San Clemente — 2024-01-16

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: 3\n1. Facts and Circumstances: American Tower Corporation alleges breach of Contract\nagainst the City for pursuing what is alleged to be enforcement action.\n2. Facts and Circumstances: Notice of Intent to File Suit under the California\nEnvironmental Quality Act by Harbor View Estates Homeowners Association\n(attached).\n3. Facts and circumstances not yet known to a potential plaintiff.

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nDiscussion concerning real property transactions in compliance with Government Code\nsection 54956.8 regarding:\n1. Real Property Negotiations: APN 058-111-55\nProperty: 100 Calle Seville, San Clemente, CA 92672\nCity Negotiators: Andy Hall, City Manager and Samantha Wylie, Beaches, Parks\nand Recreation Director\nNegotiating Parties: San Clemente Historical Society\nUnder Negotiations: Price and terms\n2. Real Property Negotiations: APN 701-041-62, 124-101-38, 701-041-55 and 701-\n041-57\nProperty: 1400 East Avenida Pico, San Clemente, CA 92672\nCity Negotiators: Andy Hall, City Manager\nNegotiating Parties: Foothill/Eastern Transportation Corridor Agency\n3. Real Property Negotiations: APN 688-142-35\nProperty: 1030 Calle Negocio, San Clemente, CA 92672\nCity Negotiators: Andy Hall, City Manager\nNegotiating Parties: Camino Real Playhouse\nUnder Negotiations: Price and terms\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda\nBUSINESS MEETING (6:00 P.M.)

C. Warrant Register\n(1) APPROVE WARRANT NOS.\n592885 THROUGH 593015, PAID ON\n11-24-23, IN THE AMOUNT OF $994,011.21\n(2) APPROVE HANDWRITE NO. 593016,\nWIRE TRANSFER NOS. 2957 THROUGH\n2962 AND WARRANT NOS. 593017\nTHROUGH 593161, PAID ON 12-1-23,\nIN THE AMOUNT OF $4,690,379.04\n(3) APPROVE WIRE TRANSFER NOS.\n2963 THROUGH 2964 AND WARRANT NOS.\n593162 THROUGH 593325, PAID ON\n12-8-23, IN THE AMOUNT OF $3,910,492.11\n(4) APPROVE HANDWRITE NOS. 593465\nTHROUGH 593465, WIRE TRANSFER NOS.\n2965 THROUGH 2970 AND WARRANT NOS.\n593326 THROUGH 593463, PAID ON\n12-15-23, IN THE AMOUNT OF $3,231,502.82\n(5) APPROVE WIRE TRANSFER NOS.\n2971 THROUGH 2976 AND WARRANT NOS.\n593466 THROUGH 593663, PAID ON\n12-22-23, IN THE AMOUNT OF $2,586,885.43\nTOTAL WARRANT REGISTER $15,413,270.61\nPayroll Register\nWARRANT NO. 919, AUTOMATIC\nDEPOSIT ADVISES 90296 THROUGH\n90601, FOR THE PERIOD 11-13-23\nTHROUGH 11-26-23, PAID ON 12-1-23,\nIN THE AMOUNT OF $590,765.75\nAUTOMATIC DEPOSIT ADVISES 90602\nTHROUGH 90907, FOR THE PERIOD\n11-27-23 THROUGH 12-10-23, PAID\nON 12-15-23, IN THE AMOUNT OF $486,058.73\nWARRANT NO. 920 AND AUTOMATIC\nDEPOSIT ADVISES 90908 THROUGH\n91197, FOR THE PERIOD 12-11-23\nTHROUGH 12-24-23, PAID ON 12-29-23,\nIN THE AMOUNT OF $448,816.68\nTOTAL PAYROLL REGISTER $1,525,641.16\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda

D. NOTICE OF COMPLETION - CORONADO LANE / AVENIDA VICTORIA\nSTORM DRAIN IMPROVEMENTS\nStaff Recommendation\nAdopt Resolution No. 24-01, which will:\n1. Accept the Coronado Lane/Avenida Victoria Storm Drain Improvements,\nCIP Project No. 26001, from the contractor, GCI Construction, Inc.\n2. Authorize the Public Works Director/City Engineer to execute and record\nthe Notice of Completion for the completed Coronado Lane/Avenida\nVictoria 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,\nGCI Construction, Inc.

