Minutes — San Clemente City Council, July 19, 2022

CITY OF SAN CLEMENTE
City Council Minutes
Adjourned Regular Meeting - July 19, 2022
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor James on July 19, 2022 at 4:30 p.m. in the San Clemente Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

PRESENT
ABSENT

DUNCAN, FERGUSON,KNOBLOCK, WARD, MAYORJAMES
NONE
STAFF PRESENT Erik Sund, City Manager; Megan Garibaldi, Deputy City Attorney; Joanne Baade, City Clerk; Laura Campagnolo, Legislative Administrator; Megan Jimenez, Deputy City Clerk
* * *
Human Affairs Committee Interviews and Appointments
Lisa Edone, San Clemente, spoke in support of Rosemary Salas to be re-appointed to the Human Affairs Committee.

Council interviewed the following applicants:

1. Dennis Kamp

2. Jill Schachter

3. Aaron Washington
*Rosemary Salas submitted an application but was not present to be interviewed.

Councilmembers cast written ballots to fill three positions on the Human Affairs Committee, which were announced verbally by the City Clerk, as follows:

DUNCAN: Kamp, Salas, Schachter
FERGUSON: Schachter
KNOBLOCK: Salas, Schachter, Washington
WARD: Salas, Schachter, Washington
JAMES: Salas, Schachter, Washington
City Council Minutes - Adjourned Regular City Council Meeting of July 19, 2022 Page 2

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, to appoint Jill Schachter and Rosemary Salas to the Human Affairs Committee for terms to expire on June 30, 2024, and appoint Aaron Washington to the Human Affairs Committee for a term to expire on June 30, 2023.

BUSINESS MEETING PART 1

INVOCATION
Michael Holmes with Shoreline Community Church gave the invocation.

PLEDGE OF ALLEGIANCE
Donna Kalez led the Pledge of Allegiance.

1. WAIVER TO READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY COUNCILMEMBER WARD, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

2. CONSIDERATION OF AGENDIZING ITEMS REQUIRING IMMEDIATE ACTION None.

3. ORAL COMMUNICATIONS
San Clemente Hospital
Donna Vidrine spoke in support of a hospital with emergency services in San Clemente.

City Council Meeting of June 21, 2022
No name given commented on Mayor Pro Tern Duncan being in Sacramento on June 21 , 2022 and participating via teleconference at the offices of Aprea and Micheli for the City Council Meeting.

Amanda (no last name provided) commented on public trust and Mayor Pro Tern Duncan's trip to Sacramento and participation via teleconference at the offices of Aprea and Micheli for the June 21 , 2022 City Council Meeting. --,
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City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 3

4. CONSENT CALENDAR

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to approve the Consent Calendar, with the removal of Items 4G, 4N, 4Q, 4V, 4AA.

A. City Council Minutes

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:
(1) Approve the minutes of the Regular and Special City Council Meeting of June 7, 2022.
(2) Approve the minutes of the Adjourned Regular City Council Meeting of June 15, 2022.
(3) Approve the minutes of the Adjourned Regular City Council Meeting of June 21, 2022.

B. Commission/Committee Minutes

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to receive and file the following:
(1) Planning Commission Regular Meeting minutes of April 6, 2022. (2) Human Affairs Committee Regular Meeting minutes of December 14, 2021.
(3) Human Affairs Committee Special Meeting minutes of March 1, 2022.
(4) Human Affairs Committee Regular Meeting minutes of April 12, 2022.
(5) Golf Course Committee Regular Meeting minutes of February 3, 2022.
(6) Beaches, Parks and Recreation Commission Regular Meeting minutes of February 8, 2022.
(7) Zoning Administrator Regular Meeting minutes of May 19, 2022. (8) Zoning Administrator Special Meeting minutes of May 24, 2022.

Motion continued on following page
City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 4 C.
(9) Planning Commission Regular Meeting minutes of June 8, 2022. (10) Planning Commission Regular Meeting minutes of May 18, 2022. (11) Design Review Subcommittee Meeting minutes of May 25, 2022. (12) Design Review Subcommittee Meeting minutes of June 15, 2022.

