City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, May 16, 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 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 10 City Council Regular Meeting Agenda May 16, 2023 CLOSED SESSION (5:00 P.M.) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Existing litigation pursuant to Government Code Section 54956.9(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 BUSINESS MEETING (6:00 P.M.) CALL TO ORDER INVOCATION – Remi Shahriary, San Clemente Baha'i Community. PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations A. April Update on the Homeless Issue B. Presentation of Proclamation - National Beach Safety Week Presentation of Proclamation to Marine Safety Captain Mellott, Marine Safety Officer Giugni and Ocean Lifeguard Supervisor Blanc-Hall, setting apart May 22-May 29, 2023 as National Beach Safety Week in San Clemente. C. Presentation of Commendation - San Clemente Educational Foundation Presentation of Commendation to Linda Verraster, representing the San Clemente High School Educational Foundation, in recognition of their 25th Anniversary. 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 Page 2 of 10 City Council Regular Meeting Agenda May 16, 2023 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. 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 SPECIAL CITY COUNCIL MEETING MINUTES OF MAY 2, 2023. (2) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MAY 2, 2023. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF MARCH 28, 2023. (2) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF JANUARY 23, 2023. (3) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF APRIL 12, 2023. (4) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF MARCH 29, 2023. (5) PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 19, 2023. (6) PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 3, 2023. (7) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF APRIL 20, 2023. Page 3 of 10 City Council Regular Meeting Agenda May 16, 2023 C. Warrant Register (1) APPROVE WIRE TRANSFER NOS. 2841 THROUGH 2842 AND WARRANT NOS. 587884 THROUGH 588047 PAID ON 4-28-23, IN THE AMOUNT OF $1,051,050.66 TOTAL WARRANT REGISTER $1,051,050.66 D. ORDINANCE 1750 (SECOND READING) - LOCAL VENDOR PREFERENCE Staff Recommendation Adopt 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. E. CONSIDERATION OF SUPPORTING CALIFORNIA ASSEMBLY BILL (AB) 882 Staff Recommendation Determine whether to support AB 882 and provide direction to the Mayor to execute the letter of support. F. CONSIDERATION OF SUPPORTING CALIFORNIA ASSEMBLY BILL (AB) 966 Staff Recommendation Determine whether to support AB 966 and provide direction to the Mayor to execute the letter of support. G. CONSIDERATION OF PROVIDING A LETTER OF SUPPORT FOR CALIFORNIA SENATE BILL (SB) 337 Staff Recommendation Approve, and authorize the Mayor to execute the letter of support, dated May 16, 2023 and on file with the City Clerk. Page 4 of 10 City Council Regular Meeting Agenda May 16, 2023 H. APPROVAL OF A LICENSE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR CONTINUED USE OF THE SAN CLEMENTE PEDESTRIAN BEACH TRAIL AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS I (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES Staff Recommendation Adopt Resolution No. 23-29, which would: 1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines. 2. Approve, and authorize the City Manager to execute, Contract 23-20, a License Agreement by and between the Orange County Transportation Authority (OCTA) and the CIty of San Clemente allowing the City to continue to use the OCTA right-of-way and maintain the Pedestrian Beach Trail. 3. Adopt Resolution No. 23-29 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A LICENSE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR CONTINUED USE OF THE SAN CLEMENTE PEDESTRIAN BEACH TRAIL AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES. I. ADOPTION OF RESOLUTION NO. 23-30, APPROVING A LICENSE AGREEMENT WITH ABOUND FOOD CARE FOR EMERGENCY MEAL STORAGE Staff Recommendation 1. Adopt Resolution No. 23-30 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A LICENSE AGREEMENT WITH ABOUND FOOD CARE. 2. Approve, and authorize the City Manager to execute, Contract No. C23-22, a License Agreement, by and between the City of San Clemente and Abound Food Care, allowing for use of space in a material storage yard at the City's Water Reclamation Plant located at 30 Avenida Pico to place and operate one solar powered cold storage unit with solar