P1. Other Identifier:
P2. Location: a. County Orange
and (P2b and P2C or P2d. Attach a Location Map as necessary.) b. USGS 7.5’ Quad Date T ; R ; 1/4 of 1/4 of Sec ; B.M. c. Address 217 Esplanade City San Clemente Zip 92672
d. UTM: Zone ; mE/ mN
Not for Publication Unrestricted
e. Other Locational Data: Assessor Parcel Number: 692-242-02 P3a. Description:
The property contains a two-story single family residence with an L-shaped plan and wood-frame construction. Designed in the Spanish Colonial Revival style, it has low-pitched hip and shed roofs clad with clay tiles and exposed rafter tails. The exterior walls are clad with smooth stucco. Spanish Colonial Revival details include wood balustrades, wood porch supports, an upper level balcony, and a stucco chimney. The fenestration consists of original wood casement windows throughout the residence. The primary elevation is largely obscured from view by a tall stucco-clad garden wall. The wall encloses a front courtyard and features a rectangular door opening sheltered beneath a projecting clay tile hood. The residence is in good condition. Its integrity is good.
P3b. Resources Attributes: 02 Single Family Property
P4. Resources Present: Building Structure Object Site District Element of District Other P11. Report Citation: None.
Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record District Record
Photograph Record Other:
DPR 523A (1/95) HRG
P5b. Description of Photo:
West elevation, east view. May
2006.
P6. Date Constructed/Sources:
1927 (E) Tax Assessor
Historic
Prehistoric
Both
P7. Owner and Address:
Pike, Nelson Craft
217 Esplanade
P8. Recorded by:
Historic Resources Group, 1728
Whitley Avenue, Hollywood, CA
90028
P9. Date Recorded: 9/19/2006
P10. Survey Type:
City of San Clemente Historic
Resources Survey Update
Sketch Map
Archaeological Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record
784
State of California -- The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
BUILDING, STRUCTURE, AND OBJECT RECORD
Primary #
HRI#
Resource Name or #: 217 ESPLANADE
B1. Historic Name: (Unknown)
B2. Common Name: (Unknown)
B3. Original Use: Single-family residence B4. Present Use: Single-family residence B5. Architectural Style: Spanish Colonial Revival
B6. Construction History:
B7. Moved? No Yes Unknown Date: Original Location:
B8. Related Features:
B9a. Architect: (Unknown) b. Builder: (Unknown)
B10. Significance: Theme Ole Hanson/Spanish Village by the Sea Area City of San Clemente Period of Significance 1925-1936 Property Type Residential Applicable Criteria A This two-story single family residence was built in 1927. This property is a typical example of the Spanish Colonial Revival style as represented in San Clemente. This property appears eligible as a contributor to a potential National Register district under Criterion A for its association with the Ole Hanson/Spanish Village by the Sea period of development. It also appears eligible at the local level as a contributor to a potential historic district. It is recommended for retention on the Historic Structures List.
B11. Additional Resource Attributes: : 02 Single Family Property B12. References: Orange County Tax Assessor Records; Historic Resources Survey, Leslie Heumann and Associates, 1995.
B13. Remarks: (none)
B14. Evaluator: Historic Resources Group, Hollywood, CA Date of Evaluation: 9/19/2006
(This space reserved for official comments.)
DPR 523B (1/95) HRG
785
Page of Resource Name or #:
Recorded by: Historic Resources Group Date:
State of California -- The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
3 3 217 ESPLANADE
9/19/2006
Photographs of the Subject Property, Continued:
786
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Design Review Subcommittee Regular Meeting Minutes October 26, 2022 Page 1
CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING OF THE
DESIGN REVIEW SUBCOMMITTEE
OCTOBER 26, 2022
Subcommittee Members Present: Chair Steven Camp, Bart Crandell, Cameron Cosgrove
Subcommittee Members Absent: None
Staff Present: Adam Atamian, Deputy Community Development Director Sara Toma, Senior Planner, David Carrillo, Assistant Planner
1. MINUTES
The Subcommittee decided that, due to not having a quorum to approve the minutes, they will vote to approve the October 12, 2022 minutes at the next DRSC meeting of November 9, 2022.
2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:
A. HPPA 22-297, 212 Rosa Mills Act Agreement, 212 Avenida Rosa (Carrillo) A request for a Mills Act agreement between the City and the owners of a historic private residence at 212 Avenida Rosa.
