San Clemente — 2023-02-07

CLOSED SESSION (5:00 P.M.)

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nExisting litigation pursuant to Government Code section 54956.9 (d)(1)\nNumber of Cases: 1\nCase Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency,\net. al.\nRiverside Superior Court Consolidated Case No.: RIC 1800232\nCA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2)

A. Commissions and Committees

B. City Manager

C. City Attorney

D. Council Members\n(1) UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES,\nCOMMISSIONS AND CITY COUNCIL SUBCOMMITTEES\nStaff Recommendation\n1. Update Councilmember appointments to various regional committees,\ncommissions and boards.\n2. Update Councilmember appointments to carious City Council\nsubcommittees and dissolve old subcommittees.\n3. Determine whether to establish a citizen's subcommittee to analyze\nthe feasibility of an amphitheater. If it is determined to establish a\ncitizen's subcommittee, each Councilmember will appoint a citizen,\nand notify the City Clerk of that appointment.\n(2) REQUEST TO SUPPORT SB44 (UMBERG): CONTROLLED\nSUBSTANCES

E. Council Subcommittee Updates

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n2782 THROUGH 2786 AND WARRANT NOS.\n585727 THROUGH 585877, PAID ON\n1-13-23, IN THE AMOUNT OF $5,524,086.15\n(2) APPROVE WARRANT NOS.\n585878 THROUGH 586000, PAID ON\n1-20-23, IN THE AMOUNT OF $746,838.48\n(3) APPROVE WIRE TRANSFER NOS.\n2787 THROUGH 2790 AND WARRANT NOS.\n586001 THROUGH 586126, PAID ON\n1-27-23, IN THE AMOUNT OF $1,013,598.66\nTOTAL WARRANT REGISTER $7,284,523.29\nPayroll Register\nAUTOMATIC DEPOSIT ADVISES 83278\nTHROUGH 83523, FOR THE PERIOD\n12-26-22 THROUGH 1-8-23, PAID\nON 1-13-23, IN THE AMOUNT OF $443,006.48\nWARRANT NO. 894 AND AUTOMATIC\nDEPOSIT ADVISES 83524 THROUGH\n83785, FOR THE PERIOD 1-9-23\nTHROUGH 1-22-23, PAID\nON 1-27-23, IN THE AMOUNT OF $449,430.88\nTOTAL PAYROLL REGISTER $892,437.36

D. RESOLUTION TO AMEND GOLF COURSE FEES FOR PLAY UPON THE\nMUNICIPAL GOLF COURSE\nStaff and Golf Course Committee Recommendation\nAdopt Resolution No. 23-02 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING CERTAIN\nFEES FOR PLAY UPON THE MUNICIPAL GOLF COURSE, AND REPEALING\nRESOLUTION NO. 20-70.

E. MEMORANDUM OF UNDERSTANDING (MOU) - GOLF COURSE BLOCK TEE\nTIME RESERVATION FOR SAN CLEMENTE EXCHANGE CLUB\nStaff Recommendation\nApprove, and authorize the Beaches, Parks & Recreation Director to execute,\nContract No. C23-04, a Memorandum of Understanding, by and between the\nCity of San Clemente and the San Clemente Exchange Club, providing for tee\ntime block reservations.

F. FEE WAIVER REQUEST - SAN CLEMENTE WELLNESS AND PREVENTION\nCENTER FAMILY FEST SPECIAL EVENT PERMIT\nStaff Recommendation\nApprove a one-time fee waiver for the Wellness and Prevention Center's 2023\nFamily Fest event to be held at Jim Johnson Memorial Sports Park in an amount\nnot to exceed $3,934.

G. CONTRACT AWARD - AVENIDA MONTALVO CANYON AND TRAIL\nIMPROVEMENT\nStaff Recommendation\n1. Approve the Plans and Specifications for the Avenida Montalvo Canyon and\nTrail Improvement, CIP Project No. 16004.\n2. Approve, and authorize the Public Works Director/City Engineer to execute,\nContract No. C23-05, by and between the City of San Clemente and\nDiamond Construction, providing for the Avenida Montalvo Canyon and Trail\nImprovement, in the amount of $180,000.\n3. Approve, and authorize the Public Works Director/City Engineer to execute,\nan Agreement (Contract No. C23-06) for Sale of Mitigation Credits, San Luis\nRey Mitigation Bank, by and between the City of San Clemente and\nWildlands SLR Holdings I, LLC., providing for the sale of mitigation credits for\nthe Avenida Montalvo Canyon and Trail Improvement, in the amount of\n$24,600.

