City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, September 20, 2022 5:00 PM 2nd Floor City Council San Clemente, California Regular Meeting Minutes www.san-clemente.org Council Chambers 5:00 p.m.- Business Meeting Part I Mayor James 6:00 p.m.- Closed Session Mayor Pro Tem Duncan 7:00 p.m.- Business Meeting Part 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 Meeting of the San Clemente City Council was called to order by Mayor James on September 20, 2022 at 5:00 p.m. in the San Clemente Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. PRESENT: Duncan, Ferguson, Mayor James, Knoblock, and Ward Mayor Pro Tem Duncan arrived at 5:01 p.m. STAFF PRESENT: Sean Joyce, Interim City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Laura Campagnolo, Legislative Administrator; Megan Jimenez, Deputy City Clerk BUSINESS MEETING PART 1 INVOCATION Councilmember Knoblock gave the invocation. PLEDGE OF ALLEGIANCE Amelia Mae Weinstein 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 13 City Council Regular Meeting Minutes September 20, 2022 2. Consideration of agendizing items requiring immediate action None. 3. Oral Communications (Part 1) Brad Malamud opined on the Interim City Manager recruitment and appointment and noticing of Closed Session items. Elizabeth Egan, San Clemente, expressed concerns over the change of aquatics class location and access issues at Ole Hanson Beach Club. Mina Santoro/Don Glasgow narrated a PowerPoint concerning a memorial plaque for Courtney Faye Smith at Courtney's Sandcastle; announced a Celebration of Life for Courtney Faye Smith will be held on October 2, 2022. A hard copy of the presentation is on file with the City Clerk. Concerned Citizen narrated a PowerPoint concerning City regulations as they relate to nuisance noise. A hard copy of the presentation is on file with the City Clerk. Martina (no last name provided) opined that the City prefers litigation over mitigation and that legal costs have increased with the City's current counsel. Rick Loeffler spoke on behalf of the Friends of San Clemente Foundation and announced upcoming events; recognized Community Outreach Worker Hunter for assisting 11 homeless individuals into housing. Denise (no last name provided) opined on the negative impacts that pickleball at San Gorgonio Park has on neighboring residents. Marcus Schiro, San Clemente resident and owner of Epic Bikes, opined that the City banned e-bikes from the beach trail without reaching out to the e-bike community and announced they will begin offering safety classes. 4. Consent Calendar The following Items were removed from the Consent Calendar for discussion: 4A(1), 4B(3) and 4C. Page 2 of 13 City Council Regular Meeting Minutes September 20, 2022 B. Commission/Committee Minutes Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to receive and file : (1) Planning Commission Regular Meeting minutes of August 3, 2022. (2) Planning Commission Study Session Meeting minutes of August 3, 2022. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Payroll Register Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to: Approve Warrant Nos. 878 through 880 Automatic Deposit Advises 80775 through 81063, for the period 8-22-22 through 9-4-22, paid on 9-9-22, in the amount of………..……..….................………...........$ 440,018.11 TOTAL PAYROLL REGISTER……………...........................................$ 440,018.11 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None D. CONTRACT AWARD - PURCHASE AND INSTALLATION OF STORM DRAIN TRASH CAPTURE DEVICES FOR THE SAN CLEMENTE PIER AND PICO CORRIDOR PROJECT AREA Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to: 1. Approve a supplemental appropriation in the amount of $243,240 from the Clean Ocean Fund Reserve to Account No. 057-543-43690-000-28305. 2. Approve, and authorize the Utilities Director to execute, Contract No.C22-56, by and between the City of San Clemente and G2 Construction, Inc, providing for the San Clemente Pier and Pico Corridor runoff treatment, in the amount of $300,000, Project No. 28305. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Page 3 of 13 City Council Regular Meeting Minutes September 20, 2022 E. NOTICE OF COMPLETION - PARK MONUMENT SIGN REPLACEMENT PROGRAM Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to: 1. Accept the Park Monument Sign Replacement Program, from the contractor Speedy Fix, Inc., CIP Project No. 29103. 2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the Park Monument Sign Replacement Program. 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, Speedy Fix. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None F. CONTRACT AWARD - CITYWIDE CATCH BASINS REHABILITATION Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-57, by and between the City of San Clemente and Cheloletty Engineering, providing for Citywide Catch Basin Rehabilitation, in the amount of $148,600, CIP Project No. 21001. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None G. RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to: 1. Make a finding that an emergency exists due to the potential failure of an existing sewer pump station and storm drain system and that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process. 2. Declare that the public interest and necessity demand the immediate expenditure of public funds to safeguard public health. 3. Approve a supplemental appropriation in the amount of $714,450 to Account No. 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve. Page 4 of 13 City Council Regular Meeting Minutes September 20, 2022 4. Ratify a change order with O’Connell Engineering and Construction, Inc. on a time and materials basis for $510,000 for Cyprus Shore Emergency Pump Station Bypass Operation, Project No. 12209. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None H. BEACHES, PARKS & RECREATION COMMISSION - WORK PLAN FY 2022-23 Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to approve the FY 2022-23 Work Plan as presented by the Beaches, Parks and Recreation Commission. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None I. GOLF COURSE COMMITTEE - WORK PLAN FY 2022-23 Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to approve the FY 2022-23 Work Plan as presented by the Golf Course Committee. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION 4A(1) City Council Minutes Concerned Citizen commented that a specific statement from the City Attorney was not included in the minutes of September 6, 2022. Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to amend the minutes to remove Councilmember Ward as the second to the Safe Parking Program motion on page 3 of the Regular and Special City Council Minutes dated September 6, 2022. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Page 5 of 13 City Council Regular Meeting Minutes September 20, 2022 4B(3). Commission/Committee Minutes Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to amend the Human Affairs Committee (HAC)Special Meeting minutes of August 16, 2022 to remove the reference to Mayor James on page 2 under project #3 Overall Homeless Strategy and to remove reference to Mayor James on page 3 of the minutes relating to the HAC workplan. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None 4C. Warrant Register Brad Malamud opined that Best Best and Krieger was in violation of its contract by utilizing attorneys other than Scott Smith and Mal Richardson and the City should not pay for services by other Best Best and Krieger attorneys. Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to: Approve Wire Transfer Nos. 2707 through 2709 and Warrant Nos. 583176 through 583362, paid on 9-2-22, in the amount of…….……….……..….............…….…..… $ 4,473,476.76 Approve Wire Transfer Nos. 2710 through 2715 and Warrant Nos. 583363 through 583488, paid on 9-9-22, in the amount of…….……….……..….............……..…..…$ 3,220,641.04 Approve Wire Transfer Nos. 2716 through 2717 and Warrant Nos. 583489 through 583589, paid on 9-16-22, in the amount of…….……….……..…..…….…............… $ 1,214,508.07 TOTAL WARRANT REGISTER……………….….………........…....$ 8,908,625.87 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None Legal Services Contract Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson, agendized a review of Best Best and Krieger's contract in open session. Page 6 of 13 City Council Regular Meeting Minutes September 20, 2022 5. Reports A. Commissions and Committees 1) PUBLIC SAFETY COMMITTEE UPDATE OF SEPTEMBER 20, 2022 Concerned Citizen narrated a PowerPoint on safety concerns at San Gorgonio Park. A hard copy of the presentation is on file with the City Clerk. Motion by Councilmember Ward, second by Mayor Pro Tem Duncan, CARRIED to have the Traffic Engineer review safety concerns at San Gorgonio Park. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None 2) SCHEDULE MEETING FOR PUBLIC SAFETY COMMITTEE INTERVIEWS AND APPOINTMENTS Council scheduled interviews and appointment of a Public Safety Committee member for October 3, 2022 at 4:00 p.m. B. City Manager Interim City Manager Joyce reported that the following professional services contracts were executed under the City Manager signature authority: 1) Underground Solutions, Inc. - Calle Real Pump Station Potholing in the amount of $15,185; AmeriNational - CDBG Home Rehabilitation Loan Program Services in the amount of $12,000; Engineering Solutions Services - On-Call Grant Funding Assistance in the amount of $48,000; Sancon Technologies - NECR Alley Sanitary Sewer Rehabilitiation in the amount of $27,840; Bob Hall and Associates - City Manager Recruitment in the amount of $22,500; Parent2 Parent - American Rescue Plan Grant Agreement in the amount of $3,000; Boys