San Clemente City Council
September 3, 2024

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INVOCATION
Pastor John Randall, Calvary South OC, gave the invocation.

PLEDGE OF ALLEGIANCE
Mayor Cabral led the Pledge of Allegiance.

1. Special Presentations
A. Humanitarian Award
The City Council with Tyler Boden, Human Affairs Committee, presented San Clemente High School students Grace Pratt and Kylie Marcisz with the Humanitarian Award in recognition of their service and dedication to the community.

B. Civica Law Group Update
Matt Silver, City Prosecutor, Civica Law Group, narrated a PowerPoint presentation entitled “Code Compliance and Orange County Sheriff’s Department Legal Support Report- 2023/2024” and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

2. Council Member Reports
Mayor Pro Tem Enmeier reported:
· Welcomed students back on the first day of school at San Clemente High School, August 20, 2024.
· Attended the San Clemente Beach Concert on August 8, 2024. · Attended the Junior Lifeguard Award Ceremony on August 9, 2024. · Participated in the Junior Lifeguard pier jump; did a boat tour with the State Lifeguards on August 9, 2024.
· Attended the San Clemente Homeless Collaborative meeting on August 12, 2024 with the iHope organization.

Councilmember Knoblock reported:
· Announced that the OC Vector Control District is reporting that the County of Orange is faring well regarding the control of the mosquito population and associated diseases.
· Attended the Junior Lifeguard Award Ceremony on August 9, 2024. · Attended Assemblywoman Davies event to recognize first responders.

Councilmember Loeffler reported:
· Commented on the Success of the Chamber of Commerce 69th Annual Fiesta Music Festival held on August 11, 2024.
· Attended the Junior Lifeguard Award Ceremony on August 9, 2024. · Participated in the Junior Lifeguard pier jump; did a boat tour with the State Lifeguards on August 9, 2024.

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· Attended the San Clemente Homeless Collaborative meeting on August 12, 2024 with the iHope organization.
· Recognized the Park Rangers for their hard work and observation in interrupting a possible crime in progress.

Councilmember Duncan reported:
· Announced that the Orange County Fire Authority received two new Fire Hawk helicopters which will aid in fighting wildfires within the County.

Mayor Cabral reported:
· Announced an upcoming meeting with the Orange County Transportation Authority concerning the potential expansion of the toll road through San Clemente, expanding Los Patrones Parkway and sand replenishment on City beaches.
· Met with Ken Calvert, Congressman and Chairman of the Defense Appropriations Subcommittee, concerning projects in San Clemente. · Met with the University of California, Irvine's Magnus Egerstedt, Dean of Engineering, and Brett Sanders, Chancellor's Professor, regarding potential student projects to assist the City of San Clemente with sand replenishment. · Attended the Junior Lifeguard Award Ceremony on August 9, 2024. · Attended Assemblywoman Davies First Responders and Law Enforcement Appreciation Celebration on August 9, 2024.
· Announced that he did not attend Senator Nguyen’s California Surf Day event on August 12, 2024, which was previously agendized for approval of travel.

3. Oral Communications (Part 1)
Amanda Quintanilla commented on the Orange County Transportation Authority (OCTA) regarding toll roads through San Clemente and HOV lanes on Interstate 5; opined that the City needs a transportation subcommittee.

Nancy McIntyre, iHope, commented on the services iHope offers the community; urged the City to provide additional resources to address homelessness.

Suzie Lantz, San Clemente Chamber of Commerce, provided an update on upcoming Chamber of Commerce events, including a barbecue hosted for the City's adopted Marine Corps Unit 2nd Battalion 4th Marines.

David McCombs, San Clemente, expressed concerns regarding the overgrowth of thistle in San Clemente open space as it relates to Coyotes encroaching on neighborhoods.

Warren Vidrine, San Clemente, commented on the actions taken by Grants Pass, Oregon to address homelessness; urged the City Council to take similar action to Grants Pass, Oregon to address homelessness in San Clemente.

Angela Watts expressed concerns regarding the stabbing incident at Max Berg

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Plaza Park; urged the City Council to take additional steps to address gang related violence.

Donna Vidrine, Citizens Climate Lobby, opined on the potential health and monetary benefits for residents by converting appliances and vehicles to electric.

Lois McNicoll suggested that the City Council should engage with residents at the City Council meetings; expressed concerns regarding access to the San Onofre beach.

Louise Herbert commented that Councilmember Loeffler had previously indicated that he did not intend to run for a seat on the City Council when he was appointed to the City Council and is now a candidate for the City Council for District 3.

Brian Pitt, San Clemente, expressed concerns regarding Catarina's restaurant; urged the City to enforce the Conditional Use Permit for Caterina's restaurant.

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

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

5. Consideration of agendizing items requiring immediate action Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 5-0, to discuss the following in Closed Session:

Case Name: Zhen Wu v. Bob Page, Orange County Registrar of Voters; Laura Camapagnolo, San Clemente City Clerk, Orange County Superior Court Case No. 90-2024-01419457-CU-WM-CJC.

The City Council placed this item on the agenda as item 14B(2). 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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
For a summary of action on this item please reference page 15.

6. Closed Session Report - City Attorney
City Attorney Mitchell announced that the following action was taken in Closed Session:

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Direction given; no reportable action concerning:

Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC.

Direction given; no reportable action concerning:

Gene James v. City of San Clemente, Orange County Superior Court Case No. 30-2024-0143140-CU-OE-CJC.

7. Staff Communications
None.

8. Public Hearings
None.

9. Unfinished Business
None.

10. New Business
10A. SIDEWALK VENDING ENFORCEMENT AND IMPOUNDMENT PRACTICES REVIEW
Code Compliance Manager Sorahan and Community Development Director Atamian narrated a PowerPoint presentation entitled "Sidewalk Vending Enforcement and Impoundment Practices Review" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Matt Silver, City Prosecutor, Civica Law Group, responded to City Council inquiries.

Suzanne Ruiz expressed concerns regarding health and safety of sidewalk vending.

Louise Herbert expressed concerns regarding political pop-up sidewalk vendors; opined that the vendors should be required to remit taxes to the City on their sales.

Motion by Councilmember Knoblock, second by Councilmember Duncan, CARRIED 5-0, to continue enforcement practices and continue to monitor sidewalk vendors and report back to the City Council in two months.

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

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Meeting Recessed
Meeting recessed at 7:50 p.m. and reconvened at 7:56 with all Councilmembers present.
10B. INTRODUCTION (FIRST READING) OF AN ORDINANCE REGULATING THE

OPERATION AND USE OF ELECTRIC BICYCLES AND OTHER ELECTRIC

TRANSPORTATION DEVICES AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Code Compliance Manager Sorahan and Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

Police Services Captain Christian responded to City Council inquiries.

Matt Silver, City Prosecutor, Civica Law Group, responded to City Council inquiries.

Sarah Schneider opined that the City should have a "Scared Straight" style of video for electric bicycles; suggested that the City distribute informational fliers through the schools.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to introduce Ordinance No. 1778 entitled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 10 - VEHICLES AND TRAFFIC, ADDING CHAPTER 10.62 TO ESTABLISH REGULATIONS FOR

THE OPERATION AND USE OF ELECTRIC BICYCLES AND OTHER FORMS

OF ELECTRIC TRANSPORTATION AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; with the following modification to Section 10.62.040 - Enforcement and Penalties subsection A. Responsibility of Parent, to read as follows: A. Responsibility of Parent. Each parent or legal guardian having custody and control of a minor who violates this Chapter shall be jointly and severally liable with such minor for such violation.

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

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10C. INTRODUCE (FIRST READING) AN ORDINANCE TO AMEND CHAPTERS

8.86 AND 12.18 OF THE SAN CLEMENTE MUNICIPAL CODE (RELATING TO

PUBLIC CAMPING AND PUBLIC STORAGE OF PERSONAL PROPERTY) TO

ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS
PASS, OREGON V. JOHNSON, ET AL
Community Development Director Atamian and Matt Silver, City Prosecutor, Civica Law Group, reviewed the contents of the Administrative Report and responded to City Council inquiries.

