CITY OF SAN CLEMENTE
City Council Minutes
Adjourned Regular Meeting - April 5, 2022
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor James on April 5, 2022 at 4:00 p.m. in the San Clemente Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.
PRESENT
ABSENT
DUNCAN,FERGUSON, KNOBLOCK,WARD, MAYORJAMES
NONE
STAFF PRESENT Erik Sund , City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Megan Jimenez, Deputy City Clerk
* * *
Long Term Financial Plan
A. FY 2021 -22 2nd Quarter Financial Update
Financial Services Officer Rahn presented the City's FY 2021-22 2nd quarter financial update and responded to Council inquiries.
B. Long Term Financial Plan Presentation
Financial Services Officer Rahn narrated a PowerPoint presentation entitled "Long Term Financial Plan 2022" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.
Brad Malamud offered suggestions to finance the pension liability.
City Financial Reporting Overview
MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, to table the creation of an endowment.
Financial Trend Analysis
None.
City Council Minutes - Adjourned Regular City Council Meeting of April 5, 2022 Page 2 Financial Forecast
Robin Sturdivant, of Hdl, narrated a PowerPoint for Council consideration on sales tax initiatives in sectors with the greatest growth potential. The areas indicated with the largest potential for growth were in the auto and transportation sector with an emphasis on electric vehicles and manufacturers and the food and drug sector with an emphasis on cannabis sales. A hard copy of Ms. Sturdivant's presentation is on file with the City Clerk
Mayor Pro Tern Duncan, with support of Councilmember Knoblock and Councilmember Ward, directed staff to return to Council with an overview on electric vehicle sales as it relates to economic development in the City, including possible sites, and clarification on whether or not the City would receive the sales tax revenue for those sites.
Mayor Pro Tern Duncan, with support of Councilmember Ward, agendized for discussion the data and interest of cannabis sales in the City.
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to:
1. Direct Staff to increase the annual Capital Improvement Project - Maintenance Project amount of $250,000 to $300,000, depending on the availability of General Fund operating position.
2. Utilize American Rescue Plan grants to fund $800,000 for public safety. This amount will fund portions of the Police Services Contract attributable to body cameras, the Orange County Fire Authority Contract for the additional cost of a 4th firefighter/paramedic and to fund a portion of the Community Outreach Worker position for the purpose of performing street outreach and case management to individuals and families who are experiencing homelessness within the City of San Clemente.
Reserve Analysis
MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:
1. Transfer an annual amount of $400,000 from the General Fund to the Facilities Maintenance reserve in FY 2022-23.
2. Transfer a one-time amount of $1.5 million from the Water Operating Reserve in FY 2022-23 to the Water Depreciation Reserve to fund future capital replacement in the Water Depreciation Reserve.
3. Transfer a one-time amount of $100,000 in FY 2022-23 to fund the Accrued Leave Reserve.
Fiscal Policy
None.
I
[
City Council M inutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 3 Pension Update
Councilmember Ferguson, with support of Councilmember Knoblock and Mayor James, agendized for consideration at the budget workshop, the possibility of utilizing the following strategies to fund the pension liability:
1. Excess property tax revenue.
2. 2/3 excess revenue of the parking meters.
3. 1 % of the annual budget funds.
4. Salary savings from vacant positions and evaluate staffing needs.
MOTION BY COUNCILMEMBER WARD, SECOND MY MAYOR PRO TEM
DUNCAN, CARRIED 4-1 (COUNCILMEMBER FERGUSON VOTING NOE), to:
1. Authorize staff to contract with Chandler Asset Management to update the existing City of San Clemente Pension Investment Policy (Policy# 202-2). This item will be agendized for City Council consideration at a future date.
2. Direct Staff to continue to pursue the creation of the Section 115 plan and to request funding for the trust when land sale proceeds become available or when one-time resources are available.
MEETING RECESSED
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD, CARRIED 5- 0, to recess at 5:51 p.m.
REGULAR BUSINESS MEETING CONVENED
The Regular Business Meeting convened at 6:07 p.m., with all Councilmembers present.