H. CONTRACT AMENDMENT - DELIVERY OF 12.5% SODIUM HYPOCHLORITE\nStaff Recommendation\nApprove, and authorize the City Manager to execute, Amendment No. 3 to\nContract No. C18-50, by and between the City of San Clemente and Waterline\nTechnologies, Inc., providing for Sodium Hypochlorite deliveries. This contract\namendment increases the contract amount from $72,420 to $102,420 (an\nincrease of $30,000).

I. NOTICE OF COMPLETION - CYPRUS SHORE SEWER LINING\nStaff Recommendation\n1. Accept the Cyprus Shore Sewer Lining, from the contractor, Sancon\nTechnologies, Inc., Project No. 12209.\n2. Authorize the Utilities Director to execute, and the City Clerk to record, the\nNotice of Completion for the Cyprus Shore Sewer Lining.\n3. Authorize the City Clerk to release the Payment Bond 35 days from the\nrecordation of the Notice of Completion upon verification with the Utilities\nDepartment that no liens have been levied against the contractor, Sancon\nTechnologies, Inc.

J. RATIFICATION OF EMERGENCY PURCHASES AND SUPPLEMENTAL\nFUNDING FOR CYPRUS SHORE PUMP STATION EMERGENCY\nOPERATION\nStaff Recommendation\n1. Make a finding that an emergency continues to exist due to the potential\nfailure of an existing sewer pump station and storm drain system and that the\nsituation requires immediate action to prevent or mitigate impairment to\nproperty and public services, that might otherwise occur if required to incur\ndelays attributed to the typical engineering design and public competitive\nbidding process.\n2. Declare that the public interest and necessity demand the immediate\nexpenditure of public funds to safeguard public health.\n3. Approve a supplemental appropriation in the amount of $714,450 to Account\nNumber 054-476-45300-000-12209 from the Sewer Fund Depreciation\nReserve.\n4. Approve, and authorize the Interim City Manager to execute, Change Order\nNo. 06 to Contract No. C21-41, by and between the City of San Clemente\nand O’Connell Engineering and Construction, Inc., on a time and materials\nbasis for the Cyprus Shore Emergency Pump Station Bypass Operation, in\nthe amount of $510,000.

K. ACCEPTANCE OF EMERGENCY ACCESS EASEMENT LOCATED AT 501\nAND 515 AVENIDA VAQUERO-SHORECLIFFS SENIOR APARTMENTS AND\nSHORECLIFFS GOLF COURSE\nStaff Recommendation\n1. Accept the Grant of Easement for Emergency Ingress and Egress from\nGS-SM San Clemente Owner, LLC and GC-8, LLC.\n2. Authorize the Mayor and City Clerk to execute the Grant of Easement for\nEmergency Ingress and Egress and Certificate of Acceptance.\n3. Authorize the City Clerk to record the Grant of Easement for Emergency\nIngress and Egress and Certificate of Acceptance with the Orange County\nClerk-Recorder.

L. CONTRACT AWARD - RICHARD T. STEED PARK SLOPE EROSION\nREPAIRS\nStaff Recommendation\n1. Make a finding that an emergency exists in providing erosion repairs on the\nslope adjacent to the ball fields at the Richard T. Steed Park to potentially\nprevent or mitigate impairment to property and public services, that might\notherwise occur if required to incur delays attributed to the typical\nengineering design and public competitive bidding process.\n2. Approve, and authorize the Public Works Director/City Engineer to execute,\nContract No. 23-07, by and between the City of San Clemente and O’Connell\nEngineering and Construction, Inc., providing for the Richard T. Steed Park\nSlope Erosion Repairs, in the amount of $98,460.

A. APPEAL OF MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOODS\nBEER AND WINE, 2801 S. EL CAMINO REAL\nContinued public hearing to consider a City Council initiated appeal of the\nZoning Administrator's approval of Minor Conditional Use Permit 22-197, Primo\nFoods Beer and Wine, 2801 S. El Camino Real, which approved beer and wine\nsales at Primo Foods Market and Deli for off-site consumption, with hours of\noperation from 8:00 a.m. - 8:00 p.m. daily. The project does not propose\nchanges to the existing market.\nStaff Recommendation\nAffirm the Zoning Administrator's approval of Minor Conditional Use Permit\n22-197, and adopt Resolution No. 23-03 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING,\nMINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOOD BEER AND\nWINE, A REQUEST TO ALLOW BEER AND WINE SALES FOR OFF-SITE\nCONSUMPTION LOCATED AT 2801 EL CAMINO REAL.

