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City Council

Regular Meeting

San Clemente, CA · September 6, 2022

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Minutes

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, September 6, 2022 5:00 PM 2nd Floor City Council San Clemente, California Regular Meeting Minutes www.san-clemente.org 5:00 p.m. – Business Meeting I Mayor James 6:00 p.m. – Closed Session Mayor Pro Tem Duncan 7:00 p.m. – Business Meeting II Councilmember Ferguson Councilmember Knoblock Councilmember Ward These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered. A Regular and Special Meeting of the San Clemente City Council was called to order by Mayor James on September 6, 2022 at 5:00 p.m. in the San Clemente Community Center auditorium, located at 100 N. Calle Seville, San Clemente. PRESENT: Duncan, Ferguson, Mayor James, Knoblock, and Ward STAFF PRESENT: Erik Sund, City Manager; Scott Smith, City Attorney; Megan Garibaldi, Deputy City Attorney; Joanne Baade, City Clerk; Laura Campagnolo, Legislative Administrator; Megan Jimenez, Deputy City Clerk BUSINESS MEETING PART 1 INVOCATION Michael Holmes, Student Director, Shoreline Community Church gave the invocation. PLEDGE OF ALLEGIANCE Amanda Quintanilla led the Pledge of Allegiance. 1. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor James, second by Councilmember Knoblock, CARRIED to waive reading in full of all Resolutions and Ordinances. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Page 1 of 15 City Council Regular Meeting Minutes September 6, 2022 2. Consideration of agendizing items requiring immediate action None. 3. Oral Communications (Part 1) Brad (no last name provided) commented on the City's Legal Services contract for City Attorney; voiced concern with the Subcommittee recommendation for City Manager. Martina (no last name provided) spoke on the need to reinstate an ethics policy; opined that campaign contributions could create a potential conflict of interest. Eric Anderson, San Clemente, requested that Council support the Capistrano Shores Mobilehome Park with regard to California Coastal Commission building height requirements; provided a draft letter to Council, which is on file with the City Clerk. George Gregory spoke on the City Council meeting agenda format and spoke to the importance of equal enforcement of laws. Mikii Rathmann, PierPride Foundation volunteer, narrated a Powerpoint entitled "PierPride 2022 Update". A hard copy of the presentation is on file with the City Clerk. Don Brown and Jim Nielsen, with the PierPride Foundation, announced the completion of the Snack Shack renovation; presented the City with a check in the amount of $75,000. Concerned Citizen, San Clemente, narrated a PowerPoint on Municipal Code 8.48.090 relating to noise levels that create a public nuisance. A hard copy of the presentation is on file with the City Clerk. Tyler Boden, speaking on behalf of the San Clemente Chamber of Commerce, spoke on the success of the Fiesta Music Festival held on August 14, 2022. Dawn Urbanek spoke on a letter written and posted on social media by Mayor Pro Tem Duncan concerning his pro-choice stance. Stuart Anderson spoke on the San Diego County Safe Parking Program and encouraged Council to consider a similar program in San Clemente. Mark Enmeier, San Clemente, spoke on safety concerns for e-bikes and the need for additional bike lanes. Amanda Q commented on the Town Hall Meeting concerning Max Berg Plaza Park and the effort to prevent RVs from parking along the park and school grounds. Page 2 of 15 City Council Regular Meeting Minutes September 6, 2022 Safe Parking Program Motion by Mayor Pro Tem Duncan to agendize consideration of a Safe Parking Program in San Clemente. Motion WITHDRAWN by Mayor Pro Tem Duncan. Motion by Mayor Pro Tem Duncan, FAILED to assign the Human Affairs Committee to evaluate the feasibility of a Safe Parking Program in San Clemente. AYE: Duncan NOE: Ferguson, Mayor James, Knoblock, and Ward Capistrano Shores Building Heights Councilmember Knoblock, with the support of Mayor James and Mayor Pro Tem Duncan, agendized consideration of a letter of support for the Capistrano Shores Mobilehome Park building height allowance under review by the California Coastal Commission at the September 20, 2022 City Council Meeting. E-Bikes Mayor James, with the support of Mayor Pro Tem Duncan and Councilmember Knoblock, agendized the review of the Carlsbad Emergency Order concerning e-bikes and requested that the Public Safety Committee and the City's Traffic Engineer brief Council at the September 20, 2022 City Council Meeting on current efforts regarding the safety of e-bikes. 