David Carrillo, Assistant Planner, summarized the staff report and shared the subject property owner’s request to add language to item #8 from the work list, to only require roof work recommended from inspection findings.
Chair Camp opened the item for public comments. Larry Culbertson of the San Clemente Historical Society generally spoke in favor of the application.
The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
Agreed with the work list and supported the property owner’s request to modify item #8, to only require roof work recommended from inspection findings. Commended staff on the staff report’s format, and encouraged staff to continue using the format for future projects.
The Subcommittee supported moving the application forward to the City Council for consideration.
B. HPPA 22-338, 217 Esplanade Mills Act Agreement, 217 Esplanade (Carrillo) A request to for a Mills Act agreement between the City and the owners of a historic private residence at 217 Esplanade.
800
Design Review Subcommittee Regular Meeting Minutes October 26, 2022 Page 2 David Carrillo, Assistant Planner, summarized the staff report. The property owner, Christian Wach, was also present.
Chair Camp opened the item for public comments. Christian Wach, property owner, provided additional information on the property’s history and expressed support of the work list. Mr. Wach requested completing item #3 related to drainage in 2024, instead of in 2023.
The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
Agreed with the work list and supported the property owner’s request to complete item #3 related to drainage in 2024, instead of in 2023.
The Subcommittee supported moving the application forward to the City Council for consideration.
C. Ordinance Update: Urban Lot Split and Two-Unit Project (SB 9) (Toma) A request to review the revised draft Amendment to Chapter 16.50 and Chapter 17.86 of the San Clemente Municipal Code to establish objective design standards, development and subdivision standards regulating urban lot spits and two-unit housing projects in accordance with California Senate Bill 9 (SB9).
Sara Toma, Senior Planner, summarized the staff report.
Chair Camp opened the item for public comments. Staff stated no public comments were received.
The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
Staff provided a short oral presentation detailing the changes to the Zoning Code for Chapter 16.50 and Chapter 17.86. The changes to the Ordinance reflect the subcommittee’s recommendation from the September 28, 2022 meeting.
Section G. (Architecture), Walkway, modify the section to include the following “a walkway/pedestrian pathway shall be provided to access front doors to all units.”
Revise section F to removed 30 feet requirement, and rely on the underlining setback of the zone.
Remove section E, direct line of site, the issue is being addressed in Item F. Section H, pedestrian access is a matter of safety, and shared drive way can cause issues for pedestrian access.
801
Design Review Subcommittee Regular Meeting Minutes October 26, 2022 Page 3 Refuse storage areas, will need to provide each unit a designated area. Design standards; include language for exterior staircase to be located interior of the structure and away from public view.
The Subcommittee was in support of staff changes and moved it to the Planning Commission.
3. NEW BUSINESS
None
4. OLD BUSINESS
None
5. ORAL AND WRITTEN COMMUNICATION
None
ADJOURNMENT
Adjourned to the November 9, 2022 DRSC meeting at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.
Respectfully submitted,
_______________________________
M. Steve Camp, Chair
Attest:
_______________________________
Deputy Community Development Director Adam Atamian
802
AGENDA ITEM: 2-B
-
Cultural Heritage Subcommittee (CHSC)
Meeting Date: October 26, 2022
PLANNER: David Carrillo, Assistant Planner
SUBJECT: Historic Property Preservation Agreement (HPPA) 22-338, 217 Esplanade HPPA, a request for a Mills Act agreement between the City and the owners of a historic private residence at 217 Esplanade.
BACKGROUND:
Site Data
The site is a 10,500 square-foot lot and was developed in 1927 with a two-story, singlefamily residence. An attached one-car garage was constructed sometime between 1938 and 1942. Refer to Attachment 7 for the site’s permit history. For information on the historical significance of the property, please refer to the 2006 State Department of Parks and Recreation (DPR) Survey Form, provided as Attachment 1. The site is in the Residential Low Zoning District and Coastal Zone Overlay Zone (RL-CZ). Refer to Attachment 2 for a location map.
Mills Act
Enacted in 1972, the Mills Act legislation grants participating local governments the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief.
