San Clemente — 2024-08-20

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nExisting litigation pursuant to Government Code Section 54956.9(d)(1) Number\nof 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. Gene James v. City of San Clemente, Orange County Superior Court Case\nNo. 30-2024-0143140-CU-OE-CJC.\nBUSINESS MEETING (6:00 P.M.)

A. City Council Minutes\nStaff Recommendation:\n(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING\nMINUTES OF AUGUST 6, 2024.

B. Commission/Committee Minutes\nStaff Recommendation:\nReceive and file the following:\n(1) COASTAL ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF\nJANUARY 18, 2024.\n(2) COASTAL ADVISORY COMMITTEE ADJOURNED REGULAR\nMEETING MINUTES OF MARCH 21, 2024.\n(3) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING\nMINUTES OF APRIL 29, 2024.\n(4) COASTAL ADVISORY COMMITTEE ADJOURNED REGULAR\nMEETING MINUTES OF MAY 16, 2024.\n(5) BEACHES, PARKS AND RECREATION COMMISSION REGULAR\nMEETING MINUTES OF JUNE 11, 2024.\n(6) PLANNING COMMISSION SPECIAL MEETING MINUTES OF JULY 24,\n2024.\n(7) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF\nAUGUST 1, 2024.

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n3087 THROUGH 3090 AND WARRANT NOS.\n589234 THROUGH 589398, PAID ON\n7-26-24, IN THE AMOUNT OF $5,216,984.13\nTOTAL WARRANT REGISTER $5,216,984.13\nPayroll Register\nWARRANT NOS. 940 THROUGH 943 AND\nAUTOMATIC DEPOSIT ADVISES 95886\nTHROUGH 96279, FOR THE PERIOD\n7-8-24 THROUGH 7-21-24, PAID\nON 7-26-24, IN THE AMOUNT OF $590,767.37\nTOTAL PAYROLL REGISTER $590,767.37

D. CONSIDERATION OF A RESOLUTION APPROVING A SECOND\nAMENDMENT TO A LEASE WITH TWO OPTIONS WITH GLAUKOS\nCORPORATION FOR THE CITY OWNED LAND LOCATED ON AVENIDA\nFABRICANTE (APN 690-661-09)\nStaff Recommendation\nAdopt Resolution No. 24-129, which will:\n1. Approve the Second Amendment to the Standard Industrial/Commercial\nLand Lease Agreement - Gross Between City and Glaukos Corporation,\nprovided as Attachment 1, Exhibit A, for the lease of the unimproved land\nlocated at Avenida Fabricante (APN 690-661-09).\n2. Approve, and authorize the City Manager to execute, Amendment No. 2 to\nContract No. C15-67, the lease agreement, by and between the City of\nSan Clemente and Glaukos Corporation, for the lease of the unimproved\nland located at Avenida Fabricante (APN 690-661-09).

E. CONSIDERATION OF A RESOLUTION APPROVING A FIVE-YEAR LEASE\nWITH TWO THREE-YEAR OPTIONS FOR THE CITY OWNED COMMERCIAL\nBUILDING LOCATED AT 1030 CALLE NEGOCIO (APN 688-142-35) AND\nAPPROVING A SUPPLEMENTAL APPROPRIATION FOR BROKER\nCOMMISSIONS\nStaff Recommendation\nAdopt Resolution No. 24-130, which will:\n1. Approve the five-year lease agreement, provided as Exhibit A of\nAttachment 1, for the lease to XLR8 EMS, LLC of 1030 Calle Negocio.\n2. Approve, and authorize the City Manager to execute, Contract No. C24-45,\nthe lease agreement, by and between the City of San Clemente and XLR8\nEMS, LLC, for the lease of 1030 Calle Negocio, for a base rent of $16,081\nper month for the first year, with 3% increases annually, and two\nthree-year options to renew at market rental rate, and including the\ncommission for consultant real estate services not to exceed 6% of the\ngross lease revenues.\n3. Accept revenues in the amount of $112,567 for FY 2025 in Account No.\n001-000-36253 - Negocio Lease Revenues.\n4. Approve a supplemental appropriation in the amount of $61,470 to\nAccount No. 001-151-43605 - Broker Commissions.

