San Clemente — 2023-11-07

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nDiscussion concerning real property transactions in compliance with Government Code\nsection 54956.8 regarding:\n1. Real Property Negotiations: APN 690-012-01\nProperty: 100 Avenida Presidio, San Clemente, CA 92672\nCity Negotiators: Andy Hall, City Manager, Cecilia Gallardo-Daly, Assistant City\nManager, Jonathan Lightfoot, City Planner\nNegotiating Parties: Pacific Company, Raintree Partners, Affirmed Housing\nUnder Negotiation: Price and terms\n2. Real Property Negotiations: APN 058-111-55\nProperty: 100 Calle Seville, San Clemente, CA 92672\nCity Negotiators: Andy Hall, City Manager\nNegotiating Parties: N/A\nUnder Negotiations: 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\nCase Name: City of San Clemente v. Emergency Shelter Coalition, et al.\nOrange County Superior Court Case No. 30-2020-01153535-CU-EI-CXC\nBUSINESS MEETING (6:00 P.M.)

A. City Council Minutes\nStaff Recommendation:\n(1) APPROVAL OF THE CITY COUNCIL REGULAR MEETING MINUTES\nOF OCTOBER 17, 2023.\n(2) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF\nOCTOBER 30, 2023.

B. Commission/Committee Minutes\nStaff Recommendation:\nReceive and file the following:\n(1) BEACHES, PARKS AND RECREATION COMMISSION REGULAR\nMEETING MINUTES OF AUGUST 8, 2023.\n(2) CITIZENS AMPHITHEATER COMMITTEE REGULAR MEETING\nMINUTES OF AUGUST 17, 2023.\n(3) CITIZENS AMPHITHEATER COMMITTEE REGULAR MEETING\nMINUTES OF AUGUST 25, 2023.\n(4) BEACHES, PARKS AND RECREATION COMMISSION SPECIAL\nMEETING MINUTES OF AUGUST 29, 2023.\n(5) CITIZENS AMPHITHEATER COMMITTEE REGULAR MEETING\nMINUTES OF AUGUST 31, 2023.\n(6) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF\nSEPTEMBER 12, 2023.\n(7) PLANNING COMMISSION REGULAR MEETING MINUTES OF\nSEPTEMBER 20, 2023.\n(8) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF\nSEPTEMBER 26, 2023.\n(9) PLANNING COMMISSION REGULAR MEETING MINUTES OF\nOCTOBER 18, 2023.\n(10) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF\nOCTOBER 19, 2023.

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n2929 THROUGH 2934 AND WARRANT NOS.\n591748 THROUGH 591840, PAID ON\n10-6-23, IN THE AMOUNT OF $3,888,092.01\n(2) APPROVE WIRE TRANSFER NOS.\n2935 THROUGH 2937 AND WARRANT NOS.\n591841 THROUGH 592006, PAID ON\n10-13-23, IN THE AMOUNT OF $1,355,809.83\n(3) APPROVE WIRE TRANSFER NOS.\n2938 THROUGH 2941 AND WARRANT NOS.\n592007 THROUGH 592122, PAID ON\n10-20-23, IN THE AMOUNT OF $1,094,379.78\n(4) APPROVE WIRE TRANSFER NOS.\n2942 THROUGH 2943 AND WARRANT NOS.\n592123 THROUGH 592337, PAID ON\n10-27-23, IN THE AMOUNT OF $3,246,991.48\nTOTAL WARRANT REGISTER $9,585,273.10\nPayroll Register\nWARRANT NO. 916, AUTOMATIC\nDEPOSIT ADVISES 89093 THROUGH\n89397, FOR THE PERIOD 9-18-23\nTHROUGH 10-1-23, PAID ON\n10-6-23, IN THE AMOUNT OF $470,916.81\nAUTOMATIC DEPOSIT ADVISES 89398\nTHROUGH 89693, FOR THE PERIOD\n10-2-23 THROUGH 10-15-23, PAID\nON 10-20-23, IN THE AMOUNT OF $483,394.13\nTOTAL PAYROLL REGISTER $954,310.94

D. APPROVAL OF THE FY 2023-24 GOLF COMMITTEE WORK PLAN\nStaff and the Golf Course Committee Recommendation\nAdopt Resolution No. 23-123 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE FY\n2023-24 GOLF COURSE COMMITTEE WORK PLAN.

