City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, April 4, 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 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 9 City Council Regular Meeting Agenda April 4, 2023 CLOSED SESSION (5:00 P.M.) A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Existing litigation pursuant to Government Code section 54956.9(a),(d)(1) Number of Cases: 3 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) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al. Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC Case Name: MDL No. 2804 National Prescription Opiate Litigation Proposed Opioid Settlement - Teva, Allergan, Walmart, Walgreens and CVS BUSINESS MEETING (6:00 P.M.) CALL TO ORDER INVOCATION – Senior Pastor Holland Davis, Calvary Chapel San Clemente PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations A. Friends of the San Clemente Beaches and Parks Foundation Presentation by Rick Loeffler, President and CEO, San Clemente Beaches and Parks Foundation, providing an overview of the Friends Foundation organization and presentation of a donation to the City. B. Presentation of Proclamation – National Public Safety Telecommunicators Week Presentation of Proclamation to Orange County Fire Authority Division Chief Maule, setting apart April 9-15, 2023 as National Public Safety Telecommunicators Week. Page 2 of 9 City Council Regular Meeting Agenda April 4, 2023 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 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 MARCH 21, 2023. (2) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF MARCH 27, 2023. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF MARCH 15, 2023. (2) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF FEBRUARY 28, 2023. Page 3 of 9 City Council Regular Meeting Agenda April 4, 2023 C. Warrant Register (1) APPROVE WARRANT NOS. 587005 THROUGH 587153, PAID ON 3-17-23, IN THE AMOUNT OF $1,289,660.67 TOTAL WARRANT REGISTER $1,289,660.67 D. NOTICE OF COMPLETION - RICHARD T. STEED PARK SLOPE EROSION REPAIRS Staff Recommendation 1. Accept the Richard T. Steed Park Slope Erosion Repairs, from the contractor, O’Connell Engineering and Construction, Inc, Project No. 12161. 2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the Richard T. Steed Park Slope Erosion Repairs. 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, O’Connell Engineering and Construction, Inc and no stop notices have been filed. E. RESOLUTION 23-11 RATIFYING THE CITY COUNCIL DECISION OF THE CONLEY APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112 Staff Recommendation Adopt Resolution No. 23-11 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE APPLICANT'S APPEAL AND REVERSING THE REVOCATION OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112 LOCATED AT 4055 VIA MANZANA. Page 4 of 9 City Council Regular Meeting Agenda April 4, 2023 F. LETTER OF SUPPORT FOR ASSEMBLY BILL 1708 (MURATSUCHI) - THEFT; LETTER OF OPPOSITION SENATE BILL 423 (WIENER) - STREAMLINES HOUSING APPROVALS SB 35 Staff Recommendation 1. Approve, and authorize the Mayor to execute, the letter of support for Assembly Bill 1708, provided as Attachment 1 of the Administrative Report dated April 4, 2023, and on file with the City Clerk. 2. Approve, and authorize the Mayor to execute, the letter of opposition for Senate Bill 423, provided as Attachment 3 of the Administrative Report dated April 4, 2023, and on file with the City Clerk. 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. ADOPTION OF THE DRAFT 2023-2024 ANNUAL ACTION PLAN FOR EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Public Hearing to consider the proposed submission of the 2023-24 Annual Action Plan for the Community Development Block Grant. Staff Recommendation 1. Approve, and adopt the draft 2023-24 Annual Action Plan for the use of Community Development Block Grant Funds. 2. Authorize the City Manager to submit the Annual Action Plan to HUD to execute the HUD contract. 3. Accept grant revenues of $314,259 from HUD to Miscellaneous Grants Fund (Fund 017). 4. Authorize a related budget appropriation of $314,259 to the CDBG fund for the amounts in the 2023-24 Action Plan. Page 5 of 9 City Council Regular Meeting Agenda April 4, 2023 B. REGISTRATION FEES AND POLICIES FOR THE SAN CLEMENTE JUNIOR LIFEGUARD PROGRAM Public Hearing to consider a City-initiated proposal to amend the parks and recreation program fee associated with the San Clemente City Junior Lifeguard program. Staff Recommendation Adopt Resolution No. 23-12 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADJUSTING THE FEE FOR PARTICIPATION IN THE JUNIOR LIFEGUARD PROGRAM AND RESCINDING RESOLUTION NO. 16-24. 8. Unfinished Business None. 9. New Business A. PART-TIME CLASSIFICATION AND COMPENSATION STUDY FINDINGS AND RECOMMENDATIONS Staff Recommendation Adopt Resolution No. 23-13 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING SPECIFIED PAY GRADE CHANGES FOR HOURLY PART-TIME CLASSIFICATIONS AND ADOPTION OF REVISED HOURLY PART-TIME SALARY SCHEDULE AND AMENDING RESOLUTION NO. 22-41 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH. B. CONSIDERATION OF CITY COUNCIL POLICY UPDATES (Agendized at the March 21, 2023 City Council meeting by Councilmember James, with the support of Mayor Duncan and Mayor Pro Tem Knoblock.) Staff Recommendation 1. Approve revised Policy and Procedure 1201-11 - City Council meeting and operating procedures. 2. Adopt Resolution No. 23-14 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 DECORUM AT CITY COUNCIL MEETINGS. 3. Approve revised Policy and Procedure 1201-13 - Use of City of San Clemente Letterhead and Stationary. Page 6 of 9 City Council Regular Meeting Agenda April 4, 2023 4. Adopt Resolution No. 23-15 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CITY COUNCIL POLICY AND PROCEDURE 1201-13 (USE OF CITY LETTERHEAD) TO INCLUDE POLICIES FOR PRESS RELEASES. 5. Approve Policy and Procedure 1201-8 - Legislative Body Reimbursement. 6. Adopt Resolution No. 23-16 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CITY COUNCIL POLICY AND PROCEDURE 1201-8 (LEGISLATIVE BODY REIMBURSEMENT) TO INCLUDE AGENDIZING TRAVEL ON THE CONSENT CALENDAR, REIMBURSABLE EXPENDITURES AND APPROVALS FOR USE OF THE CITY CREDIT CARD. C. CONSIDERATION OF A LOCAL VENDOR PREFERENCE ORDINANCE (Agendized at the March 21, 2023 City Council meeting by Councilmember James, with the support of Councilmember Knoblock and Councilmember Enmeier.) Staff Recommendation Approve a Local Vendor Preference for professional and other contractual services, and direct staff to prepare an Ordinance updating the San Clemente Municipal Code, Title 3 Revenue and Finance, Chapter 3.40, and update the applicable City of San Clemente's Policies and Procedures. D. CONSIDERATION OF ADOPTING A RESOLUTION IN OPPOSITION TO CALIFORNIA ASSEMBLY BILL (AB) 1078 (Agendized at the March 21, 2023 City Council meeting by Mayor Pro Tem Knoblock, with the support of Councilmember Cabral and Councilmember James.) Staff Recommendation Determine whether to adopt Resolution No. 23-17 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING AB 1078. Page 7 of 9 City Council Regular Meeting Agenda April 4, 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. Items for Future Agendas 12. Reports A. Commissions and Committees B. Council Subcommittee Updates C. Council Members D. City Attorney E. City Manager 13. Adjournment The next Regular Council Meeting is scheduled to take place on April 18, 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. Page 8 of 9 City Council Regular Meeting Agenda April 4, 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 9 of 9