910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor James
Mayor Pro Tem Duncan
Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
5:00 p.m.- Business Meeting Part I
6:00 p.m.- Closed Session
7:00 p.m.- Business Meeting Part II
CITY OF SAN CLEMENTE
Tuesday, October 4, 2022 5:00 PM
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.
RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk.
• Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.
Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.
MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:
Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.
City Council Regular Meeting Agenda October 4, 2022
CLOSED SESSION (3:00 P.M.)
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Attorney
B. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Attorney
C. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Manager
D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of potential cases: 1
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code section 54956.8
Number of items:1
Property: 199.24 acres of open space north and south of Camino del Rio, 92673 Assessor's Parcel Numbers: 678-091-07, 678-092-06, 679-242-06 Agency Negotiator: City Manager
Negotiating Parties: City of San Clemente, 88 Pacific, LLC. and/or their authorized agents or representatives
Under Negotiation: Price and terms of payment
BUSINESS MEETING PART 1 (5:00 P.M.)
CALL TO ORDER
INVOCATION – Dusty Davis, Director of Operations, Shoreline Community Church
PLEDGE OF ALLEGIANCE
ROLL CALL
1. Motion waiving reading in full of all Resolutions and Ordinances
2. Consideration of agendizing items requiring immediate action Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.
City Council Regular Meeting Agenda October 4, 2022
3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.
4. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council, Staff, or the public requests removal of an item for separate discussion and action.
A. City Council Minutes
Staff Recommendation
1) APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 20, 2022.
B. Commission/Committee Minutes
Staff Recommendation
Receive and file the following:
1) DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES FROM AUGUST 10, 2022
2) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF APRIL 25, 2022
3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF AUGUST 23, 2022
4) HUMAN AFFAIRS COMMITTEE SPECIAL MEETING MINUTES OF
SEPTEMBER 13, 2022
City Council Regular Meeting Agenda October 4, 2022
C. Warrant Register
1) Approve Wire Transfer Nos.
2718 through 2722 and Warrant Nos.
583590 through 583750, paid on
9-23-22, in the amount of…….……….……..…..…….… $ 1,867,444.30 2) Approve Warrant Nos.
583751 through 583917, paid on
9-30-22, in the amount of…….……….……..…..…….…..… $ 1,319,200.20 TOTAL WARRANT REGISTER………………………..........$ 3,186,644.50 Payroll Register
Warrant Nos. 881 through 884
Automatic Deposit Advises 81064
through 81366, for the period
9-5-22 through 9-18-22, paid
on 9-23-22, in the amount of ........................................................................$529,481.83 TOTAL PAYROLL REGISTER……………………………..............…….$529,481.83 D. RESOLUTION DESIGNATING CITY AUTHORIZED REPRESENTATIVES TO OBTAIN
FEMA AND CAL OES PUBLIC DISASTER ASSISTANCE
Staff Recommendation
Adopt Resolution No. 22-37, entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, DESIGNATING THE CITY
MANAGER, PUBLIC WORKS DIRECTOR/CITY ENGINEER AND/OR UTILITIES DIRECTOR AS THE CITY’S AUTHORIZED REPRESENTATIVE(S) TO OBTAIN FEDERAL AND STATE FINANCIAL ASSISTANCE.
E. CONTRACT AWARD - PLAYGROUND EQUIPMENT REPLACEMENT AT SAN GORGONIO PARK AND RICHARD T. STEED MEMORIAL PARK
Staff and the Beaches, Parks and Recreation Commission Recommendation
1. Approve the conceptual design plans for the playground equipment replacement at San Gorgonio Park (Project No. 11148) and Richard T. Steed Memorial Park (Project No. 12107).
2. Determine that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Article 19, Sections 15302 [Replacement of existing structures where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity] of California CEQA Guidelines and direct staff to file a Notice of Exemption (NOE) with the State Clearinghouse; and Approve the purchase and installation of playground equipment from Kompan Inc. for $766,783 utilizing the
City Council Regular Meeting Agenda October 4, 2022
Omnia Partners National Purchasing Cooperative Contract No. 2017001135.
3. Approve, and authorize the Public Works Director to execute, Contract No. C22-59, by and between the City of San Clemente and Kompan Inc., providing for playground replacements at San Gorgonio Park and Richard T. Steed Memorial Park, in the amount of $766,783.
4. Accept grant revenues of $220,000 to 014-000-33490 (State Grant) from Prop 68.
5. Approve a supplemental appropriation of $220,000 to Account # 014-820-45300- 000-11148.
F. CONTRACT AWARD - BEACH TRUNK SANITARY SEWER LINE REHABILITATION Staff Recommendation
1. Make a finding that an emergency exists due to the potential failure of an existing sewer line and that the situation requires immediate action to prevent of 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 bidding process.
2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-60, by and between the City of San Clemente and Sancon Technology, Inc., providing for the Beach Trunk Sanitary Sewer Line Rehabilitation, CIP Project No. 28206, in the amount of $63,613.