F. CONSIDERATION OF A RESOLUTION APPROVING THE PURCHASE OF\nWATER METERS FOR FISCAL YEAR 2025 FROM FERGUSON\nWATERWORKS AND METRON-FARNIER AS SOLE SOURCE VENDORS,\nAND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-131, which will:\n1. Find the project categorically exempt from the California Environmental\nQuality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section\n15301) of the State CEQA Guidelines.\n2. Approve the purchase of water meters from Ferguson Waterworks as a\nsole source vendor based on the attached fixed price quote.\n3. Approve the purchase of water meters from Metron-Farnier as a sole\nsource vendor based on the attached fixed price quote.\n4. Approve the expenditure for water meter purchases for Fiscal Year 2024-\n25 for a total amount not to exceed $122,070.

G. CONSIDERATION OF A RESOLUTION AWARDING A CONTRACT TO\nCABCO YELLOW, INC. FOR SENIOR MOBILITY PROGRAM\nTRANSPORTATION SERVICES, AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-132, which will:\n1. Award a Professional Services Agreement to Cabco Yellow, Inc. dba\nCalifornia Yellow Cab (CYC).\n2. Approve, and authorize the City Manager to execute, Contract No. C24-46,\nby and between the City of San Clemente and Cabco Yellow, Inc., providing\nfor the Senior Mobility Program Transportation Services, in an amount not to\nexceed $300,00, with two optional one year extensions not to exceed\n$100,000, exercisable by the City Manager’s discretion.\n3. Find the project categorically exempt from the California Environmental\nQuality Act (CEQA) under Class 1 of the state CEQA Guidelines (Existing\nFacilities, 14 CCR Section 15301).

H. CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION\nCONTRACT TO BEAR ELECTRICAL SOLUTIONS, INC. FOR CAMINO\nCAPISTRANO CROSSWALK IMPROVEMENTS, CIP PROJECT NO. 15321,\nAND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-133, which will:\n1. Find the Camino Capistrano Crosswalk Improvements, CIP Project No.\n15321, categorically exempt from the California Environmental Quality Act\n(CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the\nState CEQA Guidelines.\n2. Award the Camino Capistrano Crosswalk Improvements, CIP Project No.\n15321, contract to Bear Electrical Solutions, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n47, by and between the City of San Clemente and Bear Electrical\nSolutions, Inc., providing for the Camino Capistrano Crosswalk\nImprovements, in an amount not to exceed $74,338, in a form\nsubstantially similar to Contract No. C24-47 (Attachment 3).\n4. Approve a 15% construction contingency of $11,150.70 for this project.

I. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT\n“TALKING TRASH: RECYCLABLES AND ORGANIC WASTE”\nStaff Recommendation\n1. Adopt Resolution No. 24-134 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 - ‘TALKING TRASH:\nRECYCLABLES AND ORGANIC WASTE’.\n2. Authorize the Mayor to execute, and direct staff to submit a letter in response\nto the findings and recommendations noted in the report by submitting a\nletter to the Presiding Judge of the Superior Court by September 8, 2024 in\nsubstantially the same form as attached to the Resolution as Exhibit A.

J. RESPONSE TO 2023-2024 ORANGE COUNTY GRAND JURY REPORT\n“EMERGING OPPORTUNITIES IN SOUTH COUNTY WATER/WASTEWATER\nSYSTEMS”\nStaff Recommendation\n1. Adopt Resolution No. 24-135, 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 - ‘EMERGING\nOPPORTUNITIES IN SOUTH COUNTY WATER/WASTEWATER\nSYSTEMS’.\n2. Authorize the Mayor to execute, and direct staff to submit a letter in response\nto the findings and recommendations noted in the report by submitting a\nletter to the Presiding Judge of the Superior Court by September 19, 2024 in\nsubstantially the same form as attached to the Resolution as Exhibit A.

A. SIDEWALK VENDING ENFORCEMENT AND IMPOUNDMENT PRACTICES\nREVIEW\n(Agendized by Councilmember Knoblock, with the support of Mayor Cabral and\nMayor Pro Tem Enmeier).\nStaff Recommendation\nReceive and file the Administrative Report dated August 20, 2024, and on file\nwith the City Clerk.

