San Clemente — 2023-03-07

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: 2\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)\nCase Name: City of San Clemente v. Emergency Shelter Coalition, et al.\nOrange County Superior Court Case Number: 2020-01153535-CU-EI-CXC

B. PUBLIC EMPLOYEE APPOINTMENT\nPursuant to Government Code section 54957(b)(1)\nTitle: City Attorney

A. Presentation of Commendation - Cabrillo Playhouse 70th Anniversary\nPresentation of Commendation to Lee Tilles, Cabrillo Playhouse Board\nPresident and Sandra Weaver, Box Office Manager, in recognition of the 70th\nanniversary of the Cabrillo Playhouse.

B. Recognition of San Clemente Girls All Star Soccer Team\nPresentation of Commendations to San Clemente All Star U10 Soccer players:\nGianna Alva, Marlowe Conlan, Sadie Henry, Soleil Jerome, Evelyn Koch,\nCharlotte Lee, Emilie Mulcahy, Kaylani Rodriguez and Sienna Roland for their\nbid to the Western States Championship on March 12, 2023.\nPage 2 of 9\nCity Council Regular Meeting Agenda March 7, 2023

A. Commissions and Committees\n(1) RESIGNATION OF RYAN BOURQUE FROM THE INVESTMENT\nADVISORY COMMITTEE\nStaff Recommendation\n1. Accept the resignation of Ryan Bourque from the Investment Advisory\nCommittee, with regret.\n2. Provide direction to staff on whether to solicit applications to fill the\nremainder of Mr. Bourque’s term (June 2024) or to leave the position\nvacant, and advertise for the position when the City seeks applications\nfor all of its Commissions and Committees in April.

B. City Manager

C. City Attorney

D. Council Members

E. Council Subcommittee Updates\nPage 7 of 9\nCity Council Regular Meeting Agenda March 7, 2023

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n2802 THROUGH 2804 AND WARRANT NOS.\n586401 THROUGH 586551, PAID ON\n2-17-23, IN THE AMOUNT OF $2,240,737.20\n(2) APPROVE WIRE TRANSFER NOS.\n2805 THROUGH 2809 AND WARRANT NOS.\n586552 THROUGH 586713, PAID ON\n2-24-23, IN THE AMOUNT OF $2,145,866.58\nTOTAL WARRANT REGISTER $4,386,603.78\nPayroll Register\nWARRANT NOS. 897 THROUGH 898, AND\nAUTOMATIC DEPOSIT ADVISES 84047\nTHROUGH 84320, FOR THE PERIOD\n2-6-23 THROUGH 2-19-23, PAID\nON 2-24-23, IN THE AMOUNT OF $428,392.00\nTOTAL PAYROLL REGISTER $428,392.00

D. CALLE DEL CERRO BIKE LANE AND STOP SIGN IMPROVEMENTS\nStaff Recommendation\n1. Approve the project plans for restriping Calle Del Cerro for bicycle lane\nfacilities.\n2. Adopt Resolution No. 23-05 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nMASTER TRAFFIC RESOLUTION NO 1846, ESTABLISHING “THROUGH\nSTREETS AND STOP INTERSECTIONS” ON CALLE DEL CERRO AT\nAVENIDA VISTA MONTANA (EAST).\n3. Direct staff to contact the San Clemente Business Park Master Association\nto communicate residents’ concerns about speeding traffic on Calle Del\nCerro and request them to notify their employees to observe the speed limit\non Calle Del Cerro in the residential areas.\n4. Direct staff to contact the Master Home Owners Association and review the\ntract landscaping plans regarding the intersection of Avenida Vista Montana\n(east) with the intention for solutions for vehicular interactions at the\nPage 4 of 9\nCity Council Regular Meeting Agenda March 7, 2023\nintersection of Avenida Vista Montana (east) and Calle Del Cerro.\n5. Direct staff to contact the Orange County Sheriff's Department for additional\nspot enforcement at the intersection of Avenida Vista Montana (east) and\nCalle Del Cerro for observing the stop signs after installing the stop signs and\nat the bottom of the hill toward Avenida Pico for speed enforcement.

