City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, January 17, 2023 2nd Floor City Council San Clemente, California Regular Meeting Agenda www.san-clemente.org Council Chambers 5:00 p.m. - Closed Session Mayor Duncan 6:00 p.m. - Business Meeting Mayor Pro Tem Knoblock Councilmember Cabral Councilmember Enmeier Councilmember James 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 Council Chambers 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 Meeting Agenda January 17, 2023 CLOSED SESSION (5:00 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. Foothill/Eastern Transportation Corridor Agency, et al. Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d) (2) Number of potential cases: 1 BUSINESS MEETING PART (6:00 P.M.) CALL TO ORDER INVOCATION – Russ Greiner, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations A. December Update on the Homeless Issue B. Introduction of New Chief of San Clemente Police Services, Jay Christian Introduction of Jay Christian, Chief of San Clemente Police Services. C. Recognition of NCAA Women's Soccer National Champions Recognition of Lauren Brzykcy, Madelyn Desiano, and Brianne Riley for their University of California Los Angeles Women's NCAA National Championship title. 2. 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. Page 2 of 11 City Council Regular Meeting Agenda January 17, 2023 3. Motion waiving reading in full of all Resolutions and Ordinances 4. 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. 5. Closed Session Report - City Attorney 6. 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) CITY ATTORNEY RESPONSE TO POINT OF ORDER DATED DECEMBER 14, 2022. City Attorney Recommendation Recommend that the City Council deny the appeal and uphold the point of order decision from the meeting of December 6, 2022. (2) APPROVE CITY COUNCIL REGULAR MEETING MINUTES OF DECEMBER 20, 2022. (3) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF DECEMBER 21, 2022. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF DECEMBER 22, 2022. (2) PLANNING COMMISSION REGULAR MEETING MINUTES OF DECEMBER 21, 2022. Page 3 of 11 City Council Regular Meeting Agenda January 17, 2023 C. Warrant Register (1) APPROVE WIRE TRANSFER NOS. 2772 THROUGH 2777 AND WARRANT NOS. 585454 THROUGH 585678, PAID ON 12-23-22, IN THE AMOUNT OF $1,272,268.67 (2) APPROVE WIRE TRANSFER NOS. 2778 THROUGH 2781 AND WARRANT NOS. 585679 THROUGH 585726, PAID ON 1-6-23, IN THE AMOUNT OF $1,532,558.56 TOTAL WARRANT REGISTER $2,804,827.23 Payroll Register Warrant Nos. 892 through 893 and Automatic Deposit Advises 83006 through 83277, for the period 12-12-22 through 12-30-22, paid on 12-30-22, in the amount of………..……..….......………….…$ 435,915.76 TOTAL PAYROLL REGISTER………………………………….$ 435,915.76 D. ORDINANCE 1748 (SECOND READING) - AMENDING CHAPTER 16.50 AND CHAPTER 17.86 OF THE SAN CLEMENTE MUNICIPAL CODE TO ESTABLISH OBJECTIVE DESIGN, DEVELOPMENT AND SUBDIVISION STANDARDS REGULATING URBAN LOT SPLIT AND TWO-UNIT PROJECTS IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 Staff Recommendation Adopt Ordianance No. 1748 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AMENDING CHAPTERS 16.50 AND 17.86 AND AMENDING SECTION 17.52.020 TO THE SAN CLEMENTE MUNICIPAL CODE TO REGULATE URBAN LOT SPLITS AND TWO-UNIT PROJECTS UNDER SB9; AND FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). Page 4 of 11 City Council Regular Meeting Agenda January 17, 2023 E. NOTICE OF COMPLETION - BEACH TRUNK SANITARY SEWER LINE REHABILITATION Staff Recommendation 1. Accept the Beach Trunk Sanitary Sewer Line Rehabilitation, from the contractor, Sancon Technologies, Inc., CIP Project No. 28206. 2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Beach Trunk Sanitary Sewer Line Rehabilitation. 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, Sancon Technology, Inc. F. NOTICE OF COMPLETION - LA PATA SEWER LIFT STATION REHABILITATION Staff Recommendation 1. Accept the La Pata Sewer Lift Station Rehabilitation, from the contractor, Jennette Company, Inc., CIP Project No. 20201. 2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the La Pata Sewer Lift Station Rehabilitation. 