City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, March 18, 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 March 18, 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 $500 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 $500 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 - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d)(2) Number of Cases: 1 Facts and Circumstances per Government Code section 54956.9(e)(1): Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs. B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION 1. Pursuant to Government Code section 54957(b) Title: City Manager 2. Pursuant to Government Code section 54957(b)(1)&(4) Title: City Attorney BUSINESS MEETING (5:30 P.M.) CALL TO ORDER INVOCATION – Pastor Brieann Knutson, San Clemente Presbyterian Church PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations Special Presentations will be heard prior to the Consent Calendar please reference page 6 of this agenda. 2. Council Member Reports Page 2 of 10 City Council Regular Meeting Agenda March 18, 2025 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 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. CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) Continued public hearing to address non-compliance with the Covenants, Conditions, and Restrictions (CC&Rs) specific to the Broadmoor community. Staff Recommendation 1. Open the public hearing, receive public testimony and comment, close the public hearing. 2. Following the public hearing, determine that the Broadmoor Association has initiated enforcement of its Covenants, Conditions, and Restrictions Page 3 of 10 City Council Regular Meeting Agenda March 18, 2025 (CC&Rs), and continue the public hearing to September 16, 2025, to allow the Broadmoor Association’s process to continue according to their specified timelines, and direct the Broadmoor Association to abate violations prima facie, not subject to a determination that a Felicidad homeowner’s view is obstructed. 8B. CONTINUED PUBLIC HEARING ON CONSIDERATION OF IMPLEMENTING A NON-REFUNDABLE DEPOSIT FEE FOR GOLF TEE TIME BOOKINGS Continued public hearing to consider the implementation of a booking deposit fee for the reservation of tee time at the San Clemente Municipal Golf Course. The proposed booking deposit fee of $10 per tee time aims to enhance reservation efficiency, reduce no-shows, and improve access for golfers seeking tee times. The deposit fee is proposed to be applied towards the total green fee at the time of golfer check-in with the Starter Office. Staff Recommendation Table the public hearing and take no further action at this time. 9. Unfinished Business 9A. INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION, COASTAL ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC SAFETY COMMITTEE Staff Recommendation Conduct the first reading and introduce Ordinance No. 1789 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION, COASTAL ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC SAFETY COMMITTEE, RESPECTIVELY. Page 4 of 10 City Council Regular Meeting Agenda March 18, 2025 10. New Business 10A. CONSIDERATION OF ADOPTING RESOLUTION 25-30 OR SUBMITTING A LETTER OF OPPOSITION TO THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) REGARDING PROPOSED AMENDED RULES 1111 AND 1121 Staff Recommendation 1. Adopt Resolution No. 25-30 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) RULES 1111 AND 1121, AS AMENDED, WITH DIRECTION TO THE CITY MANAGER TO SUBMIT THE RESOLUTION TO THE SCAQMD. OR 2. Authorize the Mayor to execute, and staff to submit, a letter in opposition to the South Coast Air Quality Management District (SCAQMD) Governing Board to reconsider proposed Rules 1111 and 1121 and implement a more feasible and flexible approach to reducing Nitrogen Oxide emissions (NOx) that considered the unique challenges faced by the City of San Clemente. 10B. REVIEW AND DISCUSSION ABOUT PAST CONTRIBUTIONS TO THE MARINE UNIT SUPPORT BUDGET ITEM AND POTENTIAL INCREASE IN CURRENT AND FUTURE ALLOCATIONS (Agendized by Mayor Knoblock, with the support of Councilmember Loeffler and Councilmember Cabral at the March 4, 2025 City Council meeting.) Staff Recommendation Receive and file the Administrative Report dated March 18, 2025 with direction to the City Manager to: 1. Reimburse the owner of the Bella Collina golf course for the shortfall for the activity for the 2nd Battalion 1st Marines. 