City Council
Regular MeetingSan Clemente, CA · September 6, 2022
Minutes
CITY OF SAN CLEMENTE 910 Calle Negocio
Tuesday, September 6, 2022 5:00 PM 2nd Floor
City Council San Clemente, California
Regular Meeting Minutes www.san-clemente.org
5:00 p.m. – Business Meeting I Mayor James
6:00 p.m. – Closed Session Mayor Pro Tem Duncan
7:00 p.m. – Business Meeting II Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
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 and Special Meeting of the San Clemente City Council was called to
order by Mayor James on September 6, 2022 at 5:00 p.m. in the San Clemente
Community Center auditorium, located at 100 N. Calle Seville, San Clemente.
PRESENT: Duncan, Ferguson, Mayor James, Knoblock, and Ward
STAFF PRESENT: Erik Sund, City Manager; Scott Smith, City Attorney; Megan
Garibaldi, Deputy City Attorney; Joanne Baade, City Clerk; Laura
Campagnolo, Legislative Administrator; Megan Jimenez, Deputy
City Clerk
BUSINESS MEETING PART 1
INVOCATION
Michael Holmes, Student Director, Shoreline Community Church gave the invocation.
PLEDGE OF ALLEGIANCE
Amanda Quintanilla led the Pledge of Allegiance.
1. Motion waiving reading in full of all Resolutions and Ordinances
Motion by Mayor James, second by Councilmember Knoblock, CARRIED to waive
reading in full of all Resolutions and Ordinances.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
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City Council Regular Meeting Minutes September 6, 2022
2. Consideration of agendizing items requiring immediate action
None.
3. Oral Communications (Part 1)
Brad (no last name provided) commented on the City's Legal Services contract for City
Attorney; voiced concern with the Subcommittee recommendation for City Manager.
Martina (no last name provided) spoke on the need to reinstate an ethics policy; opined
that campaign contributions could create a potential conflict of interest.
Eric Anderson, San Clemente, requested that Council support the Capistrano Shores
Mobilehome Park with regard to California Coastal Commission building height
requirements; provided a draft letter to Council, which is on file with the City Clerk.
George Gregory spoke on the City Council meeting agenda format and spoke to the
importance of equal enforcement of laws.
Mikii Rathmann, PierPride Foundation volunteer, narrated a Powerpoint entitled
"PierPride 2022 Update". A hard copy of the presentation is on file with the City Clerk.
Don Brown and Jim Nielsen, with the PierPride Foundation, announced the completion
of the Snack Shack renovation; presented the City with a check in the amount of
$75,000.
Concerned Citizen, San Clemente, narrated a PowerPoint on Municipal Code 8.48.090
relating to noise levels that create a public nuisance. A hard copy of the presentation is
on file with the City Clerk.
Tyler Boden, speaking on behalf of the San Clemente Chamber of Commerce, spoke
on the success of the Fiesta Music Festival held on August 14, 2022.
Dawn Urbanek spoke on a letter written and posted on social media by Mayor Pro Tem
Duncan concerning his pro-choice stance.
Stuart Anderson spoke on the San Diego County Safe Parking Program and
encouraged Council to consider a similar program in San Clemente.
Mark Enmeier, San Clemente, spoke on safety concerns for e-bikes and the need for
additional bike lanes.
Amanda Q commented on the Town Hall Meeting concerning Max Berg Plaza Park and
the effort to prevent RVs from parking along the park and school grounds.
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City Council Regular Meeting Minutes September 6, 2022
Safe Parking Program
Motion by Mayor Pro Tem Duncan to agendize consideration of a Safe Parking
Program in San Clemente. Motion WITHDRAWN by Mayor Pro Tem Duncan.
Motion by Mayor Pro Tem Duncan, FAILED to assign the Human Affairs Committee to
evaluate the feasibility of a Safe Parking Program in San Clemente.
AYE: Duncan
NOE: Ferguson, Mayor James, Knoblock, and Ward
Capistrano Shores Building Heights
Councilmember Knoblock, with the support of Mayor James and Mayor Pro Tem
Duncan, agendized consideration of a letter of support for the Capistrano Shores
Mobilehome Park building height allowance under review by the California Coastal
Commission at the September 20, 2022 City Council Meeting.
E-Bikes
Mayor James, with the support of Mayor Pro Tem Duncan and Councilmember
Knoblock, agendized the review of the Carlsbad Emergency Order concerning e-bikes
and requested that the Public Safety Committee and the City's Traffic Engineer brief
Council at the September 20, 2022 City Council Meeting on current efforts regarding
the safety of e-bikes.
4. Consent Calendar
The following Items were removed from the Consent Calendar for discussion: 4C(2),
4G, 4H, 4I.
