San Clemente City Council
March 7, 2023

Agenda
3-7-23.PDF
Meeting Materials
6A(1) - SPECIAL CITY COUNCIL MEETING MINUTES 2.16.23.PDF 6A(2) - CITY COUNCIL REGULAR MEETING MINUTES 2.21.23.PDF 6A(3) - CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES

2.28.23.PDF
6B(1) - HUMAN AFFAIRS COMMITTEE ADJOURNED REGULAR MEETING MINUTES 2.8.23.PDF
6B(2) - PLANNING COMMISSION REGULAR MEETING MINUTES 2.22.23.PDF 6B(3) - PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES

1.24.23.PDF
6C(1) - CERTIFICATION OF WARRANTS 2.17.23.PDF
6C(2) - CERTIFICATION OF WARRANTS 2.24.23.PDF
6D - CALLE DEL CERRO BIKE LANE AND STOP SIGN IMPROVEMENTS.PDF 6E - FEE WAIVER REQUEST - HAWAIIAN SURF CLUB OF SAN ONOFRE 2023 POLYNESIAN FESTIVAL.PDF
6F - CONTRACT AMENDMENT - LEGISLATIVE ADVOCACY SERVICES.PDF 6G - GOLF COURSE MAINTENANCE SUPPLEMENTAL BUDGET
APPROPRIATION.PDF
9A - IMPLEMENTATION OF EMERGENCY ACTIONS TO ASSIST
UNSHELTERED INDIVIDUALS DURING TIMES OF INCLEMENT WEATHER.PDF 9B - INITIATION OF PEDESTRIAN STREET ENCROACHMENT ORDINANCE.PDF 9C - CODE ENFORCEMENT LEGAL SERVICES.PDF
9D - CODE CLEANUP ORDINACE REGARDING CITY MANAGER AUTHORITY TO DISPOSE OF CLAIMS AGAINST THE CITY.PDF
11A(1) RESIGNATION OF RYAN BOURQUE FROM THE INVESTMENT
ADVISORY COMMITTEE.PDF

1. Documents:

2. Documents:

CITY OF SAN CLEMENTE
Tuesday, March 7, 2023
City Council
Regular Meeting Agenda
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
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 March 7, 2023

CLOSED SESSION (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al.

Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC B. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957(b)(1)
Title: City Attorney
C. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agency Designated Representatives: Mayor Duncan
Unrepresented Employee: City Attorney and City Attorney candidates BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Dr. Habib Hosseiny, Public Information Officer for the Baha'is of San Clemente.

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Presentation of Commendation - Cabrillo Playhouse 70th Anniversary Presentation of Commendation to Lee Tilles, Cabrillo Playhouse Board President and Sandra Weaver, Box Office Manager, in recognition of the 70th anniversary of the Cabrillo Playhouse.

B. Recognition of San Clemente Girls All Star Soccer Team Presentation of Commendations to San Clemente All Star U10 Soccer players:

Gianna Alva, Marlowe Conlan, Sadie Henry, Soleil Jerome, Evelyn Koch, Charlotte Lee, Emilie Mulcahy, Kaylani Rodriguez and Sienna Roland for their bid to the Western States Championship on March 12, 2023.

City Council Regular Meeting Agenda March 7, 2023

2. 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. 10. 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.

3. Motion waiving reading in full of all Resolutions and Ordinances

4. 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.

5. Closed Session Report - City Attorney

6. 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 CITY COUNCIL SPECIAL MEETING MINUTES OF FEBRUARY 16, 2023.
(2) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 21, 2023.
(3) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING
MINUTES OF FEBRUARY 28, 2023.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) HUMAN AFFAIRS COMMITTEE ADJOURNED MEETING MINUTES OF FEBRUARY 8, 2023.
(2) PLANNING COMMISSION REGULAR MEETING MINUTES OF
FEBRUARY 22, 2023.

City Council Regular Meeting Agenda March 7, 2023

(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
JANUARY 24, 2023.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2802 THROUGH 2804 AND WARRANT NOS.
586401 THROUGH 586551, PAID ON
2-17-23, IN THE AMOUNT OF $2,240,737.20
(2) APPROVE WIRE TRANSFER NOS.
2805 THROUGH 2809 AND WARRANT NOS.
586552 THROUGH 586713, PAID ON
2-24-23, IN THE AMOUNT OF $2,145,866.58
TOTAL WARRANT REGISTER $4,386,603.78
Payroll Register
WARRANT NOS. 897 THROUGH 898, AND
AUTOMATIC DEPOSIT ADVISES 84047
THROUGH 84320, FOR THE PERIOD
2-6-23 THROUGH 2-19-23, PAID
ON 2-24-23, IN THE AMOUNT OF $428,392.00
TOTAL PAYROLL REGISTER $428,392.00
D. CALLE DEL CERRO BIKE LANE AND STOP SIGN IMPROVEMENTS Staff Recommendation

1. Approve the project plans for restriping Calle Del Cerro for bicycle lane facilities.

2. Adopt Resolution No. 23-05 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING MASTER TRAFFIC RESOLUTION NO 1846, ESTABLISHING “THROUGH STREETS AND STOP INTERSECTIONS” ON CALLE DEL CERRO AT
AVENIDA VISTA MONTANA (EAST).

3. Direct staff to contact the San Clemente Business Park Master Association to communicate residents’ concerns about speeding traffic on Calle Del Cerro and request them to notify their employees to observe the speed limit on Calle Del Cerro in the residential areas.

4. Direct staff to contact the Master Home Owners Association and review the tract landscaping plans regarding the intersection of Avenida Vista Montana (east) with the intention for solutions for vehicular interactions at the City Council Regular Meeting Agenda March 7, 2023

intersection of Avenida Vista Montana (east) and Calle Del Cerro.

5. Direct staff to contact the Orange County Sheriff's Department for additional spot enforcement at the intersection of Avenida Vista Montana (east) and Calle Del Cerro for observing the stop signs after installing the stop signs and at the bottom of the hill toward Avenida Pico for speed enforcement.

E. FEE WAIVER REQUEST - HAWAIIAN SURF CLUB OF SAN ONOFRE 2023

POLYNESIAN FESTIVAL
Staff and the Beaches, Parks and Recreation Commission Recommendation Approve a one-time fee waiver of all facility rental fees for the 2023 Polynesian Festival and Luau hosted by the Hawaiian Surf Club of San Onofre, at the San Clemente Community Center, in an amount not to exceed $1,245.

F. CONTRACT AMENDMENT - LEGISLATIVE ADVOCACY SERVICES
Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract C21-09, by and between the City of San Clemente and Aprea and Micheli, providing for Legislative Advocacy Services. This amendment extends the contract term date to March 31, 2024, and increases the not to exceed contract amount from $360,000 to $480,000 (an increase of $120,000), plus approved expenses.

G. GOLF COURSE TREE MAINTENANCE SUPPLEMENTAL BUDGET

APPROPRIATION
Staff and the Golf Course Committee Recommendation
Approve a supplemental appropriation of $66,000 to the Golf Course Maintenance of Trees Account No. 056-661-43426, for cleanup and repairs of the course related to the January 2023 storm and for the purchase and installation of replacement trees on the golf course at hole # 2, 3, 5 & 8.

7. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.

None.

8. Unfinished Business
None.

City Council Regular Meeting Agenda March 7, 2023

9. New Business
A. IMPLEMENTATION OF EMERGENCY ACTIONS TO ASSIST UNSHELTERED

INDIVIDUALS DURING TIMES OF INCLEMENT WEATHER
(Agendized at the February 28, 2023 Adjourned Regular Meeting by Mayor Duncan, with support from Mayor Pro Tem Knoblock and Councilember Enmeier.)
Staff Recommendation
Direct the City Manager to work with staff to form an outreach team to implement emergency actions for unsheltered persons during inclement weather using the definitions and options included in the Administrative Report, dated March 7, 2023, and on file with the City Clerk.

B. INITIATION OF PEDESTRIAN STREET ENCROACHMENT ORDINANCE Staff and the Public Safety Committee Recommendation
Initiate an amendment to the San Clemente Municipal Code to regulate dangerous pedestrian encroachments on public streets.

C. CODE ENFORCEMENT LEGAL SERVICES
Staff Recommendation

1. Direct staff to terminate contract C19-80 by and between the City of San Clemente and Silver & Wright LLP, providing for code enforcement legal services.

2. Direct staff to terminate contract C19-81 by and between the City of San Clemente and Silver & Wright LLP, providing for municipal citation legal services.

3. Approve, and authorize the City Manager to execute, Contract No. C23-10, by and between the City of San Clemente and Civica Law Group, APC, providing for code enforcement legal services for a prorated, not-to-exceed amount of $62,00 for FY 2022-23, and renew annually each fiscal year for a not-to-exceed amount of $186,000, subject to approval through the annual budget adoption.

4. Approve, and authorize the City Manager to execute, Contract No. C23-11, by and between the City of San Clemente and Civica Law Group, APC, providing for municipal citation legal services for a prorated, not-to-exceed amount of $33,200 for FY 2022-23, and renew annually each fiscal year for a not-to-exceed amount of $99,600, subject to approval through the annual budget adoption.

City Council Regular Meeting Agenda March 7, 2023

D. CODE AMENDMENT - CITY MANAGER AUTHORITY TO DISPOSE OF

CLAIMS AGAINST THE CITY
Staff Recommendation
Introduce Ordinance No. 1749 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 2.08.090 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE CITY MANAGER’S AUTHORITY TO DISPOSE OF CLAIMS AGAINST THE CITY.

10. 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.

11. Reports
A. Commissions and Committees
(1) RESIGNATION OF RYAN BOURQUE FROM THE INVESTMENT

ADVISORY COMMITTEE
Staff Recommendation

1. Accept the resignation of Ryan Bourque from the Investment Advisory Committee, with regret.

2. Provide direction to staff on whether to solicit applications to fill the remainder of Mr. Bourque’s term (June 2024) or to leave the position vacant, and advertise for the position when the City seeks applications for all of its Commissions and Committees in April.

B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
City Council Regular Meeting Agenda March 7, 2023

12. Adjournment
The next Regular Council Meeting is scheduled to take place on March 21, 2023.

Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

Items to be Considered at a Future Meeting
March 21, 2023: Continuation of Conley Public Hearing on Appeal of Administrative Encroachment Permit E22-0112.

City Council Regular Meeting Agenda March 7, 2023

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. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 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, 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.

CITY OF SAN CLEMENTE
City Council Minutes
Special City Council Meeting – February 16, 2023
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.

A Special Meeting of the San Clemente City Council was called to order by Mayor Duncan on February 16, 2023 at 2:30 p.m. in the City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT CABRAL, ENMEIER, JAMES, KNOBLOCK, MAYOR DUNCAN

ABSENT NONE
STAFF PRESENT Sean Joyce, Interim City Manager; Laura Campagnolo, City Clerk * * *

PLEDGE OF ALLEGIANCE
Brad Malamud led the Pledge of Allegiance.

1. ORAL COMMUNICATIONS
None.

2. CLOSED SESSION
Closed Session Item A.

Brad Malamud, voiced concern that he did not receive City Attorney proposals in advance of Closed Session; urged Council to select contractors that will serve under most favored nations provision; suggested Council allow for minutes to be taken in Closed Session.
1 Agenda Item: 6A(1)
City Council Minutes - Special City Council Meeting of February 16, 2023 Page 2 Closed Session Item B.

Brad Malamud, opined that the use of Government Code Section 54957.6 in Closed Session Item B is incorrect; suggested that Council is holding serial meetings which violate the Brown Act.

MOTION BY COUNCILMEMBER JAMES, SECOND BY MAYOR PRO TEM
KNOBLOCK, CARRIED 5-0, to remove Closed Session Item B from the agenda.

B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code section 54957.6
Agency Designated Representatives: Mayor Duncan
Unrepresented Employee: City Attorney

MOTION BY COUNCILMEMBER JAMES, SECOND BY COUNCILMEMBER
CABRAL, CARRIED 5-0 to recess to Closed Session at 2:39 p.m., to discuss the following:

A. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957(b)(1)
Title: City Attorney

3. CLOSED SESSION REPORT – CITY ATTORNEY
No reportable action was taken during Closed Session.

4. ADJOURNMENT
By unanimous vote, Council adjourned at 5:50 p.m. The next Regular Council Meeting is scheduled to take place on February 21, 2023. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

CITY CLERK of the City of
San Clemente, California
MAYOR of the City of
San Clemente, California
2 CITY OF SAN CLEMENTE
Tuesday, February 21, 2023 5:00 PM
City Council
Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
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.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on February 21, 2023 at 5:01 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. This meeting was opened in memory of Gene Stivers.

PRESENT: Cabral, Enmeier, James, Knoblock and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Scott Smith, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
AQ narrated a Powerpoint presentation entitled "Concerns", related to the West Pico Corridor Specific Plan. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to recess to Closed Session at 5:06 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: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al.

Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

1 Agenda Item: 6A(2)
City Council Regular Meeting Minutes February 21, 2023
Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of Cases: 1
D. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Attorney
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

BUSINESS MEETING
The meeting reconvened at 6:01 p.m. with all Councilmembers present.

INVOCATION
Lead Pastor Mark Ambrose, Pacific Coast Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Don Brown led the Pledge of Allegiance.

1. Special Presentations
A. January Update on the Homeless Issue
Deputy Community Development Director Atamian narrated a Powerpoint presentation entitled "Community Outreach & Engagement Monthly Report - January 2023" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Recreation Vehicle Parking Enforcement
Councilmember James, with the support of Councilmember Cabral and Mayor Duncan, directed staff to review ordinances related to Recreational Vehicles from other municipalities and refer to the Public Safety Committee to study and make a recommendation to City Council.

B. PierPride - Bird Netting Donation
Amber Gregg, PierPride, narrated a Powerpoint presentation concerning achievements, upcoming events and future goals of PierPride; the PierPride Board of Directors presented the City with a donation for bird deterrent netting for under the pier.

Susan Ambrose recognized PierPride for their success and efforts on maintaining the pier; commended staff on the Nature Based Coastal Resiliency

2 City Council Regular Meeting Minutes February 21, 2023 Plan presented at the Beaches, Parks and Recreation Committee meeting on February 14, 2023.

2. Oral Communications (Part 1)
Paul Simonds, Kurt Pringle and Associates, encouraged Council to pursue a grant application to be submitted by March 1, 2023 for the Clean Mobility Options grant; requested item be agendized at tonight's meeting.

Aaron Washington opined that homeless individuals who refuse assistance can be cited for other violations; requested homeless updates be placed on the City's website.

