Cities Index.
Minutes

San Clemente City Council
November 19, 2024

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Minutes
Meeting
November 19, 2024
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San Clemente City Council
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26
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Text extracted from the city's file for reading and search. Open the original on ca-sanclemente.civicplus.com. That file is the official record.

CITY OF SAN CLEMENTE
Tuesday, November 19, 2024 5:00 PM
City Council
Regular Meeting Minutes
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 Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
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 Cabral on November 19, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to recess to Closed Session at 5:00 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: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC
B. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d) (4) Number of Cases: 1
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 5:57 p.m.

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City Council Regular Meeting Minutes November 19, 2024

BUSINESS MEETING
The Business Meeting reconvened at 6:01 p.m. with all City Councilmembers present.

INVOCATION
Assistant Pastor Matt Levchak, Calvary Chapel San Clemente, gave the invocation.

PLEDGE OF ALLEGIANCE
Mayor Cabral led the Pledge of Allegiance.

Special Presentations
None.

Council Member Reports
Mayor Pro Tem Enmeier:
* Attended the Cal Cities Conference on October 16-18, 2024; participated in the Coastal Leadership Committee discussion panel.
* Attended the Red Ribbon Week Parade on October 21, 2024. * Attended the San Clemente Rotary Veteran's Day event on November 9, 2024 at Park Semper Fi.
* Acknowledged Fisherman's Restaurant for hosting the reception for the Veteran's Day event held at Park Semper Fi on November 9, 2024. * Attended the San Clemente Outlets Tree Lighting Ceremony on November 16, 2024.

Councilmember Loeffler:
* Attended the San Clemente Rotary Veteran's Day event on November 9, 2024 at Park Semper Fi.
* Acknowledged Wayne Eggleston for his efforts for the Veteran's Day event held at Park Semper Fi.
* Attended the Red Ribbon Week Parade on October 21, 2024. * Acknowledged the Orange County Sheriffs Department deputies for professionally and proactively addressing concerns within the City.

Councilmember Duncan:
* Attended the San Clemente Tritons Football playoff game. * Attended the Deputy of the Year and Firefighter of the Year Awards luncheon on November 19, 2024.

Mayor Cabral:
* Presented outgoing Councilmember Duncan with a City tile and recognized his four years of service to the City of San Clemente.

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City Council Regular Meeting Minutes November 19, 2024
Oral Communications (Part 1)
Maureen Duncan spoke on the service of Councilmember Duncan to the City of San Clemente.

Bradley Zeminski acknowledged Councilmember Duncan for his service to the City.

Linda Verraster, San Clemente, thanked Councilmember Duncan for his service to the City.

Lois McNicoll spoke on the actions taken by San Juan Capistrano residents who spoke in opposition to high density housing projects; spoke in opposition to affordable housing/high density projects in San Clemente.

Cameron Cosqrove commented on Ballot Measure BB; thanked Councilmember Duncan for his service to the City of San Clemente.

Anqela Watts thanked Councilmember Duncan for his service to the City of San Clemente.

Jenifer Massey acknowledged Councilmember Duncan for his service to the City.

Louise Herbert acknowledged Councilmember Duncan for his service to the City.

Bill Kreutinqer acknowledged Councilmember Duncan for his service to the City; distributed information and spoke on the efforts of Tri-Cities RACES as it relates to emergency preparedness. A hard copy of the materials are on file with the City Clerk.

Amanda Q acknowledged Councilmember Duncan's support of the first amendment; narrated a PowerPoint entitled "Campaign Policy". A hard copy of the presentation is on file with the City Clerk.

Georqe Greqory, North Beach, opined that the City should investigate the feasibility of developing a harbor in San Clemente to generate revenue.

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

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

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City Council Regular Meeting Minutes November 19, 2024
Consideration of agendizing items requiring immediate action None.

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

The City Council voted and carried 5-0, to approve the settlement agreement by and between the City or San Clemente, American Tower Management LLC, DISH Wireless LLC, and Harbor View Estates and authorized the City Manager to execute the agreement on behalf of the City relating to:

Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-013711 69-CU-WM-CXC
Direction given; no reportable action concerning:

Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 4
Staff Communications
City Manager Hall requested that item 8F - PUBLIC HEARING REGARDING

THE FAILURE OF BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) be considered following item 8A.

Motion by Councilmember Knoblock, second by Councilmember Duncan, to modify the agenda as requested by the City Manager.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Public Hearings
8A. CONTINUANCE OF NO ACTION ON CONDITIONAL PERMIT 1021 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR'S PARCEL NUMBER 690-552-05
Mayor Cabral opened the Public Hearing.

Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

Shawn Cobb, American Tower, spoke in support of Resolution 24-190; submitted documents on behalf of American Tower for the record. A hard copy

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City Council Regular Meeting Minutes November 19, 2024
of the documents are on file with the City Clerk.

There being no others desiring to speak, Mayor Cabral closed the Public Hearing.