4. Consent Calendar The following Items were removed from the Consent Calendar for discussion: 4C(2), 4G, 4H, 4I. A. City Council Minutes Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to: (1) APPROVE THE MINUTES OF THE REGULAR AND SPECIAL COUNCIL MEETING OF AUGUST 16, 2022. (2) APPROVE THE MINUTES OF THE JOINT CITY COUNCIL MEETING OF AUGUST 30, 2022. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Page 3 of 15 City Council Regular Meeting Minutes September 6, 2022 B. Commission/Committee Minutes Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to receive and file: (1) Public Safety Committee Regular Meeting minutes of May 24, 2022 (2) Public Safety Committee Regular Meeting minutes of June 28, 2022 (3) Zoning Administrator Regular Meeting minutes of August 4, 2022 (4) Zoning Administrator Regular Meeting minutes of August 18, 2022 (5) Public Safety Committee Regular Meeting minutes of July 26, 2022 (6) Human Affairs Committee Special Meeting minutes of August 16, 2022. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None C(1). Warrant Register Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to: Approve Wire Transfer Nos. 2699 through 2701 and Warrant Nos. 582951 through 583061, paid on 8-19-22, in the amount of…….……….……..…..…….…..… $ 648,171.86 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Warrant Register C(2) was removed from the Consent Calendar for discussion. Page 4 of 15 City Council Regular Meeting Minutes September 6, 2022 Payroll Register Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to: Approve Warrant Nos. 875 through 877 Automatic Deposit Advises 80452 through 80774, for the period 8-8-22 though 8-21-22, paid on 8-26-22, in the amount of………..……..…..………….…….$ 485,946.05 TOTAL PAYROLL REGISTER………………………………….$ 485,946.05 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None D. ORDINANCE NO. 1733 (SECOND READING) - PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to adopt Ordinance 1733 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE ADDING CHAPTER 10.54 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 10 (VEHICLES AND TRAFFIC) TO THE SAN CLEMENTE MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Page 5 of 15 City Council Regular Meeting Minutes September 6, 2022 E. NOTICE OF COMPLETION - FY 2021 STREET IMPROVEMENT PROGRAM AND FY 2022 MAJOR STREET MAINTENANCE Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to: 1. Accept the FY 2021 Street Improvement Program and FY 2022 Major Street Maintenance, from the contractor Roy Allen Slurry Seal, Inc., CIP Project Nos. 11306 and 22303. 2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for FY 2021 Street Improvement Program and FY 2022 Major Street Maintenance. 3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Roy Allen Slurry Seal, Inc. 4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None F. CONTRACT AWARD - FY 2023 PAVEMENT PRESERVATION PROGRAM Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to: 1. Approve the plans and specifications for FY 2023 Pavement Preservation Program, Project No. 23303. 2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No.C22-51, by and between the City of San Clemente and Palp Inc. DBA Excel Paving Company, providing for FY 2023 Pavement Preservation Program, in the amount of $238,550. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Page 6 of 15 City Council Regular Meeting Minutes September 6, 2022 J. UPDATE TO POLICY AND PROCEDURE 601-8-19 (USE OF INFORMATION TECHNOLOGY) Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to approve Policy and Procedure 601-8-19 (Use of Information Technology), effective September 6, 2022 and authorize the City Manager to update as needed. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None K. PURCHASE OF WATER METERS FOR FISCAL YEAR 2022-23. Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to approve the purchase of water meters from Ferguson Waterworks and Metron-Farnier for Fiscal Year 2022-23 based on the fixed price quotes for a total amount not to exceed $102,000. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION C(2). WARRANT REGISTER Motion by Councilmember Ferguson, second by Mayor James, CARRIED to: Approve Wire Transfer Nos. 2702 through 2706 and Warrant Nos. 583062 through 583175, paid on 8-26-22, in the amount of…….