San Clemente — 2025-10-07

10A. CONSIDERATION OF MAKING PUBLIC RECORDS REQUESTS STATISTICS\nAVAILABLE VIA THE CITY WEBSITE\n(Agendized by councilmember Loeffler, with the support of Mayor Pro Tem\nEnmeier and Councilmember Cabral at the September 2, 2025 City Council\nmeeting.)\nStaff Recommendation\nDetermine whether to add Public Records Requests to the City website and\nchoose from the following options below:\n1. Direct Staff to add Public Records Requests to the City website via the\nJustFOIA search engine effective October 8, 2025.\nOR\n2. Direct Staff to include a monthly report of Public Records Requests on the\nCity website beginning with August 2025.\nOR\n3. Direct Staff to add Public Records Requests to the City website via the\nJustFOIA search engine AND include a monthly report of Public Records\nRequests to the City website beginning with August 2025.

10B. DISCUSSION ABOUT AND POTENTIAL MODIFICATION OF CITY COUNCIL\nPOLICY 1201-11, SPECIFICALLY SECTIONS 4.5.4 AND 4.5.6 RELATING TO\nPLACEMENT OF ITEMS ON THE CITY COUNCIL MEETING AGENDA BY\nMEMBERS OF THE CITY COUNCIL AND RECONSIDERATION OF\nPREVIOUS ACTIONS OF THE CITY COUNCIL\n(Agendized by Councilmember Cabral, with the support of Mayor Pro Tem\nEnmeier and Councilmember Loeffler, at the September 2, 2025 City Council\nmeeting.)\nStaff Recommendation\nModify City Council Policy 1201-11 regarding placement of items on the City\nCouncil agenda to avoid discussion of items that are not on the current agenda\nand to allow members of the City Council to have a short discussion about future\nagenda items before they are placed on the agenda, and clarification of the\nprocess to reconsider previous actions of the City Council.

10C. RECONSIDERATION OF JOINING THE SOUTH ORANGE COUNTY BEACH\nCOALITION\n(Agendized by Councilmember Wu, with the support of Mayor Knoblock and\nCouncilmember Cabral at the September 2, 2025 City Council meeting.)\nStaff Recommendation\nReconsider a previous City Council action to join the South Orange County\nBeach Coalition and make an appropriate motion to proceed with the\nprevious action or consider a motion to take a different action.

10D. PROVISION OF CONTEXT AND DETAILS ASSOCIATED WITH AND\nDISCUSSION OF A VIOLATION OF THE RALPH M. BROWN ACT (BROWN\nACT) BY COUNCILMEMBER WU AND POTENTIAL WAIVER OF CLOSED\nSESSION CONFIDENTIALITY TO AID SUCH DISCUSSION\n(Agendized by Councilmember Cabral, with the support of Councilmember Wu\nat the September 16, 2025 Council meeting.)\nStaff Recommendation\n1. Emphasize the critical nature of maintaining the confidentiality of closed\nsession discussions and not violating the Brown Act.\n2. Discuss whether it is in the City’s best interest to maintain closed session\nconfidentiality related to this incident or waive privilege so that a full\ndiscussion may be had in public.\n3. Determine if appropriate actions have taken place to ensure future closed\nsession discussions remain confidential.

10E. CONSIDERATION OF A RESOLUTION ESTABLISHING WATER RATE\nSETTING PROCEDURES UNDER PROPOSITION 218 AND GOVERNMENT\nCODE SECTIONS 53750 THROUGH 53759.2 AND 54354.5 FOR PROPERTY\nOWNER OBJECTIONS TO PROPOSED WATER FEES\nStaff Recommendation\nAdopt Resolution No. 25-151 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nESTABLISHING WATER RATE SETTING PROCEDURES UNDER\nPROPOSITION 218 AND GOVERNMENT CODE 53750 THROUGH 53759.2\nAND 54354.5 FOR PROPERTY OWNER OBJECTIONS TO PROPOSED\nWATER FEES.

