San Clemente — 2024-06-18

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nExisting litigation pursuant to Government Code section 54956.9(d)(1)\nNumber of Cases: 2\n1. Case Name: Harbor View Estates Homeowners Association v. City of San\nClemente, Orange County Superior Court Case No. 30-2024-01371169\n-CU-WM-CXC\n2. Case Name: MDL No. 2804 National Prescription Opiate Litigation Proposed\nOpioid Settlement - Kroger Co.

B. CONFERENCE WITH LABOR NEGOTIATORS\nPursuant to Government Code Section 54957.6\nAgency designated representative: Administrative Services Director\nUnrepresented employees: All Employees\nEmployee Organization: San Clemente City Employees Association\nBUSINESS MEETING (6:00 P.M.)

A. City Council Minutes\nStaff Recommendation:\n(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF\nJUNE 4, 2024.

B. Commission/Committee Minutes\nStaff Recommendation:\nReceive and file the following:\n(1) ARTS AND CULTURE REGULAR MEETING MINUTES OF MARCH 25,\n2024.

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n3040 THROUGH 3041 AND WARRANT NOS.\n595987 THROUGH 596154, PAID ON\n4-26-24, IN THE AMOUNT OF $945,258.69\n(2) APPROVE WIRE TRANSFER NOS.\n3050 THROUGH 3053 AND WARRANT NOS.\n596471 THROUGH 596691, PAID ON\n5-17-24, IN THE AMOUNT OF $1,454,629.35\n(3) APPROVE HANDWRITE NO. 596900,\nWIRE TRANSFER NOS. 3054 THROUGH\n3055 AND WARRANT NOS. 596692\nTHROUGH 596899, PAID ON 5-24-24,\nIN THE AMOUNT OF $950,921.99\n(4) APPROVE WIRE TRANSFER NOS.\n3056 THROUGH 3059 AND WARRANT NOS.\n596901 THROUGH 597071, PAID ON\n5-31-24, IN THE AMOUNT OF $1,818,427.52\nTOTAL WARRANT REGISTER $5,169,237.55\nPayroll Register\nWARRANT NO. 933, AUTOMATIC DEPOSIT\nADVISES 94010 THROUGH 94367,\nFOR THE PERIOD 4-29-24 THROUGH 5-12-24,\nPAID ON 5-17-24, IN THE AMOUNT OF $520,404.67\nWARRANT NOS. 934 THROUGH 936 AND\nAUTOMATIC DEPOSIT ADVISES 94368\nTHROUGH 94734, FOR THE PERIOD\n5-13-24 THROUGH 5-26-24, PAID\nON 5-31-24, IN THE AMOUNT OF $495,678.49\nTOTAL PAYROLL REGISTER $1,016,083.16

D. CONSIDERATION OF A RESOLUTION APPROVING REVISED SALARY\nSCHEDULE AND STAFFING CHANGES WITH THE ADOPTED FISCAL\nYEARS 2024-25 AND 2025-26 BUDGET\nStaff Recommendation\nAdopt Resolution No. 24-94 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. 24-22 AND ANY OTHER RESOLUTIONS IN CONFLICT\nTHEREWITH.

E. CONSIDERATION OF AMENDMENTS TO REGULATORY AGREEMENTS\nAND DECLARATION OF COVENANTS AND RESTRICTIONS,\nSUBORDINATIONS TO NEW TAX EXEMPT BONDS, AND\nRESUBORDINATIONS RELATED TO EXISTING LOANS WITH RESPECT TO\nTHE MENDOCINO AT TALEGA I AND II APARTMENTS AFFORDABLE\nHOUSING PROJECT\nStaff Recommendation\nAdopt Resolution No. 24-95, A RESOLUTION OF THE CITY COUNCIL OF THE\nCITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE PROPOSED\nRESYNDICATION PLAN FOR MENDOCINO AT TALEGA I AND II\nAPARTMENTS AFFORDABLE HOUSING PROJECT.

