San Clemente — 2024-02-06

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: 1\nFacts and Circumstances: American Tower Corporation alleges breach of contract\nagainst the City for pursuing what is alleged to be enforcement action.

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nExisting litigation pursuant to Government Code Section 54956.9(d)(1)\nNumber of Cases: 1\nCase Name: Harbor View Estates Homeowners Ass'n v. City of San Clemente\nOrange County Superior Court Case No. 30-2024-01371169-CU-WM-CXC.

C. 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 Grants Pass, Oregon v. Gloria Johnson, et. al.\nUnited States Supreme Court Case No. 23-175.

D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS\nDiscussion concerning real property transactions in compliance with Government Code\nSection 54956.8 regarding:\n1. 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\n*2. 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\nBUSINESS MEETING (6:00 P.M.)

C. Warrant Register\nAPPROVE WIRE TRANSFER NOS.\n2977 THROUGH 2981 AND WARRANT NOS.\n593664 THROUGH 593747, PAID ON\n1-5-24, IN THE AMOUNT OF $3,480,049.28\nAPPROVE WIRE TRANSFER NOS.\n2982 THROUGH 2985 AND WARRANT NOS.\n593748 THROUGH 593867, PAID ON\n1-12-24, IN THE AMOUNT OF $1,081,398.88\nAPPROVE WARRANT NOS.\n593868 THROUGH 594003, PAID ON\n1-19-24, IN THE AMOUNT OF $1,190,825.17\nTOTAL WARRANT REGISTER $5,752.273.33\nPayroll Register\nWARRANT NO. 921 AND AUTOMATIC\nDEPOSIT ADVISES 91198 THROUGH\n91468, FOR THE PERIOD 12-24-23\nTHROUGH 1-7-24, PAID ON 1-12-24,\nIN THE AMOUNT OF $470,465.68\nTOTAL PAYROLL REGISTER $470,465.68

D. ORDINANCE NO. 1763 (SECOND READING) - COMMERCIAL AND\nRECREATIONAL VEHICLE PARKING AND FINDING THE ORDINANCE NOT\nSUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Ordinance No. 1763 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS\n10.04 AND 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN\nCLEMENTE MUNICIPAL CODE RELATING TO THE PARKING OF\nCOMMERCIAL, RECREATIONAL, AND WIDE VEHICLES AND TRAILERS ON\nPUBLIC PROPERTY AND FINDING THE ORDINANCE NOT SUBJECT TO\nTHE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

E. ORDINANCE NO. 1772 (SECOND READING) - REGULATING TEMPORARY\nPARKLET DINING WHICH ESTABLISHES STANDARDS FOR OUTDOOR\nDINING AND SUNSETS ON JULY 1, 2026\nStaff Recommendation\nAdopt Ordinance No. 1772 entitled AN ORDINANCE OF THE CITY OF SAN\nCLEMENTE, CALIFORNIA, AMENDING SECTION 17.28.206 OF THE SAN\nCLEMENTE MUNICIPAL CODE, REGULATING TEMPORARY PARKLET\nDINING WHICH ESTABLISHES STANDARDS FOR OUTDOOR DINING\nAREAS AND SUNSETS ON JULY 1, 2026.

F. NOTICE OF COMPLETION - WATER RECLAMATION PLANT SLUICE\nGATES REPLACEMENT (PHASE 2)\nStaff Recommendation\nAdopt Resolution No. 24-14, which will:\n1. Accept the Water Reclamation Plant Sluice Gates Replacement (Phase 2),\nCIP Project No. 26212, from the contractor, Jennette Company, Inc.\n2. Authorize the Public Works Director/City Engineer to execute and record the\nNotice of Completion for the completed Water Reclamation Plant Sluice\nGates Replacement (Phase 2).\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,\nJennette Company, Inc.

G. CONTRACT AWARD - FY 2024 PAVEMENT PRESERVATION PROGRAM,\nAND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-15 which will:\n1. Find the FY 2024 Pavement Preservation Program, Project No. 24303\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 FY 2024 Pavement Preservation Program contract to Prestige\nPaving Company, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-05,\nby and between the City of San Clemente and Prestige Paving Company,\nInc., providing for the FY 2024 Pavement Preservation Program, in an\namount not to exceed $144,956, plus a 10% project contingency of $14,496,\nin a form substantially similar to Contract No. C24-05 (Attachment 4).

H. CONTRACT AWARD - FY 2024 AS-NEEDED ASPHALT PAVEMENT\nREPAIRS, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM\nTHE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-16 which will:\n1. Find the FY 2024 As-Needed Asphalt Pavement Repairs, Project No. 24306\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 FY 2024 As-Needed Asphalt Pavement Repairs contract to L.C.\nPaving & Sealing, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-06,\nby and between the City of San Clemente and L.C. Paving & Sealing, Inc.,\nproviding for FY 2024 As-Needed Asphalt Pavement Repairs, in an amount\nnot to exceed $550,000 per fiscal year, in a form substantially similar to\nContract No. C24-06 (Attachment 3).

I. PURCHASE OF A VALVE MAINTENANCE UNIT AND AUTHORIZING A\nSUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $34,055\nStaff Recommendation\nAdopt Resolution No. 24-17, which will:\n1. Approve the purchase of a 2024 LX VMS 750 Valve Maintenance Unit from\nPlumber Depot, Inc. in the amount of $132,050.59.\n2. Authorize the City Manager to execute such document and take such actions\nnecessary to complete such purchase of a 2024 LX VMS 750 Valve\nMaintenance Unit.\n3. Authorize a supplemental appropriation in the amount of $34,055 to the\nWater Operating Fund, Account Number 052-463-45500 from the Water\nFund balance to fund the purchase.

