San Clemente — 2023-08-15

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: 2\n1. Facts and Circumstances per Government Code section 54956.9(e)(2): Allegations\nunder the California Voting Rights Act of 2001.\n2. Facts and Circumstances per Government Code section 54956.9(e)(1): Facts and\ncircumstances that might result in litigation against the City that the City believes\nare not yet known to a potential plaintiff or plaintiffs.

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. Riverside Superior Court Consolidated Case No.: RIC 1800232 CA\nCourt 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

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: Socal Recovery, LLC, et al. v. City of Costa Mesa, et al.\nUnited States Court of Appeals for the Ninth Circuit Docket No.: 20-55820

D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nDiscussion concerning real property transactions in compliance with Government Code\nsection\n54956.8 regarding:\n1. Real Property Negotiations: APN 678-163-01\nProperty: 1.1-acre undeveloped area west of Courtney's Sandcastle Playground of\nVista Hermosa Sports Park\nCity Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of\nBeaches, Parks and Recreation\nNegotiating Parties: Salty Turf\nUnder Negotiation: Price and terms\n2. Real Property Negotiations: APN 679-152-03, APN 678-163-01and part of APN\n678-163-01\nProperty: 2.7-acre undeveloped area on the west side of Vista Hermosa Park,\n3.3-acre undeveloped lot at the southeast corner of Avenida Vista Hermosa and\nCamino Vera Cruz, and 2.3-acre undeveloped area at the southwest Avenida Vista\nHermosa and La Pata\nCity Negotiators: Andy Hall, City Manager, Cecilia Gallardo Daly, Community\nDevelopment Director and Jonathan Lightfoot, Economic Development Officer\nNegotiating Parties: Orange County Fire Authority\nUnder Negotiation: Price and terms\n3. Real Property Negotiations: APN 690-012-01\nProperty: The parking lot located at 100 Avenida Presidio, San Clemente, CA 92672\nCity Negotiators: Andy Hall, City Manager\nNegotiating Parties: Sysco Corporation\nUnder Negotiation: Price and terms\nBUSINESS MEETING (6:00 P.M.)

B. Commission/Committee Minutes\nStaff Recommendation:\nReceive and file the following:\n(1) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF\nJUNE 13, 2023.\n(2) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES\nOF MAY 1, 2023.\n(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF\nJUNE 27, 2023.\n(4) BEACHES, PARKS AND RECREATION COMMISSION REGULAR\nMEETING MINUTES OF APRIL 11, 2023.\n(5) HUMAN AFFAIRS COMMITTEE MEETING MINUTES OF JULY 25,\n2023.\n(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF\nAUGUST 2, 2023.\n(7) STUDY SESSION OF THE PLANNING COMMISSION MINUTES OF\nAUGUST 2, 2023.

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n2881 THROUGH 2886 AND WARRANT NOS.\n589707 THROUGH 589907, PAID ON\n7-14-23, IN THE AMOUNT OF $2,144,423.32\n(2) APPROVE WIRE TRANSFER NO.\n2887AND WARRANT NOS.\n589908 THROUGH 590030, PAID ON\n7-21-23, IN THE AMOUNT OF $4,584,852.70\n(3) APPROVE WIRE TRANSFER NOS.\n2888 THROUGH 2894 AND WARRANT NOS.\n590031 THROUGH 590275, PAID ON\n7-28-23, IN THE AMOUNT OF $4,641,596.50\nTOTAL WARRANT REGISTER $11,370,872.52\nPayroll Register\nAUTOMATIC DEPOSIT ADVISES 87064\nTHROUGH 87409, FOR THE PERIOD\n6-26-23 THROUGH 7-9-23, PAID\nON 7-14-23, IN THE AMOUNT OF $535,058.93\nAUTOMATIC DEPOSIT ADVISES 87410\nTHROUGH 87756, FOR THE PERIOD\n7-10-23 THROUGH 7-23-23, PAID\nON 7-28-23, IN THE AMOUNT OF $541,156.21\nTOTAL PAYROLL REGISTER $1,076,215.14

D. ORDINANCE NO. 1754 (SECOND READING) - AMENDING CHAPTER\n13.29.190 SUBSECTION (D) AND (E) OF THE SAN CLEMENTE MUNICIPAL\nCODE RELATING TO SANITARY SEWER RATES AND FINDING THE\nORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nStaff Recommendation\nAdopt Ordinance No. 1754 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER\n13.24.190 SUBSECTIONS (D) AND (E) OF THE SAN CLEMENTE MUNICIPAL\nCODE RELATING TO SANITARY SEWER RATES AND FINDING THE\nORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT.

