City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, April 1, 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 8 City Council Regular Meeting Agenda April 1, 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 - PENDING LITIGATION Pending litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1 Case Name: City of San Clemente, et al. v. Purdue Pharma L.P., et al., Case No. 1:19-op-45725-DAP transferred to MDL No. 2804 National Prescription Opiate Litigation B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding: APN: None Property: Potential lease of City Right-of-Way located between 242 Avenida Del Mar and 218 Avenida Del Mar City Negotiators: Brian Brower, Finance and Administrative Services Director, Samantha Wylie, Beaches, Parks and Recreation Director Negotiating Parties: Introduction Unlimited, Inc. Under Negotiations: Price and terms for potential lease BUSINESS MEETING (5:30 P.M.) CALL TO ORDER INVOCATION – Associate Pastor Jim Wilke, Calvary South OC PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations 2. Council Member Reports Page 2 of 8 City Council Regular Meeting Agenda April 1, 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. CONSIDERATION OF TENTATIVE PARCEL MAP (2018-137) FOR A THREE LOT RESIDENTIAL SUBDIVISION AT 143 N. LA ESPERANZA Public Hearing to consider approval of Tentative Parcel Map (TPM) 2018-137 for the subdivision of a single-family residential lot into three lots, located at 143 N. La Esperanza. Staff recommends that the project be found Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions). Staff and the Planning Commission Recommendation 1. Conduct a Public Hearing. 2. Adopt Resolution 25-34 entitled A RESOLUTION OF THE CITY COUNCIL Page 3 of 8 City Council Regular Meeting Agenda April 1, 2025 OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2018-137, ESPERANZA SUBDIVISION OF A SINGLE-FAMILY RESIDENTIAL LOT INTO THREE LOTS LOCATED AT 143 NORTH LA ESPERANZA. 9. Unfinished Business None. 10. New Business 10A. CONSIDERATION OF CITY COMMISSIONER AND COMMITTEE MEMBER TERM LIMITS Agendized by Mayor Pro Tem Enmeier, with the support of Councilmember Loeffler, at the March 18, 2025 City Council meeting. 10B. 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 1. Dissolve the Coastal Advisory Committee and Human Affairs Committee effective June 30, 2025 and direct the City Clerk to return to the April 15, 2025 City Council meeting with an agenda report to open recruitments to fill all vacancies on the City Commissions and Committees for terms to begin July 1, 2025. 2. Introduce (and conduct the first reading of) 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 8 City Council Regular Meeting Agenda April 1, 2025 10C. CONSIDERATION OF A RESOLUTION AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDING OF THE OUTSTANDING CITY OF SAN CLEMENTE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (MARBLEHEAD COASTAL) 2015 SPECIAL TAX BONDS, CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH Staff Recommendation Adopt Resolution No. 25-35 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDING OF THE OUTSTANDING CITY OF SAN CLEMENTE FACILITIES DISTRICT NO. 2006-1 (MARBLEHEAD COASTAL) 2015 SPECIAL TAX BONDS, CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. 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 18, 2025. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) COASTAL ADVISORY COMMITTEE REGULAR MEETING MINUTES OF JANUARY 16, 2025. (2) ARTS AND CULTURE REGULAR MEETING MINUTES OF JANUARY 27, 2025. (3) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF FEBRUARY 11, 2025. (4) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF FEBRUARY 25, 2025. (5) DESIGN REVIEW SUBCOMMITTEE SPECIAL MEETING MINUTES OF MARCH 12, 2025. Page 5 of 8 City Council Regular Meeting Agenda April 1, 2025 (6) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF MARCH 20, 2025. (7) ZONING ADMINISTRATOR SPECIAL MEETING MINUTES OF MARCH 24, 2025. C. Warrant Register (1) APPROVE WARRANT NOS. 603200 THROUGH 603412, PAID ON 3-14-25, IN THE AMOUNT OF $3,162,883.54 (2) APPROVE WIRE TRANSFER NOS. 3212 THROUGH 3217 AND WARRANT NOS. 603413 THROUGH 603539, PAID ON 3-21-25, IN THE AMOUNT OF $2,173,396.01 TOTAL WARRANT REGISTER $5,336,279.55 Payroll Register APPROVE WARRANT NO. 974 AND AUTOMATIC DEPOSIT ADVISES 101602 THROUGH 101934, FOR THE PERIOD 3-3-25 THROUGH 3-16-25, PAID ON 3-21-25, IN THE AMOUNT OF $522,642.67 TOTAL PAYROLL REGISTER $522,642.67 11D. CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2023-201, 501 ELENA LANE CONDOMINIUM SUBDIVISION Staff Recommendation Adopt Resolution No. 25-36, which will: 1. Approve the Final Parcel Map 2023-201 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map. 2. Accept on behalf of the City of San Clemente the sidewalk and pedestrian access easement as dedicated. 3. Accept on behalf of the City of San Clemente the water rights as dedicated. 4. Authorize and direct the Public Works Director/City Engineer to execute the Final Parcel Map. 5. Authorize and direct the City Clerk to execute and submit the Final Parcel Page 6 of 8 City Council Regular Meeting Agenda April 1, 2025 Map for recordation with the County of Orange Recorder’s Office. 11E. CONSIDERATION OF A RESOLUTION DECLARING SURPLUS AND APPROVING DISPOSITION OF RETIRED FLEET EQUIPMENT & VEHICLES Staff Recommendation Adopt Resolution No 25-37, which will: 1. Declare the vehicles and equipment listed on Attachment No.1, to the Administrative Report dated April 1, 2025, as surplus. 2. Authorize the disposition of surplus property using JJ Kane dba Ken Porter Auctions pursuant to Policy No. 201-2-4. 11F. CONSIDERATION OF A RESOLUTION AUTHORIZING INVESTMENT OF MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF) Staff Recommendation Adopt Resolution No. 25-38 entitled A RESOLUTION OF CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING INVESTMENT OF MONIES IN LOCAL AGENCY INVESTMENT FUND (LAIF) AND RESCINDING RESOLUTION NO. 12-21. 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 The next Regular City Council Meeting is scheduled to take place on April 15, 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 7 of 8 City Council Regular Meeting Agenda April 1, 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 8 of 8