San Clemente — 2023-06-20

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nExisting litigation pursuant to Government Code Section 54956.9(d)(1)\nNumber of Cases: 2\nCase Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency,\net al.\nRiverside Superior Court Consolidated Case No.: RIC 1800232\nCA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2)

B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION\nSignificant exposure to litigation pursuant to Government Code section 54956.9(a)(d)\n(3)\nNumber of Cases:1\nRuth Martin v. the City of San Clemente: Draft complaint received by the City is in the\nagenda materials per Government Code sections 54956.9(e)(3) and 54957.5.\nBUSINESS MEETING (6:00 P.M.)

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n2855 THROUGH 2860 AND WARRANT NOS.\n588703 THROUGH 588827, PAID ON\n6-2-23, IN THE AMOUNT OF $798,644.54\n(2) APPROVE HANDWRITE NO. 588828\nWIRE TRANSFER NOS. 2861 THROUGH\n2865 AND WARRANT NOS. 5288829\nTHROUGH 589045, PAID ON 6-9-23,\nIN THE AMOUNT OF $6,009,069.63\nTOTAL WARRANT REGISTER $6,807,714.17\nPayroll Register\nAUTOMATIC DEPOSIT ADVISES 86052\nTHROUGH 86376, FOR THE PERIOD\n5-15-23 THROUGH 5-28-23, PAID\nON 6-2-23, IN THE AMOUNT OF $475,322.44\nTOTAL PAYROLL REGISTER $475,322.44

D. ORDINANCE 1752 (SECOND READING) - MODIFICATION OF BEACH\nHOURS\nStaff Recommendation\nAdopt Ordinance No. 1752 entitled AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF SAN CLEMENTE, DECLARING A PUBLIC NUISANCE;\nAMENDING SECTION 12.32.140 OF THE SAN CLEMENTE MUNICIPAL CODE\nTO CLOSE THE PUBLIC BEACHES AT 10:00 P.M. FOR PUBLIC HEALTH,\nSAFETY AND WELFARE; AND FINDING THE ORDINANCE TO BE\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR\nSECTION 15301) OF THE STATE CEQA GUIDELINES.

E. LICENSE AGREEMENT - CONTINUED USE OF THE SAN CLEMENTE\nPEDESTRIAN BEACH TRAIL AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT (CEQA) UNDER CLASS I (EXISTING FACILITIES, 14 CCR\n15301) OF THE CEQA GUIDELINES\nStaff Recommendation\nAdopt Resolution No. 23-29, which will:\n1. Determine that this project is categorically exempt from CEQA under Class 1\n(Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.\n2. Approve, and authorize the City Manager to execute, Contract No. C23-20, a\nLicense Agreement, by and between the City of San Clemente and the Orange\nCounty Transportation Authority (OCTA), for continued use of the OCTA right-\nof-way and City maintenance of the Pedestrian Beach Trail.

F. CONTRACT AWARD - ANNUAL CATHODIC PROTECTION SYSTEM\nTESTING, EVALUATION AND DESIGN SERVICES AND FINDING THE\nPROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT UNDER CLASS 9 (INSPECTIONS),\nSECTION 15309 OF THE STATE CEQA GUIDELINES\nStaff Recommendation\nAdopt Resolution No. 23-48, which will:\n1. Determine that the project is categorically exempt from CEQA under Class 9\n(Inspections, 14 CCR section 15309), Section 15309 of the State CEQA\nGuidelines.\n2. Approve, and authorize the City Manager to execute, Contract No. 23-27, by\nand between the City of San Clemente and Universal Corrosion Services, LLC,\nproviding for annual cathodic protection system testing, evaluation and design\nservices, in an amount not to exceed $209,838 for a three-year term.

G. CONTRACT AWARD - CALIFORNIA ENVIRONMENTAL QUALITY ACT\n(CEQA) REVIEW SERVICES IN CONNECTION WITH THE BLUFFS AT BOCA\nPROJECT\nStaff Recommendation\nAdopt Resolution No. 23-49, which will:\nAuthorize the City Manager to execute, Contract No. 23-28, by and between the\nCity of San Clemente and Kimley-Horn and Associates, Inc., providing for\nCalifornia Environmental Quality Act (CEQA) review services in connection with\nthe Bluffs at Boca Project, in the amount of $54,903.

