San Clemente City Council
January 16, 2024

4710 Elwood, Suite 9
Phoenix AZ 85040
E: [email protected]
RE: Notice of Intent to File Suit Under the California Environmental Quality Act.

Dear City of San Clemente, County of Orange, American Tower Management LLC, and DISH Wireless LLC:

On behalf of HARBOR VIEW ESTATES HOMEOWNERS ASSOCIATION (“Petitioner”), this office is contacting you regarding the City of San Clemente’s (“City”) Voluntary Compliance Agreement (“Agreement”) with American Tower Management, LLC (ATC) dated July 6, 2023, and regarding the modification, restoration, and operation of the wireless communication facility (WCF) located at 616 Del Dios, San Clemente, California 92672 (APN 690-552-05).

Please take notice, pursuant to Public Resources Code (PRC) section 21167.5, that Petitioner intends to file a Verified Petition for Peremptory Writ of Mandate and Complaint for Declaratory and Injunctive Relief (“Petition”), under the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code, §§ 21000, et seq.) against Respondents and Real Parties in Interest City of San Clemente, County of Orange (“County”), American Tower Management, LLC, DISH Wireless LLC (“Dish” or collectively with City, County, and ATC, “Respondents”) challenging the validity and enforceability of the Agreement, effectively approving the modification, restoration, and operation of the WCF.

The Petition being filed will seek the following relief:

A. Writ of mandate rendering the Agreement invalid and unenforceable; B. Revocation of the 1962 CUP;
C. Declaration that the County’s approval of the 1962 CUP failed to comply with CEQA, the California Government Code, the Orange County Code, and the California and U.S. Constitutions.

D. For a temporary stay, temporary restraining order, and preliminary and permanent injunctions enjoining Respondents and Real Parties in Interest, and their agents, employees, officers or representatives, and all persons acting in concert or participating with Real Parties in Interest from taking any action to implement the project, unless and until Respondents fully comply with CEQA; E. For a declaration of the rights and duties of the parties hereto, including but not limited to a declaratory judgment that Respondents violated its duty pursuant to CEQA;
861
City of San Clemente, 616 Del Dios Wireless Communications Facility – Notice of Intent to Sue January 4, 2024

F. For Petitioner’s fees and costs, including reasonable attorneys’ fees and costs, as authorized by California Code of Civil Procedure section 1021.5 and any other applicable provisions of law; and
G. For such other relief as this Court deems appropriate and just.

Petitioner urges Respondents to rescind the Agreement, as well as any existing Project approvals.

Very Truly Yours,
Mitchell M. Tsai
Attorneys for Petitioner HARBOR VIEW

ESTATES HOMEOWNERS ASSOCIATION
862
City of San Clemente, 616 Del Dios Wireless Communications Facility – Notice of Intent to Sue January 4, 2024

PROOF OF SERVICE
I, Malou Reyes, declare as follows:

I am a resident of the State of California, and employed in Pasadena, California. I am over the age of 18 years and am not a party to the above-entitled action. My business address is: 139 South Hudson Avenue, Ste. 200, Pasadena, California 91101
On January 4, 2024, I served a copy of the foregoing document(s) entitled:

Notice of Intent to File Suit Under the California Environmental Quality Act on the following parties:

Jonathan Lightfoot, City Planner
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
P: (949) 361-8254
E: [email protected]
E: [email protected]
E: [email protected]
E: [email protected]
E: [email protected]
E: [email protected]
County of Orange
County Administration North
400 West Civic Center Drive
Santa Ana, CA 92701
P: (855) 886-5400, (714) 744-2211
E: [email protected]
American Tower Management, LLC
VIA: Allen Matkins Leck Gamble Mallory & Natsis LLP
ATTN: Emily L. Murray
865 South Figueroa Street, Suit 2800
Los Angeles, CA 90017
P: (213) 622-5555
E: [email protected]
DISH Wireless LLC
ATTN: Timothy A. Messner
863
City of San Clemente, 616 Del Dios Wireless Communications Facility – Notice of Intent to Sue January 4, 2024

9601 South Meridian Boulevard
Englewood, CO 80112
DISH Wireless LLC
VIA: Tower Engineering Professionals
4710 Elwood, Suite 9
Phoenix AZ 85040
E: [email protected]
By depositing a true and correct copy in a sealed envelope with the United States Postal Service with postage fully prepaid as well as by electronic service, via either electronic transmission or notification.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed on January 4, 2024 at Pasadena, California.

Paralegal
864
~Re'!JBY-
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: January 16, 2024 Agenda Item: 8D
Department: Planning Division
Prepared By Jonathan Lightfoot, City Planner
Adam Atamian, Community Development Director
Subject:
..titl e

INTRODUCTION (FIRST READING) OF ZONING TEXT AMENDMENT TO SAN CLEMENTE MUNICIPAL CODE SECTION 17.28.206 – TEMPORARY PARKLET DINING, CONSIDERATION OF A RESOLUTION

CONTINUING THE PARTICIPATION FEE AND FINDING THE ACTIONS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
..body
Fiscal Impact:

Should the Council approve this Zoning Amendment and related Resolution, staff would collect monthly license fees from participating businesses. Staff anticipates additional revenues between five and ten thousand dollars ($5,000-$10,000) per month into the General Fund.

Summary:

The Planning Commission held a public hearing on December 6, 2023 to review the proposed Zoning Amendment and voted to recommend that the Council approve Zoning Amendment 23- 424 to extend the termination date of the City’s temporary parklet dining program regulated by the San Clemente Municipal Code (SCMC) section 17.28.206 to July 1, 2026, which is the maximum extension allowed by Assembly Bill 1217. Additionally, the Planning Commission did not recommend any alterations to the existing design guidelines for the parklet program, but did recommend that the City (1) increase enforcement of time limited parking on Avenida Del Mar; and (2) only enter into renewed license agreements with operators who are current on all invoices/fees related to the parklet program.

The following findings must be made to approve the proposed Zoning Amendment. The draft Ordinance (Attachment 1) provides an assessment of the project’s compliance with these findings.

Zoning Amendments Section 17.16.040(F)(1), Required Findings. a) The proposed amendment is consistent with the General Plan. b) The proposed amendment will not adversely affect the public health, safety and welfare.

Background:

In response to the COVID-19 pandemic, the City of San Clemente was one of the first cities to implement outdoor dining in support of its local business community. This concept spread quickly, and provided an increased sense of safety during the pandemic and also a renewed vibrancy in public spaces.
1 Meeting Date: January 16, 2024 Agenda Item: 8D

CITY OF SAN CLEMENTE
With cities initially relying on local emergency orders to implement and maintain these programs, the state legislature approved a few bills that would allow for the continuation of “parklets” for outdoor dining beyond the termination of these local emergency orders. In late 2021, the Governor signed legislation AB 61 and SB 314, which encouraged local outdoor dining programs, with a termination date of December 31, 2023. The League of California Cities summarized SB 314 and AB 61 in their 2021 Legislative Report. The City Council subsequently directed staff to seek input from both the Design Review Subcommittee and Planning Commission prior to returning to Council in March of 2022 with a proposal to resume outdoor dining under these enabling statutes. The Council adopted Planning Commission’s recommendation, adopting Ordinance 1727 on April 5, 2022, which enacted SCMC section 17.28.206 to regulate temporary parklet dining areas.

With the approach of the December 31, 2023 expiration of AB 61 and SB 314, the state legislature passed AB 1217 to further extend the enabling framework for outdoor dining until July 1, 2026. On November 7, 2023, the City Council initiated consideration of an amendment to SCMC 17.28.206 to reflect this extension. The Planning Commission considered the item on December 6, 2023, and recommended that the Council approve Zoning Amendment 23-424, which would extend the expiration of the Parklet Ordinance through July 1, 2026. A proposed redlined version of this Section is provided as Exhibit A of Attachment 1. A sample of some of the program standards are listed in the following section.

Temporary Parklet Dining Regulations in SCMC section 17.28.206 Ordinance 1727 established temporary regulations and design guidelines within SCMC section

17.28.206, which incorporated recommendations from the Design Review Subcommittee and the Planning Commission. This Section set regulations such as:
 Allowing dining areas to encroach into required or public parking areas;  Requiring concrete planters as buffers between parklets and traffic flow;  Limiting the number of parking spaces that may be converted to parklets;  Establishing consistent design standards for parklets;  Requiring a parking relief fee, to be charged on a monthly basis within the Limited Term Parking Relief Agreements;
 Allowing additional food and beverage uses beyond “indoor restaurants” to participate:
e.g., coffee shops, bakeries, and breweries;
 Establishing sign criteria; and
 Establishing an administrative (“over-the-counter”) process for expanded outdoor dining areas that meet prescribed guidelines for the temporary program; and  Referencing an “Parklet Design Guidelines” document that provides imagery and intent for the design of these spaces.

The Planning Commission reviewed the current operating standards and design guidelines and recommends that the City Council maintain the current program as-is, with an extension through July 1, 2026.

On March 15, 2022, the City Council established a participation fee of four dollars ($4) per square foot per month for parklets on public property and one dollar ($1) per square foot per month for parklets on private property to be incorporated in the Limited Term Parking Relief Agreement. 2 Meeting Date: January 16, 2024 Agenda Item: 8D

CITY OF SAN CLEMENTE
These fee amounts were applied between 2021-2023. Staff is recommending the same fee amounts be maintained for Limited Term Parking Relief Agreements through the adoption of proposed Resolution No. 24-10 (Attachment 2).

