San Clemente — 2023-03-21

City Council

#A Closed Session
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION\nSignificant exposure to litigation pursuant to Government Code section 54956.9(d)(2)\nNumber of Cases: 2
#C Consent Calendar
C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n2810 THROUGH 2813 AND WARRANT NOS.\n586714 THROUGH 586892, PAID ON\n3-3-23, IN THE AMOUNT OF $4,565,865.58\n(2) APPROVE WIRE TRANSFER NOS.\n2814 THROUGH 2817 AND WARRANT NOS.\n586893 THROUGH 587004, PAID ON\n3-10-23, IN THE AMOUNT OF $2,671,864.29\nTOTAL WARRANT REGISTER $7,237,729.87\nPayroll Register\nWARRANT NO. 899, AUTOMATIC DEPOSIT\nADVISES 84321 THROUGH 84610, FOR\nTHE PERIOD 2-20-23 THROUGH 3-5-23,\nPAID ON 3-10-22, IN THE AMOUNT OF $448,178.19\nTOTAL PAYROLL REGISTER $448,178.19\nPage 3 of 10\nCity Council Regular Meeting Agenda March 21, 2023
#D Consent Calendar
D. NOTICE OF COMPLETION - TREE AND PALM PLANTING ON CALLE DEL\nCERRO AND AVENIDA VISTA MONTANA\nStaff Recommendation\n1. Accept the Tree and Palm Plantings on Calle Del Cerro and Avenida Vista\nMontanta, from the contractor, Marina Landscape, Inc., Project No. 12306.\n2. Authorize the Public Works Director/City Engineer to execute and record the\nNotice of Completion for the Tree and Palm Plantings on Calle Del Cerro and\nAvenida Vista Montana.\n3. Authorize the City Clerk to release the Payment Bond 35 days from the\nrecordation of the Notice of Completion upon verification with the\nMaintenance Services Division that no liens have been levied against the\ncontractor, Marina Landscape, Inc.\n4. Authorize the City Clerk to release the Performance Bond.
#E Consent Calendar
E. ORDINANCE 1749 (SECOND READING) - CITY MANAGER AUTHORITY TO\nDISPOSE OF CLAIMS AGAINST THE CITY\nStaff Recommendation\nAdopt Ordinance No. 1749 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION\n2.08.090 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE\nCITY MANAGER'S AUTHORITY TO DISPOSE OF CLAIMS AGAINST THE\nCITY.
#F Consent Calendar
F. CONTRACT AMENDMENT - AVENIDA PICO CLASS 1 BIKE/PEDESTRIAN\nPATH PHASE 1, AND AVENIDA PICO WIDENING I-5 TO FRONTERA\nStaff Recommendation\nApprove, and authorize the City Manager to execute, Amendment No. 1 to\nContract No. C20-69, by and between the City of San Clemente and Stantec,\nproviding for additional evaluation and design services for the Avenida Pico\nClass 1 Bike/Pedestrian Path and Class 2 Bike Lane. This amendment\nincreases the contract amount from $367,403 to $383,903 (an increase of\n$16,500) and extends the contract term to December 31, 2023.\nPage 4 of 10\nCity Council Regular Meeting Agenda March 21, 2023
#G Consent Calendar
G. NOTICE OF COMPLETION - FY 2023 PAVEMENT PRESERVATION\nPROGRAM\nStaff Recommendation\n1. Accept the FY 2023 Pavement Preservation Program from the contractor,\nPalp Inc. DBA Excel Paving Company, CIP Project No. 23303.\n2. Authorize the Public Works Director/City Engineer to execute and record the\nNotice of Completion for the FY 2023 Pavement Preservation Program.\n3. Authorize the City Clerk to release the Payment Bond 35 days from the\nrecordation of the Notice of Completion upon verification with the\nEngineering Division that no liens have been levied against the contractor,\nPalp, Inc. DBA Excel Paving Company.\n4. Authorize the City Clerk to release the Performance Bond upon receipt of a\nWarranty Bond in the amount of 25% of the construction cost.
