San Clemente — 2024-10-01

A. \nCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION \nExisting litigation pursuant to Government Code Section 54956.9(d)(1) \nNumber of Cases: 1

A. \nCity Council Minutes \nStaff Recommendation: \n(1) \nAPPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF \nSEPTEMBER 17, 2024.

B. \nCommission/Committee Minutes \nStaff Recommendation: \nReceive and file the following: \n(1) \nCOASTAL ADVISORY COMMITTEE REGULAR MEETING MINUTES \nOF JULY 18, 2024. \n(2) \nPLANNING COMMISSION SPECIAL MEETING MINUTES OF AUGUST \n21, 2024. \n(3) \nPUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF \nAUGUST 27, 2024. \n(4) \nZONING \nADMINISTRATOR \nREGULAR \nMEETING \nMINUTES \nOF \nSEPTEMBER 5, 2024.

C. \nWarrant Register \n(1) \nAPPROVE WIRE TRANSFER NOS. \n3111 THROUGH 3115 AND WARRANT NOS. \n599208 THROUGH 599340, PAID ON \n9-6-24, IN THE AMOUNT OF \n$2,813,581.99 \n(2) \nAPPROVE WIRE TRANSFER NOS. \n3116 THROUGH 3117 AND WARRANT NOS. \n599341 THROUGH 599499, PAID ON \n9-13-24, IN THE AMOUNT OF \n$3,143,217.56 \n(3) \nAPPROVE WIRE TRANSFER NOS. \n3118 THROUGH 3121 AND WARRANT NOS. \n599500 THROUGH 599626, PAID ON \n9-20-24, IN THE AMOUNT OF \n$1,984,696.44 \nTOTAL WARRANT REGISTER \n$7,941,495.99 \nPayroll Register \nWARRANT NO. 949 AND AUTOMATIC \nDEPOSIT ADVISES 97051 \nTHROUGH 97396, FOR THE PERIOD \n8-19-24 THROUGH 9-1-24, PAID \nON 9-6-24, IN THE AMOUNT OF \n$514,393.07 \nWARRANT NOS. 950 THROUGH 952 AND \nAUTOMATIC DEPOSIT ADVISES 97397 \nTHROUGH 97737, FOR THE PERIOD \n9-2-24 THROUGH 9-15-24, PAID \nON 9-20-24, IN THE AMOUNT OF \n$521,175.25 \nTOTAL PAYROLL REGISTER \n$1,035,568.32

D. ADOPT ORDINANCE NO. 1780 (SECOND READING) - ESTABLISHING \nCITYWIDE POSTED SPEED LIMITS AND FINDING THE ORDINANCE \nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL \nQUALITY ACT \nStaff Recommendation \nAdopt Ordinance No. 1780 entitled AN ORDINANCE OF THE CITY COUNCIL OF \nTHE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE \nMUNICIPAL CODE TITLE 10 - VEHICLES AND TRAFFIC, CHAPTER 10.16 TO \nESTABLISH CITYWIDE POSTED SPEED LIMITS AND FINDING THE ACTION \nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL \nQUALITY ACT.

E. ADOPT ORDINANCE NO. 1781 (SECOND READING) - CONFLICT OF INTEREST \nCODE \nStaff Recommendation \nAdopt Ordinance No. 1781 entitled AN ORDINANCE OF THE CITY COUNCIL OF \nTHE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER \n2.24 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE TO ADD \nSECTION 2.24.010, RELATING TO THE CONFLICT OF INTEREST CODE.