……….……..…..…….…..… $ 6,376,489.40 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None G. SUPPLEMENTAL APPROPRIATION FOR SLOPE ANALYSIS AT 100 AVENIDA PRESIDIO Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to approve an appropriation of $110,000 from the General Fund Unassigned Fund Balance into account 001-411-43690-000-00000, Development Engineering - Other Professional Services and authorize the Public Works Director/City Engineer to execute Contract No. C22-52 with the selected firm to perform the scope of services as depicted in their proposal and pursuant to their existing Professional Services Agreement. AYE: Duncan, Ferguson, Mayor James, and Ward NOE: Knoblock Page 7 of 15 City Council Regular Meeting Minutes September 6, 2022 H. CONTRACT AWARD - WORKERS’ COMPENSATION THIRD PARTY ADMINISTRATIVE SERVICES AGREEMENT Motion by Councilmember Knoblock, second by Mayor James, CARRIED to approve, and authorize the City Manager to execute, Contract No. C22-53, by and between the City of San Clemente and Adminsure, Inc., providing for Workers' Compensation Claims Administration Services, for a period of one year. AYE: Ferguson, Mayor James, and Knoblock NOE: Duncan, and Ward I. RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE TO CONSIDER SITE AT 380 AVENIDA PICO (THE CITY’S WATER RECLAMATION PLANT PROPERTY) AS A POTENTIAL LOCATION FOR AN EMERGENCY FOOD STORAGE UNIT Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to table this item and schedule meetings with no more than two Councilmembers at a time with the Public Safety Committee and the vendor to discuss the details of the project. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None 5. Reports A. Commissions and Committees None. B. City Manager Announcement of Contracts Approved and Executed by the City Manager City Manager Sund reported that the following professional services contracts were executed under his signature authority: 1) GPA Consulting - Historic Preservation Consulting in the amount of $32,500 (an increase of $15,000); 2) O'Connell Engineering and Construction - Primary Clarifier No. 5 Concrete Repair in the amount of $16,825; 3) Bird Solutions International - On-Call Bird Trapping and Rehoming and Pier Netting Inspection and Maintenance Services $25,000. City Council Administration City Manager Sund provided an update on the City's new legislative software (Granicus), and on the Council Chambers construction at 910 Calle Negocio; reported that the City Council Meeting of September 20, 2022 will be held in the new chambers with additional equipment to be installed when available. Staff to research to see if the approval queue can be made visible on the Administrative Page 8 of 15 City Council Regular Meeting Minutes September 6, 2022 Reports. C. City Attorney City Attorney Smith provided an update on Senate Bill 1224 Watersheds: Wildlife Habitat: Counties of Orange and San Diego; noted the City's grant application to protect open space is almost complete and ready for submission. D. Council Members Miniature Golf Motion by Councilmember Ferguson, second by Mayor James, CARRIED to issue a request for proposals in two months to consider a miniature golf course at the vacant area at the Vista Hermosa Sports Park. AYE: Duncan, Ferguson, Mayor James, and Knoblock NOE: Ward Pickleball Motion by Councilmember Ward to table the discussion of pickleballl until three Councilmembers want to agendize. Motion DIED for lack of a second. Motion by Councilmember Knoblock, second by Mayor James, CARRIED to agendize for Closed Session at the September 20, 2022 City Council meeting a discussion of the Pickleball Noise Study, Ordinance and claim. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Residential View Protection Mayor James, with the support of Councilmember Knoblock and Mayor Pro Tem Duncan, agendized for the Council Meeting of October 4, 2022, consideration of codifying protection of residential views. Staff is to include an analysis of view Ordinances in effect in the cities of Del Mar, Laguna Beach, Palos Verdes and Tiburon . Public Records Requests on the City's Website Mayor James, with the support of Mayor Pro Tem Duncan, requested that staff make Public Records Act requests viewable and searchable on the City's website; and have staff return to Council if there are any costs involved. Legal Services Review Mayor James, with the support of Councilmember Knoblock and Councilmember Ferguson, agendized a closed session to review legal