3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

4. Consideration of agendizing items requiring immediate action Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 4-1 (Councilmember James voting Noe), to consider the submittal of a Clean Mobility Options grant application. This was agendized based on the need to take immediate action and the fact that the need for action arose subsequent to the agenda being posted, and action needed to be taken prior to the next Regular Council Meeting
AYE: Cabral, Enmeier, Knoblock and Mayor Duncan
NOE: James
Clean Mobility Grant Application
Acting Public Works Director/City Engineer Ponsen responded to Council inquiries.

Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to direct staff to submit a Clean Mobility Options grant application by March 1, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

5. Closed Session Report - City Attorney
Council took no reportable action during this evening's Closed Session. City Attorney Smith announced that he recused himself from Closed Session Item D due to a financial interest.

3 City Council Regular Meeting Minutes February 21, 2023

6. Consent Calendar
The following items were removed from the Consent Calendar for discussion:
6D, 6E and 6K.

A. City Council Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 7, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to receive and file:
(1) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF JANUARY 24, 2023.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF FEBRUARY 9, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. Warrant Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2791 THROUGH 2795 AND WARRANT NOS.
586127 THROUGH 586286, PAID ON
2-3-23, IN THE AMOUNT OF $1,939,361.95
(2) APPROVE WIRE TRANSFER NOS.
2796 THROUGH 2801 AND WARRANT NOS.
586287 THROUGH 586400, PAID ON
2-10-23, IN THE AMOUNT OF $3,268,767.36
TOTAL WARRANT REGISTER $5,208,129.31
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

4 City Council Regular Meeting Minutes February 21, 2023 Payroll Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:

WARRANT NOS. 895 THROUGH 896,
AUTOMATIC DEPOSIT ADVISES 83786
THROUGH 84046, FOR THE PERIOD
1-23-23 THROUGH 2-5-23, PAID
ON 2-10-23, IN THE AMOUNT OF

TOTAL PAYROLL REGISTER
$429,059.72
$429,059.72
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
F. NOTICE OF COMPLETION - WATER RECLAMATION PLANT (WRP)/SLUICE

GATE REPLACEMENT
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Accept the WRP/Sluice Gate Replacement, from the contractor, Innovative Construction Solutions, CIP Project 26212.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the WRP/Sluice Gate Replacement.

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, Innovative Construction Solutions.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. APPROVAL OF AN ADDITIONAL SERVICES AGREEMENT - AUTOMATIC

LICENSE PLATE READERS AND SERVICES
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to approve, and authorize the City Manager to execute, an Additional Services Agreement (Contract No. C22-37), by and between the City of San Clemente and Flock Group, Inc., providing automatic license plate readers and services, in the amount of $219,700.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

5 City Council Regular Meeting Minutes February 21, 2023 H. CONTRACT AWARD - WATER & WATER RECLAMATION ELECTRICAL

INFRASTRUCTURE ARC FLASH STUDY
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to approve, and authorize the Utilities Director to execute, Contract No. C23-09, by and between the City of San Clemente and Electrical Safety Specialists, LLC., providing for a Water & Water Reclamation Infrastructure Arc Flash Study, in an amount not to exceed $54,802.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
I. NOTICE OF COMPLETION - CITYWIDE CATCH BASINS REHABILITATION Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Accept the Citywide Catch Basins Rehabilitation, from the contractor, Cheloletty Engineering, CIP Project No. 21001.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the Citywide Catch Basins Rehabilitation.

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.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
J. PURCHASE OF POLICE SERVICES FLEET VEHICLE TO REPLACE FLEET VEHICLE NUMBERS 2010 & 2072
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Approve the purchase of a 2024 Chevrolet Express van from Winner Chevrolet from the Fleet Replacement Reserve for replacement of Fleet vehicle numbers 2010 & 2072.

2. Authorize a supplemental appropriation in the amount of $12,605 to the Fleet Automotive Equipment Account No. 065-824-45600 from the Fleet Replacement Fund balance.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

6 City Council Regular Meeting Minutes February 21, 2023

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
D. CONTRACT AMENDMENT - SENIOR MOBILITY PROGRAM
Acting Public Works Director/City Engineer Ponsen reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to approve, and authorize the Mayor to execute, Amendment No. 1 to Contract No.C18-37, by and between the City of San Clemente and California Yellow Cab. This amendment extends the term of the contract for two years, to expire August 21, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
E. CONTRACT AMENDMENT AND SUPPLEMENTAL BUDGET

APPROPRIATION FOR TREE MAINTENANCE
Maintenance Operations Supervisor Fields reviewed the contents of the Administrative Report and along with Acting Public Works Director/City Engineer Ponsen responded to Council inquiries.

Motion by Councilmember James, second by Councilmember Cabral, FAILED 2-3 (Councilmember Enmeier, Mayor Pro Tem Knoblock and Mayor Duncan voting Noe), to defer this item to the March 7, 2023, City Council Meeting with a more comprehensive administrative report.

AYE: Cabral and James
NOE: Enmeier, Knoblock and Mayor Duncan
Motion by Councilmember Enmeier, second by Mayor Duncan, CARRIED 3-2 (Councilmember Cabral and Councilmember James voting Noe), to:

1. Approve a supplemental budget appropriation in the amount of $50,000 to the Maintenance of Trees Account No. 001-633-43426.

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C21-10, by and between the City of San Clemente and West Coast Arborists, Inc. This amendment increases the contract amount from $1,305,000 to $1,355,000 (an increase of $50,000).

AYE: Cabral and James
NOE: Enmeier, Knoblock and Mayor Duncan

7 City Council Regular Meeting Minutes February 21, 2023 K. CONTRACT AMENDMENT - MAINTENANCE SERVICES AGREEMENT WITH

ED STEWART AND ASSOCIATES FOR INSPECTION AND CLEANUP OF

ABANDONED PROPERTY AND REFUSE
Maintenance Operations Supervisor Fields reviewed the contents of the Administrative Report and along with Acting Public Works Director/City Engineer Ponsen responded to Council inquiries.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 5-0, to approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1126, by and between the City of San Clemente and Ed Stewart and Associates, Inc.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

7. Public Hearings
None.

8. Unfinished Business
None.

9. New Business
None.

10. Oral Communications (Part 2)
Tawni Burns requested Council ban 5-axle trucks on Avenida Vista Hermosa.

Evaluation of 5-Axel Trucks on Avenida Vista Hermosa
Councilmember James, with the support of Councilmember Knoblock and Councilmember Enmeier directed staff to:

1. Evaluate the feasibility of banning 5-axel trucks (semi-trucks) on Avenida Vista Hermosa.

2. Evaluate bicycle safety on Avenida Vista Hermosa.

3. Police Services is to evaluate the feasibility of potential enforcement on a ban of 5-axel trucks on Avenida Vista Hermosa.

8 City Council Regular Meeting Minutes February 21, 2023

11. Reports
A. Commissions and Committees
None.

B. City Manager
Announcement of Contracts Approved and Executed by the City Manager City Manager Hall reported that the following professional services contract was executed by his predecessor (Interim City Manager Joyce): 1) NCE, for the Pavement Management System Update in the amount of $46,600.

C. City Attorney
None.

D. Council Members
Flower Baskets on Avenida Del Mar
Councilmember James requested that the City maintain the flower baskets on Avenida Del Mar and/or work with the Downtown Business Association to maintain the flowers.

Las Palmas Elementary
Councilmember Enmeier reported that Las Palmas Elementary is experiencing increased vandalism and noted steps Capistrano Unified School District is taking to try to reduce the number of incidents.

Councilmember James expressed concerns with Las Palmas Elementary School traffic.

Pier Restroom Fire
Councilmember James requested a report to Council (if possible - not to interfere with the investigation) concerning the fire at the pier restroom.

Street/Traffic Concerns
Councilmember Cabral expressed concerns with traffic management during the Avenida Pico closure on February 15, 2023, due to a vehicle accident.

Councilmember Cabral reported vehicles doing donuts/burnouts at the end of Avenida Pico and requested mitigation measures be taken.

9 City Council Regular Meeting Minutes February 21, 2023 San Clemente High School Boys Varsity Soccer
Mayor Duncan recognized the San Clemente High School Boys Varsity soccer team in the Division 2 CIF South finals.

FEMA Forum on Critical Incidents
Mayor Pro Tem Knoblock reported that he attended a FEMA forum on mass shooting/critical incidents on February 16, 2023.

Leadership San Clemente
Mayor Duncan announced that Leadership San Clemente is beginning April 20 - May 25, 2023. Applications will be accepted beginning on Thursday, February 23, 2023.

Council Travel/Conference Budget
Mayor Pro Tem Knoblock with the support of Mayor Duncan and Councilmember Enmeier agendized consideration of reallocation of funds for City Council travel/conference budget.

Mayor's Prayer Breakfast
Councilmember Enmeier reported that the Mayor’s Prayer Breakfast is on March 14, 2023, at 7:00 a.m.

Update to Policy 1201-11 (City Council Meeting and Operating Procedure) Mayor Duncan with the support of Councilmember James and Mayor Pro Tem Knoblock, agendized a review of meeting and operating procedures.

E. Council Subcommittee Updates
Transportation Subcommittee
Councilmember James and Mayor Duncan reported that they met with the Orange County Transportation Authority concerning the I-5 HOV project.

Sand and Beach Nourishment Subcommittee
Councilmember Cabral and Councilmember Enmeier reported that they have met with several stakeholders and have an upcoming community meeting concerning sand and beach nourishment.

Councilmember Enmeier expressed concern with the Orange County Transportation Authority's use of rip rap to stabilize the train tracks and the impact on sand retention.

10 City Council Regular Meeting Minutes February 21, 2023 Homeless Subcommittee
Councilmember Enmeier and Councilmember Cabral reported they have met with shelter/housing providers concerning upcoming housing projects; announced that they are going to hold a roundtable meeting with the community and stakeholders.

12. Adjournment
Motion by Councilmember James, second by Mayor Duncan, CARRIED 5-0, to adjourn at 7:43 p.m. to an Adjourned Regular Meeting to be held on February 28, 2023 at 4:00 p.m. for the purpose of conducting the Long Term Financial Plan Workshop. The next Regular Meeting will be held on March 7, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m.

The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. This meeting was adjourned in memory of Henry Hank Snider.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

11 CITY OF SAN CLEMENTE
Tuesday, February 28, 2023 4:00 PM
City Council
Adjourned Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
4:00 p.m. - Long Term Financial Plan Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
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 Duncan on February 28, 2023 at 4:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, James, Knoblock and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Scott Smith, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

PLEDGE OF ALLEGIANCE
Jake Rahn led the Pledge of Allegiance.

1. Oral Communications
Donna Vidrine voiced concern with homeless individuals in the cold weather; urged Council to open a temporary emergency weather homeless shelter.

Brad Malamud urged Council to allow the public to be able to review financial reports 14 days in advance of the meeting date; expressed concerns regarding a budget deficit; opined on action Council should take concerning the budget.

Temporary Weather Activated Emergency Homeless Shelter
Mayor Duncan, with the support of Councilmember Enmeier and Mayor Pro Tem Knoblock, directed staff to present options at the March 7, 2023 City Council meeting concerning inclement weather shelter options for San Clemente's homeless. Staff is also to research available resources from non-profit and faith based organizations.

1 Agenda Item: 6A(3)
City Council Adjourned Regular Meeting Minutes February 28, 2023

2. FY 2022-23 2ND QUARTER FINANCIAL UPDATE
None.

3. FY 2022-23 MID-YEAR BUDGET ADJUSTMENTS
Financial Services Officer Rahn narrated a PowerPoint presentation entitled "Mid-Year Financial Report FY 2022-23 as of December 31, 2022" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

1. Receive and file the FY 2022-23 2nd Quarter Report (Attachment “A”).

2. Approve and authorize the mid-year budget adjustments listed in “Attachment B”.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

4. LONG TERM FINANCIAL PLAN PRESENTATION
Brad Malamud voiced concern that legal fees are not referenced in the Long Term Financial Plan; opined that the City has a fiduciary responsibility not to select the most expensive law firm.

Financial Services Officer Rahn narrated a PowerPoint presentation entitled "San Clemente 2023 Long Term Financial Plan" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Information Technology Manager Brower narrated a PowerPoint presentation entitled "Information Technology Strategic Plan Update" and responded to Council inquires. A hard copy of the presentation is on file with the City Clerk.

Councilmember Cabral, with the full support of Council, requested that staff identify ways to improve public access on the city website, including revamping the website to include improved public interface.

Councilmember James, with the support of Councilmember Cabral and Councilmember Enmeier, requested that staff evaluate the feasibility of leasing information technology equipment.

Financial Services Officer Rahn narrated a PowerPoint presentation entitled "Pension Update" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

2 City Council Adjourned Regular Meeting Minutes February 28, 2023 TRENDS
None.

FORECAST
None.

RESERVE
Motion by Councilmember Enmeier, second by Councilmember James, CARRIED 5-0, to:

1. Transfer an amount of $400,000 from the General Fund to the Facilities Maintenance Reserve in FY 2023-24.

2. Transfer an amount of $300,000 from the General Fund to the Park Asset Reserve in FY 2023-24.

3. Transfer a one-time amount of $2,000,000 from the Water Operating Reserve in FY 2023-24 to the Water Depreciation Reserve to fund future capital replacement in the Water Depreciation Reserve.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

FISCAL POLICY
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 3-2 (Councilmember Enmeier and Mayor Duncan voting Noe), to:

Remove the following revenue policy:
“General fund revenue categories (sales tax revenue by example) may not be committed directly to fund a specific expenditure line item or program.” Add the following revenue policy:
“Allocate one-third of total Transient Occupancy Tax dollars toward the unfunded pension liability.”
AYE: Cabral, James and Knoblock
NOE: Enmeier and Mayor Duncan

3 City Council Adjourned Regular Meeting Minutes February 28, 2023

IT STRATEGIC PLAN UPDATE
Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to accept the Information Technology Strategic Plan Update and direct staff to bring the recommended Fiscal Year 2023-24 projects and initiatives forward through the budget process.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

FLEET - LEASE/PURCHASE
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 3-2 (Councilmember Enmeier and Mayor Duncan voting Noe) to review fleet lease/purchase on an annual basis.