Amanda Quintanilla spoke in support of Ordinance No. 1779.

Tom Streeter opined that the City should allow a location for homeless individuals to sleep overnight.

Lois McNicoll opined on the resources available to homeless individuals; spoke in support of Ordinance No. 1779.

Sarah Schneider spoke in support of Ordinance No. 1779; opined that additional long term services should be made available to homeless individuals.

Donna Vidrine, San Clemente Homeless Collaborative, commented on service resistant homeless individuals.

Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to introduce Ordinance No. 1779 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE,
CALIFORNIA, AMENDING CHAPTERS 8.86 AND 12.18 OF THE SAN

CLEMENTE MUNICIPAL CODE RELATING TO PUBLIC CAMPING AND

PUBLIC STORAGE OF PERSONAL PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V.

JOHNSON, ET AL. (2024) 144 S.Ct. 2202 AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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

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10D. CONSIDERATION OF A RESOLUTION APPROVING AND ADOPTING THE 2024-2028 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

SAN CLEMENTE AND THE SAN CLEMENTE CITY EMPLOYEES

ASSOCIATION FOR FULL-TIME BENEFITED EMPLOYEES AND ADOPTION

OF REVISED CITY OF SAN CLEMENTE EMPLOYEE SALARY SCHEDULE Administrative Services Director Brower reviewed the contents of the Administrative Report and responded to City Council inquiries.

Mayor Cabral made the following disclosure:

If adopted, Resolutions Nos. 24-127 and 24-128 would approve annual salary increases of 3.5%, 3%, 3%, and 2.5% over the four-year period beginning with FY 2024-25 and would provide for fringe benefits in the form of a monthly City contribution amount based on 85% of the average of health plans CalPERS makes available to the City, at the appropriate level of coverage selected by the employee, for all benefitted full time City employees, including the executive management team and the City Manager, as well as approving a revised salary schedule related thereto, all effective September 2, 2024.

Motion by Councilmember Loeffler, second by Councilmember Duncan, CARRIED 5-0, to:

1. Adopt Resolution No. 24-127 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING, ADOPTING, AND AUTHORIZING THE MAYOR TO EXECUTE THE 2024-2028

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN

CLEMENTE AND THE SAN CLEMENTE CITY EMPLOYEES ASSOCIATION

FOR THE CITY OF SAN CLEMENTE FULL-TIME BENEFITED EMPLOYEES

AND APPROVING THE SAME LEVEL OF SALARY INCREASES AND

BENEFITS FOR NON-REPRESENTED EXECUTIVE, MID-MANAGER, AND CONFIDENTIAL EMPLOYEE GROUPS.

2. Adopt Resolution No. 24-128 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING A

REVISED SALARY SCHEDULE WHICH INCLUDES IMPLEMENTATION OF

EXECUTIVE LEVEL SALARY INCREASES AND AMENDING RESOLUTION NO. 24-94 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

3. Approve, and authorize the Mayor to execute, Contract No. C24-48, the 2024 -2028 Memorandum of Understanding (MOU), and adopting a revised salary schedule.

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

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11. Consent Calendar
A. City Council Minutes
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 6, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to receive and file the following:
(1) COASTAL ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF JANUARY 18, 2024.
(2) COASTAL ADVISORY COMMITTEE ADJOURNED REGULAR MEETING MINUTES OF MARCH 21, 2024.
(3) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF APRIL 29, 2024.
(4) COASTAL ADVISORY COMMITTEE ADJOURNED REGULAR MEETING MINUTES OF MAY 16, 2024.
(5) BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF JUNE 11, 2024.
(6) PLANNING COMMISSION SPECIAL MEETING MINUTES OF JULY 24, 2024. (7) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF AUGUST 1, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
C. Warrant Register
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3087 THROUGH 3090 AND WARRANT NOS.
589234 THROUGH 589398, PAID ON
7-26-24, IN THE AMOUNT OF $5,216,984.13
TOTAL WARRANT REGISTER $5,216,984.13
AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None

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Payroll Register
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to approve the following:

WARRANT NOS. 940 THROUGH 943 AND
AUTOMATIC DEPOSIT ADVISES 95886
THROUGH 96279, FOR THE PERIOD
7-8-24 THROUGH 7-21-24, PAID
ON 7-26-24, IN THE AMOUNT OF $590,767.37
TOTAL PAYROLL REGISTER $590,767.37
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11D. CONSIDERATION OF A RESOLUTION APPROVING A SECOND

AMENDMENT TO A LEASE WITH TWO OPTIONS WITH GLAUKOS

CORPORATION FOR THE CITY OWNED LAND LOCATED ON AVENIDA
FABRICANTE (APN 690-661-09)
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-129, which will:

1. Approve the Second Amendment to the Standard Industrial/Commercial Land Lease Agreement - Gross Between City and Glaukos Corporation, provided as Attachment 1, Exhibit A, for the lease of the unimproved land located at Avenida Fabricante (APN 690-661-09).

2. Approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C15-67, the lease agreement, by and between the City of San Clemente and Glaukos Corporation, for the lease of the unimproved land located at Avenida Fabricante (APN 690-661-09).

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

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11E. CONSIDERATION OF A RESOLUTION APPROVING A FIVE-YEAR LEASE

WITH TWO THREE-YEAR OPTIONS FOR THE CITY OWNED COMMERCIAL BUILDING LOCATED AT 1030 CALLE NEGOCIO (APN 688-142-35) AND

APPROVING A SUPPLEMENTAL APPROPRIATION FOR BROKER

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

Adopt Resolution No. 24-130, which will:

1. Approve the five-year lease agreement, provided as Exhibit A of Attachment 1, for the lease to XLR8 EMS, LLC of 1030 Calle Negocio.

2. Approve, and authorize the City Manager to execute, Contract No. C24-45, the lease agreement, by and between the City of San Clemente and XLR8 EMS, LLC, for the lease of 1030 Calle Negocio, for a base rent of $16,081 per month for the first year, with 3% increases annually, and two three-year options to renew at market rental rate, and including the commission for consultant real estate services not to exceed 6% of the gross lease revenues.

3. Accept revenues in the amount of $112,567 for FY 2025 in Account No. 001- 000-36253 - Negocio Lease Revenues.

4. Approve a supplemental appropriation in the amount of $61,470 to Account No. 001-151-43605 - Broker Commissions.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11F. CONSIDERATION OF A RESOLUTION APPROVING THE PURCHASE OF WATER METERS FOR FISCAL YEAR 2025 FROM FERGUSON

WATERWORKS AND METRON-FARNIER AS SOLE SOURCE VENDORS,

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-131, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve the purchase of water meters from Ferguson Waterworks as a sole source vendor based on the attached fixed price quote.

3. Approve the purchase of water meters from Metron-Farnier as a sole source

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vendor based on the attached fixed price quote.

4. Approve the expenditure for water meter purchases for Fiscal Year 2024-25 for a total amount not to exceed $122,070.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11G. CONSIDERATION OF A RESOLUTION AWARDING A CONTRACT TO CABCO YELLOW, INC. FOR SENIOR MOBILITY PROGRAM

TRANSPORTATION SERVICES, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-132, which will:

1. Award a Professional Services Agreement to Cabco Yellow, Inc. dba California Yellow Cab (CYC).

2. Approve, and authorize the City Manager to execute, Contract No. C24-46, by and between the City of San Clemente and Cabco Yellow, Inc., providing for the Senior Mobility Program Transportation Services, in an amount not to exceed $300,000, with two optional one year extensions not to exceed $100,000, exercisable by the City Manager’s discretion.

3. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines (Existing Facilities, 14 CCR Section 15301).

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Councilmember Loeffler returned to the dais at 9:08 p.m.

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11I. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT “TALKING TRASH: RECYCLABLES AND ORGANIC WASTE”
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

1. Adopt Resolution No. 24-134 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

RESPONSE TO FINDINGS AND RECOMMENDATIONS IN THE REPORT OF THE ORANGE COUNTY GRAND JURY - ‘TALKING TRASH: RECYCLABLES AND ORGANIC WASTE’.