A. City Council Minutes
Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to:
(1) APPROVE THE MINUTES OF THE REGULAR AND SPECIAL COUNCIL
MEETING OF AUGUST 16, 2022.
(2) APPROVE THE MINUTES OF THE JOINT CITY COUNCIL MEETING OF AUGUST
30, 2022.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
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City Council Regular Meeting Minutes September 6, 2022
B. Commission/Committee Minutes
Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to
receive and file:
(1) Public Safety Committee Regular Meeting minutes of May 24, 2022
(2) Public Safety Committee Regular Meeting minutes of June 28, 2022
(3) Zoning Administrator Regular Meeting minutes of August 4, 2022
(4) Zoning Administrator Regular Meeting minutes of August 18, 2022
(5) Public Safety Committee Regular Meeting minutes of July 26, 2022
(6) Human Affairs Committee Special Meeting minutes of August 16, 2022.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
C(1). Warrant Register
Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to:
Approve Wire Transfer Nos.
2699 through 2701 and Warrant Nos.
582951 through 583061, paid on
8-19-22, in the amount of…….……….……..…..…….…..… $ 648,171.86
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
Warrant Register C(2) was removed from the Consent Calendar for discussion.
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City Council Regular Meeting Minutes September 6, 2022
Payroll Register
Motion by Councilmember Ward, second by Councilmember Knoblock, CARRIED to:
Approve Warrant Nos. 875 through 877
Automatic Deposit Advises 80452
through 80774, for the period
8-8-22 though 8-21-22, paid
on 8-26-22, in the amount of………..……..…..………….…….$ 485,946.05
TOTAL PAYROLL REGISTER………………………………….$ 485,946.05
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
D. ORDINANCE NO. 1733 (SECOND READING) - PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
Motion by Councilmember Ward, second by Councilmember Knoblock,
CARRIED to adopt Ordinance 1733 entitled AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE ADDING CHAPTER 10.54
(UNLAWFUL POSSESSION OF A CATALYTIC CONVERTER PROHIBITED)
OF TITLE 10 (VEHICLES AND TRAFFIC) TO THE SAN CLEMENTE
MUNICIPAL CODE ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
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City Council Regular Meeting Minutes September 6, 2022
E. NOTICE OF COMPLETION - FY 2021 STREET IMPROVEMENT PROGRAM
AND FY 2022 MAJOR STREET MAINTENANCE
Motion by Councilmember Ward, second by Councilmember Knoblock,
CARRIED to:
1. Accept the FY 2021 Street Improvement Program and FY 2022 Major Street
Maintenance, from the contractor Roy Allen Slurry Seal, Inc., CIP Project Nos.
11306 and 22303.
2. Authorize the Public Works Director/City Engineer to execute and record the
Notice of Completion for FY 2021 Street Improvement Program and FY 2022
Major Street Maintenance.
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, Roy Allen Slurry
Seal, Inc.
4. Authorize the City Clerk to release the Performance Bond upon receipt of a
Warranty Bond in the amount of 25% of the construction cost.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
F. CONTRACT AWARD - FY 2023 PAVEMENT PRESERVATION PROGRAM
Motion by Councilmember Ward, second by Councilmember Knoblock,
CARRIED to:
1. Approve the plans and specifications for FY 2023 Pavement Preservation
Program, Project No. 23303.
2. Approve, and authorize the Public Works Director/City Engineer to execute,
Contract No.C22-51, by and between the City of San Clemente and Palp Inc.
DBA Excel Paving Company, providing for FY 2023 Pavement Preservation
Program, in the amount of $238,550.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
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City Council Regular Meeting Minutes September 6, 2022
J. UPDATE TO POLICY AND PROCEDURE 601-8-19 (USE OF INFORMATION
TECHNOLOGY)
Motion by Councilmember Ward, second by Councilmember Knoblock,
CARRIED to approve Policy and Procedure 601-8-19 (Use of Information
Technology), effective September 6, 2022 and authorize the City Manager to
update as needed.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
K. PURCHASE OF WATER METERS FOR FISCAL YEAR 2022-23.
Motion by Councilmember Ward, second by Councilmember Knoblock,
CARRIED to approve the purchase of water meters from Ferguson Waterworks
and Metron-Farnier for Fiscal Year 2022-23 based on the fixed price quotes for a
total amount not to exceed $102,000.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
C(2). WARRANT REGISTER
Motion by Councilmember Ferguson, second by Mayor James, CARRIED to:
Approve Wire Transfer Nos.
2702 through 2706 and Warrant Nos.
