San Clemente — 2023-10-03

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nDiscussion concerning real property transactions in compliance with Government Code\nsection 54956.8 regarding:\n1. Real Property Negotiations: 688-142-35\nProperty: Lease of an approximate 8,934 sq. ft. freestanding office/warehouse\nbuilding located at 1030 Calle Negocio\nCity Negotiators: Andy Hall, City Manager\nNegotiating Parties: Family Assistance Ministries\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 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

B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION\nWhether to initiate litigation pursuant to Government Code section 54956.9(d)(4)\nNumber of Cases: 1\nBUSINESS MEETING (6:00 P.M.)

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n2911 THROUGH 2916 AND WARRANT NOS.\n590925 THROUGH 591086, PAID ON\n9-1-23, IN THE AMOUNT OF $2,785,287.93\n(2) APPROVE WIRE TRANSFER NOS.\n2917 THROUGH 2920 AND WARRANT NOS.\n591087 THROUGH 591242, PAID ON\n9-8-23, IN THE AMOUNT OF $5,114,847.56\n(3) APPROVE WIRE TRANSFER NOS.\n2921 THROUGH 2922 AND WARRANT NOS.\n591243 THROUGH 591358, PAID ON\n9-15-23, IN THE AMOUNT OF $1,910,802.23\n(4) APPROVE WIRE TRANSFER NOS.\n2923 THROUGH 2926 AND WARRANT NOS.\n591359 THROUGH 591549, PAID ON\n9-22-23, IN THE AMOUNT OF $1,871,446.43\nTOTAL WARRANT REGISTER $11,682,384.15\nPayroll Register\nWARRANT NO. 914, AUTOMATIC DEPOSIT\nADVISES 88468 THROUGH 88785, FOR THE\nPERIOD 8-21-23 THROUGH 9-3-23,\nPAID ON 9-8-23, IN THE AMOUNT OF $475,868.06\nWARRANT NO. 915, AUTOMATIC DEPOSIT\nADVISES 88786 THROUGH 89092, FOR\nTHE PERIOD 9-4-23 THROUGH 9-17-23,\nPAID ON 9-22-23, IN THE AMOUNT OF $491,437.23\nTOTAL PAYROLL REGISTER $967,305.29

D. ORDINANCE 1759 (SECOND READING) - ZONING AMENDMENT 22-366, AN\nORDINANCE RELATED TO ZONING PERMIT STREAMLINING\nStaff Recommendation\nAdopt Ordinance No. 1759 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING\nAMENDMENT 22-366 AMENDING CERTAIN SECTIONS AND TABLES OF\nTITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO\nCLARIFY, STREAMLINE, AND CONSOLIDATE PERMIT PROCEDURES,\nWHILE MAINTAINING ADEQUATE REVIEW OF PROPOSALS THAT ARE\nREGULARLY WITHOUT SIGNIFICANT IMPACTS AND PUBLIC CONCERNS.

E. NOTICE OF COMPLETION - STORM DRAIN IMPROVEMENTS AT 1601\nCALLE LAS BOLAS\nStaff Recommendation\nAdopt Resolution No. 23-104, which would:\n1. Accept the Storm Drain Improvements at 1601 Calle Las Bolas, CIP\nProject No. 10015, from the contractor, 3Sixty Innovation, Inc.\n2. Authorize the Public Works Director/City Engineer to execute and record\nthe Notice of Completion for the completed Storm Drain Improvements.\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,\n3Sixty Innovation, Inc.

F. CONTRACT AWARD - COASTAL ADMINISTRATOR SERVICES\nStaff Recommendation\nAdopt Resolution No. 23-105, which will:\n1. Award a professional services agreement to Summit Environmental\nGroup, Inc. for contract Coastal Administrator services.\n2. Approve, and authorize the City Manager to execute, Contract No. C23-\n56, by and between the City of San Clemente and Summit Environmental\nGroup, Inc., providing for contract Coastal Administrator services, for a\nterm of three (3) years in an amount not to exceed $165,000 annually.

G. CONSIDERATION OF APPROVING THE PURCHASE OF WATER METERS\nFOR FISCAL YEAR 2023-24 AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 23-106, which will:\n1. Find the project categorically exempt from California Environmental Quality\nAct (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the\nState CEQA Guidelines.\n2. Approve the purchase of water meters from Ferguson Waterworks based on\nthe fixed price quote in attachment 2 of the Administrative Report dated\nOctober 3, 2023 and on file with the City Clerk.\n3. Approve the purchase of water meters from Metron-Farnier based on the\nfixed price quote in attachment 3 of the Administrative Report dated October\n3, 2023 and on file with the City Clerk.\n4. Approve the expenditure for water meter purchases for Fiscal Year 2023-24\nfor a total amount not to exceed $122,000.