AYE: Cabral, James and Knoblock
NOE: Enmeier and Mayor Duncan
Motion by Councilmember Enmeier, second by Mayor Duncan, CARRIED 5-0, to accept no changes to the policy/practice of purchasing vehicles for FY 2022-23.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

PENSION UPDATE
CalPERS
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to modify the $1,000,000 Section 115 trust funding and utilize the $1,000,000 to make a one-time Public Safety Pension Plan payment.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
CSCERP
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to:

1. Continue with the Coastal Animal Services Authority (CASA) evaluation related to CalPERS pension administration.

2. Update the City of San Clemente Pension Investment Policy (Policy No. 202-2) and prepare a City Council Agenda Report when Chandler Asset Management cost information is received.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

4 City Council Adjourned Regular Meeting Minutes February 28, 2023 Reduction of General Fund Reserve Balance
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 3-2 (Councilmember Enmeier and Mayor Duncan voting Noe), to reduce the General Fund reserve balance from 20% to 18% and utilize the 2% difference to pay down the unfunded pension liability. The policy change will be reflected in the FY 2023-24 budget adoption.

AYE: Cabral, James and Knoblock
NOE: Enmeier and Mayor Duncan
General Liability Self-Insured Retention
Financial Services Officer Rahn provided Council with an update on the evaluation of the City becoming self-insured.

Annexation of Utilities
Utilities Director Rebensdorf provided an update to Council concerning the possible annexation of the water and sewer utilities.

Additional Unfunded Liability Options
Council directed the City Manager to explore additional funding options including a section 115 trust to fund the unfunded pension liability.

5. Adjournment
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adjourn at 5:52 p.m. The next Regular Meeting will be held on March 7, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

5 City Council Adjourned Regular Meeting Minutes February 28, 2023 _______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

6 CITY OF SAN CLEMENTE

MINUTES OF THE ADJOURNED MEETING OF THE

HUMAN AFFAIRS COMMITTEE
FEBRUARY 8, 2023

1. CALL TO ORDER/ROLL CALL
Vice Chair Washington called the Adjourned Meeting of the City of San Clemente Human Affairs Committee to order on February 8, 2023, at 3:00 p.m. The meeting was held at San Clemente City Hall, First Floor Community Room located at 910 Calle Negocio, San Clemente, California.

Committee
Members Present: Vice Chair Aaron Washington, Stuart Anderson, Michelle Brooks, Rosemary Salas, and Jill Schachter

Absent: Chair Lisa Edone and Angeline Johnson
Guests: Community Outreach Worker, Karlie Hunter
Resident, Rick Loeffler
Staff Present: Cecilia Gallardo-Daly, Community Development Director Janet Batchelor, Management Analyst

2. PLEDGE OF ALLEGIENCE
The Pledge was led by Vice Chair Washington.

3. APPROVAL OF MINUTES
A. Approve minutes from the January 24, 2023 Meeting of the Human Affairs Committee.

MOTION BY COMMITTEE MEMBER SALAS, SECONDED BY COMMITTEE MEMBER SCHACHTER AND CARRIED 5-0, CHAIR EDONE AND COMMITTEE MEMBER JOHNSON ABSENT, to approve the minutes from the January 24, 2023 Meeting of the Human Affairs Committee as submitted.

4. SPECIAL OR PUBLIC PRESENTATION
A. Community Outreach Worker, Karlie Hunter
Cecilia Gallardo-Daly, Community Development Director indicated the Committee requested that Karlie Hunter attend the meeting to provide information and respond to the Committee’s questions related to the “Overall 1 Agenda Item: 6B(1)

Minutes of the Adjourned Meeting of the Human Affairs Committee of February 8, 2023 Homeless Strategy” work plan item. Karlie explained the outreach and case management process. She discussed limited shelter beds; service resistant homeless; OCSD homeless liaison officer; transportation; efforts to move RVs; limited affordable housing when subsidies are available and hotel vouchers.

MOTION
Vice Chair Washington moved and Committee Member Brooks seconded a motion to agendize “Homeless Discussion” for the April 11, 2023 Human Affairs Committee Meeting. The workgroup for the Overall Homelessness Strategy will provide topics for discussion.

5. UNFINISHED BUSINESS AND UPDATES
 Project #1. Town Hall & Community Resource Fair: Stuart Anderson and Aaron Washington, chaired by Lisa Edone.

No update.
 Project #2. Resources Directory: Stuart Anderson and City Staff support, chaired by Lisa Edone.

No update.
 Project #3. Overall Homelessness Strategy: Angeline Johnson and Michelle Brooks, chaired by Stuart Anderson.

Member Brooks discussed information she obtained from the City of Dana Point.  Project #4. Mentorship Program for Young Adults & Grades 6-12 “A Day in the Life”: Rosemary Salas and Aaron Washington, chaired by Jill Schachter.  Project #5. “Every 15 Minutes” DUI Prevention Program: Jill Schachter and Michelle Brooks, chaired by Rosemary Salas.

Member Salas stated she was working with the School. The project is scheduled for April 2023.
 South County Safe Rides Program: Angeline Johnson and Jill Schachter, chaired by Michelle Brooks. This program is inclusive of Project #5.

Committee Member Brooks discussed that the program is no longer active. 2

Minutes of the Adjourned Meeting of the Human Affairs Committee of February 8, 2023  Project #6. SCHS Humanitarian Award: Jill Schachter and Angeline Johnson, chaired by Rosemary Salas.

No update.

6. NEW BUSINESS
A. Social Service Budget Committee – Appoint two members to the Committee to review Community Development Block Grant (CDBG) Public Service grant applications.

MOTION
Committee Member Anderson moved and Vice Chair Washington seconded a motion to appoint Committee Member Anderson and Vice Chair Washington to the Social Service Budget Committee. The motion carried unanimously.

7. ORAL AND WRITTEN COMMUNICATION
None.

8. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
None.

ADJOURNMENT
Vice Chair Washington moved and Committee Member Brooks seconded a motion to ADJOURN THE MEETING AT 4:12 P.M. TO THE REGULAR HUMAN AFFAIRS COMMITTEE MEETING TO BE HELD ON APRIL 11, 2023 AT 3:30 P.M. AT SAN CLEMENTE CITY HALL, FIRST FLOOR COMMUNITY ROOM, LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
______________________________
Lisa Edone, Chair
Attest: ______________________________
Janet Batchelor, Management Analyst
3 These minutes will be considered for approval at the Planning Commission meeting of 03-08-2023.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
February 22, 2023 @ 6:00 p.m.

San Clemente City Hall Council Chambers
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:08 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

2. PLEDGE OF ALLEGIANCE
Commissioner McCaughan led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell, Gary P. McCaughan, M.D.; Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: Brent Davis, Karen Prescott-Loeffler, Chair pro tem M. Steven Camp Staff Present: Adam Atamian, Deputy Community Development Director Jonathan Lightfoot, Economic Development Officer, (Acting Commission Secretary)
Cecilia Gallardo-Daly, Community Development Director
Zachary Ponsen, Acting Deputy Public Works Director
Ryan Kim, Senior Civil/Traffic Engineer
Matthew Richardson, Assistant City Attorney

4. SPECIAL ORDERS OF BUSINESS
A. Recognition of Commissioner Barton Crandell
Commission and staff presented Commissioner Crandell with a plaque commemorating his lengthy legacy as a valuable member of the Commission and leadership contributor throughout the past 12 years.

Acting Secretary Lightfoot read aloud a letter from Commissioner Prescott-Loeffler praising Commissioner Crandell for his service. The Commissioners present and staff lauded Commissioner Crandell for his generosity, wisdom, integrity, positive 1 Agenda Item: 6B(2)
Minutes of Regular Planning Commission Meeting of February 22, 2023 Page 2 demeanor, and dedication. The City has benefited from his skill and knowledge, historical expertise, and unwavering work ethic. Landmarks throughout the City reflect generous sharing of his talents, valuable involvement in efforts to maintain the City’s charm and identity, and commitment to excellence.

5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of January 18, 2023.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY VICE

CHAIR COSGROVE AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE JANUARY 18, 2023, PLANNING COMMISSION REGULAR MEETING AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
None

9. NEW BUSINESS
A. Calle Del Cerro Bike Lane and Stop Sign Improvements Zachary Ponsen, Acting Deputy Public Works Director, and Ryan Kim, Senior Civil/Traffic Engineer, narrated a PowerPoint Presentation entitled, “Calle Del Cerro Bike Lane and Stop Sign Improvements,” dated February 22, 2023. A copy of the Presentation is on file in Planning Division.

In response to questions from the Commission, staff indicated the findings of the UC Berkley Safe Transportation Study will be forwarded to the Commission once it has concluded; speculated additional traffic calming measures could be considered in the future as road conditions evolve; provided summary of the concerns and supportive comments from letters submitted to staff.

Chair McKhann opened the public hearing.

Residents Catherine Deter, Kortney Morrow, Kristy Neuhausen, Kurt Neuhausen, Madison Neuhausen, Hudson Neuhausen, Al Aflleje, Jennifer Rohles, Jose J.

Fernandez, Terrance Murphy, Stephanie Dillbeck, Geoff Harris, Bill Ruth, Amy 2 Minutes of Regular Planning Commission Meeting of February 22, 2023 Page 3 Malone, and Rob Wagner supported the improvements proposed by staff; described difficulties exiting housing tracks due to traffic hazards including sight distance impediments, steep grades and speeding drivers; A resident requested similar improvements for nearby Avenida Vista Montana as well; requested a safety rail or trees at the Calle Del Cerro/Vista Montana 3-way intersection to prevent cars from driving into the homes and yards of residents; suggested additional improvements for the area including crosswalk safety lights, additional sidewalks, speed humps, traffic enforcement officer, and any other safety measure staff deems appropriate for the location.

Chair McKhann closed the public hearing.

Commission Comments/Suggestions:
 Supported the proposed improvements as proposed by staff; requested staff continue to consider and propose traffic calming measures for the area as warranted.
 Supported staff meeting with the Master HOA to discuss permanent physical barriers at the Calle Del Cerro/Avenida Vista Montana intersection to protect homes that back up to the three-way intersection; recommended that staff review whether the Villagio II HOA should replant trees that were located in this area previously; acknowledged difficulty of the Traffic Engineering Division’s desire to appease residents and increase safety on the streets while at the same time complying with standards set to qualify intersections for stop signs and crosswalks.
 Recommended spot enforcement/citations of traffic infractions, especially after installation of improvements.
 Suggested staff contact the Business Park HOA, to notify the property owners/businesses in the area to ask their employees/clients to observe speed limits and be mindful of the safety of children and other road users.  Expressed an interest in reviewing the final result of the UC Berkley Safe Transportation Study and incorporating other traffic safety improvements in the City.

IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY
COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED TO:
1) Forward to City Council a recommendation to approve restriping Calle Del Cerro for bicycle lane facilities;
2) Forward a resolution to the City Council for the addition of an all-way stop and crosswalk at the intersection of Avenida Vista Montana as shown in the Attachments and with minor revisions as needed to conform with California Manual on Uniform Traffic Control Devices;
3) Include in the staff report for City Council consideration: direction that Code Enforcement staff conduct meetings with the relevant Homeowners Associations 3 Minutes of Regular Planning Commission Meeting of February 22, 2023 Page 4 regarding the unsafe traffic conditions at the Avenida Vista Montana and Calle Del Cerro intersection;
4) Include in the staff report for City Council consideration the following additional Planning Commission recommendations:
a. Direct Code Enforcement staff review the landscape plan approvals for the Villagio II neighborhood with the HOA to determine whether trees should be replanted on the slope between residences and the project location; b. Contact the Rancho San Clemente Business Park Association to communicate the residents’ concerns regarding traffic in the area and ask businesses to contact employees and ask for their cooperation in increasing traffic safety for all;
c. Include in the staff report for City Council consideration direction that staff request the Orange County Sheriff’s Department provide spot enforcement for failure to stop violations at the Vista Montana/ Del Cerro intersection and for speed enforcement downhill along Calle del Cerro.
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Staff Waivers
B. Tentative Future Agenda
Reports received and filed.

Economic Development Officer Jonathan Lightfoot noted that Adam Atamian, Deputy Director of Community Development, will be devoting additional time to the City’s Code Enforcement Department while the City conducts its recruitment for a Code Enforcement Manager. During this time, Mr. Lightfoot will be serving as the staff and secretary to the Planning Commission and Design Review Subcommittee.

Vice Chair Cosgrove reported that the State of California has asked cities to put together objective standards to encourage multifamily dwellings within their city limits; noted Senior Planner Sara Toma is developing a survey for community input. Additionally, he and Commissioner Crandell have met with a developer planning a boutique hotel in the North Beach area struggling to comply with development standards and requested Commission assistance to help develop a strategy.

Commissioner McCaughan advised the city of Huntington Beach is considering litigation with the State over its General Plan strategies and suggested a united front of cities against the State over its directives might be effective for change. 4 Minutes of Regular Planning Commission Meeting of February 22, 2023 Page 5

12. ADJOURNMENT

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED TO ADJOURN AT 7:53 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD IN-PERSON ON MARCH 8, 2023, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Scott McKhann, Chairman
Attest:

Adam Atamian, Deputy Community Development Director
5 1
Agenda Item: 6B(3)
2 3
4 1
Agenda Item: 6C(1)
2 3
4 5
6 7
8 9
10 11
1 Agenda Item: 6C(2)
2 3
4 5
6 7
8 9
10 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/7/2023 Agenda Item: 6D
Department: Public Works
Prepared By Zak Ponsen, Acting Public Works Director - City Engineer Ryan Kim, Senior Civil Engineer
Subject:

CALLE DEL CERRO BIKE LANE AND STOP SIGN IMPROVEMENTS
Fiscal Impact:

The estimated construction cost of $42,000 is within the available approved project budget of $951,000 under CIP Project No. 12306
Summary:

Staff recommends approval of Calle Del Cerro Bike Lane and the Stop Sign Improvements.

Background:

Calle Del Cerro has undergone a recent tree replacement project and now is scheduled for an upcoming pavement rehabilitation and slurry seal project. Consistent with the City’s General Plan goal to implement complete streets concepts where feasible, staff investigated options for reconfiguring the lane alignments to best balance the street for all users.

Discussion:

Calle Del Cerro is identified as a Local Collector street and connects to Avenida Pico to the west/northwest and to Avenida La Pata at its eastern terminus. The City’s adopted Bicycle and Pedestrian Master Plan (BPMP) includes adding Class 3 bicycle facilities to the lower segment of Calle Del Cerro between Avenida Pico and the western intersection of Avenida Vista Montana. Class 3 facilities are shared vehicle lanes and are utilized when there is not enough available street right of way to construct either Class 1 or Class 2 improvements. Improvements in this lower segment of Calle Del Cerro were identified in the BPMP to help provide connections to Clarence Lobo Elementary School and Rancho San Clemente Park.

