CITY OF SAN CLEMENTE
Tuesday, June 6, 2023 5:00 PM SAN
City Council
Regular Meeting Minutes
CALIFORNIA
5:00 p.m. - Closed Session Mayor Duncan
6:00 p.m. - Business Meeting Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
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.
A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on June 6, 2023 at 5:01 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
PRESENT: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk
CLOSED SESSION
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to recess at 5:02 p.m. to Closed Session to discuss the following:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 3
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 AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Closed Session concluded at 5:58 p.m.
City Council Regular Meeting Minutes June 6, 2023
BUSINESS MEETING
The business meeting reconvened at 6:03 p.m., with all Councilmembers present.
INVOCATION
Reverend Jesse Lund, Pastor, San Clemente Presbyterian Church gave the invocation.
PLEDGE OF ALLEGIANCE
Councilmember Loeffler led the Pledge of Allegiance.
Special Presentations
A. Groundswell (Formerly Orange County Human Relations) Annual Report Sue Reese, Advisory Board Member, presented the Groundswell annual report.
B. Presentation of Commendation - Patricia Hurtado
Amanda Q recognized Patricia Hurtado for her heroic actions on May 26, 2023.
Mayor Duncan presented a commendation to Patricia Hurtado in recognition of her heroic act at the San Clemente Pier on May 26, 2023.
Oral Communications (Part 1)
Cord Bauer, San Clemente, spoke on the illegal activity at North Beach and the need for additional enforcement.
Lisa Edone commented on the City's mission statement as it relates to safety; spoke on safety concerns in the City.
Decline, San Clemente, requested that the City eliminate Coastal Commission oversight and assume responsibility for approvals as other neighboring cities have.
Cameron Cosgrove, San Clemente, recognized Council for hiring four additional deputies; opined that the City should utilize park rangers to address low priority safety issues at North Beach.
Suzie Whitelaw, Save our Beaches San Clemente, opined that the Coastal Zone Administrator position should not be tasked with overseeing the Local Coastal Program.
Joe Janis, San Clemente, spoke on the increase in crime in the T-Zone; opined that private security should be approved for a trial period.
Lois McNicoll expressed concern about the incident at the pier with the Marines and local youth on May 26, 2023; opined that the City needs to hire private
City Council Regular Meeting Minutes June 6, 2023
security to address safety concerns.
Wayne Eggleston, San Clemente, expressed concerns regarding the incident with Marines and local youth on May 26, 2023; opined that the incident has damaged the City's reputation and relationship with the Marines.
Darryl McFann, San Clemente, expressed concerns with the incident at the pier with Marines and local youth on May 26, 2023; opined that the City should utilize private security to address safety concerns.
Clive Makinson-Sanders, San Clemente, commented on juveniles congregating in Trafalgar Canyon and participating in illegal activity; noted the potential danger to the residents.
Jill Watson, San Clemente, commented on the incident between Marines and local youth at the Pier on May 26, 2023; opined that San Clemente needs to hire private security.
Amanda Q expressed concerns that witnesses to the incident at the pier between Marines and a large group of local kids, were not able to provide a statement to San Clemente Police Services due to English not being their primary language; opined that the City should hire a private security firm; suggested that the City consider hiring a lobbyist for sand replenishment in lieu of hiring a Coastal Zone Administrator.
Concerned Resident opined that Council's priorities should be safety for the residents as well as sand replenishment for San Clemente beaches.
Tom Garrett spoke in support of private security; voiced concern with the impact of crime to the residents.
Angelo Pasciuti commented on the incident on May 26, 2023 between Marines and local youth; opined that there should be a Marine liaison to work with the Marines and the community to repair division.
3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Consideration of agendizing items requiring immediate action None.
City Council Regular Meeting Minutes June 6, 2023
Closed Session Report - City Attorney
City Attorney Mitchell announced that the following action was taken in Closed Session:
Council gave direction; no reportable action concerning:
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)
Council gave direction; no reportable action concerning:
Case Name: City of San Clemente v. Emergency Shelter Coalition, et al.
