San Clemente — 2023-07-18

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION\nSignificant exposure to litigation pursuant to Government Code section 54956.9(a)(d)\n(2)\nNumber of Cases: 1\nFacts and Circumstances per Government Code section 54956.9(e)(2): Allegations\nunder the California Voting Rights Act of 2001

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nExisting litigation pursuant to Government Code Section 54956.9(d)(1)\nNumber of Cases: 3\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: Ferguson v. San Clemente, et al.\nOrange County Superior Court Case No. 30-2021-01221022-CU-WM-CJC

C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION\nWhether to initiate litigation pursuant to Government Code section 54956.9(d)(4)\nNumber of Cases: 1\nCase Name: Southern California Edison Company v. California State Board of\nEqualization\nOrange County Superior Court Case No: 30-2023-01328239-CU-MC-CXC\nBUSINESS MEETING (6:00 P.M.)

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n2866 THROUGH 2869 AND WARRANT NOS.\n589046 THROUGH 589171, PAID ON\n6-16-23, IN THE AMOUNT OF $1,361,196.24\n(2) APPROVE WIRE TRANSFER NOS.\n2870 THROUGH 2871 AND WARRANT NOS.\n589172 THROUGH 589311, PAID ON\n6-23-23, IN THE AMOUNT OF $883,280.90\n(3) APPROVE WIRE TRANSFER NOS.\n2872 THROUGH 2875 AND WARRANT NOS.\n589312 THROUGH 589478, PAID ON\n6-30-23, IN THE AMOUNT OF $923,840.26\n(4) APPROVE WIRE TRANSFER NOS.\n2876 THROUGH 2880 AND WARRANT NOS.\n589479 THROUGH 589706, PAID ON\n7-7-23, IN THE AMOUNT OF $5,509,110.73\nTOTAL WARRANT REGISTER $8,677,428.13\nPayroll Register\nWARRANT NO. 903, AUTOMATIC DEPOSIT\nADVISES 86377 THROUGH 86706,\nFOR THE PERIOD 5-29-23 THROUGH\n6-11-23, PAID ON 6-16-23, IN THE\nAMOUNT OF $515,661.84\nWARRANT NOS. 904 THROUGH 907\nAUTOMATIC DEPOSIT ADVISES 86707\nTHROUGH 87063, FOR THE PERIOD\n6-12-23 THROUGH 6-25-23, PAID\nON 6-30-23, IN THE AMOUNT OF $538,807.40\nTOTAL PAYROLL REGISTER $1,054,469.24

D. ORDINANCE NO. 1753 (SECOND READING) - THE COASTAL ADVISORY\nCOMMITTEE\nStaff Recommendation\n1. Adopt Ordinance No. 1753 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING\nCHAPTER 2.29 TO THE MUNICIPAL CODE OF THE CITY OF SAN\nCLEMENTE TO CREATE A COASTAL ADVISORY COMMITTEE.\n2. Upon adoption of Ordinance No. 1753, direct the City Clerk to recruit to fill 5\nvacancies on the newly created Coastal Advisory Committee, and set a\nmeeting date to interview and appoint committee members.

E. CONSIDERATION OF APPROVAL FOR TRAINING - MAYOR PRO TEMPORE\nKNOBLOCK ATTENDANCE AT CALIFORNIA JOINT POWERS INSURANCE\nAUTHORITY (JPIA) RISK MANAGEMENT EDUCATIONAL FORUM\nStaff Recommendation\nApprove training request for Mayor Pro Tem Knoblock in the amount of $700 to\nattend the California JPIA Risk Management Educational Forum.

F. CONSIDERATION OF APPROVAL FOR TRAVEL - MAYOR DUNCAN\nATTENDANCE AT COMMANDANT’S NATIONAL SECURITY PROGRAM\n(CNSP)\nStaff Recommendation\nApprove the Mayor's request for reimbursement of $425 for roundtrip airfare\nfrom Los Angeles to Harrisburg, Virginia to participate in the Commandant's\nNational Security Program.