F. DECLARATION OF SURPLUS AND DISPOSITION OF RETIRED FLEET\nEQUIPMENT & VEHICLES\nStaff Recommendation\nAdopt Resolution No 24-96, which will:\n1. Declare the vehicles and equipment listed on Attachment 1 to the\nAdministrative Report dated June 18, 2024, as surplus.\n2. Authorize the disposition of surplus property using Ken Porter Auctions\npursuant to Policy No. 201-2-4.

G. CONSIDERATION OF A RESOLUTION APPROVING OCEAN PROTECTION\nCOUNCIL SB1 ADAPTATION PLANNING GRANT APPLICATION TO\nSUPPORT IMPLEMENTATION OF COASTAL RESILIENCY PLAN AND\nLOCAL COASTAL PROGRAM\nStaff Recommendation\nAdopt Resolution No. 24-97 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING\nSUBMITTAL OF AN APPLICATION TO THE CALIFORNIA OCEAN\nPROTECTION COUNCIL FOR A SB1 ADAPTATION PLANNING GRANT TO\nSUPPORT IMPLEMENTATION OF THE CITY’S COASTAL RESILIENCY PLAN\nAND LOCAL COASTAL PROGRAM.

H. CONSIDERATION OF A RESOLUTION AUTHORIZING A PROJECT X TIER 2\nGRANT SUBMITTAL TO ORANGE COUNTY TRANSPORTATION\nAUTHORITY (OCTA)\nStaff Recommendation\nAdopt Resolution No. 24-98 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING AN\nAPPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 2\nGRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION\nORDINANCE NO. 3 FOR THE POCHE BEACH WATER RECLAMATION\nPROJECT.

I. CONTRACT AMENDMENT - DEFINED BENEFIT SERVICES\nStaff Recommendation\nAdopt Resolution 24-99, which will:\n1. Approve, and authorize the City Manager to execute, Amendment No. 3 to\nContract No. C17-35, by and between the City of San Clemente and\nMilliman, Inc., extending the services for one (1) year for defined benefit\nservices, in an amount not exceed $35,200.

J. CONTRACT AMENDMENT - ONE-YEAR EXTENSION TO THE SCRIDES\nAGREEMENTS WITH LYFT AND BUTTERFLI AND FINDING THE PROJECT\nSTATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-100, which will:\n1. Find the project statutorily exempt from the California Environmental Quality\nAct (CEQA) under Public Resources Code section 21080(b)(10).\n2. Approve, and authorize the City Manager to execute, Contract AC-775, by\nand between the City of San Clemente and Lyft, to extend the SCRides\nProgram for an additional year through June 30, 2025.\n3. Approve, and authorize the City Manager to execute, Amendment No. 3 to\nContract AC-775, by and between the City of San Clemente and Butterfli, to\nextend the SCRides Program for an additional year through June 30, 2025.

K. CONSIDERATION OF A RESOLUTION APPROVING A FIVE YEAR LEASE\nFOR THE CITY OWNED COMMERCIAL BUILDING LOCATED AT 1100 N. EL\nCAMINO REAL (APN 692-393-01)\nStaff Recommendation\nAdopt Resolution No. 24-101, which will:\n1. Approve five-year lease agreement, provided as Attachment 2 to the\nAdministrative Report dated June 18, 2024, for the lease by and between the\nCity of San Clemente and Trestles Property Management, LLC.\n2. Approve, and authorize the City Manager to execute, Contract No. C24-31,\nby and between the City of San Clemente and Trestles Property\nManagement, LLC., for a 5-year lease agreement for a base rent of $3,724\nper month, with 3% increases annually, and including the commission for\nconsultant real estate services not to exceed 6% of gross lease.