Although not included in the BPMP, staff is also proposing to add Class 2 bicycle facilities to most of the remaining segments of Calle Del Cerro. Class 2 facilities are dedicated bike lanes adjacent the curb and include painted buffers to separate them from the vehicle travel lanes. A Class 2 lane in the uphill direction will help serve as a climbing lane for bicyclists. The addition of buffered Class 2 bicycle lanes will narrow the travel lanes in both directions and should help reduce vehicle travel speeds. Studies show that wide roads promote higher vehicular speeds, and higher speeds may negatively influence the safety and quality of life for the adjacent neighborhood.

The proposed striping design includes narrowing travel lanes to 11 feet, maintaining left turn lanes at intersections, installing 5-feet bicycle lanes where feasible, and installing bike lane buffers where feasible.

CITY OF SAN CLEMENTE Page 1 of 4 Printed on 3/1/2023
powered by Legistar™ 1
Meeting Date: 3/7/2023 Agenda Item: 6D
Travel lane widths of 10 feet generally provide adequate safety in urban settings while discouraging speeding. Studies have shown that traffic speed is dependent upon how comfortable the driver feels, and therefore, reducing the travel lane widths would increase the side friction and may lower traffic speeds.

The benefits of implementing the bike lanes include:

Benefits:

1. Increased potential to help manage collector street traffic speeds due to increased perceived “friction” resulting from the narrower vehicle travel widths.

2. Improved environment and more room for bicyclists.

3. Visually reminds motorists of bicyclists’ right to the streets.

4. Increased bicyclist’s comfort and confidence on busy streets.

5. Increased total capacity of street carrying mixed bicycle and motor vehicle traffic.

6. Improved sight distance at intersections.

7. Maintains existing left turn lanes.

It should be noted that the City is currently in the process of two on-going studies for traffic and roadway safety. The Complete Streets Safety Assessment (CSSA) is being done by UC Berkeley.

The Local Roadway Safety Plan (LSRP) is being done by Kimley Horn. These studies are nearly complete and staff is implementing some of their recommendations via these proposed improvements. Both studies note a lack of bicycle facilities on Calle Del Cerro. Staff expects to bring both these studies to the Planning Commission and City Council in the next couple of months.

Consideration of Stop Sign Improvements at the eastern intersection of Calle Del Cerro and Avenida Vista Montana (East):

Avenida Vista Montana is listed as a Local Collector street and connects with Calle Del Cerro in two locations. The eastern connection is located near the crest of the Calle Del Cerro slope. City staff has received complaints from the residents indicating concerns regarding traffic speeds, safety, and pedestrians on Calle Del Cerro. Staff has also received a request for a crosswalk at the nearby intersection of Calle Sol. The crosswalk request raised the issue of this area being a school bus drop off and pick up stop. Staff would not be supportive of a crosswalk at their community’s entrance (Calle Sol) due to it being an uncontrolled intersection on an approximate 8% grade. The CSSA study has also reviewed the Calle Sol location, and noted the poor sight distance due to the vertical and horizontal curves of the street.

The CSSA study includes potential modifications to the Calle Del Cerro intersection with Vista Montana for a potential all-way stop sign. City staff conducted a field study to determine if additional stop signs are warranted. During the study period, the actual number of vehicles coming from Avenida Vista Montana did not meet the qualifications for adding stop signs on Calle Del Cerro, but staff noted the line of sight distance of the crest of the hill poses an issue when vehicles are travelling at the 85th percentile speed of 40 mph or higher. Due to the potential for line of sight/stopping sight distance issues and the request for a crosswalk in the vicinity, staff can support the addition of both the stop sign and crosswalk improvements. Due to the vertical and horizontal curves of the street, the addition of stop signs in both travel directions on Calle Del Cerro would include advance warning CITY OF SAN CLEMENTE Page 2 of 4 Printed on 3/1/2023
powered by Legistar™ 2
Meeting Date: 3/7/2023 Agenda Item: 6D
flashing signs to alert drivers of the upcoming intersection.

The Planning Commission unanimously approved the project on February 22, 2023, but include some additional recommendations:

1. Staff to contact the Business Park Association to request that they notify their tenants that travelers on Calle Del Cerro should not speed.

2. Staff to contact the Master Home Owners Association and review the tract landscaping plans regarding the intersection of Avenida Vista Montana (east) with the intention for solutions for vehicular interactions at the intersection of Avenida Vista Montana (east) and Calle Del Cerro; and

3. Request additional OCSD patrols of the Calle Del Cerro area for additional enforcement of potential speeding.

This meeting was noticed to residents within a 300 feet radius of the project area to inform the residents that the subject would be considered at this meeting, and the City Council meeting on March 7, 2023. Additionally, notices were sent to all 1600 Rancho San Clemente properties within their HOA financial mailings.

Recommended Actions:

Staff Recommends that the City Council:

1. Approve the project plans for restriping Calle Del Cerro for bicycle lane facilities;

2. Adopt Resolution No. 23-05 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING MASTER TRAFFIC RESOLUTION NO. 1846, ESTABLISHING “THROUGH STREETS AND STOP INTERSECTIONS” ON CALLE DEL CERRO AT AVENIDA VISTA MONTANA (EAST);

3. Direct staff to contact the San Clemente Business Park Master Association to communicate residents’ concerns about speeding traffic on Calle Del Cerro and request them to notify their employees to observe the speed limit on Calle Del Cerro in the residential areas;

4. Direct staff to contact the Master Home Owners Association and review the tract landscaping plans regarding the intersection of Avenida Vista Montana (east) with the intention for solutions for vehicular interactions at the intersection of Avenida Vista Montana (east) and Calle Del Cerro; and

5. Direct staff to contact OCSD for additional spot enforcement at the intersection of Avenida Vista Montana (east) and Calle Del Cerro for observing the stop signs after installing the stop signs and at the bottom of the hill toward Avenida Pico for speed enforcement Attachment:

1. Location Map

2. Proposed Striping and Signage Plan

3. Resolution
Notification:

CITY OF SAN CLEMENTE Page 3 of 4 Printed on 3/1/2023
powered by Legistar™ 3
Meeting Date: 3/7/2023 Agenda Item: 6D
None
CITY OF SAN CLEMENTE Page 4 of 4 Printed on 3/1/2023
powered by Legistar™ 4
5 AHEADAHEAD

SIGNALSIGNAL

AHEAD AHEAD

SIGNAL SIGNAL
STREET IMPROVEMENT FOR CALLE DEL CERRO, Project No. 12306 Project No. 12306 STREET IMPROVEMENT FOR CALLE DEL CERRO (Ave. Pico to Ave. La Pata)

MATCH LINE SEE ABOVE

MATCH LINE SEE BELOW STRIPING AND SIGNING PLAN
MATCH LINE SEE SHEET 2
ATTACHMENT 2
6 AHEAD
SIGNAL
STREET IMPROVEMENT FOR CALLE DEL CERRO, Project No. 12306 Project No. 12306 STREET IMPROVEMENT FOR CALLE DEL CERRO (Ave. Pico to Ave. La Pata) STRIPING AND SIGNING PLAN

MATCH LINE SEE BELOW
MATCH LINE SEE ABOVE MATCH LINE SEE SHEET 1
MATCH LINE SEE SHEET 3
7 STOP STOP
STOP
STREET IMPROVEMENT FOR CALLE DEL CERRO, Project No. 12306 Project No. 12306 STREET IMPROVEMENT FOR CALLE DEL CERRO (Ave. Pico to Ave. La Pata) STRIPING AND SIGNING PLAN MATCH LINE SEE SHEET 2

MATCH LINE SEE BELOW

MATCH LINE SEE ABOVE
MATCH LINE SEE SHEET 4
8 STOP STOP
STOP
AHEAD
STREET IMPROVEMENT FOR CALLE DEL CERRO, Project No. 12306 Project No. 12306 STREET IMPROVEMENT FOR CALLE DEL CERRO (Ave. Pico to Ave. La Pata) STRIPING AND SIGNING PLAN MATCH LINE SEE SHEET 3 21 INSTALL SHARED ROADWAY BICYCLE MARKING PER CALTRANS STD. PLAN A24C 20 INSTALL 12" WHITE DIAGONAL MARKING AT 45°, SPACING AT 4' O.C. 19 INSTALL TYPE VI RIGHT LANE DROP ARROW PER CALTRANS STD. PLAN A24A 18 RELOCATE EXIST. SIGN AND POST 17 INSTALL SIGN ON EXIST. LIGHT POLE / POST 16 INSTALL SIGN AND POST 15 INSTALL TYPE IV (R) ARROW PER CALTRANS STD. PLAN A24A 14 INSTALL TYPE IV (L) ARROW PER CALTRANS STD. PLAN A24A 13 INSTALL BIKE LANE SYMBOL WITH PERSON PER CALTRANS STD. PLAN A24C 12 INSTALL 12" WHITE LIMIT LINE PER CALTRANS STD. PLAN A24E 11 INSTALL 24" WHITE CONTINENTAL CROSSWALK PER CSC STD. NO. ST-21 10 INSTALL YELLOW MEDIAN ISLAND STRIPE PER CALTRANS STD. PLAN A20B DETAIL 29 9 INSTALL 12" WHITE DIAGONAL MARKING AT 45°, SPACING AT 40' O.C. 8 IINSTALL PAVEMENT MARKING WORDS PER CALTRANS STD. PLAN A24D 7 INSTALL 4" LANE DROP LINE PER CALTRANS STD. PLAN A20C DETAIL 37B 6 INSTALL 6" WHITE BIKE LANE DROP LINE PER CALTRANS STD. PLAN A20D DETAIL 39A 5 INSTALL 6" WHITE BIKE LANE LINE PER CALTRANS STD. PLAN A20D DETAIL 39 4 INSTALL LEFT EDGELINE PER CALTRANS STD. PLAN A20B DETAIL 26 3 INSTALL 8" WHITE CANALIZING LINE PER CALTRANS STD. PLAN A20D DETAIL 38 2 INSTALL 4" SOLID WHITE LANE LINE (50' LONG) WITH RPM 1 INSTALL 4" WHITE LINE PER CALTRANS STD. PLAN A20A DETAIL 9 STRIPING AND SIGNING NOTES:
9 ATTACHMENT 3
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING
“THROUGH STREETS AND STOP INTERSECTIONS” ON

CALLE DEL CERRO AT AVENIDA VISTA MONTANA (EAST)
WHEREAS, the City reviews various locations to improve safety and traffic conditions; and
WHEREAS, the easterly intersection of Calle Del Cerro and Avenida Vista Montana is controlled by a two-way Stop sign on Avenida Vista Montana; and WHEREAS, there are potential sight restrictions for drivers approaching the intersection; and
WHEREAS, the City of San Clemente Planning Commission (“Planning Commission”), at its regular meeting of February 22, 2023 made a recommendation to the City of San Clemente City Council (“City Council”) to approve a conversion of existing twoway to all-way stop-controlled intersection at the locations listed below; and WHEREAS, the City Council has considered the recommendation by the Planning Commission, and the information provided by City staff and now wishes to implement the recommended all-way stop-controlled intersection.

NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:

Section 1. The above recitals are true and correct.

Section 2. The Master Traffic Resolution No. 1846, Section 21, entitled “Through streets and stop intersections”, is hereby amended by adding the following subsection:

21.c-23a Cerro, Calle Del, at Avenida Vista Montana (East).

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______. 10 Resolution No. Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
c:\users\mrotekj\documents\aatemp\3-7-23 cc del cerro & montana stop sign resolution.docx 11 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/7/2023 Agenda Item: 6E
Department: Beaches, Parks and Recreation
Prepared By Samantha Wylie, Beaches, Parks & Recreation Director Subject:

FEE WAIVER REQUEST - HAWAIIAN SURF CLUB OF SAN ONOFRE 2023 POLYNESIAN

FESTIVAL
Fiscal Impact:

If approved, the City would waive $1,070 in facility rental revenue and $175 in maintenance service costs related to reserved parking. There are no hard costs associated with this fee waiver request.

Summary:

The City Council has been asked to consider approval of a special event fee waiver for the Hawaiian Surf Club of San Onofre (“Surf Club”), a non-profit 501-c3 organization, to host its annual 2023 Polynesian Festival and Luau at the Community Center. The purpose of this fee waiver is to allow the organization to host its event at no cost to enhance fundraising efforts.

Background:

A fee waiver policy was authorized by City Council to encourage and promote activities, facility rentals, and special events/programs on a year around the basis that provide valuable cultural, recreational, and civic benefits to residents, visitors, and businesses of San Clemente. The primary criterion to qualify for a fee waiver is that the organization be a non-profit civic or social organization, and all revenue generated by the event largely benefits the residents, visitors, and businesses of San Clemente. Within the fee waiver policy, the Director of the Beaches, Parks and Recreation Department is granted authority to waive up to 25% of total rental fees, while the City Manager is authorized to waive up to $600 in fees per event. Requests beyond these amounts must be presented to the Beaches, Parks and Recreation Commission and final approval granted by the City Council.

The Surf Club is requesting a fee waiver for its 2023 Polynesian Festival and Luau proposed to occur at the Community Center, where the grounds will be used to host a public event that educates eventgoers on surf and Hawaiian heritage and culture. This event has been held at the Community Center for over 30 years and is a popular attraction in the downtown area.

The City Council previously approved a fee waiver for this event in 2020.

At its February 14, 2023 meeting, the Beaches, Parks & Recreation Commission reviewed the request and recommended approval (7-0) of the waiver of all rental fees for the 2023 Polynesian Festival.

Discussion:

The Surf Club’s purpose is to educate and share about Hawai’i and its culture, traditions, and values CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/1/2023
powered by Legistar™ 1
Meeting Date: 3/7/2023 Agenda Item: 6E
The Surf Club’s purpose is to educate and share about Hawai’i and its culture, traditions, and values representing the Aloha spirit. The Festival benefits the Surfing Heritage and Cultural Center, the Surf Club’s annual “Clean the Beach” program, and the Surfrider Foundation.

If approved, the fees waived would include the facility rental fees associated with the use of the Community Center, estimated at $1,245. The application fee ($240) and the street banner hanging fees ($367) would not be waived as part of this request.

Recommended Actions:

Staff Recommendation
Staff and the Beaches, Parks and Recreation Commission recommend the City Council approve a one-time fee waiver of all facility rental fees, not to exceed $1,245, associated with the 2023 Polynesian Festival and Luau hosted by the Hawaiian Surf Club of San Onofre.