INVOCATION
Pastor Mark Ambrose with Pacific Coast Church gave the invocation.
PLEDGE OF ALLEGIANCE
Brenda Wells of the i-5 Freedom Network led the Pledge of Allegiance.
1. SPECIAL PRESENTATIONS
A. Update on Homeless Issue (March Update to be provided at the April 19, 2022 meeting)
Mayor James presented photos of encampments at San Clemente State Park and requested the City Manager and OCFA Chief Capobianco contact the City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 4
2. Director of State Parks and local state legislators to get the area cleared of hazards. A hard copy of Mayor James' photos are on file with the City Clerk.
ORAL COMMUNICATIONS (PART 1)
Redaction of Public Comments on the City's Website
Martina (no last name provided) communicated her concern about private information on the City's website.
Amanda Quintanilla communicated her concern about private information on the City's website.
Brad Malamud commented on his concern about private information on the City's website.
San Clemente Hospital
Warren Vidrine, San Clemente, commented on the need for a hospital in San Clemente.
Sober Living Homes
John Kiehl, San Clemente, discussed opportunities to improve how sober living homes are managed.
San Gorgonio Park
Ruth (no last name provided), San Clemente, presented a PowerPoint Slide on reservations at San Gorgonio Park and safety on Via San Gorgonio. A hard copy of the presentation is on file with the City Clerk.
Fire Risk in San Clemente
Mike (no last name provided). San Clemente, discussed the fire zones in San Clemente and the risks to the City.
Human Trafficking
Brenda Wells, Board Member, i-5 Freedom Network, commented on the action of the Public Safety Committee and human trafficking in San Clemente. l ..------------------
City Council Minutes - Adjourned Regular City Council Meeting of April 5, 2022 Page 5 Trolley Service
Mikii Rathman, San Clemente, commented on the potential of utilizing the fees collected from the outdoor dining program to fund a trolley line expansion in south San Clemente.
3. WAIVER TO READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.
4. CONSIDERATION OF AGENDIZING ITEMS REQUIRING IMMEDIATE ACTION None.
5. CLOSED SESSION REPORT - CITY ATTORNEY
None.
6. CONSENT CALENDAR
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to approve the Consent Calendar, with the removal of Items 6A, 6E, 6H, 61, 6K, 6L, 6M, 6N and 60.
B. Commission/Committee Minutes
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to receive and file the following:
(1) Minutes of the Regular Public Safety Committee meeting of August 24, 2021 .
(2) Minutes of the Regular Public Safety Committee meeting of September 28, 2021.
(3) Minutes of the Regular Public Safety Committee meeting of October 26, 2021 .
Motion continued on following page
------,
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 6 (4) Minutes of the Regular Public Safety Committee meeting of November 23, 2021
(5) Minutes of the Regular Public Safety Committee meeting of January 25, 2022.
C. Warrant Register
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:
Approve Wire Transfer Nos.
2617 through 2618 and Warrant Nos.
579568 through 579729, paid on
3-18-22, in the amount of ......................... ........ ...... .... .. ..... $1,387,045.01 Approve Wire Transfer Nos.
2619 through 2622 and Warrant Nos.
579730 through 579859, paid on
3-25-22, in the amount of .................................................. $1 ,071 ,766.05 Approve Wire Transfer Nos.
2623 through 2624 and Warrant Nos.
579860 through 580018, paid on
4-1-22, in the amount of ..... ............... ........ ...... .............. .. $ 1,100,199.22 TOTAL WARRANT REGISTER .. ......... .... $ 3,559,010.28 Payroll Register
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:
Approve Warrant No. 861 ,
Automatic Deposit Advises 77318
through 77566, for the period
3-7-22 through 3-20-22, paid
on 3-25-22, in the amount of .. ...... ...... ...... ........ .................. $ 418,574.59 TOTAL PAYROLL REGISTER ............... $ 418,574.59
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 7 D. Resolution Affirming the City's Position on the Storage of Spent Nuclear Fuel at San Onofre Nuclear Generating Station (SONGS) (Agendized at the March 1, 2022 City Council Meeting by Mayor Pro Tern Duncan, with the support of Mayor James and Councilmember Ward.)