11A.\nCity Council Minutes\nStaff Recommendation:\n(1)

11B.\nAPPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF\nSEPTEMBER 16, 2025.\nCommission/Committee Minutes\nStaff Recommendation:\nReceive and file the following:

11C.\n(1)\nDESIGN REVIEW SUBCOMMITTEE REGULAR MEETING OF JULY 23,\n2025.\n(2)\nPLANNING COMMISSION\nAUGUST 20, 2025.\nREGULAR\nMEETING\nMINUTES\nOF\n(3)\nZONING ADMINISTRATOR\nAUGUST 21, 2025.\nREGULAR\nMEETING\nMINUTES\nOF\n(4)\nDESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES\nOF AUGUST 27, 2025.\n(5)\nZONING ADMINISTRATOR\nSEPTEMBER 4, 2025.\nREGULAR\nMEETING\nMINUTES\nOF\n(6)\nPLANNING COMMISSION\nSEPTEMBER 17, 2025.\nREGULAR\nMEETING\nMINUTES\nOF\nWarrant Register\n(1)\n(2)\n(3)\nAPPROVE WARRANT NOS.\n607064 THROUGH 607193, PAID ON\n9-12-25, IN THE AMOUNT OF\n$4,256,403.21\nAPPROVE WIRE TRANSFER NOS.\n3309 THROUGH 3315 AND WARRANT NOS.\n607194 THROUGH 607308, PAID ON\n9-19-25, IN THE AMOUNT OF\n$1,794,554.86\nAPPROVE WARRANT NOS.\n607309 THROUGH 607423, PAID ON\n9-26-25, IN THE AMOUNT OF\n$1,059,558.21\nTOTAL WARRANT REGISTER\n$7,110,516.28\nPayroll Register\nAUTOMATIC DEPOSIT ADVISES 106353\nTHROUGH 106688, FOR THE PERIOD\n9-1-25 THROUGH 9-14-25, PAID\nON 9-19-25, IN THE AMOUNT OF\n$575,950.32\nTOTAL PAYROLL REGISTER\n$575,950.32

11D. ADOPT ORDINANCE NO. 1795 (SECOND READING) - AN ORDINANCE OF\nTHE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nCERTIFYING ADDENDUM NO. 6 TO THE FINAL ENVIRONMENTAL IMPACT\nREPORT FOR THE MARBLEHEAD COASTAL SPECIFIC PLAN (SCH NO.\n1995091037) PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY\nACT AND APPROVING ZONING AMENDMENT ZA25-362 TO AMEND\nSECTION 502(V)(D) OF THE MARBLEHEAD COASTAL SPECIFIC PLAN TO\nALLOW A HOTEL WITH THE SAME HEIGHT EXCEPTION GRANTED TO THE\nTHEATER, FOR A MAXIMUM BUILDING HEIGHT OF 55 FEET TO THE\nPLATE LINE AND 62 FEET TO THE TOP OF THE ROOF OR HIGHEST\nPROJECTION\nStaff Recommendation\nAdopt Ordinance No. 1795 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM\nNO. 6 TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE\nMARBLEHEAD COASTAL SPECIFIC PLAN (SCH NO. 1995091037)\nPURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND\nAPPROVING ZONING AMENDMENT ZA25-362 TO AMEND SECTION 502(V)\n(D) OF THE MARBLEHEAD COASTAL SPECIFIC PLAN TO ALLOW A HOTEL\nWITH THE SAME HEIGHT EXCEPTION GRANTED TO THE THEATER, FOR\nA MAXIMUM BUILDING HEIGHT OF 55 FEET TO THE PLATE LINE AND 62\nFEET TO THE TOP OF THE ROOF OR HIGHEST PROJECTION.

11E. CONSIDERATION OF RESOLUTION NO. 25-152, APPROVING THE\nBEACHES, PARKS AND RECREATION COMMISSION FY 2025-26 WORK\nPLAN AND MAKING FINDINGS UNDER\nTHE CALIFORNIA\nENVIRONMENTAL QUALITY ACT RELATED THERETO\nBeaches, Parks & Recreation Commission and Staff Recommendation\nAdopt Resolution No. 25-152, which will:\n1. Make findings under the California Environmental Quality Act as to the\nitems on the work plan.\n2. Approve the Beaches, Parks & Recreation Commission 2025-26 Work\nPlan.

11F. CONSIDERATION OF RESOLUTION NO. 25-153, APPROVING THE GOLF\nCOURSE COMMITTEE FY 2025-26 WORK PLAN AND MAKING FINDINGS\nUNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nGolf Course Committee and Staff Recommendation\nAdopt Resolution No. 25-153, which will:\n1. Make findings under the California Environmental Quality Act as to the\nitems on the work plan.\n2. Approve the Golf Course Committee 2025-26 Work Plan.