Orange County Superior Court Case Number:
2020-01153535-CU-EI-CXC
Staff Communications
Economic Development Officer Lightfoot provided an update to Council concerning the Trolley as it relates to grant funding with the Orange County Transportation Authority; provided Council with an update concerning development projects within the City including the Miramar Project and the hotel proposal, The Gallery.
Public Works Director/City Engineer Koger narrated a PowePoint presentation entitled "Casa Romantica Landslide" and provided an update to Council on mitigation efforts concerning the landslide at Casa Romantica.
Reorganization of Agenda
Council agreed to move item 10C - Temporary Modification of Beach Hours in Accordance with section 12.32.140 of the San Clemente Municipal Code and Consideration of Urgency Ordinance related to the same and item 8A - Adoption of the Fiscal Year 2023-24 Budget before the Consent Calendar is considered.
For Item 10C please reference page 17 of these minutes for a summary of action.
For Item 8A please reference page 13 of these minutes for a summary of action.
City Council Regular Meeting Minutes June 6, 2023
7. Consent Calendar
City Manager Hall requested that Council continue item 7l - Renewed Measure M2 Annual Funding Eligibility - Fiscal Year 2023-2024 and item 7N - Adoption of Resolution No. 23-30, Approving a License Agreement with Abound Food Care for Emergency Meal Storage.
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to continue items 71 - Renewed Measure M2 Annual Funding Eligibility - Fiscal Year 2023-2024 and item 7N - Adoption of Resolution No. 23-30, Approving a License Agreement with Abound Food Care for Emergency Meal Storage.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Motion by Councilmember Loeffler, second by Mayor Duncan, CARRIED 5-0, to reconsider items 71 - Renewed Measure M2 Annual Funding Eligibility - Fiscal Year 2023-2024 and item 7N - Adoption of Resolution No. 23-30, Approving a License Agreement with Abound Food Care for Emergency Meal Storage.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Council removed items 7G, 7l and 7N from the Consent Calendar for discussion.
A. City Council Minutes
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MAY 16, 2023.
(2) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF MAY 23, 2023.
(3) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF MAY 23, 2023.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
City Council Regular Meeting Minutes June 6, 2023
B. Commission/Committee Minutes
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to receive and file:
GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF
NOVEMBER 3, 2022.
GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF FEBRUARY 2, 2023.
BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF DECEMBER 13, 2022
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
C. Warrant Register
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2843 THROUGH 2848 AND WARRANT NOS.
588048 THROUGH 588192, PAID ON
5-5-23, IN THE AMOUNT OF $2,991,701.41
(2) APPROVE WIRE TRANSFER NOS.
2849 THROUGH 2850 AND WARRANT NOS.
588193 THROUGH 588368, PAID ON
5-12-23, IN THE AMOUNT OF $1,406,943.35
(3) APPROVE WIRE TRANSFER NOS.
2851 THROUGH 2854 AND WARRANT NOS.
588369 THROUGH 588517, PAID ON
5-19-23, IN THE AMOUNT OF $1,049,245.17
(4) APPROVE WARRANT NOS.
588518 THROUGH 588702, PAID ON
5-26-23, IN THE AMOUNT OF $3,385,987.12
TOTAL WARRANT REGISTER $8,833,877.05
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
City Council Regular Meeting Minutes June 6, 2023
Payroll Register
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
APPROVE AUTOMATIC DEPOSIT ADVISES
85465 THROUGH 85752, FOR THE PERIOD
4-17-23 THROUGH 4-30-23, PAID
ON 5-5-23, IN THE AMOUNT OF $459,187.26
APPROVE WARRANT NO. 902, AUTOMATIC
DEPOSIT ADVISES 85753 THROUGH
86051, FOR THE PERIOD 5-1-23
THROUGH 5-14-23, PAID ON
5-19-23, IN THE AMOUNT OF $471,974.43
TOTAL PAYROLL REGISTER $931,161.69
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
CONTRACT AWARD - FY 2023 AS-NEEDED PAVEMENT REPAIRS (TRACT Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-32, which will:
1. Find the FY 2023 As-Needed Pavement Repairs (Tract 852), Project No. 23306 categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