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to adopt Resolution No. 22-11 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AFFIRMING THAT THE CITY OF SAN
CLEMENTE DOES NOT CONSENT TO THE STORAGE OF SPENT
NUCLEAR FUEL AT THE SAN ONOFRE NUCLEAR GENERATING
STATION OR IN THE CITY OF SAN CLEMENTE.
F. Notice of Completion - FY2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement Preservation Program
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:
1. Accept the FY 2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement Preservation Program, from the contractor, All American Asphalt, Project Nos. 20305, 21303, 12302 and 22304.
2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for FY 2020 Major Street Maintenance, FY 2021 Slurry Seal Program, FY 2022 Arterial Street Pavement Maintenance Program, and FY 2022 Pavement
Preservation Program.
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, All American Asphalt.
4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost.
G. Notice of Completion - Building "N" Repairs and Upgrades
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:
Motion continued on following page
---------------------------.....
City Council Minutes - Adjourned Regular City Council Meeting of April 5, 2022 Page 8
1. Accept the Building "N" Repairs and Upgrades from the contractor, Thomas Solar Energy, Project Nos. 21206 and 21406.
2. 3.
Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for Building "N" Repairs and Upgrades.
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, Thomas Solar Energy.
J. Contract Award - Ratification of Emergency Purchases and Contract for Cyprus Shores Pump Station Relocation
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:
1. Make a finding that an emergency continues to exist due to the potential failure of an existing sewer pump station and storm drain system and that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process.
2. Declare that the public interest and necessity demand the immediate expenditure of public funds to safeguard public health.
3. Approve a supplemental appropriation in the amount of $2,534,570 to Account No. 054-477-45300-000-12210 from the Sewer
Connection Fee Reserve for Cyprus Shore Pump Station Relocation, Project No. 12210.
4. Approve a supplemental appropriation in the amount of $40,000 to Account No. 059-553-45300-000-12004 from the Storm Drain Fund Depreciation Reserve for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004.
5. Ratify a Construction Contract with O'Connell Engineering and Construction, Inc. in the amount of $1 ,974,950 for Cyprus Shore Pump Station Relocation, Project No. 12210.
Motion continued on following page
r
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 9
6. Ratify a Change Order with O'Connell Engineering and Construction, Inc. on a time and materials basis for $59,000 for Cyprus Shore Storm Drain Emergency Relocation, Project No. 12004. (Contract No. 21-42).
7. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C21-43, by and between the City of San Clemente and AKM Consulting Engineers. This Amendment increases the contract amount from $98,464 to $175,622 (an increase of $77,158), and extends the term of the contract to January 31 , 2023.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
6A. City Council Minutes
Martina (no last name provided). commented that Mayor James and Mayor Pro Tern Duncan's names should be included in her comments in the Oral Communications section of the minutes from March 15, 2022.
MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, to approve the minutes of the Regular City Council meeting of March 15, 2022.
SUBSTITUE MOTION BY COUNCILMEMBER FERGUSON, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 4-1 (COUNCILMEMBER
WARD VOTING NOE), to amend the minutes of the Regular City Council Meeting of March 15, 2022 approve the minutes of the Regular City Council Meeting of March 15, 2022 as amended to include the following summarization of Martina's Oral Presentation:
Martina (no last name provided) narrated a PowerPoint displaying Mayor James wearing the Legion of Merit Medal, even though he allegedly claimed he had never worn the Legion of Merit Medal; voiced concern with Mayor Pro Tern Duncan apparently enabling Mayor James' behavior. A hard copy of the presentation is on file with the City Clerk.
6E. Contract Award - As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services
Following discussion, MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR JAMES, CARRIED 5-0, to:
1. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Motion continued on following page
City Council Minutes - Adjourned Regular City Council Meeting of April 5, 2022 Page 10 Contract No. C22-11 , by and between the City of San Clemente and PACE, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.
2. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-12, by and between the City of San Clemente and AKM Consulting Group, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.
3. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-13, by and between the City of San Clemente and Lee & Ro, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.
4. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-14, by and between the City of San Clemente and Dudek, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.
5. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to sign and execute, Contract No. C22-15, by and between the City of San Clemente and Hoch Consulting, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.
6. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-16, by and between the City of San Clemente and Project Partners, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.
Motion continued on following page
- --,
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 11
7. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-17, by and between the City of San Clemente and PDM Consulting, providing for As-Needed Municipal Utilities and Civil Engineering Design and Construction Support Services with the understanding that any future contract extensions are to be agendized for Council consideration.
8. Amend the term of the contract to three years, and approve, and authorize the Public Works Director/City Engineer to execute, AsNeeded Municipal Utilities and Civil Engineering Design and Construction Support Services task authorizations under the approved master agreements, not to exceed $300,000 total per fiscal year for each consultant agreement, and provided funds are available in prior City Council approved project budgets with the understanding that any future contract extensions are to be agendized for Council consideration.
H. Contract Award - Environmental On-Call Services - Hazardous Waste Response, Cleanup, Removal, and Disposal
Following discussion, MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR JAMES, CARRIED 5-0, to amend the term of the contract to three years, and approve, and authorize the City Manager to execute, Contract No. C22-18 by and between the City of San Clemente and Ocean Blue Environmental providing for On-Call Services for a three year period, for Hazardous Waste Response, Cleanup, Removal, and Disposal in the amount of $75,000, with the understanding that any future contract extensions are to be agendized for Council consideration.
I. Contract Amendment - Geotechnical Design Services Related to Slope Rehabilitation Adjacent to Linda Lane Pump Station
MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, CARRIED 5-0, to approve and authorize the City Manager to execute, Amendment No. 2 to Contract C20-61, by and between the City of San Clemente and Peter and Associates, providing for geotechnical services for Slope Rehabilitation adjacent to Linda Lane Pump Station. This Amendment increases the contract from $155,111 to an amount not to exceed $242,000 (an increase of $87,000) with the removal of a completion deadline.
City Council Minutes-Adjourned Regular City Council Meeting of April 5, 2022 Page 12 K. Contract Award - On-Call Communications, Graphic Design and Public Relations
Amanda Quintanilla expressed her concerns on the potential approval of the contracts.
MOTION BY COUNCILMEMBER WARD, SECOND MY MAYOR PRO TEM
DUNCAN, CARRIED 3-2 (COUNCILMEMBER FERGUSON AND
COUNCILMEMBER KNOBLOCK VOTING NOE), to:
1. Approve, and authorize the City Manager to execute, Contract No.
C22-19, by and between the City of San Clemente and MIG, Inc. providing for on-call communications, graphic design, and public relations services, in the amount of $49,000 and authorize the City Manager to approve one additional one-year term and additional expenditure of $49,000.
2. Approve, and authorize the City Manager to execute, Contract No.
C22-20, by and between the City of San Clemente and Tripepi Smith, providing for on-call communications, graphic design, and public relations services, in the amount of $75,000 and authorize the City Manager to approve one additional one-year term and additional expenditure of $75,000.
L. Contract Award -Transportation Advisory Services
Amanda Quintanilla urged Council to oppose the contract with Stan Oftelie.
MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR JAMES, to approve, and authorize the City Manager to execute, Contract No. C22-21 , by and between the City of San Clemente and Stan Oftelie, providing for Transportation Advisory Services in the amount of $60,000.
SUBSTITUTE MOTION BY COUNCILMEMBER FERGUSON, SECOND BY
COUNCILMEMBER KNOBLOCK, FAILED 2-3 (COUNCILMEMBER
WARD, MAYOR JAMES AND MAYOR PRO TEM DUNCAN VOTING NOE), to table the Item until there is more specificity in the contract scope of services during the budget cycle.