583062 through 583175, paid on
8-26-22, in the amount of…….……….……..…..…….…..… $ 6,376,489.40
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
G. SUPPLEMENTAL APPROPRIATION FOR SLOPE ANALYSIS AT 100 AVENIDA
PRESIDIO
Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to approve an
appropriation of $110,000 from the General Fund Unassigned Fund Balance into
account 001-411-43690-000-00000, Development Engineering - Other Professional
Services and authorize the Public Works Director/City Engineer to execute Contract No.
C22-52 with the selected firm to perform the scope of services as depicted in their
proposal and pursuant to their existing Professional Services Agreement.
AYE: Duncan, Ferguson, Mayor James, and Ward
NOE: Knoblock
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City Council Regular Meeting Minutes September 6, 2022
H. CONTRACT AWARD - WORKERS’ COMPENSATION THIRD PARTY
ADMINISTRATIVE SERVICES AGREEMENT
Motion by Councilmember Knoblock, second by Mayor James, CARRIED to
approve, and authorize the City Manager to execute, Contract No. C22-53, by
and between the City of San Clemente and Adminsure, Inc., providing for
Workers' Compensation Claims Administration Services, for a period of one
year.
AYE: Ferguson, Mayor James, and Knoblock
NOE: Duncan, and Ward
I. RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE TO CONSIDER
SITE AT 380 AVENIDA PICO (THE CITY’S WATER RECLAMATION PLANT
PROPERTY) AS A POTENTIAL LOCATION FOR AN EMERGENCY FOOD
STORAGE UNIT
Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to table
this item and schedule meetings with no more than two Councilmembers at a
time with the Public Safety Committee and the vendor to discuss the details of
the project.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
5. Reports
A. Commissions and Committees
None.
B. City Manager
Announcement of Contracts Approved and Executed by the City
Manager
City Manager Sund reported that the following professional services contracts were
executed under his signature authority: 1) GPA Consulting - Historic Preservation
Consulting in the amount of $32,500 (an increase of $15,000); 2) O'Connell
Engineering and Construction - Primary Clarifier No. 5 Concrete Repair in the amount
of $16,825; 3) Bird Solutions International - On-Call Bird Trapping and Rehoming and
Pier Netting Inspection and Maintenance Services $25,000.
City Council Administration
City Manager Sund provided an update on the City's new legislative software
(Granicus), and on the Council Chambers construction at 910 Calle Negocio; reported
that the City Council Meeting of September 20, 2022 will be held in the new chambers
with additional equipment to be installed when available.
Staff to research to see if the approval queue can be made visible on the Administrative
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City Council Regular Meeting Minutes September 6, 2022
Reports.
C. City Attorney
City Attorney Smith provided an update on Senate Bill 1224 Watersheds: Wildlife
Habitat: Counties of Orange and San Diego; noted the City's grant application to protect
open space is almost complete and ready for submission.
D. Council Members
Miniature Golf
Motion by Councilmember Ferguson, second by Mayor James, CARRIED to issue a
request for proposals in two months to consider a miniature golf course at the vacant
area at the Vista Hermosa Sports Park.
AYE: Duncan, Ferguson, Mayor James, and Knoblock
NOE: Ward
Pickleball
Motion by Councilmember Ward to table the discussion of pickleballl until three
Councilmembers want to agendize. Motion DIED for lack of a second.
Motion by Councilmember Knoblock, second by Mayor James, CARRIED to agendize
for Closed Session at the September 20, 2022 City Council meeting a discussion of the
Pickleball Noise Study, Ordinance and claim.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
Residential View Protection
Mayor James, with the support of Councilmember Knoblock and Mayor Pro Tem
Duncan, agendized for the Council Meeting of October 4, 2022, consideration of
codifying protection of residential views. Staff is to include an analysis of view
Ordinances in effect in the cities of Del Mar, Laguna Beach, Palos Verdes and Tiburon .
Public Records Requests on the City's Website
Mayor James, with the support of Mayor Pro Tem Duncan, requested that staff make
Public Records Act requests viewable and searchable on the City's website; and have
staff return to Council if there are any costs involved.
Legal Services Review
Mayor James, with the support of Councilmember Knoblock and Councilmember
Ferguson, agendized a closed session to review legal costs, litigation, and impacts of
issuing a request for proposals for legal services. Council suggested beginning the
Closed Session at 3:00 p.m. before a regularly scheduled meeting in October 2022.
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Surfing League Finals
Mayor Pro Tem Duncan discussed the world surfing league finals and the benefit to the
community.
E. Council Subcommittee Updates
None.
CLOSED SESSION
Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED
to recess to Closed Session at 6:27 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: City of San Clemente v. Urban Development Corp, et al.
