City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, May 2, 2023 2nd Floor City Council San Clemente, California Regular Meeting Agenda www.san-clemente.org Council Chambers 6:00 - Business Meeting Mayor Duncan 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda. Page 1 of 9 City Council Regular Meeting Agenda May 2, 2023 BUSINESS MEETING (6:00 P.M.) CALL TO ORDER INVOCATION – Executive Pastor Matt McGill, Pacific Coast Church San Clemente PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations A. Employee Service Awards Presentation by City Manager Hall recognizing Andy Flores, Andrew Vick, Ryan Peralta, Scott Pierce and Megan Jimenez as the 2023 Core Values Award Recipients and Andy Flores as the 2023 Employee of the Year, and recognizing Larry Isaac for 45 years of service to the City. B. Presentation of Proclamation - Drowning Prevention Awareness Presentation of Proclamation to Orange County Fire Authority Division Chief Maule, setting apart April 9-15, 2023 as Drowning Prevention Awareness Season. C. Army Corps of Engineers - Sand Replenishment Presentation by Doland Cheung, Project Manager, Programs and Project Management Division, concerning the upcoming San Clemente Sand Nourishment Project. 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 9 City Council Regular Meeting Agenda May 2, 2023 6. Staff Communications 7. 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 18, 2023. (2) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 24, 2023 (AB- 1234 TRAINING). (3) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 24, 2023. B. Commission/Committee Minutes None. C. Warrant Register (1) APPROVE WIRE TRANSFER NOS. 2833 THROUGH 2834 AND WARRANT NOS. 587571 THROUGH 587723, PAID ON 4-14-23, IN THE AMOUNT OF $1,261,718.65 (2) APPROVE WIRE TRANSFER NOS. 2835 THROUGH 2840 AND WARRANT NOS. 587724 THROUGH 587883, PAID ON 4-21-23, IN THE AMOUNT OF $2,029,730.89 TOTAL WARRANT REGISTER $3,291,449.54 Payroll Register WARRANT NO. 901, AUTOMATIC DEPOSIT ADVISES 85176 THROUGH 85464, FOR THE PERIOD 4-3-23 THROUGH 4-16-23, PAID ON 4-21-23, IN THE AMOUNT OF $448,930.58 TOTAL PAYROLL REGISTER $448,930.58 Page 3 of 9 City Council Regular Meeting Agenda May 2, 2023 D RATIFICATION OF EMERGENCY CONTRACT - REPLACEMENT OF INDUSTRIAL DUTY DOOR AT WATER RECLAMATION PLANT Staff Recommendation 1. Make a finding that an emergency existed due to the failure of the industrial duty rolling steel door and operator at the Water Reclamation Plant which required immediate action to protect public health and safety by maintaining permit compliance, that might have otherwise occurred if required to incur delays attributed to the typical engineering design and public competitive bidding process. 2. Declare that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health. 3. Adopt Resolution No. 23-22 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RATIFYING EMERGENCY CONSTRUCTION CONTRACT WITH VORTEX INDUSTRIES, LLC. FOR REPLACEMENT OF INDUSTRIAL DOOR AND OPERATOR AT WATER RECLAMATION PLANT. 4. Approve, and authorize the City Manager to execute, Contract No. C23-19, by and between the City of San Clemente and Vortex Industries LLC., providing for replacement of industrial duty door at the Water Reclamation Plant, in an amount not to exceed $23,700. 8. 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 WEED ABATEMENT 2023 - ORDER TO ABATE NUISANCES BY HAVING WEEDS, RUBBISH, AND REFUSE, REMOVED FROM VACANT AND UNOCCUPIED, DEVELOPED PROPERTIES AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF THE CEQA GUIDELINES Public Hearing to consider all objections or protests, if any, to the proposed abatement of weeds, rubbish, refuse, and dirt upon the streets, sidewalks, parkways and private property within the City of San Clemente and a categorical exemption for the project under CEQA. Staff Recommendation Page 4 of 9 City Council Regular Meeting Agenda May 2, 2023 Adopt Resolution No. 23-23 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED FROM VACANT PROPERTIES AND UNOCCUPIED, DEVELOPED PROPERTIES WITHIN THE CITY, NOTIFYING THE STATE, COUNTY, OR ANY OTHER PUBLIC AGENCY AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR § 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT, AND 15321, CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES). B. CODE AMENDMENT - LOCAL VENDOR PREFERENCE Public Hearing concerning consideration of adopting a Local Vendor Preference Ordinance, which would establish a local vendor preference of seven percent for professional and other contractual services. Staff