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

1. Rescind the January 16, 2024 findings of the City Council related to the property located at 616 Del Dios.

2. Adopt Resolution No. 24-190 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RESCINDING ITS JANUARY 16, 2024, FINDINGS AND AFFIRMING VALIDITY OF CONDITIONAL PERMIT 1021 (1962), WHICH PERMITTED A MICROWAVE

RELAY STATION IN CONNECTION WITH A PUBLIC TELEPHONE
SERVICE AT 616 DEL DIOS, ASSESSOR'S PARCEL NUMBER 690-552- 05, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENT AL QUALITY ACT.

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

REORGANIZATION OF AGENDA
The City Council agreed to consider items 8F - PUBLIC HEARING REGARDING

THE FAILURE OF BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS) followed by item 10C - CONSIDERATION OF

ACCEPTING A DONATION FOR THE CONSTRUCTION OF A PUMP TRACK AT RICHARD T. STEED MEMORIAL PARK, AMENDING THE FY 2024-25

CAPITAL IMPROVEMENT PROGRAM, AND OPTIONS FOR PROJECT

SCOPE, AND MAKING FINDINGS UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT. Pease reference page 9 of these minutes for a summary of action on item 8F, and page 13 for a summary of action on item 1 QC.

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City Council Regular Meeting Minutes November 19, 2024
8B. INTRODUCTION (FIRST READING) OF AN ORDINANCE APPROVING ZONING AMENDMENT 2424-193TO TITLE 17(ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD CHAPTER 17.260BJECTIVE

DESIGN STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND
RESIDENTIAL MIXED-USE DEVELOPMENT, AMENDING SECTION 17.32.030 RESIDENTIAL ZONE USES, AMENDING SECTION 17.36.020 COMMERCIAL ZONE USES, AMENDING SECTION 17.40.030 MIXED-USE ZONE USES, AND AMENDING SECTION 17.56.090HOUSING OVERLAY TO ADD CERTAIN

SITES PREVIOUSLY IDENTIFIED IN THE HOUSING ELEMENT, IN

ACCORDANCE WITH CALIFORNIA HOUSING LAWS AND THE CITY OF SAN CLEMENTE'S CERTIFIED HOUSING ELEMENT; AND FINDING THAT THE

ZONING AMENDMENT IS EXEMPT FROM CEQA PER THE COMMUNITY

PLAN EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083.3 AND CEQA GUIDELINES SECTIONS 15183, 15060(C) AND 15061(B) 03 Mayor Cabral opened the Public Hearing.

Principal Planner Rehm and Monique Emerson, Planning Consultant, narrated a PowerPoint presentation entitled "Item 8B Housing Element Action Plan - Objective Design Standards, Housing Overlay, & Zoning Amendment" and responded to City Council inquiries". A hard copy of the presentation is on file with the City Clerk.

There being no one desiring to speak, Mayor Cabral closed the Public Hearing.

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

1. Determine that the zoning amendment is exempt from the California Environmental Quality Act (CEQA) per the Community Plan exemption pursuant to the Public Resources Code (PRC) Section 21083.3 and CEQA Guidelines Sections 45183, 55060(C) and 15061 (B)(3).

2. Introduce and conduct the first reading of Ordinance No. 1784 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT ZA24-193 TO TITLE t7 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD
CHAPTER 17.26 0BJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY

RESIDENTIAL AND RESIDENTIAL MIXED-USE DEVELOPMENT,
AMENDING SECTION 17.32.030 RESIDENTIAL ZONE USES, AMENDING SECTION 17.36.020 COMMERCIAL ZONE USES, AMENDING SECTION

17.40.030 MIXED-USE ZONE USES, AND AMENDING SECTION

17.56.090 HOUSING OVERLAY TO ADD CERTAIN SITES PREVIOUSLY

IDENTIFIED IN THE HOUSING ELEMENT, IN ACCORDANCE WITH

CALIFORNIA HOUSING LAWS AND THE CITY OF SAN CLEMENTE'S
CERTIFIED HOUSING ELEMENT: AND FINDING THAT THE ZONING

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City Council Regular Meeting Minutes November 19, 2024

AMENDMENT IS EXEMPT FROM CEQA PER THE COMMUNITY PLAN

EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION
21083.3 AND CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINES SECTIONS 15183, 15060(C) AND 15061(B)(3).

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8C. PROPOSITION 218 HEARING AND CONSIDERATION OF A RESOLUTION

APPROVING THE COST-OF-SERVICE STUDY, ADOPTING AND SETTING

SOLID WASTE COLLECTION RATES, APPROVING AND AWARDING A

SECOND AMENDED AND RESTATED AGREEMENT TO CR&R

INCORPORATED FOR SOLID WASTE HANDLING SERVICES, AND FINDING

THE CONTRACT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENT AL QUALITY ACT
Mayor Cabral opened the Public Hearing.

City Clerk Campagnolo announced the protests received concerning the proposed rates for solid waste and recycling.

Public Works Director/City Engineer Rebensdorf reviewed the contents of the Administrative Report and responded to City Counci( inquiries.

