City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, February 7, 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 12 City Council Regular Meeting Agenda February 7, 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. PUBLIC EMPLOYEE APPOINTMENT Pursuant to Government Code Section 54957 Title: City Attorney BUSINESS MEETING PART 1 (6:00 P.M.) CALL TO ORDER INVOCATION – Pastor Jared Powell, Paradigm Church PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations None. 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. 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 Page 2 of 12 City Council Regular Meeting Agenda February 7, 2023 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) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF JANUARY 17, 2023. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF NOVEMBER 22, 2022. (2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JANUARY 19, 2023. (3) PLANNING COMMISSION REGULAR MEETING MINUTES OF JANUARY 18, 2023. C. Warrant Register (1) APPROVE WIRE TRANSFER NOS. 2782 THROUGH 2786 AND WARRANT NOS. 585727 THROUGH 585877, PAID ON 1-13-23, IN THE AMOUNT OF $5,524,086.15 (2) APPROVE WARRANT NOS. 585878 THROUGH 586000, PAID ON 1-20-23, IN THE AMOUNT OF $746,838.48 (3) APPROVE WIRE TRANSFER NOS. 2787 THROUGH 2790 AND WARRANT NOS. 586001 THROUGH 586126, PAID ON 1-27-23, IN THE AMOUNT OF $1,013,598.66 TOTAL WARRANT REGISTER $7,284,523.29 Page 3 of 12 City Council Regular Meeting Agenda February 7, 2023 Payroll Register AUTOMATIC DEPOSIT ADVISES 83278 THROUGH 83523, FOR THE PERIOD 12-26-22 THROUGH 1-8-23, PAID ON 1-13-23, IN THE AMOUNT OF $443,006.48 WARRANT NO. 894 AND AUTOMATIC DEPOSIT ADVISES 83524 THROUGH 83785, FOR THE PERIOD 1-9-23 THROUGH 1-22-23, PAID ON 1-27-23, IN THE AMOUNT OF $449,430.88 TOTAL PAYROLL REGISTER $892,437.36 D. RESOLUTION TO AMEND GOLF COURSE FEES FOR PLAY UPON THE MUNICIPAL GOLF COURSE Staff and Golf Course Committee Recommendation Adopt Resolution No. 23-02 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING CERTAIN FEES FOR PLAY UPON THE MUNICIPAL GOLF COURSE, AND REPEALING RESOLUTION NO. 20-70. E. MEMORANDUM OF UNDERSTANDING (MOU) - GOLF COURSE BLOCK TEE TIME RESERVATION FOR SAN CLEMENTE EXCHANGE CLUB Staff Recommendation Approve, and authorize the Beaches, Parks & Recreation Director to execute, Contract No. C23-04, a Memorandum of Understanding, by and between the City of San Clemente and the San Clemente Exchange Club, providing for tee time block reservations. F. FEE WAIVER REQUEST - SAN CLEMENTE WELLNESS AND PREVENTION CENTER FAMILY FEST SPECIAL EVENT PERMIT Staff Recommendation Approve a one-time fee waiver for the Wellness and Prevention Center's 2023 Family Fest event to be held at Jim Johnson Memorial Sports Park in an amount not to exceed $3,934. Page 4 of 12 City Council Regular Meeting Agenda February 7, 2023 G. CONTRACT AWARD - AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENT Staff Recommendation 1. Approve the Plans and Specifications for the Avenida Montalvo Canyon and Trail Improvement, CIP Project No. 16004. 2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C23-05, by and between the City of San Clemente and Diamond Construction, providing for the Avenida Montalvo Canyon and Trail Improvement, in the amount of $180,000. 3. Approve, and authorize the Public Works Director/City Engineer to execute, an Agreement (Contract No. C23-06) for Sale of Mitigation Credits, San Luis Rey Mitigation Bank, by and between the City of San Clemente and Wildlands SLR Holdings I, LLC., providing for the sale of mitigation credits for the Avenida Montalvo Canyon and Trail Improvement, in the amount of $24,600. H. CONTRACT AMENDMENT - DELIVERY OF 12.5% SODIUM HYPOCHLORITE. Staff Recommendation Approve, and authorize the City Manager to execute, Amendment No. 3 to Contract No. C18-50, by and between the City of San Clemente and Waterline Technologies, Inc., providing for Sodium Hypochlorite deliveries. This contract amendment increases the contract amount from $72,420 to $102,420 (an increase of $30,000). I. NOTICE OF COMPLETION - CYPRUS SHORE SEWER LINING Staff Recommendation 1. Accept the Cyprus Shore Sewer Lining, from the contractor, Sancon Technologies, Inc., Project No. 12209. 