B. BILLING FOR 2022 WEED ABATEMENT PROGRAM\nPublic hearing to consider all objections or protests, if any, to the costs of the\nabatement of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways\nand private property within the City of San Clemente and to the assignment of\nthese costs to the properties on which the abatement was completed.\nStaff Recommendation\n1. Waive the City’s notification costs for the compliant property owners.\n2. Approve the Weed Abatement Report.\n3. Authorize the Weed Abatement Contract Administrator to bill the amounts\nindicated in the report to the appropriate property owners.

A. CONSIDERATION OF PILOT “GREEN LINE” TROLLEY ROUTE\nStaff Recommendation\n1. Establish the operating timeframe of March 11 through May 21, 2023 on\nSaturdays and Sundays for the pilot “Green Line” Trolley.\n2. Direct staff to pursue the inland route or the southern route for the pilot\n“Green Line” Trolley.\n3. Direct city staff to collaborate with LAZ to establish the precise curb locations\nand signage for the temporary pilot route.

A. PROCEDURES FOR ELECTING COUNCIL OFFICERS AND APPOINTING\nCOMMISSIONERS AND COMMITTEE MEMBERS\n(Agendized at the December 20, 2022 City Council meeting).\nStaff Recommendation\nAdopt Resolution No. 23-04 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CITY\nCOUNCIL POLICY AND PROCEDURE 1201-11 (COUNCIL MEETING AND\nOPERATING PROCEDURES) TO INCLUDE POLICIES FOR THE ELECTION\nOF MAYOR AND MAYOR PRO TEMPORE AND APPOINTMENTS TO CITY\nCOMMISSIONS AND COMMITTEES and amend Sections 4.2 and 4.8 of Policy\n1201-11 concerning Council Election of Mayor and Mayor Pro Tempore and\nNominations and Vote on City Council Appointments to Commission and\nCommittees.

B. ELECTION OF MAYOR PRO TEM\n(Agendized by Councilmember Cabral with the support of Councilmember\nJames at the January 17, 2023 City Council meeting.)

C. INITIATION OF ZONING AMENDMENT TO CHAPTER 16.50\n(STATE-MANDATED SUBDIVISIONS) AND CHAPTER 17.86\n(STATE-MANDATED RESIDENTIAL PROJECTS) OF THE SAN CLEMENTE\nMUNICIPAL CODE TO 1) ADD LANGUAGE FOR NON-CONFORMING\nURBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DISCRETIONARY\nAPPROVAL, 2) REVISE LANGUAGE FOR VERY HIGH FIRE HAZARD\nSEVERITY ZONES, 3) REVISE ALLEY SETBACK AREA STANDARDS, IN\nACCORDANCE WITH CALIFORNIA SENATE BILL 9\nStaff Recommendation\nInitiate Zoning Amendment to Chapter 16.50 (State-Mandated Subdivisions) and\nChapter 17.86 (State-Mandated Residential Projects) of the San Clemente\nMunicipal Code to:\n1. Add language for non-conforming urban lot splits and two-unit projects\nand discretionary approval.\n2. Revise language for very high fire hazard severity zones.\n3. Revise alley setback area standards, in accordance with California\nSenate Bill 9.

D. ACTION PLAN REPORT FOR ADDRESSING CITY’S ANTI-CAMPING CODE\nCOMPLIANCE AND ASSOCIATED PUBLIC PROPERTY MAINTENANCE\nEFFORTS\nStaff Recommendation\nReceive and file the Administrative Report dated February 7, 2023, and on file\nwith the City Clerk.

E. CONSIDER SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA\nCOASTAL COMMISSION AND THE ARMY CORPS OF ENGINEERS TO\nAUTHORIZE AN OCEAN CAPABLE DREDGING VESSEL, WITH A TRAILING\nSUCTION DEVICE, TO DREDGE A SWATH OF APPROPRIATE SAND\nQUALITY SEABED NEAR THE BEACH, AND SIMULTANEOUSLY SPRAY\nTHE SAND ONTO THE ADJACENT BEACHES\n(Agendized by Mayor Pro Tem Knoblock with the support of Councilmember\nEnmeier, and Councilmember James at the January 17, 2023 City Council\nmeeting.)\nStaff Recommendation\n1. Determine submittal of application to the California Coastal Commission and\nthe United Stated Army Corps of Engineers for rainbow dredging is not\nsubject to CEQA because it does not constitute a “project” as defined by\nCEQA Guidelines.\n2. Provide direction to staff as to the City Council's desire to submit an\napplication to the California Coastal Commission and United States Army\nCorps of Engineers for rainbow dredging approval.

F. DISPLAY OF PHOTOGRAPHS AND OTHER WORKS AT CITY HALL\n(Agendized by Councilmember James with the support of Councilmember\nCabral at the January 17, 2023 City Council meeting.)