There being no one desiring to speak, Mayor Cabral closed the Public Hearing.

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

Adopt Resolution No. 24-167, which will:

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

2. Approve and adopt the Cost-of-Service Study (Attachment 3 of the Administrative Report dated November 19, 2024).

3. Set and adopt the Solid Waste and Recycling Rates as proposed (Exhibit A and Attachment A to Attachment I of the Administrative Report dated November 19, 2024).

4. Award and authorize the City Manager to execute, Contract No. C24-65, a Second Amended and Restated Agreement, by and between the City of San Clemente and CR&R Incorporated, providing for Solid Waste Handling Services (Attachment 2 of the Administrative Report dated November 19, 2024).

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City Council Regular Meeting Minutes November 19, 2024
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

MEETING RECESS
The City Council meeting recessed at 8:11 p.m. and reconvened at 8:16 p.m. with all City Councilmembers present.
8D. CONSIDERATION OF A RESOLUTION AMENDING THE EXISTING DEL MAR/DOWNTOWN AREA UNDERGROUND UTILITY DISTRICT 02-01,
CANCELING DISTRICT 02-02AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Mayor Cabral opened the Public Hearing.

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

There being no one desiring to speak, Mayor Cabral closed the Public Hearing.

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

Adopt Resolution No. 24-168, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR Section I 5302(d)) of the State CEQA Guidelines.

2. Approve the amendment to reduce the Underground Utility District (UDD) 02-01 to the area as shown in Attachment 4 of the Administrative Report dated November 19, 2024.

3. Remove the Underground Utility District (UDD) 02-O"l funding for upgrading private utility panels unless additional savings can be found during final construction

4. Formally cancel the Underground Lltility District (UDD) 02-02 for future consideration of undergrounding of overhead utility in the Avenida Granada utility easement.

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

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City Council Regular Meeting Minutes November 19, 2024
8E. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION N0. 24-'169,

APPROVING A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL,

IMPOUND, STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION PROGRAM (TV API
Mayor Cabral opened the Public Hearing.

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

There being no one desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, to:

1. Adopt Resolution No. 24169 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL, IMPOUND,

STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF'S

DEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION
PROGRAM (TV AP) IN THE CITY OF SAN CLEMENTE.

2. Repeal Resolution No. 21-11.

AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
8F. PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN

CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN

COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
This item was considered following Item 8A. Please reference page 5 of these minutes for a summary of that action.

Mayor Cabral opened the Public Hearing.

Councilmember Loeffler disclosed that he met with Broadmoor residents.

Mayor Cabral disclosed that he visited the site.

Community Development Director Atamian narrated a PowerPoint presentation entitled "Public Hearing Regarding the Failure of Broadmoor San Clemente Community Association to Enforce Certain Covenants, Conditions and Restrictions (CC&Rs)" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Joshua Smisko and David Hickey, counsel for the Broadmoor Homeowners

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Association, opined on the legal precedent and previous legal action taken concerning trees exceeding the height limitations.

Ryan Phillips, Broadmoor Community Manager, commented on his experience with the Broadmoor Homeowners Association as it relates to the process of the Broadmoor Homeowners Association Board addressing issues or complaints within the community.

Stephen Hammers, on behalf of Broadmoor residents, representing five Broadmoor families; opined on previous legal action taken concerning the tree height on Calle Delicada.

Reva Buck spoke in support of the City Council adopting Resolution No. 24-173.

Paul Buck San Clemente, displayed a photograph of conditions at his property on Felicidad; spoke in support of the City Council adopting Resolution No. 24173. A hard copy of the photograph is on file with the City Clerk.

Eric Fermin narrated a PowerPoint presentation displaying photographs or trees exceeding the height limitations on Calle Delicada; spoke in support of the City Council adopting Resolution No. 24-173. A hard copy of the presentation is on file with the City Clerk.

Jeff Chambers commented on the original CC&R agreement for Broadmoor Community; spoke in support of the City Council adopting Resolution No. 24-173.

John Carretti, San Clemente, commented on landscaping requirements and enforcement by the Broadmoor Homeowners Association; spoke in support of the City Council adopting Resolution No. 24-173.

Paul Lefcourt, San Clemente, commented on trees exceeding the height limitations on Calle Delicada, spoke in support of the City Council adopting Resolution No. 24-173.

Alan Korsen, San Clemente, spoke in opposition of the City taking action against the Broadmoor Homeowners Association.

Chaundra Vidakovich opined that the City should mediate with the residents on Calle Delicada and Felicidad to mitigate trees exceeding the height limitations.

Gordon & Antonia Sipes spoke on efforts they have taken to compromise with their neighbor on Calle Delicada concerning trees exceeding the height limitations; spoke in support of the City Council adopting Resolution No. 24-1 73.

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City Council Regular Meeting Minutes November 19, 2024
Ryan Phillips, Broadmoor Community Manager, responded to City Council InqulneS.

Karen New, Vice President Broadmoor Homeowners Association Board of Directors, responded to City Council inquiries.