E. FEE WAIVER REQUEST - HAWAIIAN SURF CLUB OF SAN ONOFRE 2023\nPOLYNESIAN FESTIVAL\nStaff and the Beaches, Parks and Recreation Commission Recommendation\nApprove a one-time fee waiver of all facility rental fees for the 2023 Polynesian\nFestival and Luau hosted by the Hawaiian Surf Club of San Onofre, at the San\nClemente Community Center, in an amount not to exceed $1,245.

F. CONTRACT AMENDMENT - LEGISLATIVE ADVOCACY SERVICES\nStaff Recommendation\nApprove, and authorize the City Manager to execute, Amendment No. 2 to\nContract C21-09, by and between the City of San Clemente and Aprea and\nMicheli, providing for Legislative Advocacy Services. This amendment extends\nthe contract term date to March 31, 2024, and increases the not to exceed\ncontract amount from $360,000 to $480,000 (an increase of $120,000), plus\napproved expenses.

G. GOLF COURSE TREE MAINTENANCE SUPPLEMENTAL BUDGET\nAPPROPRIATION\nStaff and the Golf Course Committee Recommendation\nApprove a supplemental appropriation of $66,000 to the Golf Course\nMaintenance of Trees Account No. 056-661-43426, for cleanup and repairs of\nthe course related to the January 2023 storm and for the purchase and\ninstallation of replacement trees on the golf course at hole # 2, 3, 5 & 8.

A. IMPLEMENTATION OF EMERGENCY ACTIONS TO ASSIST UNSHELTERED\nINDIVIDUALS DURING TIMES OF INCLEMENT WEATHER\n(Agendized at the February 28, 2023 Adjourned Regular Meeting by Mayor\nDuncan, with support from Mayor Pro Tem Knoblock and Councilember\nEnmeier.)\nStaff Recommendation\nDirect the City Manager to work with staff to form an outreach team to\nimplement emergency actions for unsheltered persons during inclement weather\nusing the definitions and options included in the Administrative Report, dated\nMarch 7, 2023, and on file with the City Clerk.

B. INITIATION OF PEDESTRIAN STREET ENCROACHMENT ORDINANCE\nStaff and the Public Safety Committee Recommendation\nInitiate an amendment to the San Clemente Municipal Code to regulate\ndangerous pedestrian encroachments on public streets.

C. CODE ENFORCEMENT LEGAL SERVICES\nStaff Recommendation\n1. Direct staff to terminate contract C19-80 by and between the City of San\nClemente and Silver & Wright LLP, providing for code enforcement legal\nservices.\n2. Direct staff to terminate contract C19-81 by and between the City of San\nClemente and Silver & Wright LLP, providing for municipal citation legal\nservices.\n3. Approve, and authorize the City Manager to execute, Contract No. C23-10,\nby and between the City of San Clemente and Civica Law Group, APC,\nproviding for code enforcement legal services for a prorated, not-to-exceed\namount of $62,00 for FY 2022-23, and renew annually each fiscal year for a\nnot-to-exceed amount of $186,000, subject to approval through the annual\nbudget adoption.\n4. Approve, and authorize the City Manager to execute, Contract No. C23-11,\nby and between the City of San Clemente and Civica Law Group, APC,\nproviding for municipal citation legal services for a prorated, not-to-exceed\namount of $33,200 for FY 2022-23, and renew annually each fiscal year for a\nnot-to-exceed amount of $99,600, subject to approval through the annual\nbudget adoption.\nPage 6 of 9\nCity Council Regular Meeting Agenda March 7, 2023

D. CODE AMENDMENT - CITY MANAGER AUTHORITY TO DISPOSE OF\nCLAIMS AGAINST THE CITY\nStaff Recommendation\nIntroduce Ordinance No. 1749 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING\nSECTION 2.08.090 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING\nTO THE CITY MANAGER’S AUTHORITY TO DISPOSE OF CLAIMS AGAINST\nTHE CITY.