Council Options:
 The City Council could decline to approve Zoning Amendment 23-424 and Resolution No. 24-10. With this action, the existing expiration provision of SCMC Section 17.28.206 would remain unchanged as December 31, 2023. The temporary parklet program would be terminated, and the participating businesses would need to proceed with removal of any parklets/decks that were authorized under the program.
 The City Council could approve Zoning Amendment 23-424 and Resolution No. 24-10 and introduce and conduct the first reading of Ordinance No. 1772, which would extend the temporary parklet program through July 1, 2026 if adopted following a second reading.  The City Council could approve Zoning Amendment 23-424 and Resolution No. 24-10 with modifications to program design standards, operational guidelines, participation fee or expiration date and introduce and conduct the first reading of Ordinance No. 1772 with modifications incorporated, which could extend the temporary parklet program through no later than July 1, 2026.
 The City Council could continue the item and request more information.

Environmental Review/Analysis
The proposed amendment would extend the City’s Parklet Program to July 1, 2026 in accordance with Assembly Bill 1217. The amendment does not require Coastal Commission review because it constitutes non-permanent outdoor dining standards including guidelines for temporary facilities, which is consistent with the state legislature’s approval of AB 1217. The City would need to apply for a Coastal Development Permit (CDP), however, for any future Zoning Amendment that incorporates permanent Code changes that allow for permanent expansions of outdoor dining facilities or reduced parking requirements. Some cities have already implemented permanent outdoor dining streamlining procedures, such as San Diego’s “Spaces as Places” program through the CDP process.

Staff and the Planning Commission recommends that Zoning Amendment 23-424 be found categorically exempt from the California Environmental Quality Act (CEQA), including under CEQA Guidelines Section 15301 (14 CCR § 15301, Class 1: Existing Facilities); Section 15303(e) (14 CCR 15303(e), Class 3: New Construction or Conversion of Small Structures); Section 15304(e) (14 CCR § 15304(e), Class 4: Minor Alterations to Land); Section 15305(b) (14 CCR § 15305(b), Class 5: Minor Alterations in Land Use Limitations); and Section 15311 (14 CCR § 15311, Class 11: Accessory Structures).

Resolution No. 24-10 establishing the parklet dining program fee is statutorily exempt from CEQA under CEQA Guidelines Section 15273 (14 CCR § 15273, Rates, Tolls, Fares, and Charges).

Recommended Actions:

Staff Recommendation ..recommendation
3 Meeting Date: January 16, 2024 Agenda Item: 8D

CITY OF SAN CLEMENTE

1. Open the public hearing, receive the staff report and public comments and testimony, and close the public hearing.

2. Determine Zoning Amendment 23-424 is consistent with the intent of the state enabling legislation (Assembly Bill 1217) because it establishes a temporary parklet program that regulates the time, place, and manner of temporary outdoor dining facilities as encouraged by the State of California and is categorically exempt from the CEQA under CEQA Guidelines Section 15301 (14 CCR § 15301, Class 1: Existing Facilities); Section 15303(e) (14 CCR § 15303(e), Class 3: New Construction or Conversion of Small Structures); Section 15304(e) (14 CCR § 15304(e), Class 4: Minor Alterations to Land); Section 15305(b) (14 CCR § 15305(b), Class 5: Minor Alterations in Land Use Limitations); and Section 15311 (14 CCR § 15311, Class 11: Accessory Structures).

3. Introduce and conduct the first reading of Ordinance No. 1772 entitled “An Ordinance of the City of San Clemente, California, amending Section 17.28.206 of the San Clemente Municipal Code, Regulating Temporary Parklet Dining, which Establishes Standards for Outdoor Dining Areas and Sunsets on July 1, 2026”; and

4. Adopt Resolution No. 24-10, which would establish a participation fee of four dollars ($4) per square foot per month for parklets on public property and one dollar ($1) per square foot per month for parklets on private property to be incorporated within the updated Limited Term Parking Relief Agreement and find such fee statutorily exempt from CEQA under CEQA Guidelines section 15273 (14 CCR § 15273, Rates, Tolls, Fares, And Charges). These fee amounts would be unchanged from the rates applied between 2021-2023. ..end
Attachment:

1. Ordinance No. 1772, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 17.28.206 OF THE SAN CLEMENTE

MUNICIPAL CODE, REGULATING TEMPORARY PARKLET DINING, WHICH

ESTABLISHES STANDARDS FOR OUTDOOR DINING AREAS AND SUNSETS ON JULY 1, 2026
a. Exhibit A: Redline Amendments to SCMC 17.28.206 – Temporary Parklet Dining

2. Resolution No. 24-10
Notification:

Publication in the San Clemente Times. Electronic notifications were also provided to the San Clemente Chamber of Commerce, the San Clemente Downtown Business Association, and to current participants of the Parklet program.
4 Attachment 1
ORDINANCE NO. 1772

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

17.28.206 OF THE SAN CLEMENTE MUNICIPAL CODE,

REGULATING TEMPORARY PARKLET DINING, WHICH

ESTABLISHES STANDARDS FOR OUTDOOR DINING
AREAS AND SUNSETS ON JULY 1, 2026.

WHEREAS, after the 2021 legislative session, the Governor of the State of California signed into law various bills supporting small businesses, including AB 61 and SB 314, which provide regulatory flexibility in the service areas for alcohol and relief from parking standards while encouraging local agencies to adopt ordinances and regulations as are herein proposed that streamline the approval for outdoor dining; and WHEREAS, on November 16, 2021, the City Council directed staff to initiate a Zoning Amendment to establish a new temporary outdoor dining program as promoted by AB 61 and SB 314; and
WHEREAS, proposed regulations and design guidelines were discussed by the City’s Design Review Subcommittee (DRSC) on December 15, 2021 and January 12, 2022 and also by the Planning Commission on February 16, 2022; and WHEREAS, on March 2, 2022, the Planning Commission held a duly noticed public hearing on the zoning amendment, and considered evidence presented by City staff and other interested parties and recommended approval of the zoning amendment; and WHEREAS, on March 15, 2022, the City Council held a duly noticed public hearing on Ordinance 1727 and adopted the ordinance on April 5, 2022 upon its second reading of San Clemente Municipal Code (SCMC) section 17.28.206, which expired, consistent with AB 61 and SB 314 on December 31, 2023; and
WHEREAS, the Governor of the State of California signed into law AB 1217 after the 2023 legislative session, which extends the framework for outdoor dining facilities until July 1, 2026; and
WHEREAS, on November 7, 2023, the City Council initiated a Zoning Amendment to consider extending the Parklet Program governed by SCMC section 17.28.206 for Temporary Outdoor Dining until July 1, 2026; and
WHEREAS, on December 6, 2023, the Planning Commission held a duly noticed public hearing regarding Zoning Amendment 23-424 and considered the facts and evidence presented within the staff report and by any interested members of the public and recommended that the City Council approve Zoning Amendment 23-424; and 5 Ordinance No. 1772 Page 2
WHEREAS, on January 16, 2024, the City Council held a duly noticed public hearing regarding Zoning Amendment 23-424 and considered the facts and evidence presented within the staff report, the recommendation of the Planning Commission, and testimony by any interested members of the public.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the Planning Commission as fully set forth in this resolution.

Section 2. CEQA Findings.

Based upon its review of the entire record, including the staff report, any public comments or testimony presented to the City Council and the Planning Commission, and the facts outlined below, the Planning Commission determined, and the City Council agrees, that Zoning Amendment 23-424 is consistent with the intent of the State enabling legislation (AB 1217) which encourages local agency adoption of ordinances that support small businesses through the adoption of outdoor dining programs and policies. The City Council finds and determines that Zoning Amendment 23-424 is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (14 CCR § 15301, Class 1: Existing Facilities); Section 15303(e) (14 CCR § 15303(e), Class 3: New Construction or Conversion of Small Structures); Section 15304(e) (14 CCR § 15304(e), Class 4: Minor Alterations to Land); Section 15305(b) (14 CCR § 15305(b), Class 5: Minor Alterations in Land Use Limitations); and Section 15311 (14 CCR § 15311, Class 11: Accessory Structures) because the Ordinance temporarily extends current regulations and guidelines for temporary outdoor dining spaces and activities adjacent to existing food and beverage businesses, which constitute minor encroachments into the City’s rights-of-way and will not result in a direct or foreseeably indirect substantial impact on the environment.

Section 3. Zoning Amendment Findings
With respect Zoning Amendment 23-424, the City Council finds as follows:

A. The proposed amendments are consistent with the General Plan and numerous General Plan Policies, such as:
• LU-11.03. Flexibility. We allow flexibility to accommodate market changes for the mix of uses identified in the Del Mar/T-Zone Mixed Use Guide, if doing so promotes
6 Ordinance No. 1772 Page 3
achieving the Area’s vision and improves livability,
reduces vehicular trips, creates community gathering
places and activity nodes, or helps strengthen its
character and identity.
• LU-11.04. Outdoor Dining. We encourage the
development of outdoor dining and other similar uses
which do not impede pedestrian use of the sidewalks.
• LU-11.05. Bike and Pedestrian Environment. We provide a high quality bicycle and pedestrian environment with
“living street” designs, consistent landscaping, lighting, sidewalks, traffic calming measures, bikeways and trails, consistent with the Bicycle and Pedestrian Master Plan, Tree Ordinance and Design Guidelines.
• M-2.54. Beneficial Commercial Uses on Public Sidewalks.

We may approve certain commercial uses on public
sidewalks in the Pedestrian Overlay District when those uses benefit the overall pedestrian environment.

The proposed amendment would update a regulatory document, the Municipal Code, to implement a temporary program for outdoor dining that improves the street scene and environment, supports local businesses, and “creates community gathering places”, strengthening the community character as referenced in LU-11.03.

B. The proposed amendments will not adversely affect the public health, safety, and welfare, in that they further the General Plan objectives of meeting community values, needs and conditions.

Section 4. Municipal Code Title 17 Zoning Amendment.

SCMC section 17.28.206 shall be amended to reflect a program termination date of July 1, 2026, consistent with Assembly Bill 1217. Redline revisions reflecting this change are appended as Exhibit A to this Ordinance and incorporated herein by this reference (underlines indicate additions and strikeouts indicate deletions).