E. ORDINANCE NO. 1756 (SECOND READING) - RELATING TO THE\nBEACHES, PARKS AND RECREATION COMMISSION AND HUMAN\nAFFAIRS COMMITTEE, RESPECTIVELY, ADDING CHAPTER 2.45,\nESTABLISHING AN ARTS AND CULTURE COMMITTEE\nStaff Recommendation\nAdopt Ordinance No. 1756 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS\n2.28 AND 2.40 OF THE MUNICIPAL CODE OF THE CITY OF SAN\nCLEMENTE, RELATING TO THE BEACHES, PARKS AND RECREATION\nCOMMISSION AND HUMAN AFFAIRS COMMITTEE, RESPECTIVELY, AND\nADDING CHAPTER 2.45 ESTABLISHING AN ARTS AND CULTURE\nCOMMITTEE.

F. RESPONSE TO 2022-2023 ORANGE COUNTY GRAND JURY REPORT\n“WELCOME TO THE NEIGHBORHOOD: ARE CITIES RESPONSIBLY\nMANAGING THE INTEGRATION OF GROUP HOMES?”\nStaff Recommendation\nAdopt Resolution No. 23-77, which will approve, and authorize the Mayor to\nsubmit the response letter to the Presiding Judge of the Superior Court\nregarding the 2022-2023 Orange County Grand Jury report, “Welcome to the\nNeighborhood: Are cities responsibly managing the integration of group homes?”\nas recommended in the Administrative Report dated August 15, 2023, and on\nfile with the City Clerk.

G. CONSIDERATION OF OPPOSITION TO SENATE BILL 423 (WIENER)\nBY-RIGHT HOUSING APPROVALS: MULTIFAMILY HOUSING\nDEVELOPMENTS: SB 35 (CHAPTER 366, STATUTES OF 2017) AND\nASSEMBLY BILL 309 (LEE) SOCIAL HOUSING PROGRAM\nStaff Recommendation\nAuthorize the Mayor to execute, and staff to submit, letters in opposition to\nSenate Bill 423 and Assembly Bill 309.

H. CONSIDERATION TO APPROVE AN INCREASE TO THE CONTINGENCY\nFOR THE STORM DRAIN IMPROVEMENTS AT 1601 CALLE LAS BOLAS\nStaff Recommendation\nAdopt Resolution No. 23-78, which will:\n1. Approve an increase to the project contingency in the amount of $79,030 for\nthe Storm Drain Improvements at 1601 Calle Las Bolas, CIP Project No.\n10015.\n2. Approve transfer of $38,311 funding from the Sewer Depreciation Reserve\nFund to Account No. 033-834-45300-000-10015, Las Bolas Storm Drain\nImprovements, for the emergency repairs to the 8-inch sewer main\nperformed during the Project.\n3. Approve an additional $25,000 for the construction management and\ninspection services for the Storm Drain Improvements at Called Las Bolas.

I. CONSIDERATION OF APPROVAL OF FINAL PARCEL MAP 2021-160, 162\nAVENIDA FLORENCIA, LECOMPTE DUPLEX CONDOMINIUM SUBDIVISION\nStaff Recommendation\nAdopt Resolution No. 23-79, which will:\n1. Approve the Final Parcel Map 2021-160 as it conforms to the requirements\nset forth in the Subdivision Map Act and the previously approved Tentative\nParcel Map.\n2. Accept on behalf of the City of San Clemente the water rights as dedicated .\n3. Authorize and direct the Public Works Director/City Engineer to execute the\nFinal Parcel Map.\n4. Authorize and direct the City Clerk to execute and submit the Final Parcel\nMap for recordation with the County of Orange Recorder’s Office.