A. CONTRACT AWARD - MONTALVO AND RIVIERA PEDESTRIAN BRIDGES\nCOATING REPLACEMENT\nStaff Recommendation\nAdopt Resolution No. 24-19, which will:\n1. Award the Montalvo and Riviera Pedestrian Bridges Coating Replacement\nProject, CIP Project No. 23802, construction contract to Harbor Coating &\nRestoration, as the lowest responsible and responsive bidder.\n2. Approve, and authorize the City Manager to execute, Contract No. C24-07,\nby and between the City of San Clemente and Harbor Coating & Restoration,\nproviding for the Montalvo and Riviera Pedestrian Bridges Coating\nReplacement, in the amount of $539,890, and a 15% project contingency of\n$81,000, in a form substantially similar to Contract No. C24-07 (Attachment\n4).\n3. Approve a 15% project contingency of $81,000.

B. CONSIDERATION OF A RESOLUTION IN OPPOSITION TO ASSEMBLY\nCONSTITUTIONAL AMENDMENT 13 REGARDING VOTING THRESHOLDS\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. 24-20 entitled A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nOPPOSING ASSEMBLY CONSTITUTIONAL AMENDMENT 13 (VOTING\nTHRESHOLDS).

C. CONSIDERATION OF A RESOLUTION IN OPPOSITION TO ASSEMBLY\nCONSTITUTIONAL AMENDMENT 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. 24-21 entitled A RESOLUTION OF\nTHE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nOPPOSING ASSEMBLY CONSTITUTIONAL AMENDMENT 1.

D. CAMPAIGN CONTRIBUTION LIMITS\n(Agendized by Mayor Pro Tem Enmeier, with the support of Councilmember\nDuncan and Councilmember Loeffler at the January 16, 2024 City Council\nmeeting.)\nStaff Recommendation\nNo later than February 20, 2024 determine a course of action with regard to\nlocal campaign contribution limits for elective City office candidates - i.e., either\ntake no action and continue to rely on the State default restrictions or establish\nlimitations that are higher or lower than the State default amounts.

A. BILLING FOR 2023 WEED ABATEMENT PROGRAM\nPublic Hearing to consider all objections or protests, if any, to the costs of\nthe abatement of weeds, rubbish, refuse and dirt upon streets, sidewalks,\nparkways and private property within the City of San Clemente and to the\nassignment of these costs to the properties on which the abatement was\ncompleted.\nStaff Recommendation\nAdopt Resolution No. 24-18, which will:\n1. Waive the City’s notification costs for the compliant property owners.\n2. Approve the Weed Abatement Report.\n3. Authorize the Weed Abatement Contract Administrator to bill the amounts\nindicated in the report to the appropriate property owners.

A. Commissions and Committees\n(1) VACANCY ON THE HUMAN AFFAIRS COMMITTEE\nStaff Recommendation\n1. Accept Jill Schachter’s resignation with regret.\nand\n2. Authorize the City Clerk to advertise to fill 1 vacancy on the Human\nAffairs Committee with a term to expire on June 30, 2024.\nOR\n3. Direct Staff to advertise for the vacancy on the Human Affairs\nCommittee when the City advertises for vacancies on all\nCommissions and Committees in May of this year.

B. Council Subcommittee Updates

C. Council Members

D. City Attorney

E. City Manager

A. United States Army Corps of Engineers Beach Sand Project\nPresentation by Colonel Mike Helton, Los Angeles District Army Corps of\nEngineers, concerning an update on the beach sand project.

A. REVIEW OF THE CITY’S SELF-INSURED LIABILITY PROGRAM REPORT\nWITH INFORMATION ON VARIOUS SELF-INSURED RETENTION LEVELS\nStaff Recommendation\nReceive and file the Administrative Report dated February 6, 2024 and on file\nwith the City Clerk.

B. CONSIDERATION OF AFFIRMING PREVIOUS AMENDMENTS TO POLICY\n1201-11 (CITY COUNCIL MEETING AND OPERATING PROCEDURES)\nCONCERNING ALLOWING PUBLIC COMMENTS ON THE CONSENT\nCALENDAR PRIOR TO CITY COUNCIL VOTING ON THE CONSENT\nCALENDAR AND CONSIDERATION OF MOVING THE CONSENT\nCALENDAR\nStaff Recommendation\n1. Adopt Resolution No. 24-13, which would affirm modifications to Sections\n4.4.4 and 4.5.1 of City Council Meeting and Operating Procedures Policy\n1201-11 to clarify that the public shall be allowed a total of three (3) minutes\nto comment on the Consent Calendar as one agenda item prior to the City\nCouncil voting on the Consent Calendar as a whole and that if a member of\nthe City Council or staff pulls a matter off the Consent Calendar, the matter\nwould be treated as a separate agenda item with additional public comment .\nand\n2. Authorize, and direct staff to administratively change Policy 1201-11 so\nthat the Consent Calendar is heard at the end of the meeting, instead of\nthe beginning, and to publish the updated Policy on the City’s website\nwithout the need for staff to return to City Council with a formal resolution.