costs, litigation, and impacts of issuing a request for proposals for legal services. Council suggested beginning the Closed Session at 3:00 p.m. before a regularly scheduled meeting in October 2022. Page 9 of 15 City Council Regular Meeting Minutes September 6, 2022 Surfing League Finals Mayor Pro Tem Duncan discussed the world surfing league finals and the benefit to the community. E. Council Subcommittee Updates None. CLOSED SESSION Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED to recess to Closed Session at 6:27 p.m. to discuss the following: A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 1 Case Name: City of San Clemente v. Urban Development Corp, et al. Case Number: OCSC 30-2022-01261890-CU-OR-CJC B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: 2.2 acre section of and 80 acre parcel on the southwest corner of Avenida La Pata and Vista Hermosa, Assessor’s Parcel Number 678-163-01 Agency Negotiators: City Manager Negotiating Parties: City of San Clemente, Pacific Medical Buildings on behalf of Hoag Under Negotiation: Price and terms of payment AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None BUSINESS MEETING PART 2 Council reconvended at 7:00 p.m., with all Councilmembers present. 6. Closed Session Report - City Attorney No Reportable Action. 7. Special Presentations A. Presentation of Commendation to City Manager Sund Concerned Citizen, San Clemente, presented a PowerPoint concerning the City Managers service. A hard copy of the subject PowerPoint is on file with the City Clerk. Mayor James, presented a commendation to City Manager Sund for his years of exemplary service to the City of San Clemente. Page 10 of 15 City Council Regular Meeting Minutes September 6, 2022 B. Recognition of Out-Going Commission and Committee Members Mayor James recognized the following out-going members of the City's Commissions and Committees and presented City tiles to those in attendance: Joe Janis, Public Safety Committee; John Bandaruk, Beaches, Parks and Recreation Commission; Vincent Hennessy, Beaches, Parks and Recreation Commission; Aaron Washington, Beaches, Parks and Recreation Commission; Shari Grace, Human Affairs Committee; William Kreutinger, Human Affairs Committee; Thomas Olds, Human Affairs Committee and Investment Advisory Committee. C. Update on Homeless Issue Donna Vidrine, San Clemente, spoke on the need for housing for the homeless. The August Update to be provided at September 20, 2022 Council Meeting. 8. Public Hearings None. 9. Unfinished Business None. 10. New Business Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to consider item 10E - Appointment of Sean Joyce as Interim City Manager, ahead of other items in New Business. Please see page 13 of these minutes for action. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None A. ESTABLISHMENT OF A CITIZENS SUBCOMMITTEE TO FURTHER ANALYZE THE FEASIBILITY OF AN AMPHITHEATER (Agendized by Council at the August 16, 2022 City Council Meeting.) Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED to authorize each Councilmember to appoint one member to the newly formed Amphitheater Citizens Committee. AYE: Ferguson, Mayor James, and Knoblock NOE: Duncan, and Ward Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED to sunset the Amphitheater Citizens Committee in two years. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Page 11 of 15 City Council Regular Meeting Minutes September 6, 2022 B. REVIEW OF THE CITY’S CR&R SOLID WASTE AND RECYCLING AGREEMENT BY MSW CONSULTANTS David Davis, Founder, MSW Consultants narrated a PowerPoint entitled "Solid Waste Agreement: Negotiate or RFP". A hard copy of the presentation is on file with the City Clerk. City Manager Sund to research the Lake Forest/ Laguna Niguel cooperative Request for Proposal for Waste and Recycling Services. Motion by Councilmember Knoblock, second by Mayor Pro Tem Duncan, CARRIED to: 1. Authorize the City Manager to issue CR&R a notice of termination of the automatic renewal of the Franchise Agreement prior to September 30, 2022. This will result in the Franchise Agreement terminating on June 30, 2024; 2. Direct City staff to: a. Enter into negotiations with CR&R for a period not to exceed four months. b. If an agreement is not reached within four months, issue a Request for Proposals and solicit firms for a new solid waste and recycling Franchise Agreement. 