Attachment:

None
Notification:

Hawaiian Surf Club of San Onofre
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/1/2023
powered by Legistar™ 2

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/7/2023 Agenda Item: 6F
Department: City Manager
Prepared By Janet Batchelor, Acting Assistant to the City Manager Subject:

SECOND AMENDMENT TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH APREA & MICHELI FOR LEGISLATIVE ADVOCACY SERVICES.

Fiscal Impact:

Funds are available in the FY 2022-23 budget account # 001-203-43690. Subsequent fiscal years will be subject to approval through the annual budget process.

Summary:

The City has utilized the legislative services of the firm Aprea & Micheli since 2015 to oversee new and ongoing legislative activity at the California State capitol for potential impacts to the City of San Clemente. Aprea & Micheli establish and maintain relationships with key state legislators, advocate for San Clemente within the state government, represent the city at State hearings, and monitor the State Budget for funding opportunities. Staff recommends City Council approval of Amendment No. 2 to the contract with Aprea & Micheli to continue legislative advocacy services for the City of San Clemente. This amendment extends the term end date to March 31, 2024, at the rate of $10,000 per month plus approved expenses which increases the total not to exceed contract amount to $480,000, an increase of $120,000, plus approved expenses.

Discussion:

Aprea & Micheli has been instrumental in representing the City as we navigated through various stages of challenging legislative bills. Staff anticipates a number of issues the City will be addressing and will benefit from Aprea & Micheli’s legislative advocacy services. Aprea & Micheli will provide the following services to the City:

Legislation, Budget, & Regulation
Monitor & report on bills, budget items, and regulatory agencies, including but not limited to the following issue areas:
· Local Control
· Homelessness & Housing
· Climate Change (particularly coastal issues)
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/1/2023
powered by Legistar™ 1
Meeting Date: 3/7/2023 Agenda Item: 6F
· Sand Replenishment
· E-Bike Safety
· Public Utilities (water & sewer)
· Department of Housing & Community Development
· Wildlife Conservation Board
· Department of Transportation
The Aprea & Micheli firm has over thirty years of legislative advocacy experience. Being based in Sacramento, their firm has established relationships, knowledge and experience with the State of California’s governmental affairs providing them a significant advantage when providing strategic perspectives to the City.

Recommended Actions:

Staff Recommendation
Staff recommends City Council approval and direction to the City Manager to execute Amendment No. 2 to Contract C21-09, relating to Legislative Advocacy Services extending the term of the contract to March 31, 2024, and increases the total not to exceed contract amount to $480,000, plus approved expenses.

Attachments:

1. Second Amendment to the Professional Services Agreement with Aprea & Micheli.

2. First Amendment to the Professional Services Agreement with Aprea & Micheli.

3. Professional Services Agreement with Aprea & Micheli (Contract C21-09).

Notification:

N/A
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/1/2023
powered by Legistar™ 2

SECOND AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR

PROFESSIONAL LEGISLATIVE ADVOCACY CONSULTING SERVICES
This Second Amendment to Professional Consultant Services Agreement for professional legislative advocacy consulting services (this “Second Amendment”) is made and entered into on this ____ day of ________, 20__, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and APREA & MICHELI (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for Professional legislative Advocacy Consulting Services (the “Original Agreement”) on March 16, 2021 .

B. City and Consultant entered into that certain First Amendment to the Professional Consultant Services Agreement for Professional legislative advocacy services (“First Amendment”) on March 16, 2022 . The Original Agreement, as modified by the First Amendment, is hereinafter referred to as the “Agreement.” C. City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 3.1.1 In addition to the services to be performed by Consultant as referenced in Exhibit A to the Agreement and Exhibit A to the First Amendment, Consultant shall also perform those services described in Exhibit “A” to this Second Amendment, exhibit is attached hereto and incorporated herein by this reference.

Section 3.1.2 The term of this agreement is extended to March 31, 2024.

Section 3.3.1 Compensation. The agreement is hereby amended by increasing the total not to exceed compensation amount to Four Hundred Eighty Thousand Dollars ($480,000).

Except as expressly amended by this Second Amendment, the remaining portions of the Agreement shall remain in full force and effect.

Attachment 1
Draft
3 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

APREA & MICHELI
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
Draft
4 EXHIBIT “A”
Scope of Services
• Detect introduction of legislation that may affect the City of San Clemente. • Track progress of pertinent legislation that has been introduced. • Lobby legislators, staff and executive branch concerning pertinent legislation. • Communicate on a regular basis with the appropriate City of San Clemente staff using a method determined by the city staff, concerning the status, prospects, movement, opposition, support, etc., of pertinent legislation.
• Regularly communicate with City Council Members and staff to inform them of City of San Clemente interests and learn about potential legislative developments before they occur.
• Review any proposed regulations that may affect the City of San Clemente. • Subscribe to mailing lists, when available, for key regulatory boards and departments, including the California Natural Resources Agency, California Department of Housing and Community Development, Department of Parks and Recreation, the Department’s Division of Boating and Waterways, Caltrans, the Wildlife Conservation Board and any other agency or department necessary to promote and protect the City of San Clemente’s interests.
• Monitor the status, opposition/support and prospects of pertinent proposed regulations. • Maintain a thorough understanding of the administrative rulemaking process in the state, including both the stages required under state law, and those at the discretion of the agencies.
• Schedule and represent the City of San Clemente in scheduling meetings with legislators.
• Attend San Clemente City Council meetings as requested to do so by City staff. • Provide an updated lists of legislators with their committee assignments, to the City of San Clemente as appropriate.
• Recommend development of appropriate coalitions.
• Work for the City of San Clemente on all legislative, budget and regulatory matters as appropriate and requested.

Fee
$10,000/month, plus approved expenses.

Draft
5 Attachment 2
6 7
Attachment 3
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/7/2023 Agenda Item: 6G
Department: Beaches, Parks and Recreation
Prepared By Samantha Wylie, Beaches, Parks & Recreation Director Jordan Gilmore, Golf Course Manager
Subject:

GOLF COURSE TREE MAINTENANCE SUPPLEMENTAL BUDGET APPROPRIATION Fiscal Impact:

The costs associated with the replacement of trees and damage repair caused by the fallen trees will be $66,000 and was not anticipated in the current municipal budget.

Summary:

Staff and the Golf Course Committee recommend the City Council authorize funding for the removal, repairs and cleanup of damaged trees and the replacement of certain trees at prioritized locations at the golf course at holes 2, 3, 5, and 8. The appropriation will mitigate impacts on the playability of the course while minimizing impacts on the course property and surrounding properties.

Background:

On January 23, 2023, a significant winter storm damaged trees throughout the Municipal Golf Course. This included a total loss of ten mature trees listed below. • #5 Street by Tee box - Eucalyptus
• #2 Green - Aleppo Pine
• #2 Tee - Pepper Tree
• #3 Right rough - Eucalyptus
• #3 Behind 4 tee - Eucalyptus
• #3 Behind 4 tee - Eucalyptus
• #6 Tee - Eucalyptus
• #12 and #11 - Eucalyptus
• #8 Left side of Fairway - Eucalyptus
At its February 2, 2023 meeting, the Golf Course Committee discussed the loss of trees due to storm damage. The Committee recommended the City Council approve funding to replace damaged trees, prioritizing the trees on #5 (left), #8 (left), #2 (green), and #3 (right).

Discussion:

Landscaping, including the placement of trees, on the golf course is designed for playability and aesthetics while maximizing the safety of the course and the areas surrounding the property. While the sites of all lost trees will require the replacement of landscaping, the Golf Course Committee has prioritized the replacement of trees in the following areas #5 left, #8 left, #2 green, and #3 right. The Committee commented that the loss of trees in these locations negatively affects the playability of the course and can result in unintended architectural design impacts, therefore the repair/replacement at CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/2/2023
powered by Legistar™ 1
Meeting Date: 3/7/2023 Agenda Item: 6G
course and can result in unintended architectural design impacts, therefore the repair/replacement at these four holes should be prioritized and addressed as soon as possible.

Staff assessed each of the sites prioritized by the Golf Course Committee, and recommended replacement tree sizes and species for each location to provide maximum mitigation of the discussed concerns. The recommended replacement trees are either Norfolk Pine or Tipu species. Based on quotes received, the trees will be replaced at a cost of $46,000 through an agreement with Moon Valley Nursery. The cost includes the purchase, installation, and one-year warranty for each tree.

Additionally, the cleanup and removal of the ten trees and surrounding landscaped areas of the course required additional contractual services support estimated at $20,000. Tree maintenance along the Golf Course is not included in the citywide tree trimming contract because of the nature of the Enterprise Fund with the activity and amounts being on an as-needed basis. A separate line item is established within the Golf Course Operating Fund and is used to support the routine maintenance of trees throughout the course. The work is done in small jobs with a three quote/bid estimate process.

Recommended Actions:

Staff Recommendation
Staff and the Golf Course Committee Recommend that the City Council approve a supplemental appropriation of $66,000 to the Golf Course Maintenance of Trees Account #056-661-43426 for cleanup and repairs of the course related to the January 2023 storm and for the purchase and installation of replacement trees on the golf course at holes #2, 3, 5, & 8.

Attachment:

None.

Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/2/2023
powered by Legistar™ 2

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/7/2023 Agenda Item: 9A
Department: City Manager
Prepared By Andy Hall, City Manager
Subject:

IMPLEMENTATION OF EMERGENCY ACTIONS TO ASSIST UNSHELTERED INDIVIDUALS

DURING TIMES OF INCLEMENT WEATHER
Fiscal Impact:

It is anticipated that the actions included in this effort will not exceed the expenditure limits of the City Manager ($50,000) and, if authorized, staff would recommend funding be allocated from the unassigned fund balance of the General Fund.

Summary:

On February 28, 2023, the City Council directed the City Manager to provide a strategy for providing basic and necessary protections for unsheltered individuals in the city during extreme weather conditions. Time is of the essence because of the current pattern of inclement weather and staff has identified some immediate, emergency actions that will provide assistance for the remaining weeks of the current winter season.

Background:

The provision of emergency actions is only a portion of the more comprehensive program to reduce or end homelessness in San Clemente.

Discussion:

The City of San Clemente is experiencing a cooler and wetter winter season than is typical in the temperate coastal climate. Although the stated goal of the City Council is to assist all unsheltered persons find permanent housing, there is an immediate need to ensure the basic human needs are addressed in the interim, especially in inclement weather. To help define the circumstances under which these emergency actions will be implemented, staff would suggest that they be implemented when the temperature is expected to fall below 40 degrees Fahrenheit, or if it is raining and the temperature is expected to fall below 50 degrees Fahrenheit.

Each individual may have different needs and therefore the list below provides some of the options that will be considered when inclement weather occurs:

1. Provision of transportation to an emergency weather shelter working with existing partners.

2. Provision of umbrellas, rain gear (ponchos), stocking caps, gloves, etc. to individuals who choose not to relocate to a shelter facility.

3. A warm beverage and high energy bars for sustenance during the inclement weather.

4. Coordination with County resources and local non-profit organizations for potential CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/2/2023
powered by Legistar™ 1
Meeting Date: 3/7/2023 Agenda Item: 9A
temporary hotel/motel vouchers.

It is reiterated that this program is an emergency action and implemented on a temporary basis during inclement weather events. While these efforts may become a portion of the cities more comprehensive approach to ending homelessness in San Clemente, they do not represent an ongoing or nightly effort.

Recommended Actions:

Staff Recommendation
Staff recommends the City Council direct the City Manager to work with staff to form an outreach team to implement emergency actions for unsheltered persons during inclement weather using the definitions and options included in this report.

Attachment:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/2/2023
powered by Legistar™ 2

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/7/2023 Agenda Item: 9B
Department: Community Development
Prepared By Adam Atamian, Deputy Community Development Director Subject:

INITIATION OF PEDESTRIAN STREET ENCROACHMENT ORDINANCE
Fiscal Impact:

There is a fiscal impact resulting from legal counsel to draft an ordinance.

Summary:

Staff seeks direction whether to initiate an amendment to the San Clemente Municipal Code to regulate pedestrian encroachment on streets and highways.

Background:

At the September 20, 2022 City Council meeting staff was directed to submit to the Public Safety Committee for consideration a potential ordinance to regulate panhandling and solicitation adjacent to public streets. At the Public Safety Committee meeting of November 22, 2022, the Committee voted 5-0 to recommend that City Council initiate a municipal code amendment to regulate such solicitation activities. Consultation with the City Attorney suggests that a safety-focused ordinance on all unsafe pedestrian encroachments on the right-of-way would be a stronger platform to regulate this activity.

Regardless of local enactments, the California Vehicle Code (“CVC”) includes regulations: (1) requiring pedestrians to use a crosswalk when crossing between two adjacent controlled intersections (CVC, § 21955); (2) requiring pedestrians outside crosswalks to yield the right of way to vehicles (CVC, § 21954(a)); (3) prohibiting pedestrians from standing in a roadway to solicit a ride (CVC, § 21957); (4) prohibiting pedestrians from “suddenly leav[ing] a curb or other place of safety and walk[ing] or run[ning] into the path of a vehicle that is so close as to constitute an immediate hazard (CVC, § 21950(b)); and (5) prohibiting pedestrians from “unnecessarily” stopping or delaying traffic while in a marked or unmarked crosswalk. (Id.) We share these CVC sections not to encourage or dissuade any City action but rather to illuminate that law enforcement currently has a variety of CVC tools at its disposal to cite pedestrians in roadways.

Discussion:

The Public Safety Committee discussed the potential to amend the San Clemente Municipal Code to address street-side solicitation, with input from the Chief of San Clemente Police Services and the Deputy Community Development Director, who oversees Code Compliance Division and Park Rangers. The discussion was facilitated by a review of ordinances adopted by cities that regulate pedestrian encroachments on street medians and travelways that expose them to danger. These ordinances are provided for reference as Attachments 1, 2, 3, and 4.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/2/2023
powered by Legistar™ 1
Meeting Date: 3/7/2023 Agenda Item: 9B
The Public Safety Committee’s discussion identified dangers associated with these encroachments on public streets is an issue occurring in the City of San Clemente. Additionally, discussion indicated that enforcement of regulations to address such issues would benefit the efforts of local law enforcement in protecting the public health and safety, and general welfare and would provide municipal code citations as an alternate platform for enforcement. The Committee voted unanimously to recommend the City proceed to consideration of an ordinance regulating these dangers tailored for San Clemente.

Because these regulations can have First Amendment ramifications, staff recommends that the City Attorney’s office (1) provide input to the City Council on potential regulations and (2) assist in reviewing related provisions of the current SCMC with an eye toward assisting the City Council in repealing or updating any existing provisions that are Constitutionally unenforceable.