11G. NOTICE OF COMPLETION - FY 2025 MAJOR STREET MAINTENANCE, CIP\nPROJECT NO. 25303\nStaff Recommendation\nAdopt Resolution No. 25-154, which will:\n1. Accept the FY 2025 Major Street Maintenance, CIP Project No. 25303,\nfrom the contractor, Roy Allan Slurry Seal, Inc.\n2. Authorize the City Clerk to execute and record the Notice of Completion\nfor the FY 2025 Major Street Maintenance.\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,\nRoy Allan Slurry Seal, Inc.\n4. Authorize the City Clerk to release the performance bond for this project\nupon receipt of a warranty bond in a form acceptable to the Public Works\nDirector/City Engineer in the amount of 25% of the total construction cost.

11H. CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP\n2025-109, 214 WEST MARIPOSA DUPLEX CONDOMINIUM SUBDIVISION\nStaff Recommendation\nAdopt Resolution No. 25-155, which will:\n1. Approve the Final Parcel Map 2025-109 as it conforms to the\nrequirements set forth in the Subdivision Map Act and the previously\napproved Tentative Parcel Map.\n2. Accept on behalf of the City of San Clemente the water rights as\ndedicated.\n3. Authorize and direct the Public Works Director/City Engineer to execute\nthe Final Parcel Map upon verification that the Covenants, Conditions &\nRetrictions and payment of the review fees have been completed and\napproved by the City Attorney and City Planner, respectively.\n4. Authorize and direct the City Clerk to execute and submit the Final Parcel\nMap for recordation with the County of Orange Recorder’s Office.

11I. CONSIDERATION OF NATIONAL OPIOID SETTLEMENT AGREEMENTS\nWITH DEFENDANTS ALVOGEN, AMNEAL, APOTEX, HIKMA, INDIVIOR,\nMYLAN, SUN, AND ZYDUS AND AUTHORIZING THE CITY MANAGER TO\nEXECUTE FUTURE SIMILAR AGREEMENTS\nStaff Recommendation\nAdopt Resolution No. 25-156, which will:\n1. Approve the settlement agreements with Alvogen, Amneal, Apotex,\nHikma, Indivior, Mylan, Sun, and Zydus (City Contract C19-27).\n2. Approve, and authorize the City Manager, or his designee, to opt into the\nsettlement, execute any and all documents necessary to implement the\naction (including Attachments 3 and 4 of the Administrative Report dated\nOctober 7, 2025) and, when possible (i.e., after payment to special\ncounsel) allocate the City's designated share of settlement funds to the\nCounty of Orange.\n3. Approve, and authorize the City Manager, or his designee, to opt into\nfuture settlements on similar terms in this case, execute any documents\nnecessary to implement the action and, when possible (i.e., after payment\nto special counsel) allocate the City's designated share of settlement\nfunds to the County of Orange.

11J. CONSIDERATION OF A RESOLUTION APPROVING AGREEMENTS FOR A\nTEMPORARY RIGHT OF ENTRY, CONSTRUCTION, AND MAINTENANCE\nAGREEMENT FOR RESERVOIR NO. 5 SITE ACCESS AND RIGHT OF\nENTRY AND MAINTENANCE AGREEMENT FOR TREE MAINTENANCE WITH\nRANCHO SAN CLEMENTE COMMUNITY ASSOCIATION; AUTHORIZING\nTHE CITY MANAGER TO EXECUTE THE AGREEMENTS; AND FINDING THE\nACTIONS CATEGORICALLY EXEMPT UNDER THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 25-157, which will approve, and authorize the City\nManager to execute, Contract No. C25-50, a Temporary Right of Entry\nAgreement, and Contract No. C25-51, Tree Maintenance Agreement, by and\nbetween the City of San Clemente and the Rancho San Clemente\nCommunity Association, for a Temporary Right of Entry, Construction and\nMaintenance Agreement for Reservoir 5 and a Right of Entry and\nMaintenance Agreement for Tree Maintenance, and find the actions\ncategorically exempt from CEQA under Class 1 of the state CEQA Guidelines\nSection 15301 (14 CCR Section 15301, Existing Facilities).