Warrant Register

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

Approve Wire Transfer Nos.
2662 through 2663 and Warrant Nos.
581270 through 581374, paid on
6-10-22, in the amount of ...... .............. ... ..... .................... $ 829,041.32 Approve Wire Transfer Nos.
2664 through 2667 and Warrant Nos.
581375 through 581568, paid on
6-17-22, in the amountof ....... .................................... ..... $1,067,982.16 Approve Wire Transfer Nos.
2668 through 2669 and Warrant Nos.
581569 through 581740, paid on
6-24-22, in the amountof ........ .... .................. .................. $1 ,038,912.76 Approve Wire Transfer Nos.
2670 through 2673 and Warrant Nos.
581741 through 581993, paid on
7-1-22, in the amount of. ........... ........ .. ... .. .... ................. $ 4,413,296.83 Approve Wire Transfer Nos.
2674 through 2678 and Warrant Nos.
581994 through 582127, paid on
7-8-22, in the amount of. .. .................... ................ ......... $1,531 ,673.53 Approve Wire Transfer Nos.
2679 through 2684 and Warrant Nos.
582128 through 582306, paid on
7-15-22, in the amount of .. ................ ........................ ... ... $ 4,179,668.12 TOTAL WARRANT REGISTER .................. $ 13,060,574.72 r
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City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 5 D.

Payroll Register

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

Approve Bank Adjustment Replacement
Check 868, Automatic Deposit
Advises 78918 through 79215,
for the period 5-30-22 through
6-12-22, paid on 6-17-22,
in the amount of .............. ... ........ ..... ... ... ..... ........... ......... $ 481,119.81 Approve Warrant Nos. 869 through 872 and
Automatic Deposit Advises 79216
through 79528, for the period
6-13-22 through 6-26-22, paid
on 7-1-22, in the amount of .............................................. $ 471,488.51 Approve Automatic Deposit Advises 79529
through 79834, for the period
6-27-22 through 7-10-22, paid
on 7-15-22, in the amount of ............................................ $ 771,157.62 TOTAL PAYROLL REGISTER .................... $ 1,723,765.94 Bid Rejection - Citywide Catch Basins Rehabilitation

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

1. Reject all bids for the Citywide Catch Basins Rehabilitation, Project No. 21001, pursuant to Section 20166 of the Public Contract Code.

2. Authorize Staff to revise the bid package and re-bid the Citywide Catch Basins Rehabilitation Project.

Final Parcel Map 2021-188 - Artis Memory Care Facility at 2401 Calle Frontera

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

1. Accept on behalf of the City of San Clemente, the water rights within Final Parcel Map 2021-188 as dedicated.

Motion continued on following page
City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 6 F.

2. Accept on behalf of the City of San Clemente, the storm drain easement subject to the improvements being deemed complete as determined by the City Engineer.

3. Accept on behalf of the City of San Clemente, the public access and sidewalk easement as subject to the improvements being deemed complete as determined by the City Engineer.

4. Accept on behalf of the City of San Clemente, the emergency access easements as dedicated.

5. Approve the Final Parcel Map 2021-188 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

6. Authorize the Public Works Director/City Engineer to execute the Final Parcel Map.

7. Authorize the City Clerk to execute and submit the Final Parcel Map to the County of Orange Recorder's Office for recordation.

8. Authorize the Public Works Director/City Engineer to execute a Certificate of Acceptance for the storm drain and pedestrian access sidewalk improvements.

9. Authorize the City Clerk to execute and submit the Certificate of Acceptance to the County of Orange Recorder's Office for recordation.

Contract Award - Emergency Management Services

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-38, by and between the City of San Clemente and Jacob Green and Associates, providing for emergency management services, in the amount of $90,000 for a 1-year agreement from July 1, 2022 through June 30, 2023.

Ordinance No. 1731 (Second Reading) - "Water Conservation Ordinance"

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to adopt Ordinance No. 1731 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE AMENDING CHAPTER 13.12 SECTION 13.12.010-13.12.110 OF THE MUNICIPAL CODE ("WATER CONSERVATION ORDINANCE"). - 1
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City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 7 I.

Ordinance No. 1732 (Second Reading) - Bicycle Repairs in Public

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to adopt Ordinance No. 1732 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, ADDING CHAPTER 10.54 TO TITLE 10
(VEHICLES AND TRAFFIC) OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO THE PROHIBITION ON REPAIRS, SALES, AND

STORAGE OF BICYCLES AND BICYCLE PARTS ON PUBLIC

PROPERTY AND FINDING THE ORDINANCE NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Contract Award - Storm Drain Improvements at 1601 Calle Las Bolas

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

1. Approve the plans and specifications for the Storm Drain Improvements at 1601 Calle Las Bolas, Project No. 10015.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-40, by and between the City of San Clemente and Innovation, Inc., providing for Storm Drain Improvements at 1601 Calle Las Bolas, in the amount of $499,460.

Lease Amendment- Parking Lot Lease at 175 Ave. Cabrillo

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C0?-22, a Parking Lot Lease Agreement, by and between the City of San Clemente and Cynthia Taylor Carrick, William Dowling Taylor and Marjorie Taylor Boughton, to increase the monthly lease rate to $500 per month, an increase of $150 per month.

