San Clemente — 2023-10-17

A. 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.)

B. Commission/Committee Minutes\nStaff Recommendation:\nReceive and file the following:\n(1) PLANNING COMMISSION REGULAR MEETING MINUTES OF\nAUGUST 16, 2023.\n(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF\nAUGUST 17, 2023.\n(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF\nAUGUST 22, 2023.\n(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF\nSEPTEMBER 21, 2023.\n(5) BEACHES, PARKS AND RECREATION COMMISSION REGULAR\nMEETING MINUTES OF JUNE 13, 2023.

C. Warrant Register\n(1) APPROVE HANDWRITE NO. 591550,\nWIRE TRANSFER NOS. 2927 THROUGH\n2928 AND WARRANT NOS. 591551\nTHROUGH 591747, PAID ON 9-29-23,\nIN THE AMOUNT OF $2,599,967.39\nTOTAL WARRANT REGISTER $2,599,967.39\nPayroll Register\nNone.

D. ORDINANCE 1760 (SECOND READING) - AMENDING SECTION 12.28.030\nOF THE MUNICIPAL CODE REGARDING TENTS IN CITY PARKS AND\nBEACHES, AND FINDING THE ORDINANCE EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Ordinance No. 1760 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION\n12.28.030 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO\nTENTS IN CITY PARKS AND BEACHES, AND FINDING THE ORDINANCE\nEXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

E. ORDINANCE NO. 1761 (SECOND READING) - CODE AMENDMENT TO\nCHANGE THE ARTS AND CULTURE COMMITTEE FROM FIVE TO SEVEN\nMEMBERS AND UPDATING THE DUTIES OF THE BEACHES, PARKS AND\nRECREATION COMMISSION\nStaff Recommendation\nAdopt Ordinance No. 1761 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER\n2.28 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE,\nRELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION\nAND CHAPTER 2.45 RELATING TO THE ARTS AND CULTURE COMMITTEE.

F. CONSIDERATION OF APPROVING THE HUMAN AFFAIRS COMMITTEE\nFISCAL YEAR 2023-2024 WORK PLAN, APPROVING A SUPPLEMENTAL\nAPPROPRIATION OF $7,000, AND DETERMINING THAT THE WORK PLAN\nACTIVITIES ARE CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nHuman Affairs Committee Recommendation\nAdopt Resolution No. 23-116, which will:\n1. Determine that the FY 2023-24 Work Plan Items are exempt from the\nCalifornia Environmental Quality Act.\n2. Approve the FY 2023-24 Work Plan as presented by the Human Affairs\nCommittee, and include in the plan solutions to address homelessness.\n3. Approve a supplemental appropriation of $7,000 to Account No. 001-435-\n44420.

G. NOTICE OF COMPLETION - T-STREET PEDESTRIAN OVERPASS\nCONCRETE REHABILITATION\nStaff Recommendation\nAdopt Resolution No. 23-117, which will:\n1. Accept the T-Street Pedestrian Overpass Concrete Rehabilitation, CIP\nProject No. 23804, from the contractor, Harbor Coating & Restoration, Inc. as\ncomplete.\n2. Authorize the Public Works Director/City Engineer to execute and record the\nNotice of Completion for the completed concrete rehabilitation.\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,\nHarbor Coating & Restoration, Inc.

H. CONSIDERATION OF RATIFYING AN EMERGENCY CONSTRUCTION\nCONTRACT FOR THE RESERVOIR 13 ISOLATION VALVE REPLACEMENT\nStaff Recommendation\nAdopt Resolution No. 23-118, which will:\n1. Make a finding that an emergency existed to protect public health and safety\ndue to the loss of redundancy in the water distribution system which required\nimmediate action to replace isolation valves and restore normal operation of\nthe Reservoir 13 water storage reservoir to maintain system integrity and an\nabundant supply of readily available potable water and to prevent or mitigate\nimpairment to property and public services that might otherwise occur if the\nCity were required to incur delays attributed to the competitive bidding\nprocess.\n2. Declare that the public interest and necessity demanded the immediate\nexpenditure of public funds to safeguard public health.\n3. Ratify and authorize the City Manager's execution of, Contract No. C23-59,\nby and between the City of San Clemente and O’Connell Engineering &\nConstruction, Inc., providing for the needed emergency repairs for the\nReservoir 13 Isolation Valve Replacement that have already commenced, in\nan amount not to exceed $96,800.\n4. Approve a 15% project contingency of $14,520.

I. CONTRACT AWARD - STREET PAVEMENT MAINTENANCE FOR AVENIDA\nVAQUERO (VIA CASCADITA TO CAMINO DE LOS MARES); AND FINDING\nTHE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 23-119, which will:\n1. Find the Street Pavement Maintenance for Avenida Vaquero, Project No.\n13321 categorically exempt from the California Environmental Quality Act\n(CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the\nState CEQA Guidelines.\n2. Award the Street Pavement Maintenance for Avenida Vaquero, to Roy Allan\nSlurry Seal, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C23-60,\nby and between the City of San Clemente and Roy Allan Slurry Seal, Inc.,\nproviding for the Street Pavement Maintenance for Avenida Vaquero, in an\namount not to exceed $480,993, in a form substantially similar to Contract\nNo. C23-60.\n4. Approve a 10% project contingency of $48,100.