L. CONTRACT AWARD - LEASE OF 1030 CALLE NEGOCIO (APN -\n688-142-35)\nStaff Recommendation\nAdopt Resolution No. 24-102, which will:\n1. Award the Professional Services Agreement, provided as Attachment 2 to\nthe Administrative Report dated June 18, 2024, for Commercial Real Estate\nConsulting services with Wynne CRE, Inc.\n2. Approve, and authorize the City Manager to execute, Contract No. C24-32,\nby and between the City of San Clemente and Wynne CRE, Inc., provided as\nAttachment 2 to the Administrative Report dated June 18, 2024, for an\namount not to exceed 6% of total rent for the length of the lease term .

M. CONTRACT AWARD - TROLLEY OPERATION SERVICES, IN A COMBINED\nAMOUNT NOT TO EXCEED $2,416,757.88 FOR THREE YEARS AND\nFINDING THE PROJECT STATUTORILY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution 24-103, which will:\n1. Find the project statutorily exempt from the California Environmental Quality\nAct (CEQA) under Public Resources Code section 21080(b)(10).\n2. Approve, and authorize the City Manager to execute, Contract No. C24-33,\nby and between the City of San Clemente and LAZ Parking California LLC,\nproviding for Red & Blue Line Operations, in an amount not to exceed a total\nof $1,871,665.80 for three years.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-34,\nby and between the City of San Clemente and LAZ Parking California LLC,\nproviding for Green Line Operations in an amount not to exceed a total of\n$545,092.08 for three years.\n4. Authorize the City Manager to execute two (2) one-year optional extensions.

N. CONTRACT AWARD - CONTINUE SOLID WASTE HANDLING SERVICES\nFOR FOUR MONTHS WHILE AN AMENDED AND RESTATED AGREEMENT\nIS BEING FINALIZED\nStaff Recommendation\nAdopt Resolution No. 24-104, which will:\n1. Approve, and authorize the City Manager to execute, Amendment No. 3 to\nContract No. C87-62, by and between the City of San Clemente and CR&R\nIncorporated, to continue Solid Waste Handling services for four months\nwhile an Amended and Restated Agreement is finalized.

O. CONTRACT AWARD - PAVEMENT PRESERVATION PROGRAM - UTILITY\nADJUSTMENTS AND FINDING THE PROJECT CATEGORICALLY EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-105, which will:\n1. Find the Pavement Preservation Program - Utility Adjustments, CIP Project\nNo. 13321, categorically exempt from the California Environmental Quality\nAct (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the\nState CEQA Guidelines.\n2. Award the Pavement Preservation Program - Utility Adjustments, contract to\nEBS Utilities Adjusting, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-35,\nby and between the City of San Clemente and EBS Utilities Adjusting, Inc.,\nproviding for the Pavement Preservation Program - Utility Adjustments, in an\namount not to exceed $74,185, in a form substantially similar to Contract No.\n24-35(Attachment 3).\n4. Approve a 10% construction contingency of $7,418 for this project.

P. CONTRACT AWARD - PURCHASE AND INSTALLATION OF STORM DRAIN\nTRASH CAPTURE DEVICES FOR THE AVENIDA PICO AND SAN\nCLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT PROJECT AND\nFINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No.24-16, which will:\n1. Find the Avenida Pico and San Clemente Outlets Corridor Runoff Treatment\nProject, Project No. 23805, categorically exempt from the California\nEnvironmental Quality Act (CEQA) under Class 1 (Existing facilities, 14 CCR\nSection 15301) of the State CEQA Guidelines.\n2. Award the Avenida Pico and San Clemente Outlets Corridor Runoff\nTreatment Project, contract to G2 Construction, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-36,\nby and between the City of San Clemente and G2 Construction, Inc.,\nproviding for the Avenida Pico and San Clemente Outlets Corridor Runoff\nTreatment Project, in an amount not to exceed $410,000, in a form\nsubstantially similar to Contract No. C24-36 (Attachment 6).