and Girls Club - American Rescue Plan Grant Agreement in the amount of $10,000; Wellness and Prevention - American Rescue Plan Grant Agreement in the amount of $10,000. Interim City Manager Joyce announced he will be coordinating with staff to evaluate the aquatics center schedule and impacts on classes. C. City Attorney City Attorney Smith reported that Council discussed in Closed Session at its September 6, 2022 Meeting, the property at the corner of Avenida La Pata and Avenida Vista Hermosa, and acted with a vote that CARRIED 5-0 to have the exclusive negotiating agreement agendized for the meeting of October 4, 2022. This item will be discussed under New Business. Page 7 of 13 City Council Regular Meeting Minutes September 20, 2022 D. Council Members Recognition of Chief Brian Fennessey Councilmember Ward reported that Orange County Fire Authority Chief Brian Fennessey was selected as Fire Chief of the Year by the California Fire Chiefs Association. Mayor James will send a congratulatory letter to Chief Fennessey on behalf of the Council. City Manager Recruitment Process Councilmember Knoblock with the support of Mayor James, agendized for October 4, 2022, Closed Session, the process for recruiting a City Manager. Closed Session Publication Councilmember Ferguson, with the support of Councilmember Knoblock, agendized for October 4, 2022, noticing practices for Closed Session agenda items. Recognition of Staff Mayor Pro Tem Duncan recognized Staff for the efforts on the new Council Chambers. World Surfing League Mayor Pro Tem Duncan recognized Felipe Toledo, San Clemente resident, for his World Surfing League win. Transient Occupancy Tax Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson, agendized the possibility of using Transient Occupancy Tax funds to facilitate tourism. Cars and Coffee Interim City Manager Joyce reported that Cars & Coffee is currently permitted to be a seasonal event. Farmers Market Mayor James, with the support of Councilmember Knoblock and Mayor Pro Tem Duncan, requested that Staff begin discussions with the Farmers Market manager, Rick Heil, to return the Farmers Market to Avenida Del Mar. Page 8 of 13 City Council Regular Meeting Minutes September 20, 2022 Street Side Soliciting Mayor James, with the support of Councilmember Knoblock, Councilmember Ferguson and Mayor Pro Tem Duncan, assigned the Public Safety Committee to research the possibility of an ordinance to prohibit street side soliciting. E. Council Subcommittee Updates None. CLOSED SESSION (6:00 P.M.) Brad Malamud commented on how the closed session items were noticed/published and liability of noise nuisance at San Gorgonio Park created by pickleball. Concerned Citizen narrated a PowerPoint concerning Government Code 8.48.010 and noise nuisance at San Gorgonio Park. A hard copy of the presentation is on file with the City Clerk. City Attorney Smith announced the City received a threat of litigation in an email from a member of the public concerning pickleball, which will be discussed in Closed Session. Motion by Mayor Pro Tem Duncan, second by Councilmember Ward, CARRIED to recess to Closed Session at 6:11 p.m. to discuss the following: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2) Number of potential cases: 2 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of cases: 1 Name of case: San Clemente v. Emergency Shelter Coalition Case No. 30-2014-0075880-CU-WM-CJC AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None BUSINESS MEETING PART 2 Council reconvened at 7:00 p.m. with all Councilmembers present. 6. Closed Session Report - City Attorney No reportable action was taken. Page 9 of 13 City Council Regular Meeting Minutes September 20, 2022 7. Special Presentations A. HUNGER MONTH PROCLAMATION Mayor James presented a proclamation to Malia Cary, representing OC Hunger Alliance, proclaiming September as Hunger Month. B. AUGUST UPDATE ON HOMELESS ISSUE Deputy Community Development Director Atamian provided the City Outreach and Engagement Report for August 2022 and responded to Council inquiries. Reorganization of Agenda New Business Item 10A - Capistrano Shores Mobile Home Park - Letter of Support for Height of Replacement Coaches was heard ahead of the Public Hearings. 