City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, April 15, 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 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 11 City Council Regular Meeting Agenda April 15, 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 - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1 (Agendized by Councilmember Cabral, with the support of Councilmember Loeffler, at the April 1, 2025 City Council meeting.) 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 (Farmers Market) City Negotiators: Andy Hall, City Manager and Samantha Wylie, Beaches, Parks and Recreation Director Negotiating Parties: Introduction Unlimited, Inc. Under Negotiations: Price and terms for potential lease for the Farmers Market BUSINESS MEETING (5:30 P.M.) CALL TO ORDER INVOCATION – Ryder Steimle, San Clemente Stake Interfaith Specialist, Church of Jesus Christ of Latter-Day Saints PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations A. Presentation of Commendation - John Kiger Presentation of Commendation to John Kiger for his bravery and heroism in identifying the alleged suspect involved in the stabbing of an Orange County Sheriff Deputy at North Beach. Page 2 of 11 City Council Regular Meeting Agenda April 15, 2025 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. 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. 3. Motion waiving reading in full of all Resolutions and Ordinances 4. 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. 5. Closed Session Report - City Attorney 6. Staff Communications 7. 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. 7A. PUBLIC HEARING ON 2025 WEED ABATEMENT - 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 Public Hearing to consider all objections or protests, if any, to the proposed abatement of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways and private property within the City of San Clemente. Staff Recommendation Adopt Resolution No. 25-39 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ORDERING Page 3 of 11 City Council Regular Meeting Agenda April 15, 2025 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). 8. Unfinished Business 8A. OFFSHORE SAND SOURCE INVESTIGATION PROJECT STATUS UPDATE Staff Recommendation Receive and file the Administrative Report dated April 15, 2025, and on file with the City Clerk. 9. New Business 9A. CONSIDERATION OF A RESOLUTION ACCEPTING A $25,000 DONATION FROM PIERPRIDE FOUNDATION FOR THE REPLACEMENT AND PURCHASE OF THE HOLIDAY TREE AT THE END OF THE PIER Staff Recommendation 1. Adopt Resolution No. 25-40 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ACCEPTING A DONATION OF $25,000 FROM THE PIERPRIDE FOUNDATION FOR THE PURCHASE OF A REPLACEMENT ARTIFICIAL HOLIDAY TREE FOR THE END OF THE PIER. 2. Approve the allocation of funds for the purchase of the tree as outlined in the Administrative Report, dated April 15, 2025. Page 4 of 11 City Council Regular Meeting Agenda April 15, 2025 9B. DISCUSSION ABOUT CITY COUNCILMEMBER PARTICIPATION AT CITY EVENTS AND A POSSIBLE AMENDMENT TO CITY POLICY NO. 1201-11 TO DEFINE PROPER SPEAKING ETIQUETTE AT AND/OR ATTENDANCE AT CERTAIN CITY EVENTS AND MEETINGS OF LEGISLATIVE BODIES (Agendized by Councilmember Cabral, with the support of Councilmember Wu and Mayor Knoblock, at the April 1, 2025 City Council Meeting.) Staff Recommendation Discuss whether the City Council desires to amend City Policy No. 1201-11 to define certain etiquette rules, like expressly allowing or prohibiting City Councilmembers from speaking at and/or attending certain City events and meetings of legislative bodies. 9C. CONSIDERATION OF RE-RATIFICATION OF RESOLUTION NO. 24-12 ENTITLED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING A STATEMENT OF INTENT FOR EACH COUNCILMEMBER TO ACT IN THE BEST INTERESTS OF THE ENTIRE CITY FOLLOWING THE IMPLEMENTATION OF COUNCIL ELECTION DISTRICTS (Agendized by Councilmember Wu, with the support of Mayor Pro Tem Enmeier, at the April 1, 2025 City Council Meeting.) 9D. SCHEDULING OF A MEETING TO INTERVIEW AND APPOINT INDIVIDUALS TO SERVE ON VARIOUS CITY COMMISSIONS AND COMMITTEES AND RELATED DIRECTION Staff Recommendation 1. Authorize and direct the City Clerk to advertise to fill 14 total vacancies on the Arts and Culture Committee, Beaches, Parks and Recreation Commission, Community Safety and Welfare Committee, Golf Course Committee, Investment Advisory Committee and Planning Commission for two-year terms to expire June 30, 2027. 2. Establish a meeting date in June 2025 to interview and appoint individuals to fill the upcoming vacancies. Page 5 of 11 City Council Regular Meeting Agenda April 15, 2025 9E. FISCAL YEAR 2024-2025 SECOND QUARTER REPORT AND MID-YEAR BUDGET ADJUSTMENTS Staff Recommendation 1. Adopt Resolution 25-41 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING AND APPROVING THE MID YEAR ADJUSTMENTS TO THE CITY OF SAN CLEMENTE MUNICIPAL BUDGET FOR FISCAL YEARS 2024-25. 2. Receive and file the FY 2024-25 2nd Quarter Report. 