E. NOTICE OF COMPLETION - SEWER LINE POINT REPAIRS AND LINING\nStaff Recommendation\nAdopt Resolution No. 24-02, which will:\n1. Accept Sewer Line Point Repairs and Lining, CIP Project No. 28206, from\nthe contractor, Insituform Technologies, LLC.\n2. Authorize the Public Works Director/City Engineer to execute and record\nthe Notice of Completion for the completed Sewer Line Point Repairs and\nLining.\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,\nInsituform Technologies, LLC.\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda

F. CONTRACT AWARD - PURCHASE AND INSTALLATION/REPLACEMENT OF\n11 VENSTATION XC PAY STATIONS, AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-03, which will:\n1. Find the project categorically exempt from CEQA under Class 2\n(Replacement or Reconstruction, 14 CCR section 15302) of the State\nCEQA Guidelines.\n2. Award a sole source contract to Pacific Parking Systems, Inc. for the\npurchase and installation of eleven (11) venSTATION XC Multi Rate Pay\nby Space Automated Multi-Space Pay Station Machines in an amount not\nto exceed $120,000 based on the fixed price quote (Attachment 2).\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n01, by and between the City of San Clemente and Pacific Parking\nSystems, Inc., providing for the purchase and installation of eleven (11)\nvenSTATION XC Multi Rate Pay by Space Automated Multi-Space Pay\nStation Machines, in an amount not to exceed $120,000.

G. CONTRACT AWARD - AS-NEEDED BUILDING PLAN REVIEW SERVICES\nStaff Recommendation\nAdopt Resolution No, 24-04, which will:\n1. Award a professional services agreement to West Coast Code Consultants\nand award a professional services agreement to VCA Code for on-call\nbuilding plan check services.\n2. Approve, and authorize the City Manager to execute, Contract No. C24-02,\nby and between the City of San Clemente and West Coast Code\nConsultants, providing for on-call building plan check services, for a term of\nthree (3) years, in an amount not to exceed $85,000 annually.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-03,\nby and between the City of San Clemente and VCA Code, providing for\non-call building plan check services, for a term of three (3) years, in an\namount not to exceed $85,000 annually.\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda

H. CONTRACT AWARD - MULTI-FUNCTIONAL COPIER DEVICE LEASE AND\nSERVICE AGREEMENT FOR ALL CITY OFFICES, AND DECLARING\nEXISTING COPIERS SURPLUS UPON REPLACEMENT\nStaff Recommendation\nAdopt Resolution No. 23-148, which will:\n1. Award a sixty (60) month lease and service agreement for Sharp\nmulti-function copier devices to CBE at a total cost of approximately\n$36,150 annually, plus $.0049 for black and white prints and $.049 for\ncolor prints.\n2. Approve, and authorize the City Manager to execute, Contract No. C24-\n04, contract documents based on State of California Participating\nAddendum No. 7-19-70-46-07 to the NASPO ValuePoint Master\nAgreement Number 140603, by and between the City of San Clemente\nand CBE Office Solutions, providing for a lease of Sharp multi-function\ncopier devices, in an approximate amount of $36,150 annually plus\n$.0049 for black and white prints and $.049 for color prints.\n3. Declare that, effective upon the replacements becoming operational, the\nexisting copiers shall constitute surplus and are authorized for disposal\npursuant to Policy No. 201-2-4.

I. CONSTRUCTION AND REHABILITATION OF BEACH TRAIL FENCING, AN\nAPPROPRIATION OF FUNDING IN THE AMOUNT OF $250,000 TO\nCONTINUE PEDESTRIAN AUDIBLE WARNING SYSTEM, AND FINDING THE\nPROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT UNDER CLASS 1\nStaff Recommendation\nAdopt Resolution No. 24-05, which will:\n1. Find the project is categorically exempt from CEQA under Class 1\n(Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines\nsection 15301.\n2. Appropriate funds in the amount of $250,000 to Account Number 001-631\n-45700 for the procurement of materials and labor for the rehabilitation of\nthe Beach Trail fencing together with associated permitting costs.\n3. Authorize the City Manager, or his designee, to purchase all required\nmaterials for the project up to $120,000 following applicable procurement\npolicy and procedure.\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda\n4. Direct staff to procure a contract for the associated labor for the project\nfollowing applicable procurement policy and procedure.