Section 5. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 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.

Section 6. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings 7 Ordinance No. 1772 Page 4
and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 7. Severability.

If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

Section 8. Effective Date.

This Ordinance takes effect within 30 days after adoption of this Ordinance by the City Council.

Section 9. Reference to Existing Provisions.

All existing provisions of the Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.

APPROVED AND ADOPTED this ___th day of ______, 2024.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
8 Ordinance No. 1772 Page 5

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. 1772 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 _____________, 2024, 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
9 Attachment 1

17.28.206 Temporary Parklet Dining
A. Purpose and Intent. The temporary parklet regulations and design standards are established under State enabling legislation (AB 1217), which allow local agencies to adopt a program to support local business recovery from the impacts of the coronavirus pandemic by providing relief from parking restrictions to accommodate outdoor dining.

B. This Section models the State's intent to allow for a streamlined process to expand temporary outdoor dining areas. This program is temporary, with a termination date of July 1, 2026. Requests for Permanent Outdoor Dining areas on either private or public property should refer to SCMC 17.28.205 - Outdoor Dining Areas.

C. Applicability. This section shall apply to temporary outdoor facilities that are accessory to a food or beverage business licensed in the City of San Clemente. The facilities may be established:
a. On the public right-of-way on streets with a speed limit of 25 mph or less; or b. On private property.
c. Additionally, a business may apply for use of sidewalk space where the public path of travel is greater than 10 feet in width under the exception process outlined in subsection D.

D. Review Requirements. Requests for Parklet Permits that comply with this title and the approved Parklet Design Guidelines will be approved ministerially.
a. General standards: These regulations apply to all temporary outdoor food and beverage spaces, both on public and private property:
i. Hours of operation.

1. Alcohol, food, or beverages shall not be served or allowed within the outdoor dining area:
a. Before 7:00 a.m. and after 9:00 p.m. Sunday through Thursday; and b. Before 7:00 a.m. and after 10:00 p.m. Friday through Saturday and the day prior to a City Holiday.

2. Outdoor Dining Areas shall comply with all State of California Department of Alcoholic Beverage Control license requirements, as applicable.
ii. Use of space.

1. Smoking or vaping shall not be permitted within the outdoor dining areas.

2. Outdoor cooking and food preparation within the outdoor dining area is prohibited.

3. Live entertainment, including but not limited to live music and performances, is not permitted within the outdoor dining area and must be requested separately via a Special Events Permit or Special Activities Permit.
iii. Accessibility.

1. A path of travel not less than five feet in width must be maintained free and clear adjacent to any outdoor dining area.

2. An accessible path of travel shall connect the sidewalk to the accessible entry, deck surface, wheelchair turning space, and wheelchair resting space.

3. A clear area of 60 inches in diameter located entirely within the outdoor dining area shall be provided for wheelchair turning, with a maximum overlap of 12 inches on the curb and sidewalk.
10 4. At least one wheelchair accessible seating space shall be provided for every 20 seats, or portion thereof.

5. Accessible Deck Surface:
a. The accessible deck surface maximum cross slope (perpendicular to the sidewalk or curb) and the maximum running slope (parallel to the curb) shall not exceed two percent.
b. The surface of the accessible route, clear floor spaces, and turning spaces shall be firm, stable, and slip-resistant.
c. Openings in floor or deck surfaces shall not allow the passage of a sphere more than half an inch in diameter. Elongated openings shall be placed so that the longer dimension is perpendicular to the dominant direction of travel. iv. Design Guidelines: Additional guidelines may be contained within the City's Parklet Design Guidelines, which the City may adjust from time to time. v. Exceptions: Exceptions to the standards listed herein shall require a review by the Design Review Subcommittee, which shall provide a recommendation to the Community Development Director or Deputy Director. The Community Development Director shall make a final determination, appealable to the Planning Commission per the City's standard Appeals process (See 17.12.140 - Appeals of an Action).
b. Parklets in the Street (Public Right-of-Way):
i. Allowed Locations: Parklets may only be located adjacent to eating and drinking establishments at the following locations:

1. Within the curb lane on streets where on-street metered or unmetered parking spaces exist adjacent to the front of the eating and drinking establishment; and

2. Behind the buffer zone as indicated within the Parklet Design Guidelines. Each business is responsible for its own costs associated with procurement and installation of the buffer zone and parklet materials.

3. Parklets may occupy up to three angle-in parking spaces or up to two parallel parking spaces. No more than six consecutive spaces may be used for outdoor dining operations. ii. Prohibited locations: Parklets may not be located or placed at any of the following locations:

1. Along a street segment with a speed limit greater than 25 miles per hour.

2. Within 10 feet away from any intersection, street corner, alley, or driveway. The Public Works Department may increase or decrease this distance based on a site specific review of line of sight conditions; and

3. Within an existing bike lane or within a proposed bike lane project identified in any of the City's comprehensive bicycle plan(s) or adopted land use plan(s).

4. Within five feet of storm drain inlets or cleanouts.

5. Over utility access panels, manhole covers, handholes, transformers, water meters, or water valves.

6. Within five feet of a fire hydrant and/or any related emergency equipment.

7. Within five feet of any natural gas or electric utility facility, including but not limited to any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers, or green utility boxes.
11 iii. Limitations:

1. Parklets may occupy an on-street ADA parking space that is adjacent to the business's frontage; however, this request requires an applicant undergo the additional exceptions process, requiring review by the Design Review Subcommittee (DRSC) with input from the Public Works Director. The applicant shall be responsible for any costs associated with relocating accessible parking space, which shall be within 150 feet from the original space.

2. The number of temporary parking waivers approved in the Downtown Parking Study area as part of the Limited Term Parking Relief Agreements shall not exceed 117, which is the number of unutilized parking waivers in the Downtown Parking Study Area as of February 16, 2022. (See SCMC 17.64.125.A.2).
a. A maximum of 42 parking spaces may be used on Avenida Del Mar for the purpose of parklets.

3. Parklets are limited to 24 seats per business.
iv. Design Requirements for Parklets on public streets: Businesses should reference the City's Parklet Design Guidelines, which include (but are not limited to) the following standards:

1. The width of the parklet shall not extend within four feet of the edge of the street travel lane.

2. A parklet shall provide a setback of at least two feet from adjacent vehicle parking spaces.

3. The deck of the parklet platform shall be flush with the sidewalk.

4. Street deck/platforms should have a five inches by 18 inches minimum opening for curb drainage, unless approved otherwise by the City Engineer.

5. Openings in floor or deck surfaces shall not allow the passage of a sphere more than half an inch in diameter.

6. Bolting of fixtures, decks, and other surfaces into or onto the street, or otherwise penetrating into the surface of the road, shall not be permitted.

7. A 42 inch high railing shall be placed at the edge of the parklet to serve as a barrier from vehicular traffic.

8. No object, structure, or fixture shall stand or be placed more than 42 inches above the floor of the parklet, except for umbrellas and standing heaters, which may be up to eight feet in height. The business is responsible for securing umbrellas and heaters from wind.

9. Umbrellas with an overhang of a minimum of 84 inches from the finished grade of the deck and/or sidewalk may be used in conjunction with a parklet, but no other covering, awning, roof, or shelter is permitted over the parklet. The canopy of the umbrella shall be contained within the parklet and shall not protrude into the sidewalk, adjacent parking spaces, adjacent parklets, or the travel or bike lane.

10. Solar powered lights shall be permitted within the parklet, but electrical lighting elements that contain wires that cross the clear path of travel shall not be permitted.

11. Signs: Only blade, menu, or stanchion signs are permitted within or around the parklet.

Each business may only have four square feet of such signage, where only one side of a double-faced sign is counted toward this limit. Signs shall not exceed seven feet in height and shall not overhang the public sidewalk, adjacent parking spaces, adjacent parklets, or the travel or bike lane.
a. A business that shares the frontage area of an adjacent business (which itself does not have its own parklet area) shall also pay for and produce a four 12 square-foot blade sign with the name of the neighboring business using that business's trademark or logo if applicable. The neighboring business may waive this requirement in writing to the City if they do not desire the additional signage.
b. Signs shall be specifically identified and requested within the Parklet application and shall not require a separate Administrative Sign Permit. c. Parklets on Private Property:
i. Allowed Locations: Parklets may be permitted in any Zone as an accessory use of any food or beverage business with an active San Clemente Business License.

1. Private Parklets may be established on private property in areas that do not obstruct required paths of travel and do not remove more than three parking spaces attributed to the business.

