San Clemente — 2024-11-19

A. APPOINTMENT OF THE CITY CLERK AND CITY TREASURER, AND\nINTRODUCTION (FIRST READING) OF ORDINANCES MAKING THE CITY\nTREASURER AND CITY CLERK POSITIONS APPOINTED BY THE CITY\nMANAGER\nStaff Recommendation\n1. Adopt Resolution 24-170 appointing Laura Campagnolo to the office of City\nClerk in accordance to Chapter 2.10 of the Municipal Code of the City of San\nClemente.\n2. Introduce and conduct the first reading of Ordinance No. 1783 entitled AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,\nCALIFORNIA, AMENDING CHAPTER 2.10 OF THE MUNICIPAL CODE OF\nTHE CITY OF SAN CLEMENTE TO MODIFY SECTIONS 2.10.010 AND\n2.08.090, VESTING AUTHORITY IN THE CITY MANAGER TO APPOINT\nTHE CITY CLERK, and direct the City Manager to make such future\nappointments going forward.\n3. Adopt Resolution 24-171 appointing Charlie Smith to the office of City\nTreasurer in accordance to Chapter 2.14 of the Municipal Code of the City of\nSan Clemente.

B. INTRODUCTION (FIRST READING) OF AN ORDINANCE, AMENDING\nMUNICIPAL CODE SECTIONS 8.48.070, 8.48.090, 12.34.020 AND 12.34.040\nRELATED TO AMPLIFIED SOUND AND SPECIAL EVENT PERMITS, AND\nFINDING THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nIntroduce and conduct a first reading of Ordinance No. 1785 entitled AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,\nCALIFORNIA, AMENDING MUNICIPAL CODE SECTIONS 8.48.070, 8.48.090,\n12.34.020 AND 12.34.040 RELATING TO REQUIRING A SPECIAL EVENT\nPERMIT TO ALLOW AMPLIFIED SOUND IN PUBLIC SPACES AND MAKING\nRELATED MINOR CODE CLARIFICATIONS RELATING TO SPECIAL EVENT\nPERMITS AND NOISE REQUIREMENTS, AND FINDING THE ORDINANCE IS\nEXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

C. CONSIDERATION OF ACCEPTING A DONATION FOR THE CONSTRUCTION\nOF A PUMP TRACK AT RICHARD T. STEED MEMORIAL PARK, AMENDING\nTHE FY 2024-25 CAPITAL IMPROVEMENT PROGRAM, AND OPTIONS FOR\nPROJECT SCOPE, AND MAKING FINDINGS UNDER THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nStaff Recommendation\n1. City Council to provide direction to staff concerning the size and development\nof a pump track at Richard T. Steed Memorial Park.\n2. Adopt Resolution No. 24-172, which will:\na. Accept a donation of $200,000 from Shimano Inc., a donation of\n$100,000 from the Friends of San Clemente Beaches, Parks &\nRecreation Foundation, and a donation of $20,000 from the Orange\nCounty Mountain Bike Association to revenue Account No. 031-000-\n36790.\nb. Approve, and authorize the City Manager to execute, Contract No. C24-\n66, a Funding Agreement, by and between the City of San Clemente,\nShimano Inc., the Friends of San Clemente Beaches, Parks & Recreation\nFoundation, and Orange County Mountain Bike Association, that provides\nfor Shimano's signature blue stripe to be painted along the edge of the\nasphalt track, permission for Shimano to feature the project as part of its\ncommunity engagement marketing series, and recognition of Shimano,\nOrange County Mountain Bike Association and the Friends of San\nClemente Beaches Parks and Recreation with a plaque at the site.\nc. Approve an amendment to the FY 2024-25 Capital Improvement Program\nto include a project for the design and construction of a pump track\nrecreation facility at Richard T. Steed Memorial Park at 18,000 square\nfeet.\nd. Determine that the project is consistent with the Steed Park Master Plan\nand is consistent with the environmental findings established in the\nIS/MND previously certified by the City Council.\ne. Approve a supplemental appropriation of $100,000 from the Parks\nAcquisition Fund and $200,000 from CIP Project No. 15108, “Vista\nHermosa Sports Park (VHSP) Meadows Development”, to Account No.\n031-862-45300-000 (Parks Acquisition & Development) for the Richard T.\nSteed Memorial Park Pump Track.\nf. Direct staff to pursue additional funding sources through the Land and\nWater Conservation Fund for its next immediate funding cycle beginning\nin 2025.

