting with City Manager Cervantez and SAMLARC regarding the taco stands.
7 City of Rancho Santa Margarita
City Council Regular Meeting Minutes January 24, 2024
Mayor Gamble complimented Cheyne Maule, Division Chief from the Orange County Fire Authority (OCFA), for putting together a meeting to understand the OCFA interview process.
ADJOURNMENT
Mayor Gamble adjourned the meeting at 9:40 p.m., to the next regularly scheduled meeting of the City Council to be held on Wednesday, February 14, 2024, at 7:00 p.m., in the City Council Chambers, City Hall, located at 22112 El Paseo, Rancho Santa Margarita, California.
CAROL A. GAMBLE, MAYOR
PREPARED BY:
Diag
MY DIAZ, CITY CLERK
Approved: February 14, 2024
8