J. CONSIDERATION OF APPROVING A PROJECT V GRANT SUBMITTAL TO\nTHE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR THE\nCONTINUATION OF TROLLEY SERVICES AND SC RIDES\nStaff Recommendation\nAdopt Resolution No. 24-06 entitled A RESOLUTION OF THE CITY OF SAN\nCLEMENTE CITY COUNCIL APPROVING THE SUBMITTAL OF THE SAN\nCLEMENTE TROLLEY SERVICES AND SC RIDES APPLICATION TO THE\nORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER\nTHE PROJECT V COMMUNITY-BASED TRANSIT/CIRCULATORS\nPROGRAM.

K. CONSIDERATION OF AMENDING POLICY 1201-11 (CITY COUNCIL\nMEETING AND OPERATING PROCEDURES) CHANGING THE MAYOR AND\nMAYOR PRO TEMPORE TERM TO BE EFFECTIVE IMMEDIATELY AFTER\nTHE ADJOURNMENT OF THE CITY COUNCIL MEETING AT WHICH THEY\nWERE SELECTED\nStaff Recommendation\nAdopt Resolution No. 24-07, which would modify Section 4.2.1 of City Council\nMeeting and Operating Procedures Policy 1201-11 to reflect the recent\nchanges related to the Mayor and Mayor Pro Tempore terms.

L. CONSIDERATION OF APPROVING A REVISED HOURLY PART-TIME\nSALARY SCHEDULE TO INCLUDE OCEAN LIFEGUARD I/II AND PARK\nRANGER I/II CLASSIFICATIONS\nStaff Recommendation\nAdopt Resolution No. 24-08 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING A REVISED\nHOURLY PART-TIME SALARY SCHEDULE TO INCLUDE OCEAN\nLIFEGUARD I/II AND PARK RANGER I/II AND AMENDING RESOLUTION NO.\n23-157 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

M. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING\nEXPENSES\nStaff Recommendation\nAuthorize an expenditure not to exceed $4,400 related to City Councilmembers’\nattendance at the League of California Cities Mayors and Councilmembers\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda\nAcademy.

A. CONSIDERATION OF A RESOLUTION IN OPPOSITION TO PROPOSITION 1\n(Agendized by Councilmember Knoblock, with the support of Councilmember\nLoeffler at the December 18, 2023 Special City Council Meeting.)\nStaff Recommendation\nDetermine whether to adopt Resolution No. 24-11 entitled A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nOPPOSING PROPOSITION 1.

B. CONSIDERATION OF A RESOLUTION ADOPTING A STATEMENT OF\nINTENT FOR EACH COUNCILMEMBER TO ACT IN THE BEST INTERESTS\nOF THE ENTIRE CITY FOLLOWING THE IMPLEMENTATION OF COUNCIL\nELECTION DISTRICTS\n(Agendized by Mayor Cabral, with the support of Councilmember Loeffler at the\nDecember 5, 2023 City Council meeting.)\nStaff Recommendation\nDetermine whether to adopt Resolution No. 24-12 entitled A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nADOPTING A STATEMENT OF INTENT FOR EACH COUNCILMEMBER TO\nACT IN THE BEST INTERESTS OF THE ENTIRE CITY FOLLOWING THE\nIMPLEMENTATION OF COUNCIL ELECTION DISTRICTS.\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda

C. CONSIDERATION OF AMENDING POLICY 1201-11 (CITY COUNCIL\nMEETING AND OPERATING PROCEDURES) CONCERNING ALLOWING\nPUBLIC COMMENTS ON THE CONSENT CALENDAR PRIOR TO CITY\nCOUNCIL VOTING ON THE CONSENT CALENDAR\nStaff Recommendation\nAdopt Resolution No. 24-13, which would modify Sections 4.4.4 and 4.5.1 of\nCity Council Meeting and Operating Procedures Policy 1201-11 to clarify that\nthe public shall be allowed a total of three (3) minutes to comment on the\nConsent Calendar as one agenda item prior to the City Council voting on the\nConsent Calendar as a whole and that if a member of the City Council or staff\npulls a matter off the Consent Calendar, the matter would be treated as a\nseparate agenda item with additional public comment.