J. CONTRACT AWARD - FURNISH AND DELIVER 19% AQUA AMMONIA TO\nCITY RESERVOIRS 5A, 10, AND 14, AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 23-120, 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 Contract with KAAM Group, Inc. to furnish and deliver\n19% Aqua Ammonia to City reservoirs 5A, 10, and 14 for a two-year period.\n3. Approve and authorize the City Manager, to execute Contract No. C23-61, by\nand between the City of San Clemente and KAAM Group, Inc., to furnish and\ndeliver 19% Aqua Ammonia for a two-year period, in an amount not to\nexceed $50,000, and to authorize the City Manager to approve up to three,\none-year extensions to the Contract for amounts not to exceed the approved\nbudget amounts for this chemical in each appropriate fiscal year.

K. CONTRACT AWARD - DELIVERY AND SUPPLY OF FERRIC CHLORIDE TO\nTHE WATER RECLAMATION PLANT FOR WASTEWATER TREATMENT,\nAND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 23-121, 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 and authorize the City Manager to execute, Contract No. C23-62, a\nregional contract, by and between the City of San Clemente SOCWA, Miles\nChemical, and SOCWA entities, for the delivery and supply of Ferric Chloride\nto the City’s Water Reclamation Plant for a one-year term.\n3. Approve and authorize the Public Works Director/City Engineer to approve\nup to four annual renewals to the contract for amounts not to exceed the\napproved budget amounts for this chemical in each appropriate fiscal year.

L. CONSIDERATION OF TERM SHEET WITH SALTY TURF LLC FOR\nMINIATURE GOLF DEVELOPMENT AT VISTA HERMOSA SPORTS PARK\nStaff Recommendation\nAdopt Resolution No 23-122 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AND\nAUTHORIZING THE EXECUTION OF A TERM SHEET WITH SALTY TURF,\nLLC FOR THE DEVELOPMENT OF A MINIATURE GOLF COURSE AT THE\nVISTA HERMOSA SPORTS PARK.

A. 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 September 14, 2023 City Council\nmeeting.)\nStaff Recommendation\n1. Provide direction in relation to correspondence with Supervisor Foley\nregarding housing projects.\n2. Provide direction in relation to correspondence with Supervisor Foley\nregarding potential placement of sand on San Clemente beaches.

B. REGULATING UTILITIES WITHIN OPEN SPACE ZONING DISTRICTS\nStaff Recommendation\nReceive and file the Administrative Report dated October 17, 2023, and on file\nwith the City Clerk.

C. WIRELESS COMMUNICATIONS FACILITY LOCATED AT 616 DEL DIOS\n(Agendized by Councilmember Cabral, with the support of Councilmember\nEnmeier, Mayor Duncan and Mayor Pro Tem Knoblock.)\nStaff Recommendation\nReceive and file the Administrative Report dated October 17, 2023, and on file\nwith the City Clerk.

A. PUBLIC HEARING #4 TO RECEIVE INPUT ON DRAFT MAPS AND\nPOTENTIAL ELECTION SEQUENCING FOR BY-DISTRICT ELECTIONS\nPublic Hearing related to the transition from at-large to district-based\nelections for City Council pursuant to Elections Code section 10010 and\nGovernment Code section 34886 to solicit input on composition of draft\nmaps and potential sequence of elections effective for the November\n2024 General Municipal Election.\nStaff Recommendation\n1. Open and conduct a fourth public hearing.\n2. Receive a report from National Demographics Corporation (“NDC”), the\ndemographic consultant, concerning the draft maps proposed, as well as the\nprocess for obtaining public input on the draft maps of potential voting\ndistricts and potential election sequencing for by-district elections pursuant to\nElections Code § 10010.\n3. Invite members of the public to provide feedback on the draft maps and\npotential election sequencing presented.\n4. Provide direction regarding selection of a final district map.\n5. Provide direction regarding sequencing of the elections.

B. PUBLIC HEARING #5 TO INTRODUCE FOR FIRST READING AN\nORDINANCE ADDING SECTIONS 2.04.010 THROUGH 2.04.012 TO THE SAN\nCLEMENTE MUNICIPAL CODE TO TRANSITION TO BY-DISTRICT\nELECTIONS AND SETTING MAYORAL TERM LIMITS\nPublic Hearing to introduce an Ordinance establishing district-based\nelections for City Council effective for the November 2024 General\nMunicipal Election.\nStaff Recommendation\n1. Open a public hearing and invite members of the public to provide feedback\non the proposed Ordinance.\n2. Introduce Ordinance No. 1762 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING\nSECTIONS 2.04.010 THROUGH 2.04.012 TO THE SAN CLEMENTE\nMUNICIPAL CODE, ESTABLISHING A BY- DISTRICT ELECTION\nPROCESS IN FOUR COUNCIL DISTRICTS WITH AN ELECTIVE OFFICE\nOF MAYOR PURSUANT TO CALIFORNIA ELECTIONS CODE§ 10010 &\nCALIFORNIA GOVERNMENT CODE §§ 34871(C) & 34886 AND SETTING\nMAYORAL TERM LIMITS.

A. Commissions and Committees\n(1) INTERVIEWS AND APPOINTMENT OF BEACHES, PARKS AND\nRECREATION COMMISSION, COASTAL ADVISORY COMMITTEE\nAND ARTS AND CULTURE COMMITTEE MEMBERS\nStaff Recommendation\nSelect two dates to interview applicants and make appointments for\nvacancies on the Beaches, Parks and Recreation Commission, Coastal\nAdvisory Committee and Arts and Culture Committee.

B. Council Subcommittee Updates

C. Council Members

D. City Attorney

E. City Manager

A. October is Breast Cancer Awareness Month\nIn honor of Breast Cancer Awareness month, we encourage our residents to\nprioritize their health by scheduling an appointment for early detection.

B. Community Outreach Quarterly Update\nPresentation by Danielle Sorahan, Code Compliance Manager, concerning a\nquarterly update on outreach and security efforts in San Clemente to address\nhomelessness.