Case Number: OCSC 30-2022-01261890-CU-OR-CJC
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 2.2 acre section of and 80 acre parcel on the southwest corner of Avenida La
Pata and Vista Hermosa, Assessor’s Parcel Number 678-163-01
Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, Pacific Medical Buildings on behalf of Hoag
Under Negotiation: Price and terms of payment
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
BUSINESS MEETING PART 2
Council reconvended at 7:00 p.m., with all Councilmembers present.
6. Closed Session Report - City Attorney
No Reportable Action.
7. Special Presentations
A. Presentation of Commendation to City Manager Sund
Concerned Citizen, San Clemente, presented a PowerPoint concerning the City
Managers service. A hard copy of the subject PowerPoint is on file with the City Clerk.
Mayor James, presented a commendation to City Manager Sund for his years of
exemplary service to the City of San Clemente.
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City Council Regular Meeting Minutes September 6, 2022
B. Recognition of Out-Going Commission and Committee Members
Mayor James recognized the following out-going members of the City's Commissions
and Committees and presented City tiles to those in attendance: Joe Janis, Public
Safety Committee; John Bandaruk, Beaches, Parks and Recreation Commission;
Vincent Hennessy, Beaches, Parks and Recreation Commission; Aaron Washington,
Beaches, Parks and Recreation Commission; Shari Grace, Human Affairs Committee;
William Kreutinger, Human Affairs Committee; Thomas Olds, Human Affairs Committee
and Investment Advisory Committee.
C. Update on Homeless Issue
Donna Vidrine, San Clemente, spoke on the need for housing for the homeless.
The August Update to be provided at September 20, 2022 Council Meeting.
8. Public Hearings
None.
9. Unfinished Business
None.
10. New Business
Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to consider
item 10E - Appointment of Sean Joyce as Interim City Manager, ahead of other items in
New Business. Please see page 13 of these minutes for action.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
A. ESTABLISHMENT OF A CITIZENS SUBCOMMITTEE TO FURTHER ANALYZE THE
FEASIBILITY OF AN AMPHITHEATER (Agendized by Council at the August 16, 2022
City Council Meeting.)
Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED
to authorize each Councilmember to appoint one member to the newly formed
Amphitheater Citizens Committee.
AYE: Ferguson, Mayor James, and Knoblock
NOE: Duncan, and Ward
Motion by Councilmember Ferguson, second by Councilmember Knoblock, CARRIED
to sunset the Amphitheater Citizens Committee in two years.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
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City Council Regular Meeting Minutes September 6, 2022
B. REVIEW OF THE CITY’S CR&R SOLID WASTE AND RECYCLING
AGREEMENT BY MSW CONSULTANTS
David Davis, Founder, MSW Consultants narrated a PowerPoint entitled "Solid
Waste Agreement: Negotiate or RFP". A hard copy of the presentation is on file
with the City Clerk.
City Manager Sund to research the Lake Forest/ Laguna Niguel cooperative
Request for Proposal for Waste and Recycling Services.
Motion by Councilmember Knoblock, second by Mayor Pro Tem Duncan,
CARRIED to:
1. Authorize the City Manager to issue CR&R a notice of termination of the
automatic renewal of the Franchise Agreement prior to September 30, 2022.
This will result in the Franchise Agreement terminating on June 30, 2024;
2. Direct City staff to:
a. Enter into negotiations with CR&R for a period not to exceed four months.
b. If an agreement is not reached within four months, issue a Request for
Proposals and solicit firms for a new solid waste and recycling Franchise
Agreement.
3. Include an analysis for Street Sweeping services or revenue as part of
recommended action number two.
4. Approve and authorize the City Manager to execute, Amendment No. 1 to
Contract AC-1046, by and between the City of San Clemente and MSW
Consultants, providing for solid waste and recycling negotiations. This
Amendment increases the contract amount from $25,000 to an amount not to
exceed $65,000 (an increase of $40,000).
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
C. APPROVAL OF LONG-TERM WASTEWATER SERVICES AGREEMENT WITH
SANTA MARGARITA WATER DISTRICT (SMWD)
City Attorney Smith recused himself for this item as he represents both the City
of San Clemente and Santa Margarita Water District. City Attorney Smith left the
meeting room at 8:30 p.m. Deputy City Attorney Garibaldi acted as legal counsel.
Utilities Director Rebensdorf narrated a PowerPoint entitled "Agreement for
Wastewater Services and Recycled Water Purchases between the City and
Santa Margarita Water District (SMWD)". A hard copy of the presentation is on
file with the City Clerk.
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City Council Regular Meeting Minutes September 6, 2022
Dan Ferons, General Manager of the Santa Margarita Water District, responded
to Council inquiries.
