City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, April 18, 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 10 City Council Regular Meeting Agenda April 18, 2023 CLOSED SESSION (5:00 P.M.) A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION AUTHORITY: GOVERNMENT CODE SECTION 54956.9(a), (d)(1) Number of Cases: 2 CASE NAME: Laura Ferguson v. City of San Clemente, et al. Orange County Superior Court Case No. 30-2021-01221022-CU-WM-CJC CASE NAME: American Medical Response West v. Cal. Dept. of Health Care Services, et al. Sacramento County Superior Court Case No. 34-2021-80003757 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION AUTHORITY: GOVERNMENT CODE SECTION 54956.9(a), (d)(2) Number of Cases: 2 US Navy CERCLA claim - arising out of operation of a skeet shooting range and alleged lead contamination on federal property. Pickleball Court Nuisance Claim - claims of private and public nuisance, failure to notice, CEQA violation and injunction arising out of pickleball courts at San Gorgonio Park. BUSINESS MEETING (6:00 P.M.) CALL TO ORDER INVOCATION – Pastor Mike Fanning, Heritage Christian Fellowship PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations A. Presentation of Commendation - San Clemente Historical Society 50th Anniversary Presentation of Commendation to Larry Culbertson, President and Katie Potts, Vice President, of the San Clemente Historical Society, in honor of their 50th Anniversary. B. Presentation of Proclamation - San Clemente Elks Club - Youth Week Presentation of Proclamation to San Clemente Elks Club, proclaiming May 1-7, as Youth Week. C. March Update on the Homeless Issue Page 2 of 10 City Council Regular Meeting Agenda April 18, 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 APRIL 4, 2023. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF MARCH 15, 2023. (2) PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 22, 2023. Page 3 of 10 City Council Regular Meeting Agenda April 18, 2023 C. Warrant Register (1) APPROVE WIRE TRANSFER NOS. 2818 THROUGH 2823 AND WARRANT NOS. 587154 THROUGH 587285, PAID ON 3-24-23, IN THE AMOUNT OF $1,307,757.39 (2) APPROVE WIRE TRANSFER NOS. 2824 THROUGH 2825 AND WARRANT NOS. 587286 THROUGH 587413, PAID ON 3-31-23, IN THE AMOUNT OF $1,165,743.86 (3) APPROVE WIRE TRANSFER NOS. 2826 THROUGH 2832 AND WARRANT NOS. 587414 THROUGH 587570, PAID ON 4-7-23, IN THE AMOUNT OF $3,068,362.11 TOTAL WARRANT REGISTER $5,541,863.36 Payroll Register WARRANT NO. 900, AUTOMATIC DEPOSIT ADVISES 84611 THROUGH 84886, FOR THE PERIOD 3-6-23 THROUGH 3-19-23, PAID ON 3-24-23, IN THE AMOUNT OF $442,144.22 AUTOMATIC DEPOSIT ADVISES 84887 THROUGH 85175, FOR THE PERIOD 3-20-23 THROUGH 4-2-23, PAID ON 4-7-23, IN THE AMOUNT OF $461,618.92 TOTAL PAYROLL REGISTER $903,763.14 D. CONTRACT AMENDMENT - HOUSING ELEMENT REZONING PROGRAM Staff Recommendation Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1099, by and between the City of San Clemente and Precision Civil Engineering, providing for the Housing Element Rezoning Program. This amendment increases the contract amount from $50,000 to $122,900 (an increase of $72,900). Page 4 of 10 City Council Regular Meeting Agenda April 18, 2023 E. GRANT FUNDING APPLICATION - CERTIFIED LOCAL GOVERNMENT GRANT TO UPDATE THE 2006 HISTORIC RESOURCES SURVEY Staff Recommendation Adopt Resolution No. 23-18 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL GOVERNMENT GRANT TO UPDATE THE 2006 HISTORIC RESOURCES SURVEY BY CONDUCTING A FIELD SURVEY OF PREVIOUSLY IDENTIFIED HISTORIC PROPERTIES AND UPDATING THEIR ASSOCIATED DEPARTMENT OF PARKS AND RECREATION (DPR) FORMS. F. GROUND EMERGENCY MEDICAL TRANSPORTATION PROGRAM PARTICIPATION Staff Recommendation Approve, and authorize the City Manager to initiate participation in the Public Providers Ground Emergency Medical Transport Intergovernmental Transfer Program. G. FINAL PARCEL MAP 2020-121, 411 AVENIDA VICTORIA, DUPLEX CONDOMINIUM SUBDIVISION Staff Recommendation 1. Accept on behalf of the City of San Clemente, the water rights as dedicated. 