2. Authorize the Mayor to execute, and direct staff to submit a letter in response to the findings and recommendations noted in the report by submitting a letter to the Presiding Judge of the Superior Court by September 8, 2024 in substantially the same form as attached to the Resolution as Exhibit A.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11J. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT “EMERGING OPPORTUNITIES IN SOUTH COUNTY WATER/WASTEWATER SYSTEMS”
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

1. Adopt Resolution No. 24-135, entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

RESPONSE TO FINDINGS AND RECOMMENDATIONS IN THE REPORT OF THE ORANGE COUNTY GRAND JURY - ‘EMERGING OPPORTUNITIES IN SOUTH COUNTY WATER/WASTEWATER SYSTEMS’.

2. Authorize the Mayor to execute, and direct staff to submit a letter in response to the findings and recommendations noted in the report by submitting a letter to the Presiding Judge of the Superior Court by September 19, 2024 in substantially the same form as attached to the Resolution as Exhibit A.

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

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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
11H. CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO BEAR ELECTRICAL SOLUTIONS, INC. FOR CAMINO
CAPISTRANO CROSSWALK IMPROVEMENTS, CIP PROJECT NO. 15321,

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Councilmember Loeffler recused on this item due to living within 500 feet of the project and left the dais and exited the room at 9:05 p.m.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 4-0 (Councilmember Loeffler Recused), to:

Adopt Resolution No. 24-133, which will:

1. Find the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Camino Capistrano Crosswalk Improvements, CIP Project No. 15321, contract to Bear Electrical Solutions, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24-47, by and between the City of San Clemente and Bear Electrical Solutions, Inc., providing for the Camino Capistrano Crosswalk Improvements, in an amount not to exceed $74,338, in a form substantially similar to Contract No. C24-47 (Attachment 3).

4. Approve a 15% construction contingency of $11,150.70 for this project.

AYE: Duncan, Enmeier, Knoblock and Mayor Cabral
NOE: None
RECUSED: Loeffler

12. Oral Communications (Part 2)
None.

13. Future Agenda Items
The City Council requested confidential memos concerning the following items:

1. Max Berg Plaza Park safety and crime reduction.

2. Security concerns at Old City Hall (100 Avenida Presidio)

3. Procedure update on Caterina’s (restaurant in the Pier Bowl).

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14. Reports
A. Commissions and Committees
None.

B. Council Subcommittee Updates
None.

B(2). Writ of Mandate (Agendized Item Requiring Immediate Action) This item was previously agendized please reference page 4 for a summary of action.

Zhen Wu commented on the writ of mandate he filed against the City concerning Sarah Schneider's ballot designation.

Sarah Schneider commented on the writ of mandate filed regarding her ballot designation.

Motion to recess to Closed Session at 9:16 p.m. to discuss the following:

Case Name: Zhen Wu v. Bob Page, Orange County Registrar of Voters; Laura Camapagnolo, San Clemente City Clerk, Orange County Superior Court Case No. 90-2024-01419457-CU-WM-CJC.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 9:27 p.m. and the Regular Business meeting reconvened with all Counilmembers present.

C. City Attorney
City Attorney Mitchell reported that the City Council gave direction to file an appropriate response with the court concerning:

Case Name: Zhen Wu v. Bob Page, Orange County Registrar of Voters; Laura Camapagnolo, San Clemente City Clerk, Orange County Superior Court Case No. 90-2024-01419457-CU-WM-CJC.

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D. City Manager
City Manager Hall announced that he executed the following contracts under his signature authority:

1. Chambers Group, Inc. providing for the North Beach Opportunistic Sand in the amount of $15,943.

2. Hinderliter, De Llamas and Associates providing for Sales Tax Auditing in the amount of $6,000.

15. Adjournment
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to adjourn at 9:30 p.m. The next Regular Meeting will be held on September 3, 2024. 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: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 3, 2024 Agenda Item: (1)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF AUGUST 21, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
231
These minutes will be considered for approval at the Planning Commission meeting of 09-04-2024.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
August 21, 2024 @ 6:00 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org

CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:00 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.

2. PLEDGE OF ALLEGIANCE
Commissioner Prescott-Loeffler led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell; Scott McKhann; Vice Chair M. Steven Camp; Karen Prescott-Loeffler; Chair Pro Tem Gary P. McCaughan, M.D., Chair Cameron Cosgrove
Commissioners Absent: Brent Davis
Staff Present: Jonathan Lightfoot, City Planner
Gena Burns, Deputy City Attorney
Zachary Ponsen, Assistant City Engineer
John Ciampa, Contract Planner
Tamara Tatich, Office Specialist
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.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.

5. MINUTES
A. Receive and file Minutes from the Planning Commission Special Meeting of July 24, 2024.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER CRANDELL, AND CARRIED 6-1-1, CHAIR PRO TEM MCCAUGHAN ABSTAINING AND 232
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 2 COMMISSIONER DAVIS ABSENT, to receive and file the minutes from the Planning Commission Regular Meeting of July 24, 2024.

6. ORAL AND WRITTEN COMMUNICATION
Brian Pitt discussed the development of a property, including a public benefit courtyard across from the Pier and indicated opposition to the upcoming request for a zoning change for Caterina’s located at 614 Avenida Victoria in the Pier Bowl area.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Continued Public Hearing Project (PHP) 24-187, Sunset Shores Façade Remodel Permit Amendment, 410 Corto Lane
A continued public hearing item for the Planning Commission to consider a request for an amendment to Development Permit (DP) 23-415 for exterior improvements, including a height increase for faux roof extensions, façade improvements, and architectural embellishments, to an existing 18-unit condominium building located at 410 Corto Lane within the Pier Bowl Specific Plan and the Architectural (A) Overlay District.

The Planning Commission will also consider whether the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).

City Planner Lightfoot discussed the applicant’s request to continue the item and requested the hearing be continued to October 2, 2024.

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO CONTINUE THE HEARING TO OCTOBER 2, 2024.

B. Continued Public Hearing Project (PHP) 23-262, Hotel San Clemente and Loretta’s Restaurant, 225-229 Avenida Del Mar and 232-234 Avenida Granada A continued public hearing item for the Planning Commission to consider a request for a Cultural Heritage Permit (CHP23-263) for the rehabilitation and adaptive reuse of a historic resource and a Development Permit (DP24-258) for the demolition of a duplex at 232 Avenida Granada and the construction of two new buildings to establish a 28-room boutique hotel, roof top lounge, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development. A Conditional Use Permit (CUP23-264) is requested for the sale of on-site full-service alcohol, amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared 233
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 3 parking, and architectural elements to exceed the maximum height for the zoning district. A Conditional Use Permit (CUP24-260) is required to allow the architectural projections to exceed the maximum height for the zoning district. The project site is located at 225-229 Avenida Del Mar and 232-234 Avenida Granada within the Downtown Mixed-Use 3.0 (MU 3.0, Ave. del Mar frontage) and MixedUse 3.3 (MU 3.3, Ave. Granada frontage) zoning districts within the Central Business (CB), Architectural (A) Overlay, and Coastal Zone (MU3.0/3.3-CB-A-CZ).

The Planning Commission will also consider whether the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15331 (Class 31: Historical Resource
Restoration/Rehabilitation) and §15332 (Class 32: In-Fill Development Projects).

Under Commissioner disclosures, Chair Cosgrove indicated he met with the Applicant/Owner, Mike Simms and Architect, Michael Luna and reiterated areas of concern addressed during the first public hearing.

John Ciampa, Contract Planner, narrated a PowerPoint Presentation entitled, “Hotel Clemente & Loretta’s Restaurant, CHP23-263 / DP24-258 / CUP23-264 / MCUP24-260,” dated August 21, 2024. A copy of the Presentation is on file in Planning Division.

