San Clemente — 2023-09-05

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\nAgency, et al. Riverside Superior Court Consolidated Case No.: RIC 1800232 CA\nCourt of Appeal Case No.: E078045 (Fourth Appellate District, Division 2)

B. 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): Demand by\nformer City Councilmember Gene James that the City reimburse him for his attorney\nfees incurred in defending James Bieber v. Gene James, OCSC Case No.\n30-2020-01145593-CU-DF-CJC .

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nDiscussion concerning real property transactions in compliance with Government Code\nsection 54956.8 regarding:\nReal 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, 3.3-acre\nundeveloped lot at the southeast corner of Avenida Vista Hermosa and Camino Vera\nCruz, and 2.3-acre undeveloped area at the southwest Avenida Vista Hermosa and La\nPata\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\nBUSINESS MEETING (6:00 P.M.)

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n2895 THROUGH 2896 AND WARRANT NOS.\n590276 THROUGH 590405, PAID ON\n8-4-23, IN THE AMOUNT OF $2,036,664.03\n(2) APPROVE WIRE TRANSFER NOS.\n2897 THROUGH 2902 AND WARRANT NOS.\n590406 THROUGH 590595, PAID ON\n8-11-23, IN THE AMOUNT OF $2,892,064.03\n(3) APPROVE HANDWRITE NO. 590725;\nWIRE TRANSFER NOS.2903\nTHROUGH 2905 AND WARRANT NOS.\n590596 THROUGH 590724, PAID ON\n8-18-23, IN THE AMOUNT OF $1,471,452.55\nTOTAL WARRANT REGISTER $6,400,180.61\nPayroll Register\nWARRANT NOS. 908 THROUGH 910\nAUTOMATIC DEPOSIT ADVISES 87757\nTHROUGH 88119, FOR THE PERIOD\n7-24-23 THROUGH 8-6-23, PAID\nON 8-11-23, IN THE AMOUNT OF $541,045.58\nTOTAL PAYROLL REGISTER $541,045.58

D. ORDINANCE NO. 1755 (SECOND READING) - TO MODIFY THE DEFINITION\nOF “COMMERCIAL VEHICLE” AND FINDING THE ORDINANCE NOT\nSUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Ordinance No. 1755 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION\n10.04.010(B)(1) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO\nTHE DEFINITION OF "COMMERCIAL VEHICLE" AND FINDING THE\nORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT.

E. ORDINANCE 1758 (SECOND READING) - MODIFYING THE COASTAL\nADVISORY COMMITTEE’S MISSION STATEMENT\nStaff Recommendation\nAdopt Ordinance No. 1758 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION\n2.29.015 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE\nREGARDING THE COASTAL ADVISORY COMMITTEE'S MISSION\nSTATEMENT.

F. CONSIDERATION OF A RESOLUTION AWARDING A CONTRACT FOR\nPRINTING SERVICES FOR THE QUARTERLY CITY RECREATION\nMAGAZINE TO WESTAMERICA COMMUNICATIONS, INC. AND\nAUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR\nCONTRACT NOT TO EXCEED $120,304 PER YEAR\nStaff Recommendation\nAdopt Resolution No. 23-90, which will:\n1. Award a professional services contract to WestAmerica Communications,\nInc. for printing services for the quarterly recreation magazine.\n2. Approve, and authorize the City Manager to execute, Contract No. C23-48,\nby and between the City of San Clemente and WestAmerica\nCommunications, Inc., providing for printing services for the quarterly\nrecreation magazine for a term of two (2) years, in an amount not to exceed\n$114,576, plus a 5% contingency of $5,728, per year, for a total not to\nexceed contract amount of $120,304 annually.

G. CONSIDERATION OF PARTICIPATION IN SANDAG REGIONAL BEACH\nSAND PROJECT III\nStaff Recommendation\nAuthorize the Mayor to execute, and staff to submit, a letter to the San Diego\nAssociation of Governments (SANDAG) requesting that the City of San\nClemente, as a member City in the Oceanside Littoral Cell, have the opportunity\nto participate in the Phase I planning tasks of the Regional Beach Sand Project\n(RBSP) III, which supports continued San Clemente Coastal Resiliency Plan\nimplementation goals of establishing a citywide comprehensive beach\nrestoration program.

H. CONSIDERATION OF AUTHORIZING A GRANT APPLICATION TO THE\nCALIFORNIA COASTAL COMMISSION FOR IDENTIFICATION OF\nOFFSHORE SAND SOURCES\nStaff Recommendation\nAdopt Resolution No. 23-91, which will:\n1. Authorize the submittal of an application to the California Coastal\nCommission for a Local Coastal Program Grant to fund an offshore borrow\nsite investigation to find additional sand sources that can be used to develop\nadditional beach nourishment projects in San Clemente and pursue\nadditional grant funding opportunities to support coastal resiliency plan\nimplementation.\n2. Find the project that the grant funding would be used for is categorically\nexempt under Class 6 (Information Collection, 14 CCR 15306), Section\n15306 of the state CEQA Guidelines.\n3. Authorize the City Manager to execute the grant agreement, if awarded.