H. CONSIDERATION OF AUTHORIZING ENTRY FOR CONSTRUCTION - SAN\nCLEMENTE SHORELINE COASTAL STORM DAMAGE REDUCTION\nPROJECT\nStaff Recommendation\nAdopt Resolution No. 23-107 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nAUTHORIZING THE CITY MANAGER AND/OR PUBLIC WORKS\nDIRECTOR/CITY ENGINEER TO EXECUTE THE AUTHORIZATION FOR\nENTRY FOR CONSTRUCTION AND OTHER SUCH DOCUMENTS AS ARE\nNECESSARY AND PROPER TO CONSTRUCT THE SAN CLEMENTE\nSHORELINE COASTAL STORM DAMAGE REDUCTION PROJECT.

I. CONTRACT AWARD - CORONADO LANE/ AVENIDA VICTORIA STORM\nDRAIN IMPROVEMENTS AND APPROVING A SUPPLEMENTAL\nAPPROPRIATION\nStaff Recommendation\nAdopt Resolution No. 23-108, which will:\n1. Approve a supplemental appropriation in the amount of $137,000 from the\nStorm Drain Fund Depreciation Reserve into Account No. 059-553-43420-\n000-26001.\n2. Award the Coronado Lane/Avenida Victoria Storm Drain Improvements,\nCIP Project No. 26001, construction contract to GCI Construction, Inc. as\nthe lowest responsible and responsive bidder.\n3. Approve, and authorize the City Manager to execute, Contract No. C23-\n57, by and between the City of San Clemente and GCI Construction, Inc.,\nproviding for Coronado Lane/Avenida Victoria Storm Drain Improvements,\nin an amount of $95,800, in a form substantially similar to Contract No.\nC23-57.\n4. Approve a 19% project contingency of $18,200.

J. APPROVAL OF THE FY 2023-24 BEACHES, PARKS & RECREATION\nCOMMISSION WORK PLAN\nStaff and the Beaches, Parks and Recreation Commission Recommendation\nAdopt Resolution No. 23-109 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE FY\n2023-24 BEACHES, PARKS AND RECREATION COMMISSION WORK PLAN.

K. CONSIDERATION OF APPROVING TEMPORARY BEER SALES AT THE\nFRIENDS OF SAN CLEMENTE BEACHES, PARKS AND RECREATION\nFOUNDATION CARNIVAL COLOSSAL\nStaff Recommendation\nAdopt Resolution No. 23-110 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE\nTEMPORARY SALE OF BEER AT THE CARNIVAL COLOSSAL SPECIAL\nEVENT AT THE VISTA HERMOSA SPORTS PARK HOSTED BY THE\nFRIENDS OF SAN CLEMENTE BEACHES, PARKS AND RECREATION\nFOUNDATION.

L. CONSIDERATION TO SUBMIT A GRANT FUNDING APPLICATION TO THE\nORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE 2023\nORANGE COUNTY COMPLETE STREETS PROGRAM\nStaff Recommendation\nAdopt Resolution No. 23-111 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING THAT THE\nCITY OF SAN CLEMENTE HAS AUTHORIZED THE PROJECT LIST\nSUBMITTAL FOR FUNDING THROUGH THE ORANGE COUNTY\nTRANSPORTATION AUTHORITY 2023 COMPLETE STREETS PROGRAM.

M. CONTRACT AWARD - PARK MONUMENT SIGN REPLACEMENT PROGRAM\nStaff Recommendation\nAdopt Resolution No. 23-112, which will:\n1. Award the Park Monument Sign Replacement Program (August 2023),\nCIP Project No. 29103, construction contract to A&D Signs Corp dba\nAmerica’s Instant Signs as the lowest responsible and responsive bidder.\n2. Approve, and authorize the City Manager to execute, Contract No. C23-\n58, by and between the City of San Clemente and A&D Signs Corp dba\nAmerica’s Instant Signs, providing for the Park Monument Sign\nReplacement Program, in an amount not to exceed $62,790, in a form\nsubstantially similar to C23-58\n3. Approve a 10% project contingency of $6,300.

N. CONSIDERATION OF REJECTING ALL BIDS FOR THE MONTALVO AND\nRIVIERA PEDESTRIAN BRIDGES COATING REPLACEMENT\nStaff Recommendation\nAdopt Resolution No. 23-113, which will:\n1. Reject all bids received on July 27, 2023 for the Montalvo and Riviera\nPedestrian Bridges Coating Replacement Project, CIP Project No. 23802.\n2. Authorize staff to revise the bid package and re-bid the Montalvo and Riviera\nPedestrian Bridges Coating Replacement Project, CIP Project No. 23802.

O. CONSIDERATION OF REJECTING ALL BIDS FOR THE MARINE SAFETY\nHEADQUARTERS BUILDING CONCRETE REPAIRS\nStaff Recommendation\nAdopt Resolution No. 23-114, which will:\n1. Reject all bids received on July 26, 2023 for the Marine Safety Headquarters\nBuilding Concrete Repairs Project, CIP Project No. 24805.\n2. Authorize staff to revise the bid package and re-bid the Marine Safety\nHeadquarters Building Concrete Repairs Project, CIP Project No. 24805.

