San Clemente — 2024-02-20

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION\nPursuant to Government Code section 54957\nTitle: City Manager\nBUSINESS MEETING (6:00 P.M.)

C. Warrant Register\nNone.\nPayroll Register\nNone.

D. CONTRACT AWARD - FOUR LIFEGUARD TOWERS REPLACEMENT (2024),\nAND APPROVING A SUPPLEMENTAL APPROPRIATION RELATED\nTHERETO\nStaff Recommendation\nAdopt Resolution No. 24-24, which will:\n1. Approve a supplemental appropriation in the amount of $86,533 from the\nGeneral Fund into Account No. 001-641-45700-000-22104.\n2. Award the Lifeguard Towers Replacement (2024), CIP Project No. 22104,\nconstruction contract to U.S. Builders and Consultants, Inc. as the lowest\nresponsible and responsive bidder.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n08, by and between the City of San Clemente and U.S. Builders and\nConsultants, Inc., providing for Lifeguard Towers Replacement, in the\namount of $288,800, in a form substantially similar to Contract No. C24-08\n(Attachment 3).\n4. Approve a 10% project contingency of $28,900.

E. RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT FOR\nBRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD;\nRATIFICATION OF AN EMERGENCY PROFESSIONAL CONSULTANT\nSERVICES AGREEMENT FOR INSPECTION AND STRUCTURAL\nEVALUATION SERVICES DURING BRIDGE REMOVAL; AND APPROVING A\nSUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $69,037\nStaff Recommendation\nAdopt Resolution No. 24-25, which will:\n1. Make a finding that an emergency existed due to the need for immediate\ndisposal of the damaged two bridge spans of the Pedestrian Beach Trail\nfrom the Metrolink Yard due to its limited capacity and required immediate\naction to protect public health and safety, which might not have been\npossible to maintain if delays attributable to the typical public competitive\nbidding process had been incurred.\n2. Declare that the public interest and necessity demanded the immediate\nexpenditure of public funds to safeguard public health.\n3. Ratify an emergency construction contract with Diamond Construction &\nDesign for the pedestrian bridge demolition and removal from Metrolink’s\nyard in the amount of $60,078.\n4. Ratify an emergency Professional Consultant Services Agreement with KPFF\nConsulting Engineers for inspection and structural evaluation services during\nthe bridge removal in the amount of $8,959.\n5. Approve a supplemental appropriation in the amount of $69,037 from the\nGeneral Fund is requested into Account No. 014-811-45300-000-11810.

F. RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT FOR\nPRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL\nSTABILIZATION AT GRANDE VISTA PROJECT; APPROVING A PROJECT\nCONTINGENCY; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN\nTHE AMOUNT OF $99,585\nStaff Recommendation\nAdopt Resolution No. 24-26, which will:\n1. Make a finding that an emergency existed due to the need for immediate\nchannel and slope stabilization and required immediate action to protect\npublic health and safety, which might not have been possible if delays\nattributable to the typical public competitive bidding process had been\nincurred.\n2. Declare that the public interest and necessity demanded the immediate\nexpenditure of public funds to safeguard public health.\n3. Approve a supplemental appropriation in the amount of $99,585 to\nAccount Number 059-553-43420-000-26001 from the Storm Drain\nDepreciation Fund for the Prima Deshecha Canada Channel (Facility No.\nM01) Wall Stabilization at Grande Vista.\n4. Ratify the Construction Contract with Diamond Construction & Design for\nan amount not to exceed $77,215 for the stabilization of the M01 channel\nwall and its adjacent slope.\n5. Approve a 19% project contingency of $14,670.

G. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING\nEXPENSES\nStaff Recommendation\nAuthorize an expenditure of up to $550 related to City Councilmember Duncan’s\nattendance at the 2024 March Policy Committee Meeting.

H. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING\nEXPENSES\nStaff Recommendation\nAuthorize an expenditure of up to $4,450 related to City Councilmember\nDuncan's and Mayor Pro Tem Enmeier's attendance at the League of\nCalifornia Cities, City Leaders Summit in April 2024.

I. CONTRACT AWARD - COMPLETION OF LEAD AND COPPER RULE\nREVISIONS LEAD SERVICE LINE INVENTORY AND FINDING THE\nPROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT UNDER CLASS 9\nStaff Recommendation\nAdopt Resolution 24-27, which will:\n1. Find the project categorically exempt from the California Environmental\nQuality Act (CEQA) under Class 9 (Inspections) of the state CEQA\nGuidelines section 15309.\n2. Approve, and authorize the City Manager to execute, Contract No. C24-10,\nshared services consultant agreement, by and between the City of San\nClemente and Metropolitan Water District of Orange County and Hazen and\nSawyer, providing for the completion of Lead and Copper Rule Revisions\nLead Service Line Inventory, in the amount of $74,288.