In San Clemente, a “qualified” property is any property on the City’s designated list of historic structures. See Attachment 3 for additional Mills Act details. Mills Act participants may realize substantial property tax savings of between 40% and 70% each year. The estimated annual tax savings for the subject property would be $26,188 per the Orange County Assessor’s office. The contract carries a minimum ten-year commitment. Either party may choose to end the automatic annual renewal of the contract; however, there is a significant financial penalty to the property owner if the City cancels the contract due to noncompliance with the terms.
Why is DRSC Review Required?
The Design Review Subcommittee (DRSC) serves as the Cultural Heritage Subcommittee (CHSC) for review of Historic Property Preservation Agreements. The Subcommittee shall consider the proposed list of improvements, may make recommendations for amendments to said list, and shall make a recommendation to the City Council regarding approval or denial of the Agreement together with the proposed list of improvements. 803
HPPA 22-338, 217 Esplanade Page 2
ANALYSIS:
Site Visit & Proposed Work List
Planning staff and the City’s historic preservation consultant, GPA Consulting (GPA), conducted a site visit of the property on September 23, 2022. The purpose of the site visit was to evaluate the condition of the historic resource and determine if any improvements are necessary to preserve the historic resource. Based on the site visit, staff and GPA developed a list of prioritized work, provided as Attachment 4, for the rehabilitation and maintenance of the property. Staff recommends requiring these improvements as conditions of the HPPA to help protect, preserve, and enhance the historic resource. The list is ordered by priority level of the restoration task. The proposed completion dates attempt to divide the work by related tasks and are separated to spread out the expenses over the preliminary ten years of the contract timeline. An annotated version of the work list is provided as Attachment 5.
Please note that the approval of the HPPA does not constitute a permit for individual work list items. The property owner would need to apply for the appropriate permits at the time that work is proposed. For instance, a window change out will require a Staff Waiver of a Minor Cultural Heritage Permit. The property owner would need to provide relevant information on the proposed style of window replacement, consistent with the HPPA requirements, at that time. Attachment 6 details the Secretary of the Interior’s Standards for the Rehabilitation of Historic Properties. These guidelines are incorporated into the HPPA contract, and all future repairs and improvements – whether delineated in this work list or otherwise – must be consistent with these guidelines.
RECOMMENDATION
The recommended rehabilitation and maintenance tasks will restore the historic house and be architecturally compatible with the existing development. Staff seeks DRSC concurrence with the recommended work list and timeline (Attachment 4) for the subject property.
Following DRSC review, staff will schedule the HPPA for a City Council hearing in December. It is staff’s goal to have the contract recorded prior to December 31, 2022 so the County can assess the property in 2023 based on the Mills Act restricted valuation of the property.
Attachments:
1. 2006 DPR Survey Form
2. Location Map
3. Mills Act Background Information
4. Recommended List of Prioritized Work
5. Annotated Photographs of Proposed Improvement Timeline
6. Secretary of the Interior’s Standards
7. Building Permit History
8. Site Photographs
804
AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/6/2022 Agenda Item: A.
Subject:
ORDINANCE NO. 1739 (SECOND READING) - PARKING RECREATIONAL VEHICLES ON CITY
STREETS AND ALLEYS
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 12/2/2022
powered by Legistar™805
55452.01100\40835389.2
1 ORDINANCE NO. 1739
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA AMENDING SECTION
10.28.230(B) OF THE SAN CLEMENTE MUNICIPAL CODE
RELATING TO PARKING RECREATIONAL VEHICLES ON
CITY STREETS AND ALLEYS
WHEREAS, the City of San Clemente (the “City”) has received public concern about increases in the parking of oversized vehicles on public streets, including but not limited to recreational vehicles and trailer-mounted boats; and WHEREAS, such parking raises unique public safety concerns, including the obstruction of access to rights-of-way, reduced site distance, and reduced visibility at intersections; and
WHEREAS, such vehicles are typically heavier than traditional automobiles, and their regular use in residential neighborhoods has the potential to cause excessive wear and tear on neighborhood streets; and
WHEREAS, over-proliferation of recreational vehicle parking in City neighborhoods can negatively impact the appearance of those neighborhoods and impact the walkability of those neighborhoods, especially on routes to and from schools; and WHEREAS, Section 10.28.230(B) of the San Clemente Municipal Code generally prohibits parking recreational vehicles, as defined under California Health and Safety Code Section 18010, and trailer-mounted boats (collectively, “RVs”) on a City street or alley for more than five hours; and
WHEREAS, notwithstanding the foregoing, Section 10.28.230(B) allows RV parking for a maximum of 36 hours with a City-issued round-trip RV parking extension (an “Extension”) authorizing one 36-hour loading period and one 36-hour unloading period; and
WHEREAS, the Orange County Sheriff’s Department, which provides contract police services for the City, processes Extensions through a Sheriff’s dispatch hotline; and
WHEREAS, residents requesting Extensions must provide information about a requested Extension, including but not limited to information about their vehicle’s make and model, license plate, parking location, and anticipated dates and times for on-street parking for loading and unloading purposes; and
WHEREAS, the City’s Municipal Code does not specify how much time must separate the loading and unloading periods or whether multiple Extensions may be issued sequentially (back-to-back), potentially resulting in de facto RV parking of more than 36 hours with multiple Extensions issued sequentially; and 806
55452.01100\40835389.2
2 WHEREAS, this system can be exploited if residents schedule an unloading period immediately following a loading period, or obtain sequential or end-to-end Extensions; and
WHEREAS, the Sheriff’s Department and the City desire to further clarify and manage the method by which Extensions are requested and received in order to reduce unintended multi-day parking.