Motion by Councilmember Ferguson, second by Mayor James, CARRIED to
review the process of having the City's operations annexed and review the annex
documents from the City of San Juan Capistrano.
AYE: Ferguson, Mayor James, and Knoblock
NOE: Duncan, and Ward
Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to:
1. Approve, and authorize the City Manager to execute Contract No.C22-54, by
and between the City of San Clemente and the Santa Margarita Water District,
providing for wastewater treatment services and recycled water purchases from
July 1, 2022 through June 30, 2052.
2. Transfer $11,800 from account no. 054-447-47250-000-12605 to account no.
054-477-45300-000-12206.
3. Authorize expenditures in the amount of $3,100,000 from account no. 054-
477-45300-000-12207 for Trampas Regional Recycled Water Reservoir and
$611,800 for Pico Recycled Water Pump Station from account no. 054-477-
45300-000-12206.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
City Attorney Smith returned to the meeting room at 8:51 p.m.
MEETING RECESSED
Council recessed at 8:51 p.m. and reconvened at 8:57 p.m., with all Councilmembers
present.
D. POLICY AND PROCEDURE 1201-13 RELATING TO CITY COUNCIL USE OF
LETTERHEAD AND STATIONERY (Agendized at the August 16, 2022 City Council
Meeting by Mayor James, with support of Councilmember Ward and Councilmember
Knoblock)
Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to approve
Policy and Procedure 1201-13 (Use of City of San Clemente Letterhead and
Stationery).
AYE: Duncan, Ferguson, Mayor James, and Knoblock
NOE: Ward
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E. APPOINTMENT OF SEAN JOYCE AS INTERIM CITY MANAGER
Note: this item was discussed earlier in the meeting. See page 11 of these
minutes for action.
Motion by Councilmember Ferguson, second by Councilmember Knoblock,
FAILED to table the item to the next Closed Session to allow Council to conduct
20 minute interviews per candidate.
AYE: Ferguson, and Knoblock
NOE: Duncan, Mayor James, and Ward
Motion by Mayor James, second by Councilmember Knoblock, CARRIED to
recess to Closed Session at 7:30 p.m. to discuss Public Employee Appointment
pursuant to Government Code 54957 Public Employee Appointment - Interim
City Manager.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
Council reconvened at 7:43 p.m., with all Councilmembers present.
Motion by Councilmember Ward, second by Mayor Pro Tem Duncan, CARRIED
to:
1. Adopt Resolution No. 22-35 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE
APPOINTMENT OF SEAN JOYCE AS INTERIM CITY MANAGER AND
APPROVING AN EMPLOYMENT AGREEMENT IN CONNECTION
THEREWITH.
2. Approve, and authorize the Mayor to execute, Contract No. C22-55, by and
between the City of San Clemente and Sean Joyce, providing for Interim City
Manager Services, at the rate of $133.70/hour.
AYE: Duncan, Mayor James, and Ward
NOE: Ferguson, and Knoblock
11. Reports
The Reports portion of the agenda was considerted during Part 1 of the meeting.
Please refer to page 8 of these minutes for a summary of that discussion.
12. Oral Communications (Part 2)
None.
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City Council Regular Meeting Minutes September 6, 2022
13. Adjournment
Motion by Mayor James, second by Councilmember Ferguson, CARRIED to adjourn at
9:11 p.m. in memory of Courtney Faye Smith. The next Regular Meeting will be held on
September 20, 2022. Part 1 of the Regular Business Meeting will commence at 5:00
p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will
commence at 7:00 p.m. The meeting will take place in the City Hall Council Chambers,
located at 910 Calle Negocio, 2nd Floor, San Clemente.
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California
Page 15 of 15
Agenda
CITY OF SAN CLEMENTE Community Center
Tuesday, September 6, 2022 5:00 PM 100 N. Calle Seville
City Council San Clemente, California
Regular and Special Meeting Agenda www.san-clemente.org
5:00 p.m. – Business Meeting I Mayor James
6:00 p.m. – Closed Session Mayor Pro Tem Duncan
6:30 p.m. – Business Meeting II Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
Information concerning City Council Meeting protocols and procedures is contained at the end
of this agenda.
RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of
the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at
the entrance to the Community Center Auditorium and turn it in to the City Clerk or Deputy
City Clerk.
• Persons wishing to address Council concerning an agendized item will be invited to
address Council during the time that Council is considering that particular agenda item .
Persons wishing to address Council concerning a non-agendized issue will be invited to
address Council during the “Oral Communications” portion of the meeting.
• When invited by the Mayor, please step to the podium, and if you wish, state your name
and the City in which you reside, and make your presentation. Please limit your
presentation to three minutes.
MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition
dedicated to:
Maintaining a safe, healthy atmosphere in which to live, work and play;
Guiding development to ensure responsible growth while preserving and enhancing our
village character, unique environment and natural amenities;
Providing for the City’s long-term stability through promotion of economic vitality and
diversity…
Resulting in a balanced community committed to protecting what is valued today while
meeting tomorrow’s needs.
Page 1 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
BUSINESS MEETING PART 1 (5:00 P.M.)
CALL TO ORDER
INVOCATION – Michael Holmes, Student Director, Shoreline Community Church
PLEDGE OF ALLEGIANCE
ROLL CALL
1. Motion waiving reading in full of all Resolutions and Ordinances
2. Consideration of agendizing items requiring immediate action
Any items agendized will be considered under New Business, unless otherwise
determined by a majority vote of the City Council.
3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the
jurisdiction of the City of San Clemente, but not separately listed on the agenda, may
do so during the Oral Communications portion of the meeting. Speakers may address
Council once during either Oral Communications Part 1 or Part 2. A total time limitation
of 30 minutes is allocated for Oral Communications Part 1, with each speaker being
allotted 3 minutes in which to give his or her presentation. Speaker order is determined
by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk
at the meeting. Speakers that cannot be accommodated during Oral Communications
Part 1 will be invited to address Council during Oral Communications Part 2, which
appears on this agenda as Item No. 10. When invited by the Mayor, please step to the
podium, and if you wish, state your name and the City in which you reside, and make
your presentation. Subject to very limited exceptions, Council is not permitted to
discuss or take action on items that do not appear on the agenda.
4. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be
enacted by one motion without discussion unless Council, Staff, or the public requests
removal of an item for separate discussion and action.
A. City Council Minutes
Staff Recommendation
(1) APPROVE THE MINUTES OF THE REGULAR AND SPECIAL COUNCIL
MEETING OF AUGUST 16, 2022.
(2) APPROVE THE MINUTES OF THE JOINT CITY COUNCIL MEETING OF
AUGUST 30, 2022.
Page 2 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
B. Commission/Committee Minutes
Staff Recommendation
Receive and file the following:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF MAY 24,
2022.
(2) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JUNE 28,
2022.
(3) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF AUGUST 4,
2022.
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF AUGUST 18,
2022.
(5) PUBLIC SAFETY COMMITTEE REULAR MEETING MINUTES OF JULY 26,
2022.
(6) HUMAN AFFAIRS COMMITTEE SPECIAL MEETING MINUTES OF AUGUST
16, 2022.
C. Warrant Register
(1) Approve Wire Transfer Nos.
2699 through 2701 and Warrant Nos.
582951 through 583061, paid on
8-19-22, in the amount of…….……….……..…..…….…..… $ 648,171.86
(2) Approve Wire Transfer Nos.
2702 through 2706 and Warrant Nos.
583062 through 583175, paid on
8-26-22, in the amount of…….……….……..…..…….…..… $ 6,376,489.40
TOTAL WARRANT REGISTER……………………………….$ 7,024,661.26
Payroll Register
Warrant Nos. 875 through 877
Automatic Deposit Advises 80452
through 80774, for the period
8-8-22 through 8-21-22, paid
on 8-26-22, in the amount of………..……..…..………….………$ 485,946.05
TOTAL PAYROLL REGISTER………………………………….$ 485,946.05
Page 3 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
D. ORDINANCE NO. 1733 (SECOND READING) - PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
Staff Recommendation
Adopt Ordinance No. 1733 entitled AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SAN CLEMENTE ADDING CHAPTER 10.54 (UNLAWFUL
POSSESSION OF A CATALYTIC CONVERTER PROHIBITED) OF TITLE 10
(VEHICLES AND TRAFFIC) TO THE SAN CLEMENTE MUNICIPAL CODE
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL
POSSESSION OF CATALYTIC CONVERTERS.
E. NOTICE OF COMPLETION - FY 2021 STREET IMPROVEMENT PROGRAM
AND FY 2022 MAJOR STREET MAINTENANCE
Staff Recommendation
1. Accept the FY 2021 Street Improvement Program and FY 2022 Major Street
Maintenance, from the contractor Roy Allan Slurry Seal, Inc., CIP Project Nos.
11306 and 22303.
2. Authorize the Public Works Director/City Engineer to execute and record the
Notice of Completion for FY 2021 Street Improvement Program and FY 2022
Major Street Maintenance.
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, Roy Allan Slurry
Seal, Inc.; and
4. Authorize the City Clerk to release the Performance Bond upon receipt of a
Warranty Bond in the amount of 25% of the construction cost.