D. RECOMMENDATION FROM THE BEACHES, PARKS & RECREATION\nCOMMISSION TO CONSIDER ALLOWING DOGS ON THE BEACH AND\nPRIORITIZE FUNDING FOR OFF-LEASH DOG PARKS AT SAN LUIS REY\nAND SAN GORGONIO PARKS\nStaff Recommendation\nProvide direction to the City Manager, or the Beaches Parks & Recreation\nCommission, regarding whether to take the next steps toward considering\nallowing dogs on the beach and off-leash dog parks at San Luis Rey and San\nGorgonio Parks and provide related parameters.

A. CONSIDERATION OF ADOPTION (SECOND READING) OF ORDINANCE NO.\n1770 AMENDING SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL\nCODE TO MAKE MODIFICATIONS TO THE DISTRICT MAP AND\nINTRODUCTION (FIRST READING) OF ORDINANCE NO. 1771 REGARDING\nELECTION SEQUENCING\nPublic Hearing to consider amending Ordinance No. 1762 to modify the\ndistrict elections map and/or other modification(s).\nStaff Recommendation\n1. Conduct a second reading of and adopt Ordinance No. 1770 entitled\n“AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN\nCLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.011 OF THE\nSAN CLEMENTE MUNICIPAL CODE TO REVISE THE DISTRICT\nELECTION MAP,” which has Map 111 as Exhibit A to the Ordinance.\nand\n2. Introduce and conduct the first reading of Ordinance No. 1771 entitled\nAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN\nCLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.012 RELATED\nTO DISTRICT ELECTION SEQUENCING.\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda

B. INTRODUCTION (FIRST READING) OF COMMERCIAL AND RECREATIONAL\nVEHICLE PARKING ORDINANCE AND FINDING THE ORDINANCE NOT\nSUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nContinued Public Hearing for the City Council to consider a recommendation\nof the 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, including\nstreets.\nPublic Safety Committee and Staff Recommendation\nIntroduce Ordinance No. 1763 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nCHAPTERS 10.04 AND 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC) OF\nTHE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE PARKING\nOF COMMERCIAL, RECREATIONAL, AND WIDE VEHICLES AND\nTRAILERS ON PUBLIC PROPERTY AND FINDING THE ORDINANCE NOT\nSUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

C. PUBLIC HEARING TO CONSIDER CHANGING OR REVOKING\nCONDITIONAL PERMIT 1021/ VOLUNTARY COMPLIANCE AGREEMENT/\nAND WIRELESS SCREENING FORM WMS 23-231 RELATED TO THE\nPROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER\n690-552-05 AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM\nTHE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Part 1) (Part 2)\nPublic Hearing to consider whether to make changes to or revoke approved\napplications related to a telecommunications facility located at 616 Del Dios,\nincluding a Conditional Permit issued by the County of Orange in 1962 (as\nthereafter modified and approved by the City), Voluntary Compliance\nAgreement between American Tower Corporation and the City dated on or\nabout July 6, 2023, and Wireless Communications Facilities Application\nScreening Form WMS 23-231 filed by Dish Wireless, LLC, a Colorado limited\nliability company, and may consider initiating litigation related to the same.\nThe City Council will also consider whether any action that it takes that\nqualifies as a project is exempt from the California Environmental Quality Act,\nincluding, but not limited to, pursuant to State CEQA Guidelines Sections\n15301, 15302, 15303, 15304, 15305 and 15321.\nStaff Recommendation\nAdopt Resolution No. 24-09, which will find the project categorically exempt\nunder Classes 1, 2 and 3, would make public nuisance findings and would\nmodify the entitlement (CP 1021) to incorporate the following conditions of\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda\napproval:\n1. The Owner, its tenants, and any contractors, shall access the property only\nby means of Avenida Salvador easement - unless they can demonstrate\neasement rights via Del Dios.\n2. The Owner, their tenants, and any contractors shall require escorted access\nfor any vehicles other than light duty pickup trucks. Any damage to the\nRidgeline trail observed by City staff to have occurred as a result of access\nby Owner, their tenants, and any contractors shall be repaired by a\ncontractor of the City’s choosing within one (1) month of noticed damage.\n3. The Owner and/or their tenant(s) shall permanently solve ongoing safety\nissues at the site by preventing persons from climbing the tower, which may\nbe accomplished by replacing the lattice tower with a new monopole tower\nmeeting the general design goals of the City’s Wireless Master Plan or other\nfeasible solution approved by the City.\n4. The Owner and/or its tenant(s) shall repair and/or replace the fence with a\nmaterial and style supported by the City’s Code Compliance Manager and\nthe City’s police services Captain or designee for the purpose of mitigating\nthe issue of ongoing trespass.\n5. The Owner and/or its tenant(s) shall install security cameras on the Property\nto alert the Owner of trespass and safety issues and the Owner shall take\nproactive responsibility for mitigating and preventing the issue of ongoing\ntrespass.\n6. The Owner and its tenants shall operate and maintain the site in a manner\nthat complies with all applicable laws and regulations.\n7. The Owner shall defend and indemnify the City.\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda

D. INTRODUCTION (FIRST READING) OF ZONING TEXT AMENDMENT TO SAN\nCLEMENTE MUNICIPAL CODE SECTION 17.28.206 - TEMPORARY\nPARKLET DINING, CONSIDERATION OF A RESOLUTION CONTINUING THE\nPARTICIPATION FEE AND FINDING THE ACTIONS EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nPublic Hearing to consider a zoning text amendment to San Clemente\nMunicipal Code (SCMC) Section 17.28.206 - Temporary Parklet Dining -\nwhich establishes permitting and licensing guidelines for temporary\noutdoor dining facilities. The proposed amendment would extend the\n“Parklet Program” under this Section to July 1, 2026 in accordance with\nAssembly Bill 1217. The City Council will consider whether the project\nbe found Categorically Exempt from the California Environmental Quality\nAct (CEQA), including under CEQA Guidelines Section 15301 (14 CCR §\n15301, Class 1: Existing Facilities); Section 15303(e) (14 CCR 15303(e),\nClass 3: New Construction or Conversion of Small Structures); Section\n15304(e) (14 CCR § 15304(e), Class 4: Minor Alterations to Land);\nSection 15305(b) (14 CCR § 15305(b), Class 5: Minor Alterations in Land\nUse Limitations); and Section 15311 (14 CCR § 15311, Class 11:\nAccessory Structures).\nStaff Recommendation\n1. Open the public hearing, receive the staff report and public comments and\ntestimony, and close the public hearing.\n2. Determine Zoning Amendment 23-424 is consistent with the intent of the\nstate enabling legislation (Assembly Bill 1217) because it establishes a\ntemporary parklet program that regulates the time, place, and manner of\ntemporary outdoor dining facilities as encouraged by the State of\nCalifornia and is categorically exempt from the California Environmental\nQuality Act (CEQA) under CEQA Guidelines Section 15301 (14 CCR §\n15301, Class 1: Existing Facilities); Section 15303(e) (14 CCR § 15303(e),\nClass 3: New Construction or Conversion of Small Structures); Section\n15304(e) (14 CCR § 15304(e), Class 4: Minor Alterations to Land); Section\n15305(b) (14 CCR § 15305(b), Class 5: Minor Alterations in Land Use\nLimitations); and Section 15311 (14 CCR § 15311, Class 11: Accessory\nStructures).\n3. Introduce Ordinance No. 1772 entitled AN ORDINANCE OF THE CITY\nOF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206\nOF THE SAN CLEMENTE MUNICIPAL CODE, REGULATING\nTEMPORARY PARKLET DINING WHICH ESTABLISHED STANDARDS\nFOR OUTDOOR DINING AREAS AND SUNSETS ON JULY 1, 2026.\n4. Adopt Resolution No. 24-10, which would establish a participation fee of\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda\nfour dollars ($4) per square foot per month for parklets on public property\nand one dollar ($1) per square foot per month for parklets on private\nproperty to be incorporated within the updated Limited Term Parking\nRelief Agreement. These fee amounts would be unchanged from the rates\napplied between 2021-2023.

A. Commissions and Committees

B. Council Subcommittee Updates

C. Council Members

D. City Attorney

E. City Manager

A. Introduction of Mayor Cabral and Mayor Pro Tem Enmeier\n*B. United States Army Corps of Engineers Beach Sand Project\nPresentation by Donald Chueng, Project Manager, Los Angeles District Army\nCorps of Engineers, concerning an update on the beach sand project.