Agenda packet, regular meeting, first session — San Clemente City Council, October 3, 2023 (part 4 of 4)

first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members, No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Arts and Culture Committee members until successors are appointed by the City Council and assume office.

2.45.040 Meetings—Attendance.

The Arts and Culture Committee shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Arts and Culture Committee meetings shall be established by resolution of the Arts and Culture Committee. Any member of the Arts and Culture Committee who is absent from two consecutive regular meetings of the Arts and Culture Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Arts and Culture Committee to be absent from three consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Arts and Culture Committee and the office shall be considered vacant.

2.45.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Arts and Culture Committee shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Arts and Culture Committee shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

2.45.060 Voting power of members.

The members of the Arts and Culture Committee shall each have one vote on any matter pending before the commission.
9 Attachment 1

2.45.070 Commission subject to state law, etc.

The Arts and Culture Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City.
10 ORDINANCE NO. 1761

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING CHAPTER 2.28 OF THE MUNICIPAL

CODE OF THE CITY OF SAN CLEMENTE,

RELATING TO THE BEACHES, PARKS AND
RECREATION COMMISSION AND CHAPTER 2.45

RELATING TO THE ARTS AND CULTURE

COMMITTEE
WHEREAS, at its meeting of September 14, 2023, the San Clemente City Council expressed the desire to change the Arts and Culture Committee from five to seven members and to update the responsibilities of the Committee to include feasibility of an amphitheater.

WHEREAS, with the establishment of the Coastal Advisory Committee, changes to the Beaches, Parks and Recreation Commission duties have been made; WHEREAS, these changes require amendments and additions to the San Clemente Municipal Code (SCMC); and
WHEREAS, the City Council introduced and conducted a first reading of the ordinance at its regular meeting of October 3, 2023 and considered any public input provided at that time; and
WHEREAS, updating the SCMC is in the City’s and public’s best interest.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1: Chapter 2.28 of the SCMC, relating to the Beaches, Parks and Recreation Commission, is hereby modified to read in its entirety as set forth in Exhibit A attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).

Section 2: Chapter 2.45, relating to the creation of an Arts and Culture Committee, is hereby is hereby modified to read in its entirety as set forth in Exhibit B attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions). .

Section 3: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Agenda Item: 10A
Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 4. This Ordinance shall become effective on November 16, 2023.

Section 5. Upon this Ordinance becoming effective, all previous Ordinances and Resolutions that are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 6. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, 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.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. , having been regularly introduced at the meeting of _______________________, 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 _____________, _______, 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 ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
Approved as to Form:
__________________________
Elizabeth A. Mitchell, City Attorney

EXHIBIT A
CHAPTER 2.28 - BEACHES, PARKS AND RECREATION COMMISSION

2.28.010 - Establishment of the Beaches, Parks and Recreation Commission; composition; appointment of members.

There is established a Beaches, Parks and Recreation Commission which shall consist of seven San Clemente citizens appointed by the City Council. It is preferred that two members of the Beaches, Parks and Recreation Commission possess expertise in ocean water quality and/or beach environmental stewardship.

2.28.020 Function.

The Beaches, Parks and Recreation Commission's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation ,and parkways, street trees and coastal issues, including ocean and beach quality;
B. Provide feedback on projects to be considered during Consider the annual budget for parks, beaches, recreation, parkways, street trees and coastal issues during the preparation of the annual budget and make recommendations with respect thereto to the City Council and the City Manager;
C. Assist in the planning of parks and support the coordination of recreation programs for the public, promote and stimulate public interests therein, and to that end solicit, to the fullest extent possible, the cooperation of all public and private agencies interested therein;
D. Evaluate and review park development plans of the City; E. Develop an annual work plan with specific goals and objectives for the coming year, The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
F. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission; and
G. Perform such other duties as may be prescribed by the City Council. (Prior code § 2A-3.7)

2.28.030 Beaches, Parks and Recreation Commission—Term of office.

The terms of office of members of the Beaches, Parks and Recreation Commission shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that four Commissioners are appointed in even-numbered years and three Commissioners are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Commission members assume office in July, the Commission shall select a chair and vice-chair from among its members, No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Beaches, Parks and Recreation Commissioners until successors are appointed by the City Council and assume office. (Ord. 1178 § 1 (part), 1996: prior code § 2A-3.2)