2. Award the FY 2023 As-Needed Pavement Repairs (Tract 852), Project No. 23306, contract to ONXY Paving Company, Inc.
3. Authorize the Public Works Director/City Engineer to execute, Contract No.
C23-25, by and between the City of San Clemente and ONYX Paving Company, Inc., providing for the FY 2023 As-Needed Pavement Repairs (Tract 852), in the amount of $515,000.
4. Authorize the budget transfer of $690,000 from Account No. 042-848-45300- 000-13326 FY 2023 Alley Pavement Rehabilitation, to Account No. 042-848- 43420-000-23306 FY 2023 As-Needed Pavement Repairs (Tract 852).
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
City Council Regular Meeting Minutes June 6, 2023
E. NOTICE OF COMPLETION - FY 2023 STREET IMPROVEMENT PROGRAM AND FY 2023 ARTERIAL STREET PAVEMENT MAINTENANCE
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-33, which will:
1. Accept the FY 2023 Street Improvement Program and FY 2023 Arterial Street Pavement Maintenance, CIP Project Nos. 13327 and 13320 with the striping modifications as listed in Attachment 4 of the Administrative Report dated June 6, 2023, from the contractor, Roy Allan Slurry Seal, Inc.
2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for FY 2023 Street Improvement Program and FY 2023 Arterial Street Pavement Maintenance.
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, Roy Allan Slurry Seal, Inc.
4. Authorize the City Clerk to release the Performance Bond upon receipt of Warranty Bond in the amount of 25% of the construction cost.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
NOTICE OF COMPLETION - WATER RECLAMATION PLANT (WRP)
ELECTRICAL SYSTEMS REPLACEMENT PHASE I PLANT MAIN
DISTRIBUTION PANEL (PMD)
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, to:
Adopt Resolution No. 23-34, which will:
1. Accept the Water Reclamation Plant (WRP) Electrical Systems Replacement Phase | Plant Main Distribution Panel (PMD), Project No. 16205, from the contractor, Global Power Group, Inc.
2. Authorize the Utilities Director to execute, and the City Clerk to record, the Notice of Completion for WRP Electrical Systems Replacement Phase I PMD.
3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Utilities Department that no liens have been levied against the Contractor, Global Power Group, Inc.
4. Authorize the City Clerk to release the Performance Bond upon receipt of a
City Council Regular Meeting Minutes June 6, 2023
Warranty Bond in the amount of 25% of the construction cost.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
H. CONTRACT AMENDMENT - MANAGED SECURITY SERVICES
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, to:
Adopt Resolution No. 23-36, which will:
oroviding for the Arctic Wolf Networks Managed Detection and Response anc Managed Risk Services. This amendment increases the contract amount from $181,945 to $300,658, an increase of $118,713.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR (FY) 2023-24 (GANN LIMIT)
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-40, which will:
Establish an appropriation limit pursuant to Article XIIB of the California Constitution.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
K. DESIGNATE FISCAL YEAR (FY) 2023-2024 STREET REHABILITATION PROJECTS PURSUANT TO SENATE BILL 1 (SB1) THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-41, which will:
Adopt a list of projects for Fiscal Year 2023-24 funded by Senate Bill 1(SB1):
The Road Repair and Accountability Act of 2017.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
City Council Regular Meeting Minutes June 6, 2023
L. RECORDS DESTRUCTION
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-42, which will:
Authorize the destruction of certain City records as outlined in Attachment 2 of the Administrative Report dated June 6, 2023, and on file with the City Clerk.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
M. NOTICE OF COMPLETION - SIDEWALK IMPROVEMENTS FOR AVENIDA
CABRILLO (CDBG)
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-43, which will:
1. Accept the Sidewalk Improvements for Avenida Cabrillo (CDBG), Project No. 10317 from the contractor, LC Paving and Sealing, Inc.