3. Include an analysis for Street Sweeping services or revenue as part of recommended action number two. 4. Approve and authorize the City Manager to execute, Amendment No. 1 to Contract AC-1046, by and between the City of San Clemente and MSW Consultants, providing for solid waste and recycling negotiations. This Amendment increases the contract amount from $25,000 to an amount not to exceed $65,000 (an increase of $40,000). AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None C. APPROVAL OF LONG-TERM WASTEWATER SERVICES AGREEMENT WITH SANTA MARGARITA WATER DISTRICT (SMWD) City Attorney Smith recused himself for this item as he represents both the City of San Clemente and Santa Margarita Water District. City Attorney Smith left the meeting room at 8:30 p.m. Deputy City Attorney Garibaldi acted as legal counsel. Utilities Director Rebensdorf narrated a PowerPoint entitled "Agreement for Wastewater Services and Recycled Water Purchases between the City and Santa Margarita Water District (SMWD)". A hard copy of the presentation is on file with the City Clerk. Page 12 of 15 City Council Regular Meeting Minutes September 6, 2022 Dan Ferons, General Manager of the Santa Margarita Water District, responded to Council inquiries. Motion by Councilmember Ferguson, second by Mayor James, CARRIED to review the process of having the City's operations annexed and review the annex documents from the City of San Juan Capistrano. AYE: Ferguson, Mayor James, and Knoblock NOE: Duncan, and Ward Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to: 1. Approve, and authorize the City Manager to execute Contract No.C22-54, by and between the City of San Clemente and the Santa Margarita Water District, providing for wastewater treatment services and recycled water purchases from July 1, 2022 through June 30, 2052. 2. Transfer $11,800 from account no. 054-447-47250-000-12605 to account no. 054-477-45300-000-12206. 3. Authorize expenditures in the amount of $3,100,000 from account no. 054- 477-45300-000-12207 for Trampas Regional Recycled Water Reservoir and $611,800 for Pico Recycled Water Pump Station from account no. 054-477- 45300-000-12206. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None City Attorney Smith returned to the meeting room at 8:51 p.m. MEETING RECESSED Council recessed at 8:51 p.m. and reconvened at 8:57 p.m., with all Councilmembers present. D. POLICY AND PROCEDURE 1201-13 RELATING TO CITY COUNCIL USE OF LETTERHEAD AND STATIONERY (Agendized at the August 16, 2022 City Council Meeting by Mayor James, with support of Councilmember Ward and Councilmember Knoblock) Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to approve Policy and Procedure 1201-13 (Use of City of San Clemente Letterhead and Stationery). AYE: Duncan, Ferguson, Mayor James, and Knoblock NOE: Ward Page 13 of 15 City Council Regular Meeting Minutes September 6, 2022 E. APPOINTMENT OF SEAN JOYCE AS INTERIM CITY MANAGER Note: this item was discussed earlier in the meeting. See page 11 of these minutes for action. Motion by Councilmember Ferguson, second by Councilmember Knoblock, FAILED to table the item to the next Closed Session to allow Council to conduct 20 minute interviews per candidate. AYE: Ferguson, and Knoblock NOE: Duncan, Mayor James, and Ward Motion by Mayor James, second by Councilmember Knoblock, CARRIED to recess to Closed Session at 7:30 p.m. to discuss Public Employee Appointment pursuant to Government Code 54957 Public Employee Appointment - Interim City Manager. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Council reconvened at 7:43 p.m., with all Councilmembers present. Motion by Councilmember Ward, second by Mayor Pro Tem Duncan, CARRIED to: 1. Adopt Resolution No. 22-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE APPOINTMENT OF SEAN JOYCE AS INTERIM CITY MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT IN CONNECTION THEREWITH. 2. Approve, and authorize the Mayor to execute, Contract No. C22-55, by and between the City of San Clemente and Sean Joyce, providing for Interim City Manager Services, at the rate of $133.70/hour. AYE: Duncan, Mayor James, and Ward NOE: Ferguson, and Knoblock 11. Reports The Reports portion of the agenda was considerted during Part 1 of the meeting. Please refer to page 8 of these minutes for a summary of that discussion. 12. Oral Communications (Part 2) None. Page 14 of 15 City Council Regular Meeting Minutes September 6, 2022 13. Adjournment Motion by Mayor James, second by Councilmember Ferguson, CARRIED to adjourn at 9:11 p.m. in memory of Courtney Faye Smith. The next Regular Meeting will be held on September 20, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None _______________________________ MAYOR of the City of San Clemente, California _______________________________ CITY CLERK of the City of San Clemente, California Page 15 of 15