Motion continued on following page (
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 13 THE ORIGINAL MOTION WAS VOTED ON AND CARRIED 3-2
(COUNCILMEMBER FERGUSON AND COUNCILMEMBER KNOBLOCK
VOTING NOE), with the direction that this contract is included as part of the quarterly legislative update presented to Council. For ease of reference, the action taken was as follows:
Approve, and authorize the City Manager to execute, Contract No.
C22-21, by and between the City of San Clemente and Stan Oftelie, providing for Transportation Advisory Services in the amount of $60,000.
M. Letters of Support for Legislative Activities
Amanda Quintanilla voiced concerns regarding AB 1909 and the restrictions within the legislation.
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD,
CARRIED 5-0, to:
1. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of AB 1946 (Boerner Horvath) - Electric bicycles: safety and training program.
2. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of AB 2177 (Irwin) - Coastal recreation: designated state surfing reserves.
3. Approve, and authorize the Mayor to execute, a letter on behalf of the City of San Clemente in support of ACR 116 (Nguyen) - California Surfing Day.
Following discussion, Council did not take action on staff recommendation No. 1 regarding AB 1909 (Friedman) - Vehicles: bicycle omnibus bill. Rather, it was requested Marc Aprea, legislative advocate, provide updates to Council on AB 1909 as they become available.
City Council Minutes-Adjourned Regular City Council Meeting of April 5, 2022 Page 14 N. Acceptance of Sensory Panel Donation for Courtney's Sandcastle Playground and Approval of Tile Mural Installation in Sensory Garden from Courtney's Sandcastle Foundation
Note: this item was originally voted on with the approval of the balance of the consent calendar.
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED 5-0, to reconsider the item.
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
KNOBLOCK, to accept a donation of four sensory panels for the playground and utilize the $1 ,500 donation for maintenance instead of the mural.
SUBSTITUTE MOTION BY COUNCILMEMBER WARD, SECOND BY
MAYOR PRO TEM DUNCAN, FAILED 2-3 (COUNCILMEMBER
FERGUSON, COUNCILMEMBER KNOBLOCK AND MAYOR JAMES
VOTING NOE), to approve the installation of a tile mural in Courtney's Sandcastle Playground Sensory Garden and accept a donation of four sensory panels for the playground.
A SUBSEQUENT SUBSTITUTE MOTION BY COUNCILMEMBER
FERGUSON, SECOND BY MAYOR JAMES, CARRIED 4-1
(COUNCILMEMBER WARD VOTING NOE) to accept a donation of four sensory panels for the playground and table the $1,500 donation for a mural to allow Courtney's Sandcastle to have the opportunity to opine on the potential use of the $1,500 for maintenance.
0 . Public Mural at End of Pier Concession Facility
Mikii Rathmann, PierPride Board Member, spoke in support of the mural.
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED, 5-0, to approve the installation and design of two public art murals on the end of the pier concession building.
7. PUBLIC HEARINGS
None.
8. UNFINISHED BUSINESS
None.
[
[
City Council Minutes-Adjourned Regular City Council Meeting of April 5, 2022 Page 15
9. NEW BUSINESS
A. West Coast Arborist Performance Evaluation Agendized at the February 15, 2022 City Council Meeting by Mayor James, with support of Mayor Pro Tern Duncan and Councilmember Ward.
Report from the Public Works Director/City Engineer providing an update on West Coast Arborist.
Public Works Director/City Engineer Koger reviewed the contents of the Administrative Report and responded to Council inquiries.
MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 5-0, to receive and file the Administrative Report, dated April 5, 2022, and on file with the City Clerk.
B. Code Amendment - Solid Waste Management
Report from the Utilities Director concerning the possibility of adopting an Ordinance to amend the Code of the City of San Clemente relating to Solid Waste Reduction and Recycling.
Utilities Director Rebensdorf and Environmental Services Coordinator McIntosh reviewed the contents of the Administrative Report and responded to Council inquiries.
MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, CARRIED 5-0, to introduce Ordinance No. 1728 entitled AN
ORDINANCE OF THE CITY COUNCIL OF CITY OF SAN CLEMENTE,
CALIFORNIA AMENDING CHAPTER 8.28 OF TITLE 8 OF THE SAN
CLEMENTE MUNICIPAL CODE RELATING TO SOLID WASTE
MANAGEMENT AND REPEALING CHAPTER 8.68 OF TITLE 8 OF THE
SAN CLEMENTE MUNICIPAL CODE RELATING TO SOLID WASTE
REDUCTION AND RECYCLING, with the modification to Section 8.28.210 Violations, Item C, to read as follows:
C. Penalty Amounts for types of violations beginning May 1, 2023 shall be as follows:
1. For a first violation, the amount of the penalty shall be $50 per violation.
2. For a second violation, the amount of the penalty shall be $75 per violation.
3. For a third or subsequent violation, the amount of the penalty shall be $100 per violation.
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 16 C. Code Amendment - Minimum Staffing for Fire Emergency Response Vehicles Agendized at the January 18, 2022 City Council Meeting by Mayor Pro Tern Duncan, with support of Mayor James and Councilmember Ward.
Report from the City Manager concerning the possibility of adopting an Ordinance to amend the Code of the City of San Clemente relating to minimum staffing for fire emergency response.
City Manager Sund reviewed the contents of the Administrative Report, along with Chief Capobianco, responded to Council Inquiries.
MOTION BY MAYOR PRO TEM DUNCAN, SECOND BY
COUNCILMEMBER WARD, CARRIED 4-1 (COUNCILMEMBER
FERGUSON VOTING NOE), to:
1. Find that the Ordinance is not subject to the requirements of CEQA for the following reasons:
a. The Ordinance does not qualify as a "project" under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the
environment; and
b. The Ordinance is exempt under State CEQA Guidelines
Section 15061 (b)(3), the general rule exemption, because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.
2. Introduce Ordinance No. 1729 entitled AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
ADDING CHAPTER 8.14 TO THE SAN CLEMENTE MUNICIPAL
CODE REGARDING MINIMUM STAFFING FOR FIRE
EMERGENCY RESPONSE VEHICLES AND FINDING THE
ORDINANCE NOT SUBJECT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
D. Memorial Donation - Don Hansen Agendized at the March 1, 2022 City Council Meeting by Mayor James, with support of Councilmember Ferguson and Councilmember Ward.
Report from Beaches, Parks, and Recreation Director concerning the placement of a memorial at the Pier.
Beaches, Parks, and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council Inquiries. f
l
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 17
MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY
COUNCILMEMBER FERGUSON, CARRIED 4-1 (COUNCILMEMBER
WARD VOTING NOE), to approve a bench installation at the San Clemente Municipal Pier in honor of Don Hansen and a onetime supplemental appropriation in the amount of $2,500 to Beach Maintenance of Other Facilities Account No. 001-636-43470 with the Hansen Family having the option to decide on either a bench or a memorial pier rail cuff interpretive sign in memory of Don Hansen.
E. Memorial Bench Donation - Jim Dahl Agendized at the March 15, 2022 City Council Meeting by Mayor James, with support of Mayor Pro Tern Duncan, Councilmember Knoblock and Councilmember Ward.
Report from Beaches, Parks, and Recreation Director concerning the placement of a memorial at the Municipal Golf Course.
Beaches, Parks, and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council Inquiries.
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
FERGUSON, CARRIED 5-0, to approve a bench installation at the San Clemente Municipal Golf Course in honor of former Mayor and Councilmember Jim Dahl and a onetime supplemental appropriation in the amount of $2,500 to WB/C.A.R.E Program Account No. 001-000-21563.
F. Resolution Supporting an End to the Covid-19 State of Emergency and Calling upon the California Legislature to Revoke the Governor's Emergency Powers Agendized at the March 15, 2022 City Council Meeting by Mayor James, with support of Councilmember Knoblock.
MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, CARRIED 3-2 (COUNCILMEMBER WARD AND MAYOR PRO
TEM DUNCAN VOTING NOE), to adopt Resolution No. 22-12 entitled A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, SUPPORTING AN END TO THE COVID-19
STATE OF EMERGENCY AND CALLING UPON THE CALIFORNIA
LEGISLATURE TO REVOKE THE GOVERNOR'S EMERGENCY
POWERS.
10. ORAL COMMUNICATIONS (PART 2)
None.
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 18
11. Reports
A. Commissions and Committees
B.
None.
City Manager
Aquatics Hiring Event
City Manager Sund presented a flyer for the upcoming Aquatics Hiring Fair on April 23, 2022. A copy of the flyer is on file with the City Clerk.
Announcement of Contracts Approved and Executed by the City Manager
City Manager Sund reported that he executed the following professional services contracts under his signature authority: 1) MSW Consultants - Solid Waste Procurement Assistance in the amount of $25,000; 2) Confidence Consulting - Strategic Priorities Workshop and Planning Facilitation in the amount of $10,000.
Update on the Beach Trail Bridges
City Manager Sund and Public Works Director/ City Engineer Koger provided an update to Council on the condition and evaluation of the Montalvo, Riviera and T-Street Bridges. Future maintenance requirements will be provided in the Capital Improvement Projects budget.
C. City Attorney
None.
D. Council Members
Presentation of the City's Maintenance System
Mayor James, with support of Councilmember Ward and Mayor Pro Tern Duncan, requested a presentation by staff on the City's maintenance tracking software and schedule.
Rail Project
Mayor Pro Tern Duncan, with support of Councilmember Knoblock, requested staff contact Orange County Transportation Authority to provide an update to Council in their briefings as well as providing a presentation at f
l
City Council Minutes -Adjourned Regular City Council Meeting of April 5, 2022 Page 19 E.
a future Council meeting regarding the double tracking project in Dana Point (Serra Siding). Additionally to investigate the potential for City representation with San Diego Association of Governments (SANDAG).
City Manager Executed Contract
Councilmember Ferguson requested details regarding a City Manager executed contract for a personnel investigation.
Re-zoning of the Hospital Site
Councilmember Ferguson proposed that a discussion of the potential rezoning of the hospital site for a potential project be agendized for the April 19, 2022 City Council Meeting.
Meeting Behavior
Councilmember Ward expressed her concerns over comments made during the meeting by other members of Council.
Redaction of Personal Information on the City's Website MOTION BY COUNCILMEMBER KNOBLOCK to agendize discussion of redactions of personal information on the City's website and if the City hears from the member of the public who indicated there will be legal action there may be a closed session scheduled.
MOTION DIED FOR LACK OF A SECOND.
SUBSTITUTE MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 5-0, to discuss the redactions of personal information on the website at the April 19, 2022 Regular City Council meeting in Closed Session and in the Regular Business meeting. Council agreed that the item would be for discussion and that an administrative report was not needed.
Council Subcommittee Updates
None.
City Council Minutes - Adjourned Regular City Council Meeting of April 5, 2022 Page 20
12. Resolutions/Ordinances.
A. Ordinance No. 1727 (Second Reading) - Zoning Amendment for Temporary Outdoor Dining and Parklets
Amanda (no last name provided) commented her concerns with regard to outdoor dining and the loss of parking spaces.
MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO TEM DUNCAN,
CARRIED 3-2 (COUNCILMEMBER FERGUSON AND COUNCILMEMBER
WARD VOTING NOE), to adopt Ordinance No. 1727 entitled AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF THE
SAN CLEMENTE MUNICIPAL CODE, REGULATING TEMPORARY
PARKLET DINING, WHICH ESTABLISHES STANDARDS FOR
OUTDOOR DINING AREAS AND SUNSETS ON DECEMBER 31, 2023.
13. Adjournment
MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to adjourn at 9:08 p.m. to an Adjourned Regular Meeting to be held on April 12, 2022 at 4:00 p.m. for the purpose of conducting the Strategic Priorities Workshop. The meeting will take place at the Bella Collina Golf Club, located at 200 Avenida La Pata, San Clemente.
TY CLERK of the City of
San Clemente, California
[
[