I. CONSIDERATION OF A RESOLUTION RATIFYING AN EMERGENCY\nCONSTRUCTION AGREEMENT WITH GCI CONSTRUCTION, INC. FOR THE\nSAN CLEMENTE VILLAS BY THE SEA STORM DRAIN REPAIRS; PROJECT\nNO. 26001\nStaff Recommendation\nAdopt Resolution No. 23-92, which will:\n1. Make a finding that an emergency existed due to the potential failure of\nthe slope where the damaged storm drain is located and that the situation\nrequired immediate action to prevent or mitigate impairment to property\nand public services that might otherwise occur if the City were required to\nincur delays attributed to the typical engineering analysis and competitive\nbidding process.\n2. Declare that the public interest and necessity demanded the immediate\nexpenditure of public funds to safeguard public health.\n3. Ratify Contract No. C23-49, by and between the City of San Clemente\nand GCI Construction, Inc., providing for the emergency repairs for the\nSan Clemente Villas by the Sea Storm Drain Repairs, Project No. 26001,\nthat have already been performed, in an amount not to exceed $95,500.

A. REVIEW OF THE ADMINISTRATIVE HEARINGS AND APPEALS FEE\n(Agendized by Mayor Pro Tem Knoblock, with the support of Councilmember\nLoeffler at the August 15, 2023 City Council meeting.)

A. PUBLIC HEARING #2 REQUESTING PUBLIC INPUT REGARDING THE\nCOMPOSITION OF POTENTIAL COUNCIL ELECTION DISTRICTS\nPublic Hearing to solicit public input on the composition of the districts in\npreparation for the transition from at-large to district-based elections for\nCity Council pursuant to Elections Code Section 10010 and Government\nCode Section 34886, effective for the November 2024 General Municipal\nElection.\nStaff Recommendation\n1. Conduct the public hearing and receive public input regarding the\ncomposition of the potential Council election districts.\n2. Provide direction to NDC on the Council’s preference for 5 Council districts\nwith a rotating Mayor, or for 4 Council districts with a citywide-elected Mayor.\nIf 4 districts with a Citywide-elected Mayor is preferred, provide guidance on\nwhether the Mayoral term should be 2 years or 4 years.

B. INTRODUCTION (FIRST READING) OF ZONING AMENDMENT 22-366, AN\nORDINANCE RELATED TO ZONING PERMIT STREAMLINING\nPublic Hearing to consider a City-initiated amendment to Title 17 (Zoning)\nof the San Clemente Municipal Code to update the staff-level approval\nprocess for minor architectural changes; consolidate planning\napplications to make it easier for the public to understand which zoning\npermits are required and reduce staff time on report writing, shortening\nthe timeline between application submittal and decisions; reduce the level\nof public hearing decisions for several planning application types; clarify\nplanning permit review procedures to facilitate staff and public\nunderstanding and implementation.\nPlanning Commission Recommendation\n1. Introduce Ordinance No. 1759 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING\nZONING AMENDMENT 22-366 AMENDING CERTAIN SECTIONS AND\nTABLES OF TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL\nCODE; TO CLARIFY, STREAMLINE, AND CONSOLIDATE PERMIT\nPROCEDURES, WHILE MAINTAINING ADEQUATE REVIEW OF\nPROPOSALS THAT ARE REGULARLY WITHOUT SIGNIFICANT IMPACTS\nAND PUBLIC CONCERNS.\n2. Designate the Planning Commission as the appeals body for the Zoning\nAdministrator.\n3. Reduce the appeals fee to $100.\nStaff Recommendation\n1. Introduce Ordinance No. 1759 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING\nZONING AMENDMENT 22-366 AMENDING CERTAIN SECTIONS AND\nTABLES OF TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL\nCODE; TO CLARIFY, STREAMLINE, AND CONSOLIDATE PERMIT\nPROCEDURES, WHILE MAINTAINING ADEQUATE REVIEW OF\nPROPOSALS THAT ARE REGULARLY WITHOUT SIGNIFICANT IMPACTS\nAND PUBLIC CONCERNS.\n2. Adopt Resolution No. 23-93 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nTHE FEE SCHEDULE TO REFLECT ZONING ORDINANCE\nAMENDMENTS THAT CONSOLIDATE AND MODIFY SEVERAL\nPLANNING APPLICATIONS.\n3. Maintain the current permit appeals process and fee.

A. Commissions and Committees

B. Council Subcommittee Updates

C. Council Members

D. City Attorney

E. City Manager

A. Presentation of Proclamation - Hunger Action Month\nPresentation of Proclamation to Malia Cary with Second Harvest Food Bank of\nOrange County, proclaiming September as Hunger Action Month.

B. Presentation of Proclamation - Service Club Month\nPresentation of Proclamation to San Clemente Service Clubs, proclaiming\nSeptember as Service Club Month.

C. Presentation of Proclamation - Constitution Week\nPresentation of Proclamation to Pat Mueller and Mary Dahm, San Clemente\nIsland Daughters of the American Revolution, setting apart September 17-23,\n2023 as Constitution Week.

D. Introduction of Contract Coastal Administrator - US Army Corps of\nEngineers San Replenishment Project Update\nIntroduction of Contract Coastal Administrator, Leslea Meyerhoff, and update on\nthe US Army Corps of Engineers Sand Replenishment Project.