2. Authorize the Utilities Director to execute, and the City Clerk to record, the Notice of Completion for the Cyprus Shore Sewer Lining. 3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Utilities Department that no liens have been levied against the contractor, Sancon Technologies, Inc. Page 5 of 12 City Council Regular Meeting Agenda February 7, 2023 J. RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY OPERATION Staff Recommendation 1. Make a finding that an emergency continues to exist 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 Number 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve. 4. Approve, and authorize the Interim City Manager to execute, Change Order No. 06 to Contract No. C21-41, by and between the City of San Clemente and O’Connell Engineering and Construction, Inc., on a time and materials basis for the Cyprus Shore Emergency Pump Station Bypass Operation, in the amount of $510,000. K. ACCEPTANCE OF EMERGENCY ACCESS EASEMENT LOCATED AT 501 AND 515 AVENIDA VAQUERO-SHORECLIFFS SENIOR APARTMENTS AND SHORECLIFFS GOLF COURSE Staff Recommendation 1. Accept the Grant of Easement for Emergency Ingress and Egress from GS-SM San Clemente Owner, LLC and GC-8, LLC. 2. Authorize the Mayor and City Clerk to execute the Grant of Easement for Emergency Ingress and Egress and Certificate of Acceptance. 3. Authorize the City Clerk to record the Grant of Easement for Emergency Ingress and Egress and Certificate of Acceptance with the Orange County Clerk-Recorder. Page 6 of 12 City Council Regular Meeting Agenda February 7, 2023 L. CONTRACT AWARD - RICHARD T. STEED PARK SLOPE EROSION REPAIRS Staff Recommendation 1. Make a finding that an emergency exists in providing erosion repairs on the slope adjacent to the ball fields at the Richard T. Steed Park to potentially 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. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. 23-07, by and between the City of San Clemente and O’Connell Engineering and Construction, Inc., providing for the Richard T. Steed Park Slope Erosion Repairs, in the amount of $98,460. 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. APPEAL OF MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOODS BEER AND WINE, 2801 S. EL CAMINO REAL Continued public hearing to consider a City Council initiated appeal of the Zoning Administrator's approval of Minor Conditional Use Permit 22-197, Primo Foods Beer and Wine, 2801 S. El Camino Real, which approved beer and wine sales at Primo Foods Market and Deli for off-site consumption, with hours of operation from 8:00 a.m. - 8:00 p.m. daily. The project does not propose changes to the existing market. Staff Recommendation Affirm the Zoning Administrator's approval of Minor Conditional Use Permit 22-197, and adopt Resolution No. 23-03 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING, MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOOD BEER AND WINE, A REQUEST TO ALLOW BEER AND WINE SALES FOR OFF-SITE CONSUMPTION LOCATED AT 2801 EL CAMINO REAL. Page 7 of 12 City Council Regular Meeting Agenda February 7, 2023 B. BILLING FOR 2022 WEED ABATEMENT PROGRAM Public hearing to consider all objections or protests, if any, to the costs of the abatement of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways and private property within the City of San Clemente and to the assignment of these costs to the properties on which the abatement was completed. Staff Recommendation 1. Waive the City’s notification costs for the compliant property owners. 