2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for Sidewalk Improvements for Avenida Cabrillo (CDBG).
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, LC Paving and Sealing, Inc.
4. Authorize the City Clerk to release the Performance Bond upon receipt of Warranty Bond in the amount of 25% of the construction cost.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
City Council Regular Meeting Minutes June 6, 2023
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
G. NOTICE OF COMPLETION - THE T-STREET PEDESTRIAN OVERPASS
CONCRETE REHABILITATION AND CONTRACT AWARD - REMAINDER OF
THE REPAIR WORK FOR THE T-STREET PEDESTRIAN OVERPASS
CONCRETE REHABILITATION
Public Works Director/City Engineer Koger responded to Council inquiries.
Motion by_ Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-35, which will:
1. Accept the completed portion of the work performed for the T-Street Pedestrian Overpass Concrete Rehabilitation, CIP Project No. 23804, from the contractor, Skyline Services, Inc.
2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed portion of the work performed for the T-Street Pedestrian Overpass Concrete 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, Skyline Services, Inc.
4. Authorize the City Manager to execute, Contract No. C23-26, by and between the City of San Clemente and Harbor Coating and Restoration, Inc., providing for the construction of the remainder of the work for the T-Street Overpass Concrete Rehabilitation, in the amount of $51,000, plus a 10% project contingency of $7,650.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
City Council Regular Meeting Minutes June 6, 2023
RENEWED MEASURE M2 ANNUAL FUNDING ELIGIBILITY - FISCAL YEAR 2023-2024
Amanda Q narrated a PowerPoint presentation entitled "Measure M2 Funds". A hard copy of the presentation is on file with the City Clerk.
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to continue this item to the June 20, 2023 Regular City Council meeting.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
N. ADOPTION OF RESOLUTION NO. 23-30, APPROVING A LICENSE
AGREEMENT WITH ABOUND FOOD CARE FOR EMERGENCY MEAL
STORAGE
Mike Learakos, Abound Food Care, spoke on the emergency meal program and potential benefits to the City; notified Council of the deadline of July 1, 2023 for grant funds and responded to Council inquiries.
Nick Berkuta, San Clemente, spoke on the potential benefits of the Abound Food Care program for the City and its residents.
Amanda Q commented on the stability of the food storage site; expressed concerns regarding the shelf life of the meals.
Motion by Councilmember Enmeier, second by Councilmember Loeffler, CARRIED 4-1 (Councilmember Cabral voting noe), to:
Adopt Resolution 23-30, which will:
1. Authorize the City Manager to execute, Contract No. 23-22, a License Agreement, by and between the City of San Clemente and Abound Food Care, allowing for use of space in a material storage yard at the City's Water Reclamation Plant located at 30 Avenida Pico to place and operate one solar powered cold storage unit with solar panels.
2. Modify section E of the License Agreement to read as follows:
Licensee will be solely responsible for managing and distributing the meals pursuant to its own policies and procedures, which are subject to City's approval, and City will have no liability, or role in managing or maintaining the Storage Container or Program; and
3. Modify section 3.1.1 of the License Agreement to read as follows:
City Council Regular Meeting Minutes June 6, 2023
Place, access, operate, repair and maintain one solar powered cold storage unit, with dimensions of approximately 40'x 8' x 10' with solar panel extensions, to store ready-to-heat-and-eat meals ("Storage Container") as part of the Emergency Nutritious Food Management Program ("Program") on the City Property, for the purpose of providing meals to community members in times of disaster. Licensee will be solely responsible for managing and distributing the meals pursuant to its own policies and procedures, with City having no liability, or role in managing or maintaining the Storage Container or Program.
Notwithstanding the foregoing, Licensee shall consult with City regarding its policies and procedures for managing and distributing the meals, which shall be subject to the City's approval.