8A.\nPUBLIC HEARING - CONSIDERATION OF A RESOLUTION APPROVING\nTHE 2024-2025 CONSOLIDATED ANNUAL PERFORMANCE & EVALUATION\nREPORT (CAPER) FOR EXPENDITURE OF COMMUNITY DEVELOPMENT\nBLOCK GRANT FUNDS\nPublic Hearing to consider the 2024-2025 Consolidated Annual\nPerformance and Evaluation Report (CAPER) for the Community\nDevelopment Block Grant (CDBG).\nStaff Recommendation\n1. Open the public hearing, hear public comment and testimony, and close\nthe public hearing.\n2. Adopt Resolution No. 25-146 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING\nAND ADOPTING THE FISCAL YEAR 2024-2025 CONSOLIDATED\nANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR\nSUBMITTAL TO THE U. S. DEPARTMENT OF HOUSING AND URBAN\nDEVELOPMENT.

8B.\nPUBLIC HEARING - CONSIDERATION OF RESOLUTION NO. 25-147\nADOPTING A REVISED FEE SCHEDULE FOR ELECTRIC VEHICLE\nCHARGING STATIONS AND REPEALING RESOLUTION NO. 19-30\nPublic Hearing to consider amending the City’s fee schedule for electric\nvehicle charging stations. The proposed resolution aims to recover\nelectricity and support costs for City owned public electric vehicle\ncharging stations.\nStaff Recommendation\n1. Open the public hearing, hear public comment and testimony, and close\nthe public hearing.\n2. Adopt Resolution No. 25-146 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING A\nREVISED FEE SCHEDULE FOR VEHICLE CHARGING STATIONS.

8C. PUBLIC HEARING - CONSIDERATION OF RESOLUTION NO. 25-148,\nADOPTING\nPOLICY\nAND\nPROCEDURE\nNO.\n702-9\nENTITLED\n“COMPETITIVE YOUTH AQUATIC PARTNERSHIP POLICY” AND FEES SET\nFORTH THEREIN; AND CONSIDERATION OF RESOLUTION NO. 25-149,\nAMENDING RESOLUTION NO. 23-72 TO MODIFY APPLICABLE DISCOUNTS\nWITHIN AND ADD AN ANNUAL PLAYER FEE TO THE BEACHES, PARKS &\nRECREATION DEPARTMENT FEE SCHEDULE\nPublic Hearing to consider a City-initiated proposal to adopt the Youth\nAquatics Partnership Policy (Policy No. 702-9) and amend the Beaches,\nParks & Recreation Fee Schedule associated with aquatic facility rental\ndiscounts for competitive youth aquatic sports organizations, pursuant to\nChapter 66018(a) of the California Government Code.\nBeaches, Parks and Recreation Commission and Staff Recommendation\n1. Open the public hearing, hear public comment and testimony, and close\nthe public hearing, pursuant to California Government Code section\n66018(a).\n2. Adopt Resolution No. 25-148 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING\nPOLICY AND PROCEDURE NO. 702-9, COMPETITIVE YOUTH AQUATIC\nPARTNERSHIP POLICY AND FEES SET FORTH THEREIN.\n3. Adopt Resolution No. 25-149, entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nRESOLUTION NO. 23-72 TO MODIFY APPLICABLE DISCOUNTS WITHIN\nAND ADD AN ANNUAL PLAYER FEE TO THE BEACHES, PARKS &\nRECREATION DEPARTMENT FEE SCHEDULE.

8D. PUBLIC HEARING - CONSIDERATION OF RESOLUTION NO. 25-150,\nESTABLISHING FEES FOR PLAY UPON THE SAN CLEMENTE MUNICIPAL\nGOLF COURSE, REPEALING AND REPLACING RESOLUTION NO. 23-02\nPublic Hearing to consider the adoption of a resolution adjusting golf\ngreens fees at the San Clemente Municipal Golf Course.\nStaff Recommendation\n1. Open the public hearing, hear public comment and testimony, and close\nthe public hearing, pursuant to California Government Code section\n66018(a).\n2. Adopt Resolution No. 25-150 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nESTABLISHING CERTAIN FEES FOR PLAY UPON THE MUNICIPAL\nGOLF COURSE, REPEALING AND REPLACING RESOLUTION NO. 2302.