Agenda

CITY OF SAN CLEMENTE Community Center Tuesday, September 6, 2022 5:00 PM 100 N. Calle Seville City Council San Clemente, California Regular and Special Meeting Agenda www.san-clemente.org 5:00 p.m. – Business Meeting I Mayor James 6:00 p.m. – Closed Session Mayor Pro Tem Duncan 6:30 p.m. – Business Meeting II Councilmember Ferguson Councilmember Knoblock Councilmember Ward Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda. RULES FOR ADDRESSING COUNCIL • Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente. • If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Community Center Auditorium and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item . Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes. MISSION STATEMENT The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to: Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity… Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs. Page 1 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 BUSINESS MEETING PART 1 (5:00 P.M.) CALL TO ORDER INVOCATION – Michael Holmes, Student Director, Shoreline Community Church PLEDGE OF ALLEGIANCE ROLL CALL 1. Motion waiving reading in full of all Resolutions and Ordinances 2. Consideration of agendizing items requiring immediate action Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council. 3. Oral Communications (Part 1) Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda. 4. Consent Calendar All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council, Staff, or the public requests removal of an item for separate discussion and action. A. City Council Minutes Staff Recommendation (1) APPROVE THE MINUTES OF THE REGULAR AND SPECIAL COUNCIL MEETING OF AUGUST 16, 2022. (2) APPROVE THE MINUTES OF THE JOINT CITY COUNCIL MEETING OF AUGUST 30, 2022. Page 2 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 B. Commission/Committee Minutes Staff Recommendation Receive and file the following: (1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF MAY 24, 2022. (2) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JUNE 28, 2022. (3) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF AUGUST 4, 2022. (4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF AUGUST 18, 2022. (5) PUBLIC SAFETY COMMITTEE REULAR MEETING MINUTES OF JULY 26, 2022. (6) HUMAN AFFAIRS COMMITTEE SPECIAL MEETING MINUTES OF AUGUST 16, 2022. C. Warrant Register (1) Approve Wire Transfer Nos. 2699 through 2701 and Warrant Nos. 582951 through 583061, paid on 8-19-22, in the amount of…….……….……..…..…….…..… $ 648,171.86 (2) Approve Wire Transfer Nos. 2702 through 2706 and Warrant Nos. 583062 through 583175, paid on 8-26-22, in the amount of…….……….……..…..…….…..… $ 6,376,489.40 TOTAL WARRANT REGISTER……………………………….$ 7,024,661.26 Payroll Register Warrant Nos. 875 through 877 Automatic Deposit Advises 80452 through 80774, for the period 8-8-22 through 8-21-22, paid on 8-26-22, in the amount of………..……..…..………….………$ 485,946.05 TOTAL PAYROLL REGISTER………………………………….$ 485,946.05 Page 3 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 D. ORDINANCE NO. 1733 (SECOND READING) - PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS Staff Recommendation Adopt Ordinance No. 1733 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE ADDING CHAPTER 10.54 (UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 10 (VEHICLES AND TRAFFIC) TO THE SAN CLEMENTE MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS. E. NOTICE OF COMPLETION - FY 2021 STREET IMPROVEMENT PROGRAM AND FY 2022 MAJOR STREET MAINTENANCE Staff Recommendation 1. Accept the FY 2021 Street Improvement Program and FY 2022 Major Street Maintenance, from the contractor Roy Allan Slurry Seal, Inc., CIP Project Nos. 11306 and 22303. 2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for FY 2021 Street Improvement Program and FY 2022 Major Street Maintenance. 3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, Roy Allan Slurry Seal, Inc.; and 4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost. F. CONTRACT AWARD - FY 2023 PAVEMENT PRESERVATION PROGRAM Staff Recommendation 1. Approve the plans and specifications for FY 2023 Pavement Preservation Program, Project No. 23303. 