G. CONSIDERATION OF WAIVING THE BLACKBALL POLICY AT T-STREET\nFOR SPECIAL EVENT PERMIT - ANNUAL RED BULL FOAM WRECKERS\nTOUR AND DETERMINING THAT THE PROJECT IS CATEGORICALLY\nEXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER\nCLASS 1 (EXISTING FACILITIES)\nStaff Recommendation\nAdopt Resolution No. 23-64, which will:\n1. Determine that the project is categorically exempt from the California\nEnvironmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR\nsection 15301) of the state CEQA guidelines.\n2. Approve a waiver of the blackball policy at T-Street for up to three years for\none day in August, to allow for the setup and operation of the Red Bull Foam\nWreckers Tour surf contest.

H. CONTRACT AWARD - FY 2023-2024 STREET IMPROVEMENT PROGRAM\nAND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 23-65, which will:\n1. Find the FY 2023-24 Street Improvement Program, Project No. 14337\ncategorically exempt from the California Environmental Quality Act (CEQA)\nunder Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA\nGuidelines.\n2. Award the FY 2023-24 Street Improvement Program to Roy Allan Slurry\nSeal, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C23-39,\nby and between the City of San Clemente and Roy Allan Slurry Seal, Inc.,\nproviding for the FY 2023-24 Street Improvement Program, in an amount not\nto exceed $2,754,072, plus a 10% project contingency of $275,407, in a form\nsubstantially similar to Contract No. C23-39 (Attachment 4).

I. CONSIDERATION OF UPDATING THE SPILL EMERGENCY RESPONSE\nPLAN SECTION OF THE CITY OF SAN CLEMENTE SANITARY SEWER\nMANAGEMENT PLAN AND FINDING THE PROJECT CATEGORICALLY\nEXEMPT FROM THE ENVIRONMENTAL QUALITY ACT UNDER CLASS 8\nStaff Recommendation\nAdopt Resolution No. 23-66, which will:\n1. Determine that the Project is categorically exempt from CEQA under Class 8\n(Actions by Regulatory Agencies for Protection of the Environment, 14 CCR\nsection 15308), of the State CEQA Guidelines.\n2. Approve, and authorize the City Manager and Utilities Manager to execute,\nthe Spill Emergency Response Plan (Contract No. C23-41).\n3. Authorize the City Manager and Utilities Manager to approve the Spill\nEmergency Response Plan Amendment, and any future minor updates\nmandated by the State Water Resources Control Board regarding the\nSanitary Sewer Management Plan, Sanitary Sewer Overflow Prevention Plan\nand Sanitary Sewer Overflow Emergency Response Plan.

J. CONTRACT AWARD - PURCHASE OF COHESITY DATA PROTECTION\nSYSTEM\nStaff Recommendation\nAdopt Resolution No. 23-67, which will:\n1. Award Bid IT-036 to Savant Solutions, Inc.\n2. Approve, and authorize the City Manager to execute, Contract No. C23-40,\nby and between the City of San Clemente and Savant Solutions, Inc.,\nproviding for Cohesity Data Protection Solution under the terms of the State\nof California SLP-21-70-0276D, in an amount not to exceed $137,011, which\nincludes $124,511 for the equipment and software purchase, training, three\nyears of service, maintenance and support, as well as a contingency of\n$12,500 for increased data capacity as needed over the three-year term .\n3. Authorize City Staff to accept the Cohesity End User License Agreement and\nCohesity Software-as-a-Service (SAAS) Terms of Service.

K. CONSIDERATION OF APPROVING THE STRATEGIC IMPLEMENTATION\nPROGRAM FOR FISCAL YEAR 2023-2024\nPlanning Commission Recommendation\nAdopt Resolution No. 23-68, which will approve the General Plan Strategic\nImplementation Program for Fiscal Year 2023-24.

L. CONSIDERATION OF DELEGATING BANKING AND CUSTODIAL\nAUTHORITY\nStaff Recommendation\nAdopt Resolution No. 23-69, which will delegate banking and custodial authority\nto the Mayor, City Manager and City Treasurer as representatives of the City to\napprove and authorize banking and custodial documents.

