CITY OF SAN CLEMENTE
Tuesday, November 19, 2024 5:00 PM
City Council
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tern Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.
A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on November 19, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
PRESENT: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk
CLOSED SESSION
Motion by Councilmember Loeffler, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to recess to Closed Session at 5:00 p.m. to discuss the following:
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC
B. CONFERENCE WITH LEGAL COUNSEL- INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d) (4) Number of Cases: 1
AYE:
NOE:
Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
Closed Session concluded at 5:57 p.m.
Attachment 3
City Council Regular Meeting Minutes November 19, 2024
8E. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 24-169,
APPROVING A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL,
IMPOUND, STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S
DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION PROGRAM (TVAP)
Mayor Cabral opened the Public Hearing.
City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.
There being no one desiring to speak, Mayor Cabral closed the Public Hearing.
Motion by Councilmember Loeffler, second by Mayor Pro Tern Enmeier, to:
1. Adopt Resolution No. 24-169 entitled A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING
A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL, IMPOUND,
STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S
DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION
PROGRAM (TVAP) IN THE CITY OF SAN CLEMENTE.
2. Repeal Resolution No. 21-11.
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8F. PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN
CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN
COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
This item was considered following Item 8A. Please reference page 5 of these minutes for a summary of that action.
Mayor Cabral opened the Public Hearing.
Councilmember Loeffler disclosed that he met with Broadmoor residents.
Mayor Cabral disclosed that he visited the site.
Community Development Director Atamian narrated a PowerPoint presentation entitled "Public Hearing Regarding the Failure of Broadmoor San Clemente Community Association to Enforce Certain Covenants, Conditions and Restrictions (CC&Rs)" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.
Joshua Smisko and David Hickey. counsel for the Broadmoor Homeowners
City Council Regular Meeting Minutes November 19, 2024
Association, opined on the legal precedent and previous legal action taken concerning trees exceeding the height limitations.
Ryan Phillips, Broadmoor Community Manager, commented on his experience with the Broadmoor Homeowners Association as it relates to the process of the Broadmoor Homeowners Association Board addressing issues or complaints within the community.
Stephen Hammers, on behalf of Broadmoor residents, representing five Broadmoor families; opined on previous legal action taken concerning the tree height on Calle Delicada.
Reva Buck spoke in support of the City Council adopting Resolution No. 24-173.
Paul Buck, San Clemente, displayed a photograph of conditions at his property on Felicidad; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the photograph is on file with the City Clerk.
Eric Fermin narrated a PowerPoint presentation displaying photographs of trees exceeding the height limitations on Calle Delicada; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the presentation is on file with the City Clerk.
Jeff Chambers commented on the original CC&R agreement for Broadmoor Community; spoke in support of the City Council adopting Resolution No. 24-173.
John Carretti, San Clemente, commented on landscaping requirements and enforcement by the Broadmoor Homeowners Association; spoke in support of the City Council adopting Resolution No. 24-173.
Paul Lefcourt, San Clemente, commented on trees exceeding the height limitations on Calle Delicada, spoke in support of the City Council adopting Resolution No. 24-173.
Alan Korsen, San Clemente, spoke in opposition of the City taking action against the Broad moor Homeowners Association.
Chaundra Vidakovich opined that the City should mediate with the residents on Calle Delicada and Felicidad to mitigate trees exceeding the height limitations.
Gordon & Antonia Sipes spoke on efforts they have taken to compromise with their neighbor on Calle Delicada concerning trees exceeding the height limitations; spoke in support of the City Council adopting Resolution No. 24-173.
Mike Kay opined that the City should only be involved in enforcement of CC&Rs when it concerns homeowners associations not clearing vegetation in open space and to protect views for residents.
City Council Regular Meeting Minutes November 19, 2024
Ryan Phillips, Broadmoor Community Manager, responded to City Council inquiries.
Karen New, Vice President Broadmoor Homeowners Association Board of Directors, responded to City Council inquiries.
Matt Silver, Civica Law Group, City Prosecutor for the City of San Clemente, responded to City Council inquiries.
There being no others desiring to speak, Mayor Cabral closed the Public Hearing.
Motion by Councilmember Duncan, second by Mayor Pro Tern Enmeier, CARRIED 5-0, to continue this item to a future City Council meeting to allow the parties (Broadmoor Homeowners Association and homeowners on Felicidad) to discuss a resolution/mediate concerning the trees exceeding the height limitations within the Broad moor Homeowners Association Community.
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
MEETING RECESS
The City Council meeting recessed at 9:12 p.m. and reconvened at 9:15 p.m. with all City Councilmembers present.
9. Unfinished Business
None.
10. New Business
1 0A. APPOINTMENT OF THE CITY CLERK AND CITY TREASURER, AND
INTRODUCTION (FIRST READING) OF ORDINANCES MAKING THE CITY
TREASURER AND CITY CLERK POSITIONS APPOINTED BY THE CITY
MANAGER
Administrative Services Director Brower reviewed the contents of the Administrative Report and responded to City Council inquiries.
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:
1. Adopt Resolution 24-170 appointing Laura Campagnolo to the office of City Clerk in accordance to Chapter 2.10 of the Municipal Code of the City of San Clemente.
2. Introduce and conduct the first reading of Ordinance No. 1783 entitled AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,