2.28.040 Meetings—Attendance.

The Beaches, Parks and Recreation Commission shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Beaches, Parks and Recreation Commission meetings shall be established by resolution of the Beaches, Parks and Recreation Commission. Any member of the Beaches, Parks and Recreation Commission who is absent from two consecutive regular meetings of the Beaches, Parks and Recreation Commission, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Beaches, Parks and Recreation Commission to be absent from two consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Beaches, Parks and Recreation Commission and the office shall be considered vacant.
(Prior code § 2A-3.3)

2.28.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Beaches, Parks and Recreation Commission shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Beaches, Parks and Recreation Commission shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.
(Prior code § 2A-3.4)

2.28.060 Voting power of members.

The members of the Beaches, Parks and Recreation Commission shall each have one vote on any matter pending before the commission.
(Prior code § 2A-3.5)

2.28.070 Commission subject to state law, etc.

The Beaches, Parks and Recreation Commission shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City. (Prior code § 2A-3.6)

EXHIBIT B
Chapter 2.45 ARTS & CULTURE COMMITTEE

2.45.010 Establishment of the Arts & Culture Committee; composition; appointment of members.

There is established an Arts and Culture Committee which shall consist of five seven San Clemente citizens appointed by the City Council and shall be actively involved in the arts.

2.45.020 Function.

The Arts and Culture Committee’s functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to the arts and cultural program including the feasibility of an amphitheater in San Clemente, developing and making recommendations on arts acquisition and proposals for art works for public buildings and public spaces; B. Recommend rules and regulations necessary for the administration, preservation, and perpetuation of fine arts, performing arts, and aesthetic aspects of the community and make recommendations with respect thereto to the City Council and the City Manager;
C. Elevate arts and cultural events and programming in San Clemente by providing direction and support for continued development and presentation of a variety of arts in the city; foster the inclusion of arts and cultural aspects in local events;
D. Evaluate and review arts and culture plans of the City; E. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
F. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission.

G. Perform such other duties as may be prescribed by the City Council.

2.45.030 Arts and Culture Committee —Term of office.

The terms of office of members of the Arts and Culture Committee shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that three Committee members are appointed in even-numbered years Created: 2023-05-08 13:20:20 [EST]
(Supp. No. 59, Update 1)

Page 8 of 9 ends

and two Committee members are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members, No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Arts and Culture Committee members until successors are appointed by the City Council and assume office.

2.45.040 Meetings—Attendance.

2.45.050 Filling of vacancies—Removal of members.

2.45.060 Voting power of members.

The members of the Arts and Culture Committee shall each have one vote on any matter pending before the commission.

2.45.070 Commission subject to state law, etc.

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: October 3, 2023 Agenda Item: 10B
Department: City Council
Prepared By Andy Hall, City Manager
Subject:

CITY COUNCIL CORRESPONDENCE WITH ORANGE COUNTY SUPERVISOR FOLEY Fiscal Impact:

None.

Summary:

On September 14, 2023, the City Council directed staff to prepare a letter from the City Council to Orange County Supervisor Foley seeking to collaborate on housing projects, specifically permanent supportive housing, that include funding from Orange County. In previous discussions, there has also been an interest expressed in seeking County assistance in getting opportunistic sand placed on the beach areas in San Clemente whenever possible. Both items have been included in the correspondence.

Background:

City Council policy allows members of the City Council to place items on a future agenda with a second, and with a third, staff is directed to prepare a staff report for consideration. In this instance, at least three members of the City Council directed staff to prepare a letter from the City Council to Supervisor Foley requesting that collaboration between the City and the County occur whenever County funds are used in housing projects, specifically permanent supportive housing, within San Clemente.

The purpose for collaboration is to ensure that the objectives of the City are aligned with those of the County. It is possible that County funding could be provided to a project that results in the displacement of existing residents. In this type of circumstance, the City Council would like the City to be included in the decision-making process to avoid solving one problem only to create another, potentially larger issue. Conversely, there could be circumstances where City involvement may result in an enhanced project with additional units, project consolidation or other benefits to a housing project. Either way, the City Council has determined that better communication will improve the process of County subsidized housing in San Clemente.

