San Clemente — 2024-08-06

A. 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. Regular Meeting)

B. Commission/Committee Minutes\nStaff Recommendation:\nReceive and file the following:\n(1) ARTS AND CULTURE REGULAR MEETING MINUTES OF MAY 20,\n2024.\n(2) PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF\nMAY 22, 2024.\n(3) PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 22,\n2024.\n(4) PLANNING COMMISSION REGULAR MEETING MINUTES OF JUNE 5,\n2024.\n(5) PLANNING COMMISSION SPECIAL MEETING MINUTES OF JUNE 26,\n2024.\n(6) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF\nJULY 9, 2024.\n(7) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JULY\n18, 2024.

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n3068 THROUGH 3073 AND WARRANT NOS.\n597545 THROUGH 597748, PAID ON\n6-28-24, IN THE AMOUNT OF $1,127,393.42\n(2) APPROVE WIRE TRANSFER NOS.\n3074 THROUGH 3075 AND WARRANT NOS.\n597749 THROUGH 597904, PAID ON\n7-5-24, IN THE AMOUNT OF $4,332,970.62\n(3) APPROVE HANDWRITE NO. 598028,\nWIRE TRANSFER NOS. 3076 THROUGH\n3083 AND WARRANT NOS. 597905\nTHROUGH 598027, PAID ON 7-12-24,\nIN THE AMOUNT OF $3,302,333.57\n(4) APPROVE WIRE TRANSFER NOS.\n3084 THROUGH 3086 AND WARRANT NOS.\n598029 THROUGH 598233, PAID ON\n7-19-24, IN THE AMOUNT OF $3,708,385.02\nTOTAL WARRANT REGISTER $12,471,082.63\nPayroll Register\nWARRANT NO. 938 AND AUTOMATIC\nDEPOSIT ADVISES 95117 THROUGH\n95499, FOR THE PERIOD 6-10-24\nTHROUGH 6-23-24, PAID ON 6-28-24,\nIN THE AMOUNT OF $572,917.17\nWARRANT NO. 939 AND AUTOMATIC\nDEPOSIT ADVISES 95500 THROUGH\n95885, FOR THE PERIOD 6-24-24\nTHROUGH 7-7-24, PAID ON 7-12-24,\nIN THE AMOUNT OF $589,545.83\nTOTAL PAYROLL REGISTER $1,162,463.00

D. CONSIDERATION OF APPROVAL OF A LETTER OF OPPOSITION TO\nASSEMBLY BILL 2560 REQUIRING LOCAL COASTAL PROGRAMS TO\nINCLUDE HOUSING PROVISIONS, INCLUDING DENSITY BONUSES, AND\nREDUCING LOCAL CONTROL OF HOUSING BY GIVING OVERSIGHT TO\nTHE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY\nDEVELOPMENT AND THE CALIFORNIA COASTAL COMMISSION\nStaff Recommendation\nIf the City Council concludes that the provisions of Assembly Bill (AB) 2560 are\ninconsistent with the land use policies and priorities of the community then:\nAdopt Resolution No. 24-121 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE\nMAYOR TO EXECUTE A LETTER IN OPPOSITION TO ASSEMBLY BILL 2560\n(ALVAREZ) AND CAUSE THE DELIVERY OF SAID LETTER TO THE CHAIR\nOF THE CALIFORNIA STATE ASSEMBLY’S LOCAL GOVERNMENT\nCOMMITTEE.

E. CONSIDERATION TO SUBMIT A LETTER OF OPPOSITION FOR ASSEMBLY\nBILL 2557 IMPACTING THE COSTS FOR PROVIDING CONTRACT\nSERVICES TO MUNICIPALITIES\nStaff Recommendation\nIf the City Council concludes that the provisions of Assembly Bill (AB) 2557 are\ninconsistent with the responsible expenditure of tax payer dollars then:\nAdopt Resolution No. 24-122 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE\nMAYOR TO EXECUTE A LETTER IN OPPOSITION TO ASSEMBLY BILL 2557\n(ORTEGA) AND CAUSE THE DELIVERY OF SAID LETTER TO THE CHAIR\nOF THE CALIFORNIA STATE ASSEMBLY’S LOCAL GOVERNMENT\nCOMMITTEE.

F. CONSIDERATION OF MAYOR CABRAL’S TRAVEL EXPENSES\nStaff Recommendation\nAuthorize an expenditure of up to $550 related to Mayor Cabral's attendance at\nSenator Nguyen's California Surf Day event.

G. CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION\nCONTRACT TO ONYX PAVING COMPANY, INC. FOR FY 2025 ARTERIAL\nAND LOCAL STREET IMPROVEMENT PROGRAM, CIP PROJECT NOS.\n15317 AND 15322, IN AN AMOUNT NOT TO EXCEED $1,639,000,\nAUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION\nCONTRACT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-123, which will:\n1. Find the FY 2025 Arterial and Local Street Improvement Program, CIP\nProject Nos. 15317 and 15322, categorically exempt from the California\nEnvironmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14\nCCR section 15301) of the State CEQA Guidelines.\n2. Award the FY 2025 Arterial and Local Street Improvement Program, CIP\nProject Nos. 15317 and 15322, contract to ONYX Paving Company, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n44, by and between the City of San Clemente and ONYX Paving\nCompany, Inc., providing for the FY 2025 Arterial and Local Street\nImprovement Program, in an amount not to exceed $1,639,000, in a form\nsubstantially similar to Contract No. 24-44 (Attachment 3).\n4. Approve a 10% construction contingency of $163,900 for this project.

H. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT\n“E-BIKES FRIEND OR FOE”\nStaff Recommendation\n1. Adopt Resolution No. 24-124, entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING\nRESPONSE TO FINDINGS AND RECOMMENDATIONS IN THE REPORT\nOF THE ORANGE COUNTY GRAND JURY - ‘E-BIKES FRIEND OR FOE’.\n2. Authorize the Mayor to execute, and direct staff to submit a letter in response\nto the findings and recommendations noted in the Administrative Report\ndated August 6, 2024, and on file with the City Clerk, to the Presiding Judge\nof the Superior Court by September 19, 2024 in substantially the same form\nas attached to the Resolution as Exhibit A.

A. DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) TO\nREPRESENT SAN CLEMENTE AT THE LEAGUE OF CALIFORNIA CITIES\nANNUAL BUSINESS MEETING\nStaff Recommendation\nDetermine whether or not to appoint a voting delegate to represent the City at\nthe Annual Business Meeting of the League of California Cities Annual\nConference on October 18, 2024, and also determine whether or not to appoint\nan alternate(s) to vote on the City’s behalf in the event the voting delegate is\nunable to vote at the Annual Business Meeting.

A. CONSIDERATION OF A RESOLUTION CALLING AN ELECTION IN THE CITY\nOF SAN CLEMENTE TO BE CONSOLIDATED WITH THE CITY’S NEXT\nGENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024, SUBMITTING\nTO THE ELECTORS A BALLOT MEASURE TO ESTABLISH A\nTHREE-QUARTERS OF ONE CENT (0.75¢) SPECIAL PURPOSE\nTRANSACTIONS AND USE (SALES) TAX, ESTABLISHING THE POLICIES\nAND PROCEDURES FOR SUCH AN ELECTION, REQUESTING THAT\nORANGE COUNTY PROVIDE ELECTION SERVICES, DIRECTING THE CITY\nATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND AUTHORIZING\nTHE FILING OF REBUTTAL ARGUMENT\n(Agendized by Mayor Cabral, with the support of Councilmember Loeffler and\nMayor Pro Tem Enmeier, at the July 17, 2024 City Council meeting.)\nThe City Council will consider whether to place a three-quarters of one\npercent (0.75%) special purpose transaction and use (sales) tax on the ballot\nfor the voters to vote on at the general municipal election on November 5,\n2024. Under the proposed measure, all funds would be dedicated to resident\nidentified priorities of maintaining local beaches and beach access for\nresidents, keeping sand on local San Clemente beaches, reducing beach\nerosion, protecting ocean water quality, protecting surfing and ocean\nswimming locations, and restoring and maintaining the beach trail and the\nCity pier, all of which will help protect San Clemente’s local beach economy.\nThe City Council will also consider making changes to the proposed\nmeasure.\nStaff Recommendation\nAdopt Resolution No. 24-125 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALLING AN ELECTION IN THE CITY OF\nSAN CLEMENTE TO BE CONSOLIDATED WITH THE CITY’S NEXT\nGENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024, SUBMITTING TO\nTHE ELECTORS A BALLOT MEASURE TO ESTABLISH A\nTHREE-QUARTERS OF ONE CENT (0.75¢) SPECIAL PURPOSE\nTRANSACTIONS AND USE (SALES) TAX, ESTABLISHING THE POLICIES\nAND PROCEDURES FOR SUCH AN ELECTION, REQUESTING THAT\nORANGE COUNTY PROVIDE ELECTION SERVICES, DIRECTING THE CITY\nATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND AUTHORIZING\nTHE FILING OF REBUTTAL ARGUMENT.\nOR\nAdopt Resolution No. 24-126 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALLING AN ELECTION IN THE CITY OF\nSAN CLEMENTE TO BE CONSOLIDATED WITH THE CITY’S NEXT\nGENERAL MUNICIPAL ELECTION ON NOVEMBER 5, 2024, SUBMITTING TO\nTHE ELECTORS A BALLOT MEASURE TO ESTABLISH A ONE HALF CENT\n(1/2¢) SPECIAL PURPOSE TRANSACTIONS AND USE (SALES) TAX,\nESTABLISHING THE POLICIES AND PROCEDURES FOR SUCH AN\nELECTION, REQUESTING THAT ORANGE COUNTY PROVIDE ELECTION\nSERVICES, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL\nANALYSIS AND AUTHORIZING THE FILING OF REBUTTAL ARGUMENT.

A. Commissions and Committees

B. Council Subcommittee Updates

C. City Attorney

A. Recognition of San Clemente High School State Champion 4x800 Track\nRelay Team\nRecognition of the San Clemente High School State Champion 4x800 Track\nRelay Team.