F. CONTRACT AWARD - FY 2023 PAVEMENT PRESERVATION PROGRAM
Staff Recommendation
1. Approve the plans and specifications for FY 2023 Pavement Preservation
Program, Project No. 23303.
2. Approve, and authorize the Public Works Director/City Engineer to execute,
Contract No.C22-51, by and between the City of San Clemente and Palp Inc.
DBA Excel Paving Company, providing for FY 2023 Pavement Preservation
Program, in the amount of $238,550.
Page 4 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
G. SUPPLEMENTAL APPROPRIATION FOR SLOPE ANALYSIS AT 100
AVENIDA PRESIDIO
Staff Recommendation
Approve an appropriation of $110,000.00 from the General Fund Unassigned
Fund Balance into account 001-411-43690-000-00000, Development
Engineering – Other Professional Services and authorize the Public Works
Director/City Engineer to execute Contract No. C22-52 with the selected firm to
perform the scope of services as depicted in their proposal and pursuant to their
existing Professional Services Agreement.
H. CONTRACT AWARD - WORKERS’ COMPENSATION THIRD PARTY
ADMINISTRATIVE SERVICES AGREEMENT
Staff Recommendation
Approve, and authorize the City Manager to execute, Contract C22-53, by and
between the City of San Clemente and AdminSure, Inc., providing for Workers’
Compensation Claims Administration Services, for a period of five years, in an
amount not to exceed $190,000.
I. RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE TO CONSIDER
SITE AT 380 AVENIDA PICO (THE CITY’S WATER RECLAMATION PLANT
PROPERTY) AS A POTENTIAL LOCATION FOR AN EMERGENCY FOOD
STORAGE UNIT
Public Safety Committee Recommendation
Approve the Public Safety Committee’s recommendation to allow a portion of
the City’s Water Reclamation Plant property to be used for the placement of an
emergency food-storage unit.
J. UPDATE TO POLICY AND PROCEDURE 601-8-19 (USE OF INFORMATION
TECHNOLOGY)
Staff Recommendation
Approve Policy and Procedure 601-8-19 (Use of Information Technology),
effective September 6, 2022 and authorize the City Manager to update as
needed.
K. PURCHASE OF WATER METERS FOR FISCAL YEAR 2022-23.
Staff Recommendation
Approve the purchase of water meters from Ferguson Waterworks and
Metron-Farnier for Fiscal Year 2022-23 based on the fixed price quotes for a
total amount not to exceed $102,000.
Page 5 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
5. Reports
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
CLOSED SESSION (6:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1)
Number of Cases: 1
Case Name: City of San Clemente v. Urban Development Corp, et al.
Case Number: OCSC 30-2022-01261890-CU-OR-CJC
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Property: 2.2 acre section of and 80 acre parcel on the southwest corner of Avenida La
Pata and Vista Hermosa, Assessor’s Parcel Number 678-163-01
Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, Pacific Medical Buildings on behalf of Hoag
Under Negotiation: Price and terms of payment
BUSINESS MEETING PART 2 (6:30 P.M.)
6. Closed Session Report - City Attorney
7. Special Presentations
A. Presentation of Commendation to City Manager Sund
Presentation of Commendation to City Manager Sund in recognition of his
exemplary service to the City of San Clemente.
Page 6 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
B. Recognition of Out-Going Commission and Committee Members
Presentation of City tiles to the following out-going members of the City’s
Commissions and Committees:
Joe Janis
Public Safety Committee
John Bandaruk
Beaches, Parks and Recreation Commission
Vincent Hennessy
Beaches, Parks and Recreation Commission
Aaron Washington
Beaches, Parks and Recreation Commission
Shari Grace
Human Affairs Committee
William Kreutinger
Human Affairs Committee
Thomas Olds
Human Affairs Committee and Investment Advisory Committee
C. Update on Homeless Issue (August Update to be Provided at September
20, 2022 Council Meeting)
8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the
applicant not to exceed ten (10) minutes, and public testimony (not to exceed three
minutes per speaker). Following closure of the Public Hearing, the City Council will
respond to questions raised during the hearing, discuss the issues, and act upon the
matter by motion.
None.
9. Unfinished Business
None.
Page 7 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
10. New Business
A. ESTABLISHMENT OF A CITIZENS SUBCOMMITTEE TO FURTHER ANALYZE THE
FEASIBILITY OF AN AMPHITHEATER (Agendized by Council at the August 16, 2022
City Council Meeting.)
Staff Recommendation
1. Staff Recommends that Council take one of the following actions:
a. Authorize the Legislative Administrator to advertise to fill 5 vacancies on the newly
formed Amphitheater Citizens Committee and schedule a meeting to interview and
appoint five committee members.