J. ADOPTION OF CITY INVESTMENT POLICY MODIFICATION (CITY’S IP\nSECTION 4.6 AND APPLICABLE DEFINITIONS)\nStaff Recommendation\nAdopt the Proposed Investment Policy No. 201-1 with modifications to Section\n4.6 and applicable definitions, effective February 20, 2024.

A. PUBLIC SAFETY COMMITTEE EVALUATION OF THE SAFE GUN STORAGE\nORDINANCE PROPOSAL BY MOMS DEMAND ACTION AND\nINTRODUCTION (FIRST READING) OF RESIDENTIAL SAFE STORAGE OF\nFIREARMS ORDINANCE AND FINDING THE ORDINANCE NOT SUBJECT\nTO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nPublic Safety Committee Recommendation\nThe Public Safety Committee recommends that the City Council choose not\nto introduce the ordinance proposed by Moms Demand Action (Attachment\n2).\nStaff Recommendation\nIf the City Council would like to introduce a residential safe storage of\nfirearms ordinance, staff recommends that the City Council introduce\nOrdinance No. 1773 entitled AN ORDINANCE OF THE CITY COUNCIL OF\nTHE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 9.04\n- OFFENSES AGAINST PUBLIC PEACE AND DECENCY, OF THE SAN\nCLEMENTE MUNICIPAL CODE TO ADD NEW SECTION 9.04.045,\nRELATING TO SAFE STORAGE OF FIREARMS, AND FINDING THE\nORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT.

B. CONSIDERATION OF RESTABLISHING A SAND COMPATIBILITY AND\nOPPORTUNISTIC USE PROGRAM (SCOUP) IN SAN CLEMENTE\nStaff Recommendation\nProvide specific direction to the Coastal Administrator regarding Sand\nCompatibility and Opportunistic Use Program (SCOUP). Because this has\nbeen identified as a high priority for the community, staff additionally\nrecommends that a SCOUP Permit will provide an additional opportunity to\nprotect the San Clemente shoreline.

C. REQUEST TO INTRODUCE (FIRST READING) AN ORDINANCE MODIFYING\nTHE COASTAL ADVISORY COMMITTEE MEETING SCHEDULE; AND\nCONSIDERATION OF AD HOC SUBCOMMITTEES\n(Agendized by Mayor Pro Tem Enmeier, with the support of Councilmember\nLoeffler and Councilmember Duncan, at the February 6, 2024 City Council\nmeeting.)\nStaff Recommendation\n1. If the City Council desires to modify the Coastal Advisory Committee\nmeeting schedule, the City Council should introduce and conduct a first\nreading of Ordinance No. 1774 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nAMENDING SECTION 2.29.040 OF THE MUNICIPAL CODE OF THE\nCITY OF SAN CLEMENTE TO CHANGE THE COASTAL ADVISORY\nCOMMITTEE MEETING SCHEDULE FROM BI-MONTHLY TO\nMONTHLY.\nand/or\n2. Provide direction to the Coastal Advisory Committee (CAC) that after their\n2024 work plan is approved by the City Council, if the CAC finds it\nnecessary and proper, the CAC may establish ad hoc subcommittees\nrelated to specific tasks in the approved 2024 work plan, and further direct\nthe CAC to determine start dates and sunset dates for any ad hoc\nsubcommittee(s) when they select the subcommittee members.\n3. If the City Council finds that the current meeting schedule is appropriate,\nno further action is needed.

D. DIRECTION FROM THE CITY COUNCIL IN THE CREATION OF THE\nCOASTAL ADVISORY COMMITTEE 2024 WORK PLAN\nStaff Recommendation\nProvide direction to staff to provide to the Coastal Advisory Committee that\nwill allow the committee to create the 2024 Work Plan for consideration of\nadoption by the City Council.

E. CONSIDERATION OF A RESOLUTION APPROVING CLASSIFICATION\nCHANGES SUPPORTING CITY MANAGER OPERATIONS AND CITY\nADMINISTRATION AND REVISED SALARY SCHEDULE\nStaff Recommendation\nAdopt Resolution No. 24-22 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED\nSALARY SCHEDULE AND NEW CLASSIFICATIONS AND AMENDING\nRESOLUTION NO. 23-157 AND ANY OTHER RESOLUTIONS IN CONFLICT\nTHEREWITH.

F. SAN GORGONIO PARK COMMUNICATIONS SITE LEASE AGREEMENT\nStaff Recommendation\nAdopt Resolution No. 24-23, which will approve, and authorize the City\nManager to execute, Contract No. C24-11, a Communications Site Lease\nAgreement, by and between the City of San Clemente and DISH Wireless for\na facility at San Gorgonio Park.

A. Commissions and Committees

B. Council Subcommittee Updates

C. Council Members

D. City Attorney

E. City Manager