L. Ratification of Emergency Purchases and Supplemental Funding for Cyprus Shore Pump Station Emergency Operation and Cyprus Shore Storm Drain Emergency Relocation

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

1. Make a finding that an emergency continues to exist due to the potential failure of an existing sewer pump station and storm drain Motion continued on following page
City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 8 M.

0. system and that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur is required to incur delays attributed to the typical engineering design and public competitive bid process.

2. Approve a supplemental appropriation in the amount of $357,225 to Account No. 054-476-45300-000-12209 from the Sewer Fund Depreciation Reserve.

3. Ratify a change order with O'Connell Engineering and Construction, Inc., on a time and materials basis in the amount of $255,000 for the Cyprus Shore Emergency Pump Station Bypass Operation, Project No. 12209.

4. Approve a supplemental appropriation in the amount of $98,412 from the Storm Drain Fund Depreciation to Account No. 059-553-45300- 000-12004.

5. Ratify emergency Contract No. C22-41, approved by the City Manager, by and between the City of San Clemente and AKM Consulting Engineers, providing for design services for Cyprus Shore Storm Drain Emergency Relocation, in the amount not to exceed $98,412.

Update the Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2022-23 Through 2028-29

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to approve the Updated Measure M2 Seven-Year Capital Improvement Program list of projects for Fiscal Years 2022-2023 through 2028-2029.

Contract Amendment- As Needed Building Permit Technical Services

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1038, by and between the City of San Clemente and 4Leaf Inc., Consultants, providing for as-needed permit technician services. This amendment increases the contract amount to $125,000 (an increase of $75,000) and extends the contract to June 30, 2025. l
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City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 9 P. Notice of Completion - Shorecliffs Golf Course Storm Drain Repair

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

1. Accept the Shorecliffs Golf Course Storm Drain Repair, from the contractor, Cheloletty Engineering, CIP Project No. 12609.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for Shorecliffs Golf Course Storm Drain Repair, located north of Avenida Vaquero.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Cheloletty Engineering.

R. Notice of Completion - Jim Johnson Memorial Sports Park Errant Ball Nets

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 5-0, to:

1. Accept the Jim Johnson Memorial Sports Park Errant Ball Nets, from the contractor, Judge Netting, Inc., CIP Project No. 12108.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the Jim Johnson Memorial Sports Park Errant Ball Nets.

S. Contract Award - La Pata Sewer Lift Station Rehabilitation

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 5-0, to:

1. Approve the plans and specifications for the La Pata Sewer Lift Station Rehabilitation, GIP Project No. 20201 .

Motion continued on following page
City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 10 T.

2. Approve a supplemental appropriation in the amount of $31,000 from the Sewer Depreciation Reserve Fund to Account No. 054-476- 43470-000-20201 .

3. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-43, by and between the City of San Clemente and Jennette Company, Inc., providing for the La Pata Sewer Lift Station Rehabilitation, in the amount of $90,745.

Construction Contingency Increase for the Calle Real Waterline Improvements

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to approve a $100,000 increase in construction contingency for the Calle Real Water Line Improvements, GIP Project No. 19516.

Proposed Parking Changes on Avenida Del Mar

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 5-0, to:

1. Create two metered Public Parking spaces on Avenida Del Mar approximately 41 feet north of the northeast curb return at Acebo Lane.

2. Prohibit Parking on Avenida Del Mar, east side, from the northeast curb return at Acebo Lane in a northerly direction for a distance of 41 feet.

3. Prohibit Parking on Avenida Del Mar, east side, from a point 77 feet northeast of the curb return at Acebo Lane, thence northerly 8 feet.

4. Adopt Resolution No. 22-31, entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING MASTER TRAFFIC RESOLUTION NO 1846,
ESTABLISHING 'NO PARKING AREAS' ON AVENIDA DEL MAR.

W. Contract Award - Fiscal Year 2023 Street Improvement Program and Fiscal Year 2023 Arterial Street Pavement Maintenance

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

Motion continued on following page
City Council Minutes - Adjourned Regular City Council Meeting of July 19, 2022 Page 11 X.

1. Approve the plans and specifications for Fiscal Year 2023 Street Improvement Program and Fiscal Year 2023 Arterial Street Pavement Maintenance, Project Nos. 13327 and 13320.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-45, by and between the City of San Clemente and Roy Allan Slurry Seal, Inc., providing for Fiscal Year 2023 Street Improvement Program and Fiscal Year 2023 Arterial Street Pavement Maintenance, in the amount of 2,930,365.