2. Approve the Final Parcel Map 2020-121 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map. 3. Authorize, and direct the Public Works Director/City Engineer to execute the Final Parcel Map. 4. Authorize, and direct the City Clerk to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office. Page 5 of 10 City Council Regular Meeting Agenda April 18, 2023 H. GRANT FUNDING APPLICATION AND 20% MATCH FOR THE PICO AND SAN CLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT Staff Recommendation Adopt Resolution No. 23-19 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE PICO AND SAN CLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT PROJECT. I. RESCIND WATER SHORTAGE LEVEL 2 WATER ALERT, RESOLUTION NO. 22-27 Staff Recommendation Adopt Resolution No. 23-20 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RESCINDING WATER SHORTAGE LEVEL 2 WATER ALERT, RESOLUTION NO. 22-27. J. APPROVAL OF TRABUCO CANYON WATER DISTRICT (TCWD) WITHDRAWAL AND CONTINUED SERVICES AGREEMENT WITH SOUTH ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA) Staff Recommendation 1. Approve, and authorize the Utilities Director to execute, Contract No. C23-17, A Continued Services Agreement, by and between the City of San Clemente and South Orange County Wastewater Authority, authorizing the Trabuco Canyon Water District withdrawl and the Continued Services Agreement with South Orange County Wastewater Authority. 2. Adopt Resolution No. 23-21 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING TRABUCO CANYON WATER DISTRICT (TCWD) WITHDRAWAL AND CONTINUED SERVICES AGREEMENT WITH SOUTH ORANGE COUNTY WASTEWATER AUTHORITY. Page 6 of 10 City Council Regular Meeting Agenda April 18, 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. None. 8. Unfinished Business None. 9. New Business A. CITY COUNCIL CONSIDERATION AND DIRECTION ON THE NORTH BEACH PLACEMAKING PLAN (Agendized by Council at the March 27, 2023 Special City Council meeting.) Staff Recommendation 1 Provide specific direction to the City Manager on next steps including, which sections of the plan should be included in the final Placemaking Plan, if any of the sections should be implemented immediately, and direction to provide an action plan with anticipated timelines that include the appropriate financial approvals necessary to implement the plan. 2. Receive and file the Administrative Report dated April 18, 2023, and on file with the City Clerk. B CONSIDERATION OF CITY COUNCIL MEETING SCHEDULE MODIFICATIONS FOR THE REMAINDER OF 2023 (Agendized at the April 4, 2023 City Council meeting by Councilmember Cabral, with the support of Council.) Staff Recommendation 1. Determine whether or not to cancel or reschedule the Regular City Council meeting of September 19, 2023. 2. Cancel the City Council meeting of November 21, 2023. 3. Determine whether or not to cancel or reschedule the Regular City Council meeting of December 19, 2023. Page 7 of 10 City Council Regular Meeting Agenda April 18, 2023 C. PUBLIC SAFETY COMMITTEE REPORT REGARDING ENHANCED FEATURES FOR 911 DISPATCH CENTER Staff Recommendation Receive and file the Administrative Report dated April 18, 2023, and on file with the City Clerk. 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 (COREY JACKSON 2023). E. CONSIDERATION OF RESOLUTION 23-16 TO REPEAL IN FULL AND REPLACE WITH A NEW CITY COUNCIL POLICY AND PROCEDURE 1201-8 LEGISLATIVE BODY REIMBURSEMENT (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 Adopt Resolution No. 23-16 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, REPEALING POLICY AND PROCEDURE 1201-8 LEGISLATIVE BODY REIMBURSEMENT AND ADOPTING A NEW POLICY AND PROCEDURE 1201-8 LEGISLATIVE BODY REIMBURSEMENT. 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. Future Agenda Items Page 8 of 10 City Council Regular Meeting Agenda April 18, 2023 12. Reports A. Commissions and Committees (1) SCHEDULING OF MEETINGS TO INTERVIEW AND APPOINT INDIVIDUALS TO SERVE ON VARIOUS CITY COMMISSIONS AND COMMITTEES Staff Recommendation 1. Authorize the City Clerk to advertise to fill 14 vacancies on the Planning Commission, Golf Course Committee, Beaches, Parks and Recreation Commission, Human Affairs Committee, and Investment Advisory Committee. All positions are for two-year terms to expire June 30, 2025. 2. Authorize the City Clerk to advertise to fill 1 vacancy on the Investment Advisory Committee for a one-year term to expire June 30, 2024, to fill the position of Ryan Bourque, who recently resigned. 3. Establish meeting date(s) in June 2023 to interview and appoint individuals to fill the upcoming vacancies. 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 May 2, 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 May 2, 2023: Public Hearing - Code Amendment - Local Vendor Preference May 2, 2023: Army Corps of Engineers Presentation on Sand Replenishment May 2, 2023: Richard T. Steed Memorial Park Master Plan Adoption May 18, 2023: Commercial Vehicle Parking Page 9 of 10 City Council Regular Meeting Agenda April 18, 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 10 of 10