City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, February 4, 2025 2nd Floor City Council San Clemente, California Regular Meeting Agenda www.san-clemente.org Council Chambers 4:30 p.m. - Closed Session Mayor Knoblock 5:30 p.m. - Business Meeting Mayor Pro Tem Enmeier Councilmember Cabral Councilmember Loeffler Councilmember Wu 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 February 4, 2025 DISCLOSURE OF CAMPAIGN CONTRIBUTIONS Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration. CLOSED SESSION (4:30 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. Alfie Shahid, et al., Orange County Superior Court Case No. 30-2024-01381591-CU-MC-CJC. B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1 Case Name: City of Huntington Beach, et al. v. The State of California, et al. United States District Court for the Central District of California, Case No.: 8:25-cv-00026 (Agendized by Mayor Knoblock, with the support of Councilmember Loeffler and Councilmember Cabral at the January 14, 2025 Adjourned Regular meeting.) BUSINESS MEETING (5:30 P.M.) CALL TO ORDER INVOCATION – Assistant Pastor Steve Pascoe, Calvary Chapel San Clemente PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations A. Friends of the San Clemente Beaches, Parks and Recreation Foundation Presentation of Pump Track Donation Presentation by the Friends of San Clemente Beaches, Parks and Recreation Foundation of a donation of $100,000 for the pump track at Richard T. Steed Memorial Park. Page 2 of 10 City Council Regular Meeting Agenda February 4, 2025 B. Presentation of Commendations for Lifesaving Rescue at T-Street Beach on December 25, 2024 Presentation of Commendations in recognition of heroic lifesaving efforts performed at T-Street Beach on December 25, 2024. 2. Council Member Reports 3. 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. 12. 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. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff. 4. Motion waiving reading in full of all Resolutions and Ordinances 5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council. 6. Closed Session Report - City Attorney 7. Staff Communications Page 3 of 10 City Council Regular Meeting Agenda February 4, 2025 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. 8A. BILLING FOR 2024 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 Adopt Resolution No. 25-13, which will: 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. 8B. APPEAL HEARING - DETERMINATION OF AN APPEAL OF A DENIAL OF AN EXTENSION OF A SPECIAL EVENT PERMIT FOR THE 2025 CHRIST LUTHERAN CHURCH NORTH BEACH CHURCH SERVICES Public Hearing to consider an appeal of the denial of a Special Event Permit application submitted by Christ Lutheran Church for weekly church services to be held on North Beach. Per San Clemente Municipal Code § 12.34.100, the applicant has the right to appeal a decision or conditions of an application. The City Council will review the reason for denial and the subsequent appeal, consider public input, and take appropriate action. Staff Recommendation Conduct the appeal hearing, review the denial and appeal request and make a determination on the special event permit application to either: 1. Deny the appeal on the grounds that the application for 52 days of special event use exceeds the 30-day maximum under San Clemente Municipal Code Chapter 12.34. OR Page 4 of 10 City Council Regular Meeting Agenda February 4, 2025 2. Grant the appeal and determine that an exception to San Clemente Municipal Code Chapter 12.34 is warranted based on specific findings that are made in the record and give staff specific directions to issue the special event permit on specified terms and conditions that are stated in the record. 9. Unfinished Business None. 10. New Business 10A. CONSIDERATION OF INITIATING LITIGATION AGAINST THE STATE OF CALIFORNIA, THE GOVERNOR AND THE ATTORNEY GENERAL CHALLENGING SB 54, WAIVING CONFLICTS WITH THE PLAINTIFFS, APPROPRIATING FUNDS AND HIRING LITIGATION COUNSEL (Agendized by Mayor Knoblock, with the support of Councilmember Loeffler and Councilmember Cabral at the January 14, 2025 Adjourned Regular meeting.) Staff Recommendation Provide specific direction on the following: 1. Whether to initiate litigation on behalf of the City and the City Council against the State of California, Governor Gavin Newsom and Attorney General Robert Bonta to challenge SB 54 by authorizing and directing the City Manager and the City Attorney to execute necessary documents and take such actions as are necessary and proper to join the City of Huntington Beach, the Huntington Beach City Council, the Huntington Beach Police Department and the Huntington Beach Police Chief as co-plaintiffs in the complaint (Attachment 2) filed in United States District Court for the Central District of California, Case No.: 8:25-cv-00026 on the condition that an agreement can be reached to contain costs to the appropriated funding amount. 2. Whether to authorize the City Manager to waive any conflicts with the plaintiffs in that case. 3. Whether to and in what amount to make an appropriation from the General Fund to fund the litigation. 