2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No.C22-51, by and between the City of San Clemente and Palp Inc. DBA Excel Paving Company, providing for FY 2023 Pavement Preservation Program, in the amount of $238,550. Page 4 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 G. SUPPLEMENTAL APPROPRIATION FOR SLOPE ANALYSIS AT 100 AVENIDA PRESIDIO Staff Recommendation Approve an appropriation of $110,000.00 from the General Fund Unassigned Fund Balance into account 001-411-43690-000-00000, Development Engineering – Other Professional Services and authorize the Public Works Director/City Engineer to execute Contract No. C22-52 with the selected firm to perform the scope of services as depicted in their proposal and pursuant to their existing Professional Services Agreement. H. CONTRACT AWARD - WORKERS’ COMPENSATION THIRD PARTY ADMINISTRATIVE SERVICES AGREEMENT Staff Recommendation Approve, and authorize the City Manager to execute, Contract C22-53, by and between the City of San Clemente and AdminSure, Inc., providing for Workers’ Compensation Claims Administration Services, for a period of five years, in an amount not to exceed $190,000. I. RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE TO CONSIDER SITE AT 380 AVENIDA PICO (THE CITY’S WATER RECLAMATION PLANT PROPERTY) AS A POTENTIAL LOCATION FOR AN EMERGENCY FOOD STORAGE UNIT Public Safety Committee Recommendation Approve the Public Safety Committee’s recommendation to allow a portion of the City’s Water Reclamation Plant property to be used for the placement of an emergency food-storage unit. J. UPDATE TO POLICY AND PROCEDURE 601-8-19 (USE OF INFORMATION TECHNOLOGY) Staff Recommendation Approve Policy and Procedure 601-8-19 (Use of Information Technology), effective September 6, 2022 and authorize the City Manager to update as needed. K. PURCHASE OF WATER METERS FOR FISCAL YEAR 2022-23. Staff Recommendation Approve the purchase of water meters from Ferguson Waterworks and Metron-Farnier for Fiscal Year 2022-23 based on the fixed price quotes for a total amount not to exceed $102,000. Page 5 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 5. Reports A. Commissions and Committees B. City Manager C. City Attorney D. Council Members E. Council Subcommittee Updates CLOSED SESSION (6:00 P.M.) A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 1 Case Name: City of San Clemente v. Urban Development Corp, et al. Case Number: OCSC 30-2022-01261890-CU-OR-CJC B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code Section 54956.8 Property: 2.2 acre section of and 80 acre parcel on the southwest corner of Avenida La Pata and Vista Hermosa, Assessor’s Parcel Number 678-163-01 Agency Negotiators: City Manager Negotiating Parties: City of San Clemente, Pacific Medical Buildings on behalf of Hoag Under Negotiation: Price and terms of payment BUSINESS MEETING PART 2 (6:30 P.M.) 6. Closed Session Report - City Attorney 7. Special Presentations A. Presentation of Commendation to City Manager Sund Presentation of Commendation to City Manager Sund in recognition of his exemplary service to the City of San Clemente. Page 6 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 B. Recognition of Out-Going Commission and Committee Members Presentation of City tiles to the following out-going members of the City’s Commissions and Committees: Joe Janis Public Safety Committee John Bandaruk Beaches, Parks and Recreation Commission Vincent Hennessy Beaches, Parks and Recreation Commission Aaron Washington Beaches, Parks and Recreation Commission Shari Grace Human Affairs Committee William Kreutinger Human Affairs Committee Thomas Olds Human Affairs Committee and Investment Advisory Committee C. Update on Homeless Issue (August Update to be Provided at September 20, 2022 Council Meeting) 8. Public Hearings The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion. None. 9. Unfinished Business None. Page 7 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 10. New Business A. ESTABLISHMENT OF A CITIZENS SUBCOMMITTEE TO FURTHER ANALYZE THE FEASIBILITY OF AN AMPHITHEATER (Agendized by Council at the August 16, 2022 City Council Meeting.) Staff Recommendation 1. Staff Recommends that Council take one of the following actions: a. Authorize the Legislative Administrator to advertise to fill 5 vacancies on the newly formed Amphitheater Citizens Committee and schedule a meeting to interview and appoint five committee members. OR b. Determine to have each Councilmember provide a recommended candidate to the Legislative Administrator to create the