Contract Amendment - Approve Second Option Year Extension for Maintenance Services Contracts

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

1. Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C18-40, by and between the City of San Clemente and Professional Sports Field Maintenance Inc. (PSFM), providing for infields and track maintenance in the amount of $447,880, for the period of July 1, 2022 through June 30, 2023.

2. Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C 18-41 , by and between the City of San Clemente and Animal Pest Management, providing for landscape rodent control, in the amount of $40,950, for the period of July 1, 2022 through June 30, 2023.

3. Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C 18-43, by and between the City of San Clemente and Colts Landscape, Inc., providing for landscape maintenance of City Parks/Properties west of 1-5, in the amount of $551 ,713, for the period of July 1, 2022 through June 30, 2023.

4. Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C18-47, by and between the City of San Clemente and Greentech Landscape, Inc., providing for water facilities landscape maintenance, in the amount of $42,500, for the period of July 1, 2022 through June 30, 2023.

Proposed Tax Liens - 2020-21 Weed Abatement and 2018-21 Storm Drain/Clean Ocean Charges

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to:

Motion continued on following page
City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 12 Z.

1. Adopt Resolution No. 22-32 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

REQUESTING THE ORANGE COUNTY AUDITOR-CONTROLLER

TO ADD UNPAID WEED ABATEMENT ASSESSMENTS TO THE
FY 2022-23 TAX ROLLS.

2. Adopt Resolution No. 22-33 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

REQUESTING THE ORANGE COUNTY AUDITOR-CONTROLLER

TO ADD DELINQUENT STORM DRAIN AND CLEAN OCEAN FEES
TO THE FY 2022-23 TAX ROLLS.

3. Direct City Finance Staff to file the resolutions with the Orange County Auditor-Controller, thereby placing a lien on the affected properties in order to collect revenue owed to the City.

Contract Amendment - Contract Planning Services

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to approve, and authorize the City Manager to execute, Amendment No. 2 to Contract AC-1031 , by and between the City of San Clemente and CSG Consultants, providing for contract planning services. This Amendment increases the contract amount from $130,000 to $190,000 (an increase of $60,000).

BB. Agreement Amendment - Coastal Animal Services Association Joint Powers Agreement

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM
DUNCAN, CARRIED 5-0, to approve, and authorize the Mayor to execute, the amended and restated agreement (Contract No. C19-75) by and between the City of San Clemente and the City of Dana Point for the Coastal Animal Services Joint Powers Agreement.

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION

REORGANIZATION OF AGENDA

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to consider item 4AA - PierPride Picnic Table Donation at End of Pier Concession ahead of other items removed from the Consent Calendar for Discussion. Please reference page 15 of these minutes for a summary of the action.
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City Council Minutes - Adjourned Regular City Council Meeting of July 19, 2022 Page 13 G. Contract Award - Pressure Washing Services in the Downtown Area N.

Larry Culbertson voiced concern with pressure washing and the potential impacts to the murals, as well as the duty of businesses to keep their areas clean between pressure washing.

City Manager Sund will communicate with the Downtown Business Association to encourage each business to maintain their outdoor space between pressure washing with emphasis on the businesses that serve food.

Councilmember Ferguson, with the support of Mayor James and Mayor Pro Tern Duncan, agendized an evaluation of pressure washing on S. El Camino Real. Councilmember Ferguson to provide the specific location to be evaluated.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY
COUNCILMEMBER WARD, CARRIED 5-0, to approve, and authorize the Public Works Director/City Engineer to execute, Contract No.C22-39, by and between the City of San Clemente and Powerclean, providing for pressure washing services in the downtown area, in an amount not to exceed $64,620, for a 1-year agreement from July 1, 2022 through June 30, 2023.

Mural on Public Property - North Beach Concession/Restroom Building
Sally Guon and Richard Ford expressed support for the mural on behalf of Sunrise Rotary.

MOTION BY COUNCILMEMBER WARD, SECOND BY
COUNCILMEMBER KNOBLOCK, CARRIED 5-0, to:

1. Waive the 30-day public notice posting requirement to facilitate an expedited mural installation process.

2. Approve the "Character Counts" mural proposed by the San Clemente Sunrise Rotary and San Clemente High School Interact Club to be installed on the south wall of the North Beach concession and restroom building.

Notice of Completion - Emergency Shoring of the Mariposa Beach Trail Pedestrian Bridge
City Manager Sund and Public Works Director/City Engineer Koger responded to Council inquiries.

City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 14

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR PRO
TEM DUNCAN, CARRIED 5-0, to:

1. Accept the Emergency Shoring of the Mariposa Beach Trail Pedestrian Bridge, from the contractor, Jilk Heavy Construction, Inc., CIP Project No. 11810.