Recommended Actions:

Staff Recommendation

THE PUBLIC SAFETY COMMITTEE AND STAFF RECOMMEND THAT THE CITY COUNCIL

INITIATE AN AMENDMENT TO THE SAN CLEMENTE MUNICIPAL CODE TO REGULATE DANGEROUS PEDESTRIAN ENCROACHMENTS ON PUBLIC STREETS.

Attachment:

1. Laguna Niguel Ordinance.

2. Aliso Viejo Ordinance.

3. Laguna Hills Ordinance.

4. Lake Forest Ordinance.

Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/2/2023
powered by Legistar™ 2
Laguna Niguel
Sec. 13-1-19. - Vending and commercial solicitation.

No person shall solicit primarily for commercial purposes in any manner, or sell or offer for sale any goods, wares, merchandise or food products, or otherwise engage in sidewalk vending, without a sidewalk vending permit issued pursuant to article 2 of division 7 of title 5 of this Code. No person shall distribute or pass out any primarily commercial handbill or advertising material, without a written permit from the manager. However, this section does not apply to any concession operated under authority granted by the city council, or to any activity specifically exempted by order or resolution of the city council.

Sec. 11-10-15. - Solicitation on public property.

It shall be unlawful for any person to solicit or for any officer or member of any association to solicit within the city any contribution, for any purpose whatsoever, by means of any box or receptacle, upon or in any public park, street or alley within the city, or upon or in any publicly owned or controlled place or premises within the city, except by written permission of the department.

Sec. 11-10-2. - Misrepresentation by solicitors.

It shall be unlawful for any person to make or perpetrate any misstatement, deception or fraud in connection with the solicitation within the city of any contribution for any charitable purpose or association.

ATTACHMENT 1
3 ATTACHMENT 2
ORDINANCE NO. 2015-______

AN ORDINANCE OF THE CITY COUNCIL OF ALISO VIEJO,
CALIFORNIA ADDING A NEW CHAPTER 4.16 TO TITLE 4 OF

THE ALISO MUNICIPAL CODE RELATING TO SOLICITATION

OF VEHICLE OCCUPANTS
WHEREAS, The City of Aliso Viejo (“City”) is authorized by California Constitution Article XI, Section VII to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations; and
WHEREAS, the City currently does not prohibit persons from approaching vehicles in public streets to sell goods and services and to solicit charitable contributions; and
WHEREAS, to prevent unsafe interference with vehicles in the right of way and to avoid distracting motorists from the operation of their vehicles, the City Council desires to regulate solicitation of vehicle occupants in public roadways.

THE CITY COUNCIL OF THE CITY OF ALlSO VIEJO HEREBY ORDAINS AS FOLLOWS:

Section 1. CEQA. This Ordinance amends the City’s Municipal Code in order to promote health, safety, comfort and general welfare in the community. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the activity is not a project as defined in Section 15378 of the State CEQA Guidelines. Even if the Ordinance constituted a “project” within the meaning of CEQA, the activity is exempt under State CEQA Guidelines section 15061 for the reasons set forth in this Ordinance and the corresponding staff report. The Ordinance does not have the potential for resulting in physical change to the environment, directly or indirectly.

Section 2. A new Chapter 4.16 is added to Title 4 of the Aliso Viejo Municipal Code to read as follows:

CHAPTER 4.16

SOLICITATION OF VEHICLE OCCUPANTS

4.16.010 SOLICITATION PROHIBITED.

A. It is unlawful for any person to be upon or go upon the roadway of any public street and solicit or attempt to solicit employment, business, or charitable contributions or alms from the occupant of any vehicle which is in transit upon a 4 60367.01100\12164036.2
public street, regardless of whether such vehicle is moving or temporarily stopped in traffic.

B. It is unlawful for any person to be upon or go upon the roadway or any public street and engage in any business with, or accept any charitable contribution or alms from, the occupant of any vehicle which is in transit upon a public street, regardless of whether such vehicle is moving or temporarily stopped in traffic.

C. Nothing contained in this section shall prohibit
solicitations of employment, business or charitable
contributions or alms from or by the occupants of any vehicle which either is lawfully parked upon a public street, or which is not upon a public street, at the time of such solicitation.

The words, terms and phrases used in this chapter shall have the following meanings:
"Business" means any sale of or offer to sell, or purchase of or offer to purchase, any product, commodity, item or service of any kind or nature.
"Charitable contributions or alms" means the obtaining of an immediate donation of money or other thing of value,
whether for personal use, or as a contribution to a charitable organization, or for any other purpose.
"Roadway" means that area within any public street right-ofway which is designed, improved or ordinarily used for vehicular traffic and traffic related improvements, including without limitation any median islands, traffic divider areas, bicycle lanes, safety zones, crosswalks and curbs.
"Solicit or attempt to solicit" means and includes any act of requesting, offering or announcing by any means including, without limitation, any oral or written communication or gesture.
"Street" means and includes any public street, highway or alley within the City of Aliso Viejo.
"Vehicle" means as defined in Section 670 of the California Vehicle Code or any successor provision thereto.

4.16.030 EXEMPTIONS.
5 60367.01100\12164036.2
A. This chapter shall not apply to or prohibit:

1. Any acts prohibited by Section 22520.5 of the
Vehicle Code of the State of California or any acts otherwise prohibited or preempted by any other provision of state law.

2. Any act of soliciting or attempting to solicit an
occupant of a vehicle by another occupant of the same
vehicle.

3. Any act of soliciting or attempting to solicit
transportation upon or within a vehicle which act is engaged in between the driver or other occupant of such vehicle and any other person.

4. Any act of soliciting or attempting to solicit
contributions or alms by a bonafide charity or non-profit corporation, organization or association.

B. .Any qualified charitable or non-profit corporation, organization or association as set forth in Section A.4 above, shall obtain a certificate of exemption from the Aliso Viejo City Manager or his designee. Such certificate shall be issued within 72 hours following the submittal of a written application therefor provided such application and the
proposed solicitation conforms to the following requirements:

1. That the applicant submits proof that it is
qualified by the Internal Revenue Service as a charitable or non-profit corporation, organization or association exempt from taxation under applicable provisions of the Internal Revenue Code;

2. That the application is accompanied by a plan
for review and approval by the Aliso Viejo City Manager or his designee (1) demonstrating that its solicitors will wear distinctive and highly visible attire (such as garments or devices containing reflective materials or composed of vivid and highly visible colors) for the purpose of increasing visibility of such persons to motorists; and (2) providing a plan or methodology for minimizing interference with traffic.

3. All solicitation of vehicles while engaged in
transit on the public streets shall be limited to between the hours of 10:00 a.m. to 3:00 p.m.

4. All solicitations by the charitable or non-profit
corporation, organization or association pursuant to such 6 60367.01100\12164036.2
certificate of exemption shall be limited to one (1) day per calendar year.

5. Not more than one charitable or non-profit
corporation, organization or association shall be scheduled at the same location on the same date.

A violation of any provision of this chapter shall be
punishable as an infraction as provided in Section 36900 of the Government Code of the State of California or any
successor provision thereto.

Section 3. Conflicting Regulations. Upon the effective date of this Ordinance, all former ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance are hereby repealed and declared to be of no further force and effect.

Section 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

Section 6. Publication. The City Clerk shall publish this Ordinance within fifteen (15) days of its adoption in accordance with California Government Code Section 36933.

Section 7. Notice of Exemption. The City Council hereby directs staff to prepare, execute and file with the Orange County Clerk a Notice of Exemption within five (5) working days of first reading of this Ordinance.

Section 8. Location and Custodian of Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Aliso Viejo City Hall, 12 Journey, Aliso Viejo, California 92656. The City Clerk is the custodian of the record of proceedings.

PASSED, APPROVED AND ADOPTED this _____ day of _______ 2015. 7 Laguna Hills
12-42.010 Findings and purpose.

The City Council finds that pedestrians are stepping and standing upon city-owned median islands located in the center of streets, distracting drivers, placing themselves in harm’s way, and trampling landscaping. Such median islands have been installed for safety reasons to separate opposing lanes of traffic and are often landscaped for aesthetic purposes to beautify city arterials. There is no intended pedestrian use of such medians. Pedestrians may cross a street at marked crosswalks and do not need to step, stand, sit, or lie on these median islands for any purpose.

The purpose of this chapter is to protect the public safety of drivers and pedestrians and preserve the aesthetics of the city’s landscaped median islands. (Ord. 2005-12 § 1 (part)) 12-42.020 Median island defined.

For purposes of this chapter, a median island is a raised and curbed area owned by the city, of variable width, located in the approximate center of the street, parallel to the travel lanes, separating opposing lanes of traffic and channelizing the location of the motor vehicle traffic. (Ord. 2005-12 § 1 (part)) 12-42.030 Pedestrians prohibited on city median islands.

Pedestrians are prohibited from stepping, standing, sitting, or lying upon any median island as defined in Section 12-42.020 above. Pedestrians do not include city employees or contractors who are maintaining the median island or emergency personnel or other persons who must temporarily use the median island because of an accident or vehicular emergency. (Ord. 2005-12 § 1 (part)) 6-08.010 Obstructing sidewalks and highways.

It is unlawful for any person to loiter, stand or sit in or upon any public highway, alley, sidewalk or crosswalk so as to in any manner hinder or obstruct the free passage therein or thereon of persons or vehicles passing or attempting to pass along the same, or so as to in any manner annoy or molest persons passing along the same. (OCC § 3-4-14)
ATTACHMENT 3
8 ATTACHMENT 4
ORDINANCE NO._________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LAKE FOREST, CALIFORNIA, AMENDING THE LAKE
FOREST MUNICIPAL CODE TO ADD CHAPTER 11.68

REGARDING SOLICITATION IN NO STOPPING ZONES
WHEREAS, individuals as well as large groups of people congregate in certain areas within the City of Lake Forest (“City”) on a daily basis to solicit from persons driving vehicles in and along public rights-of-way where stopping and parking is prohibited (“no stopping zones”); and
WHEREAS, the activity of soliciting from drivers in no stopping zones distracts drivers from their primary duty to watch traffic and potential hazards in the road, to observe all traffic control signals and warnings and to prepare to move safely through streets and intersections; and
WHEREAS, the practice of soliciting from drivers in no stopping zones impedes the flow of traffic on streets and results in the delay and obstruction of the public’s free flow of travel and results in congestion and blockage of the streets, driveways, parking areas and sidewalks; and
WHEREAS, distracted drivers in no stopping zones are more prone to automobile accidents, and accidents on the public streets constitute a substantial traffic safety problem, which further impedes and prevents the orderly flow of traffic and is unsafe for persons engaging in solicitation, pedestrian traffic and traffic generally; and
WHEREAS, the practice of soliciting by occupants of moving vehicles in no stopping zones from persons standing on public streets and sidewalks also presents potential safety hazards for the reasons set forth above; and WHEREAS, the cumulative impact of this type of activity on streets, highways and sidewalks on a daily basis within the City has created a potential safety hazard and poses a significant and substantial risk to the interest of the public in the free flow of travel; and
9 WHEREAS, the potential safety hazards created by the solicitation activity in and along public rights-of-way in no stopping zones pose a threat to the public peace, health and safety;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE FOREST DOES ORDAIN AS FOLLOWS:

SECTION 1. Division IX, Chapter 11.68 of the Lake Forest Municipal Code is hereby added to read as follows:
“Division IX. Solicitation
Chapter 11.68 Solicitation in No Stopping Zones

11.68.010 Legislative Findings.

11.68.020 Definitions.

11.68.030 Prohibitions.

11.68.010 Legislative Findings.

The City Council finds that the practice of soliciting to and from occupants of vehicles on City thoroughfares where stopping and parking is prohibited impedes the flow of traffic on streets and results in the delay and obstruction of the public’s free flow of travel and results in congestion and blockage of the streets, driveways, parking areas and sidewalks. The City Council further finds that the activity of soliciting to and from occupants of vehicles where stopping and parking is prohibited distracts drivers from their primary duty to watch traffic and potential hazards in the road, to observe all traffic control signals or warnings and to prepare to move safely through streets and intersections. The City Council finds that the safety hazards resulting from the solicitation to and from vehicles present a threat to public health, safety and welfare requiring the prohibition of this activity. 10 11.68.020 Definitions.

For purposes of this Chapter the following definitions shall apply:

A. “City Street” means all portions of a roadway used by vehicles for travel, stopping or parking, including any medians lying within such roadways.

B. “No Stopping Zone” means a segment of City street, highway, driveway, parkway, sidewalk or public right-of-way where stopping or parking of vehicles is prohibited.

C. “Solicitation” or “Solicit” means and includes any request, including verbal, printed or written signs and gestures, to purchase goods, property or services, or to offer, entice or purchase goods, property or services, or to seek or make contributions of money or property.

Solicitation shall be deemed complete whether or not an actual service is used, a transaction is completed, or an exchange of money or other property takes place.

11.68.030 Prohibitions.

A. No person shall engage in solicitation that requires a motor vehicle to stop in a No Stopping Zone.

B. This Chapter shall not be interpreted to relieve any person from obtaining a permit to engage in those solicitation activities governed by Chapter 5.16 of this code. ”
SECTION 2. Compliance with California Environmental Quality Act
The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
11 SECTION 3. Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 4. Effective Date
This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 5. Publication
The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once in a newspaper of general circulation printed and published within the City of Lake Forest.

PASSED AND APPROVED this ___ day of ______________ 2009.

Mark Tettemer, Mayor
ATTEST:

Sherry A.F. Wentz, CMC, City Clerk
APPROVED AS TO FORM:

By:

Scott C. Smith, City Attorney
12 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/7/2023 Agenda Item: 9C
Department: Community Development
Prepared By Adam Atamian, Deputy Community Development Director Subject:

CODE ENFORCEMENT LEGAL SERVICES
Fiscal Impact:

Adequate funds are provided in the FY 2022-23 budget. It is anticipated that revenue generated from these services will cover a significant amount of the costs incurred.

Summary:

Staff recommends that the City Council approve two professional services agreements with Civica Law Group, APC. The purpose of the agreements is to provide: (1) legal services for the Code Compliance Division, and (2) OCSD citation support services.

Background:

Since March 1, 2017, the City has utilized the services of Silver and Wright, LLP, to provide legal counsel for the Code Compliance Division. In addition, the City has also utilized their legal services for pursuing OCSD issued citations, as the primary prosecuting authority for municipal code violations. The law firm of Silver and Wright, LLP is under a reorganization. The Silver & Wright attorneys who exclusively assist the City with legal matters have started a new law firm, Civica Law Group, APC. Staff recommends retaining the expertise of these attorneys through a new contract with Civica Law Group, APC to replace the current contracts with Silver and Wright, LLP.