NOW, THEREFORE, the City Council of the City of San Clemente does ordain as follows:
The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 10.28.230(B), Recreational Vehicles and Trailer Mounted Boats, is hereby amended in its entirety to read as follows:
“10.28.230(B) – Recreational Vehicles and Trailer Mounted Boats.
B. Recreational Vehicles and Trailer Mounted Boats. .....Except as provided herein, no Recreational Vehicle, as that term is defined in California Health and Safety Code Section 18010, and no trailer-mounted boat shall remain parked on a City street or alley for over five (5) hours; provided, that the five-hour time limit for Recreational Vehicles and trailer-mounted boats (collectively, "RVs") may be extended to a maximum of thirty-six (36) hours upon receipt of a City-issued RV parking extension. A maximum of six (6) round-trip RV parking extensions may be issued per residential address per calendar year. For the purposes of this subsection, a round-trip RV parking extension shall mean one (1) thirty-six-hour parking extension for the loading of the RV and one (1) thirty-six-hour parking extension for the unloading of the RV.
Only round-trip extensions may be issued, and the
commencement of the unloading period must occur no sooner than twenty-four (24) hours after termination of the loading period.
An RV parking extension shall be issued free of charge and may be obtained from the Orange County Sheriff's Department dispatch at (949) 770-6011 by providing the following information:
the date and time on-street parking for the purpose of loading the RV will commence; the date and time on-street parking for the purpose of unloading the RV will commence (if known; otherwise, this information can be provided upon return); the name and address of the person requesting the RV parking extension; the make, model, and license plate number of the RV; and the location where the RV will be parked. If the RV parking extension has been obtained, the RV may be parked on the City street or alley at the location and during the period of time authorized by the RV parking 807
55452.01100\40835389.2
3 extension. At the expiration of the five-hour period or, if an RV parking extension has been obtained, at the expiration of the period authorized by the RV parking extension, the RV shall be moved so it is no longer parked on the City street or alley and the RV shall not be parked on City streets or alleys for the ensuing twenty-four (24) hours. The terms of No two (2) round-trip RV parking extensions shall be separated by at least three days. granted within a three-day period.”
The City Council finds that this Ordinance is exempt from the California Environmental Quality Act ("CEQA") because 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. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment.
Here, the Ordinance will not result in any construction or development, and it will not have any other effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.
In the alternative, even if the Ordinance did qualify as a “project” under CEQA, it would be exempt from CEQA under State CEQA Guidelines section 15061(b)(3), which exempts projects from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Thus, even if the Ordinance could result in some physical change in the environment, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
The City Council, therefore, directs that a Notice of Exemption for this ordinance be filed with the County Clerk of the County of Orange in accordance with State CEQA Guidelines.
The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.
The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.
If any provision of this ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect 808
55452.01100\40835389.2
4 without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.
This Ordinance shall take effect 30 days after its adoption by the City Council of the City of San Clemente.
APPROVED AND ADOPTED this __ day of __________, 2022.
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
APPROVED AS TO FORM:
__________________________
CITY ATTORNEY
809
55452.01100\40835389.2
5 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of November , 2022, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the ___ day of __________, 2022, and said ordinance was adopted by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of __________, 2022. __________________________
CITY CLERK of the City of
San Clemente, California
810
AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/6/2022 Agenda Item: A.