In response to Commission questions, Planner Ciampa explained the music curfew; and onsite parking including valet and employee parking.

Mike Simms, Applicant/Owner and Michael Luna, Architect, discussed efforts to mitigate concerns; and agreement with Conditions of Approval 7.1 and 7.3.

In response to Commission questions, Trissa De Jesus Allen, LLG, discussed the parking analysis; comparison with Shade Hotel in Manhattan Beach; acknowledged that parking studies are data driven, but are not an exact science; confirmed that the shade hotel was at full occupancy on the Saturday that parking counts were conducted; noted that parking counts were done by an independent contractor.

In response to Commission questions, Mr. Simms and Mr. Luna explained the occupancy of 21 full size rooms and 7 small rooms; employee parking; and reduction in restaurant seating that is addressed within the staff-drafted conditions.

Peter Haft discussed development of his property and expressed concern with the size of the project and potential negative impacts.

Larry Culbertson, Historical Society Preservation Chair, indicated opposition to retaining the 1980’s addition with shed roof obscuring the front elevation of the Antoinette building; and expressed concern with the lack of parking. 234
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 4 Matt West discussed the Shade Hotel and stated that its proximity from LAX discounted the accuracy of the parking counts; questioned delivery trucks and the loading area for the Shade Hotel.

David Litle expressed concern about providing any reduction in parking and the impact of deliveries and size of the project.

Cheri D. expressed concern with limited parking and stated that San Clemente does not have a parking structure or paid parking downtown.

Tom Carmichael discussed the narrow road (Granada), limited parking, and the need for privacy for neighbors; questioned whether the hotel would reduce operations during City special events like the Fiesta.

George Alvarez expressed disagreed with the parking study, and he opposed the size of the project, parking lifts, and noise.

Paul Parsons, San Clemente Historical Society, indicated the hotel was well designed and would be built; therefore, the Commission needs to provide the appropriate Conditions.

Mr. Luna discussed the extensive public engagement to share the project, including hosting a booth at the Fiesta; time spent on the parking analysis; and efforts to address concerns.

In response to Commission questions, Planner Ciampa, City Planner Lightfoot and Assistant City Engineer Ponzen explained peer review of the parking analysis by Kimley Horn; constraints on underground parking; restaurant hours of operation; hours and entertainment of nearby businesses; option to prohibit or condition live entertainment; noise dampening; allowances within the Zoning Code for parking space waivers; clarifications on conditions of approval; and difficulty enforcing a loading zone.

In response to Commission questions, Mr. Simms explained means of enforcing deliveries within a certain time; and the guest-focused intent of the hotel bar.

Under discussion, the Commissioners discussed:
• Concerns about the amount of parking reduction warranted; • Hours of operation and concerns about outdoor amplified music; • Preference for deliveries on Del Mar;
• Concern about noise from roof deck and consideration of alternate hours; • Support for a hotel downtown;
• Support for off-site shuttle for employees;
• Disagreement with certain points of the parking study, such as the number of staff needed during peak times;
• Preference for off-site parking or shuttling over collecting an in-lieu fee; 235
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 5 • Noted that the parklets on Del Mar may be gone by the time the project is operational;
• Considered additional reductions below 100 seats for the restaurant.

Mr. Luna and Mr. Simms responded to the proposed modifications to the Conditions of Approval and expressed concern about the fiscal impact of requiring an employee shuttle at the beginning of operations; but they remain agreeable to off-site parking or shuttling as a means to recapture restaurant seating..

IT WAS MOVED BY CHAIR PRO TEM MCCAUGHAN, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO 1) DETERMINE

THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CEQA PURSUANT TO CEQA GUIDELINES SECTION 15301(CLASS 1: EXISTING FACILITIES); SECTION 15331 (CLASS 31: HISTORICAL RESOURCE RESTORATION/REHABILITATION); AND SECTION 15332 (CLASS 32: IN-FILL

DEVELOPMENT PROJECTS), AND THAT NO EXCEPTIONS TO THE EXEMPTIONS APPLY; AND 2) ADOPT RESOLUTION PC 24-014, APPROVING PUBLIC HEARING PROJECT 24-262, HOTEL CLEMENTE AND LORETTA’S, SUBJECT TO ATTACHED CONDITIONS OF APPROVAL AMENDED AS FOLLOWS:
• Strike “outdoor” (7.4 & 7.9 Tables)
• Rooftop Patio closes at 10pm (7.4 & 7.9 Tables)
• All bar service closes at 12am (7.4 & 7.9 Tables)
• Use noise reduction surfaces when constructing rooftop deck • Strike 4.15.1: Multi-modal fee for Trolley
• Strike 5.12: Speaker connected to limiters
• Strike 7.18, related to deliveries along Avenida Granada • Modify 7.19 to begin: “All Deliveries shall be received along Avenida Del Mar…” • Include that staff is to make any modification to the resolution to coincide with the approved motion.

Chair Cosgrove and City Planner Lightfoot discussed the grant received for a Downtown parking study.

C. Continued Public Hearing Project (PHP) 24-127, Ole Hanson Beach Club Private Events, 105 W. Avenida Pico
A continued public hearing item for the Planning Commission to consider a request for a Conditional Use Permit (CUP 24-128) related to ongoing event operations at the City-owned facility at 105 W. Avenida Pico. The 2016 lease with 24 Carrots, LLC specified approval of amplified music and dancing, including use of outdoor spaces; however, that lease also indicated that the tenant must apply for a CUP to more specifically govern operations. For unknown reasons, that CUP process was not previously completed. There is no development related to this request other than the installation of sound/speaker equipment by the City on the second level of the building.
236
Minutes of Regular Planning Commission Meeting of August 21, 2024 Page 6 The Planning Commission will also consider whether the project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).

Staff supports requests by neighbors of the property to continue this public hearing to the Regular Meeting of September 4, 2024.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER PRESCOTTLOEFFLER-MCKHANN, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO CONTINUE THE HEARING TO SEPTEMBER 4, 2024.

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
City Planner Lightfoot provided an update on the Miramar and Providence at the Outlets projects. He invited the Commissioners to the Planning Commissioners Academy in March 2025 in Santa Rosa. He also requested the Commissioners to schedule appointments to set up an iPad with Planning staff.

B. Administrative Development Permit Report

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER PRESCOTTLOEFFLER, AND CARRIED 6-0, COMMISSIONER DAVIS ABSENT, TO ADJOURN THE MEETING AT 9:32 P.M. TO THE ADJOURNED PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON SEPTEMBER 4, 2024, AT 5:00 P.M., AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2
nd FLOOR, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
Cameron Cosgrove, Chair
Attest:

Jonathan Lightfoot, Secretary to the Planning Commission 237
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 3, 2024 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF AUGUST 22, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
238

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
AUGUST 22, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on August 22, 2024 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Zachary Ponsen, Assistant City Engineer
Christopher Wright, Lead Project Planner
Laura Coury, Assistant Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of July 18, 2024.

ZA Atamian received and filed the minutes for the regular meeting of July 18, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-099, Shell E.V. Charging Facility, 422 Avenida De La Estrella
A request for the Zoning Administrator to allow Development Permit (DP) 24-132 to convert a vacant and abandoned gas station site into an electronic vehicle charging station, involving minor site improvements and installation of chargers at 422 Avenida de la Estrella.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15303 (Class 3: New Construction or Conversion of Small Structures) and §15304 (Class 4: Minor Alterations to Land).

Lead Project Planner Christopher Wright summarized the staff report. 239
Minutes of the Zoning Administrator Regular Meeting July 18, 2024 Page 2 Lydell Lauro representing the applicant Shell Oil Products US thanked staff and commented that the charging station will be a great benefit to the community.

ZA Atamian opened the public hearing.

Zhen Wu, resident and supporter of the project, requested consideration of a Condition of Approval be added for an easement of nine feet along the northeastern property line for the purpose of allowing public works the space to add an additional travel lane.