Matt Silver, Civica Law Group, City Prosecutor for the City of San Clemente, responded to City Council inquiries.

There being no others desiring to speak, Mayor Cabral closed the Public Hearing.

Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to continue this item to a future City Council meeting to allow the parties (Broadmoor Homeowners Association and homeowners on Felicidad) to discuss a resolution/mediate concerning the trees exceeding the height limitations within the Broadmoor Homeowners Association Community.

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

MEETING RECESS
The City Council meeting recessed at 912 p.m. and reconvened at 9:15 p.m. with all City Councilmembers present.

Unfinished Business
None.

10. New Business
IOA. APPOINTMENT OF THE CITY CLERK AND CITY TREASURER, AND

INTRODUCTION (FIRST READING) OF ORDINANCES MAKING THE CITY

TREASURER AND CITY CLERK POSITIONS APPOINTED BY THE CITY

MANAGER
Administrative Services Director Brower reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

1. Adopt Resolution 24-170 appointing Laura Campagnolo to the office of City Clerk in accordance to Chapter 2.10 of the Municipal Code of the City of San Clemente.

2. Introduce and conduct the first reading of Ordinance No. 1783 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

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City Council Regular Meeting Minutes November 19, 2024
CALIFORNIA, AMENDING CHAPTER 2.10 0F THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE TO MODIFY SECTIONS 2.10.010 AND

2.08.090, VESTING AUTHORITY IN THE CITY MANAGER TO APPOINT THE CITY CLERK, and direct the City Manager to make such future appointments going Forward.

3. Adopt Resolution 24-1a71 appointing Charlie Smith to the office of City Treasurer in accordance to Chapter 2.14 of the Municipal Code of the City of San Clemente.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10B. INTRODUCTION (FIRST READING) OF AN ORDINANCE, AMENDING MUNICIPAL CODE SECTIONS 8.48.070, 8.48.090, 12.34.020 AND 12.34.040

RELATED TO AMPLIFIED SOUND AND SPECIAL EVENT PERMITS, AND

FINDING THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENT AL QUALITY ACT
Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

Frank Villalvazo, San Clemente, spoke is support of the proposed ordinance.

Josie Reitkerk, San Clemente, spoke in support of the proposed ordinance.

Wayne Eqqleston spoke in support of the proposed ordinance.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to introduce and conduct a first reading of Ordinance No. 1785 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING MuNICiPAL CODE SECTIONS

8.48.070, 8.48.090, 12.34.020 AND 12.34.040 RELATING TO REQUIRING A

SPECIAL EVENT PERMIT TO ALLOW AMPLIFIED SOUND IN PUBLIC

SPACES AND MAKING RELATED MINOR CODE CLARIFICATIONS

RELATING TO SPECIAL EVENT PERMITS AND NOISE REQUIREMENTS,

AND FINDING THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENT AL QUALITY ACT.

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

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City Council Regular Meeting Minutes November 19, 2024
10C. CONSIDERATION OF ACCEPTING A DONATION FOR THE CONSTRUCTION OF A PUMP TRACK AT RICHARD T. STEED MEMORIAL PARK, AMENDING THE FY 2024-25 CAPITAL IMPROVEMENT PROGRAM, AND OPTIONS FOR

PROJECT SCOPE, AND MAKING FINDINGS UNDER THE CALIFORNIA

ENVIRONMENT AL QUALITY ACT
This item was considered earlier in the meeting. For a summary of this action, please reference page 5 of these minutes.

Councilemember Loeffler disclosed he is a non-compensated member of the Friends of San Clemente Beaches, Parks and Recreation Foundation.

Beaches, Parks and Recreation Director Wylie narrated a PowerPoint Presentation entitled "Consideration of Accepting a Donation for the Construction of a Pump Track at Richard T. Steed Memorial Park" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Dustin Brady, San Clemente, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Cameron Zink, San Clemente, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Milo, San Clemente Bike Works, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Brandon Lascelles, Epic Summer Mountain Bike Camp, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Natalie Urreqo, Girlswirl, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Bridqet Smith spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

Mikah Fiqueroa, Ladera Ranch, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

David Browninq, Orange County Mountain Bike Association, spoke in support of the proposed pump track at Richard T. Steed Memorial Park.

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

Adopt Resolution No. 24-172, which will:

1. Accept a donation of $200,000 from Shimano Inc., a donation of $100,000

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City Council Regular Meeting Minutes November 19, 2024
from the Friends of San Clemente Beaches, Parks & Recreation Foundation, and a donation of $20,000 from the Orange County Mountain Bike Association to revenue Account No. 031-000- 36790.

2. Approve, and authorize the City Manager to execute, Contract No. C24- 66, a Funding Agreement, by and between the City of San Clemente, Shimano Inc., the Friends of San Clemente Beaches, Parks & Recreation Foundation, and Orange County Mountain Bike Association, that provides for Shimano's signature blue stripe to be painted along the edge of the asphalt track, permission for Shimano to feature the project as part of its community engagement marketing series, and recognition of Shimano, Orange County Mountain Bike Association and the Friends of San Clemente Beaches Parks and Recreation with a plaque at the site.