A. INTRODUCTION (FIRST READING) OF CODE AMENDMENT TO CHANGE\nTHE ARTS AND CULTURE COMMITTEE FROM FIVE TO SEVEN MEMBERS\nAND UPDATING THE DUTIES OF THE BEACHES, PARKS AND\nRECREATION COMMISSION\nStaff Recommendation\nIntroduce Ordinance No. 1761 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nCHAPTER 2.28 OF THE MUNICIPAL CODE OF THE CITY OF SAN\nCLEMENTE, RELATING TO THE BEACHES, PARKS AND RECREATION\nCOMMISSION AND CHAPTER 2.45 RELATING TO THE ARTS AND\nCULTURE COMMITTEE.

B. CITY COUNCIL CORRESPONDENCE WITH ORANGE COUNTY\nSUPERVISOR FOLEY\n(Agendized by Councilmember Cabral, with the support of Mayor Pro Tem\nKnoblock and Councilmember Loeffler, at the Septeber 14, 2023 City Coucil\nmeeting.)\nStaff Recommendation\nProvide direction in relation to correspondence with Supervisor Foley.

C. DISCUSSION OF A PROHIBITION ON COVID-19 MASK AND VACCINE\nMANDATES IN SAN CLEMENTE\n(Agendized by Mayor Pro Tem Knoblock, with the support of Councilmember\nCabral at the September 14, 2023 City Council meeting.)

A. PUBLIC HEARING #3 TO RECEIVE INPUT ON DRAFT MAPS AND\nPOTENTIAL ELECTION SEQUENCING FOR BY-DISTRICT ELECTIONS\nStaff Recommendation\nPublic Hearing to solicit public input on the composition of draft maps and\npotential sequence of elections in preparation for the transition from\nat-large to district based elections for City Council pursuant to Elections\nCode section 10010 and Government Code section 34886, effective for\nthe November 2024 General Municipal Election.\n1. Open and conduct a third public hearing.\n2. Receive a report from NDC, the demographic consultant, concerning the\ndraft maps proposed, as well as the process for obtaining public input on\nthe draft maps of potential voting districts and potential election\nsequencing for by-district elections pursuant to Elections Code § 10010.\n3. Invite members of the public to provide feedback on the draft maps and\npotential election sequencing presented.\n4. Provide direction to NDC about any modifications to one or more\nproposed district maps and the potential election sequencing to implement\nthe by-district election system and close the public hearing.

B. INTRODUCTION (FIRST READING) PROPOSED ORDINANCE AMENDING\nSECTION 12.28.030 OF THE MUNICIPAL CODE REGARDING TENTS IN\nCITY PARKS AND BEACHES, AND FINDING THE ORDINANCE EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nContinued Public Hearing to consider a proposed ordinance to amend\nSection 12.28.030 (Tents in City Parks) of the San Clemente Municipal\nCode to include beaches under its jurisdiction, ensuring that regulations\ngoverning the use of such structures in parks are uniformly applicable to\nbeaches.\n1. Conduct the continued public hearing.\n2. Find the Ordinance exempt from CEQA.\n3. Introduce Ordinance No. 1760 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE AMENDING SECTION\n12.28.030 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO\nTENTS IN CITY PARKS AND BEACHES AND FINDING THE\nORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT.

C. CONSIDERATION OF APPROVING THE 2022-2023 CONSOLIDATED\nANNUAL PERFORMANCE EVALUATION REPORT (CAPER) FOR\nEXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS\nStaff Recommendation\nPublic Hearing regarding the 2022-23 Consolidated Annual Performance\nand Evaluation Report (CAPER) for the Community Development Block\nGrant (CDBG).\nAdopt Resolution No. 23- 115 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AND\nADOPTING THE 2022-2023 CONSOLIDATED ANNUAL PERFORMANCE\nEVALUATION REPORT (CAPER) FOR SUBMITTAL TO THE U.S.\nDEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.

A. Commissions and Committees

B. Council Subcommittee Updates

C. Council Members

D. City Attorney

E. City Manager

A. Presentation of Proclamation(s) – California Native American Day and\nIndigenous People’s Day\nPresentation of Proclamations to Sean Acuna, Tribal Chair, Juaneño Band of\nMission Indians, Acjachemen Nation 84B, proclaiming September 22, 2023 as\nCalifornia Native American Day and October 9, 2023 as Indigenous People’s\nDay.

B. Orange County Fire Prevention Week\nPresentation of Proclamation to Cheyne Maule, Division Chief, Orange County\nFire Authority, declaring October 8-14, 2023 as Fire Prevention Week.

C. Presentation of Commendation Honoring San Clemente Fire Department\nChief Ron Coleman\nPresentation of Commendation to Orange County Fire Authority Division Chief\nCheyne Maule, in remembrance of San Clemente Fire Department’s beloved\nFire Chief, Ron “Ronny” Coleman.