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, Jennette Company, Inc. Page 5 of 11 City Council Regular Meeting Agenda January 17, 2023 G. NOTICE OF COMPLETION - PURCHASE AND INSTALLATION OF STORM DRAIN TRASH CAPTURE DEVICES FOR THE SAN CLEMENTE PIER AND PICO CORRIDOR PROJECT AREA Staff Recommendation 1. Accept the Purchase and Installation of Storm Drain Trash Capture Devices for the San Clemente Pier and Pico Corridor Project Area, from the contractor, G2 Construction, Inc., CIP Project No. 23805. 2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Purchase and Installation of Storm Drain Trash Capture Devices for the San Clemente Pier and Pico Corridor Project Area. 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, G2 Construction, Inc. H. GRANT FUNDING APPLICATION TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR THE URBAN COMMUNITY DROUGHT RELIEF GRANT PROGRAM Staff Recommendation Adopt Resolution No. 23-01 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE APPLICATION FOR GRANT FUNDS UNDER THE CALIFORNIA DEPARTMENT OF WATER RESOURCES URBAN COMMUNITY DROUGHT RELIEF PROGRAM FOR THE RECYCLED WATER QUALITY IMPROVEMENT PROJECT. I. UPDATE ON CONTRACT NEGOTIATIONS WITH CR&R Staff Recommendation Receive and file the Administrative Report dated January 17, 2023, and on file with the City Clerk. Page 6 of 11 City Council Regular Meeting Agenda January 17, 2023 J. CONTRACT AWARD - CALAFIA PUMP STATION FLOW METER AND VAULT REPLACEMENT Staff Recommendation 1. Approve the Plans and Specifications for Calafia Pump Station Flow Meter and Vault Replacement, Project No. 24401. 2. Approve and authorize the Utilities Director to execute, Contract No. C23-01, by and between the City of San Clemente and Vicon Enterprise, Inc., in the amount of $79,500 for Calafia Pump Station Flow Meter and Vault Replacement. 3. Approve a budget transfer of $80,000 from Account #052-466-43470- 000-21403 to Account #052-466-43420-000-24401. K. CONTRACT AMENDMENT - WATER QUALITY MANAGEMENT PLAN PROGRAM ASSESSMENT AND IMPLEMENTATION Staff Recommendation 1. Approve, and authorize the City Manager to execute, Amendment No. 3 to Contract No. C19-82, by and between the City of San Clemente and Geosyntec Consultants, providing for Water Quality Management Plan Program Assessment and Implementation services. This contract amendment increases the contract amount from $174,444 to $214,444 (an increase of $40,000). 2. Authorize the City Manager to approve a future amendment to complete plan checks for projects under review at the expiration of the contract amendment limit of $40,000 for an additional $15,000. L. CONTRACT AWARD - CLASSIFICATION AND COMPENSATION STUDY FOR FULL-TIME CITY OF SAN CLEMENTE EMPLOYEES Staff Recommendation Approve, and authorize the City Manager to execute, Contract No. C23-02, by and between the City of San Clemente and Ewing Consulting, providing for a classification and compensation study for full-time City of San Clemente employees, in the amount of $79,600. Alternatives The Council could direct staff to execute a contract with a different consulting firm and appropriate additional funds from the unassigned fund balance into Account No. 001-171-43690. Page 7 of 11 City Council Regular Meeting Agenda January 17, 2023 7. 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. A. ANNUAL REPORT CONCERNING THE MITIGATION FEE ACT FOR FISCAL YEAR 2021-22 - CITY OF SAN CLEMENTE Public Hearing to consider the City of San Clemente's Annual Report for Fiscal Year 2022 on Mitigation Fees. Staff Recommendation Receive and file the Annual Report concerning the Mitigation Fee Act for Fiscal Year 2021-22 and on file with the City Clerk. B. CONLEY HEARING ON APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112 Public Hearing to consider a resident initiated appeal of the Public Works Director's revocation of Administrative Encroachment Permit E22-0112 ("Permit") for the Conley Residential Landscape Improvements located in the street right of way of Via Manzana and Paseo Activo. Staff Recommendation Affirm the decision and revoke Administrative Encroachment Permit E22-0112. 