3. Approve an amendment to the FY 2024-25 Capital Improvement Program to include a project for the design and construction of a pump track recreation facility at Richard T. Steed Memorial Park at 18,000 square feet.

4. Determine that the project is consistent with the Steed Park Master Plan and is consistent with the environmental findings established in the IS/MND previously certified by the City Council.

5. Appropriate necessary funds from the Parks Acquistion Fund and reallocate funds from another existing CIP Project to support the completion of the Richard T. Steed Memorial Park Pump Track.

6. Direct staff to pursue additional funding sources through the Land and Water Conservation Fund for its next immediate funding cycle beginning in 2025.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10D. CONSIDERATION OF A RESOLUTION AWARDING A THREE-YEAR

MAINTENANCE SERVICES AGREEMENT WITH TWO OPTIONAL ONE-YEAR EXTENSIONS TO GREAT SCOTT TREE SERVICE, INC., AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENT AL QUALITY ACT
Public Works Director/City Engineer reviewed the contents of the Administrative Report and responded to City Council inquiries
Kris Burbidqe, West Coast Arborist, thanked the City for the opportunity to serve the City and maintain the City's trees.

Scott Griffiths, Great Scott Tree Service, thanked the City for the opportunity to serve the City and maintain the City's trees.

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CityCouncil RegularMeeting Minutes Novemberl9,2024
Motion by Mayor Cabral, second by Councilmember Knoblock, CARRIED 4-1 (Councilmember Duncan voting NOE), to:

Adopt Resolution No. 24-174, which will:

1. Determine that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 'l (Existing Facilities, 14 CCR 15301 ), Section 15301 of the state CEQA Guidelines.

2. Award a Three-Year Maintenance Services Agreement, with two optional one-year renewals exercisable under the City Manager's discretion, to Great Scott Tree Service, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 67, by and between the City of San Clemente and Great Scott Tree Service, Inc., providing for tree trimming services, in the amount of $310,619 for year one, $319,937.57 for year two and $329,535.70 for year three with up to an annual $60,000 per year supplement for emergency services.

AYE: Enmeier, Knoblock, Loeffler and Mayor Cabral
NOE: Duncan
10E. CONSIDERATION OF REVISING POLICY AND PROCEDURE 1201-8

RELATING TO LEGISLATIVE BODY REIMBURSEMENT
City Manager Hall reviewed the contents of the Administrative Report and responded to City Council inquiries.

Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to repeal Policy and Procedure 1201-8 Legislative Body Reimbursement (dated April 18, 2023) and adopt a new Policy and Procedure 1201-8 Legislative Body Reimbursement.

AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
10F. ESTABLISHMENT OF CITY COUNCIL MEETING SCHEDULE FOR 2025 AND EARLY 2026 AND CONSIDERATION OF ADOPTING A RESOLUTION

MODIFYING THE ST ART TIME OF CITY COUNCIL MEETINGS
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to City Council inquiries.

Tony Rubolino opined that the City Council should meet twice a month.

Amanda Quintanilla opined that the business meeting should begin at 6:00 p.m.

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City Council Regular Meeting Minutes November 19, 2024
Motion by Mayor Pro Tem Enmeier, second by Mayor Cabral, CARRIED 4-1 (Councilmember Duncan voting NOE), to:

1. Cancel the City Council meetings of July 1, 2025 and July 15, 2025 as a regular legislative break.

2. RescheduletheJanuary2l,2025CityCouncilmeetingtoJanuary14, 2025.

3. Cancel the December 2, 2025 and December 16, 2025 City Council meetings and hold one meeting on December 9, 2025 to allow for the Mayor to serve a full year and participate in the City tree lighting ceremony in 2025.

4. Cancel the City Council meeting of January 6, 2026.

5. Adopt Resolution No. 24-175 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

ESTABLISHING THE DATE, TIME AND LOCATION OF CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION N0. 22-48, which
establishes the start time of Closed Session at 4:30 p.m. and the Business Meeting at 5:30 p.m. and formalizes the meeting schedule on an on-going basis.

AYE: Enmeier, Knoblock, Loeffler and Mayor Cabral
NOE: Duncan
1 "1. Consent Calendar
Public Comments on Consent Calendar Items
11D - CONSIDERATION OF APPROVING PARKING MODIFICATIONS TO

CREATE DESIGNATED PASSENGER AND SCHOOL BUS LOADING ZONES

FOR LAS PALMAS ELEMENTARY SCHOOL AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Amanda Quintanilla expressed concerns regarding safety on Calle Aragon due to Las Palmas Elementary School drop-off and pick-up procedures.

Page 16 of 26 ends

City Council Regular Meeting Minutes November 19, 2024
City Council Minutes
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

APPROVE THE CITY COUNCIL SPECIAL AND REGULAR MEETING
MINUTES OF OCTOBER 15, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Commission/Committee Minutes
(2)
(3)
(4)
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to receive and file the following:

INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF AUGUST 5, 2024.

BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF AUGUST 13, 2024.

PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
SEPTEMBER 24, 2024.

PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 2, 2024.
(5) ZONING ADMINiSTRATOR REGULAR MEETING MINuTES OF OCTOBER 17, 2024.
(6) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINuTES OF OCTOBER 23, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Warrant Reqister
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

APPROVE WIRE TRANSFER NOS.
3124 THROUGH 3129 AND WARRANT NOS.
599788 THROUGH 599920, PAID ON
10-4-24, IN THE AMOUNT OF $1 ,704,844.30
(2) APPROVE HANDWRITE NOS. 600096 THROUGH
600097, AND WIRE TRANSFER NOS.
3130 THROUGH 3131 AND WARRANT NOS.
599921 THROUGH 600095, PAID ON
10-11-24, IN THE AMOUNT OF $3,927,779.27
(3) APPROVE WIRE TRANSFER NOS.
3132 THROUGH 3136 AND WARRANT NOS.
600098 THROUGH 600309, PAID ON
10-18-24, IN THE AMOUNT OF $4,7 47,973.56

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City Council Regular Meeting Minutes November 19, 2024
(4) APPROVE WARRANT NOS.
600310 THROUGH 600536, PAID ON
10-25-24, IN THE AMOUNT OF $1 ,784,011 .75
(5)
(6)
APPROVE WIRE TRANSFER NOS.
3137 THROUGH 3142 AND WARRANT NOS.
600537 THROUGH 600639, PAID ON
11-1-24, IN THE AMOUNT OF
APPROVE WIRE TRANSFER NOS.
3143 THROUGH 3144 AND WARRANT NOS.
600640 THROUGH 600822, PAID ON
11-8-24, IN THE AMOUNT OF

TOT AL WARRANT REGISTER
$1 ,520,359.93
$3,482,887.46
$17,167,856.27
AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
Payroll Reqister
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to approve:

WARRANT NOS. 953 THROUGH 954, AND
AUTOMATIC DEPOSIT ADVISES 97738
THROUGH 98078, FOR THE PERIOD
9-16-24 THROUGH 9-29-24, PAID
ON 10-4-24, IN THE AMOLINT OF
WARRANT NOS. 955 THROUGH 956, AND
AUTOMATIC DEPOSIT ADVISES 98079
THROUGH 98411 , FOR THE PERIOD
9-30-24 THROUGH 10-1 3-24, PAID
ON 10-18-24, IN THE AMOUNT OF
WARRANT N0. 957, AND AUTOMATIC
DEPOSIT ADVISES 98412 THROUGH
98736, FOR THE PERIOD 10-14-24
THROUGH 10-27-24, PAID ON 11-1-24,

IN THE AMOUNT OF

TOT AL PAYROLL REGISTER
$519,285.96
$523,053.60
$522,227.75
$1 ,564,567.31
AYE:

NOE:

Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None

Page 18 of 26 ends

City Council Regular Meeting Minutes November 19, 2024
11D. CONSIDERATION OF APPROVING PARKING MODIFICATIONS TO CREATE

DESIGNATED PASSENGER AND SCHOOL BUS LOADING ZONES FOR LAS

PALMAS ELEMENTARY SCHOOL AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

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

Adopt Resolution No. 24-176, 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 parking modifications as illustrated in Attachment 2 as follows:
a. Convert the current temporary passenger loading zone into a permanent one on the south side of Avenida Aragon up to 134 feet in length. b. Convert the current 130-ft 1-hour parking zone into a school bus loading zone marked by yellow curb on the west side of Calle Puente.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11E. CONSIDERATION OF A RESOLUTION TO APPROVE AN AFFORDABLE

HOUSING PROJECT, THAT INCLUDES AN AFFORDABLE HOUSING

AGREEMENT WITH FRIENDSHIP SHELTER INC, AN ANNUAL MONITORING

FEE, AND ZONING CONCESSIONS AND WAIVERS PURSUANT TO STATE

DENSITY BONUS LAW, AND TO DETERMINE THE PROJECT EXEMPT

FROM THE CALIFORNIA ENVIRONMENT AL QUALITY ACT
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-1 77, which will:

1. Determine that the affordable housing project and agreement are exempt from the California Environmental Quality Act (CEQA) under California Public Resources Code (PRC) Section 21080.50 and direct staff to file a notice of exemption.