Q. CONTRACT AWARD - CITY HALL STANDBY GENERATOR ADDITION AND\nELECTRICAL DISTRIBUTION SYSTEM UPGRADE AND APPROVING A 15%\nPROJECT CONTINGENCY\nStaff Recommendation\nAdopt Resolution No. 24-107, which will:\n1. Demand strict compliance with the bid documents and reject the bid\nsubmitted by Potential Electrical Design Services, Inc. as non-responsive.\n2. Award the City Hall Standby Generator Addition and Electrical Distribution\nSystem Upgrade, CIP Project No. 14812, construction contract to ACE\nCapital Engineering, Inc., as the lowest responsible and responsive bidder.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-37,\nby and between the City of San Clemente and ACE Capital Engineering, Inc.,\nproviding for the City Hall Standby Generator Addition and Electrical\nDistribution System Upgrade, in the amount of $551,994, in a form\nsubstantially similar to Contract No. C24-XX (Attachment 3).\n4. Approve a 15% project contingency in the amount of $82,800.

A. ADOPT REGULATIONS FOR CANDIDATE STATEMENTS FOR CANDIDATES\nFOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS\nSUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD NOVEMBER\n5, 2024\nStaff Recommendation\nAdopt Resolution No. 24-91 entitled RESOLUTION OF THE CITY COUNCIL OF\nTHE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING REGULATIONS\nFOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS\nSUBMITTED TO THE ELECTORATE AT THE MUNICIPAL ELECTION TO BE\nHELD TUESDAY, NOVEMBER 5, 2024.

B. FY 2024-25 CONTRACT BETWEEN THE CITY OF SAN CLEMENTE AND THE\nCOUNTY OF ORANGE FOR POLICE SERVICES\nStaff Recommendation\nAdopt Resolution No. 24-92, which will:\n1. Approve, and authorize the City Manager to execute, Contract No. C24-30,\nby and between the City of San Clemente and the County of Orange, for FY\n2024-25 police services, in the amount of $21,700,000.

C. CONSIDERATION OF A REVISED PURCHASING POLICY AND\nINTRODUCING AND CONDUCTING A FIRST READING OF ORDINANCE NO.\n1776 AMENDING AND REPLACING SECTIONS OF SAN CLEMENTE CODE\nTITLE 3 REVENUE AND FINANCE\nStaff Recommendation\nIntroduce Ordinance No. 1776 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN\nCLEMENTE MUNICIPAL CODE SECTIONS 3.40.010, 3.40.040, AND 3.40.050\nAND ADDING SECTION 3.40.080, ALL RELATING TO PURCHASING\nPROCEDURES.

D. CONSIDERATION OF A RESOLUTION FINDING THAT AN EMERGENCY\nEXISTS DUE TO SAND EROSION AND IMMEDIATE NEED OF SAND\nPLACEMENT AT NORTH BEACH, AWARDING A CONSTRUCTION\nCONTRACT TO FOR THE NORTH BEACH EMERGENCY\nSAND PLACEMENT PROJECT, PROJECT NO. 14901, IN AN AMOUNT NOT\nTO EXCEED $ , AUTHORIZING THE CITY MANAGER TO\nEXECUTE THE CONSTRUCTION CONTRACT, AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-93, which would:\n1. Declare that an emergency exists due to sand erosion and immediate need\nof sand placement at North Beach.\n2. Find the project categorically exempt from the California Environmental\nQuality Act under state CEQA Guidelines Section 15269.\n3. Approve transfer of funds to the project Account No. 001-636-45300-000-\n14901 from the following accounts:\nTransfer From Project Name Amount ($)\n001-636-45300-000-19907 Army Corps Sand Project $750,000\n001-636-45300-000-14809 North Beach Concession Building $300,000\n001-636-45300-000-14193 North Beach Playground $150,000\n001-416-45710-000-22307 Avenida Victoria Sidewalk Widening $300,000\nTotal: $1,500,000\n4. Award the North Beach Emergency Sand Placement, Project No. 14901,\ncontract to .\n5. Approve, and authorize the City Manager to execute,C24-38, by and\nbetween the City of San Clemente and , for the North Beach\nEmergency Sand Placement, in an amount of not to exceed\n$ , in a form substantially similar to attached construction\ncontract (Attachment 2).\n6. Approve a 10% construction contingency of $ for this project.