AYE: Enmeier, Knoblock, Loeffler and Mayor Duncan
NOE: Cabral
Public Hearings
A. ADOPTION OF THE FISCAL YEAR 2023-24 BUDGET
Public Hearing to consider adoption of the City of San Clemente's proposed budget for Fiscal Year 2023-24.
Mayor Duncan opened the Public Hearing.
Financial Services Officer Rahn narrated a PowerPoint presentation entitled "City of San Clemente Budget Public Hearing Fiscal Year 2023-24", and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.
Utilities Director Rebensdorf responded to Council inquiries.
City Manager Hall responded to Council inquiries.
Amanda Q narrated a PowerPoint presentation entitled "San Clemente Budget".
A hard copy of the presentation is on file with the City Clerk.
Cord Bauer opined that the City needs additional deputies; referenced the number of deputies per 10,000 residents.
There being no others desiring to speak, Mayor Duncan closed the Public Hearing.
Following discussion, Mayor Duncan re-opened the Public Hearing.
Police Services Captain Christian responded to Council inquiries
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Concerned Resident questioned why Mayor Pro Tem Knoblock is adverse to temporary private security; opined that public speakers are not treated equally.
There being no others desiring to speak, Mayor Duncan closed the Public Hearing
Motion by Councilmember Cabral, second by Councilmember Loeffler, to allocate $700,000 for private security from the general fund and prepare a contract for consideration at the June 20, 2023 City Council meeting for a one-year term.
Following discussion an amendment to the motion was made as follows:
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 4-1 (Mayor Duncan voting noe), to allocate $350,000 for private security from the general fund to prepare a contract for consideration at the June 20, 2023 City Council meeting for a six-month term.
AYE: Cabral, Enmeier, Knoblock and Loeffler
NOE: Mayor Duncan
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-44, which will:
1. Approve the budget at the fund level for the City of San Clemente for the 2023-24 Fiscal Year and the commitment of fund balance.
2. Encompass the amendment made by the previous motion for private security.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Unfinished Business
A. UPDATE ON THE PLAN TO MOVE TEMPORARY PICKLEBALL COURTS FROM SAN GORGONIO PARK TO RICHARD T. STEED MEMORIAL PARK
AND APPROVAL OF A CONSTRUCTION CONTRACT WITH KOMPAN, INC Public Works Director/City Engineer Koger and Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council inquiries.
Concerned Resident spoke in support of the contract award; opined that Council should require a completion date for the contract.
City Council Regular Meeting Minutes June 6, 2023
Susan Ambrose spoke in support of the project; opined the contract should have a completion date.
Amanda Q spoke in support of a completion clause in the contract as well as pickleball courts closure at San Gorgonio Park upon completion of temporary pickleball courts at Richard T. Steed Memorial Park.
Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, to:
Adopt Resolution No. 23-47, which will:
1. Affirm City Council's intention to move the temporary pickleball court facility at San Gorgonio Park as quickly as possible to Richard T. Steed Memorial Park.
2. Award a construction contract to build eight temporary pickleball courts at Steed Park to Kompan, Inc., for an amount not to exceed $1,215,817.04, plus a 10% contingency.
3. Authorize and direct the City Manager to execute such a contract in a form approved by the City Attorney.
4. Authorize and direct staff to close the pickleball courts at San Gorgonio Park as soon as construction of the temporary facility at Steed Park is completed or November 7, 2023, whichever occurs first.
Substitute motion by Mayor Duncan, second by Councilmember Enmeier, FAILED 2-3 (Councilmember Cabral, Councilmember Loeffler and Mayor Pro Tem Knoblock voting noe), to:
Adopt Resolution No. 23-47, which will:
1. Affirm City Council's intention to move the temporary pickleball court facility at San Gorgonio Park as quickly as possible to Richard T. Steed Memorial Park.
2. Award a construction contract to build eight temporary pickleball courts at Steed Park to Kompan, Inc., for an amount not to exceed $1,215,817.04, plus a 10% contingency.