Department: City Manager
Prepared By: Jennifer Savage, Assistant to the City Manager Subject:
CONSIDERATION OF ALLOCATING A DONATION TO THE FLYING LEATHERNECKS
HISTORICAL FOUNDATION
Fiscal Impact:
The fiscal impact to the City’s general fund will be determined by the amount, if any, of the donation.
Summary:
Consideration of allocating a donation to the Flying Leathernecks Historical Foundation to support the creation of the Flying Leatherneck Aviation Museum to be located in the City of Irvine Great Park.
Background:
On November 15, 2022, the City Council received a presentation from Brigadier General Michael Aguilar regarding the Flying Leatherneck Historical Foundation (Attachment 1). General Aguilar commented that the foundation is working on finalizing its major fundraising campaign and welcomes donations. The Council voted to agendize consideration of making a donation (amount of which was not specified) to the foundation.
Discussion:
The purpose of Policy and Procedure 203-1 (Attachment 2), Social Service Program Grant Funding, is to provide policies and procedures for funding grants to non-profit organizations through the annual budget process. Staff recommends the City Council consider a donation during the annual budget process so that funding consideration occurs in the context of various funding choices (and challenges) that are presented to the Council at that time. Waiting to consider a donation to the Flying Leatherneck Historical Foundation during the budget process would align with City Council policy to fund grants through the annual budget process.
Alternatively, the City Council could consider allocating a donation from the City Council contingency account or the General Fund unassigned fund balance. The City Council contingency account was established for unanticipated Council initiatives. On October 18, 2022, Council approved the use of $1,900 from the contingency fund to support the automatic license plate readers around Max Berg Park. There is $16,600 remaining in the Council contingency account.
Plan and Policy Consistency:
None
Council Strategy:
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 12/2/2022
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Meeting Date: 12/6/2022 Agenda Item: A.
None
Recommended Actions:
Staff Recommendation
Staff recommends that the City Council postpone consideration of allocating General Funds for a donation through the regular budget process.
Alternatives
Alternatively, the City Council could consider:
1. Allocating a donation in an amount to be determined herewith from the City Council contingency account to the Flying Leathernecks Historical Foundation; or
2. Allocating a donation in an amount to be determined herewith from the General Fund unassigned fund balance.
Attachment:
1. November 15, 2022 PowerPoint from the Flying Leathernecks Historical Foundation
2. Policy and Procedure 203-1
Notification:
None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 12/2/2022
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Great Park Cultural Terrace
home to the
Flying Leatherneck Aviation Museum
PRESERVE HONOR INSPIRE
San Clemente City Council
ATTACHMENT 1
813
We are a group of Marine aviation historians, veterans, and enthusiasts who are dedicated to preserving the aviation history of the United States Marine Corps (USMC) and Marine Corps Air Station (MCAS) El Toro (now Great Park).
MissionOur mission is to return the Flying Leatherneck Aviation Museum to its original home by providing financial resources and operational support for the relocation of the MCAS Miramar Command Museum to Irvine City’s Great Park,.
PurposeThe Flying Leatherneck Historical Foundation is raising funds to return the Flying Leatherneck Aviation Museum to its original home and create a premier museum/tourist attraction in Orange County, honoring the history and legacy of Marine Corps Aviation, and excite today’s youth in aerospace and other STEM studies.
About Us
Preserving Marine Aviation for the Future
814
Flying Leatherneck Aviation Museum
815
Brief History
• In June 1989 the Marine Corps Air Station El Toro Historical Foundation was founded to help preserve and commemorate the important history of Marine Aviation. • In 1999, the museum, its aircraft, artifacts, displays and staff were moved to MCAS Miramar as part of the Base Realignment and Closure (BRAC). • In 1999, the Marine Corps’ Flying Leatherneck Aviation Museum (FLAM) opened its doors at Miramar, operationally and financially supported by the Flying Leatherneck Historical Foundation (FLHF) • After 20-years of supporting the Marine Corps’ community outreach program, military and public events, educational and recognition programs, the Miramar Commanding Officer announced the closure of the museum due to lack of funding. • The FLHF has been working for the past 20 months to find an alternative to closure. 816
Achievements to Date
• Great Park Board of Directors approved development of Memorandum of Understanding (MOU).