8. Unfinished Business A. CONSIDERATION OF PILOT “GREEN LINE” TROLLEY ROUTE Staff Recommendation 1. Establish the operating timeframe of March 11 through May 21, 2023 on Saturdays and Sundays for the pilot “Green Line” Trolley. 2. Direct staff to pursue the inland route or the southern route for the pilot “Green Line” Trolley. 3. Direct city staff to collaborate with LAZ to establish the precise curb locations and signage for the temporary pilot route. Page 8 of 11 City Council Regular Meeting Agenda January 17, 2023 9. New Business A. APPOINTMENT OF ANDY HALL AS CITY MANAGER Staff Recommendation It is recommended that the City Council approve, and authorize the Mayor to execute, City Manager Employment Agreement (Contract No. C23-03), by and between the City of San Clemente and Andy Hall, and authorize acceleration of the agreement's commencement date if that should become possible. B. RECONSIDERATION OF THE CONTRACT AWARD FOR THE DESIGN OF RICHARD T. STEED MEMORIAL SPORTS PARK PICKLEBALL COURTS (Agendized at the December 6, 2022 City Council Meeting by Council.) Staff Recommendation 1. Direct staff to prioritize the construction of at least four pickleball courts and necessary associated amenities as outlined in the proposed Richard T. Steed Park Master Plan pickleball facility design. 2. Incorporate opportunities for optimizing the use of available funding sources and future phased construction. 3. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-67, by and between the City of San Clemente and RJM Design Group, Inc., providing engineering design services for the Richard T. Steed Memorial Park pickleball courts, in the amount of $404,550. C. INITIATION OF ZONING AMENDMENT TO CHAPTER 16.50 (STATE-MANDATED SUBDIVISIONS) AND CHAPTER 17.86 (STATE-MANDATED RESIDENTIAL PROJECTS) OF THE SAN CLEMENTE MUNICIPAL CODE TO 1) ADD LANGUAGE FOR NON-CONFORMING URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DISCRETIONARY APPROVAL, 2) REVISE LANGUAGE FOR VERY HIGH FIRE HAZARD SEVERITY ZONES, 3) REVISE ALLEY SETBACK AREA STANDARDS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9 Staff Recommendation Initiate Zoning Amendment to Chapter 16.50 (State-Mandated Subdivisions) and Chapter 17.86 (State-Mandated Residential Projects) of the San Clemente Municipal Code to: 1. Add language for non-conforming urban lot splits and two-unit projects and discretionary approval. 2. Revise language for very high fire hazard severity zones. 3. Revise alley setback area standards, in accordance with California Senate Bill 9. Page 9 of 11 City Council Regular Meeting Agenda January 17, 2023 10. 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. 11. Reports A. Commissions and Committees B. City Manager Public Permit Counter Walk-In Hours Update C. City Attorney D. Council Members (1) UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES, COMMISSIONS AND CITY COUNCIL SUBCOMMITTEES Staff Recommendation 1. Update Councilmember appointments to various regional committees, commissions and boards. 2. Determine whether or not to establish a citizen’s subcommittee to further analyze the feasibility of an amphitheater. If it is determined to establish a citizen’s subcommittee, each Councilmember will appoint a citizen, and notify the City Clerk of that appointment. 3. Update Councilmember appointments to various City Council subcommittees. E. Council Subcommittee Updates 12. Adjournment The next Regular Council Meeting is scheduled to take place on February 7, 2023. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. Items to be Considered at a Future Meeting February 7, 2023: Primo Foods Public Hearing Page 10 of 11 City Council Regular Meeting Agenda January 17, 2023 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. Closed Session items are considered at 5:00 p.m. and the Business Meeting will commence at 6:00 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, 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 Council Chambers 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