3. Authorize and direct the City Manager to execute such a contract in a form approved by the City Attorney.
4. Authorize and direct staff to close the pickleball courts at San Gorgonio Park as soon as construction of the temporary facility at Steed Park is completed.
AYE: Enmeier and Mayor Duncan
NOE: Cabral, Knoblock and Loeffler
The original motion on the floor by Councilmember Cabral, second by Mayor Pro
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Tem Knoblock, CARRIED 4-1 (Mayor Duncan voting noe), to:
Adopt Resolution No. 23-47, which will:
1. Affirm City Council's intention to move the temporary pickleball court facility at San Gorgonio Park as quickly as possible to Richard T. Steed Memorial Park.
2. Award a construction contract to build eight temporary pickleball courts at Steed Park to Kompan, Inc., for an amount not to exceed $1,215,817.04, plus a 10% contingency.
3. Authorize and direct the City Manager to execute such a contract in a form approved by the City Attorney.
4. Authorize and direct staff to close the pickleball courts at San Gorgonio Park as soon as construction of the temporary facility at Steed Park is completed or November 7, 2023, whichever occurs first.
AYE: Cabral, Enmeier, Knoblock and Loeffler
NOE: Mayor Duncan
Meeting Recessed
Meeting recessed at 9:46 p.m. and reconned at 9:54 pm with all Councilmembers present.
10. New Business
A. APPROVAL OF THE LOCAL ROADWAY SAFETY PLAN (LRSP)
Mayor Duncan opened the Public Hearing.
Assistant City Engineer Ponsen and City Traffic Engineer Kim reviewed the contents of the Administrative Report and responded to Council inquires.
There being no one desiring to speak, Mayor Duncan closed the Public Hearing.
Motion by • Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:
Adopt Resolution No. 23-45, which will:
1. Determine that the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15306 (Class 6, Information Collection) and Section 15301 (Class1, Existing Facilities), of the Sate CEQA Guidelines.
2. Approve the Local Roadway Safety Plan (LRSP).
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3. Approve the LRSP for adoption as a tool to be used to address local roadway safety issues and needs, and future grant funding opportunities.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
B. TRAFFIC CALMING ON AVENIDA PRESIDIO BETWEEN CALLE CORTEZ
AND NORTH LA ESPERANZA, AND FINDING THE PROJECT
CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES
Assistant City Engineer Ponsen and Traffic Engineer Kim reviewed the contents of the Administrative Report and responded to Council inquires.
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to:
Adopt Resolution No. 23-46, which will:
1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
2. Approve installation of electronic speed feedback signs, red curb installation and removal, and edge lines as illustrated in Attachment 4 of the Administrative Report dated June 6, 2023 and on file with the City Clerk.
3. Appropriate the required funds from the Traffic Calming Project, CIP No. 39807.
4. Request Police Services to consider increasing speed enforcement near the apartment complex at 105 Avenida Presidio.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
TEMPORARY MODIFICATION OF BEACH HOURS IN ACCORDANCE WITH SECTION 12.32.140 OF THE SAN CLEMENTE MUNICIPAL CODE AND
CONSIDERATION OF URGENCY ORDINANCE RELATED TO SAME
This item was considered before the Consent Calendar, please reference page 4 of these minutes for a summary of action.
Mayor Duncan opened the Public Hearing.
City Manager Hall reviewed the contents of the Administrative Report and responded to Council inquiries.
Joe Janis, San Clemente, spoke in support of the proposed 10:00 p.m. beach
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closure.
Lois McNicoll spoke in support of the proposed 10:00 p.m. beach closure; opined on the need for private security to enforce the closure time.
Bernice Rivera-Giles, San Clemente, opined that the current closure time of 12:00 a.m. encourages illegal activity; opined on the need for enforcement.
Darren Rude commented on the illegal activity at T-Street; spoke in support of the proposed beach closure time of 10:00 p.m.
Tom Garrett, San Clemente, spoke in support of the proposed 10:00 p.m. beach closure
Rick Price, San Clemente, spoke in support of the proposed 10:00 p.m. beach closure; opined that the City should try private security.