F. \nCONTRACT AMENDMENT - MUNICIPAL CITATION LEGAL SERVICES AND \nCODE ENFORCEMENT LEGAL SERVICES \nStaff Recommendation \nAdopt Resolution No. 24-153, which will: \n1. Approve the first amendment to the Municipal Citation Legal Services \nagreement with Civica Law Group, APC, in an amount not to exceed \n$144,000 for FY 2024-25 and FY 2025-26. \n2. Approve an additional appropriation in the amount of $44,400 for the first \namendment to the Municipal Citation Legal Services agreement with Civica \nLaw Group, APC. \n3. Approve the first amendment to the Code Enforcement Legal Services \nagreement with Civica Law Group, APC, and its updated rate schedule, with \nattorney/legal fees not to exceed $186,000 per fiscal year. \n4. Approve, and authorize the City Manager to execute, Amendment No. 1 to \nContract No. C24-11, by and between the City of San Clemente and Civica \nLaw Group, APC, providing for Municipal Citation Legal Services, in an \namount not to exceed$144,000 for FY 2024-25 and FY 2025-26. \n5. Approve, and authorize the City Manager to execute, Amendment No. 1 to \nContract No. C24-10, by and between the City of San Clemente and Civica \nLaw Group, APC, providing for Code Enforcement Legal Services, in an \namount not to exceed $186,000 per fiscal year.

G. CONTRACT AWARD - COMPLETION OF THE FEDERALLY MANDATED \nAMERICAN WATER INFRASTRUCTURE ACT OF 2018 (AWIA) PROJECT \nUPDATES, INCLUDING THE RISK AND RESILIENCY ASSESSMENT (RRA) \nAND THE EMERGENCY RESPONSE PLAN (ERP); AND FINDING THE \nPROJECT \nCATEGORICALLY \nEXEMPT \nFROM \nTHE \nCALIFORNIA \nENVIRONMENTAL QUALITY ACT \nStaff Recommendation \nAdopt Resolution No. 24-154, which will: \n1. Find the project categorically exempt from the California Environmental \nQuality Act (CEQA) under Class 9 (Inspections, 14 CCR section 15309 of \nthe State CEQA Guidelines). \n2. Approve the agreement for sharing consultant costs with Metropolitan Water \nDistrict of Orange County and Herndon Solutions Group for the federally \nrequired America's Water Infrastructure Act AWIA updates. \n3. Approve, and authorize the City Manager to execute, Contract No. C24- 55, \na shared services consultant agreement, by and between the City of San \nClemente and Metropolitan Water District of Orange County and Herndon \nSolutions Group, for sharing consultant costs with for the Federally required \nAmerica's Water Infrastructure Act (AWIA) updates, in an amount not to \nexceed $66,700.

H. CONTRACT AWARD - STORM DRAIN GRAVITY MAIN SWGM-16135 REPAIRS; \nAPPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF \n$735,000 FROM THE STORM DRAIN FUND; AND FINDING THE PROJECT \nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL \nQUALITY ACT \nStaff Recommendation \nAdopt Resolution No. 24-155, which will: \n1. Approve a supplemental appropriation in the amount of $735,000 from the \nStorm Drain Fund into Account No. 059-553-43420-000-26001, which will \nbe by a loan from the Local Drainage Fund in an amount up to $735,000 \nfrom the Catch Basin and Storm Drain projects. \n2. Award a contract to Diamond Construction & Design, as the lowest \nresponsible and responsive bidder, for the Storm Drain Gravity Main \nSWGM-16135 Repairs, Project No. 26001. \n3. Approve, and authorize the City Manager to execute, Contract No. C24- \n56, by and between the City of San Clemente and Diamond Construction & \nDesign, providing for the Storm Drain Gravity Main SWGM-16135 Repairs, \nin an amount not to exceed $573,637 in a form substantially similar to \nContract No. C24-56 (Attachment 2). \n4. Approve a 19% construction contingency of $109,000 for this Project. \n5. Find the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. \n26001, categorically exempt from the California Environmental Quality Act \n(CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section \n15302) of the State CEQA Guidelines. \n11I. CONTRACT AWARD - PAVEMENT PRESERVATION PROGRAM - CRACK \nFILLING; AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM \nTHE CALIFORNIA ENVIRONMENTAL QUALITY ACT \nStaff Recommendation \nAdopt Resolution No. 24-156, which will: \n1. Find the Pavement Preservation Program - Crack Filling, CIP Project No. \n25304, 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 Pavement Preservation Program - Crack Filling, CIP Project No. \n25304, contract to Roy Allan Slurry Seal, Inc. \n3. Approve, and authorize the City Manager to execute, Contract No. C24- 57, \nby and between the City of San Clemente and Roy Allan Slurry Seal, Inc., \nproviding for the Pavement Preservation Program - Crack Filling, in an \namount not to exceed $125,595, in a form substantially similar to Contract \nNo. C24-57 (Attachment 3). \n4. Approve a 15% construction contingency of $18,840 for this project.