B. INTRODUCTION (FIRST READING) OF AN ORDINANCE REGULATING THE\nOPERATION AND USE OF ELECTRIC BICYCLES AND OTHER ELECTRIC\nTRANSPORTATION DEVICES AND FINDING THE ORDINANCE NOT\nSUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nIntroduce and conduct a first reading of Ordinance No. 1778 entitled AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,\nCALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 10 -\nVEHICLES AND TRAFFIC, ADDING CHAPTER 10.62 TO ESTABLISH\nREGULATIONS FOR THE OPERATION AND USE OF ELECTRIC\nBICYCLES AND OTHER FORMS OF ELECTRIC TRANSPORTATION AND\nFINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT.

C. INTRODUCE (FIRST READING) AN ORDINANCE TO AMEND CHAPTERS\n8.86 AND 12.18 OF THE SAN CLEMENTE MUNICIPAL CODE (RELATING TO\nPUBLIC CAMPING AND PUBLIC STORAGE OF PERSONAL PROPERTY) TO\nADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS\nPASS, OREGON V. JOHNSON, ET AL\nStaff Recommendation\nIntroduce and conduct the first reading of Ordinance No. 1779 entitled AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,\nCOUNTY OF ORANGE, CALIFORNIA, AMENDING CHAPTERS 8.86 AND\n12.18 OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO PUBLIC\nCAMPING AND PUBLIC STORAGE OF PERSONAL PROPERTY TO\nADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS\nPASS, OREGON V. JOHNSON, ET AL. (2024) 144 S.Ct. 2202 (2024) AND\nFINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT.

D. CONSIDERATION OF A RESOLUTION APPROVING AND ADOPTING THE\n2024-2028 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF\nSAN CLEMENTE AND THE SAN CLEMENTE CITY EMPLOYEES\nASSOCIATION FOR FULL-TIME BENEFITED EMPLOYEES AND ADOPTION\nOF REVISED CITY OF SAN CLEMENTE EMPLOYEE SALARY SCHEDULE\nStaff Recommendation\n1. Make an oral report summarizing the proposed final actions on the\nsalaries, salary schedule and compensation paid in the form of fringe\nbenefits to local agency executives, namely that, if adopted, Resolutions\nNos. 24-127 and 24-128 would approve annual salary increases of 3.5%,\n3%, 3%, and 2.5% over the four-year period beginning with FY 2024-25\nand would provide for fringe benefits in the form of a monthly City\ncontribution amount based on 85% of the average of health plans\nCalPERS makes available to the City, at the appropriate level of coverage\nselected by the employee, for all benefitted full time City employees,\nincluding the executive management team and the City Manager, as well\nas approving a revised salary schedule related thereto, all effective\nSeptember 2, 2024.\n2. Adopt Resolution No. 24-127 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING,\nADOPTING, AND AUTHORIZING THE MAYOR TO EXECUTE THE 2024-\n2028 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF\nSAN CLEMENTE AND THE SAN CLEMENTE CITY EMPLOYEES\nASSOCIATION FOR THE CITY OF SAN CLEMENTE FULL-TIME\nBENEFITED EMPLOYEES AND APPROVING THE SAME LEVEL OF\nSALARY INCREASES AND BENEFITS FOR NON-REPRESENTED\nEXECUTIVE, MID-MANAGER, AND CONFIDENTIAL EMPLOYEE\nGROUPS.\n3. Adopt Resolution No. 24-128 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING A\nREVISED SALARY SCHEDULE WHICH INCLUDES IMPLEMENTATION OF\nEXECUTIVE LEVEL SALARY INCREASES AND AMENDING RESOLUTION\nNO. 24-94 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.\n4. Approve, and authorize the Mayor to execute, Contract No. C24-48, the\n2024-2028 Memorandum of Understanding (MOU), and adopting a\nrevised salary schedule.

A. Commissions and Committees

B. Council Subcommittee Updates

C. City Attorney

D. City Manager

A. Human Relations Leadership Awards\nPresentation of the Human Relations Leadership Award to San Clemente High\nSchool students Grace Pratt and Kylie Marcisz in recognition of their service and\ndedication to the community.

B. Civica Law Group Update\nPresentation by Matt Silver concerning Civica Law Group's work for Code\nCompliance and Orange County Sheriff Department.