Recommendation Introduce Ordinance No. 1750 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING AND REPLACING SAN CLEMENTE MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.40, SECTION 3.40.030 RELATING TO A LOCAL VENDOR PREFERENCE. C. RICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG PARK MASTER PLAN UPDATE, CERTIFICATION OF INITIAL STUDY AND ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE PROJECT Public Hearing to consider the adoption of a site-specific master plan update to Richard T. Steed Memorial Park, certification of the Initial Study and adoption of a Mitigated Negative Declaration, Monitoring and Reporting Program. Staff and the Beaches, Parks and Recreation Commission Recommendation 1. Approve the update to the Richard T. Steed Memorial Park Master Plan with the modification that lights be considered at the pickleball courts in future development. Staff Recommendation 1. Adopt Resolution No. 23-24 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING Page 5 of 9 City Council Regular Meeting Agenda May 2, 2023 AN INITIAL STUDY, ADOPTING A MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE THE RICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG PARK MASTER PLAN UPDATE. 2. Adopt Resolution No. 23-25 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE RICHARD T. STEED MEMORIAL PARK MASTER PLAN, MAKING A FINDING OF COMPLIANCE WITH THE SAN CLEMENTE CENTENNIAL GENERAL PLAN AND AMENDING RESOLUTION NO. 03-32. 9. Unfinished Business A. APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH PRECISION CIVIL ENGINEERING, INC. FOR THE HOUSING ELEMENT REZONING PROGRAM Staff Recommendation 1. Adopt Resolution No. 23-26 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO PREPARE AND EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT BETWEEN PRECISION CIVIL ENGINEERING, INC. AND THE CITY OF SAN CLEMENTE FOR PLANNING CONSULTING SERVICES TO IMPLEMENT THE HOUSING ELEMENT REZONING PROGRAM. 2. 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, Inc., providing for the Housing Element Rezoning Program. This amendment increases the contract amount from $50,000 to an amount not to exceed $104,000 (an increase of $54,000). 10. New Business A. CONSIDERATION OF PARK LEASE AGREEMENT FOR MINI GOLF FACILITY - VISTA HERMOSA SPORTS PARK LEASE LAND Staff Recommendation Adopt Resolution No. 23-27 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING EXCLUSIVE NEGOTIATIONS WITH SALTY TURF LLC FOR THE DEVELOPMENT AND LEASE OF CITY PROPERTY AT 987 AVENIDA VISTA HERMOSA. Page 6 of 9 City Council Regular Meeting Agenda May 2, 2023 B. CONSIDERATION OF WASTEWATER (SEWER) UTILITY COST OF SERVICE STUDY AND SCHEDULING OF A PUBLIC HEARING ON SEWER RATES Staff Recommendation 1. Direct staff to revise and finalize the Cost of Service Study utilizing option 2, and approve the final study as so revised for public review. 2. Direct staff to proceed with the Public Hearing Notice (Proposition 218 Notice) and scheduling of such hearing. 3. Adopt Resolution No. 23-28 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DIRECTING CITY STAFF TO SEND A NOTICE OF PUBLIC HEARING PURSUANT TO PROPOSITION 218 AND SCHEDULING A PUBLIC HEARING ON SEWER RATES. C. UPDATE ON COASTAL ADMINISTRATOR POSITION (Agendized at the April 4, 2023 City Council meeting by Councilmember Cabral, with the support of Council.) Staff Recommendation 1. Further direct the City Manager to complete the creation of the job description for the Coastal Administrator position and begin the recruitment process to allow the new employee to be hired shortly after adoption of the Municipal Budget. 2. Receive and file the Administrative Report dated May 2, 2023 and on file with the City Clerk. 11. 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. 12. Future Agenda Items Page 7 of 9 City Council Regular Meeting Agenda May 2, 2023 13. Reports A. Commissions and Committees (1) RESIGNATION OF ANGELINE JOHNSON FROM THE HUMAN AFFAIRS COMMITTEE Staff Recommendation 1. Accept the resignation of Angeline Johnson from the Human Affairs Committee, with regret. 2. Provide direction to Staff to solicit applications to fill the remainder of Ms. Johnson’s term (June 2024). B. Council Subcommittee Updates C. Council Members D. City Attorney E. City Manager 14. Adjournment The next Regular Council Meeting is scheduled to take place on May 16, 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 16, 2023: Commercial Vehicle Parking Page 8 of 9 City Council Regular Meeting Agenda May 2, 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