2. The locations on private property should be within parking stalls, unless approved otherwise by the City Engineer or City Planner.
ii. Prohibited locations: Parklets may not be located or placed at any of the following locations:
a. ADA parking stalls.
b. Within five feet of a fire hydrant and/or any emergency equipment. c. Within five feet of any natural gas or electric utility facility, including the perimeter of any manholes, handholes or vaults, and any surface-level structures such as natural gas meters, monitors, pressure regulators, protection stations, poles, curbside electric meters, transformers, or green utility boxes.
iii. Design Requirements for Parklets on private property: Businesses should reference the City's Parklet Design Guidelines, which include (but are not limited to) the following standards:
a. Private parklets are encouraged, but not required, to construct wooden platforms or decks under 30 inches in height and flush with the nearest path of travel.
b. A parklet shall provide a setback of at least two feet from adjacent vehicle parking spaces.
c. A backup distance of 20 feet must be maintained between the parklet edge and nearby parking stalls.
d. Private parklets are encouraged to use market umbrellas for shade, but may use a single large tent (if approved by OCFA). They may not use 10- foot square pop up tents.
e. A 42 inch high railing shall be placed at the edge of the parklet to serve as a barrier from vehicular traffic within parking lots.
f. Parklets are limited to 24 seats per business.
d. Limited Term Parking Relief Agreement Requirements:
i. Prior to installation of any furniture or improvements and prior to operation of a parklet, an applicant shall obtain a Limited Term Parking Relief Agreement. 13 a. Requests for approval of Limited Term Parking Relief Agreements that comply with the standards set forth in 17.28.206 and the City's Parklet Design Guidelines shall be reviewed administratively and approved by the City Manager or his or her designee. b. Agreements shall specify a fee, as set by the City Council, for the use of and operation of the parklet;
c. Agreements shall require Insurance coverage, including Commercial General Liability, personal injury, and property damage liability, with minimum combined liability limits of $1,000,000.00 per occurrence.
ii. Additional standards for parklets in the street / public right-of-way:
a. Prior to installation of any furniture or improvements, a Limited Term Parking Relief Agreement must be executed between the City and the applicant.
b. Parklets shall follow standard dimensions and plans as indicated within the Parklet Design Guidelines. Deviations from the standard approved construction templates shall require review by the Design Review Subcommittee.
c. During hours of non-operation, tables shall be removed, but all chairs shall remain in a secured fashion that allows public access to the space outside of restaurant operating hours.
d. Limited Term Parking Relief Agreements may indicate certain dates or events during which the restaurant shall agree to public or non-profit use of the parklet space.
iii. Parklets shall be removed at the business operator’s expense within 30 days of the end of the Parklet Program, which expires July 1, 2026. ( Ord. No. 1727 § 4, 2022)
Editor's note(s)—Ord. No. 1594, § 3(Exh. A, § 29), adopted May 5, 2015 repealed § 17.28.206, which pertained to Outdoor dining areas on public property, permanent and accessory and derived from Ord. 1308 § 11, adopted in 2006; Ord. 1182 § 11, adopted in 1997; and Ord. No. 1561, § 3(Exh. A, §§ 14—16), adopted Nov. 27 2012.
14 ATTACHMENT 2
RESOLUTION NO. 24-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ESTABLISHING A

PARKLET DINING PROGRAM PARTICIPATION FEE AND

FINDING THE ACTION STATUTORILY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA),
UNDER CEQA GUIDELINES SECTION 15273 (14 CCR §
15273, RATES, TOLLS, FARES, AND CHARGES)
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the constitution and laws of State of California; and WHEREAS, the Governor of the State of California signed into law after the 2021 legislative session various bills supporting small businesses, including AB-61 and SB314, which provide regulatory flexibility in the service areas for alcohol and relief from parking standards while encouraging local agencies to adopt ordinances and regulations as are herein proposed that streamline the approval for outdoor dining; and WHEREAS, on November 16, 2021, the City Council directed staff to initiate a Zoning Amendment to establish a new temporary outdoor dining program as promoted by AB-61 and SB-314; and
WHEREAS, on March 15, 2022, the City Council held a duly noticed public hearing to consider Ordinance 1727 and establishment of a Parklet Dining Program Participation Fee, and adopted the Ordinance on April 5, 2022 upon its second reading of San Clemente Municipal Code (SCMC) section 17.28.206, which expired, consistent with AB 61 and SB 314 on December 31, 2023; and
WHEREAS, the Governor of the State of California signed into law AB 1217 after the 2023 legislative session, which extends the framework for outdoor dining facilities until July 1, 2026; and
WHEREAS, on November 7, 2023, the City Council initiated Zoning Amendment 23-424 to consider extending the Parklet Program governed by SCMC section 17.28.206 for Temporary Outdoor Dining until July 1, 2026; and
WHEREAS, on January 16, 2024, the City Council introduced Ordinance 1772 to extend the Parklet Program to July 1, 2026 at a duly noticed public hearing, considered the agenda report, including the policy considerations discussed therein, and the written and oral testimony received. The City Council has also reviewed and considered the Planning Commission's recommendation, and the agenda report and other evidence that was considered by the Commission, in connection with the proposed Zoning Amendment; and
15 Resolution No. 24-10 Page 2
WHEREAS, the City Council desires to establish the Parklet Dining Program Participation Fee.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Clemente as follows:

Section 1. That, the Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented, and the facts outlined below, the City Council hereby finds and determines that the proposed action is statutorily exempt from the California Environmental Quality Act (CEQA), under CEQA Guidelines section 15273 (14 CCR § 15273, Rates, Tolls, Fares, And Charges) which exempts the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies because this action only results in the establishment of a fee to meet the operating expenses of the temporary parklet dining program.

Section 3. A fee for participation in the temporary parklet dining program is hereby established at four dollars ($4) per square foot per month for parklets on public property and one dollar ($1) per square foot per month for parklets on private property, which fee is to be incorporated in the Limited Term Parking Relief Agreement for each program applicant and collection from each applicant of the fee as set forth herein is hereby authorized and approved.

Section 4. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are severable. The City Council declares that the City Council would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 5. The documents and materials associated with this Resolution that constitute the record of proceedings on which these findings are based are located at San Clemente City Hall, 910 Calle Negocio, San Clemente, CA 92673. The City Clerk is the custodian of the record of proceedings.

Section 6. Within five (5) working days after the passage and adoption of this Resolution, the City Council hereby authorizes and directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption relating to this action.

Section 7. This Resolution shall take effect immediately and automatically upon the effective date of an ordinance extending the City’s Parklet Program and shall sunset automatically upon the expiration of such Program.

PASSED, ADOPTED and signed this ____ day of ____, 2024. 16 Resolution No. 24-10 Page 3
ATTEST:
_______________________________ _____________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-10 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ____ day of ___, 2024, 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
17 RESOLUTION NO. 24-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, OPPOSING
PROPOSITION 1
WHEREAS, Proposition 1 has been placed on the March 2024 ballot by Sacramento Political leaders, which will completely rewrite the Mental Health Services Act; and,
WHEREAS, Proposition 1 is a bond and zoning proposal that will erode localcontrol and take away the rights of local municipalities to have separate zoning for substance use disorder facilities in residential communities; and, WHEREAS, it is estimated that Proposition 1 will cost taxpayers more than 10 billion dollars or implement unproven treatment programs in place of existing mental health programs; and
WHEREAS, this change in zoning would place substance abuse and addiction treatment facilities in residential neighborhoods; and, WHEREAS, Proposition 1 will divert funding for addiction recovery efforts to cover taxpayer subsidies for developers to build large-scale welfare housing projects across the state, at a cost estimate of up to $1 million per unit; and, WHEREAS, Proposition 1 is a massive hit to taxpayers to fund projects from largescale developers at the taxpayers ’expense at a time when California is already running record deficits.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The City Council of San Clemente opposes Proposition 1. The City of San Clemente stands for local control, public safety and for fiscal responsibility, and believes that decisions regarding zoning are best reserved for local elected officials.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
1 Agenda Item: 10A
Resolution No. 24-11 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-11 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, 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
2 RESOLUTION NO. 24-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING A

STATEMENT OF INTENT FOR EACH COUNCILMEMBER

TO ACT IN THE BEST INTERESTS OF THE ENTIRE CITY

FOLLOWING THE IMPLEMENTATION OF COUNCIL

ELECTION DISTRICTS
WHEREAS, the City Council was recently compelled to establish and enact City Council Districts for the election of City Council Members; and WHEREAS, in contrast to being elected “at-large” by all registered voters in the City, members of the City Council will now be elected "by-district" by only those registered voters who reside within a given district to represent that district; and WHEREAS, members of the public and Council Members have expressed a concern that the by-district election method may result in Council Members being more focused and involved with issues of interest in their district rather than the best interests of the City as a whole; and
WHEREAS, the City Council, collectively, desires to affirm to the public that each individual City Council Member will act in the manner they determine to be in the City's best interests.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Clemente as follows:

1. The foregoing recitals are true and correct, and incorporated herein.

2. Working in concert as a legislative body, the City Council makes decisions for the City based on the votes of individual Council Members. The current City Council, and all previous City Councils, were elected "at large" by the registered voters of the City. As such, each Council Member represented the entire City and was expected to vote and act in the best interests of the entire City. Over the course of the next two general municipal elections, the City Council will transition to being elected "by-district." This resolution provides each Council Member an opportunity to declare their intention to continue to endeavor to act in the best interests of the City as a whole, despite Council Members being elected to represent one of the City's four geographic districts.

3. An affirmative vote of a Council Member signifies a commitment to work with the other members of the City Council in the betterment of the entire City.

4. This Resolution shall take effect immediately upon adoption and will remain in effect until modified or rescinded by a majority vote of the City Council.

5. Council Members are encouraged to re-ratify this Resolution following each municipal election.

PASSED AND ADOPTED this _____ day of ____________________, _______. 1 Agenda Item: 10B
Resolution No. 24-12 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-12 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, 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
2 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: January 16, 2024 Agenda Item: 10C
Department: City Manager
Prepared By Andy Hall, City Manager
Laura Campagnolo, City Clerk
Subject:
..titl e
CONSIDERATION OF A RESOLUTION AMENDING POLICY 1201-11 (CITY COUNCIL

MEETING AND OPERATING PROCEDURES) CONCERNING ALLOWING PUBLIC

COMMENTS ON THE CONSENT CALENDAR PRIOR TO CITY COUNCIL VOTING ON THE CONSENT CALENDAR ..body
Fiscal Impact:

None.

Summary:

From time to time, it is good to review City policies and consider whether updates and changes consistent with applicable law and best practices should be made. The City Council currently allows the public to pull matters from the Consent Calendar, agendize them as separate items, and make comments on each new item so set. A question was raised as to whether such a policy is proper. Council may wish to change the policy to exercise its sole authority to set its own agenda and allow the public to speak one time on the Consent Calendar as a whole.