H. CONTRACT AWARD - SEWER MANHOLE INSECT CONTROL SERVICES AND\nFINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1\n(EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA\nGUIDELINES\nStaff Recommendation\nAdopt Resolution No. 23-50, which will,\n1. Determine that the project is categorically exempt from CEQA under Class 1\n(Existing Facilities, 14 CCR section 15301) of the State CEQA guidelines.\n2. Approve, and authorize the City Manager to execute, Contract No. C23-29, by\nand between the City of San Clemente and Golden Bell Products, Inc.,\nproviding for sewer manhole insect control services, in an amount not to exceed\n$70,000 for a two year period.

I. CONTRACT AWARD - RODENT CONTROL AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR\n15301) OF THE CEQA GUIDELINES\nStaff Recommendation\nAdopt Resolution No. 23-51, which will:\n1. Determine that this project is categorically exempt from CEQA under Class 1\n(Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.\n2. Approve, and authorize the City Manager to execute, Contract No. 23-30, a\nMaintenance Services Agreement, by and between the City of San Clemente\nand Animal Pest Management Services, Inc., providing for landscape rodent\ncontrol, for a not to exceed annual contract price of $34,852.80, plus a\n$10,000 annual contingency, for a total not to exceed annual amount of\n$44,852 per year for a three year term with the option of two one-year\nextensions to be exercised at the City Manager's discretion.

J. CONTRACT AWARD - LANDSCAPE MAINTENANCE AT THE WATER\nRECLAMATION PLANT AND NINE RESERVOIR LOCATIONS AND FINDING\nTHE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING\nFACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES\nStaff Recommendation\nAdopt Resolution No. 23-52, which will:\n1. Determine that this project is categorically exempt from CEQA under Class 1\n(Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.\n2. Approve, and authorize the City Manager to execute, Contract No. 23-31, a\nMaintenance Services Agreement, by and between the City of San Clemente\nand Ed Stewart and Associates, Inc., providing for landscape maintenance\nservices, not to exceed annual contract price of $34,800, plus a $5,000 annual\ncontingency, for a total not to exceed annual amount of $39,800 per year for a\nthree year term with the option of two one-year extensions to be exercised at\nthe City Manager's discretion.

K. CONTRACT AWARD - INFIELD AND TRACK MAINTENANCE AND FINDING\nTHE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING\nFACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES\nStaff Recommendation\nAdopt Resolution No. 23-53, which will:\n1. Determine that this project is categorically exempt from CEQA under Class 1\n(Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.\n2. Approve, and authorize the City Manager to execute, Contract No. 23-32, a\nMaintenance Services Agreement, by and between the City of San Clemente\nand PSFM, Inc., providing for infield and track maintenance, with a not to\nexceed annual contract price of $510,000, plus a $25,000 annual contingency,\nfor a total not to exceed annual amount of $535,000 per year for a three year\nterm with the option of two one-year extensions to be exercised at the City\nManager's discretion.

L. CONTRACT AWARD - DOWNTOWN PRESSURE WASHING AND FINDING\nTHE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING\nFACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES\nStaff Recommendation\nAdopt Resolution No. 23-54, which will:\n1. Determine that this project is categorically exempt from CEQA under Class 1\n(Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.\n2. Approve, and authorize the City Manager to execute, Contract No. 23-33, a\nMaintenance Services Agreement, by and between the City of San Clemente\nand Powerclean, providing for downtown pressure washing services, in an\namount not to exceed $66,950 per year for a three year term with the option of\ntwo one-year extensions to be exercised at the City Manager's discretion.

M. CONTRACT AWARD - LANDSCAPE MAINTENANCE OF CITY PARKS WEST\nOF INTERSTATE 5 AND FINDING THE PROJECT CATEGORICALLY EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER\nCLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES\nStaff Recommendation\nAdopt Resolution No. 23-55, which will:\n1. Determine that this project is categorically exempt from CEQA under Class 1\n(Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.\n2. Approve, and authorize the City Manager to execute, Contract No. 23-34, a\nMaintenance Services Agreement, by and between the City of San Clemente\nand Priority Landscape Services, Inc., providing for landscape maintenance of\nCity properties west of Interstate 5, for a not to exceed annual contract price of\n$477,000. plus an annual contingency of $125,000, for a total not to exceed\nannual amount of $602,000 per year for a three year term with the option of two\none-year extensions to be exercised at the City Manager's discretion.

N. CONTRACT AMENDMENT - SCRIDES AGREEMENT WITH LYFT AND\nBUTTERFLI\nStaff Recommendation\nAdopt Resolution No. 23-56, which would:\n1. Approve and authorize the City Manager to execute, Amendment No. 2 to\nContract No. AC-775, by and between the City of San Clemente and Lyft to\nextend the SC Rides Program for an additional year through June 30, 2024.\n2. Approve and authorize the City Manager to execute, Amendment No. 2 to\nContract No. AC-775, by and between the City of San Clemente and Butterfli to\nextend the SC Rides Program for an additional year through June 30, 2024.