M. CONSIDERATION OF APPROVING A CONTRACT CHANGE ORDER TO\nCONTINUE EMERGENCY PUMP WATCH SERVICES AND APPROPRIATING\nSUPPLEMENTAL FUNDING FOR CYPRUS SHORE PUMP STATION\nEMERGENCY OPERATION\nStaff Recommendation\nAdopt Resolution No. 23-70, which will:\n1. Find that an emergency exists due to the potential failure of an existing\nsewer pump station and storm drain system and that the situation requires\nimmediate action to prevent or mitigate impairment to property and public\nservices, that might otherwise occur if required to incur delays attributed to\nthe typical engineering design and public competitive bidding 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 $340,960 to Account\nNumber 054-476-45300-000-12209 from the Sewer Fund Depreciation\nReserve to fund emergency wastewater operations through March 2024.\n4. Approve, and authorize the City Manager to execute, Change Order No. 7 to\nContract No. C21-41, by and between the City of San Clemente and\nO’Connell Engineering and Construction, Inc., providing for Cyprus Shore\nEmergency Pump Station Bypass Operation, Project No. 12209, through\nSeptember 30, 2023, on a time and materials basis in the amount of\n$183,360.

A. CODE AMENDMENT - RELATING TO THE BEACHES, PARKS AND\nRECREATION COMMISSION AND HUMAN AFFAIRS COMMITTEE,\nRESPECTIVELY, ADDING CHAPTER 2.45, ESTABLISHING AN ARTS AND\nCULTURE COMMITTEE; AND CONSIDERATION OF A RESOLUTION\nREGARDING COMPENSATION FOR MEMBERS OF THE ARTS AND\nCULTURE COMMITTEE AND COASTAL ADVISORY COMMITTEE\n(Agendized by Council at the June 20, 2023 Regular City Council meeting.)\nStaff Recommendation\n1. Introduce Ordinance No. 1756 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nCHAPTERS 2.28 AND 2.40 OF THE MUNICIPAL CODE OF THE CITY OF\nSAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND\nRECREATION COMMISSION AND HUMAN AFFAIRS COMMITTEE,\nRESPECTIVELY, ADDING CHAPTER 2.45 ESTABLISHING AN ARTS AND\nCULTURE COMMITTEE.\n2. Adopt Resolution No. 23-75 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RELATING\nTO COMPENSATION PAID TO MEMBERS OF THE ARTS AND CULTURE\nCOMMITTEE AND COASTAL ADVISORY COMMITTEE.\n3. Upon adoption of Ordinance No. 1756, direct staff to recruit to fill five\nvacancies on the newly created Arts and Culture Committee and set a\nmeeting date to interview and appoint committee members.\n4. Receive and file the Administrative Report, dated July 18, 2023, which is on\nfile with the City Clerk.

B. CONSIDERATION OF DIRECTING FUTURE REPAIRS AT CASA\nROMANTICA, FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT AND APPROPRIATING $8,583,560 IN\nFUNDING\nStaff Recommendation\nAdopt Resolution No. 23-76, which will:\n1. Find the project exempt from the California Environmental Quality Act\npursuant to Section 15269(c) of the State CEQA Guidelines.\n2. Find that an emergency exists due to the potential failure of an existing slope\nand that the situation requires immediate action to prevent or mitigate\nimpairment to property and public services that might otherwise occur if\nrequired to incur delays attributed to the typical engineering analysis and\ncompetitive bidding process.\n3. Declare that the public interest and necessity demand the immediate\nexpenditure of public funds to safeguard public health.\n4. Approve a supplemental appropriation in the amount of $8,583,560 to\nAccount Number 001-481-43470-000-23502 from the Capital Reserve Fund\nbalance.\n5. Authorize and direct staff to take such actions as are necessary and proper\nto start immediately on the emergency slope stabilization repairs at Casa\nRomantica, including entering into a contract and bringing a future agenda\nitem to City Council to ratify an Emergency Construction Contract with\nAlliance Diversified Enterprises, Inc. on a time and materials basis for an\namount not to exceed $7,800,000.\n6. Authorize and direct staff to enter into a contract and bring a future agenda\nitem to City Council to ratify an Emergency Professional Consultant Services\nAgreement with LGC Geotechnical, Inc. on a time and materials basis for an\namount not to exceed $783,560 for geotechnical design and consulting,\nconstruction oversight, testing and inspection as well as the subcontracted\nwork to include surveying and civil site design.