There being no others desiring to speak, Mayor Duncan closed the Public Hearing.
Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
1. Support the action of the City Manager to modify the hours of closure from 12:00 a.m. until 4:00 a.m. to 10:00 p.m. until 4:00 a.m. on City Beaches.
2. Adopt Urgency Ordinance No. 1751 entitled AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, DECLARING A PUBLIC NUISANCE; AMENDING SECTION 12.32.140 OF THE SAN
CLEMENTE MUNICIPAL CODE TO CLOSE THE PUBLIC BEACHES AT 10:00 PM FOR PUBLIC HEALTH, SAFETY AND WELFARE; AND FINDING THE
ORDINANCE TO BE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES.
3. Introduce Ordinance No. 1752 entitled AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, DECLARING A PUBLIC NUISANCE; AMENDING SECTION 12.32.140 OF THE SAN CLEMENTE MUNICIPAL CODE TO CLOSE THE PUBLIC BEACHES AT 10:00 PM FOR PUBLIC HEALTH, SAFETY AND WELFARE; AND FINDING THE ORDINANCE
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES.
Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan
NOE: None
City Council Regular Meeting Minutes June 6, 2023
11. Oral Communications (Part 2)
Aaron Washington commented on the allocation of funding for public safety; spoke on the state curfew for individuals under 18 years old.
12. Future Agenda Items
Agenda Template
Councilmember Enmeier, with the support of Councilmember Cabral and Councilmember Loeffler, agendized consideration of utilizing Oral Communications Part 2 as an as-needed section if Oral Communications Part 1 is longer than the allotted 30 minutes; requested clarification of the Staff Communication portions of the agenda template.
Park Ranger Program
Councilmember Loeffler, with the support of Mayor Pro Tem Knoblock and Mayor Duncan, agendized consideration of the Public Safety Committee evaluating and making recommendations on the Park Ranger Program.
Amphitheater Citizens Committee
Council agendized discussion of the Amphitheater Citizens Committee for the June 20, 2023 Regular City Council meeting, which is to be included in the previously agendized discussion of City Commissions and Committees.
13. Reports
A. Commissions and Committees
Coastal Animal Services Authority
Councilmember Enmeier reported on the 5-year capitol improvement program; announced a summer program where kids and adults can read to shelter dogs.
B. Council Subcommittee Updates
Homeless Subcommittee
Councilmember Enmeier requested that the City Manager organize a meeting with the City of Dana Point and City of San Juan Capistrano and have two councilmembers from each city along with the City Managers discuss a regional approach to homelessness in south Orange County.
Tiny Home Tour
Councilmember Enmeier requested that Council tour the tiny home community in Chula Vista to potentially address homelessness.
City Council Regular Meeting Minutes June 6, 2023
C. Council Members
Leasing or Renting Shelter Beds for San Clemente Homeless Councilmember Loeffler requested that the Homeless Subcommittee evaluate the feasibility of the City leasing or renting shelter beds for the homeless in San Clemente.
(1) UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES,
COMMISSIONS AND BOARDS AND CITY COUNCIL SUBCOMMITTEES
Please reference below for Council appointments to Regional Committees, Commissions and Boards and City Council Subcommittees.
2023 COUNCIL APPOINTED REPRESENTATIVES
TO COMMITTEES, COMMISSIONS AND BOARDS
Committee/Commission/Board Location Meeting Representative(s) Compensation Date(s)
Capistrano Unified School District Duncan and Ermeier No Liason Commitee
Coastal Anim al Services Authority Animal 3"Monday, Enmeier. oslier (AIL) No (CASA) Shelter 5:30 p.m.
San Bi-monthly
Clemente
Community Engagement Panel Varies Quarterty CabraVEnmeier (AIL) No (dates vary). Knoblock/Duncan (AIL) No
Conservancy (Elected/Appointed
Representat ve to Friends of the
Reserve Commission) The City's "At Large
position is vacant
The Talega HOA
Representative is
Laurie Goach (tem
expires June 30, 2020).