2. Authorize the Public Works Director/City Engineer to execute and record , the Notice of Completion for the Emergency Shoring of the Mariposa Beach Trail Pedestrian Bridge.

V. Contract Award - School Crossing Guard Services

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED 5-0, to:

1. Approve, and authorize the City Manager to execute, Contract No.

C22-44, by and between the City of San Clemente and All City Management Services, Inc., providing for school crossing guard services in an amount not to exceed $263,695 for Fiscal Year 2022- 23 and $271,636 for Fiscal Year 2023-24.

2. Approve a supplemental appropriation of $90, 195 from the General Fund undesignated fund balance to Account No. 001-218-43624- 000-00000.

3. Authorize the Public Works Director/City Engineer to approve annual increases to the proposed contract amount not to exceed the Consumer Price Index adjustment per Exhibit A of Contract No. C22-

44. 4. Authorize the City Manager to execute two 1-year extensions with All City Management Services, Inc. for an amount not to exceed $305,627 plus CPI increases per Fiscal Year based on successful demonstration of contract performance.

Additionally, City Manager Sund is to schedule a meeting with Capistrano Unified School District to discuss cost of School Resource Officers and Crossing Guards and to evaluate alternatives to get children to/from school, which is to include the possibility of using volunteers as crossing guards.

Motion continued on following page.
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City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 15

5. The City is to work with Caltrans to resolve issues in the right-of-way.

AA. PierPride Picnic Table Donation at End of Pier Concession Mikii Rathmann spoke on behalf of PierPride concerning the placement of a memorial bench on the pier in memory of Kenny Nielsen.

Donna Kalez expressed support for the placement of a memorial for Kenny Nielsen.

Don Brown, San Clemente, spoke in support of the memorial bench.

Jen Cuda spoke on behalf of her family and in support of the memorial bench for her father, Kenny Nielsen.

MOTION BY COUNCILMEMBER KNOBLOCK, SECOND BY MAYOR
JAMES, to approve the installation of and accept a donation through C.A.R.E. Program from PierPride Foundation for a picnic table located at the end of the pier concession stand.

SUBSTITUE MOTION BY COUNCILMEMBER WARD to remove PierPride from the plaque placed on the bench and to include additional information about Kenny Nielsen. The substitute motion died for lack of a second.

THE ORIGINAL MOTION ON THE FLOOR WAS VOTED ON AND
CARRIED 4-1 (COUNCILMEMBER WARD VOTING NOE). For ease of reference, the action taken was as follows:

Council approved the installation of and acceptance of a donation through C.A.R.E. Program from PierPride Foundation for a picnic table located at the end of the pier concession stand or provide further direction.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
KNOBLOCK, CARRIED 5-0, to name the alley from Avenida Mariposa to Avenida Marquita as "Fisherman's Alley" in memory of Kenny Nielsen and to place signage in the alley.

REPORTS
Continued to Business Meeting Part 2 (See page 23 of these minutes for action).

City Council Minutes - Adjourned Regular City Council Meeting of July 19, 2022 Page 16

CLOSED SESSION
Deputy City Attorney Garibaldi announced that San Clemente v. Foothill/Eastern Transportation Corridor Agency and County of Orange would not be discussed in Closed Session.

Councilmember Ferguson announced that she will recuse on the conference with Legal Counsel - Existing Litigation: Ferguson v. San Clemente.

MOTION BY COUNCILMEMBER WARD, SECOND BY MAYOR PRO TEM DUNCAN, CARRIED 5-0, to recess to closed session at 6:12 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 2
Case Name: Ferguson v. City of San Clemente, et al.

Case Number: OCSC 30-2021-01221022-CU-WM-CJC
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency and County of Orange
Case Number: OCSC 30-2017-00934703-CU-PT-CXC
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: Capacity in Trampas Canyon Reservoir, Rancho Mission Viejo, California
Agency Negotiator: Erik Sund, David Rebensdorf
Negotiating Parties: City of San Clemente and Santa Margarita Water District Under Negotiation: Price and terms of payment
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 2.2 acre section of and 80 acre parcel on the southwest corner of Avenida La Pata and Vista Hermosa, Assessor's Parcel Number 678-163-01 Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, PMB, LLC, Brandywine Acquisitions Group, LLC, Storageworks, Inc. and/or their authorized agent(s) Under Negotiation: Price and terms of payment re unsolicited offers BUSINESS MEETING PART 2
Council reconvened at 7:01 p.m., with all Councilmembers present. l
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City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 17

6. Closed Session Report - City Attorney.

Deputy City Attorney Garibaldi announced that Council took no reportable action during this evening's Closed Session.