A. OPERATIONS AND COMPOSITION OF VARIOUS CITY COMMISSIONS AND\nCOMMITTEES AND CONSIDERATION OF RE-ESTABLISHING THE COASTAL\nADVISORY COMMITTEE\n(Agendized by Council at the June 5, 2023 Adjourned Regular Meeting and the\nJune 6, 2023 Regular Meeting.)\nStaff Recommendation\n1. Determine whether or not reinstate the Coastal Advisory Committee.\nShould Council choose to reinstate the Coastal Advisory Committee:\n2. Introduce Ordinance No. 1753 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING\nCHAPTER 2.29 TO THE MUNICIPAL CODE OF THE CITY OF SAN\nCLEMENTE TO CREATE A COASTAL ADVISORY COMMITTEE\n3. Receive and file the Administrative Report, dated June 20, 2023, and on file\nwith the City Clerk.

B. ADOPTION OF FISCAL YEAR 2023-24 SALARY SCHEDULE\nStaff Recommendation\nAdopt Resolution No. 23-57, which will:\nAdopt the revised salary schedule and new classifications and amend Resolution\nNo. 23-13 and any other Resolutions in conflict therewith.

C. FY 2023-24 CONTRACT BETWEEN THE CITY OF SAN CLEMENTE AND THE\nCOUNTY OF ORANGE FOR POLICE SERVICES\nStaff Recommendation\nAdopt Resolution No. 23-58, which will:\nApprove, and authorize the City Manager to execute, Contract No. 23-35, by and\nbetween the City of San Clemente and the County of Orange, providing for\npolice services, in the amount of $19,809,265.

D. WITHDRAWAL OF RESOLUTION OF NECESSITY WITH RESPECT TO OPEN\nSPACE PROPERTY LOCATED SOUTHEAST OF AVENIDA PICO,\nASSESSOR’S PARCEL NUMBERS 688-011-01 AND 688-011-02\nStaff Recommendation\nAdopt Resolution No. 23-59, which will:\n1. Withdraw Resolution of Necessity 20-27.\n2. Authorize and direct staff to withdraw the Notice of Pendency of Action (Lis\nPendens) and seek the release of the funds on deposit with the California State\nTreasurer.\n3. Authorize and direct staff to take those actions that are necessary and proper\nin connection with dismissal of the eminent domain action and to accomplish\nthe purpose and intent of the Resolution in a timely and expeditious fashion .

E. REVIEW OF AGENDA TEMPLATE AND POLICY AND PROCEDURE 1201-11\n- CITY COUNCIL MEETING AND OPERATING PROCEDURES (PROPOSED\nUPDATE PURSUANT TO COUNCIL’S DIRECTION OF JUNE 6, 2023) WITH\nCONSIDERATION OF REMOVAL OF ORAL COMMUNICATIONS PART 2 AND\nEXPLANATION OF STAFF COMMUNICATIONS\n(Agendized by Councilmember Enmeier, with the support of Councilmember\nCabral and Councilmember Loeffler at the June 6, 2023 City Council meeting.)\nStaff Recommendation\nIf Council determines to remove Oral Communications Part 2 from the City Council\nMeeting agenda template, direct the City Clerk to update the City Council\nmeeting agenda template and Policy and Procedure 1201-11 (City Council\nMeeting and Operating Procedures).

F. CONSIDERATION OF LETTER OF SUPPORT - THE HELPER ACT (HOMES\nFOR EVERY LOCAL PROTECTOR, EDUCATOR AND RESPONDER) - BILL\nH.R. 3170 AND S. 1514\nStaff Recommendation\nApprove, and authorize the Mayor to execute a letter in support of the HELPER\nAct and direct staff to send the letter.

G. GREEN LINE TROLLEY UPDATE AND CONSIDERATION OF RESOLUTION\n23-60 AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL\nCONTRACT BETWEEN LAZ PARKING CALIFORNIA LLC AND THE CITY OF\nSAN CLEMENTE FOR TROLLEY SERVICES ON THE GREEN LINE AND\nFINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1\n(EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA\nGUIDELINES\n(Agendized by Council at the June 6, 2023 Regular Meeting.)\nStaff Recommendation\nAdopt Resolution No. 23-60, which will:\n1. Determine the project is categorically exempt from CEQA pursuant to State\nCEQA Guidelines Section 15301 (Class 1: Existing Facilities, 14CCR Section\n15301).\n2. Approve, and authorize the City Manager to execute, Contract No. 23-36, a\nSupplemental Contract, by and between the City of San Clemente and LAZ\nParking, providing for Green Line trolley service, in an amount not to exceed\n$201,600.\n3. Appropriate the necessary supplemental funds into Account No. 021-808-\n43690 (Other Professional Services) for operations of the Green Line trolley\nduring the summer of 2023.