Background:

Public Comment on the Consent Calendar:

Pursuant to Section 4.5.1 of Policy 1201-11, with the exception of items added to a City Council agenda pursuant to Section 4.5.4 of the Policy (i.e., by at least two Councilmembers at a prior meeting), the City Manager and Mayor in conference shall be responsible for determining items to appear on City Council meeting agendas. Courts have recognized that a public agency must have “authority to set its agenda or it would be unable to conduct its business.” Leventhal v. Vista Unified Sch. Dist., 973 F.Supp. 951, 962 (S.D. Cal. 1997).

The Consent Calendar is one item on the City Council agenda. Government Code section 54954.3(a) (which is part of the Ralph M. Brown Act) requires the City to allow members of the public to address it before or during consideration of an agenda item. “The subdivision does not, however, require the [City] to allow members of the public to address it on whether to place an item on the agenda. There is simply nothing in the Brown Act that requires such public comment.” Coal. of Lab., Agric. & Bus. v. Cnty. of Santa Barbara Bd. of Supervisors (2005) 129 Cal.App.4th 205, 209.

Allowing members of the public to pull matters off the Consent Calendar and place them as separate items on the agenda is inconsistent with Section 4.5.1 of Policy 1201-11, which only allows two Councilmembers or the City Manager and Mayor in conference to determine the items 1 Meeting Date: January 16, 2024 Agenda Item: 10C

CITY OF SAN CLEMENTE
to appear on City Council meeting agendas. Furthermore, a public agency can deny requests from the public to place an item on the agenda. See Leventhal, 973 F.Supp. at 961-62 (noting that “even if the Plaintiffs were unable to place a given issue on the [Public Agency’s] agenda, they could still raise their concerns during the public comment period”).

In researching this issue, staff conducted a survey of practices in other cities. In Orange County, some cities do not allow the public to make any comments on the consent calendar, only allow the pubic to comment on the consent calendar if a member of the City Council pulls a matter, or allow one public comment period for three (3) minutes total to speak on all consent matters.

If the City Council so desires, it could clarify Policy 1201-11 with respect to public comments related to the Consent Calendar. Section 4.4.4 of Attachment 1 includes language for City Council consideration, allowing members of the public to speak one time for a total of three (3) minutes on all Consent Calendar matters as one item prior to the City Council voting on the Consent Calendar as required by the Brown Act. Section 4.5.8 of Attachment 1 makes that section consistent with Section 4.5.1 of Policy 1201-11 by specifying that only members of the City Council or staff can pull matters off the Consent Calendar and set them as separate items for discussion. Speakers would still be allowed to request that matters be pulled as part of their three (3) minutes of public comment under the proposal included in Attachment 1.

Council Options:
 Adopt Resolution No. 24-13, which would modify Sections 4.4.4 and 4.5.1 of City Council Meeting and Operating Procedures Policy 1201-11.
 Modify and adopt Resolution No. 24-13.
 Direct Staff to return with additional information.
 Take no action.

Environmental Review/Analysis
This is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-13, which would modify Sections 4.4.4 and 4.5.1 of City Council Meeting and Operating Procedures Policy 1201-11 to clarify that the public shall be allowed a total of three (3) minutes to comment on the Consent Calendar as one agenda item prior to the City Council voting on the Consent Calendar as a whole and that if a member of the City Council or staff pulls a matter off the Consent Calendar, the matter would be treated as a separate agenda item with additional public comment.
..end
Attachment:

1. Policy 1201-11 City Council Meeting and Operating Procedures, with proposed modifications in redline

2. Resolution No. 24-13
2 Meeting Date: January 16, 2024 Agenda Item: 10C

CITY OF SAN CLEMENTE
Notification:

None.
3

ATTACHMENT 1

POLICY AND PROCEDURE
Subject: City Council Meeting
and Operating
Procedures
(Parliamentary Procedures,
Due Process, Mayor/Mayor
Pro Tempore, Council
Correspondence, Meetings,
Agendas, and Minutes)
Index: City Council
Number: 1201-11
Effective
Date:

February 7, 2023
January 16, 2024
Prepared City Clerk
By:

Supersedes: Policy and Procedures 1201-
1 (Mayor and Mayor Pro
Tempore); 1201-2 (Meetings
of the City Council); 1201-3
(Order of Business and
Preparation of Minutes);
1201-4 (Council
Approved
By:

City Council
Correspondence and
Agenda); 1201-5 (Rules of
Debate, Decorum, Voting
Requirements & Procedures);
1202-2 Management/
Streamlining of City Council
Meetings); and 1201-11 (City
Council Meeting and
Operating Procedures)

1.0 PURPOSE:

To establish policies for City Council meetings and operations, including parliamentary procedures, due process, election/roles of Mayor and Mayor Pro Tern, agendas, and the preparation of minutes.

2.0 ORGANIZAT/ONS AFFECTED:

City Council
City Commissions and Committees*
*Note: Except as otherwise noted throughout this Policy, this Policy shall a/so apply to the City's Commissions and Committees. In applying this Policy to City Commissions and Committees, the term "Council" shall be interpreted to mean the name of the City Commission or Committee, the term "Mayor" shall be interpreted to mean "Chairperson", the term "Mayor Pro Tempore shall be interpreted to mean "Vice Chair': the term "Manager" shall be interpreted to mean "Director", and the 4

term "City Clerk" shall be interpreted to mean the staff member responsible for providing support to the Commission/Committee.

3.0 REFERENCES:

The Ralph M. Brown Act, GC Section 54950, et seq.

4.0 POLICY:

4.1 Parliamentary Procedures and Due Process

4.1.1 The proceedings of the City Council shall be guided under the latest revised edition of "Rosenberg's Rules of Order," on all matters pertaining to parliamentary procedure, but no ordinance, resolution, proceeding or other action of the City Council shall be invalidated or the legality thereof otherwise affected by the failure or omission to observe or follow such rules. In the event of a discrepancy between Rosenberg's Rules of Order and this Policy and Procedure, this Policy and Procedure shall prevail.

4.1.2 The Mayor, with assistance from the City Attorney, is designated as the parliamentarian for City Council meetings. The City Clerk shall assist in the City Attorney's absence. Any member of the City Council or the public (pursuant to process below) may raise a point of order and/or seek the City Attorney's input on parliamentary issues, which shall then be considered by the Mayor. The City Council may override any parliamentary decision of the Mayor with a majority vote. The Mayor may interpret and apply but not amend these policies.

Points of order may be raised at any time by City Councilmembers.

Points of order may be raised by members of the public in connection with their opportunity to speak on agenda items pursuant to Section

4.4.6. The Mayor (or chair) shall rule on the point of order and/or request clarification of the law from the City Attorney and then decide and rule. If the point of order is denied by the Mayor or chair, the person making the point of order may seek a vote of the entire Council or body, which decision shall be final.

Members of the public wishing to raise points of order after their opportunity to speak may submit those points of order in writing prior to the adjournment of the meeting. Items so submitted shall be presented for consideration by the City Council in connection with its approval of the minutes of that meeting pursuant to Section

4.6 hereof. At that time the Mayor and City Council will review and decide the point of order raised and determine whether it warrants scheduling and noticing of that item for reconsideration. 5

4.1.3 It shall be understood that a member of the City Council or prospective member of the City Council may, in the course of seeking elective office, be asked to state positions on general issues that may eventually come before the Council at a later date. This policy shall in no way impair that Councilmember's right to consider the issue and vote as he/she determines is appropriate.

4.1.4 Ex parte communications are communications received outside of Council meetings or hearings. When the Council acts in a legislative role (for example, to adopt general plan or zoning amendments or to adopt ordinances), Councilmembers are permitted to draw upon nearly all observations and considerations they receive inside and outside the Council meeting. On the other hand, when acting in a quasi-adjudicatory role (hearing permits, revocations, and similar non-legislative decisions), the Council, as fact-finder, should limit its consideration of facts to those presented at the hearing, where all sides have the opportunity to hear and rebut testimony given by all participants. To this end, Councilmembers should avoid receiving or gathering information that might otherwise influence its consideration of the written record and any other testimony it hears through the formal hearing process, or at least disclose their receipt of that information.

4.2 Election of Mayor and Mayor Pro Tempore and Roles of Those Offices

4.2.1 At the first Regular City Council meeting in December of each year, the Council shall elect from its members a Mayor and Mayor Pro Tempore. The new Mayor and Mayor Pro Tempore shall assume office immediately after the adjournment of the meeting at which they were elected. Effective at the November 2026 General Municipal Election, the Mayor shall be elected and the policy related to the Mayor will sunset. The Mayor Pro Tempore shall continue to be elected by the City Council. (Note: Commissions and Committees shall elect from its members a Chairperson and Vice Chair at its first regular meeting occurring after Council completes its annual appointment process for Commission and Committee members and those members assume office.) The process for electing Mayor and Mayor Pro Tempore and for electing Commission and Committee Chairs and Vice-Chairs shall be as follows:

4.2.1.1 The nomination/election of the Mayor or Chair is conducted by the City Clerk or staff. Once the new Mayor or Chair is elected, that member of the Council or body immediately presides and conducts the vote on Mayor Pro Tempore or Vice-Chair.
6

4.2.1.2 The method of nomination in this respect is an "open nomination" solely by and from within the membership of the presently-seated City Council or City body. Nomination cannot be accepted from members of the public.

4.2.1.3 No "second" is required for nomination, although sometimes one or more members will "second" a nomination to indicate endorsement.

4.2.1.4 In no event may any one member nominate more persons than there are offices to fill in the respective selection.

4.2.1.5 When it appears that no one else wishes to make a nomination, the chair of the meeting asks one (1) final time if there are additional nominations. If there is a no response, the chair then declares..."the nomination for Mayor or Mayor Pro Tempore, Chair or Vice-Chair as applicable is closed."

4.2.1.6 It is unnecessary to have a motion to officially close the nomination; yet, if such a motion is made, that motion then requires an affirmative 213rd vote of the members present [4 or 5]. After nominations are closed, a majority vote is required to re-open it.