#H Consent Calendar
H. FINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER\nRESOURCES CONTROL BOARD FOR THE WATER RECYCLING FUNDING\nPROGRAM\nStaff Recommendation\nAdopt Resolution No. 23-08 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING A\nFINANCIAL ASSISTANCE APPLICATION TO THE STATE WATER\nRESOURCES CONTROL BOARD FOR THE RECYCLED WATER QUALITY\nIMPROVEMENT PROJECT AT THE CITY OF SAN CLEMENTES WATER\nRECLAMATION PLANT.
#I Consent Calendar
I. 2022 GENERAL PLAN ANNUAL PROGRESS REPORT\nStaff Recommendation\n1. Adopt Resolution No. 23-06 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ACCEPTING\nTHE GENERAL PLAN 2022 ANNUAL PROGRESS REPORT.\n2. Direct staff to submit the 2022 Annual Progress Report to the State as\nrequired by law.\nPage 5 of 10\nCity Council Regular Meeting Agenda March 21, 2023
#J Consent Calendar
J. GRANT FUNDING APPLICATION TO THE BUREAU OF RECLAMATION’S\nWATERSMART WATER RECYCLING AND DESALINATION PLANNING\nPROGRAM\nStaff Recommendation\nAdopt Resolution No. 23-07 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN\nAPPLICATION FOR GRANT FUNDING BY THE BUREAU OF\nRECLAMATION'S WATERSMART WATER RECYCLING AND DESALINATION\nPLANNING PROGRAM FOR THE RECYCLED WATER EXPANSION\nPROJECT- PLANNING PHASE.
#K Consent Calendar
K. CONTRACT AMENDMENT - “ON-CALL GRANT FUNDING ASSISTANCE”\nCONSULTING SERVICES\nStaff Recommendation\nApprove, and authorize the Public Works Director/City Engineer to execute,\nAmendment No. 1 to Contract No. AC-1090, by and between the City of San\nClemente and Engineering Solutions Services, providing for On-Call Grant\nFunding Assistance consulting services. This amendment increases the\ncontract amount from $48,000 to $98,000 (an increase of $50,000).
#L Consent Calendar
L. CONTRACT AMENDMENT - AS-NEEDED BUILDING PLAN CHECK\nSERVICES\nStaff Recommendation\nApprove, and authorize the City Manager to execute, Amendment No. 6 to\nContract AC-826, by and between the City of San Clemente and West Coast\nCode Consultants, providing as-needed plan check services. This amendment\nincreases the contract amount from $385,000 to $485,000 (an increase of\n$100,000).
#M Consent Calendar
M. CONTRACT AWARD - ADVANCED MAINTENANCE AND SUPPORT FOR\nPERMITTING AND LICENSING SOFTWARE\nStaff Recommendation\nApprove, and authorize the City Manager to execute, Contract No. C23-12, by\nand between the City of San Clemente and ClientFirst Technology Consulting,\nproviding for Permitting and Licensing System Advanced Maintenance and\nSupport Services, in an amount not to exceed $24,500.\nPage 6 of 10\nCity Council Regular Meeting Agenda March 21, 2023
#N Consent Calendar
N. ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2023\nStaff Recommendation\nAdopting Resolution No. 23-09 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, PURSUANT TO\nSECTIONS 39561 AND 39562 OF THE CALIFORNIA GOVERNMENT CODE\nDECLARING WEEDS, RUBBISH, REFUSE, AND DIRT UPON STREETS,\nSIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC\nNUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF.
#A New Business
A. POLICY AND PROCEDURE 1201-11 - CITY COUNCIL MEETING AND\nOPERATING PROCEDURES (PROPOSED UPDATE PURSUANT TO\nCOUNCIL’S DIRECTION OF FEBRUARY 21, 2023, AND AN UPDATE TO\nTHE CITY COUNCIL TRAVEL POLICIES TO IMPROVE COUNCIL\nCOMMUNICATION AND PUBLIC TRANSPARENCY\n(Agendized at the February 21, 2023 City Council meeting by Mayor Duncan,\nwith the support of Councilmember James and Mayor Pro Tem Knoblock.)\nStaff Recommendation\nAdopt revised Policy and Procedure 1201-11 (City Council Meeting and\nOperating Procedures), effective March 21, 2023.