• USMC divestment of aircraft, artifacts, and other historical items cancelled.• Irvine City Council approved MOU May 25, 2021.• Soft Fundraising Campaign with initial goal of $5 million.• Irvine City Council Approves $6.9M Architecture and Engineering Design Service contract..
• FLAM President/CEO hired.• Siteline Productions Inc. contracted as FLHF’s design and development firm.• May 2022, HQMC signed MOU for relocation of MCAS Miramar collection to Great Park.
• Irvine/FLHF agreement under development.
817
Challenges
• The museum permanently closed April 1, 2021.• Cataloging of museum collection.• Refinement of Program of Actions and Milestones. • Transportation arrangements for collection.• Preservation and maintenance of aircraft during project period. • Fundraising.• Starting a Business. 818
The Team
819
Immediate Goals and Objectives
• Work with City of Irvine for the development of restoration and refurbishment design plans for hangar and the surrounding areas. • Complete agreement between the City of Irvine Flying Leatherneck Historical Foundation.
• Update planning and development of Flying Leatherneck Historical Foundation’s governing documents, finances, exhibit and office design. • Transport museum collection to Great Park for storage and maintenance.
• Development and execution of a Major Fundraising Campaign. 820
Cultural Terrace Reuse Plan
Great Park
Athletic Fields
Events Center
FLAM
CFM
Pretend City
821
Flying Leatherneck Aviation Museum/Innovation
Center, Library, and Cultural Center
FLAM
CFA
Pretend City
Plaza
822
Flying Leatherneck Aviation Museum and
Innovation Center
• 215,000 square feet hangar, office and storage• Estimated Cost:
• Preliminary retrofit: $10-15M• Aircraft Movement: $3-4M• Complete Renovation: $10-15M 823
Hangar 296 Today
824
825
Patch Collection and Art Gallery
Memories – Archive Pods
Projection Graphics
Achieves & Cartography – Research Library
826
Projected Timetable
(Estimated times)
Phase 1
Facility Assessment and
Initial Design
•Assessment of facility for
hazardous material, structural integrity, and state/federal standards. •RFP for design. •Initial design concepts for
exterior and interior of facility.
Phase 2
Statement of Work
RFP Development
•Develop SOW based on
facility assessment and initial design concepts.
•Develop and posting of
RFP.
•Contractor Selection.
Phase 3
Restoration, Refurbishment,
and Aircraft Movement
•Restoration,
refurbishment, construction, and redesign.
•Aircraft and artifact
identification and movement for storage.
•Hiring of museum staff.
Phase 4
Exhibit and Display
Configuration
•Exhibit and Display setup.•Furnishing and setup of
office, store, conference and training rooms.
Fundraising
Jan-Feb 2022 Jun-Dec 2021 April 22-Mar 23
Late 2023
Early 2024
827
Next Steps
• Complete Facility Assessment and Initial Design Concept.• Finalize loan MOU.• Preliminary restoration and refurbishment cost and budget assessment.
• Update business plan as necessary.• Hire essential museum staff.• Transport museum collection, artifacts and associated equipment for storage.
• Major Fundraising Campaign.
828
Our Vision
• Make the FLAM the premier museum/tourist attraction in Orange County, honoring the history and legacy of MCAS El Toro and Marine Corps Aviation. • Create a setting that inspires the next greatest generation of Americans to pursue careers in public service or the STEM disciplines. 829
Questions?
Preserve Honor Inspire
www.flyingleatherecks.org
830
ATTACHMENT 2
831
832
833
AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 12/6/2022 Agenda Item: B
Department: City Attorney
Prepared By: Scott Smith, City Attorney
Subject:
ASSEMBLY BILL 2449 - OPEN MEETINGS AND VIRTUAL COUNCIL MEETING PARTICIPATION Fiscal Impact:
None.
Summary:
Historically, the Brown Act has allowed limited “teleconference meetings” or remote meeting access with one or more Councilmembers attending from a remote telephone or videoconference location.
That remote participation required notice in the agenda and posting at the remote location, together with public access to that location.
Effective January 1, 2023, AB 2449 provides additional remote access opportunities for Council meetings. The three new avenues for virtual participation in meetings are: (1) meetings during a new state of emergency, (2) virtual participation due to “just cause” (personal reasons), and (3) virtual participation due to an “emergency circumstance” (a personal or family medical emergency). The American Disabilities Act still applies to Council proceedings, with AB 2449 access being the accommodation of first resort.