7. Special Presentations.

A. Orange County Fire Authority Ready, Set, Go Program
Orange County Fire Authority Division Chief Capobianco presented a PowerPoint entitled "Get Wildfire Ready". A hard copy of Chief Capobianco's presentation is on file with the City Clerk.

B. Certificates of Recognition for Beaches, Parks and Recreation Staff C.

Mayor James, along with all members of the City Council, presented Certificates of Recognition to Recreation Supervisor Melissa Muraira, for a successful Memorial Day 2022 event, Recreation Coordinator WendyAnn Fernandez, in recognition of her excellence in planning many special events for the City of San Clemente including holiday events and summer concerts; and Ocean Lifeguard Supervisor Nick Scheel for a successful water rescue that resulted in lifesaving.

Permit Streamlining Implementation

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
FERGUSON, CARRIED 5-0, to defer this item to the August 16, 2022 City Council Meeting.

Third Quarter Financial Report

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
FERGUSON, CARRIED 5-0, to defer this item to the August 16, 2022 City Council Meeting.

Update on Homeless Issue (May and June update)

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
FERGUSON, CARRIED 5-0, to defer this item to the August 16, 2022 City Council Meeting.

City Council Minutes - Adjourned Regular City Council Meeting of July 19, 2022 Page 18 F.

Recognition of Pet Project Foundation Volunteer (Denise Zolg) Mayor James, along with all members of the City Council, presented a Certificate of Recognition to Denise Zolg, President of the Pet Project Foundation, for her years of service to the animal shelter including fundraising, coordination, planning and animal care.

Wall of Recognition 2021 Honorees
Mayor James, along with all members of the City Council, presented Certificates of Recognition to the 2021 Wall of Recognition Honorees Louisa "Lisa B" Spinelli and Don Glasgow, recognizing their work in the community.

8. PUBLIC HEARINGS
A. Consideration of Adopting a Resolution and Ordinance Authorizing the City of San Clemente to Implement Community Choice Energy as a Member of the Clean Energy Alliance
Public Hearing to consider adopting Resolution and Ordinance authorizing the implementation of a Community Choice Aggregation Program.

Assistant to the City Manager Savage narrated a Powerpoint presentation entitled "Community Choice Energy" concerning the implementation of Community Choice Energy as a Member of the Clean Energy Alliance. A hard copy of the presentation is on file with the City Clerk.

Mayor James opened the Public Hearing.

Leslie Fitch, San Clemente, expressed support for Community Choice Energy and joining the Clean Energy Alliance.

Donna Vidrine, San Clemente, expressed support for Community Choice Energy and the cost savings to customers.

Rick Loeffler expressed support for joining the Clean Energy Alliance.

Selene Lawrence, San Clemente, spoke in support of joining the Clean Energy Alliance and the benefits to the community.

Christa Martin, San Clemente, spoke in support of joining the Clean Energy Alliance.
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City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 19 Garrett Bean, San Clemente, expressed support for Community Choice Energy.

Lee Van Slyke, San Clemente, spoke in support of Community Choice Energy.

Tony Hays, San Clemente, expressed support for joining the Clean Energy Alliance.

Judy Jones, San Clemente, spoke in support of Community Choice Energy and the benefits to the environment.

Tyler Boden, San Clemente, spoke in support of joining the Clean Energy Alliance and allowing customers to have a choice in provider.

Amanda (no last name provided), spoke in opposition to joining the Clean Energy Alliance at this time.

City Clerk Baade read a comment from Sharon Williams and is on file with the City Clerk.

There being no one else desiring to speak, the Public Hearing was closed.

Barbara Boswell, Chief Executive Officer, Clean Energy Alliance, responded to Council inquiries.

MOTION BY COUNCILMEMBER WARD, SECOND BY
COUNCILMEMBER FERGUSON to table this item.

SUBSTITUTE MOTION BY MAYOR PRO TEM DUNCAN, to:

1. Introduce Ordinance No. 1734 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY
CHOICE AGGREGATION PROGRAM.

2. Adopt Resolution No. 22-30 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE EXECUTION OF THE JOINT EXERCISE OF

POWERS AGREEMENT FOR MEMBERSHIP IN THE CLEAN

ENERGY ALLIANCE, A COMMUNITY JOINT POWERS
AUTHORITY, with Clean Energy Alliance Joint Powers Agreement.

The substitute motion died for lack of a second.

Motion continued on following page.

City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 20

9. 10.

THE ORIGINAL MOTION WAS VOTED ON AND CARRIED 4-1 (MAYOR PRO TEM DUNCAN VOTING NOE). For ease of reference, the action taken was as follows: Council tabled the item.

UNFINISHED BUSINESS
None.