2. Initiate a supplemental budget appropriation in the amount of $7,500 to increase the allocation to the Marine Unit Support to $25,000 with further direction to work to identify alternative funding and if no funding is available, to use the increase in the allocation for Marine Unit Support, but in no case shall expenditures exceed the allocation without additional approval by the City Council. Page 5 of 10 City Council Regular Meeting Agenda March 18, 2025 Special Presentations A. WARWICK GROUP CONSULTANTS PROJECT UPDATE Presentation by Howard Marlowe, President and Dan Ginolfi, Senior Vice President, Warwick Group Consultants, concerning an update on funding for beach nourishment and related projects. 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 REGULAR MEETING MINUTES OF MARCH 4, 2025. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) PLANNING COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 19, 2025. (2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF MARCH 6, 2025. C. Warrant Register (1) APPROVE WIRE TRANSFER NOS. 3196 THROUGH 3203 AND WARRANT NOS. 602658 THROUGH 602821, PAID ON 2-21-25, IN THE AMOUNT OF $2,747,821.65 (2) APPROVE WARRANT NOS. 602822 THROUGH 602963, PAID ON 2-28-25, IN THE AMOUNT OF $4,009,262.79 (3) APPROVE WIRE TRANSFER NOS. 3204 THROUGH 3211 AND WARRANT NOS. 602964 THROUGH 603199, PAID ON 3-7-25, IN THE AMOUNT OF $3,071,256.31 TOTAL WARRANT REGISTER $9,828,340.75 Page 6 of 10 City Council Regular Meeting Agenda March 18, 2025 Payroll Register APPROVE WARRANT NOS. 969 THROUGH 971 AND AUTOMATIC DEPOSIT ADVISES 100947 THROUGH 101269, FOR THE PERIOD 2-3-25 THROUGH 2-16-25, PAID ON 2-21-25, IN THE AMOUNT OF $507,122.24 APPROVE WARRANT NOS. 972 THROUGH 973 AND AUTOMATIC DEPOSIT ADVISES 101270 THROUGH 101601, FOR THE PERIOD 2-17-25 THROUGH 3-2-25, PAID ON 3-7-25, IN THE AMOUNT OF $528,399.88 TOTAL PAYROLL REGISTER $1,035,522.12 11D. CONSIDERATION OF A RESOLUTION APPROVING THE 2024 GENERAL PLAN ANNUAL PROGRESS REPORT Staff Recommendation 1. Adopt Resolution No. 25-31 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE GENERAL PLAN 2024 ANNUAL PROGRESS REPORT. 2. Direct staff to submit the 2024 General Plan Annual Progress Report to the State of California as required by law. 11E. ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2025 Staff Recommendation Adopt Resolution No. 25-32 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, PURSUANT TO SECTION 39561 AND 39562 OF THE CALIFORNIA GOVERNMENT CODE DECLARING WEEDS, RUBBISH, REFUSE, AND DIRT UPON STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF. Page 7 of 10 City Council Regular Meeting Agenda March 18, 2025 11F. CONTRACT AWARD - AS-NEEDED GEOTECHNICAL PLAN REVIEW SERVICES Staff Recommendation Adopt Resolution No. 25-33, which will: 1. Award professional services agreements to LGC Geotechnical, Inc, GMU Geotechnical, Inc., and Verdantas, Inc. for on-call as-needed geotechnical plan check services. 2. Approve and authorize the City Manager to execute, Contract No. C25-13, by and between the City of San Clemente and LGC Geotechnical, Inc., providing for on-call as-needed geotechnical plan check services, for a term of three (3) years, in an amount not to exceed $80,000 annually, with two optional one-year extensions exercisable in the City Manager's discretion. 3. Approve and authorize the City Manager to execute, Contract No. C25-14, by and between the City of San Clemente and GMU Geotechnical, Inc., providing for on-call as-needed geotechnical plan check services, for a term of three (3) years, in an amount not to exceed $80,000 annually, with two optional one-year extensions exercisable in the City Manager's discretion. 4. Approve and authorize the City Manager to execute, Contract No. C25-15, by and between the City of San Clemente and Verdantas, Inc., providing for on-call as-needed geotechnical plan check services, for a term of three (3) years, in an amount not to exceed $30,000 annually, with two optional one-year extensions exercisable in the City Manager's discretion. 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 Page 8 of 10 City Council Regular Meeting Agenda March 18, 2025 15. Adjournment The next Regular City Council Meeting is scheduled to take place on April 1, 2025. Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. Page 9 of 10 City Council Regular Meeting Agenda March 18, 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