After reviewing the matter with the City Attorney, the firm of Civica Law Group, APC was determined the most qualified provider for these needed services. It is important to note that Best, Best & Krieger (BBK) provide City Attorney services and that their contractual responsibility remains unchanged with this recommendation. BBK will maintain the lead role of protecting the legal interests of the City. BBK has had this type of relationship with law firms such as Civica Law Group, APC, which is a critical aspect to the success of these proposed legal services.

Discussion:

Civica Law Group, APC is a law firm specializing in municipal law, code enforcement, police services, receiverships, land-use, zoning, and cost recovery. Civica Law Group, APC provides a streamlined and cost effective approach to the legal process to abating code enforcement violations while achieving full cost recovery for many of their services. With respect to OCSD citation support services, while these prosecutorial services do not have a cost recoverable element to them, continuing to pursue these citations has been a public safety benefit for the City.

Having successfully assisted the City since 2017 on legal matters concerning code enforcement efforts, such as abating nuisance properties, and prosecuting misdemeanor citations issued by CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/2/2023
powered by Legistar™ 1
Meeting Date: 3/7/2023 Agenda Item: 9C
efforts, such as abating nuisance properties, and prosecuting misdemeanor citations issued by OCSD for SCMC violations, the attorneys at Civica Law Group, APC have acquired specialized knowledge about this subject matter. Additionally, these attorneys are familiar with the unique attributes of the City’s efforts in these matters, and are capable of maintaining continuity in the provision of such legal services.

Pursuant to Policy #201-2-3, Selection of Professional Services Contractors, staff is recommending an exemption based on meeting two of the three criteria set forth in the policy that make this determination. Of the three criteria for exemption, staff feels that two of the criteria are fulfilled:

7.1.1- The project is of a critical nature and, due to time constraints, compliance with the policy requirements would jeopardize timely completion;

7.1.2- The proposed professional services provider has unique familiarity with the project, subject area, or possesses other attributes that make the professional services provider uniquely qualified to provide the services.

At this time, staff is seeking to terminate the outstanding agreement with Silver & Wright LLP for legal services and start new contracts for code enforcement legal services and OCSD citation support services with Civica Law Group, APC.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council:

1. Direct staff to terminate contract C19-80 by and between the City of San Clemente and Silver & Wright LLP, providing for code enforcement legal services.

2. Direct staff to terminate contract C19-81 by and between the City of San Clemente and Silver & Wright LLP, providing for municipal citation legal services.

3. Approve and authorize the City Manager to execute a contract with the law firm of Civica Law Group, APC for code enforcement legal services for a prorated, not-to-exceed amount of $62,000 for FY 2022-23, and renew annually each fiscal year for a not to-exceed amount of $186,000, subject to approval through the annual budget adoption.

4. Approve and authorize the City Manager to execute a contract with the law firm of Civica Law Group, APC for municipal citation legal services for a prorated, not-to-exceed amount of $33,200 for FY 2022-23, and renew annually each fiscal year for a not to-exceed amount of $99,600, subject to approval through the annual budget adoption.

Attachment:

1. Draft Professional Services Agreement for Code Enforcement Legal Services

2. Draft Professional Services Agreement for Prosecutorial Services Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/2/2023
powered by Legistar™ 2

AGREEMENT BETWEEN CIVICA LAW GROUP, APC

AND THE CITY OF SAN CLEMENTE

FOR CODE ENFORCEMENT LEGAL SERVICES

1. PARTIES AND DATE.

This agreement ("Agreement") is made and entered into on March ____, 2023 by and between the CITY OF SAN CLEMENTE ("City"), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California ("Consultant"). Consultant and the City are sometimes individually referred to herein as "Party" and collectively as "Parties." In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein.

2. RECITALS.

2.1 The City wishes to engage the services of Consultant to provide code enforcement services as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.

3. TERMS.

3.1 Scope of Services. Consultant shall provide legal advice, representation and assistance to the City regarding code enforcement matters, including criminal, civil and administrative in nature, as assigned to Consultant by City.

3.2 Responsibilities of Attorneys and Client. Consultant shall fully cooperate with the City and will keep the City and its staff informed of the status and progress of all pending matters and all legal matters of importance with which Consultant is involved. Consultant will manage and control the delivery of all legal services described hereunder in a professional, competent, and costeffective manner. The City agrees to provide all information and documentation necessary for the attorneys at Consultant to perform their obligations under this Agreement.

3.3 Compensation. For all legal services provided in this Agreement, the City will pay Consultant at the blended rate of $226 per hour for attorney representation and $140 per hour for paralegals and clerks, and such fees shall increase by three percent annually, rounded to the nearest dollar, on the first of each year to offset rising costs. The attorneys' fees to Consultant shall not exceed $62,000 for fiscal year 2022-2023, then, starting in fiscal year 2023-2024 shall not exceed $186,000 per fiscal year on a net basis without approval of the City.

3.4 Cost Reimbursement. The City shall reimburse Consultant for all out-of-pocket expenses incurred by Consultant in providing legal services under this Agreement, including charges for printing and copying expenses at $.16 for black and white copies and $.60 for color copies, postage, research, litigation costs, courier and messenger services and automobile mileage at the current IRS rate for travel on behalf of the City. However, no separate charge shall be made by Consultant for secretarial or word processing services.

ATTACHMENT 1
3 3.5 Statements and Billing. Consultant shall submit monthly invoices to the City indicating attorney fees and costs incurred for the legal services provided under this Agreement.

The monthly invoice shall describe the nature of the work performed, the attorney performing the work and the time spent for each task as well as the nature of any reimbursable expenses incurred. Upon the request of and as directed by the City, Consultant shall generate separate invoices pertaining to specific accounts, matters and/or departments. The City shall process and cause such invoices to be paid promptly, typically within thirty (30) days of receipt.

If no attorneys' fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month.

3.6 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of the attorneys at Consultant were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of the City. In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City.

3.7 Conflicts of Interest. Consultant shall comply with all applicable laws and professional rules and standards relating to any known conflict of interest involving the City and matters upon which Consultant is providing legal services under this Agreement. Consultant shall not reveal confidential information of the City except with the consent of the Board of Supervisors or as otherwise required by law. Consultant shall notify the City of any conflict of interest related to matters upon which it is providing legal services under this Agreement upon discovery of any such conflicts. In the event that such conflict is not or cannot be waived or resolved City shall retain legal counsel and Consultant shall assist and cooperate with legal counsel retained by the City on the matter for which the conflict arose.

A. Consultant represents that neither Consultant for any of its attorneys or other persons employed by Consultant have any material financial interest, direct or indirect, in any contract or decision made by or on behalf of City that may be affected by the services to be provided to City pursuant to this Agreement, other than a financial interest that is similar, in all material respects, to the interests of the general public.

B. If Consultant or an attorney or other person employed by Consultant acquires such an interest while this Agreement remains in effect, Consultant will immediately disclose such interest to the City, and the interested individual shall not participate in or influence the performance of the services to be provided to the City pursuant to this Agreement.

C. In addition to the prescriptions regarding conflicts of interest imposed on attorneys by the California Business and Professions Code, and by Rule 3-310 of the California Rules of Professional Conduct, Consultant agrees that unless waived in writing by the City, neither Consultant nor any attorney employed by Consultant shall represent clients before any board, commission, committee or department of City or represent a client adverse to City for a period of one (1) year from the date of completion of the services to be provided to City pursuant to this Agreement or the early termination of the Agreement as provided for in Section 3.10. 4 3.8 Client Files.

A. At the conclusion of this Agreement, the original client files for the work performed under this Agreement for the City shall be made available to City. Consultant will be entitled to make copies of the client files. At the conclusion of this Agreement, (whether or not City takes possession of the client files), City shall take possession of any and all original documents that may be in the client files and Consultant shall have no further responsibility with regard to such documents.

B. If City does not take possession of the client files at the conclusion of the Agreement, Consultant shall store such client files for a period of at least one (1) year. At any time after the conclusion of such one (1) year period, Consultant may send to City a notice, advising of Consultant's intention to dispose of the client files. The City shall have ninety (90) days from the date of such notice to take possession of the client files. If City does not take possession of the client files during that time, City agrees that Consultant may dispose of the client files without further notice, provided Consultant has no reason to believe that the items proposed to be destroyed are things required by law to be maintained or that would be reasonably necessary to the City to establish a right or a defense to a claim. If Consultant has reason to believe that the files contain items that are required by law to be retained or that the City will reasonably need to establish a right or a defense to a claim, Consultant will inspect the files for such items and will retain the items for the period required by law or according to the reasonably foreseeable needs of the City, at the discretion of the City Manager.

3.9 Independent Contractor. No employment relationship is created by this Agreement.

Consultant shall perform all legal services required under this Agreement as an independent contractor of the City and shall remain a wholly independent contractor of the City with only such obligations as are required under this Agreement. Neither the City, nor any of its employees, shall have any control over the manner, mode, or means by which Consultant, its agents or employees, render the legal services required under this Agreement or its internal employment or compensation decisions, except as otherwise set forth herein.

3.10 Term; Termination of Agreement. The term of this Agreement shall commence on the Effective Date set forth in this Agreement and shall continue in full force and effect until terminated as provided herein. City or Consultant may terminate this Agreement at any time, with or without cause, on thirty (30) days' written notice to the other party. In the event of such termination, Consultant shall comply with all provisions of the Rules of Professional Conduct for the termination of a client relationship and the City shall pay Consultant professional fees and costs, in accordance with this Agreement, for all services provided and costs incurred through the date of termination of this Agreement. The City agrees to execute, upon request, a stipulation in such form as to permit Consultant to withdraw as attorneys of record in any legal action then pending. Consultant shall cooperate to transition representation to a new attorney or firm in an expedient manner and make available to the City, or to counsel designated by the City, all documents and records of the legal services provided to the City and shall assist to the fullest extent possible in the orderly transition of all pending matters to the City's new counsel.

3.11 Insurance Coverage. Consultant shall carry errors and omissions insurance of not less than One Million Dollars ($1,000,000) per year in the aggregate, and any additional insurance 5 required by the State of California. Consultant shall furnish to the City proof of insurance required by this Agreement upon request, and shall notify the City of any changes to the insurance.

3.12 Amendment; Modification. This agreement may be modified through a written instrument signed by both parties or by an oral agreement to the extent it is carried out.

3.13 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.

3.14 Time of Performance; Efficiency of Services; Cooperation. The services of Consultant shall be performed expeditiously in light of the purposes of this Agreement. Consultant shall follow all procedures as established by the City consistent with its duties. Consultant shall work cooperatively with appropriate City staff and keep them informed on all matters of importance as they arise.

3.15 Non-Discrimination. In the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, marital status, age, sexual orientation, or medical condition.

3.16 Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement: (1) shall be deemed effective unless it is in writing and signed by City; (2) shall be deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) shall be deemed to constitute a continuing waiver unless the writing expressly so states.

3.17 Governing Law and Interpretation. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without regard to conflict of law principles.

The section captions and headings in this Agreement have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.

3.18 Severability. If any portion or all of this Agreement is held to be unenforceable for any reason, the remainder of that provision and the remainder of the Agreement shall remain in full force and effect.

3.19 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

To Consultant:
4000 Barranca Parkway
Suite 250, PMB #782
Irvine, CA 92604
(949) 592-0165
Attn: Chief Operating Officer
6 To City:
910 Calle Negocio
San Clemente, CA 92673
(949) 361-8200
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.20 Confidentiality. The parties agree to keep this Agreement confidential to the greatest extent permissible under the law. This Agreement is exempt from disclosure under the Public Records Act pursuant to Government Code sections 6254(k) and 6255(a), Evidence Code sections 952 and 954, and Business and Professions Code section 6149.

3.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

CITY OF SAN CLEMENTE
By: ________________________ Dated: March _____, 2023
Andy Hall
City Manager
Attest:
______________________________ Dated: March _____, 2023 City Clerk of the City of
San Clemente, California
Approved as to form only:
________________________
Scott C. Smith
City Attorney

CIVICA LAW GROUP, APC
By: ________________________ Dated: March _____, 2023
Matthew Silver
Partner
7 1

AGREEMENT BETWEEN CIVICA LAW GROUP

AND THE CITY OF SAN CLEMENTE

FOR MUNICIPAL CITATION LEGAL SERVICES

1. PARTIES AND DATE.

This agreement (“Agreement”) is made and entered into on March ____, 2023 by and between the CITY OF SAN CLEMENTE (“City”), and CIVICA LAW GROUP, APC, a California Professional Corporation engaged in the practice of law in the State of California (“Consultant”).

Consultant and the City are sometimes individually referred to herein as “Party” and collectively as “Parties.” In consideration of the mutual promises set forth herein, the parties agree to the terms of this Agreement as set forth herein.

2. RECITALS.

2.1 The City wishes to engage the services of Consultant to provide municipal citation support services as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.

3. TERMS.

3.1 Scope of Services. Consultant shall provide legal advice, representation and assistance to the City regarding Orange County Sheriff’s Department or City issued criminal citations based on the municipal code, and shall act as the primary prosecuting authority on the City’s behalf for municipal code violations. Consultant shall report on a regular basis to the City regarding the status and dispositions of cases referred to Consultant.

3.2 Responsibilities of Attorneys and Client. Consultant shall fully cooperate with the City and will keep the City and its staff informed of the status and progress of all pending matters and all legal matters of importance with which Consultant is involved. Consultant will manage and control the delivery of all legal services described hereunder in a professional, competent, and cost-effective manner. The City agrees to provide all information and documentation necessary for the attorneys at Consultant to perform their obligations under this Agreement.

3.3 Compensation. For all legal services provided in this Agreement, the City will pay a flat fee to Consultant in the amount of $33,200 for fiscal year 2022-2023, which shall be paid in equal monthly installments. Starting in fiscal year 2023-2024 the City will pay a flat fee to Consultant in the amount of $99,600 per fiscal year, which shall be paid in equal monthly installments. Such compensation excludes services for trials and writs/appeals, given their unpredictable and unforeseeable nature, and shall exclude costs as provided in Section 3.4, which shall be reimbursed separately by or directly paid by the City.

Consultant’s employment and compensation is in no way contingent on any result or outcome, or its exercise of its prosecutorial discretion in determining whether or how to file cases referred to it or prosecutions or dispositions thereof. Consultant cannot and does not represent, promise or guarantee any particular outcome. Consultant shall correspond closely with, receive ATTACHMENT 2
8 2
direction and input, to the extent provided by law, from, and provide regular updates to appropriate City staff on matters handled by the Consultant.