panels. Page 5 of 10 City Council Regular Meeting Agenda May 16, 2023 J. APPROVAL OF TRAINING - MAYOR PRO TEMPORE KNOBLOCK AND COUNCILMEMBER CABRAL ATTENDANCE AT SMART COAST CALIFORNIA’S 2ND ANNUAL POLICY SUMMIT Staff Recommendation Approve, and authorize the Mayor Pro Tempore Knoblock and Councilmember Cabral to attend Smart Coast California's 2nd Annual Smart Coast Policy Summit May 18-19, 2023. K. ADOPTION OF RESOLUTION NO. 23-31, AWARDING A MAINTENANCE SERVICES AGREEMENT TO ACCESS CONTROL SECURITY, INC. TO PROVIDE PARKING ENFORCEMENT SERVICES DURING STREET SWEEPING OPERATIONS, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES Staff Recommendation Adopt Resolution No. 23-21, which would: 1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines. 2. Award the Maintenance Agreement for Parking Enforcement during street sweeping operations to Access Control Security, Inc. 3. Approve, and authorize the City Manager to execute, Contract No. C23-23, by and between the City of San Clemente and Access Control Security, Inc., providing for parking enforcement during street sweeping operations, in an amount not to exceed $182,016, for a three-year contract term with the option of two one-year extensions for a potential total agreement term of five years. 8. Public Hearings None. 9. Unfinished Business None. Page 6 of 10 City Council Regular Meeting Agenda May 16, 2023 10. New Business A. CONSIDERATION OF PROCEDURES TO APPOINT A COUNCILMEMBER TO FILL THE UNEXPIRED TERM OF FORMER COUNCILMEMBER GENE JAMES (NOVEMBER 2024) Staff Recommendation 1. Make nominations for applicants to be interviewed. 2. Schedule a Special meeting for Council interviews and appointment. 3. Determine to : a. Use ranking sheets to rank each Candidate by number. OR b. Publicly deliberate and select an individual to fill the vacancy. The affirmative vote of at least three City Councilmembers is required for appointment. B. 2023 TROLLEY UPDATE, LETTER TO ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA), AND CONSIDERATION OF CONTINUATION OF THE GREEN LINE TROLLEY (Agendized at the May 2, 2023 City Council meeting by Councilmember Enmeier, with the support of Mayor Duncan and Mayor Pro Tem Knoblock.) Staff Recommendation 1. Receive and file the Administrative Report dated May 16, 2023, and on file with the City Clerk. 2. Authorize the City Manager to execute and send the Letter of Interest provided in Attachment 1 of the Administrative Report to the Orange County Transportation Authority. 3. Discuss and provide direction to Staff regarding whether any further action should be taken with respect to continuation of the Green Line Trolley. C. CONSIDERATION OF THE DESIGN OF 24 PICKLEBALL COURTS AT STEED PARK AND OPTIONS FOR CONSTRUCTION OF TEMPORARY PICKLEBALL COURTS (Agendized at the April 4, 2023 City Council meeting by Mayor Duncan, with the support of Councilmember Cabral and Mayor Pro Tem Knoblock.) Staff Recommendation City Council provide direction on the project going forward. Page 7 of 10 City Council Regular Meeting Agenda May 16, 2023 D. PRIVATE SECURITY SUBCOMMITTEE REPORT (Agendized at the May 2, 2023 City Council meeting by Councilmember Cabral, with the support of Mayor Pro Tem Knoblock and Mayor Duncan.) Private Security Subcommittee Recommendation: The Private Security Subcommittee has prepared a recommendation for consideration by the CIty Council. The recommended actions are provided in Attachment 1 of the Administrative Report dated May 16, 2023 and on file with the City Clerk. E. PROJECT HOMEWARD BOUND (Agendized at the May 2, 2023 City Council meeting by Councilmember Enmeier, with the support of Mayor Duncan.) Consideration of assigning the Human Affairs Committee to research the benefits of working with Project Homeward Bound. 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 13. Reports A. Commissions and Committees B. Council Subcommittee Updates C. Council Members D. City Attorney E. City Manager 14. Adjournment Adjourn to an Adjourned Regular Meeting to be held on May 23, 2023 at 4:00 p.m. for the purpose of conducting the Budget Workshop. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. The next Regular Council Meeting is scheduled to take place on June 6, 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 Page 8 of 10 City Council Regular Meeting Agenda May 16, 2023 Negocio, 2nd Floor, San Clemente. Items to be Considered at a Future Meeting June 20, 2023 - Commercial Vehicle Parking Page 9 of 10 City Council Regular Meeting Agenda May 16, 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