E. COMMUNITY FACILITIES DISTRICT NO. 2006-01 (MARBLEHEAD COASTAL)\nLOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT\nREPORT (SB 165) FOR FISCAL YEAR ENDED JUNE 30, 2023\nStaff Recommendation\nAdopt Resolution No. 23-124 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AND\nRECEIVING THE CITY OF SAN CLEMENTE COMMUNITY FACILITIES\nDISTRICT NO. 2006-1 LOCAL AGENCY SPECIAL TAX AND BOND\nACCOUNTABILITY ACT COMPLIANCE REPORT FOR THE FISCAL YEAR\nENDED JUNE 30, 2023.

F. NOTICE OF COMPLETION - CYPRUS SHORE STORM DRAIN EMERGENCY\nRELOCATION\nStaff Recommendation\nAdopt Resolution No. 23-125, which will:\n1. Accept the Cyprus Shore Storm Drain Emergency Relocation, Project No.\n12004, from the contractor, O’Connell Engineering and Construction, Inc.\n2. Authorize the Public Works Director/City Engineer to execute and record\nthe Notice of Completion for the completed Cyprus Shore Storm Drain\nEmergency Relocation.\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\nContractor, O’Connell Engineering and Construction, Inc.

G. CONTRACT AWARD - WATER RECLAMATION PLANT (WRP) SPLITTER\nBOX REHABILITATION, AND FINDING THE PROJECT CATEGORICALLY\nEXEMPT UNDER SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT GUIDELINES\nStaff Recommendation\nAdopt Resolution No. 23-126, which will:\n1. Find the WRP Splitter Box Rehabilitation, CIP Project No. 14206, is\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 WRP Splitter Box Rehabilitation, CIP Project No. 14206,\nconstruction contract to Jennette Company, Inc. as the lowest responsible\nand responsive bidder.\n3. Approve, and authorize the City Manager to execute, Contract No. C23-64,\nby and between the City of San Clemente and Jennette Company, Inc.,\nproviding for the Water Reclamation Plant Splitter Box Rehabilitation, in an\namount not to exceed $379,500, in a form substantially similar to Contract\nNo. C23-64 (Attachment 4).\n4. Approve a 19% project contingency of $72,100.

H. CONTRACT AWARD - AQUATIC CENTER MAIN POOL REPLASTER\nStaff Recommendation\nAdopt Resolution No. 23-127, which will:\n1. Award the Aquatic Center Main Pool Replaster, CIP Project No. 12808,\nconstruction contract to Condor, Inc. as the lowest responsible and\nresponsive bidder.\n2. Approve, and authorize the City Manager to execute, Contract No. C23-\n65, by and between the City of San Clemente and Condor, Inc., providing\nfor the Aquatic Center Main Pool Replaster, in an amount not to exceed\n$616,000, in a form substantially similar to Contract No. C23-65\n(Attachment 3).\n3. Approve a 19% construction contingency of $117,000.

A. ESTABLISHMENT OF COUNCIL MEETING SCHEDULE FOR 2024 AND\nEARLY 2025\nStaff Recommendation\n1. Cancel the April 2, 2024 City Council meeting to align with Capistrano\nUnified School District’s spring recess.\n2. Cancel the July 2, 2024 and August 6, 2024 City Council meetings.\n3. Determine whether to cancel or reschedule the November 5, 2024 City\nCouncil meeting.\n4. Cancel the January 7, 2025 City Council meeting.

B. CODE AMENDMENTS - CHANGE LOCATION OF CITY COUNCIL MEETINGS,\nCHANGE OF CIVIC CENTER ADDRESS AND CHANGE THE POSTING\nLOCATION OF OFFICIAL CITY DOCUMENTS\nStaff Recommendation\n1. Introduce Ordinance No. 1765 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nCHAPTER 1.04.070 OF THE MUNICIPAL CODE OF THE CITY OF SAN\nCLEMENTE, RELATING TO THE CIVIC CENTER LOCATED AT 910\nCALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA 92673.\n2. Introduce Ordinance No. 1766 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nCHAPTER 1.04.080 OF THE MUNICIPAL CODE OF THE CITY OF SAN\nCLEMENTE, RELATING TO DESIGNATING PUBLIC PLACES FOR\nPOSTING OFFICIAL CITY DOCUMENTS AND REPEALING ORDINANCE\nNO. 93.\n3. Introduce Ordinance No. 1767 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nCHAPTER 2.04.020 OF THE MUNICIPAL CODE OF THE CITY OF SAN\nCLEMENTE, RELATING TO LOCATION OF CITY COUNCIL MEETINGS\nAND REPEALING ORDINANCE NO. 411.