10A. CAPISTRANO SHORES MOBILE HOME PARK - LETTER OF SUPPORT FOR HEIGHT OF REPLACEMENT COACHES (Agendized at the September 6, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James and Mayor Pro Tem Duncan) Eric Anderson, San Clemente, thanked Council for considering his request and responded to Council inquiries. Community Development Director Gallardo Daly responded to Council inquiries. Motion by Councilmember Knoblock, second by Mayor James, to authorize the Mayor to execute a letter of support to the California Coastal Commission regarding height of replacement coaches at Capistrano Shores Mobile Home Park. Substitute motion by Councilmember Ward DIED FOR A LACK OF SECOND to amend the letter to specify that the City will support the 16 foot height limit as long as it does not block public views from Marblehead. The original motion on the floor was voted on and CARRIED as follows: Motion by Councilmember Knoblock, second by Mayor James, to authorize the Mayor to execute a letter of support to the California Coastal Commission regarding height of replacement coaches at Capistrano Shores Mobile Home Park. AYE: Duncan, Ferguson, Mayor James, and Knoblock NOE: Ward Page 10 of 13 City Council Regular Meeting Minutes September 20, 2022 8. Public Hearings A. 2021-2022 CONSOLIDATED ANNUAL PERFORMANCE EVALUATION REPORT (CAPER) FOR EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. Mayor James opened the Public Hearing. There being no one desiring to speak, the Public Hearing was closed. Motion by Councilmember Ward, second by Councilmember Ferguson, CARRIED to approve an adopt the 2021-22 Consolidated Annual Performance Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None B. PUBLIC HEARING TO CONSIDER RESOLUTION TO ADOPT THE REVISED HOUSING ELEMENT UPDATE Mayor James opened the Public Hearing. There being no one desiring to speak, the Public Hearing was closed. Assistant to the City Manager Savage narrated a PowerPoint presentation entitled Revised Housing Element Update and responded to Council inquiries. Motion by Councilmember Knoblock, second by Mayor James, CARRIED to: 1. Adopt Resolution No. 22-36 entitled “APPROVING GENERAL PLAN AMENDMENT PLN20-03 TO ADOPT THE REVISED HOUSING ELEMENT UPDATE.” 2. Authorize staff to submit the revised Housing Element Update to the Department of Housing and Community Development. AYE: Ferguson, Mayor James, Knoblock, and Ward NOE: None ABSENT: Duncan 9. Unfinished Business None. Page 11 of 13 City Council Regular Meeting Minutes September 20, 2022 10. New Business Item 10A- Capistrano Shores Mobile Home Park - Letter of Support for Height of Replacement Coaches was heard earlier in the meeting. Please reference page 10 of these minutes for action. B. CITY OF SAN CLEMENTE EFFORTS REGARDING E-BIKE SAFETY (Agendized at the September 6, 2022 City Council Meeting by Mayor James, with the support of Councilmember Knoblock and Mayor Pro Tem Duncan) Mark Enmeier spoke concerning e-Bike safety in San Clemente and successful measures taken by the City of Carlsbad; opined that enforcement is needed. Captain Benfield, San Clemente Police Services, reviewed enforcement measures in place related to e-bikes; noted that motorized cycles without pedals are not street legal . Rick Loeffler, Public Safety Committee Chair, reported on ways to educate e-bike riders and commented on measures the City of Carlsbad has taken that have been successful. Mayor James, with the support of Councilmember Knoblock and Mayor Pro Tem Duncan, directed that the Public Safety Committee provide a report at the October 18, 2022 City Council Meeting concerning e-Bikes. The report is to incorporate measures the City of Carlsbad has taken. Motion by Councilmember Knoblock, second by Mayor James, CARRIED to receive and file the administrative report dated September 20, 2022. AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward NOE: None C. EXCLUSIVE NEGOTIATING AGREEMENT (ENA) WITH PACIFIC MEDICAL BUILDINGS (PMB) REGARDING THE PARCEL AT THE SOUTHWEST CORNER OF AVENIDA VISTA HERMOSA AND AVENIDA LA PATA Economic Development Officer Lightfoot reviewed the contents of the Administrative Report. Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to approve, and authorize the Interim City Manager to execute, Contract No.C22-58, an Exclusive Negotiating Agreement by and between the City of San Clemente and Pacific Medical Buildings, LLC., for the City-owned parcel at the southwest corner of Avenida Vista Hermosa and Avenida La Pata. AYE: Duncan, Ferguson, Mayor James, and Knoblock NOE: Ward Page 12 of 13 City Council Regular Meeting Minutes September 20, 2022 11. Reports The Reports portion of the agenda was considered during Part 1 of the meeting. Please refer to page 7 of these minutes for a summary of that discussion. 12. Oral Communications (Part 2) None. Street Modification Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson, requested that the City Manager confer with the traffic engineer to consider a traffic circle at the offramp near the Valero gas station at 422 Avenida Estrella. 13. Adjournment Motion by Councilmember Ward, second by Mayor Pro Tem Duncan, CARRIED to adjourn at 8:10 p.m. to an Adjourned Regular Meeting to be held on October 4, 2022 at 3:00 p.m. for the purpose of meeting in Closed Session to review City Attorney Services. 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. 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 13 of 13