H. PARKING MODIFICATIONS - SOUTH EL CAMINO REAL AND AVENIDA SAN\nLUIS REY AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM\nTHE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS\n1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA\nGUIDELINES\nStaff and the Planning Commission Recommendation\nAdopt Resolution No. 23-61, which would:\n1. Finding the project categorically exempt from the California Environmental\nQuality Act (CEQA) under Class 1(Existing Facilities, 14 CCR section 15301)\nof the State CEQA Guidelines.\n2. Approve the parking modification as illustrated in Attachment 2 of the\nAdministrative Report dated June 20, 2023, and on file with the City Clerk.\n3. Appropriate the required funds (approximately $1000) from the Street Sign\nReplacement Project No. 21306.\n4. Request Police Services to consider increasing parking enforcement near the\nintersection of South El Camino Real and Avenida San Luis Rey.

I. CONTRACT AWARD - SECURITY SERVICES\n(Agendized by Council at the June 6, 2023 Regular City Council meeting.)\nStaff Recommendation\nAdopt Resolution No. 23-62, which will:\nAuthorize the City Manager to prepare and execute, Contract No. 23-37, an\nagreement with Allied Universal Security Services, providing security services for\nthe City of San Clemente for a period of six months, in an amount not to exceed\n$350,000.

J. RATIFICATION OF AN EMERGENCY CONTRACT AND FIRST AMENDMENT\nTHERETO - TEMPORARY EMERGENCY SLOPE STABILIZATION REPAIRS\nAT CASA ROMANTICA\nStaff Recommendation\nAdopt Resolution No. 23-63, which will:\n1. Make a finding that an emergency exists due to the potential failure of an\nexisting slope and that the situation requires immediate action to prevent or\nmitigate impairment to property and public services that might otherwise occur\nif required to incur delays attributed to the typical engineering analysis and\ncompetitive bidding process.\n2. Declare that the public interest and necessity demand the immediate\nexpenditure of public funds to safeguard public health.\n3. Approve a supplemental appropriation in the amount of $350,000 to Account\nNo. 001-481-43470-000-23502 from the General Fund unassigned fund\nbalance.\n4. Ratify Construction Contract No. C23-38 and Amendment No. 1 to Contract No.\nC23-38, by and between the City of San Clemente and Alliance Diversified\nEnterprises, Inc., providing for emergency temporary slope stabilization repairs\nat Casa Romantica, on a time and materials basis for up to $350,000.

A. Commissions and Committees

B. Council Subcommittee Updates

C. Council Members

D. City Attorney

E. City Manager

A. MEASURE M2 ANNUAL FUNDING ELIGIBILITY - FISCAL YEAR 2023-2024,\nAND FINDING THE PROJECTS EXEMPT UNDER THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING\nFACILITIES, 14 CCR SECTION 15301) AND CLASS 2 (REPLACEMENT OR\nRECONSTRUCTION, 14 CCR SECTION 15302) OF THE STATE CEQA\nGUIDELINES\nStaff Recommendation\n1. Determine the projects to be categorically exempt from the California\nEnvironmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR\nSection 15301) and Class 2 (Replacement or Reconstruction, 14 CCR Section\n15302).\n2. Approve and adopt the 2023 Measure M2 seven-year Capital Improvement\nProgram for Fiscal Years 2023-24 through 2029-30.\n3. Adopt Resolution No. 23-37 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, CONCERNING THE\nSTATUS AND UPDATE OF THE CIRCULATION ELEMENT, AND\nMITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM.\n4. Adopt Resolution No. 23-38 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, CONCERNING THE\nSTATUS AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR\nTHE MEASURE M (M2) PROGRAM.\n5. Adopt Resolution No. 23-39 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, CONCERNING THE\nUPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE\nMEASURE M (M2) PROGRAM.\n6. Authorize and direct the Public Works Director/City Engineer to submit\nMeasure M2 funding eligibility requirements on behalf of the City of San\nClemente to the Orange County Transportation Authority and take all actions\nnecessary and proper to obtain Measure M2 funding for Fiscal Year 2023-24.