3.4 Cost Reimbursement. The City shall reimburse Consultant for all out-of-pocket expenses incurred by Consultant in providing legal services under this Agreement, including charges for printing and copying expenses at $.16 for black and white copies and $.60 for color copies, postage, research, litigation costs, courier and messenger services and automobile mileage at the current IRS rate for travel on behalf of the City. However, no separate charge shall be made by Consultant for secretarial or word processing services. Consultant does not and agrees not to mark-up such out-of-pocket costs.

3.5 Statements and Billing. Consultant shall submit monthly invoices to the City indicating attorney fees and costs incurred for the legal services provided under this Agreement.

The monthly invoice shall describe the nature of the work performed, the attorney performing the work and the time spent for each task as well as the nature of any reimbursable expenses incurred.

Upon the request of and as directed by the City, Consultant shall generate separate invoices pertaining to specific accounts, matters and/or departments. The City shall process and cause such invoices to be paid promptly, typically within thirty (30) days of receipt. If no attorneys’ fees or costs are incurred for a particular month, or if they are minimal, the statement may be held and combined with that for the following month.

3.6 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of the attorneys at Consultant were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other person or entity to perform, in whole or in part, the legal services required under this Agreement without the written approval of the City. In addition, neither this Agreement, nor any interest herein, may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily, or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the City.

3.7 Conflicts of Interest. Consultant shall comply with all applicable laws and professional rules and standards relating to any known conflict of interest involving the City and matters upon which Consultant is providing legal services under this Agreement. Consultant shall not reveal confidential information of the City except with the consent of the Board of Supervisors or as otherwise required by law. Consultant shall notify the City of any conflict of interest related to matters upon which it is providing legal services under this Agreement upon discovery of any such conflicts. In the event that such conflict is not or cannot be waived or resolved City shall retain legal counsel and Consultant shall assist and cooperate with legal counsel retained by the City on the matter for which the conflict arose.

A. Consultant represents that neither Consultant for any of its attorneys or other persons employed by Consultant have any material financial interest, direct or indirect, in any contract or decision made by or on behalf of City that may be affected by the services to be provided to City pursuant to this Agreement, other than a financial interest that is similar, in all material respects, to the interests of the general public.

B. If Consultant or an attorney or other person employed by Consultant acquires such an interest while this Agreement remains in effect, Consultant will immediately disclose such interest to the City, and the interested individual shall not participate in or influence 9 3
the performance of the services to be provided to the City pursuant to this Agreement.

C. In addition to the prescriptions regarding conflicts of interest imposed on attorneys by the California Business and Professions Code, and by Rule 3-310 of the California Rules of Professional Conduct, Consultant agrees that unless waived in writing by the City, neither Consultant nor any attorney employed by Consultant shall represent clients before any board, commission, committee or department of City or represent a client adverse to City for a period of one (1) year from the date of completion of the services to be provided to City pursuant to this Agreement or the early termination of the Agreement as provided for in Section 3.10.

3.8 Client Files.

A. The City hereby requests and consents to the transfer of all files to Consultant for matters referred by City to Consultant. At the conclusion of this Agreement, the original client files for the work performed under this Agreement for the City shall be made available to City. Consultant will be entitled to make copies of the client files. At the conclusion of this Agreement, (whether or not City takes possession of the client files), City shall take possession of any and all original documents that may be in the client files and Consultant shall have no further responsibility with regard to such documents.

B. If City does not take possession of the client files at the conclusion of the Agreement, Consultant shall store such client files for a period of at least one (1) year. At any time after the conclusion of such one (1) year period, Consultant may send to City a notice, advising of Consultant’s intention to dispose of the client files. The City shall have ninety (90) days from the date of such notice to take possession of the client files. If City does not take possession of the client files during that time, City agrees that Consultant may dispose of the client files without further notice, provided Consultant has no reason to believe that the items proposed to be destroyed are things required by law to be maintained or that would be reasonably necessary to the City to establish a right or a defense to a claim. If Consultant has reason to believe that the files contain items that are required by law to be retained or that the City will reasonably need to establish a right or a defense to a claim, Consultant will inspect the files for such items and will retain the items for the period required by law or according to the reasonably foreseeable needs of the City, at the discretion of the City Manager.

3.9 Independent Contractor. No employment relationship is created by this Agreement.

Consultant shall perform all legal services required under this Agreement as an independent contractor of the City and shall remain a wholly independent contractor of the City with only such obligations as are required under this Agreement. Notwithstanding the foregoing, for purposes of any legal claims against Consultant arising from its provision of services to the City pursuant to this Agreement, Consultant shall be entitled to all defenses provided by law to City officials and prosecutors, and to City’s statutory duties to the office of the city prosecutor pursuant to Government Code section 825 for providing a defense, hold harmless, and full indemnity to Consultant for actions within the scope of its engagement hereunder. This shall not in any way create a duty for the City for actions or claims arising solely from Consultant’s willful negligence.

Neither the City, nor any of its employees, shall have any control over the manner, mode, or means by which Consultant, its agents or employees, render the legal services required under this Agreement or its internal employment or compensation decisions, except as otherwise set forth herein, or as required by law. Because Consultant shall serve as the City’s municipal code 10 4
prosecutor, and as required by law, City acknowledges and agrees that Consultant’s determinations with regard to prosecution of cases referred to it and outcomes of such prosecutions shall not affect Consultant’s retention by City; this Agreement shall not in any way be affected by outcomes of cases referred to Consultant pursuant to this Agreement.

3.10 Term; Termination of Agreement. The term of this Agreement shall commence on the Effective Date set forth in this Agreement and shall continue in full force and effect until terminated as provided herein. City or Consultant may terminate this Agreement at any time, with or without cause, on thirty (30) days’ written notice to the other party. In the event of such termination, Consultant shall comply with all provisions of the Rules of Professional Conduct for the termination of a client relationship and the City shall pay Consultant professional fees and costs, in accordance with this Agreement, for all services provided and costs incurred through the date of termination of this Agreement. The City agrees to execute, upon request, a stipulation in such form as to permit Consultant to withdraw as attorneys of record in any legal action then pending. Consultant shall cooperate to transition representation to a new attorney or firm in an expedient manner and make available to the City, or to counsel designated by the City, all documents and records of the legal services provided to the City and shall assist to the fullest extent possible in the orderly transition of all pending matters to the City’s new counsel.

3.11 Insurance Coverage. Consultant shall carry errors and omissions insurance of not less than One Million Dollars ($1,000,000) per year in the aggregate, and any additional insurance required by the State of California. Consultant shall furnish to the City proof of insurance required by this Agreement upon request, and shall notify the City of any changes to the insurance.

3.12 Amendment; Modification. This agreement may be modified through a written instrument signed by both parties or by an oral agreement to the extent it is carried out.

3.13 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.

3.14 Time of Performance; Efficiency of Services; Cooperation. The services of Consultant shall be performed expeditiously in light of the purposes of this Agreement. Consultant shall follow all procedures as established by the City consistent with its duties. Consultant shall work cooperatively with appropriate City staff and keep them informed on all matters of importance as they arise, in addition to regular status updates on cases referred to Consultant.

3.15 Non-Discrimination. In the performance of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, marital status, age, sexual orientation, or medical condition.

3.16 Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement: (1) shall be deemed effective unless it is in writing and signed by City; (2) shall be deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy; or (3) shall be deemed to constitute a continuing 11 5
waiver unless the writing expressly so states.

3.17 Governing Law and Interpretation. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without regard to conflict of law principles. The section captions and headings in this Agreement have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.

3.18 Severability. If any portion or all of this Agreement is held to be unenforceable for any reason, the remainder of that provision and the remainder of the Agreement shall remain in full force and effect.

3.19 Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

To Consultant:
4000 Barranca Parkway
Suite 250, PMB #782
Irvine, CA 92604
(949) 592-0165
Attn: Chief Operating Officer
To City:
910 Calle Negocio
San Clemente, CA 92673
(949) 361-8200
Attn: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.20 Confidentiality. The parties agree to keep this Agreement confidential to the greatest extent permissible under the law. This Agreement is exempt from disclosure under the Public Records Act pursuant to Government Code sections 6254(k) and 6255(a), Evidence Code sections 952 and 954, and Business and Professions Code section 6149.

3.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[Signatures continue on following page]
12 CITY OF SAN CLEMENTE
By: ________________________ Dated: March _____, 2023
Andy Hall
City Manager
Attest:
______________________________ Dated: March _____, 2023 City Clerk of the City of
San Clemente, California
Approved as to form only:
________________________
Scott C. Smith
City Attorney

CIVICA LAW GROUP, APC
By: ________________________ Dated: March _____, 2023
Matthew Silver
Partner
13 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/7/2023 Agenda Item: 9D
Department: City Manager
Prepared By Scott Smith, City Attorney
Subject:

CODE CLEANUP ORDINANCE REGARDING CITY MANAGER AUTHORITY TO DISPOSE OF

CLAIMS AGAINST THE CITY
Fiscal Impact:

No fiscal impact is anticipated from this action
Summary:

This code cleanup ordinance addresses some ambiguity in the Municipal Code’s delegation of authority to the City Manager to deny or compromise claims against the City with a later-adopted, but inconsistent Council Resolution.

Background:

State law allows the City Council to delegate the authority to dispose of claims against the City. This authority is important in order to respond expeditiously to recommendations from the City’s Joint Powers Insurance Authority and to meet the short statutory deadlines for the City to reject claims.

San Clemente Municipal Code Section 2.08.090 contains a delegation of this authority to the City Manager up to $10,000, yet a subsequently adopted City Council resolution caps that authority at $30,000. The purpose of this code cleanup ordinance is to reconcile that ambiguity by providing for Council’s setting of that delegated authority by Council resolution.

Discussion:

Adoption of this ordinance would clarify that the Council intends the $30,000 cap to apply and would allow the Council to adjust this cap in the future without the more cumbersome and time-consuming process of amending the Municipal Code by Ordinance.

Recommended Actions:

Staff Recommendation
Introduce Ordinance No. 1749 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 2.08.090 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE CITY MANAGER’S AUTHORITY TO DISPOSE OF CLAIMS

AGAINST THE CITY
Attachment:

1. Draft Ordinance 1749

2. Resolution 07-78
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/2/2023
powered by Legistar™ 1
Meeting Date: 3/7/2023 Agenda Item: 9D
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/2/2023
powered by Legistar™ 2
ATTACHMENT 1
ORDINANCE NO. 1749

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA AMENDING SECTION

2.08.090 OF THE SAN CLEMENTE MUNICIPAL CODE
RELATING TO THE CITY MANAGER’S AUTHORITY TO

DISPOSE OF CLAIMS AGAINST THE CITY
WHEREAS, Section 2.08.090 of the San Clemente Municipal Code sets forth, inter alia, the additional powers and duties of the City Manager; and WHEREAS, Subdivision (R) of Section 2.08.090, “Allowance and Settlement of Claims,” delegates to the City Manager or designee the authority to deny and/or compromise claims of up to $10,000; and
WHEREAS, the City Council, by Section 1 of Resolution No. 07-78, authorized the City Manager to take any administrative actions necessary to resolve claims against the City up to a cap of $30,000; and
WHEREAS, the City Council desires to reconcile this discrepancy by amending the Municipal Code to allow the Council to set this claims disposition authority by resolution of the City Council; and
WHEREAS, this action will reconcile SCMC Section 2.08.090 and Resolution No. 07-78 allow the Council to adjust this cap in the future more efficiently without the more cumbersome and time-consuming process of amending the Municipal Code.

NOW, THEREFORE, the City Council of the City of San Clemente does ordain as follows:

The recitals above are each incorporated by reference and adopted as findings by the City Council.

Subdivision (R) of Section 2.08.090, “Same—Additional powers and duties,” of the San Clemente Municipal Code is hereby amended in its entirety to read as follows:
“2.08.090 – Same—Additional powers and duties.
. . .

R. Allowance and Settlement of Claims. Allowance and
Settlement of Claims. The City Manager or his or her designee shall review all claims filed against the City, its officers, agents or employees pursuant to Government Code Section 900, et seq. The City Manager or his or her designee shall have the authority to deny claims and to compromise any claim by payment of an amount not greater than ten thousand dollars ($10,000.00) up to the amount approved by resolution of the City Council. The City Manager shall periodically report to the 3 City Council regarding the status of all claims which have been denied or compromised.”
The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code Section 36933.

The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

If any provision of this ordinance or its application to any person or circumstance is held invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this resolution irrespective of the invalidity of any portion thereof.

This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED AND ADOPTED this _____ day of _____, 2023.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
4 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby
certify that Ordinance No. _______ having been regularly introduced at the meeting of __________ __, 2023, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____ day of ____, 2023, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of __________, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________

CITY ATTORNEY
55452.01100\41059964.1
5 ATTACHMENT 2
6 7

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 3/7/2023 Agenda Item: 11A(1)
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

RESIGNATION OF RYAN BOURQUE FROM THE INVESTMENT ADVISORY COMMITTEE Fiscal Impact:

None.

Summary:

Ryan Bourque submitted his resignation from the Investment Advisory Committee due to the fact that he is moving out of San Clemente. Mr. Bourque’s term on the Investment Advisory Committee was set to expire in June 2024.

The Investment Advisory Committee consists of five members. All members of the Investment Advisory Committee must be San Clemente citizens, with the exception of the Industry Specialist representative, who is not required to reside in San Clemente. The City Council appoints two San Clemente citizens and one Council member to serve on the Committee. The Committee also consists of the City Treasurer, who serves as Chair of the Committee, as well as one industry specialist appointed by the City Treasurer.

In April of each year, Staff brings a report to Council to set interviews and appointment dates for all of its Commissions and Committees. The interviews are typically set for early June, with appointments taking effect July 1.

At this time, Council has the discretion to either direct Staff to solicit applications to fill the remainder of Mr. Bourque’s term on the Investment Advisory Committee, or advertise for the position when the City seeks applications for all Commissions and Committees. The next Investment Advisory Committee meeting is April 24, 2023, and then the Committee does not meet again until July.

Recommended Actions:

Staff Recommendation
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 3/1/2023
powered by Legistar™

1. Accept the resignation of Ryan Bourque from the Investment Advisory Committee, with regret.

2. Provide direction to staff on whether to solicit applications to fill the remainder of Mr. Bourque's term (June 2024) or to leave the position vacant, and advertise for the position when the City seeks applications for all of its Commissions and Committees in April.

Meeting Date: 3/7/2023 Agenda Item: (1)
Attachment:

None.

Notification:

Charlie Smith, City Treasurer
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 3/1/2023
powered by Legistar™