Adam Ghassemi, owner’s son of the gas station on the opposite northeast corner of the project property on Avenida Palizada and Avenida De La Estrella, expressed support of an easement of nine feet on the proposed project site to allow future street upgrade to reduce traffic impacts of the intersection.

ZA Atamian stated that he is familiar with the location, that he did have initial conversations with the Shell representatives when they first approached the City of San Clemente on the project, but that he did not impart any opinions or provide any direction. ZA Atamian thanked staff for a detailed report.

ZA Atamian stated that the California government code requires the City to approve electric vehicle charging uses, limiting the City’s review to that of the site improvements and not the use.

ZA Atamian stated that he is aware of the request by the public related to an additional easement or area of the property that they would like to see the City utilize in the future for an additional traffic lane. ZA Atamian clarified that there is an COA to dedicate a triangular portion of the property to address a sidewalk easement for existing sidewalk at the corner of Avenida Palizada and Avenida De La Estrella.

ZA Atamian reviewed the materials and clarified that signage is not part of the request, and that signage will be addressed administratively by staff.

ZA Atamian reviewed the traffic study and introduced Assistant City Engineer, Zachary Ponsen. ZA Atamian confirmed with Mr. Ponsen that the proposed site use in question was not a high traffic generated use.

ZA Atamian stated that the use should not be compared to a gas station use, which would have a much higher turnover. In response to ZA Atamian question of queuing, Mr. Ponsen stated the parking study provided several options in the event the queuing goes into the street, and that the queuing should be manageable onsite. Mr. Ponsen shared that the parking study reported other options such as street striping if queuing becomes an issue on the public street, and that a Condition of 240
Minutes of the Zoning Administrator Regular Meeting July 18, 2024 Page 3 Approval was added that is similar to that other drive-through uses that allows staff to modify the queuing, such as adding a “keep clear” or modification of striping for one or two cars to turn in that prevents an impact on through traffic.

Mr. Ponsen addressed ZA Atamian’s question on how vehicles will be managed if the three onsite vehicles queuing is full by answering that it is anticipated that customers leave for an alternative station or charge at another time.

Mr. Ponsen stated that there is also a Condition that prohibits traffic from making a left on Palizada into the charging station, as it may impact traffic exiting from the freeway, Mr. Ponsen continued to state that the driveway may potentially become an exit only.

ZA Atamian asked if the service is only available through an application on a device; whereby the applicant stated that per state law, payments can also be processed with a credit card.

ZA Atamian stated that with traffic not being a concern and that there are Conditions of Approval that ensure how future impacts will be addressed, he failed to see the nexus to require an easement as part of this project. More specifically, if in the future the City wanted to modify the traffic in this area, the City has that ability through Eminent Domain.

Adding an additional lane of traffic would require modifications to a number of other properties in the area. Therefore, acquiring an easement on this property doesn’t provide an immediate benefit.

ZA Atamian advised that the easement as suggested would create impacts to the water retention basin, the signage and landscaping; and that at a future time, it would be more beneficial to analyze what land requirements would be required rather than speculate today on a potential project that would require the applicant to revise their submitted application. The current project’s plans are in final form, and that type of easement would require a revision to both the plans and the Water Quality Management Plan (WQMP) or requiring them to adjust it in the future based on the City’s use of this portion of the property. Mr. Ponsen concurred that changes to reduce the size of the basin could have unpredictable impacts.

Having no further questions, ZA Atamian closed the public hearing.

ZA Atamian presented other reasons why exercising an easement at this time was not in the best interest of the City and the neighboring properties including the slope of the existing steep neighboring driveway on the eastern side of the project’s property. ZA Atamian stated that there is no established nexus for an easement, that the type of easement 241
Minutes of the Zoning Administrator Regular Meeting July 18, 2024 Page 4 would cause the applicant significant and unnecessary cost and time delays at this juncture, and that the street modification begin discussed are not something the City will be undertaking any time soon.

ZA Atamian stated the existing Conditions of Approval address the City’s ability to acquire easements related to specific public right-of-way impacts. ZA Atamian verified that the application does not include signage. ZA Atamian reviewed the Resolution and the Conditions of Approval, and thanked staff for their reporting.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15303 (Class 3: New Construction or Conversion of Small Structures) and §15304 (Class 4: Minor Alterations to Land).

Action: The Zoning Administrator adopted Resolution ZA24-013, approving Development Permit 24-132, Shell EV Charging Station, 422 Avenida Del La Estrella, subject to the Conditions of Approval.

B. Public Hearing Project (PHP) 24-118, Fine Addition, 111 E.

Escalones
A request for the Zoning Administrator to approve Minor Exception Permit (MEP) 24-126 to allow an addition of 538 square feet of living space to an existing 807 square foot single family residence with nonconforming parking.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities).

Assistant Planner Laura Coury summarized the staff report and introduced the applicant/architect Laura Aguilera, and property owner Andrew Fine.

ZA Atamian opened the public hearing, and disclosed that he had driven by the property to view the public right-of-way and the neighborhood, and can concur with staff’s representation that the proposed plans are consistent in the scale and development of the neighborhood. ZA Atamian confirmed that there are two existing non-conformities: a single car garage and the encroachment to the set-back. Without those noncomformities, the improvements would not require a Development Permit.

ZA Atamian cited the reasons for a discretionary review.

ZA Atamian agreed with the staff’s recommending findings for the project that were listed in the staff report.
242
Minutes of the Zoning Administrator Regular Meeting July 18, 2024 Page 5 ZA Atamian stated that the City received one public comment in opposition to the project citing impacts of parking due to the expansion of the home. ZA Atamian asked staff for details, and staff stated they requested additional information so that an official public comment could be made, but did not receive any responses.

Having no further questions, ZA Atamian closed the public hearing.

ZA Atamian stated per the code that the existing non-conformity is allowed to remain since the scale of the development is under the threshold that would require a full adherence to the Zoning Ordinance.

The applicant is aware that further additions beyond 2,100 s.f. would require modifications to the residence to comply with the code, thus requiring two covered parking spaces, which is currently not required.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA24-014, approving Public Hearing Project 24-118 and Minor Exception Permit 24-126, Fine Remodel and Addition, subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:43 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, September 5, 20024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
243
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 3, 2024 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3091 through 3095 and Warrant Nos.
598399 through 598577, paid on
8-2-24, in the amount of $1,655,721.29
..end
244
245
246
247
248
249
250
251
252
253
254
255
256
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 3, 2024 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3096 through 3099 and Warrant Nos.
598578 through 598738, paid on
8-9-24, in the amount of $4,358,302.92
..end
257
258
259
260
261
262
263
264
265
266
267
268
269
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 3, 2024 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3100 through 3101 and Warrant Nos.
598739 through 598909, paid on
8-16-24, in the amount of $1,031,103.05
TOTAL WARRANT REGISTER $7,045,127.26 ..end
270
271
272
273
274
275
276
277
278
279
280
281
282
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 3, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant Nos. 944 through 945 and
Automatic Deposit Advises 96280
through 96672, for the period
7-22-24 through 8-4-24, paid
on 8-9-24, in the amount of $586,342.60
TOTAL PAYROLL REGISTER $586,342.60 ..end
283
284
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 3, 2024 Agenda Item: 11D.
285
ORDINANCE NO. 1778

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SAN
CLEMENTE MUNICIPAL CODE TITLE 10 - VEHICLES AND
TRAFFIC, ADDING CHAPTER 10.62 TO ESTABLISH

REGULATIONS FOR THE OPERATION AND USE OF

ELECTRIC BICYCLES AND OTHER FORMS OF ELECTRIC

TRANSPORTATION AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City has experienced a significant increase in the use of electric bicycles and other electric transportation devices, leading to concerns regarding public safety and the need for regulation; and
WHEREAS, existing municipal code provisions under San Clemente Municipal Code (SCMC) section 12.32.130 regulate the use of bicycles and electric bicycles, emphasizing safe and regulated use in public areas such as the Municipal Pier, Beach Access Road, Beach, and Beach Trail, and defines bicycles and e-bikes, including Class 1, 2, and 3 e-bikes, and sets forth areas where these can be used or are restricted; and
WHEREAS, the Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of the Committee’s E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan; and WHEREAS, the Public Safety Committee has determined that additional regulations are needed to adequately address the safety concerns and usage impacts of e-bikes, particularly in high-traffic and shared community spaces. The Committee reviewed and deliberated on the necessary contents of additional regulations at their meeting of March 26, 2024, and recommended that the City Council initiate an ordinance to amend the SCMC to enhance safety measures for both pedestrians and ebike riders; and WHEREAS, the City Council seeks to establish clear rules and guidelines for the operation of electric bicycles and other electric transportation devices to ensure safety and harmony within the community; and
WHEREAS, on May 7, 2024, the City Council directed staff to develop an ordinance regulating the operation and use of electric bicycles based on recommendations of the Public Safety Committee; and
286
Ordinance No. 1778 Page 2
WHEREAS, these regulations are designed to align with California state laws and provide a framework for enforcement and penalties for violations; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.