9F. CONSIDERATION OF A RESOLUTION APPROVING CLASSIFICATION CHANGES SUPPORTING DEPARTMENTAL REORGANIZATION AND OTHER VARIOUS CHANGES FOR ORGANIZATIONAL EFFECTIVENESS AND A REVISED SALARY SCHEDULE Staff Recommendation 1. Make an oral report summarizing the recommendations for the final action on the salaries, salary schedules and compensation paid in the form of fringe benefits of local agency executives, specifically that Resolution No. 25-42, if approved, will: a. Regrade the Community Development Director with a salary range of $196,497.60 to $238,846.40 and benefits of a $350 monthly auto allowance and an annual $6,500 deferred compensation contribution. b. Reclassify the position of Administrative Services Director to a Chief Administrative Officer position with a salary range of $216,632.00 to $263,328.00 and benefits of a $350 monthly auto allowance and an annual $6,500 deferred compensation contribution. 2. After hearing such oral report, adopt Resolution No. 25-42 to approve the reorganization and classification changes and approve the revised salary schedule. Page 6 of 11 City Council Regular Meeting Agenda April 15, 2025 10. 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 APRIL 1, 2025. (2) APPROVE THE SUCCESSOR AGENCY TO THE SAN CLEMENTE REDEVELOPMENT AGENCY SPECIAL MEETING MINUTES OF APRIL 1, 2025. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) DESIGN REVIEW SUBCOMMITTEE SPECIAL MEETING MINUTES OF MARCH 26, 2025. (2) PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 2, 2025. C. Warrant Register (1) APPROVE WARRANT NOS. 603540 THROUGH 603665, PAID ON 3-28-25, IN THE AMOUNT OF $965,207.13 (2) APPROVE WIRE TRANSFER NOS. 3218 THROUGH 3225 AND WARRANT NOS. 603666 THROUGH 603879, PAID ON 4-4-25, IN THE AMOUNT OF $1,705,619.73 TOTAL WARRANT REGISTER $2,670,826.86 Payroll Register APPROVE WARRANT NOS. 975 THROUGH 977 AND AUTOMATIC DEPOSIT ADVISES 101935 THROUGH 102285, FOR THE PERIOD 3-17-25 THROUGH 3-30-25, PAID ON 4-4-25, IN THE AMOUNT OF $544,663.76 TOTAL PAYROLL REGISTER $544,663.76 Page 7 of 11 City Council Regular Meeting Agenda April 15, 2025 10D. ADOPT ORDINANCE NO. 1789 (SECOND READING) - 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 Adopt 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. 10E. NOTICE OF COMPLETION - WATER RECLAMATION PLANT (WRP) SPLITTER BOX REHABILITATION Staff Recommendation Adopt Resolution No. 25-43, which will: 1. Accept the WRP Splitter Box Rehabilitation, Project No. 14206, from the contractor, Jennette Company, Inc. 2. Authorize the City Clerk to execute and record the Notice of Completion for the completed WRP Splitter Box Rehabilitation. 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, Jennette Company, 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. Page 8 of 11 City Council Regular Meeting Agenda April 15, 2025 10F. CONTRACT AWARD - POCHE BEACH WATER RECLAMATION PROJECT DIVERSION DESIGN PROJECT AND APPROVING RELATED APPROPRIATIONS Staff Recommendation Adopt Resolution No. 25-44, which will: 1. Award a Professional Consultant Services Agreement to BKF Engineers for the design of a dry-weather urban runoff diversion as part of the Poche Beach Water Reclamation Project. 2. Approve, and authorize the City Manager to execute, Contract No. C25-17, by and between the City of San Clemente and BKF Engineers, providing for the Poche Beach Water Reclamation Project Diversion Design Project, in an amount not to exceed $279,440. 3. Authorize an appropriation of $250,000 from an Orange County Transportation Authority (OCTA) Environmental Cleanup Program Grant to Account No. 057-543-45300-000-16006. 4. Approve a transfer of $57,000 from Account No. 057-541-43890 (Clean Ocean Program Stormwater Compliance - Other Contractual Services) to Account No. 057-543-45300-000-16006. 10G. CONSIDERATION OF APPROVING GRANT APPLICATIONS FOR THE LAND AND WATER CONSERVATION FUND FOR THE VISTA HERMOSA SPORTS PARK MEADOWS PROJECT AND THE RALPHS SKATE COURT SKATE PARK EXPANSION PROJECT Staff Recommendation 1. Adopt Resolution No. 25-45, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE GRANT APPLICATION FOR THE LAND AND WATER CONSERVATION FUND VISTA HERMOSA SPORTS PARK MEADOWS DEVELOPMENT PROJECT. 2. Adopt Resolution No. 25-46, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE GRANT APPLICATION FOR THE LAND AND WATER CONSERVATION FUND SKATE COURT EXPANSION PROJECT. Page 9 of 11 City Council Regular Meeting Agenda April 15, 2025 10H. CONSIDERATION OF SUBMITTING A LETTER OF OPPOSITION TO THE CALIFORNIA LEGISLATURE REGARDING ASSEMBLY BILL 820 (PELLERIN) - A BILL TO ADD SECTION 50206 TO THE CALIFORNIA HEALTH AND SAFETY CODE RELATING TO HOMELESSNESS TRANSPORT Staff Recommendation Approve, and authorize the Mayor to execute, and staff to submit a letter, in opposition to Assembly Bill 820 (Pellerin) to the State Legislature. 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. 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. 12. Future Agenda Items 13. Reports A. Council Member Reports B. City Attorney C. City Manager 14. Adjournment The next Regular City Council Meeting is scheduled to take place on May 6, 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 10 of 11 City Council Regular Meeting Agenda April 15, 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 11 of 11