OR
b. Determine to have each Councilmember provide a recommended candidate to the
Legislative Administrator to create the newly formed Amphitheater Citizens Committee.
AND
2. Determine whether to set term dates, or to have the Committee sunset after a
period of two years.
B. REVIEW OF THE CITY’S CR&R SOLID WASTE AND RECYCLING AGREEMENT BY
MSW CONSULTANTS
Staff Recommendation
1. Authorize the City Manager to issue CR&R a notice of termination of the automatic
renewal of the Franchise Agreement prior to September 30, 2022. This will result in
the Franchise Agreement termination on June 30, 2024;
2. Direct City staff to:
a. Enter into negotiations with CR&R for a period not to exceed four months; and,
b. If an agreement is not reached within four months, issue a Request for Proposals
and solicit firms for a new solid waste and recycling Franchise Agreement;
3. Include an analysis for Street Sweeping services or revenue as part of
recommended action number two; and
4. Approve and authorize the City Manager to execute, Amendment No. 1 to Contract
AC-1046, by and between the City of San Clemente and MSW Consultants, providing
for solid waste and recycling negotiations. This Amendment increases the contract
from $25,000 to an amount not to exceed $65,000 (an increase of $40,000).
Page 8 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
C. APPROVAL OF LONG-TERM WASTEWATER SERVICES AGREEMENT
WITH SANTA MARGARITA WATER DISTRICT (SMWD)
Staff Recommendation
1. Approve, and authorize the City Manager to execute Contract No.C22-54, by
and between the City of San Clemente and the Santa Margarita Water District,
providing for wastewater treatment services and recycled water purchases from
July 1, 2022 through June 30, 2052.
2. Transfer $11,800 from account no. 054-447-47250-000-12605 to account no.
054-477-45300-000-12206.
3. Authorize expenditures in the amount of $3,100,000 from account no. 054-
477-45300-000-12207 for Trampas Regional Recycled Water Reservoir and
$611,800 for Pico Recycled Water Pump Station from account no. 054-477-
45300-000-12206.
D. POLICY AND PROCEDURE 1201-13 RELATING TO CITY COUNCIL USE OF
LETTERHEAD AND STATIONARY (Agendized at the August 16, 2022 City
Council Meeting by Mayor James, with support of Councilmember Ward and
Councilmember Knoblock)
Staff Recommendation
Approve Policy and Procedure 1201-13 (Use of City of San Clemente
Letterhead and Stationary).
E. APPOINTMENT OF SEAN JOYCE AS INTERIM CITY MANAGER
Interim City Manager Subcommittee Recommendation
1. Adopt Resolution No. 22-35 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE
APPOINTMENT OF SEAN JOYCE AS INTERIM CITY MANAGER AND
APPROVING AN EMPLOYMENT AGREEMENT IN CONNECTION
THEREWITH.
2. Approve, and authorize the Mayor to execute, Contract No. C22-55, by and
between the City of San Clemente and Sean Joyce, providing for Interim City
Manager Services, at the rate of $133.70/hour.
Page 9 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
11. Reports (continued from Business Meeting Part 1)
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
E. Council Subcommittee Updates
12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the
jurisdiction of the City of San Clemente, but not separately listed on the agenda, may
do so during the Oral Communications portion of the meeting. When invited by the
Mayor, please step to the podium, and if you wish, state your name and the City in
which you reside, and make your presentation, not to exceed three minutes. Subject to
very limited exceptions, Council is not permitted to discuss or take action on items that
do not appear on the agenda.
13. Adjournment
The next Regular Council Meeting is scheduled to take place on September 20, 2022.
Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed
Session will begin at 6:00 p.m. Part 2 of the Regular Business Meeting will commence
at 7:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle
Negocio, 2nd Floor, San Clemente.
Page 10 of 11
City Council Regular and Special Meeting Agenda September 6, 2022
CITY COUNCIL MEETING PROCEDURES
PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda
items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding
the Council meeting.
MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access
Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.
Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s
records retention schedule.
USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to
supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later
than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City
audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its
best efforts to accommodate the request.
LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted
upon at this meeting and will continue all other agenda items to a future meeting.
AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related
modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may
request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to
the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.
COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication
devices are turned off or on silent mode.
MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers,
located at 910 Calle Negocio, 2nd floor, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and
Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. Additional
meetings of the City Council may be called as needed.
AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS
Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as
soon as agendas are posted (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special
Meeting). Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242
Avenida Del Mar, or by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda
materials is also located at the entrance to the Community Center during meetings for public review. All written
material distributed to a majority of the Council after the original agenda packet was distributed is available for
public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal
business hours.
The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive
email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material,
register at http://san-clemente.org/enotification.
Page 11 of 11
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