4. Whether to authorize the City Manager to hire litigation counsel. Page 5 of 10 City Council Regular Meeting Agenda February 4, 2025 10B. DISCUSSION REGARDING THE INCREASE OF UNLICENSED WATERCRAFT (AKA PANGAS) COMING ASHORE IN SAN CLEMENTE Staff Recommendation Place the contact information for the Customs and Border Patrol on the City’s website for residents to contact if they discover a panga on or approaching the beach in San Clemente. 11. 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 or Staff requests removal of an item for separate discussion and action. A. City Council Minutes Staff Recommendation: (1) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF JANUARY 14, 2025. (2) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF JANUARY 14, 2025. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) COASTAL ADVISORY COMMITTEE REGULAR MEETING MINUTES OF SEPTEMBER 19, 2024. (2) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF NOVEMBER 4, 2024. (3) HUMAN AFFAIRS COMMITTEE REGULAR MEETING OF NOVEMBER 12, 2024. (4) PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF NOVEMBER 20, 2024. (5) COASTAL ADVISORY COMMITTEE REGULAR MEETING MINUTES OF NOVEMBER 21, 2024. (6) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF NOVEMBER 26, 2024. (7) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF DECEMBER 17, 2024. (8) PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF DECEMBER 18, 2024. Page 6 of 10 City Council Regular Meeting Agenda February 4, 2025 (9) PLANNING COMMISSION REGULAR MEETING MINUTES OF DECEMBER 18, 2024. C. Warrant Register (1) APPROVE WIRE TRANSFER NOS. 3174 THROUGH 3181 AND WARRANT NOS. 601860 THROUGH 601937, PAID ON 1-10-25, IN THE AMOUNT OF $3,580,124.89 (2) APPROVE WARRANT NOS. 601938 THROUGH 602123, PAID ON 1-17-25, IN THE AMOUNT OF $1,548,477.76 (3) APPROVE WIRE TRANSFER NOS. 3182 THROUGH 3185 AND WARRANT NOS. 602124 THROUGH 602238, PAID ON 1-24-25, IN THE AMOUNT OF $1,863,689.49 (4) APPROVE WARRANT NOS. 602239 THROUGH 602362, PAID ON 1-31-25, IN THE AMOUNT OF $1,578,015.63 TOTAL WARRANT REGISTER $8,570,307.77 Payroll Register APPROVE WARRANT NO. 965 AND AUTOMATIC DEPOSIT ADVISES 100041 THROUGH 100314, FOR THE PERIOD 12-23-24 THROUGH 1-5-25, PAID ON 1-10-25, IN THE AMOUNT OF $511,365.70 APPROVE WARRANT NOS. 966 THROUGH 967 AND AUTOMATIC DEPOSIT ADVISES 100315 THROUGH 100629, FOR THE PERIOD 1-6-25 THROUGH 1-19-25, PAID ON 1-24-25, IN THE AMOUNT OF $515,970.29 TOTAL PAYROLL REGISTER $1,027,335.99 Page 7 of 10 City Council Regular Meeting Agenda February 4, 2025 11D. NOTICES OF COMPLETION FOR THE SAN GORGONIO PARK PLAYGROUND EQUIPMENT REPLACEMENT AND STEED MEMORIAL PARK PLAYGROUND EQUIPMENT REPLACEMENT Staff Recommendation Adopt Resolution No. 25-14, which will: 1. Accept the Steed Memorial Park Playground Equipment Replacement, CIP No. 12107, and San Gorgonio Park Playground Equipment Replacement, CIP No. 11148, from the contractor, Kompan California, Inc. 2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Steed Memorial Park Playground Equipment Replacement and San Gorgonio Park Playground Equipment Replacement. 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, Kompan California, Inc. 4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost. 11E. CONTRACT AWARD - TAX AND FEE CONSULTING SERVICES AND A RESOLUTION DESIGNATING PERSONS AUTHORIZED TO OBTAIN SALES TAX INFORMATION Staff Recommendation Adopt Resolution Nos. 25-15 and 25-16, which will: ..recommendation 1. Approve, and authorize the City Manager to execute, Contract No. C25- 07, by and between the City of San Clemente and HdL Coren & Cone, providing for Property Tax Services, in an amount not to exceed $105,000, excluding the annual CPI escalator and contingent fees, for a contract term of five-years and authorize the City Manager to approve two additional one-year extension options. 2. Approve, and authorize the City Manager to execute, Contract No. C25- 08, by and between the City of San Clemente and Hinderliter, de Llamas and Associates, providing for Sales and Use Tax, Transient Occupancy Tax Services, Business License and Transient Occupancy Tax Software Services in an amount not to exceed $521,535, excluding annual CPI escalator and contingent fees, for a contract term of five-years and authorize the City Manager to approve two additional one-year extension Page 8 of 10 City Council Regular Meeting Agenda February 4, 2025 options. 3. Approve a 19% project contingency. 4. Authorize City staff and Hinderliter, de Llamas & Associates to have access to sales or use tax records and documents pursuant to California Revenue & Taxation Code Section 7056(b). 12. 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. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff. 13. Future Agenda Items 14. Reports A. Commissions and Committees B. Council Subcommittee Updates C. City Attorney D. City Manager 15. Adjournment Adjourn to an Adjourned Regular Meeting scheduled to take place on February 13, 2025 for the purpose of conducting a City Council retreat. The City Council retreat will begin at 2:00 p.m. The meeting will take place in the Fireside Room at the Community Center, located at 100 N. Calle Seville, San Clemente. Please note the next Regular Council Meeting is scheduled to take place on February 18, 2025. Page 9 of 10 City Council Regular Meeting Agenda February 4, 2025 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