Section 2. CEQA. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378(a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property. In the alternative, the City Council finds that the Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061(b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply modifies existing restrictions and prohibitions regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property; the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

Section 3. Code Amendment. Chapter 10.62 is hereby added to the San Clemente Municipal Code to read in its entirety as follows:

Chapter 10.62: Regulations of Electric Bicycles and Other Electric Transportation Devices
Section 10.62.010- Definitions.

For the purposes of this Chapter, the following terms shall have the meanings ascribed to them in this Section:

A. “Bicycle” shall have the same meaning as set forth in California Vehicle Code Section 231, as amended from time to time.

B. “Electric Bicycle” or “E-Bike” shall have the same meaning as set forth in California Vehicle Code Section 312.5, as amended from time to time, and shall be categorized as follows:
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Ordinance No. 1778 Page 3

1. Class 1 Electric Bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

2. Class 2 Electric Bicycle: An electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.

3. Class 3 Electric Bicycle: An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour. Such electric bicycles shall be equipped with a speedometer.

C. “Electric Personal Assistive Mobility Device” shall have the same meaning as set forth in California Vehicle Code Section 313, as amended from time to time.

D. “Electrically Motorized Boards” shall have the same meaning as set forth in California Vehicle Code Section 313.5, as amended from time to time.

E. “Electric Motorcycle” shall mean any electric-powered two- or three-wheeled vehicle with a motor of more than 750 watts and a lack of operable pedals. Such vehicles shall not be considered an electric bicycle and shall be treated as a motorcycle as defined by California Vehicle Code Sections 400(a) and 400(b).

F. “Highway” shall mean any publicly maintained way or place open to the use of the public for purposes of vehicular travel, including streets.

G. “Hours of Darkness” shall mean all times of the week that occur between thirty (30) minutes past sunset to thirty (30) minutes before sunrise.

H. “Low-Speed Vehicle” shall have the same meaning as set forth in California Vehicle Code Section 385.5, as amended from time to time.

I. “Motorized Scooter” shall have the same meaning as set forth in California Vehicle Code Section 407.5, as amended from time to time.

J. “Operator” shall mean any person who owns, operates, or controls a regulated mobility device.

K. “Public Area” shall mean any outdoor area open to the public for public use, whether owned or operated by the City or a private party.

L. “Regulated Mobility Device” shall include bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices and other similar vehicles.

M. “Rider” shall mean a traveler riding on a regulated mobility device who is not operating it.
288
Ordinance No. 1778 Page 4
N. “Shared Mobility Device” shall have the same meaning as set forth in California Civil Code Section 2505, as amended from time to time.

O. “Wheelie” shall mean an acrobatic stunt where the front tire or wheel is lifted off the ground due to extreme torque being applied to the rear wheel while in motion.

P. “Endo-Wheelie” or “Stoppie” shall mean a trick performed on a motorcycle or bicycle where the back wheel is lifted by abruptly applying the front brake, then reducing the brake pressure to ride for a short distance on the front wheel.

Section 10.62.020- Operation and Use of Electric Bicycles and Electric Motorcycles
A. It shall be unlawful for any person to ride or operate any electric bicycle, motordriven cycle, or any other electric or motorized conveyance unless such ride or operation complies with the following provisions:

1. Unsafe Operation Prohibited. No person shall ride or operate an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance in an unsafe manner. "Unsafe manner" shall mean operating in such a way as that violates any provision of state law or the City’s municipal code or constitutes a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area.

2. Helmet Requirement. All operators and passengers under 18 years of age shall wear a helmet properly strapped while riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance, as specified in California Vehicle Code Section 21212.

3. Direction of Travel. The operator of a bicycle, electric bicycle, electric scooter, or electric skateboard shall travel in the same direction as vehicles are required to be driven upon the roadway, regardless of whether or not the operator is in the roadway or in a bike lane.

4. Passenger Restrictions. No person riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance shall transport another person upon an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless such passenger is seated upon a seat attached to the vehicle in a safe manner. No person shall be a passenger on an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless such passenger is seated upon a seat attached to the vehicle in a safe manner.

5. Requirements During Hours of Darkness.
a. During Hours of Darkness, electric bicycles shall only be operated by persons 16 years of age or older.
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b. During Hours of Darkness, electric bicycles shall only be operated with a front lamp emitting a white light visible from a distance of 300 feet and a rear solid or flashing red light with a built-in reflector visible from a distance of 500 feet.

6. Prohibited Actions.
a. It shall be unlawful to operate electric bicycles on highways, roadways, or sidewalks while performing stunts such as wheelies or endowheelies (stoppies). b. It shall be unlawful to operate electric bicycles while utilizing a hand-held mobile communication device, such as using a mobile phone to text.

7. Use of Designated Lanes. E-bike operators must use designated bicycle lanes where available. In the absence of a designated bicycle lane, cyclists and e-bike riders are permitted to use sidewalks; however, e-bike operators must yield the right-of-way to all pedestrians and bicycle-riders and maintain a cautious speed that does not endanger pedestrian safety.

8. Requirements for Class 3 Electric Bicycles.
a. A person must be 16 years of age or older to operate a Class 3 electric bicycle.
b. All persons operating or riding as a passenger upon a Class 3 electric bicycle shall comply with Section 21213 of the California Vehicle Code regarding the wearing of a properly fitted and fastened bicycle helmet.
c. Class 3 E-Bikes shall not be ridden on any sidewalks or any public off-road trails within the City of San Clemente.

9. Compliance with Safety Standards. An electric bicycle shall meet the following criteria:
a. Comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission (16 C.F.R. 1512.1, et seq.).
b. Operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied, or operate in a manner such that the motor is engaged through a switch or mechanism that, when released or activated, will cause the electric motor to disengage or cease to function.
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c. A person shall not tamper with or modify an electric bicycle so as to change the speed capability of the bicycle unless he or she appropriately replaces the label indicating the classification.

10. Electric Motorcycles. Electric Motorcycles shall not be operated within the limits of the City of San Clemente without the following:
a. The operator shall have a valid motorcycle license as required by California Vehicle Code Section 12500(b); and
b. The Electric motorcycle shall have, and the operator shall carry proof of, valid registration and license plate as required by California Vehicle Code Section 4000(a)(1); and
c. All operators and riders shall wear a helmet approved by the United States Department of Transportation (DOT) as required by California Vehicle Code Section 27803(b); and
d. All operators shall have and maintain evidence of financial responsibility (Insurance) as required by California Vehicle Code Section 16028a.

Section 10.62.030- Restrictions on Beach and Beach Trail A. The operation and use of electric bicycles, motorized scooters, electrically motorized boards, and other similar motorized recreational devices on the beach and beach trail shall be governed by Section 12.32.130 of the San Clemente Municipal Code.

Section 10.62.040- Enforcement and Penalties
A. Responsibility of Parent. Each parent or legal guardian having custody and control of a minor who violates this Chapter shall be jointly and severally liable with such minor for such violation.