C. INITIATION OF ZONING AMENDMENT TO SECTION 17.28.206 -\nTEMPORARY PARKLET DINING - TO EXTEND THE TEMPORARY PARKLET\nDINING PROGRAM UNTIL JULY 1, 2026 IN ACCORDANCE WITH\nCALIFORNIA ASSEMBLY BILL 1217\nStaff Recommendation\nAdopt Resolution 23-131 entitled A RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF SAN CLEMENTE, CALIFORNIA, INITIATING A ZONING\nAMENDMENT TO SECTION 17.28.206 - TEMPORARY PARKLET DINING - TO\nEXTEND THE TEMPORARY PARKLET DINING PROGRAM UNTIL JULY 1,\n2026 IN ACCORDANCE WITH CALIFORNIA ASSEMBLY BILL 1217 AND\nREFER CONSIDERATION OF THIS ITEM TO THE PLANNING COMMISSION.

D. CODE AMENDMENT TO INCREASE THE COASTAL ADVISORY COMMITTEE\nFROM FIVE TO SEVEN MEMBERS\n(Agendized by Mayor Duncan, with the support of Councilmember Enmeier and\nMayor Pro Tem Knoblock at the October 30, 2023 Special City Council meeting.)\nStaff Recommendation\n1. Introduce Ordinance No. 1768 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nCHAPTER 2.29.010 OF THE MUNICIPAL CODE OF THE CITY OF SAN\nCLEMENTE TO CHANGE THE COASTAL ADVISORY COMMITTEE FROM\nA FIVE MEMBER COMMITTEE TO A SEVEN MEMBER COMMITTEE.\n2. Direct Staff to return to the December 5, 2023 City Council meeting with a\nreport that allows Council to select two candidates from an eligibility list\nconsisting of the remaining candidates from the October 30, 2023 interviews,\nif the Ordinance is adopted at that meeting.

A. PUBLIC HEARING #6 TO ADOPT ORDINANCE NO. 1762 ADDING\nSECTIONS 2.04.010 THROUGH 2.04.012 TO THE SAN CLEMENTE\nMUNICIPAL CODE TO TRANSITION TO BY-DISTRICT ELECTIONS AND\nSETTING MAYORAL TERM LIMITS\nPublic Hearing No. 6 pursuant to Elections Code Section 10010 and\nGovernment Code Section 34886 to adopt an Ordinance establishing\ndistrict-based elections for City Council effective for the November 2024\nGeneral Municipal Election.\nStaff Recommendation\n1. Open and conduct the sixth public hearing.\n2. Invite members of the public to provide feedback on Ordinance No. 1762.\n3. Provide direction regarding selection of a final district map.\n4. Adopt 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\nAND CALIFORNIA GOVERNMENT CODE §§ 34871(C) AND 34886 AND\nSETTING MAYORAL TERM LIMITS.

B. CONTINUATION OF PUBLIC HEARING - COMMERCIAL AND\nRECREATIONAL VEHICLE PARKING ORDINANCE\nA Public Hearing for the City Council to consider a recommendation of\nthe Public Safety Committee to adopt a proposed ordinance to amend\nvarious provisions of Title 10, Vehicles and Traffic, of the San Clemente\nMunicipal Code (“SCMC”) to modify regulations related to the parking of\ncommercial, recreational, and oversize vehicles on public property,\nincluding streets. This ordinance is exempt from the California\nEnvironmental Quality Act (“CEQA”) because the amendments do not\nconstitute a “project” as defined by the State CEQA Guidelines (Cal.\nCode Regs., Title 14, § 15000 et seq.).\nStaff Recommendation\nContinue the Public Hearing to the Regular City Council meeting of December 5,\n2023.