4.2.1.7 Nominees are voted on in the order in which they are nominated.

As soon as one of the nominees receives a majority vote of those members present in the voting, the Mayor or Chair then declares that person elected to that respective office, and no vote is taken on the remaining nominee(s).

4.2.1.8 Rounds of voting shall continue in succession until one nominee is elected.

4.2.2 The Mayor and Mayor Pro Tempore shall serve a one-year term at the pleasure of the Council majority.

4.2.3 The Mayor shall act as the primary spokesperson and official representative of the City Council, unless such responsibility is delegated by the Mayor, or otherwise assigned by a majority of the City Council.

4.2.4 The Mayor shall preside at all regular, adjourned regular, special and emergency meetings of the City Council, including joint meetings with commissions and committees and closed sessions.

4.2.5 The Mayor shall execute all official City documents, warrants and correspondence approved by the City Council.

4.2.6 The Mayor is authorized to issue proclamations, commendations and certificates of recognition, which may be presented at Council meetings under Special Presentations. The total time allotted to Special Presentations should, if possible, be limited to 15 minutes per meeting. (This section does not apply to Commissions or Committees.)
7

4.2.7 Nothing in this section is intended to suggest that the office of Mayor possesses formal powers or authority in excess of other members of the City Council; rather, the person serving as Mayor is to be recognized as the chairperson of the Council.

4.2.8 The Mayor Pro Tempore shall serve and perform the functions of the Mayor in the absence of the Mayor. If both the Mayor and Mayor Pro Tempore are absent from a City Council meeting, the Council members present shall select a Councilmember from those members present to perform the functions of Mayor at that particular meeting.

4.3 City Council Correspondence

4.3.1 The City Manager, or his/her designee, is authorized to open and examine all mail or other written communications addressed to the City Council as a body, but shall not open correspondence addressed to an individual Councilmember without their express authorization.

4.3.2 The City Manager may take action, or direct that action be taken, on issues or requests that do not require Council action. The City Manager shall inform Council when actions are taken on matters of significance or that are likely to be of interest to the City Council.

4.4 City Council Meetings

4.4.1 The date, time and location of Regular Meetings of the City Council shall be established by resolution. At 11:00 p.m. at each meeting, the City Council, by majority vote, will determine whether to continue the meeting or adjourn.

4.4.2 At all meetings of the City Council, a majority of the Council members shall constitute a quorum for the transaction of business. In the event less than a quorum of the City Council is present, the City Clerk shall adjourn the meeting (which may include adjourning to an Adjourned Regular Meeting), post a Notice of Adjournment, and prepare minutes that reflect that the meeting was adjourned due to lack of a quorum.

4.4.3 The City Clerk, or Mayor, shall announce an agenda item before discussion on that item commences.

4.4.4 Each person desiring to address the Council is requested to submit to the City Clerk a speaker form. After being called upon by the Mayor, the speaker may proceed to the podium. The speaker may 8

state for the record his/her name and city of residence, but shall not be required to do so.

Members of the public may speak for three (3) minutes and project applicants and appellants (including members of an applicant's or appellant's project presentation team, when applicable) may speak for a combined total of ten (10) minutes on agenda items. At Council's request where Council is acting in a fact-finding or hearing capacity, the Mayor may grant additional time (unless overruled by a majority of Councilmembers present) to speakers on agenda items.

Speakers will be called to the podium once Staff concludes its presentation of an item and before Council begins its deliberations.

Speaker cards will not be accepted once deliberations have commenced.

Speakers on non-agenda items may speak for three (3) minutes during the oral communications - public forum portion of the meeting.

At the beginning of the Consent Calendar, the City Clerk will notify the Mayor or meeting Chair of any public comments related to the Consent Calendar. Speakers will be allotted 3 minutes to speak on the Consent Calendar in its entirety. After public comments, if any, are heard, the City Council will vote on the Consent Calendar as one agenda item.

The time that a speaker devotes to responding to Council inquiries shall not be deducted from their allotted speaker time.

4.4.5 Members of the public may not assign their speaker time to another person.

4.4.6 The purpose of addressing the City Council is to communicate formally with the City Council regarding matters that relate to City Council business or citizen concerns within the subject matter jurisdiction of the City Council. Persons addressing the City Council on an agenda item shall confine their remarks to the matter under consideration by the City Council. Speakers may be asked to clarify how their comments relate to the matter at hand. Speakers may address the entire Council or individual Councilmembers, and, if allowed by the Mayor or chair, City staff.

4.4.7 Once recognized, members of the public shall not be interrupted when speaking unless to be called to order by the Mayor to: (i) curtail extraordinary repetition, (ii) curtail speech that is irrelevant to the City Council's subject matter jurisdiction, (iii) explain how his or her speech relates to the City's subject matter jurisdiction, or (iv) address some other point of order. If a speaker is interrupted to be called to order, the speaker shall cease speaking until the question of order is determined, and if in order, he or she shall be permitted to proceed, with additional time allotted for the time taken to determine the question of order.
9

4.4.8 In order to avoid repetitious presentations, whenever any group of persons wishes to address the Council with the same message, it shall be proper for the Mayor to request that a spokesperson be chosen by the group to represent the group's position. Speakers shall not, however, be required to abide by such a request.

4.4.9 To expedite Council meetings, Councilmembers are encouraged to contact Staff prior to Council meetings to obtain answers to questions and to obtain clarifications as needed.

4.4.10Staff shall compose Administrative Reports in a clear and concise manner. Staff shall strive to write reports in a manner that can be easily understood by persons that do not have training in the report's subject matter.

4.4.11Staff presentations at Council meetings are to be condensed to the briefest extent possible, while still providing a basic overview of the issue under consideration. Staff is encouraged to refrain from reiterating issues previously addressed in the Administrative Report.

However, Staff engaged in such communications shall not use these opportunities to communicate with the members of the City Council the comments or position of any other member of the City Council on City Council business.

4.4.12 Members of the public shall not engage in conduct that disrupts, disturbs, or otherwise impedes the orderly conduct of the City Council meeting. Any person who so disrupts the meeting is subject to removal from the meeting.

Prior to removing anyone from a City meeting, the Mayor (or other designated chair) shall: (i) notify the person that he/she is in violation of this Section 4.4.12, (ii) specify the specific behavior giving rise to that conclusion; (iii) explain all grounds for the belief that the person's conduct is in violation of law/policy and why such conduct subjects the person to expulsion; and (iv) notify the person that if the conduct continues he/she will be removed. The person receiving such notification shall be asked if he/she understands the conclusion but shall not be required to accept it.

Members of the public receiving notice of disruption pursuant to this section shall have the right, prior to being removed from the meeting, to ask the Mayor to consult with the City Attorney on the grounds for expulsion, and to submit a point of order on the grounds for expulsion. The City Council may override this decision pursuant to Section 4.1.2. The City Attorney shall have a duty to inform the Mayor (or other designated chair) and the public if the City Attorney believes that the Mayor's action is in violation of applicable law. 10

4.4.13 Motions must be seconded in order to proceed to a vote.

4.5 City Council Agendas

4.5.1 With the exception of items added to a City Council agenda pursuant to Section 4.5.4 of this Policy, the City Manager and Mayor in conference shall be responsible for determining items to appear on City Council meeting agendas.

4.5.2 The standard template for City Council agendas shall be established by Council by majority vote. The City Manager shall have the authority to reorganize the template on a case-by-case basis if he/she believes that a variation in the normal order of business is appropriate.

4.5.3 Councilmembers may agendize items to enable them to "report out" on matters relating to their own activities, including activities pertinent to their Council-appointed positions on regional commissions, committees and boards, provided the report is informational only. If Council action is being sought, the process defined in Section 4.5.4 of this Policy shall be followed.

4.5.4 Two members of the City Council may propose at a Council meeting that an item be agendized for future Council discussion, consideration, and/or action. Subject to notice and hearing requirements, the item shall be agendized for a future meeting and noticed as required by law. Items agendized pursuant to this section shall appear on an agenda under the New Business portion of the agenda and the names of the Councilmembers who agendized the item shall be included with the item description. Staff Reports will only be prepared if a minimum of three members of the City Council vote affirmatively at a Council meeting to direct Staff to prepare a report.

4.5.5 Notwithstanding Sections 4.5.1 and 4.5.4 of this Policy, the process to review, appeal, or otherwise "call up" decisions by the Planning Commission or other subordinate City bodies shall be subject to the requirements of the San Clemente Municipal Code.

4.5.6 Notwithstanding Section 4.5.4, a proposal to reconsider any action taken by the City Council may be raised only at the same meeting or the next regularly scheduled meeting of the City Council after the action is taken and may be raised only by one of the
Councilmembers who voted with the prevailing side. Additionally, the motion to reconsider may only be made by one of the
Councilmembers who voted with the prevailing side.
11

4.5.7 The City Clerk shall be responsible for the preparation of Council meeting agendas and shall cause copies to be posted on the City Hall bulletin board(s) and City website. Regular and Adjourned Regular Meeting agendas shall be posted within the posting time requirements as set forth in State law. In the case of special meetings, agendas shall be posted as soon as practical, but in no event less than the posting time requirements as set forth in State law.

4.5.8 Consent Calendar items shall be comprised of items that are expected to be noncontroversial. Unless an item is removed from the Consent Calendar by a member of the Council or staff, or the public for separate discussion and action, the Consent Calendar may be acted upon by one motion as one item.

4.5.9 The City Council may waive the reading in full of all Resolutions and Ordinances. The reading of Resolution titles shall be optional. The reading of Ordinance titles shall not be waived.

4.5.10 Members of the public may address Council concerning matters within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, during the Oral Communications portion of the agenda. Speakers may address Council once during either Oral Communications Part 1 or Part 2. Speakers shall be allotted 3 minutes in which to give his or her presentation.