2. Approve the Project, including the three concessions/waivers requested under the State Density Bonus Law.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 68, the Affordable Housing Agreement, by and between the City of San Clemente and Friendship Shelter Inc., included as Exhibit A of Resolution

Page 19 of 26 ends

City Council Regular Meeting Minutes November 19, 2024
No. 24-1 77.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11F. COMMUNITYFACILITIESDISTRICTN0.2006-01(MARBLEHEADCOASTAL) LOCAL AGENCY SPECIAL TAX AND BOND ACCOuNTABILITY ACT
REPORT (SB 165) FOR FISCAL YEAR ENDED JUNE 30, 2024
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-178 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AND

RECEMNG THE CITY OF SAN CLEMENTE COMMUNITY FACILITIES
DISTRICT N0. 2006-1 LOCAL AGENCY SPECIAL TAX AND BOND

ACCOUNTABILITY ACT COMPLIANCE REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
I 1 G. CONSIDERATION OF A RESOLUTION ADOPTING FISCAL YEAR 2023-2024 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SAN CLEMENTE Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-179 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, TO ADOPT THE FISCAL YEAR 2023-2024 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SAN CLEMENTE.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11H. CONSIDERATION OF A RESOLUTION AWARDING SPORTS PARTNERSHIP ST ATUS FOR THE SPRfNG PRIMARY SEASON SPORTS
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

1. Adopt Resolution No. 24-180 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AWARDING

RECREATIONAL YOUTH SPORTS PARTNERSHIP STATUS TO SAN
CLEMENTE LITTLE LEAGUE AND SAN CLEMENTE GIRLS SOFTBALL.

2. Approve, and authorize the Beaches, Parks and Recreation Director to execute, Contract No. C24-69, Recreation Sports Partnership Agreement,

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City Council Regular Meeting Minutes November 19, 2024
by and between the City of San Clemente and San Clemente Little League, Tier I Sports Partnership Status, for a three-year term.

3. Approve, and authorize the Beaches, Parks and Recreation Director to execute, Contract No. C24-70, Recreation Sports Partnership Agreement, by and between the City of San Clemente and San Clemente Girls Softball, Tier I Sports Partnership Status, for a three-year term.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
111. CONTRACT AWARD - LIFEGUARD TOWERS REPLACEMENT (2024), AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENT AL QUALITY ACT
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-181, which will:

1. Find the Lifeguard Towers Replacement (2024), CIP Project No. 22104, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302.

2. Award the Lifeguard Towers Replacement (2024), CIP Project No. 22104, construction contract to Pantheon Diversified, Inc. as the lowest responsible and responsive bidder.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 71, by and between the City of San Clemente and Pantheon Diversified, Inc., providing For Lifeguard Towers Replacement, in the amount or $115,000, in a form substantially similar to Contract No. C24-71 (Attachment 2).

4. Approve a 1 5% project contingency of $17,250.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11J. CONTRACT AWARD - COMPLETION OF A PARKING AND

TRANSPORTATION DEMAND MANAGEMENT ANALYSIS AND POLICY

DEVELOPMENT FOR LOCAL COAST AL PROGRAM, ACCEPTING RELATED

GRANT FUNDING, MAKING A SUPPLEMENTAL APPROPRIATION, AND

FINDING THE PROJECT ST ATUTORILY EXEMPT FROM THE CALIFORNIA

ENVIRONMENT AL QUALITY ACT
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24182, which will:

1. Find the project statutorily exempt from the California Environmental Quality

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City Council Regular Meeting Minutes November 19, 2024
Act (CEQA) under Section 15262 (Feasibility and Planning Studies) and 15378 (No Potential for Impact) of the state CEQA Guidelines.

2. Award a professional consulting services agreement to Chen Ryan Associates, Inc., to conduct a parking and transportation demand management analysis for the downtown, North Beach, Pier Bowl, and other coastal areas.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 72, by and between the City of San Clemente and Chen Ryan Associates, Inc., providing for a parking and transportation demand management analysis for the downtown, North Beach, Pier Bowl, and other coastal areas, in an in an amount not to exceed $250,000.

4. Accept grant revenues in the amount of $250,000 to Account No. 001-000 -33446 (Coastal Grant Revenue).

5. Approve a supplemental appropriation of $250,000 to Account No. 001- 433 -43695 (Professional Studies).

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11K. CONTRACT AWARD - BIOLOGICAL MONITORING AND INSPECTION

SERVICES FOR THE AVENIDA MONTALVO CANYON AND TRAIL

IMPROVEMENTS HABITAT RESTORATION, AND APPROVING A
SUPPLEMENT AL APPROPRIATION IN THE AMOUNT OF $30,000
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-183, which will:

1. Approve a supplemental appropriation in the amount of $30,000 from the Local Drainage Facilities Fund into Account No. 033-832-45300-000- 16004.

2. Award a Professional Services Agreement to SWCA Environmental Consultants for monitoring and inspection services for the Avenida Montalvo Canyon and Trail Improvements Habitat Restoration, CIP Project No. 16004.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 73, by and between the City of San Clemente and SWCA Environmental Consultants, providing for monitoring and inspection services for the Avenida Montalvo Canyon and Trail Improvements Habitat Restoration, in an amount not to exceed $89,828.

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

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City Council Regular Meeting Minutes November 19, 2024
11L. CONTRACT AMENDMENTS

SERVICES

AS NEEDED BUILDING PLAN REVIEW
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No, 24-184, which will:

1. Approve the first amendment to the Professional Consulting Services Agreement with VCA Consultants, Inc. for Building Plan Review Services in an amount not to exceed $150,000.