The At-Large and
Talega Representative
positions will not b
illed until CM Knoblac
reports to Council with
regard to the Friends'
inactvity
Chamber of Commerce - Ecanami City Hall As Set Cabravknoblock (Alt). No Development Conference
Room Note: The Mayor will
continue to attend
ribboncutting
@remonies.
As set Duncan Enmeier (All): Na
Mayor and Mayor Pro No
for At City Orange County) Tem
OCFA ah Thursday Duncan Yes ($100 per
Boardroom, 1 of every meeting wth
Fire Authority maximum of 5300
Road, Irvine per month.
Speciai nates: This
appointment must
be made by
resolution.
Altematos vere
discontinued in
2015
Historic Preservation Ad Noc TBD TBD Enmeier Lottier (AIL) No Committes
Powers insurance Ally Sane La Palma Knablock Yes, 5100 per Wednesday. year.
4:30 p.m.
Investment Advisory Committes Josan Vien Quarterly, Cabral No onf. Roon 6:00 p.m.
4 the noday
egislative Delgate Program Mayor and Mayor Pro No
Representative to Senate Distria 3 Tem
City Council Regular Meeting Minutes June 6, 2023
Legislative Delegate Program - Mayor and Mayor Pro No
Representative to 740 Assembly Tem
Disray Task Force (range Goung) Tustin Library Quarterly, 4ih Loeffer No
Thursday.
4:00 p.m.
Mayors (South Orange County Rolating 200 Mayor No
Association of Mayors) Cities Thursday.
U.S. Manne Corps Liaison 7:30 a.m.
Cabral No
MWDOC Interaction of Elected Knoblack/Duncan No
Officials (AlL)
line South County Water Agencie Moulton No regular Knoblock/Duncan No This is the name of a group tha Niguel Water meetings. (AIL.) consists of nine South Orange County District Office but usually water agencies). held at noon
cn
Wednesdays
(such as the
fourth
Wednesday
of the
month
SCAG General Assembly Annual Knoblock/Cabral No
Meeting in
May
Social Service/Community Service Enmeier No
Budgat Committee
South Orange County Watershed Knoblock/Rebensdorf No
Management Area Executive (AIt.)
Committee
Vector District Knoblack (term expires Yes ($100 per
(Orange County Mosquito and Vector Office. Thursday January 2024) month Control Board) Garden 3:00 p.m.
Grove
Wall of Recognition Duncan No
Subcommittee List
Name Date Active Council Member Appointed Staff Recommendation / Notes Design Review Subcommittee 10-16-2007 YES one member pe PIC 232020 € No action Each Councilmember to appoint one
Amphitheater Citizens Committee August 2022 YES member Reconsider at June 20, 2023 meeting Reconsider continuing with subcommittee
Homeless Subcommittee January 2023 YES Loeffler and Enmeier in June 2024
City Council Regular Meeting Minutes June 6, 2023
(2) VACANCY ON THE PUBLIC SAFETY COMMITTEE DUE TO THE
APPOINTMENT OF RICK LOEFFLER TO CITY COUNCIL
Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 5-0, to:
1. Direct staff to advertise for the vacancy on the Public Safety Committee and solicit applications for a technical professional with a public safety background to fill the position.
2. Schedule a meeting on July 18, 2023 at 4:00 p.m. to interview applicants and appoint a member to the Public Safety Committee.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
D. City Attorney
None.
E. City Manager
Announcement of Contracts Approved and Executed by the City Manager City Manager Hall reported that the following professional services contract was executed under his authority: Duncan Engineering providing for structural engineering consulting services for the lifeguard towers replacement in the amount of $24,050.
14. Adjournment
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to adjourn at 10:34 p.m. The next Regular Meeting will be held on June 20, 2023. Closed Session will begin at 5:00 p.m. The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
MAYOR of the City of
San Clemente, California
ITY CLERK of the t
San Clemente, California