B. Regulations Provided upon Retail Sale or Rental of an Electric Bicycle. Every store or business selling or renting E-bikes shall supply a copy of this Chapter (SCMC Chapter 10.62) to every person(s) purchasing or renting an E-Bike, and shall maintain proof of providing such copy for minimum of three years. Records of proof shall be provided to the City immediately upon request by the Chief of San Clemente Police Services during normal business hours of the store or business.

C. Violations and Penalties:

1. Violation of any provision of this Chapter shall be subject to enforcement as specified in Chapter 1.16 of the San Clemente Municipal Code. 291
Ordinance No. 1778 Page 7

2. Any person found in violation of any provision of this Chapter, or the California Vehicle Code while operating an E-Bike, may, in lieu of payment of a fine or other penalty, be required to complete a City-approved training and education class on the safe operation of electric bicycles. Payment for the costs for such class shall be the responsibility of the offender. Proof of completion must be provided to the City’s Police Services Division within 90 days of the violation notice if such class is required. The violation shall not be deemed adjudicated until the offender provides such notice timely.

3. Every person violating any provisions of this Chapter shall be deemed guilty of a misdemeanor unless specifically provided otherwise in this Chapter. In no case shall the fine for violation of this Chapter exceed an amount specified by the City.

Section 10.62.050- Exemptions
A. Public Agency Personnel: Notwithstanding any other provision of this Chapter, or any other section of this code, City and public agency personnel may operate regulated mobility devices or other vehicles at any place in the City in the performance of their official duties.

B. Disability: This Chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Sections 12101 et seq.).

Section 4. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 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.

Section 5. Records. 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.

Section 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, 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 ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
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Section 8. The City Clerk shall certify to the passage and adoption of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this ____ day of _______________, 2024.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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Ordinance No. 1778 Page 9

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. 1778 having been regularly introduced at the meeting of _______________, 2024, 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 ____, 2024, 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 ____________, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
___________________________
Elizabeth A. Mitchell, City Attorney
294
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 3, 2024 Agenda Item: 11E.
295
ORDINANCE NO. 1779

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, COUNTY OF ORANGE,
CALIFORNIA, AMENDING CHAPTERS 8.86 AND 12.18

OF THE SAN CLEMENTE MUNICIPAL CODE RELATING

TO PUBLIC CAMPING AND PUBLIC STORAGE OF

PERSONAL PROPERTY TO ADDRESS CHANGES IN

LAW BROUGHT ABOUT BY CITY OF GRANTS PASS,
OREGON V. JOHNSON, ET AL., 144 S.Ct. 2202 (2024)

AND FINDING THE ORDINANCE NOT SUBJECT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, as of January 2015, the number of people experiencing homelessness in the United States was estimated at over 564,000, with twenty-one percent (21%) of such persons located in the State of California; and WHEREAS, according to data provided by the Federal Department of Housing and Urban Development, California is home to four of the nation’s top ten major metropolitan areas with the largest number of persons experiencing homelessness; and WHEREAS, Orange County is experiencing similar conditions, with significant and increasing numbers of persons currently homeless/unsheltered in Orange County, living in areas not meant for human habitation such as public streets, public and private parking lots, abandoned buildings, vacant lots, and open space areas, public infrastructure facilities, beaches, and parks; and
WHEREAS, the City of San Clemente (“City”) has been working actively to develop short and long-term solutions to the homelessness problem, in conjunction with the County and other stakeholders, to pursue the provision of emergency shelter services and transitional and long-term housing opportunities to address the underlying causes of homelessness, including petitioning the County of Orange to provide shelter and services to this highly impacted segment of its population; and
WHEREAS, the City has contracted with various non-profit service organizations to provide outreach, counseling, and other services to the people in San Clemente experiencing homelessness; and
WHEREAS, the City’s climatic, topographical, circulation, seismic, geological, and wildland-urban interface conditions create an increased risk of fires; and WHEREAS, the California Department of Forestry and Fire Protection reports an average of 103 wildfires per year are ignited by illegal open fires, and several fire departments in California have responded to such fires at, or caused by activities at, unauthorized camping sites; and
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WHEREAS, based on the above and other related findings, on February 20, 2018, the City Council adopted Ordinance No. 1650 to amend the San Clemente Municipal Code (“SCMC”) to add chapter 8.86, Camping, which prohibits camping upon public property, private open space, and fire risk areas; and
WHEREAS, on September 4, 2018, the United States Court of Appeals, Ninth Circuit, issued a decision in Martin v. City of Boise, 902 F.3d 1031 (9th Cir. 2018) (“Martin”), which restricted the enforceability of anti-camping ordinances under certain circumstances; and
WHEREAS, in light of the Martin decision, on March 19, 2019, the City adopted an ordinance adding Section 8.86.040 to the SCMC providing that “[a]bsent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the provisions of this chapter will not be enforced against indigent homeless persons sitting, lying, or sleeping on public property when no alternative shelter is available in accordance with the holding in Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031”; and WHEREAS, the Court in the above-referenced federal case held that under Martin, San Clemente “has no affirmative constitutional obligation to provide shelter to individuals experiencing homelessness” and that Martin “in no way dictate[s] to [cities] that [they] must provide sufficient shelter for the homeless, or allow anyone who wishes to sit, lie, or sleep on the streets ... at any time and at any place;” and WHEREAS, SCMC section 8.86.040, in line with Martin, currently bars enforcement of the Code’s public camping prohibition where individuals lack alternative shelter, except where, upon a finding of exigent circumstances, the City makes certain City property available for transitional camping for persons suffering the effects of homelessness (hereinafter “transitional camping”); and
WHEREAS, given the high cost ($30,000 monthly) and small number of individuals regularly camping at the Avenida Pico transitional camp, the City Council adopted Urgency Ordinance No. 1682 (on December 10, 2019) and Standard Ordinance No.1689 (on January 21, 2020) which, among other things, repealed ordinance Nos. 1673, 1674, and 1675 and closed the Avenida Pico transitional campground; and WHEREAS, upon closing the Avenida Pico transitional campground, the City has continued to assist individuals experiencing the effects of homelessness in the City by (1) providing counseling and facilitating transportation for said individuals to travel to the homes of friends, family, charitable, or other providers, (2) distributing hotel vouchers where appropriate; (3) facilitating use of publicly operated campgrounds designated for that purpose, and, (4) identifying a long-term transitional campsite, subject to appropriate general plan and zoning compliance and environmental review; and WHEREAS, consistent with Martin and SCMC section 8.86.040, following the adoption of Urgency Ordinance No. 1682 and Standard Ordinance No. 1689, the City has enforced the public camping prohibitions of Chapter 8.86.040 only by providing or 297
Ordinance No. 1779 Page 3
confirming that persons violating those prohibitions have available: (1) transportation to and housing provided by friends, family, charitable, or other providers, (2) shelter in the form of hotel vouchers, and/or (3) paid access to a publicly owned campground; and WHEREAS, in circumstances where Martin, coupled with the City’s potential inability to facilitate or provide housing or shelter, the City was compelled to allow public camping, Urgency Ordinance No. 1682 and Standard Ordinance No. 1689 amended section 8.86.040 to provide that tents may be erected only between the hours of 5 p.m. and 10:00 a.m.; and
WHEREAS, Urgency Ordinance No. 1682 and Standard Ordinance No. 1689, the recitals of which are incorporated by reference into this ordinance as though fully set forth here, added the foregoing provision to SCMC section 8.86.040, based on the City’s experience in operating the Pico transitional camp, which demonstrated that tents could only be erected between the hours of 5:00 p.m. and 10:00 a.m. in order to protect the safety of the camp’s occupants. Structures with enclosed coverings constitute a danger to public safety in part because they prevent Orange County Sheriff's Department officers and other public safety personnel from observing all areas and activities on the site, including illegal activities inside the enclosed structured (e.g., alcohol consumption, weapons violations, or drug use); and
WHEREAS, certain lean-to’s, huts, and other shelters not constituting “tents” present the same public health and safety risks as tents; and WHEREAS, under SCMC, section 8.86.010, “camp facilities” include, but are not limited to, tents, huts, or other man-made or organic temporary structures; and WHEREAS, Ordinance No. 1722 (February 1, 2022), the recitals of which are incorporated by reference into this ordinance as if fully set forth herein, added the following Chapter to SCMC: Chapter 12.18, Public Storage of Personal Property in light of Martin; and
WHEREAS, Ordinance No. 1722 amended SCMC section 8.86.030, to read as follows, “8.86.030 - Camping Procedures, Removal and Recovery of Personal Property.