The correspondence also includes a request to provide assistance in getting sand placed on San Clemente beaches when possible. Several weeks ago, Supervisor Foley was instrumental in getting sand placed on Capistrano Beach. The City Council is hopeful that future projects would include some of the beach areas in San Clemente.
1 Meeting Date: October 3, 2023 Agenda Item: 10B

CITY OF SAN CLEMENTE
Council Options:
 Approve the letter as proposed and direct staff to send the letter to Supervisor Foley.  Modify and approve the letter and direct staff to send the letter to Supervisor Foley.  Reject the letter.

Environmental Review/Analysis:

This is not a project as defined by the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Provide direction in relation to correspondence with Supervisor Foley. ..end
Attachment:

Draft Letter to Supervisor Foley
2 City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier
Rick Loeffler

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
October 3, 2023
Supervisor Katrina Foley
400 W Civic Center Dr.

Santa Ana, CA 92701
Supervisor Foley,
Thank you for your efforts to improve Orange County and specifically your representation of San Clemente. We hope you always feel welcome in our community and know that you can count on our support when you are working for the betterment of the entire County.

On a regular basis, you ask each of us if there is anything you, or the County, can do to assist the City of San Clemente. In the spirit of collaboration, there are a couple of items that we would like you to consider that would greatly benefit the City of San Clemente.

1. On occasion, the City is approached by interested parties regarding the conversion of multifamily units and/or hotel/motel rooms into Permanent Supportive Housing in San Clemente. The parties indicate that they have secured funding from the County for these projects. It would be very beneficial, when the County is considering financial support for a permanent supportive housing or other housing projects in San Clemente, if your staff could consult with the City Manager prior to final approval of the funding.

In some instances, the proposed uses are inconsistent with the objectives of the City Council. For instance, the proposed project may result in the displacement of existing lower income residents thus creating a different, but equally difficult, challenge in the community. In the past, we have had situations where private or non-profit interests have purchased a property in the City and displaced many of our long term “working” Hispanic community, long term San Clemente Asian citizens, hard-working low income working poor, seniors, and disabled members of the community. We certainly do not want to experience funding from Orange County invested in San Clemente that solves one problem, but creates a larger one for our community.

In other situations, early involvement with the City may lead to an enhanced project, perhaps even additional units or consolidation with adjacent proposals. In any case, early and effective collaboration between the City and the County will almost always result in a better project.

CELEBRATING 90 YEARS OF INCORPORATION
3 an
-Clemente

Page 2 ends

_______________________________
Kathleen Ward
Mayor, City of San Clemente
To reiterate, we have been told by community non-profit organizations that they have a commitment from the Orange County, through your office, to invest funds for the purchase of properties in San Clemente that would be transitioned into permanent supportive housing. We are mindful that you have spoken publicly, and privately, on many occasions promising that you would not fund housing alternatives without the City asking for that investment. We trust you will honor your commitment and look forward to working with you on any County investment in housing projects in San Clemente.

2. The City has recently hired a new Coastal Administrator. Your success in placing sand on the beach at Capistrano Beach was very well received and will benefit both Dana Point and the City of San Clemente. The City is currently working with the County to obtain a Sand Compatibility and Opportunistic Use Program Permit (SCOUP) to take advantage of similar situations. If an opportunity ever arises to place sand on the beach in San Clemente, even through emergency actions like those taken at Capistrano Beach, please let us know. We would be eager to pursue any opportunities for the placement of sand on local beaches.

Once again, thank you for everything you do to assist and represent the City of San Clemente.

If you have any questions or would like to clarify anything in this correspondence, please do not hesitate to contact the City Manager.

Respectfully,
Chris Duncan, Mayor Victor Cabral, Councilmember
Mark Enmeier, Councilmember Steve Knoblock, Councilmember Rick Loeffler, Councilmember
4

San Clemente City CouncilOctober 3, 2023

San Clemente City Council
October 3, 2023