4.6 City Council Minutes

4.6.1 The City Clerk shall have exclusive responsibility for the preparation of the minutes.

4.6.2 The minutes of City Council meetings shall be submitted to Council for approval/modification at a City Council meeting. Any direction for modifications to the City Council minutes shall only be made upon a majority vote of the City Council.

4.6.3 Minutes shall be prepared in brief concise form, in what are commonly referred to as "action minutes". Action minutes memorialize what was done at a meeting, as opposed to what was said at a meeting. An exception to this guideline is that a brief summarization of comments provided to Council by the public are to be included in the minutes. Additionally, the identity of Councilmembers who make motions, second motions, and cast votes on motions are to be included in the minutes.

4.6.4 Unless the reading of the minutes of a City Council meeting is ordered by a majority of the Council, such minutes may be 12

approved without reading if the City Clerk has previously furnished each Councilmember with a copy thereof.

4.6.5 The approved minutes shall be executed by the Mayor and City Clerk upon approval by the City Council and shall constitute the official record of the City Council meeting.

4.6.6 The City Clerk shall enter the original executed minutes into the official records of the City as a permanent document.

4.7 Closed Sessions

4.7.1 The City Council may hold closed sessions during duly-noticed Council meetings on issues authorized by State law.

4.7.2 A City Commission or Committee may hold closed sessions during duly-noticed meetings of its body on issues authorized by State law, the City Council, and the City Attorney.

4.7.3 No member of the City Council, employee of the City, or any person present during a closed session shall disclose to any other person the content or substance of discussion or action which took place during the session, unless a majority vote of the Council authorizes such disclosure.

4.7.4 Closed sessions shall be limited to members of the City Council, City Manager, City Attorney and/or City legal counsel, as well as staff members and experts designated by the City Manager or City Attorney to attend portions of Closed Sessions relating to specific issues, as permitted by law.

4.7.5 To the extent possible, the public will be notified prior to the time that the City Council recesses to closed session as to whether or not a public announcement of action is anticipated following the Closed Session.

4.7.6 Where potential plaintiffs and defendants have manifested or communicated their awareness of facts and circumstances and a legal theory connecting those facts and circumstances to potential litigation involving the City, those facts and circumstances, together with (i) the identity of potential parties or (ii) related documentation, shall be disclosed prior to a closed session to discuss anticipated litigation, in accordance with GC 54956.9.

4.8 Nomination and Vote on City Council Appointments to City Commissions and Committees
13

4.8.1 Council votes on appointments to City Commission and Committees shall be according to the procedure for election of Mayor and Mayor Pro Tempore set forth in Section 4.2 above.
14 ATTACHMENT 2
RESOLUTION NO. 24-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, AMENDING POLICY AND PROCEDURE
1201-11 (CITY COUNCIL MEETING AND OPERATING PROCEDURES)

RELATED TO PUBLIC COMMENT ON CONSENT CALENDAR
WHEREAS, the City Council follows Policy and Procedure 1201-11 of the City Council Meeting and Operating Procedures (Parliamentary Procedures, Due Process, Mayor/Mayor Pro Tempore, Council Correspondence, Meetings, Agendas, and Minutes); and
WHEREAS, the Ralph M. Brown Act (Government Code section 54954.3(a)), requires the City to allow members of the public to address it before or during consideration of an agenda item; and
WHEREAS, the Consent Calendar is one single item on the City Council’s agenda; and
WHEREAS, the City Council desires to amend Policy and Procedure 1201-11 to clarify public comment on the Consent Calendar consistent with the Ralph M. Brown Act and case law;
WHEREAS, the City Council previously amended Policy and Procedure 1201-11 via Resolution No. 24-07 with respect to the effective time of the mayor and mayor pro tem terms.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That the above recitals and true and correct and incorporated herein as findings.

Section 2. That Policy and Procedure 1201-11 of the City Council Meeting and Operating Procedures (Parliamentary Procedures, Due Process, Mayor/Mayor Pro Tempore, Council Correspondence, Meetings, Agendas, and Minutes) is hereby amended as indicated in Exhibit 1 to this resolution, which is hereby incorporated fully by this reference (underlines indicate additions and strikeouts indicate deletions).

Section 3. That this resolution updates and replaces Resolution No. 24-07.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this ____ day of January 16, 2024.
15 Resolution No. Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-13 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of January 2024, 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
16 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: January 16, 2024 Agenda Item: 10D
Department: Beaches, Parks & Recreation Department
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:

RECOMMENDATION FROM THE BEACHES, PARKS & RECREATION COMMISSION TO CONSIDER ALLOWING DOGS ON THE BEACH AND PRIORITIZE FUNDING FOR OFFLEASH DOG PARKS AT SAN LUIS REY AND SAN GORGONIO PARKS Fiscal Impact:

Unknown at this time. Compliance with the California Environmental Quality Act and California Coastal Commission permitting requirements for beach areas must be considered, however the scope of those analyses is not defined, therefore the costs are unknown. Amendments to park specific master plans, accompanying environmental analysis and design and construction is required, however the scope is unknown at this time, therefore the resulting costs are unknown.

Summary:

At its recent meeting, the Beaches, Parks and Recreation Commission (“BPR Commission”) reviewed two items related to dog access in public spaces. The BPR Commission provided two recommendations: (1) allow dogs, off-leash on North Beach, daily from 6 a.m. to 8 a.m.; and (2) prioritize funding for off-leash dog parks at San Luis Rey and San Gorgonio Parks. The purpose of this report is to apprise the Council of the BPR Commission recommendation and receive direction on how to proceed with these two recommendations.

Background:

The Beaches, Parks & Recreation Commission FY 2023-24 Work Plan (approved by the City Council on September 14, 2023) included a review and the consideration of allowing dog access on city beaches, and a review of options to expand off-leash dog access within the park system.

At its October 10, 2023 meeting, the BPR Commission reviewed two staff reports related to these Work Plan items (Attachment 1 and 2). Upon discussion, the Commission recommended (3-1) that the Council consider amending the municipal code to allow for dogs on the beach under the following circumstances:
 North Beach only, 6 a.m. to 8 a.m., daily
 Dogs may be off-leash
 Signage must be posted that dog owners are responsible for the actions of their dogs, including cleaning up fecal waste
 The recommendation includes access being limited to San Clemente residents  All dogs must be licensed through the Coastal Animal Services Agency (CASA) 1 Meeting Date: January 16, 2024 Agenda Item: 10D

CITY OF SAN CLEMENTE
Dog access on the beach, on or off-leash, would require an analysis of any environmental impacts as well as Coastal Commission consideration/requirements, other legal implications, and coordination with public safety resources, including CASA and Marine Safety.

Additionally, the BPR Commission reviewed off-leash dog access within parks. Upon discussion, the Commission recommended (3-1) that the City Council prioritize funding for off-leash dog parks at San Luis Rey and San Gorgonio Parks. This change to the use of these park facilities would require an amendment to the park specific master plans for each site. A component of this process would include environmental analysis. The design and construction would be incorporated into future budget adoptions through the Capital Improvement Project program.

Council Options:
 Provide direction to the City Mananger regarding the recommendations of the BP&R Commission from its October 10, 2023 meeting.
 Provide alternate direction to the City Mananger regarding proceeding with the next steps toward allowing dogs on the beach and off-leash dog parks different than those recommended by the BP&R Commission.
 Request more information regarding the subject or provide alternative direction to the BP&R Commission.
 Deny the BP&R Commission’s recommendation to consider allowing dogs on the beach and off-leash dog access within parks and take no further action.

Environmental Review/Analysis:

What is currently before Council is not a project under the California Environmental Quality Act.

Depending on the direction from the City Council, staff will return with appropriate findings under CEQA.

Recommended Actions:

Staff recommends that the City Council:

Provide direction to the City Mananger, or the Beaches Parks & Recreation Commission, regarding whether to take the next steps toward considering allowing dogs on the beach and offleash dog parks at San Luis Rey and San Gorgonio Parks and provide related parameters.

Attachment:

1. Beaches, Parks & Recreation Commission Staff Report (10/10/2023) – “Dog Access on the Beach”

2. Beaches, Parks & Recreation Commission Staff Report (10/10/2023) – “Consideration of Expanding Off-Leash Dog Access in Parks”
Notification:

Beaches, Parks & Recreation Commission
Interested Parties – Dog Access
North Beach Community Association
2 Recreation Agenda Report

AGENDA REPORT

BEACHES, PARKS & RECREATION COMMISSION
Meeting Date: October 10, 2023
Department: Beaches, Parks & Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject: CONSIDERATION OF ALLOWING DOG ACCESS ON CITY BEACHES Fiscal Impact: None.

Summary: Staff is requesting comment and/or direction from the Beaches, Parks & Recreation Commission (“Commission”) regarding dog access on city beaches.

Background: 1989, the Commission reviewed the City ordinance that did not allow dogs on any park or beach. Council upheld the existing prohibition of dogs in parks. 1994, the Commission reviewed the current City ordinance on dog access on City beaches; after extensive public input on both sides of the issue, and recommended that the existing prohibition remain in place. TheCity Council upheld the Commission's recommendation.
2004, City Council adopted a resolution that allowed currently licensed, on-leash dogs in Calafia, Mira Costa, and Verde Parks.
2008, the Commission created a Dog Access Sub-Committee to evaluate dog access in parks and beaches. The Subcommittee submitted a progress report in late 2009 and hosted public workshops in early 2011. At that time, the Coastal Advisory Committee considered the subject of dog access to beaches and did not support a pilot program. Based on past research, the critical topics are still relevant and include health, safety, cleanliness, enforcement, environmental issues, location, and hours available on the beach.
2011, The Dog Access Subcommittee presented a report of its findings to the Beaches, Parks and Recreation Commission which considered increased access to parks and a phased program for Beach access.
2012, The City Council directed Staff to keep the issue of increased dog access to beaches open, pending changes in circumstances relative to sand replenishment.