#B New Business
B. YOUTH SPORT PARTNERSHIP AGREEMENT RENEWALS\nStaff and the Beaches, Parks & Recreation Commission Recommendation\n1. Approve Platinum Partnership status to American Youth Soccer Organization\nRegion 111, San Clemente Little League, and South Coast Youth Football\neach with a one-year agreement.\n2. Approve Platinum Partnership status to San Clemente Girls Softball for the\nspring 2023 season with an option to extend for up to one-year if residency\nrequirements are met.\n3. Approve Gold Partnership status to Elite Soccer League with a one-year\nagreement.\n4. Authorize the Beaches, Parks & Recreation Director to execute the sport\npartnership agreements for each organization.
#C New Business
C. APPOINTMENT OF BURKE, WILLIAMS AND SORENSEN TO PROVIDE CITY\nATTORNEY SERVICES TO THE CITY OF SAN CLEMENTE\nStaff Recommendation\n1. Approve, and authorize the City Manager to execute, Contract No. C23-14,\nby and between the City of San Clemente and Burke, Williams and Sorensen\nLLP, providing for legal services for the City of San Clemente.\n2. Approve, and authorize the City Manager to administer an immediate work\ntransition between Best, Best and Krieger and Burke, Williams and Sorensen\nLLP and to present a longer term transition plan to the City Council at a\nfuture date.\nPage 8 of 10\nCity Council Regular Meeting Agenda March 21, 2023
#A Public Hearings
A. CONLEY HEARING ON APPEAL OF ADMINISTRATIVE ENCROACHMENT\nPERMIT E22-0112\nContinued Public Hearing to consider a resident initiated appeal of the Public\nWorks Director's revocation of Administrative Encroachment Permit E22-0112\n("Permit") for the Conley Residential Landscape Improvements located in the\nstreet right of way of Via Manzana and Paseo Activo.\nStaff Recommendation\nAffirm the decision of the Public Works Director/City Engineer revoking\nAdministrative Encroachment Permit E22-0112.
#A Reports
A. Commissions and Committees
#B Reports
B. Council Subcommittee Updates
#C Reports
C. Council Members
#D Reports
D. City Attorney
#E Reports
E. City Manager
#A Special Presentations
A. FEBRUARY UPDATE ON THE HOMELESS ISSUE
#B Special Presentations
B. PRESENTATION OF PROCLAMATION - AMERICAN RED CROSS MONTH\nPresentation of Proclamation to the American Red Cross proclaiming March as\nAmerican Red Cross month.
#C Special Presentations
C. PRESENTATION OF COMMENDATION - SAN CLEMENTE HIGH\nSCHOOL BOYS VARSITY SOCCER TEAM\nPresentation of Commendation to the San Clemente High School Boys Varsity\nSoccer Team in honor of winning the CIF Title.
#D Special Presentations
D. 2023 WYLAND NATIONAL MAYOR’S CHALLENGE FOR WATER\nCONSERVATION\nStaff Recommendation\nApprove, and authorize the Mayor or his designee to sign the online letter of\nsupport for, and the City's participation in, the National Mayor's\nChallenge.
#A Unfinished Business
A. CONTRACT AWARD - LEGISLATIVE ADVOCACY SERVICES\nStaff Recommendation\nApprove, and authorize the City Manager to execute, Contract No. C23-13, by\nand between the City of San Clemente and Aprea & Micheli, providing for\nLegislative Advocacy Services, in the amount of $300 per hour for the contract\nterm of April 1, 2023 to March 31, 2025.\nPage 7 of 10\nCity Council Regular Meeting Agenda March 21, 2023