910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
CITY OF SAN CLEMENTE
Tuesday, February 21, 2023
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.
RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.
Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.
MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:
Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.
City Council Regular Meeting Agenda February 21, 2023
CLOSED SESSION (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.
Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al.
Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2) Number of Cases: 1
D. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Attorney
BUSINESS MEETING (6:00 P.M.)
CALL TO ORDER
INVOCATION – Lead Pastor Mark Ambrose, Pacific Coast Church San Clemente
PLEDGE OF ALLEGIANCE
ROLL CALL
1. Special Presentations
A. January Update on the Homeless Issue
B. PierPride - Bird Netting Donation
Presentation by Amber Gregg, representing PierPride, concerning an update on PierPride events and achievements and presentation of funds for bird deterrent netting under the pier.
City Council Regular Meeting Agenda February 21, 2023
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. 10. 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. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.
3. Motion waiving reading in full of all Resolutions and Ordinances
4. Consideration of agendizing items requiring immediate action 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. 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, Staff, or the public 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 FEBRUARY 7, 2023.
B. Commission/Committee Minutes
Staff Recommendation:
Receive and file the following:
(1) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF
JANUARY 24, 2023.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
FEBRUARY 9, 2023.
City Council Regular Meeting Agenda February 21, 2023
C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2791 THROUGH 2795 AND WARRANT NOS.
586127 THROUGH 586286, PAID ON
2-3-23, IN THE AMOUNT OF $1,939,361.95
(2) APPROVE WIRE TRANSFER NOS.
2796 THROUGH 2801 AND WARRANT NOS.
586287 THROUGH 586400, PAID ON
2-10-23, IN THE AMOUNT OF $3,268,767.36
TOTAL WARRANT REGISTER $5,208,129.31
Payroll Register
WARRANT NOS. 895 THROUGH 896,
AUTOMATIC DEPOSIT ADVISES 83786
THROUGH 84046, FOR THE PERIOD
1-23-23 THROUGH 2-5-23, PAID
ON 2-10-23, IN THE AMOUNT OF $429,059.72
TOTAL PAYROLL REGISTER $429,059.72
D. CONTRACT AMENDMENT - SENIOR MOBILITY PROGRAM
Staff Recommendation
Approve, and authorize the Mayor to execute, Amendment No. 1 to Contract No.C18-37, by and between the City of San Clemente and California Yellow Cab. This amendment extends the term of the contract for two years, to expire August 21, 2023.
E. CONTRACT AMENDMENT AND SUPPLEMENTAL BUDGET
APPROPRIATION FOR TREE MAINTENANCE
Staff Recommendation
1. Approve a supplemental budget appropriation in the amount of $50,000 to the Maintenance of Trees Account No. 001-633-43426.
2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C21-10, by and between the City of San Clemente and West Coast Arborists, Inc. This amendment increases the contract amount from $1,305,000 to $1,355,000 (an increase of $50,000).
City Council Regular Meeting Agenda February 21, 2023
F. NOTICE OF COMPLETION - WATER RECLAMATION PLANT (WRP)/SLUICE
GATE REPLACEMENT
Staff Recommendation
1. Accept the WRP/Sluice Gate Replacement, from the contractor, Innovative Construction Solutions, CIP Project 26212.
2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the WRP/Sluice Gate Replacement.
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, Innovative Construction Solutions.
G. APPROVAL OF AN ADDITIONAL SERVICES AGREEMENT - AUTOMATIC
LICENSE PLATE READERS AND SERVICES
Staff Recommendation
Approve, and authorize the City Manager to execute, an Additional Services Agreement (Contract No. C22-37), by and between the City of San Clemente and Flock Group, Inc., providing automatic license plate readers and services, in the amount of $219,700.
H. CONTRACT AWARD - WATER & WATER RECLAMATION ELECTRICAL INFRASTRUCTURE ARC FLASH STUDY.
Staff Recommendation
Approve, and authorize the Utilities Director to execute, Contract No. C23-09, by and between the City of San Clemente and Electrical Safety Specialists, LLC., providing for a Water & Water Reclamation Infrastructure Arc Flash Study, in an amount not to exceed $54,802.
City Council Regular Meeting Agenda February 21, 2023
I. NOTICE OF COMPLETION - CITYWIDE CATCH BASINS REHABILITATION Staff Recommendation
1. Accept the Citywide Catch Basins Rehabilitation, from the contractor, Cheloletty Engineering, CIP Project No. 21001.
2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the Citywide Catch Basins 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, Cheloletty Engineering.
J. PURCHASE OF POLICE SERVICES FLEET VEHICLE TO REPLACE FLEET VEHICLE NUMBERS 2010 & 2072
Staff Recommendation
1. Approve the purchase of a 2024 Chevrolet Express van from Winner Chevrolet from the Fleet Replacement Reserve for replacement of Fleet vehicle numbers 2010 & 2072.
2. Authorize a supplemental appropriation in the amount of $12,605 to the Fleet Automotive Equipment Account No. 065-824-45600 from the Fleet Replacement Fund balance.
K. CONTRACT AMENDMENT - MAINTENANCE SERVICES AGREEMENT WITH
ED STEWART AND ASSOCIATES FOR INSPECTION AND CLEANUP OF
ABANDONED PROPERTY AND REFUSE
Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1126, by and between the City of San Clemente and Ed Stewart and Associates, Inc.
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.
None.
City Council Regular Meeting Agenda February 21, 2023
8. Unfinished Business
None.
9. New Business
None.
10. 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. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.
11. Reports
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
12. Adjournment
Adjourn to an Adjourned Regular meeting to be held on February 28, 2023 at 4:00 p.m. for the purpose of conducting the Long Term Financial Plan Workshop.
The next Regular Council Meeting is scheduled to take place on March 7, 2023. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
Items to be Considered at a Future Meeting
March 21, 2023: Continuation of Conley Public Hearing on Appeal of Administrative Encroachment Permit E22-0112.
City Council Regular Meeting Agenda February 21, 2023
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.