E. CONSIDERATION OF JULY 2024 AND DECEMBER 2024 CITY COUNCIL\nMEETING SCHEDULE MODIFICATIONS\nStaff Recommendation\n1. Determine whether or not to cancel the December 3, 2024 and December\n17, 2024 Regular City Council meetings and hold one meeting on\nDecember 10, 2024.\n2. Change the Regular City Council Meeting of July 16, 2024 to July 17,\n2024.

A. PARK MASTER PLAN AMENDMENT OF RICHARD T. STEED MEMORIAL\nPARK/BARON VON WILLARD DOG PARK AND ADOPTION OF AN\nADDENDUM TO THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION\nPURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nA public hearing to consider a City-initiated proposal to amend the parks\nand recreation site-specific master plan for Richard T. Steed Memorial Park\nto include an additional eight pickleball courts in accordance with California\nGovernment Code Section 65453 (a). The purpose of the public hearing is\nto adopt an amendment to the Richard T. Steed Memorial Park master plan,\nincluding an addendum to the Initial Study/Mitigated Negative Declaration\nfor the park. The City Council will further consider approval of a design for\nthe future pickleball court facility.\nStaff Recommendation\n1. Adopt Resolution No. 24-88, entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nRESOLUTION NO. 23-24 FOR RICHARD T. STEED MEMORIAL\nPARK/BARON VON WILLARD DOG PARK MASTER PLAN INITIAL\nSTUDY/MITIGATED NEGATIVE DECLARATION, AND ADOPTING AN\nADDENDUM TO THE INITIAL STUDY AND MITIGATED NEGATIVE\nDECLARATION FINDING THAT THE MODIFICATIONS POSE NO\nSIGNIFICANT CHANGES TO THE ORIGINAL ENVIRONMENTAL\nANALYSIS.\n2. Adopt Resolution No. 24-89, entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nRICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG\nPARK MASTER PLAN RESOLUTION NO. 23-25, TO INCORPORATE\nEIGHT ADDITIONAL PICKLEBALL COURTS FOR A TOTAL OF 24 \nPICKLEBALL COURTS.\n3. Approve Design Option C for the 24-court pickleball facility.

B. DE NOVO APPEAL HEARING OF DEVELOPMENT PERMIT 24-027, A\nREQUEST TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE\nON A VACANT LOT AT 239 AVENIDA LA CUESTA ABUTTING TWO\nHISTORIC RESOURCES (233 AVENIDA LA CUESTA AND 243 AVENIDA LA\nCUESTA), AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM\nCEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15303 (CLASS\n3: NEW CONSTRUCTION AND CONVERSION OF SMALL STRUCTURES, 14\nCCR §15303) (Part 2)\nA public hearing to consider a request to construct a two-story, single-family\nresidence on a vacant lot between two historic resources at 233 Avenida La\nCuesta and 243 Avenida La Cuesta. The project is located within\nResidential Low Zoning District and Special Residential 2 Overlay District.\nThis project was formerly referenced as Cultural Heritage Permit (CHP\n23-318). After the adoption of the City’s streamlining ordinance in November\nof 2023, the permit type has been reclassified to a Development Permit (DP\n24-027).\nStaff Recommendation\nAdopt Resolution No. 24-90, which will:\n1. Find the project categorically exempt from the California Environmental\nQuality Act (CEQA) under CEQA Guidelines Section 15303 (Class 3: New\nConstruction or Conversion of Small Structures).\n2. Deny the Appeal and approve Development Permit 24-027, Moses\nResidence, to allow the construction of a two-story, single-family residence\non a vacant lot abutting two historic resources (233 Avenida La Cuesta and\n243 Avenida La Cuesta).

A. Commissions and Committees

B. Council Subcommittee Updates

C. City Attorney

D. City Manager