Background:
1. “Traditional” Teleconferencing.
Government Code section 54953(b)(1) contains the long-standing opportunity for remote attendance at Council meetings, subject to the following protocols:
· The City’s agenda must identify each location from which a Councilmember will be calling in, even from the Councilmember’s home, business, or hotel room. · An agenda must be posted at each remote location.
· Each teleconference location must be accessible to the public, and any members of the public who attend at the remote teleconference location must be allowed to address the Council directly from that location.
· At least a quorum of the Council must participate from locations within the Council’s jurisdiction.
· Traditional public participation rules apply at each location. Specifically, the public must have CITY OF SAN CLEMENTE Page 1 of 5 Printed on 12/2/2022
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direct in-person access to the Councilmember participating remotely. · All votes during the meeting must be taken by rollcall, and no secret ballots are permitted. · The Council must publicly report when an action is taken during the meeting, and how each Councilmember voted (or whether there were abstentions or absences) on that item.
2. Updated Teleconferencing for States of Emergency.
Under the new AB 2449 rules, if the Council meets during a future proclaimed state of emergency, or while state or local officials are recommending social distancing measures for public safety reasons, certain traditional teleconference rules are relaxed or waived. This set of rules mirrors the Governor’s Orders and AB 361 as implemented in 2020 during the COVID-19 pandemic. The rules provide that a public body may continue meeting under the relaxed teleconference requirements as long as a state of emergency exists or while the body can continue to support findings that state or local officials are recommending social distancing measures for health and safety reasons. To qualify for these relaxed rules, one of these situations must be present:
· The Council is meeting during a state of emergency, and local officials are imposing or recommending social distancing measures.
· The Council is meeting during a state of emergency for the express purpose of determining by a majority vote of the Council whether meeting in person would present imminent risks to the health or safety of attendees.
· The Council is meeting during a state of emergency and has determined, by majority vote, that meeting in person would present imminent risks to the health or safety of attendees. · State or local officials continue to recommend or impose social distancing measures, and the Council is willing to make findings that, based on those recommended measures, meeting in person would pose a health or safety risk to attendees.
If one of these criteria is present, Councilmembers may attend virtually subject to these relaxed requirements:
· The Council must comply with ordinary agenda-posting requirements (72 hours for a regular meeting, 24 hours for a special meeting), but the agenda need not identify each teleconference location or be posted at each Councilmember’s remote location. Public inperson access to the remotely participating Councilmember at their remote location is not required.
· The agenda must still provide the opportunity for public access and comment through some means - for instance, if the Council will be meeting via Zoom, the agenda must provide a callin number or video access link for the public. The Council is not required to provide a physical location from which the public can attend or comment in person. · The rights of the public attending the meeting must be protected, meaning the public must be allowed to “access” the meeting (including by telephone or internet) and make public comments (in real time) on matters before the Council.
· If a disruption occurs that prevents the public from accessing the meeting (i.e., the Zoom link CITY OF SAN CLEMENTE Page 2 of 5 Printed on 12/2/2022
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· If a disruption occurs that prevents the public from accessing the meeting (i.e., the Zoom link stops working, or the public cannot hear the audio of the meeting, or the internet goes out in general), the Council may take no further action on agendized items until access to the meeting is restored.
· When hearing and acting on agendized items, the Council must provide members of the public enough time to make comments (in practice, this means the Council should wait a minute or so each time it calls for public comment, to make sure anyone who wants to comment has time to unmute themselves and do so).
· All votes must be by rollcall, and no secret ballots are permitted. · The Council must publicly report when an action is taken during the meeting, and how each Councilmember voted (or whether there were abstentions or absences) on that item. · If the Council wants to continue to meet remotely after the first meeting because the state of emergency remains ongoing or local/state officials continue to recommend social distancing measures, the Council must make certain findings by majority vote every 30 days for the duration of using this teleconference exception (i.e., adopt a resolution at each meeting of the Council to reconfirm that a state of emergency exists, or social distancing measures continue to be recommended, and so the Council will continue to meet in person to protect the health and safety of attendees, as was the case for remote meetings during the COVID-19 pandemic).