G. NOTICE OF COMPLETION - AVENIDA PICO RECYCLED WATER PIPELINE
RELOCATION
Staff Recommendation
1. Accept the Avendia Pico Recycled Water Pipeline Relocation, Project No. 21402 from the Contractor, Mike Prlich and Sons, Inc.
2. Authorize the Utilities Director to execute and the City Clerk to record the Notice of Completion for the Avenida Pico Recycled Water Pipeline Relocation.
3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation fo the Notice of Completion upon verification with the Utilitites Department that no liens have been levied against Mike Prlich and Sons, Inc.
4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost.
City Council Regular Meeting Agenda October 4, 2022
H. INSTALLATION OF A PLAQUE AT COURTNEY’S SANDCASTLE
PLAYGROUND HONORING NAMESAKE COURTNEY FAYE SMITH
Staff Recommendation
Accept a plaque donation recognizing the life of Courtney Faye Smith; and approve the installation of the plaque and monument at Courtney’s SandCastle Playground.
I. CONTRACT AWARD - RECYCLED WATER QUALITY IMPROVEMENTS
PROJECT
Staff Recommendation
1. Approve a supplemental appropriation in the amount of $495,207 from the Sewer Connection Fee Reserve Fund to Account No. 054-477-45300-000- 13203.
2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-61, by and between the City of San Clemente and Lee+Ro, Inc., providing for the Recycled Water Quality improvements Project, in the amount of $905,207.
5. Reports
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
CLOSED SESSION (6:00 P.M.) CONTINUED FROM 3:00 P.M.
BUSINESS MEETING PART 2 (7:00 P.M.)
6. Closed Session Report - City Attorney
City Council Regular Meeting Agenda October 4, 2022
7. Special Presentations
A. Alzheimer's Association Orange County Chapter - Walk to End Alzheimer's Presentation by Sindy Thomas, Relationship Events Manager, and Michelle Pichardo, Engagement Manager, representing the Alzheimer Association Orange County Chapter, concerning the Walk to End Alzheimer's on Sunday, October 23, 2022, at the Outlets at San Clemente.
B. Fire Prevention Week Proclamation
Presentation of Proclamation to Baryic Hunter, Division Chief, Orange County Fire Authority, declaring October 9-15, 2022 as Fire Prevention Week.
C. HOMELESS UPDATE
The September update will be provided at the October 18, 2022 meeting.
8. Public Hearings
None.
9. Unfinished Business
None.
10. New Business
A. STATUS UPDATE ON SAN CLEMENTE POLICE SERVICES ENFORCEMENT EFFORTS AT MAX BERG PLAZA PARK (Agendized at the August 16, 2022 City Council Meeting by Mayor Pro Tem Duncan, with the support of Mayor James and Councilmember Knoblock)
Staff Recommendation
No action at this time as it pertains to increasing police service resources specific to Max Berg Plaza Park and allow time to gauge the effectiveness of park improvements and crime mitigation efforts.
B. VIEW PROTECTION ORDINANCE REVIEW (Agendized at the September 6, 2022 City Council Meeting by Mayor James, with the support of Councilmember Knoblock and Mayor Pro Tem Duncan.)
Staff Recommendation
Receive and file the Administrative Report dated October 4, 2022, and on file with the City Clerk.
C. PUBLISHING OF CLOSED SESSION ITEMS (Agendized at the September 20, 2022 City Council Meeting by Councilmember Ferguson with the support of Councilmember Knoblock)
City Council Regular Meeting Agenda October 4, 2022
D. SECTION 115 PREFUNDING TRUST (Agendized at the August 16, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson)
Staff Recommendation
Direct staff to pursue option 1 for the solicitation and creation of a Section 115 trust.
E. LETTER OF SUPPORT TO THE CALIFORNIA COASTAL COMMISSION (CCC) FOR THE SOUTH COAST WATER DISTRICT (SCWD) DOHENY
DESALINATION PROJECT. (Directed by Council at the April 19, 2022 City Council Meeting)
Staff Recommendation
Authorize the Mayor to sign a letter of support to the California Coastal Commission for the South Coast Water District Doheny Desalination Project.
11. Reports (continued from Business Meeting Part 1)
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.
13. Adjournment
The next Regular Council Meeting is scheduled to take place on October 18, 2022.
Part 1 of the Regular 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 Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
City Council Regular Meeting Agenda October 4, 2022
Items to be Considered at a Future Meeting
NOVEMBER 1, 2022: TRANSIENT OCCUPANCY TAX REVIEW
NOVEMBER 15, 2022 : REVIEW OF BEST BEST AND KRIEGER CONTRACT NOVEMBER 15, 2022 : CONSIDERATION OF NIGHT SURFING
City Council Regular Meeting Agenda October 4, 2022
CITY COUNCIL MEETING PROCEDURES
PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.
MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.
Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.
USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.
LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.
AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.
COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.
MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. Additional meetings of the City Council may be called as needed.
AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting). Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.
The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.