J. CONSIDERATION OF THE FY 2024-25 BEACHES, PARKS & RECREATION \nCOMMISSION WORK PLAN \nStaff and the Beaches, Parks and Recreation Commission Recommendation \nAdopt Resolution No. 24-157 entitled A RESOLUTION OF THE CITY COUNCIL \nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE BEACHES, \nPARKS AND RECREATION COMMISSION FY 2024-25 WORK PLAN.

K. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING EXPENSES \nStaff Recommendation \nAuthorize an expenditure of up to $3,150 related to City Councilmembers’ \nattendance at the League of California Cities 2024 Annual Conference and \nExpo.

A. CONSIDERATION OF A RESOLUTION AFFIRMING VOTING INTEGRITY FOR \nELECTIONS \n(Agendized by Councilmember Knoblock, with the support of Mayor Cabral, at the \nSeptember 17, 2024 City Council meeting.) \nStaff Recommendation \nDetermine whether to adopt Resolution No. 24-151 entitled A RESOLUTION OF \nTHE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, \nAFFIRMING VOTING INTEGRITY FOR ELECTIONS. \n10B. CONTRACT AMENDMENT - SOLID WASTE HANDLING SERVICES FOR TWO \nMONTHS, SETTING A PROPOSITION 218 HEARING FOR NOVEMBER 19, \n2024 TO SET RATES, AND FINDING THE CONTRACT CATEGORICALLY \nEXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT \nStaff Recommendation \nAdopt Resolution No. 24-152, which will: \n1. Find the project is categorically exempt from the California Environmental \nQuality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR 15301) of the \nstate CEQA Guidelines. \n2. Approve Amendment No. 4 to the Agreement with CR&R Incorporated to \ncontinue Solid Waste Handling services for two months. \n3. Approve, and authorize the City Manager to execute, Amendment No. 4 to \nContract No. C87-62, by and between the City of San Clemente and CR&R \nIncorporated, to continue Solid Waste Handling services for two months. \n4. Setting a Proposition 218 Hearing for November 19, 2024 to review the \nCost-of-Service Study, hear any protests and set rates.

A. \nRegistrar of Voters - Voter Integrity \nPresentation by Bob Page, Orange County Registrar of Voters, concerning the \nupcoming election, ballot security and public observation and informational \nresources.

B. \nPresentation of Proclamation - Code Enforcement Officer Appreciation Week \nPresentation of Proclamation to Danielle Sorahan, Code Compliance Manager, \nproclaiming October 6-12, 2024 as Code Enforcement Officer Appreciation Week.

C. \nPresentation of Proclamation - Wildfire Awareness Season \nPresentation of Proclamation to Orange County Fire Authority Division Chief Maule \nproclaiming Mid-Summer through Early Autumn 2024 as Wildfire Awareness and \nPrevention Season.

D. \nPresentation of Proclamation - Fire Prevention Week \nPresentation of Proclamation to Orange County Fire Authority Division Chief Maule \nproclaiming October 6-12, 2024 as Fire Prevention Week.

E. \nHispanic Heritage Month \nRecognition of Hispanic Heritage Month, September 15 to October 15, 2024, in \ncelebration of Hispanic and Latino history, culture and legacies that enrich our \ncommunity.

A. \nCommissions and Committees \n(1) \nCONSIDERATION OF ESTABLISHING A CITY COUNCIL SUBCOMMITTEE TO OVERSEE SELECTION OF MULTI-YEAR TREE \nTRIMMING CONTRACTOR \nStaff Recommendation \nAppoint a two-person City Council subcommittee to participate in the bid \nopening process for the City’s multi-year tree trimming contact.

B. \nCouncil Subcommittee Updates

C. \nCity Attorney

D. \nCity Manager