See Chapter 12.18 of this code;” and
WHEREAS, the City wishes to amend Title 8 and Title 12 of the San Clemente Municipal Code to conform to new law regarding sleeping, camping, and storing personal property in public parks and public places put forth by the Supreme Court of the United States in City of Grants Pass, Oregon v. Johnson, et al., 144 S.Ct. 2202 (2024) (“Grants Pass”); and
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to enact and enforce ordinances that regulate conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations; and 298
Ordinance No. 1779 Page 4
WHEREAS, this ordinance’s amendments to Title 8 and Title 12 benefit the public health and safety of the City’s residents as well as Orange County Sheriff’s Department officers and other public safety personnel, and conform Title 8 and Title 12 to Grants Pass; and,
WHEREAS, for the reasons enumerated above, the adoption of this ordinance is necessary for the preservation of public peace, health and safety and the preservation of greater health, welfare, and safety risks to people in San Clemente experiencing homelessness, the general public, and Orange County Sheriff’s Department officers and other public safety personnel.

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

Section 1: The recitals above are each fully incorporated by reference and adopted as findings by the City Council.

Section 2: CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the Ordinance does not qualify as a “project” under CEQA and because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines, section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment.

Here, the Ordinance will not result in any construction or development, and it will not have any effect that would physically change the environment. The Ordinance therefore does not qualify as a project subject to CEQA.

In the alternative, even if the Ordinance did qualify as a “project” under CEQA, it would be exempt from CEQA under State CEQA Guidelines, section 15061(b)(3), which exempts projects from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Thus, even if the Ordinance could result in some physical change in the environment, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

Section 3. San Clemente Municipal Code section 8.86.040 is hereby deleted and replaced in its entirety to read as follows:

8.86.040 - Enforcement.

A. The City may enforce any violation of this chapter pursuant to Section

1.16.010 of this Code and any other means provided by law.

Section 4. San Clemente Municipal Code section 8.86.050 is hereby deleted in its entirety.
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Section 5. The definition of “abandoned personal property” in San Clemente Municipal Code section 12.18.020 is hereby amended as follows (new text in underline, deleted text in strike through):

12.18.020 – Definitions.
“Abandoned personal property” means unattended, but not stored, personal property that by its condition of damage, deterioration, disrepair, non-use, obsolescence, or location causes any reasonable person to conclude that the owner has permanently relinquished all right, title, claim and possession thereto.

In determining whether property is abandoned, enforcement personnel shall, erring on the side of caution, evaluate the facts and circumstances surrounding the item(s), including whether the personal property is unattended and lacks objective signs of abandonment. Examples of objective signs of abandonment include, but are not limited to, items located in gutters, placed adjacent to trash receptacles, an empty and/or broken tent sitting by itself on a sidewalk with no other belongings, or a bag of clothes that is open and strewn across a sidewalk. Notwithstanding the foregoing, personal property covered by Section 12.18.040 (B)(1) (property associated with camping) shall not be considered abandoned.

Section 6. San Clemente Municipal Code, subsection 12.18.040 is hereby amended as follows (new text in underline, deleted text in strike through):

12.18.040 – Removal, Storage, and Retrieval.

A. “Abandoned Personal Property. .....Enforcement personnel may remove and immediately discard any abandoned essential and non-essential personal property located on City property without complying with the preremoval notice, post-removal notice, storage, and retrieval requirements set forth in subsections (B)(34), (B)(45) and (B)(56) below. Notwithstanding the foregoing, any essential or non-essential personal property covered by subsection (B)(1) (property associated with camping) shall not be considered abandoned.

B. Stored Personal Property. .....Enforcement personnel may remove unattended stored essential and non-essential personal property on City property subject to the following procedures:

1. Property Associated with Camping. Absent exigent
circumstances relating to immediate threats to the public health, safety, or welfare and subject to subsection (B)(2) (critical use areas) below, all essential and non-essential personal property located within a 15 foot radius of any location where an unhoused individual is camping in accordance with Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584 and Chapter 8.86 of the San Clemente Municipal Code shall not be considered abandoned and may be removed subject to the pre-removal notice, postremoval notice, storage, and retrieval requirements set forth in subsections (B)(4)(a), (B)(4)(b), (B)(5), and (B)(6) below. 300
Ordinance No. 1779 Page 6

1. 2. Critical Use Areas. Essential and non-essential personal property, including property covered by subsection (B)(1) (property associated with camping) above, that is blocking access to any critical use area and that cannot be moved aside may be removed subject to the post-removal notice, storage, and retrieval requirements set forth in subsections (B)(34)(b), (B)(45) and (B)(56) below. If personal property can be moved aside so as to not block access to the critical use area, then such property shall be removed in accordance with subsections (B)(1) (Property Associated with Camping) or (B)(23) (all other areas), as applicable.

2. 3. All Other Areas. Essential and non-essential personal property that is not covered by subsections (B)(1) (property associated with camping) or (B)(21) (Critical Use Areas) may be removed in accordance with the following:
a. Essential Personal Property. Essential personal property may be removed subject to the pre-removal notice, postremoval notice, storage, and retrieval requirements set forth in subsections (B)(34)(a), (B)(34)(b), (B)(45), and (B)(56) below.
b. Non-Essential Personal Property. Non-essential personal property may be removed subject to the post-removal
notice, storage, and retrieval requirements set forth in subsections (B)(34)(b), (B)(45), and (B)(56) below.

3. 4. Notice.
a. Pre-Removal Notice. In instances where pre-removal
notice is required, such notice shall:
i. Be posted no less than 24 hours prior to the
removal.
ii. Be posted at the site of the personal property.
iii. Include the date and time by which the personal
property must be moved.
iv. Explain that the City will remove and impound the
personal property if it is not moved from City
property.
b. Post-Removal Notice. In instances where post-removal notice is required, such notice shall:
i. Be posted immediately after the removal of
personal property.
ii. Be posted at the site from which the personal
property was removed.
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Ordinance No. 1779 Page 7
iii. Detail the procedures for retrieving the personal
property.

4. 5. Storage.
a. Manner and Timing. In instances where storage is
required, the City or Sheriff shall store removed personal property for 90 days from the date of removal.
b. Location. The removed personal property shall be stored at a location or locations in the City that reasonably
facilitate retrieval.
c. Records. The City or Sheriff shall keep written records, maintained for at least 90 days following removal, of any personal property stored. The records shall include the date that the personal property was removed, the location from which the personal property was removed, and a
general description of the personal property.

5. 6. Retrieval. During business hours, the City or Sheriff shall promptly assist any person seeking to retrieve property stored pursuant to subsection (B)(45) above.

6. 7. Exceptions. The notice, storage, and retrieval regulations set forth in subsections (B)(34), (B)(45), and (B)(56) above shall not apply to the following:
a. Items that present a health and safety risk if stored, such as items soiled by bodily fluids, items that are moldy, items infested by insects or vermin, and perishable food. Such items need not be stored and may be discarded.
b. Items that constitute evidence of a crime or contraband, which may be seized and discarded as permitted by law.

Section 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 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.

Section 8. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance.

The City Council of the City of San Clemente hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
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Section 9. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________
City Clerk of the City of
San Clemente
___________________________
Mayor of the City of
San Clemente, California
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Ordinance No. 1779 Page 9

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. 1779 having been regularly introduced at the meeting of _______________________, 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 _____________, 2024, 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 ______________________, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to Form:
___________________________
Elizabeth A. Mitchell, City Attorney
304