2. Approve the Weed Abatement Report. 3. Authorize the Weed Abatement Contract Administrator to bill the amounts indicated in the report to the appropriate property owners. 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. 9. New Business A. PROCEDURES FOR ELECTING COUNCIL OFFICERS AND APPOINTING COMMISSIONERS AND COMMITTEE MEMBERS (Agendized at the December 20, 2022 City Council meeting). Staff Recommendation Adopt Resolution No. 23-04 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CITY COUNCIL POLICY AND PROCEDURE 1201-11 (COUNCIL MEETING AND OPERATING PROCEDURES) TO INCLUDE POLICIES FOR THE ELECTION OF MAYOR AND MAYOR PRO TEMPORE AND APPOINTMENTS TO CITY COMMISSIONS AND COMMITTEES and amend Sections 4.2 and 4.8 of Policy 1201-11 concerning Council Election of Mayor and Mayor Pro Tempore and Nominations and Vote on City Council Appointments to Commission and Committees. Page 8 of 12 City Council Regular Meeting Agenda February 7, 2023 B. ELECTION OF MAYOR PRO TEM (Agendized by Councilmember Cabral with the support of Councilmember James at the January 17, 2023 City Council meeting.) 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. D. ACTION PLAN REPORT FOR ADDRESSING CITY’S ANTI-CAMPING CODE COMPLIANCE AND ASSOCIATED PUBLIC PROPERTY MAINTENANCE EFFORTS Staff Recommendation Receive and file the Administrative Report dated February 7, 2023, and on file with the City Clerk. Page 9 of 12 City Council Regular Meeting Agenda February 7, 2023 E. CONSIDER SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA COASTAL COMMISSION AND THE ARMY CORPS OF ENGINEERS TO AUTHORIZE AN OCEAN CAPABLE DREDGING VESSEL, WITH A TRAILING SUCTION DEVICE, TO DREDGE A SWATH OF APPROPRIATE SAND QUALITY SEABED NEAR THE BEACH, AND SIMULTANEOUSLY SPRAY THE SAND ONTO THE ADJACENT BEACHES (Agendized by Mayor Pro Tem Knoblock with the support of Councilmember Enmeier, and Councilmember James at the January 17, 2023 City Council meeting.) Staff Recommendation 1. Determine submittal of application to the California Coastal Commission and the United Stated Army Corps of Engineers for rainbow dredging is not subject to CEQA because it does not constitute a “project” as defined by CEQA Guidelines. 2. Provide direction to staff as to the City Council's desire to submit an application to the California Coastal Commission and United States Army Corps of Engineers for rainbow dredging approval. F. DISPLAY OF PHOTOGRAPHS AND OTHER WORKS AT CITY HALL (Agendized by Councilmember James with the support of Councilmember Cabral at the January 17, 2023 City Council meeting.) G. CONSIDERATION OF TAKING MINUTES IN CLOSED SESSION (Agendized by Mayor Pro Tem Knoblock with the suport of Councilmember James at the January 17, 2023 City Council meeting.) 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. Page 10 of 12 City Council Regular Meeting Agenda February 7, 2023 11. Reports A. Commissions and Committees B. City Manager 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. Update Councilmember appointments to carious City Council subcommittees and dissolve old subcommittees. 3. Determine whether to establish a citizen's subcommittee to 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. (2) REQUEST TO SUPPORT SB44 (UMBERG): CONTROLLED SUBSTANCES E. Council Subcommittee Updates 12. Adjournment The next Regular Council Meeting is scheduled to take place on February 21, 2023. Closed Session will begin at 5:00 p.m. The Regular Business Meeting will commence 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 March 21, 2023: Continuation of Conley Public Hearing on Appeal of Administrative Encroachment Permit E22-0112. Page 11 of 12 City Council Regular Meeting Agenda February 7, 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 are considered at 5:00 p.m. and the Business Meeting begins 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 12 of 12