NEW BUSINESS

REORGANIZATION OF AGENDA

MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO TEM DUNCAN,
CARRIED 5-0, to consider item 10F - Lease Negotiations with Family Assistance Ministries ahead of other items in New Business. Please reference page 21 of these minutes for a summary of the action.

MEETING RECESSED
The meeting was recessed at 10:34 p.m.

MEETING RECONVENED
Council reconvened at 10:39 p.m. with all Councilmembers present.

A. Update of Legislative and Transportation Activities

8. Council deferred this item to the August 16, 2022 City Council Meeting.

Consideration of Adding Oral Communications Part 2 to the City Council Meeting Agenda Template (Agendized at the May 25, 2022 Council Meeting by Councilmember Ferguson, with the support of Councilmember Knoblock).

Donna Vidrine, San Clemente, expressed support to add oral communications part 2 to the City Council agenda.

Tony Rubolino, spoke in support of adding Oral Communications Part 2 to the City Council agenda.

Amanda (no last name provided), narrated a PowerPoint presentation on free speech. A hard copy of the presentation is on file with the City Clerk. r
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City Council Minutes - Adjourned Regular City Council Meeting of July 19, 2022 Page 21 C.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
FERGUSON, CARRIED 5-0, to add Oral Communications Part 2 to the Council Meeting agenda template following item #10, update City Council Policy 1201-11 City Council Meeting and Operating Procedures to add reference to Oral Communications Part 2, and add verbiage to Council agendas that speakers can only speak once under either Oral Communications Part 1 or Oral Communications Part 2.

Code Amendment - Urgency Ordinance Enacting Local Campaign Contribution Limits and Policy Regarding Contractor Disclosure of Political Contributions (Agendized at the May 25, 2022 City Council Meeting by Mayor James with the support of Council).

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD
CARRIED 5-0, to defer this item to the August 16, 2022 City Council Meeting.

Code Amendment - Prohibiting Unlawful Possession of Catalytic Converters
Council deferred this item to the August 16, 2022 City Council Meeting.

Consideration of a Future Amphitheater Site and Development of a Related Citizen Committee (Agendized at the April 19, 2022 Council Meeting by Councilmember Ferguson, with the support of Councilmember Knoblock and Mayor James).

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER WARD
CARRIED 5-0, to defer this item to the August 16, 2022 City Council Meeting.

Lease Negotiations with Family Assistance Ministries
Report from the Assistant to the City Manager concerning the lease agreement with Family Assistance Ministries at 1030 Calle Negocio.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
FERGUSON, CARRIED 5-0, to allow a representative of Family Assistance Ministries five minutes in which to address Council and respond to Council inquiries.

Assistant to the City Manager Savage reviewed the contents of the Administrative Report and responded to Council inquiries.

Elizabeth Andrade, Chief Executive Officer, Family Assistance Ministries (FAM), presented on behalf of FAM and responded to Council inquiries.

City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 22 Donna Vidrine, San Clemente, spoke in support of the lease extension and the work FAM is doing in the community.

Mark Enmeier, San Clemente, spoke in support of the lease extension and the support FAM provides to the community.

Karen Williams spoke in support of FAM and the lease extension and the work that it performs in the community.

Avarelle Silver-Westrick, FAM Board member and San Clemente resident, spoke on her involvement with FAM and lease negotiations on behalf of FAM.

Kirk Steele, FAM Board member and San Clemente resident, expressed support for the lease extension.

Jay Pederson, FAM Board member and San Clemente resident, expressed support for FAM and the work it performs in the community.

Frank Wagoner spoke in support of FAM and the work it performs in the community.

Dick Veale, FAM Board member and San Clemente resident, spoke on the beneficial work FAM is doing in the community.

Irene McKeown, FAM Board member and San Clemente resident, spoke in support of FAM.

Tony Rubolino voiced concern with food distribution by FAM; opined the need to cook the food poses a fire threat.

MOTION BY COUNCILMEMBER WARD to:

1. Receive and file the Administrative Report dated July 19, 2022, and on file with the City Clerk.

2. Approve, and authorize the Mayor to execute, Contract No. C12-01 , a Building Lease extension, by and between the City of San Clemente and Family Assistance Ministries for a one year extension with a $10,000 per month rental rate.

The motion died for lack of a second.

Motion continued on following page
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City Council Minutes -Adjourned Regular City Council Meeting of July 19, 2022 Page 23

SUBSTITUTE MOTION BY COUNCILMEMBER KNOBLOCK, SECOND
BY MAYOR PRO TEM DUNCAN, to:

1. Receive and file the Administrative Report dated July 19, 2022, and on file with the City Clerk.

3. Direct staff to communicate with Family Assistance Ministries concerning long-term lease plans.

11. Reports (continued from Business Meeting Part 1 ).

A. Commissions and Committees
None.

B. City Manager
Max Berg Plaza Park Sidewalk Update
City Manager Sund provided Council with an update on the sidewalk repairs at Max Berg Plaza Park; the repairs will be included in the next sidewalk repair scope of work and will be done in the FY 2022-23.