C. I-5 FREEDOM NETWORK/THE LEVI PROJECT REQUEST FOR USE OF CITY\nLETTERHEAD\nStaff Recommendation\nApprove use of the City Letterhead for the i-5 Freedom Network/The Levi\nProject.

D. AGREEMENT BETWEEN THE CITY OF SAN CLEMENTE, THE CALIFORNIA\nDEPARTMENT OF TRANSPORTATION AND THE ORANGE COUNTY\nTRANSPORTATION AUTHORITY\nStaff Recommendation\nThere is no staff recommendation for this item.

A. BY-DISTRICT ELECTIONS - CONTINUATION OF PUBLIC HEARING\nPublic Hearing pursuant to Elections Code Section 10010(a)(1) for the\npurpose of inviting and receiving public input regarding the composition of\ndistricts before and the inform the drawing of a draft map or maps of the\nproposed boundaries of districts. if the Council passes a resolution of\nintention outlining its intention to transition from at-large to district based\nelections under Government Code Section 34886 effective for the\nNovember 2024 General Municipal Election.\nStaff Recommendation\nContinue the Public Hearing to the Regular City Council meeting of August 15,\n2023 and direct the City Clerk to re-advertise the Public Hearing.

B. CONSIDERATION OF ADOPTING AN UPDATED RECREATION FEE\nSCHEDULE AND REPEALING AND REPLACING POLICY AND PROCEDURE\n702-5 RECREATION SPORTS PARTNERSHIPS\nPublic Hearing to consider a City-initiated proposal to amend the parks and\nrecreation fee schedule associated with the discount given to youth sports\norganizations with approved sport partnerships pursuant to Chapter\n66018(a) of the California Government Code.\nStaff and the Beaches, Parks and Recreation Commission Recommendation\n1. Adopt Resolution No. 23-71, which will repeal and replace Policy and\nProcedure 702-5 Youth Field Sports Recreation Partnership.\n2. Adopt Resolution No. 23-72, which will amend the recreation fee schedule\nand repeal Resolution No. 16-23.

C. PUBLIC HEARING AND INTRODUCTION (FIRST READING) OF AN\nORDINANCE AMENDING CHAPTER 13.29.190 SUBSECTION (D) AND (E) OF\nTHE SAN CLEMENTE MUNICIPAL CODE RELATING TO SANITARY SEWER\nRATES AND FINDING THE ORDINANCE NOT SUBJECT TO THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nPublic Hearing to consider a proposal to amend the City of San Clemente\nMunicipal Code Section 13.24 regarding proposed rate modification for the\nSewer Utility.\nStaff Recommendation\n1. The public protest hearing be held and protests be counted.\n2. If protests are not received from a majority of parcels receiving wastewater\nservice, introduce and conduct the first reading of Ordinance No. 1754\nentitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN\nCLEMENTE, CALIFORNIA, AMENDING CHAPTER 13.24.190\nSUBSECTIONS (D) AND (E) OF THE SAN CLEMENTE MUNICIPAL CODE\nRELATING TO SANITARY SEWER RATES AND FINDING THE\nORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT.

D. APPEAL OF MINOR CONDITIONAL USE PERMIT 22-197, PRIMO FOODS\nBEER AND WINE, 2801 S. EL CAMINO REAL\nPublic Hearing to consider a City Council initiated appeal of the Zoning\nAdministrator's approval of Minor Conditional Use Permit 22-197, Primo\nFoods Beer and Wine, 2801 S. El Camino Real, which approved beer and\nwine sales at Primo Foods Market and Deli for off-site consumption, with\nhours of operation from 8 a.m. - 8 p.m. daily.\nStaff Recommendation\nAdopt Resolution No. 23-03 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING MINOR\nCONDITIONAL USE PERMIT 22-197, PRIMO FOOD BEER AND WINE, A\nREQUEST TO ALLOW BEER AND WINE SALES FOR OFF SITE\nCONSUMPTION LOCATED AT 2801 EL CAMINO REAL and affirm the Zoning\nAdministrator's approval of Minor Conditional Use Permit 22-197.