2. Approve the first amendment to the Professional Consulting Services Agreement with West Coast Code Consultants, Inc. for Building Plan Review Services in an amount not to exceed $150,000.

3. Approve a supplemental appropriation in the amount or $130,000 to Account No. 001-421-43890-000-0000 and accept additional building revenues of $130,000 to Account No. 001-000-32210-000-00000.

4. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-03, by and between the City of San Clemente and with VCA Consultants, Inc., providing for Building Plan Review Services, in an amount not to exceed $150,000.

5. Approve, and authorize the City Manager to execute, Amendment No. 4 to Contract No. C24-02, by and between the City of San Clemente and with West Coast Code Consultants, Inc., providing for Building Plan Review Services, in an amount not to exceed $150,000.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11M. CONSIDERATION OF APPROVING THE SAN CLEMENTE LAND OUTFALL (PC 10) ASSET TRANSFER AND DISSOLUTION AGREEMENT, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-185, which will:

1. Approve, and authorize the City Manager to execute, Contract No. 24-74, San Clemente Land Outfall (PC 10) Asset Transfer and Dissolution Agreement.

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

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City Council Regular Meeting Minutes November 19, 2024
11N. CONSIDERATION OF APPROVING FIVE SOUTH ORANGE COUNTY

WASTEWATER AUTHORITY (SOCWA) REORGANIZATION AGREEMENTS
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-186, which will:

1. Approve Amendment No. 1 to Joint Powers Agreement, Asset and Capacity Transfer Agreement (Agreement No. 1 )(C24-75).

2. Moulton Niguel Water District - South Orange County Wastewater Authority Withdrawal Agreement (Agreement No. 4)(C24-76).

3. Assignment and Assumption Agreement (PC 5, Agreement No. 6)(C24- 77).

4. Transfer Price Allocation Memorandum of understanding (C24-78).

5. Approve, and authorize the City Manager to execute said agreements.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
110. CONSIDERATION OF RESOLUTION N0. 24-'187 AUTHORIZING AN

EXEMPTION TO THE FORMAL SOLICITATION PROCESS FOR THE
PURCHASE OF DELL SERVERS FROM SIDEPATH, INC. IN AN AMOUNT NOT TO EXCEED $72,175
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-187, which will:

Approve, and authorize the City Manager to execute, Contract No. C24-79, by and between the City of San Clemente and Sidepath, Inc., providing for the purchase of the Dell Servers under substantially the same terms and conditions of NASPO Contract No. 23026 and California State Participating Addendum No. 7-23-70-55-01, in an amount not to exceed $72,175, which includes four Dell servers and three years of maintenance and support.

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

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CityCouncil RegularMeetingMinutes Novemberl9,2024
11P. NOTICE OF COMPLETION - SAN CLEMENTE VILLAS BY THE SEA STORM

DRAIN REPAIR
Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-188, which will:

1. Accept San Clemente Villas by the Sea Storm Drain Repair, Project No. 26001, from the contractor, GCI Construction, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed San Clemente Villas by the Sea Storm Drain Repair.

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, GCI Construction, Inc.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11Q. CONSIDERATION OF RETURNING AN OVERPAYMENT OF BUSINESS LICENSE TAX TO VILLA SAN CLEMENTE, LLC IN THE AMOUNT OF $87,359 Motion by Mayor Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-189 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

RETURN OF OVERPAYMENT OF BUSINESS LICENSE TAXES TO VILLA SAN CLEMENTE, LLC IN THE AMOUNT OF $87,359
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

12. Oral Communications (Part 2)
Tony Rubolino commented on the November 5, 2024 election results.

13. FutureAgendaltems
Pickleball at San Gorgonio Park
Councilmember Loeffler, with the support of Councilmember Knoblock and Mayor Cabral agendized re-evaluating pickleball hours and play at San Gorgonio Park.

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City Council Regular Meeting Minutes November 19, 2024
Restrictinq the Use of Mayor and Mayor Pro Tem Titles
Councilmember Knoblock, with the support of Councilmember Loeffler and Mayor Cabral agendized consideration of an ordinance preventing or restricting councilmembers from utilizing the title of Mayor and Mayor Pro Tem.

14. Reports
Commissions and Committees
Mayor Pro Tem Enmeier displayed a photograph of Mae Mae, an adoptable dog, at Coastal Animal Services Authority. A hard copy of the photograph is on file with the City Clerk.

B. Council Subcommittee Updates
None.

C. City Attorney
None.

D. City Manager
None.

15. Adjournment
Motion by Councilmember Duncan, second by Councilmember Loeffler, CARRIED 5-0, to adjourn at 10:56 p.m. The next Regutar Meeting will be held on December 10, 2024. Closed Session will begin at 4:30 p.m. The Business Meeting will commence at 5:30 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 None
MAYOR of e City of
San Cle te. California
CI CLERK of the City of
San Clemente. California

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