J. CONTRACT AWARD - MARINE SAFETY HEADQUARTER BUILDING\nCONCRETE REPAIRS\nStaff Recommendation\nAdopt Resolution No. 23-80, which will:\n1. Award the Marine Safety Headquarters Building concrete Repairs Project,\nCIP Project No. 24805, to ACE Capital Engineering, Inc. as the lowest\nresponsible and responsive bidder.\n2. Approve, and authorize the City Manager to execute, Contract No. C23-42,\nby and between the City of San Clemente and ACE Capital Engineering, Inc.,\nproviding for the Marine Safety Headquarters Building Concrete Repairs\nProject, in an amount not to exceed $97,241 plus an 18% project\ncontingency of $17,500, in a form substantially similar to Contract No. C23-\n42 (Attachment 4).

K. CONTRACT AWARD - MONTALVO AND RIVIERA PEDESTRIAN BRIDGES\nCOATING REPLACEMENT\nStaff Recommendation\nAdopt Resolution No. 23-81, which will:\n1. Award the Montalvo and Riviera Pedestrian Bridges Coating Replacement\nProject, CIP Project No. 23802, contract to Applied Restoration, Inc.\n2. Approve, and authorize the City Manager to execute, Contract No. C23-43,\nby and between the City of San Clemente and Applied Restoration, Inc.,\nproviding for the Montalvo and Riviera Pedestrian Bridges Coating\nReplacement, in an amount of not to exceed $386,933 plus a 15%\ncontingency of $57,510, in a form substantially similar to Contract No. C23-\n43 (Attachment 3).

L. CONTRACT AMENDMENT - SENIOR MOBILITY PROGRAM\nStaff Recommendation\nAdopt Resolution No. 23-82, which will approve, and authorize the City Manager\nto execute, Amendment No. 2 to Contract No. C18-37, by and between the City\nof San Clemente and California Yellow Cab, providing for a month-to-month\ncontract extension for the Senior Mobility Program.

M. CONSIDERATION OF RATIFYING A SECOND EMERGENCY CONTRACT\nFOR GEOTECHNICAL DESIGN AND CONSULTING, CONSTRUCTION\nOVERSIGHT, TESTING AND INSPECTION SERVICES AS WELL AS\nSUBCONTRACTED WORK TO INCLUDE SURVEYING AND CIVIL SITE\nDESIGN AT CASA ROMANTICA\nStaff Recommendation\nAdopt Resolution No. 23-83, which will ratify an Emergency Professional\nConsultant Services Agreement, Contract No. C23-44, by and between the City\nof San Clemente and LGC Geotechnical Inc., providing for geotechnical design\nand consulting, construction oversight, testing and inspection as well as the\nsubcontracted work to include surveying and civil site design to be performed at\nCasa Romantica, in an amount not to exceed $783,560 for up to 12 months.

N. CONSIDERATION OF RATIFYING A SECOND EMERGENCY CONTRACT\nFOR THE EMERGENCY SLOPE STABILIZATION REPAIRS AT CASA\nROMANTICA\nStaff Recommendation\nAdopt Resolution No. 23-84, which will ratify an Emergency Construction\nContract, Contract No. C23-45, by and between the City of San Clemente and\nAlliance Diversified Enterprises, Inc. on a time and materials basis, providing for\nemergency slope stabilization repairs at Casa Romantica to include construction\ntiebacks and grade beams as well as reconstructing the slope with geogrid\nreinforcement and compacted soil backfill, in an amount not to exceed\n$7,760,800.

O. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING\nEXPENSES - LEAGUE OF CALIFORNIA CITIES CONFERENCE\nStaff Recommendation\nAuthorize an expenditure of up to $6,200 related to three City Councilmembers'\nattendance at the League of California Cities conference in Sacramento,\nCalifornia in September 2023.

P. CONSIDERATION OF LETTER OF SUPPORT: SB 326 (EGGMAN)\nBEHAVIORAL HEALTH SERVICES ACT AND AB 531 (IRWIN) BEHAVIORAL\nHEALTH INFRASTRUCTURE BOND ACT OF 2023\nStaff Recommendation\nAuthorize the Mayor to execute, and staff to submit, a letter in support of SB 326\nand AB 531.