C. CONSIDERATION OF A MILLS ACT CONTRACT, HISTORIC PROPERTY\nPRESERVATION AGREEMENT 23-204, FOR THE RESIDENTIAL PROPERTY\nAT 166 WEST AVENIDA ALESSANDRO AND FINDING THE PROJECT IS\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nA request to consider a Mills Act agreement between the City and the\nowners of a historic private single-family residence at 166 West Avenida\nAlessandro. Staff recommends that the project be found categorically\nexempt from the requirements of the California Environmental Quality Act\n(CEQA) pursuant to State CEQA Guidelines Section 15331 (Class 31:\nHistoric Resource Restoration/Rehabilitation).\nAdopt Resolution No. 23-128, which will:\n1. Find the project categorically exempt from the California Environmental\nQuality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR Section\n15301) and Class 31 (Historical Resource Restoration/Rehabilitation, 14\nCCR Section 15331) of the State CEQA Guidelines.\n2. Authorize the City Manager to execute the associated Mills Act contract,\nHistoric Property Preservation Agreement 23-204.

D. CONSIDERATION OF A MILLS ACT CONTRACT, HISTORIC PROPERTY\nPRESERVATION AGREEMENT 23-240, FOR THE RESIDENTIAL PROPERTY\nAT 233 AVENIDA SANTA BARBARA AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nA request to consider a Mills Act agreement between the City and the\nowners of a historic private single-family residence at 233 Avenida Santa\nBarbara. Staff recommends that the project be found categorically\nexempt from the requirements of the California Environmental Quality\nAct (CEQA) pursuant to State CEQA Guidelines Section 15331 (Class 31:\nHistoric Resource Restoration/Rehabilitation).\nStaff recommendation\nAdopt Resolution No. 23-129, which will:\n1. Find the project categorically exempt from the California Environmental\nQuality Act (CEQA) under Class 31 (Historical Resource\nRestoration/Rehabilitation, 14 CCR Section 15331) of the State CEQA\nGuidelines.\n2. Authorize the City Manager to execute the associated Mills Act contract,\nHistoric Property Preservation Agreement 23-240.

E. INTRODUCTION (FIRST READING) OF AN ORDINANCE PROHIBITING\nBICYCLES AND ELECTRIC BICYCLES AT THE MUNICIPAL GOLF COURSE\nPublic Hearing to consider a municipal code amendment to prohibit the\nuse of electric bicycles upon the San Clemente Municipal Golf Course,\nproperty located at 150 Avenida Magdalena, San Clemente, CA 92672.\nStaff and the Golf Course Committee Recommendation\n1. Introduce Ordinance No. 1764 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nSECTION 12.28.020 OF THE SAN CLEMENTE MUNICIPAL CODE\nRELATING TO THE PROHIBITION OF BICYCLES, INCLUDING ELECTRIC\nBICYCLES CLASS 1 AND CLASS 2, ON THE SAN CLEMENTE\nMUNICIPAL GOLF COURSE.

F. MASTER PLAN AMENDMENT - SAN GORGONIO PARK AND FINDING THE\nAMENDMENT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nPublic Hearing to consider an amendment to the San Gorgonio Park\nMaster Plan to discontinue the use of the pickleball courts and reestablish\nthe use for tennis at the park property, located at 2916 Via San Gorgonio,\nSan Clemente, CA 92672.\nStaff Recommendation\nAdopt Reolution No. 23-130, which will:\n1. Find that converting the courts to tennis use only and amending the San\nGorgonio Park Site-Specific Master Plan are categorically exempt from the\nCalifornia Environmental Quality Act (CEQA), 14 CCR Section 15302 (Class\n2: Replacement or Reconstruction) of the State CEQA guidelines.\n2. Approve an amendment to the San Gorgonio Park Master Plan that will\neliminate the use of the current pickleball courts and return those courts to\ntennis use only.\n3. Approve staff proceeding with the resurfacing project for the tennis courts.

A. Commissions and Committees

B. Council Subcommittee Updates

C. Council Members

D. City Attorney

E. City Manager

A. Veterans Day Recognition

B. Presentation of Proclamation - Family Court Awareness Month\nPresentation of Proclamation to Chris Mabear, Family Court Awareness Month\nCommittee, declaring November as Family Court Awareness Month.

C. Presentation of Proclamation - National Nurse Practitioner Week\nPresentation of Proclamation setting apart November 12 - 18, 2023 as National\nNurse Practitioner Week.

D. Presentation on Sand and Beach Nourishment Project\nPresentation by Leslea Meyerhoff, Coastal Zone Administrator, concerning an\nupdate on the Sand and Beach Nourishment Project.