newly formed Amphitheater Citizens Committee. AND 2. Determine whether to set term dates, or to have the Committee sunset after a period of two years. B. REVIEW OF THE CITY’S CR&R SOLID WASTE AND RECYCLING AGREEMENT BY MSW CONSULTANTS Staff Recommendation 1. Authorize the City Manager to issue CR&R a notice of termination of the automatic renewal of the Franchise Agreement prior to September 30, 2022. This will result in the Franchise Agreement termination on June 30, 2024; 2. Direct City staff to: a. Enter into negotiations with CR&R for a period not to exceed four months; and, b. If an agreement is not reached within four months, issue a Request for Proposals and solicit firms for a new solid waste and recycling Franchise Agreement; 3. Include an analysis for Street Sweeping services or revenue as part of recommended action number two; and 4. Approve and authorize the City Manager to execute, Amendment No. 1 to Contract AC-1046, by and between the City of San Clemente and MSW Consultants, providing for solid waste and recycling negotiations. This Amendment increases the contract from $25,000 to an amount not to exceed $65,000 (an increase of $40,000). Page 8 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 C. APPROVAL OF LONG-TERM WASTEWATER SERVICES AGREEMENT WITH SANTA MARGARITA WATER DISTRICT (SMWD) Staff Recommendation 1. Approve, and authorize the City Manager to execute Contract No.C22-54, by and between the City of San Clemente and the Santa Margarita Water District, providing for wastewater treatment services and recycled water purchases from July 1, 2022 through June 30, 2052. 2. Transfer $11,800 from account no. 054-447-47250-000-12605 to account no. 054-477-45300-000-12206. 3. Authorize expenditures in the amount of $3,100,000 from account no. 054- 477-45300-000-12207 for Trampas Regional Recycled Water Reservoir and $611,800 for Pico Recycled Water Pump Station from account no. 054-477- 45300-000-12206. D. POLICY AND PROCEDURE 1201-13 RELATING TO CITY COUNCIL USE OF LETTERHEAD AND STATIONARY (Agendized at the August 16, 2022 City Council Meeting by Mayor James, with support of Councilmember Ward and Councilmember Knoblock) Staff Recommendation Approve Policy and Procedure 1201-13 (Use of City of San Clemente Letterhead and Stationary). E. APPOINTMENT OF SEAN JOYCE AS INTERIM CITY MANAGER Interim City Manager Subcommittee Recommendation 1. Adopt Resolution No. 22-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE APPOINTMENT OF SEAN JOYCE AS INTERIM CITY MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT IN CONNECTION THEREWITH. 2. Approve, and authorize the Mayor to execute, Contract No. C22-55, by and between the City of San Clemente and Sean Joyce, providing for Interim City Manager Services, at the rate of $133.70/hour. Page 9 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 11. Reports (continued from Business Meeting Part 1) A. Commissions and Committees B. City Manager C. City Attorney D. Council Members E. Council Subcommittee Updates 12. Oral Communications (Part 2) Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda. 13. Adjournment The next Regular Council Meeting is scheduled to take place on September 20, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Regular Business Meeting will commence at 7:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. Page 10 of 11 City Council Regular and Special Meeting Agenda September 6, 2022 CITY COUNCIL MEETING PROCEDURES PRESENTATION OF WRITTEN MATERIALS TO COUNCIL In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting. MEETINGS RECORDED AND TELEVISED City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website. Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule. USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request. LENGTH OF MEETINGS At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting. AMERICANS WITH DISABILITIES ACT Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. COMMUNICATION DEVICES To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode. MEETING SCHEDULE Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. Additional meetings of the City Council may be called as needed. AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting). Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Community Center during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours. The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification. Page 11 of 11

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