A. PUBLIC SAFETY COMMITTEE REVIEW OF PARK RANGER PROGRAM\nENHANCEMENTS\n(Agendized by Councilmember Loeffler, with the support of Mayor Pro Tem\nKnoblock and Mayor Duncan at the June 6, 2023 City Council meeting.)\nStaff Recommendation\nDirect the Public Safety to review and make recommendations to enhance the\nPark Ranger Program.

B. INTRODUCTION (FIRST READING) OF AN ORDINANCE MODIFYING THE\nCOASTAL ADVISORY COMMITTEE’S MISSION STATEMENT\n(Agendized by Council at the July 18, 2023 City Council meeting.)\nStaff Recommendation\n1. Introduce Ordinance No. 1758 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nSECTION 2.29.015 OF THE MUNICIPAL CODE OF THE CITY OF SAN\nCLEMENTE REGARDING TO THE COASTAL ADVISORY COMMITTEE'S\nMISSION STATEMENT.\n2. Receive and file the Administrative Report, dated August 15, 2023, and on\nfile with the City Clerk.

C. CONSIDERATION OF SETTING COMPENSATION FOR THE CITIZENS\nAMPHITHEATER COMMITTEE, INVESTMENT ADVISORY COMMITTEE AND\nPUBLIC SAFETY COMMITTEE\n(Agendized by Councilmember Loeffler, with the support of Council at the July\n18, 2023 City Council meeting.)\nStaff Recommendation\nDetermine whether or not to compensate the Citizens Amphitheater Committee\nat the regular $55 per meeting, not to exceed $55 per month. If Council wishes\nto compensate the Citizens Amphitheater Committee along with the Investment\nAdvisory Committee and Public Safety Committee, adopt the Resolution\ndescribed in recommendation number 1. If Council wishes to compensate only\nthe Investment Advisory Committee and Public Safety Committee, adopt the\nResolution described in recommendation number 2.\n1. Adopt Resolution No. 23-88 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA RELATING\nTO COMPENSATION PAID TO MEMBERS OF THE CITIZENS\nAMPHITHEATER COMMITTEE, INVESTMENT ADVISORY COMMITTEE\nAND PUBLIC SAFETY COMMITTEE.\nOR\n2. Adopt Resolution No. 23-89 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA RELATING\nTO COMPENSATION PAID TO MEMBERS OF THE INVESTMENT\nADVISORY COMMITTEE AND PUBLIC SAFETY COMMITTEE.

D. TRAFFIC ANALYSIS FOR AVENIDA PALIZADA CORRIDOR AT AVENIDA DE\nLA ESTRELLA\n(Agendized by Mayor Pro Tem Knoblock, with the support of Councilmember\nCabral and Councilmember Loeffler at the June 20, 2023 City Council meeting.)\nStaff Recommendation\n1. Direct staff to continue the processing of synchronization of the Palizada\ncorridor with the potential for striping modifications.\n2. Receive and file the Administrative Report dated August 15, 2023, and on file\nwith the City Clerk.

E. LETTER REQUESTING THAT THE FAIRVIEW DEVELOPMENTAL CENTER\nBE REPURPOSED TO PROVIDE TEMPORARY AND SEMI-PERMANENT\nHOUSING FOR UNSHELTERED PERSONS THROUGHOUT ORANGE\nCOUNTY TOGETHER WITH APPROPRIATE SUPPORTIVE SERVICES\n(Agendized by Mayor Pro Tem Knoblock, with the support of Councilmember\nCabral and Councilmember Loeffler at the July 18, 2023 City Council meeting.)\nStaff Recommendation\nCity Council to consider the proposed letter and provide direction to staff .