E. CONSIDERATION OF APPROVING THE UNITED STATES ARMY CORPS OF\nENGINEERS (USACE) COASTAL STORM DAMAGE REDUCTION PROJECT;\nADOPTING THE FINAL FEASIBILITY STUDY AND CERTIFYING THE FINAL\nENVIRONMENTAL IMPACT STATEMENT (FEIS)/ FINAL ENVIRONMENTAL\nIMPACT REPORT (FEIR) AND SUPPLEMENTAL ENVIRONMENTAL\nASSESSMENT (SEA) AND FINDING OF NO SIGNIFICANT IMPACT (FONSI);\nADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM,\nAND FINDINGS OF FACT AND STATEMENT OF OVERRIDING\nCONSIDERATIONS; AND AUTHORIZING ENTRY INTO A STATE LANDS\nLEASE\nPublic Hearing to consider the San Clemente and United States Army\nCorps of Engineers Coastal Storm Damage Reduction Project (Proposed\nProject); certify the Final Environmental Impact Statement/Environmental\nImpact Report (EIS/EIR); adopt a Mitigation Monitoring and Reporting\nProgram and Findings of Fact; and file a Notice of Determination.\nStaff Recommendation\nAdopt Resolution No. 23-74, which will:\n1. Approve the Project which will implement public beach restoration activities\nplacing 251,000 cubic yards of sand on the City’s beaches in 2023 with eight\nfuture beach sand replenishment events over the next 50 years (through\n2073/2074).\n2. Adopt the Final Feasibility Study and certify the Final Environmental Impact\nStatement (FEIS)/Final Environmental Impact Report (FEIR) and\nSupplemental Environmental Assessment (SEA)/Finding of No Significant\nImpact (FONSI).\n3. Adopt the Mitigation Monitoring and Reporting Program.\n4. Adopt the Findings of Fact and Statement of Overriding Considerations.\n5. Direct the Public Works Director/City Engineer to file the California\nEnvironmental Quality Act (CEQA) Notice of Determination with the County\nClerk.\n6. Authorize City Manager to enter into a State Lands Lease with the California\nState Lands Commission in support of the Project.

F. CODE AMENDMENT - COMMERCIAL AND RECREATIONAL VEHICLE\nPARKING AND FINDING THE ORDINANCE NOT SUBJECT TO THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\n(Agendized by Councilmember James, with the support of Councilmember\nCabral and Mayor Duncan at the February 21, 2023 Regular City Council\nmeeting.)\nPublic Hearing for the City Council to consider a recommendation of the\nPublic Safety Committee to adopt a proposed ordinance to amend various\nprovisions to Title 10, Vehicles and Traffic, of the San Clemente Municipal\nCode (SCMC) to modify regulations related to the parking of commercial,\nrecreational, and oversize vehicles on public property, including streets.\nStaff and Public Safety Committee Recommendation\nIntroduce Ordinance No. 1755 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nCHAPTERS 10.04, 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE\nSAN CLEMENTE MUNICIPAL CODE RELATING TO THE PARKING OF\nCOMMERCIAL, RECREATIONAL, AND WIDE VEHICLES AND TRAILERS ON\nPUBLIC PROPERTY AND FINDING THE ORDINANCE NOT SUBJECT TO\nTHE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

A. Commissions and Committees

B. Council Subcommittee Updates

C. Council Members\n(1) DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) TO\nREPRESENT SAN CLEMENTE AT THE LEAGUE OF CALIFORNIA\nCITIES ANNUAL BUSINESS MEETING\nStaff Recommendation\nDetermine whether or not to appoint a voting delegate to represent the\nCity at the Annual Business Meeting of the League of California Cities\nAnnual Conference on September 22, 2023, and also determine whether\nor not to appoint an alternate(s) to vote on the City's behalf in the event\nthe voting delegate is unable to vote at the Annual Business Meeting.

D. City Attorney

E. City Manager

A. Homeless Update

B. Recognition of San Clemente High School Boys Track State Champions\nRecognition of Pierce Clark, Jackson Brownell, Brett Ephraim and Taj Clark on\ntheir Boys Track State Championship.