Because of the diminishing beach space for the public, the Council voted to defer this item until there was a significant change on City beaches. 2016, the Commission directed staff to research the option of allowing dogs on-leash on beaches during specific hours. During discussions, the following comments were provided:

ATTACHMENT 1 COPY
3 Agenda Report Page 2
 Enforcement and related costs need to be explored.
 Signage needs to be carefully considered if access is granted.  Beaches are very narrow and have not changed since the last discussion.  Liability of dogs on beaches is a concern.
 Dog waste on beaches is a concern.
 Aggressive dogs and irresponsible owners are a concern.  Impacts on lifeguards are a concern.
 Liability would be the same as other public property.  Allowing morning and evening hours serves residents, not visitors.  Allowing dogs to walk on the beach may free up space on the Beach Trail.

The Commission directed staff to further research the option of allowing dogs on-leash on beaches during specific hours and present the information at a future meeting. The item did not return to the Commission.
2021, the Commission considered options to allow for dog access on city beaches.

The review included a public survey (Attachment 1). At its April 13, 2021 meeting, the Commission recommended (6-0) that the City Council uphold the current rules and regulations surrounding dog access to San Clemente beaches and did not recommend any location for on-leash or off-leash dog access to City beaches.

During the July 20, 2021, City Council meeting, a motion and a second were raised to allow dogs on a portion of the beach, with the stipulation that dog access be limited to the timeframe from sunrise to 9:00 a.m. and after 6:00 p.m.; however, this motion failed for lack of majority vote and no further action was taken. 2023, The BPR Commission FY 2023-24 Work Plan provides the Commission the opportunity to consider dog access on city beaches.

Discussion: In a brief review of the surrounding area beach access for dogs, the following details were discovered:
• City of Laguna Beach
o No designated dog beach
o Dogs are allowed on city beaches before 9 a.m. and after 6 p.m. between June 15th – September 10th and during regular beach hours from September 11th – June 14th.
o Dogs must be on a 6’ or shorter leash at all times.
o Owners must clean up waste.
• Capistrano Beach/Hole in the Fence (County of Orange) o Dogs are not permitted June 15 to Sept. 10 between 9 a.m. and 6 p.m. o Dogs must be on leash at all times
o Dogs are allowed in water
• City of Huntington Beach
o Huntington Dog Beach – designated on-leash dog beach, open daily from 6 a.m. to 10 p.m.
o Dogs must be licensed; owners must pick up waste
ATTACHMENT 1 COPY
4 Agenda Report Page 3
o Dogs are allowed in the water.
• San Diego
o Dog Beach (“Ocean Beach”): 24 hr. off-leash
o Fiesta Island - Mission Bay: Dogs are allowed in all areas daily from 6:00 AM to 10:00 p.m., except for the campground and nesting sites (seasonal).
o North Beach Dog Run – Coronado: 24 hr. off-leash
o Dogs must be licensed; owners must pick up waste
o Dogs are allowed in the water.
• City of Del Mar
o South Beach: On-leash only (6-foot), year-round
o Main Beach: On-leash (6-foot), Labor Day through June 15th; Off-leash, allowed from 25th to 29th street from dawn to 8:00 am; No dogs are allowed June 16th through Labor Day.
o North Beach: Off-leash dogs all day from the day after Labor Day through June 15th, and from dawn until 8:00 am June 16th through Labor Day. Dogs must be leashed from 8:00 a.m. until dawn June 16th through Labor Day.
o Dogs must be licensed; owners must pick up waste
o Dogs are allowed in the water in designated areas.
• City of Newport Beach
o Dogs are not allowed between 10 a.m. and 4:30 p.m.
o Before 10 a.m. and after 4:30 p.m., dogs are allowed, if they are securely restrained by a substantial leash or chain not exceeding six feet in length and controlled by a person who is competent to restrain the dog. o Off-leash dogs are never allowed
• Cardiff State Beach
o Dogs are permitted on Cardiff State Beach.
o All dogs must be on a 6’ leash and under the owner's control at all times.
• Dogs are NOT allowed on beaches in the following cities:
o Oceanside
o Carlsbad
o Seal Beach
o Encinitas
Recommended
Action: STAFF RECOMMENDS THAT the the Beaches, Parks & Recreation Commission discuss allowing for dog access on San Clemente City beaches, and provide additional guidance on location(s) and operations, if the recommendation allows.

ATTACHMENT 1 COPY
5 Agenda Report Page 4
Attachments: 1. 2021 Dog Access Survey Results Summary (4/7/2021) Notification: Interested Parties
ATTACHMENT 1 COPY
6 ATTACHMENT 1
2021 Dog Access Survey Summary
A total of 1,346 submissions were received with 91% of respondents stating they are San Clemente residents and 81% are dog owners. Among responders to the survey, results indicate a desire to allow dog access on the beach with a variety of comments on operations and regulations of the activity. Responders to the survey have indicated a preferred beach location of North Beach.
(1) I live in San Clemente
Yes 1,221 90.7%
No 122 9.1%
(2) I am a dog owner.

Yes 1089 80.9%
No 251 18.6%
(3) Dog Access to San Clemente Beaches (Multiple selections allowed)
Dogs should be allowed to be walked on the
beach.
822 61.1%
Dogs should be allowed to play on the
beach.
832 61.8%
Dogs should not be allowed on the beach. 334 24.8%
(4) If dog access to beaches is permitted, the ideal location would be:
(Multiple selections allowed)
North Beach 768 57.1%
Dije Court 240 17.8%
El Portal (204) 308 22.9%
Mariposa 260 19.3%
Linda Lane 327 24.3%
Corto Lane (Second Spot) 159 11.8%
Pier 243 18.1%
T-Street 253 18.8%
Lasuen (Lost Winds) 307 22.8%
Other (“Other” responses attached)
(5) Dog Access to Parks (Multiple selections allowed)
On-leash dog opportunities in parks should
be increased.
694 51.6%
Off-leash opportunities in parks should be
increased.
622 46.2%
Dog access to parks should not be
increased.
270 20.1%
ATTACHMENT 1 COPY
7 BP&R Administration Agenda Report

AGENDA REPORT

BEACHES, PARKS & RECREATION COMMISSION
Meeting Date: October 10, 2023
Department: Beaches, Parks & Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject: CONSIDERATION OF EXPANDING OFF-LEASH DOG ACCESS IN PARKS Fiscal Impact: None.

Summary: Staff recommends that the Commission discuss options for increasing off-leash dog options within City parks. The purpose of the discussion is to inform future budget discussions for the potential development of additional off-leash dog park areas.

Background: The City maintains one off-leash dog park located at Richard T. Steed Memorial Park called “Baron Von Willard Dog Park”. The park offers one side for large dog breeds and an alternate side for small dog breeds. Since 2014, the City has allowed dogs onleash in all parks, except on sports fields, playgrounds, and specialty-use parks, like Park Semper Fi.

The 2018 Beaches, Parks & Recreation Master Plan demonstrated that the number four priority for future facility investments was off-leash dog areas. Through this study, it was recommended that the City explore options for off-leash dog opportunities.

In 2021, the City initiated a site-specific master plan update of five parks, including Bonito Canyon, Linda Lane, San Gorgonio, San Luis Rey, and Richard T. Steed Memorial Parks. Through public outreach, it was determined that an off-leash dog park should be considered at San Luis Rey Park and San Gorgonio Park. For reference, the conceptual plans for these two park sites are included in Attachment 1 and the off-leash dog park areas are circled in red. Note, that the only park plan update adopted by the City Council is Richard T. Steed Memorial Park; no further Council action has been taken on the remaining four park plans.

The Beaches, Parks & Recreation Commission FY 2023-24 Work Plan directed the Commission to review and receive public feedback on the increasing off-leash dog options at city parks.

Discussion: Staff is seeking feedback or direction on how to proceed with the consideration of expanding off-leash dog access in parks.

Recommended
Action: STAFF RECOMMENDS THAT the Beaches, Parks & Recreation Commission discuss options on increasing off-leash dog options within City parks.

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Agenda Report Page 2
Attachments: 1. Conceptual park plans for San Luis Rey Park and San Gorgonio Park, dated 12/2021
Notification: Interested Parties
ATTACHMENT 1
COPY
9 ATTACHMENT 1
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0 Community Green
O Tutf Lawn
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0 Dog Park Shade Structure
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0 Proposed Tree. Typical
0 Tree Seat Ring Bench
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4I Hall-Basketball Cot.rt
8 Art Plaza And Play Zone
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4D Cafe Tables 4D Resilient Playsurfacing
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0 Pickle Ball Courts (Illuminated)
8 Double Fenced Dog Park
8 Dog Park Entrance with Double Gate 0 New Planting and Grading 0 Relocated Half Basketball Court
0 Refresh Existing Restrooms
8 Drop Off Area 8 Picnic T"'e Grove
0 Enhanced Picnic Area
• New Play Area Seating
• Proposed Trees. Typical
8 Proposed Shade Trees. Typical (To Shade Bleachers)
• Expanded Parking Lot
• 126 Existing Parking Spaces
- 187 l'ropo••d l'ortlnf .,. ..
• Skateboard Plaza • Re-AligMd Entry Road
0 Scenic Overlook and Shade Stn1ctwe
Exletlng to Remain
© Illuminated Baseball Field (New Turf) © Baseball Batting Cages © Illuminated Junior 8aseball/SottbaU Fillkl (New Turf) @) Illuminated Multi-Purpose/ Soccer Field (New Turf)
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0 Illuminated Half BasketbaU Court
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0 Tennis Courts (New to be added. Courta tlo
be Re-Surfaced • Tennie Cou,ta Only) 0 Existing Treas. Typical