A. CONSIDERATION OF DECLARING THE INTENTION OF THE CITY OF SAN\nCLEMENTE TO TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS;\nCONSIDERATION OF CONTRACT AWARD FOR PROFESSIONAL\nDEMOGRAPHER SERVICES; AND FIRST PUBLIC HEARING ON\nCOMPOSITION OF DISTRICTS\nContinued Public Hearing pursuant to Elections Code Section 10010(a)\n(1) for the purpose of inviting and receiving public input regarding the\ncomposition of districts before and the inform the drawing of a draft map\nor maps of the proposed boundaries of districts. if the Council passes a\nresolution of intention outlining its intention to transition from at-large to\ndistrict based elections under Government Code Section 34886 effective\nfor the November 2024 General Municipal Election.\nStaff Recommendation\nDetermine whether to transition to by-district elections and, if so:\n1. Adopt Resolution No. 23-85 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DECLARING\nITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED\nELECTIONS FOR CITY COUNCIL PURSUANT TO ELECTIONS CODE\nSECTION 10010 AND GOVERNMENT CODE SECTION 34886 EFFECTIVE\nFOR THE NOVEMBER 2024 GENERAL MUNICIPAL ELECTION.\nAnd if Council adopts said Resolution of Intention, staff recommends that the\nCity Council also:\n2. Adopt Resolution No. 23-86, which will approve and authorize the City\nManager to execute, Contract No. C23-46, by and between the City of San\nClemente and National Demographics Corporation, providing for\ndemographer services related to transitioning to by-district elections for City\nCouncil, in an amount not to exceed $65,000.\nIf the Council adopts a Resolution of Intention, staff recommends that the City\nCouncil proceed with conducting the first public hearing required under the\nCVRA:\n3. Open the public hearing, invite the public to provide input regarding the\ncomposition of the districts and close the public hearing.

B. INTRODUCTION (FIRST READING) OF AN ORDINANCE TO MODIFY THE\nDEFINITION OF “COMMERCIAL VEHICLE” AND FINDING THE ORDINANCE\nNOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nContinued Public Hearing for the City Council to consider a\nrecommendation of the Public Safety Committee to adopt a proposed\nordinance to amend various provisions to Title 10, Vehicles and Traffic, of\nthe San Clemente Municipal Code (SCMC) to modify regulations related to\nthe parking of commercial, recreational, and oversize vehicles on public\nproperty, including streets.\nStaff Recommendation\nIntroduce Ordinance No. 1755 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nSECTION 10.04.010(B)(1) OF THE SAN CLEMENTE MUNICIPAL CODE\nRELATING TO THE DEFINITION OF "COMMERCIAL VEHICLE" AND FINDING\nTHE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT.

C. CONSIDERATION OF A RESOLUTION OF INTENTION AND INTRODUCTION\n(FIRST READING) OF AN ORDINANCE TO AUTHORIZE AN AMENDMENT\nTO THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES’\nRETIREMENT SYSTEM (CALPERS)\nStaff Recommendation\n1. Adopt resolution No. 23-87 which will approve an amendment to the contract\nwith CalPERS to replace the existing exclusions for “Ocean Lifeguards and\nPark Ranger” to provide for the exclusion of Ocean Lifeguard I, Ocean\nLifeguard II, Park Ranger I, and Park Ranger I.\n2. Introduce Ordinance No. 1757 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nAUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE\nCITY COUNCIL OF THE CITY OS SAN CLEMENTE AND THE BOARD OF\nADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’\nRETIREMENT SYSTEM.

A. Commissions and Committees

B. Council Subcommittee Updates

C. Council Members

D. City Attorney

E. City Manager

A. Recognition of Out-Going Commission and Committee Members\nPresentation of City tiles to the following out-going members of the City's\nCommissions and Committees:\nGolf Course Committee\nDick Veale\nPublic Safety Committee\nCharlie Hightower\nBeaches, Parks and Recreation Commission\nJorine Campopiano\nTeri Rousseau\nAmelia-Mae Weinstein\nHuman Affairs Committee\nMichelle Brooks\nAaron Washington

B. Presentation of Commendation(s) - Sawyer Lindblad and Crosby Colapinto\n- US Open of Surfing\nPresentation of Commendation(s) to San Clemente Residents Sawyer Lindblad\nand Crosby Colapinto for their victory(s) at the US Open of Surfing in Huntington\nBeach.

C. World Surf League at Trestles\nPresentation by Economic Development Officer Lightfoot concerning the World\nSurf League event at Trestles.