3. Virtual Participation for “Just Cause” or Emergency Circumstance.
AB 2449 allows new virtual attendance for “just cause” or “emergency circumstance,” subject to the distinct findings, protocols, and technological platform discussed below. In these cases, the Council may hold a “hybrid” (i.e. part teleconference, part in-person) meeting without having to post agendas at teleconference locations, identify the remote locations, or open them open to the public. In all circumstances, a quorum must still be physically present at the in-person meeting. The general requirements that apply to both the “just cause” and “emergency circumstance” exceptions follow.
The City currently lacks the technological platform to make them available. · A Councilmember may utilize AB 2449 to attend a meeting remotely (for just cause and/or emergency circumstances) for no more than three consecutive months or more than twenty percent (+/- 4) regular meetings in any calendar year, whichever comes first. No more than two instances may be for just cause.
· If a Councilmember is attending remotely, they must do so with both audio and video enabled; it is not enough to call in on the phone, and Councilmembers may not turn off or be out of frame of their cameras.
· If a Councilmember is attending remotely, and someone 18 or older is in the same room, the Councilmember must, before any action is taken, disclose this fact and their general relationship with such individual(s). Even if no such individual is present, the Councilmember CITY OF SAN CLEMENTE Page 3 of 5 Printed on 12/2/2022
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must state that no other individual age 18 or older is present. · In addition to the above, the Council must ensure that during any hybrid meeting the public is provided with either (1) a two-way audiovisual platform or (2) a two-way telephonic service and live webcasting of the meeting. In either event, the public must be able to see and hear the meeting and remotely address the Council.
· The agenda must clearly identify the opportunity to attend via call-in, internet-based service, and in-person (i.e., it must provide the appropriate phone numbers, web addresses, and physical addresses to view/attend the meeting). Any further agenda posting or notice of the meeting must include this information.
· In the event of a disruption that interrupts the Council’s public broadcast, or another disruption within the Council’s control preventing the public from offering public comment, the Council must take no further action until such service is restored. Any action taken in violation of this rule may be challenged.
· Comments may not be required to be submitted in advance; the opportunity to comment and address the Council in real-time must be available to all participants, regardless of whether they are remote.
A. Just Cause
Councilmembers may participate virtually with “just cause” by providing the Council notice at the earliest opportunity possible, including the start of the meeting, and providing a general description of the circumstances giving rise to their need to appear remotely. · “Just cause” means childcare or family caregiving needs, contagious illness, physical or mental disability needs, or travel while on official public business. · As noted above, a Councilmember may rely on this remote attendance option for no more than two meetings per calendar year.
B. Emergency Circumstance
This virtual participation option is available by request to the Council and must be approved by the Council before activated. The request must be made as soon as possible, and a separate request must be made for each meeting.
· An “emergency” means a physical or family medical emergency that prevents in-person attendance.
· The request must be accompanied with a general description of approximately 20 words, but does not require the disclosure of a medical diagnosis or disability, or personal medical information already exempt under existing law. · The Council may take action on the request, and if insufficient time exists for the action to be placed on the agenda for the applicable meeting, the Council may take such CITY OF SAN CLEMENTE Page 4 of 5 Printed on 12/2/2022
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to be placed on the agenda for the applicable meeting, the Council may take such action at the beginning of the meeting as a late-breaking item. Approval of the Council by formal vote is required to authorize remote attendance; if approval is denied, the remote Councilmember may not participate remotely.
4. Disability Laws.
AB 2449 contains text suggesting that the protocols for virtual meetings should meet the needs of disabled participants in meetings. It provides no guidance on whether accommodation beyond its protocols should be made available to persons with disabilities. The City Attorney suggests that the provisions of AB 2449 discussed above should be employed as a first resort for Councilmembers requesting ADA accommodation. In other particular circumstances, it may be necessary to broaden ADA access where the AB 2449 platforms are inadequate accommodation for some disability, but AB 2449 platforms should be exhausted first.
5. Conclusion.
The Council may opt to hold full or partial virtual meetings under any of the new AB 2449 opportunities described in this agenda report. The Council may still use traditional remote access by providing staff notice of the need for that access, posting their remote location, including it in the agenda, and allowing the public to participate remotely with them at that location.
Recommended Actions:
Staff Recommendation
Receive and file this report and, if Council wishes to employ the “just cause” and “emergency circumstances” platforms for virtual attendance, ask staff to return with a work plan and appropriation for implementing the required two-way audio-video public participation in Council meetings.
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