Freeway On/Off Ramps Vegetation
City Manager Sund provided an update on communications with Caltrans regarding areas the City identified requiring clean-up or landscaping and the effort by Caltrans to clean up these sites within the City.

Serra Siding Rail Project
City Manager Sund provided an update to Council from the Orange County Transportation Authority (OCTA) press release regarding the Serra Siding project. OCTA will be delaying the project due to the concerns brought up by the public and environmental impacts to the community.

City Council Minutes - Adjourned Regular City Council Meeting of July 19, 2022 Page 24 Announcement of Contracts Approved and Executed by the City Manager
City Manager Sund reported that the following professional services contracts were executed under his signature authority: 1) Sancon Technologies - 502 Avenida La Costa Sewer Line Rehabilitation and Sewer r Manhole Repair in the amount of $29,873; 2) Bob Hall and Associates - Senior Planner Recruitment in the amount of $18,500.

OCTA Scoping Meeting
Assistant to the City Manager Savage announced that OCTA is hosting an in-person meeting on July 28, 2022 at San Clemente High School and a virtual meeting on August 2, 2022. Additional information will be available on the City website and social media pages.

C. City Attorney
Deputy City Attorney Garibaldi provided an update on two Brown Act bills that are pending in the legislature AB 1944: Local government: open and public meetings (Lee and Christina Garcia) and AB 2449: Open meetings:
local agencies: teleconference (Rubio).

D. Council Members

1. Designation of Voting Delegate and Alternate(s) to Represent San Clemente at the League of California Cities Annual
Business Meeting

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER
WARD, CARRIED 5-0, to appoint Mayor James as the voting delegate and City Manager Sund as the alternate.

Train Horns
Councilmember Ferguson reported that the train signaling devices and the stop at the pier are resulting in trains sounding their horns. City Manager Sund to work with Public Works and provide Council with an update.

Public Records Act Request
Councilmember Ferguson requested additional information on the timeline of her Public Records Request for records related to the June 21 , 2022 City Council Meeting. A hard copy of the letter she presented is on file with the City Clerk.
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1 City Council Minutes - Adjourned Regular City Council Meeting of July 19, 2022 Page 25 Email Redactions
Councilmember Ferguson, with the support of Councilmember Knoblock, agendized a discussion of redactions related to an email dated January 12, 2022. A hard copy of the referenced redacted email is on file with the City Clerk.

MOTION BY MAYOR JAMES, SECOND BY COUNCILMEMBER KNOBLOCK, CARRIED 4-1 (COUNCILMEMBER WARD VOTING NOE), to continue the meeting past 11 :00 p.m.

Desalination Project
In response to Councilmember Knoblock's inquiry, City Manager Sund provided an update on the desalination project and reported that Council will be provided with updates as available.

Resolution Regarding Election Integrity
Councilmember Knoblock, with the support of Mayor James, agendized consideration of a Resolution entitled "A Resolution Calling on The California Legislature to Enhance the Confidence of The Voting Public in Election Outcomes Through Improved Election Processes".

Resolution Declaring San Clemente as a Sanctuary for Life Councilmember Knoblock, with the support of Mayor James, agendized consideration of a Resolution entitled "Declaring the City of San Clemente as a Sanctuary for Life".

Public Safety Committee
Mayor Pro Tern Duncan recognized the work of the Public Safety Committee and Code Compliance on their efforts related to illicit massage parlors.

E-Bike and Other Vehicle Safety
Mayor James, with the support of Mayor Pro Tern Duncan and Councilmember Knoblock, referred the issue of e-bikes to the Public Safety Committee to comprehensively evaluate safety concerns, non-street legal golf carts, scooters, etc, in the right of way and develop a training program and registration program for e-bikes, and report back to Council.

City Council Minutes-Adjourned Regular City Council Meeting of July 19, 2022 E. Council Subcommittee Updates
None.

11. Adjournment.

Page 26 ends

MOTION BY MAYOR JAMES, SECOND BY MAYOR PRO TEM DUNCAN,
CARRIED 5-0, to adjourn at 11 :16 p.m. The next Regular Meeting will be held on August 16, 2022. Part 1 of the Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the Community Center Auditorium, located at 100 N. Calle Seville, San Clemente.

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CITY CLERK of the City of
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San Clemente City CouncilJuly 19, 2022

San Clemente City Council
July 19, 2022