D. CONSIDERATION OF A RESOLUTION AWARDING A THREE-YEAR\nMAINTENANCE SERVICES AGREEMENT WITH TWO OPTIONAL ONE-YEAR\nEXTENSIONS TO GREAT SCOTT TREE SERVICE, INC., AND FINDING THE\nPROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-174, which will:\n1. Determine that the project is categorically exempt from the California\nEnvironmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14\nCCR 15301), Section 15301 of the state CEQA Guidelines.\n2. Award a Three-Year Maintenance Services Agreement, with two optional\none-year renewals exercisable under the City Manager's discretion, to\nGreat Scott Tree Service, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n67, by and between the City of San Clemente and Great Scott Tree\nService, Inc., providing for tree trimming services, in the amount of\n$310,619 for year one, $319,937.57 for year two and $329,535.70 for year\nthree with up to an annual $60,000 per year supplement for emergency\nservices.

E. CONSIDERATION OF REVISING POLICY AND PROCEDURE 1201-8\nRELATING TO LEGISLATIVE BODY REIMBURSEMENT\nStaff Recommendation\nRepeal Policy and Procedure 1208-1 Legislative Body Reimbursement (dated\nApril 18, 2023) and adopt a new Policy and Procedure 1201-8 Legislative Body\nReimbursement.

F. ESTABLISHMENT OF CITY COUNCIL MEETING SCHEDULE FOR 2025 AND\nEARLY 2026 AND CONSIDERATION OF ADOPTING A RESOLUTION\nMODIFYING THE START TIME OF CITY COUNCIL MEETINGS\nStaff Recommendation\n1. Cancel the City Council meetings of July 1, 2025 and July 15, 2025 as a\nregular legislative break.\n2. Reschedule the January 21, 2025 City Council meeting to January 14,\n2025.\n3. Cancel the December 2, 2025 and December 16, 2025 City Council\nmeetings and hold one meeting on December 9, 2025 to allow for the\nMayor to serve a full year and participate in the City tree lighting ceremony\nin 2025.\n4. Cancel the City Council meeting of January 6, 2026.\n5. Adopt Resolution No. 24-175 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nESTABLISHING THE DATE, TIME AND LOCATION OF CITY COUNCIL\nMEETINGS AND RESCINDING RESOLUTION NO. 22-48.

A. City Council Minutes\nStaff Recommendation:\n(1) APPROVE THE CITY COUNCIL SPECIAL AND REGULAR MEETING\nMINUTES OF OCTOBER 15, 2024.

B. Commission/Committee Minutes\nStaff Recommendation:\nReceive and file the following:\n(1) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES\nOF AUGUST 5, 2024.\n(2) BEACHES, PARKS AND RECREATION COMMISSION REGULAR\nMEETING MINUTES OF AUGUST 13, 2024.\n(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF\nSEPTEMBER 24, 2024.\n(4) PLANNING COMMISSION REGULAR MEETING MINUTES OF\nOCTOBER 2, 2024.\n(5) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF\nOCTOBER 17, 2024.\n(6) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES\nOF OCTOBER 23, 2024.

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n3124 THROUGH 3129 AND WARRANT NOS.\n599788 THROUGH 599920, PAID ON\n10-4-24, IN THE AMOUNT OF $1,704,844.30\n(2) APPROVE HANDWRITE NOS. 600096 THROUGH\n600097, AND WIRE TRANSFER NOS.\n3130 THROUGH 3131 AND WARRANT NOS.\n599921 THROUGH 600095, PAID ON\n10-11-24, IN THE AMOUNT OF $3,927,779.27\n(3) APPROVE WIRE TRANSFER NOS.\n3132 THROUGH 3136 AND WARRANT NOS.\n600098 THROUGH 600309, PAID ON\n10-18-24, IN THE AMOUNT OF $4,747,973.56\n(4) APPROVE WARRANT NOS.\n600310 THROUGH 600536, PAID ON\n10-25-24, IN THE AMOUNT OF $1,784,011.75\n(5) APPROVE WIRE TRANSFER NOS.\n3137 THROUGH 3142 AND WARRANT NOS.\n600537 THROUGH 600639, PAID ON\n11-1-24, IN THE AMOUNT OF $1,520,359.93\n(6) APPROVE WIRE TRANSFER NOS.\n3143 THROUGH 3144 AND WARRANT NOS.\n600640 THROUGH 600822, PAID ON\n11-8-24, IN THE AMOUNT OF $3,482,887.46\nTOTAL WARRANT REGISTER $17,167,856.27\nPayroll Register\nWARRANT NOS. 953 THROUGH 954, AND\nAUTOMATIC DEPOSIT ADVISES 97738\nTHROUGH 98078, FOR THE PERIOD\n9-16-24 THROUGH 9-29-24, PAID\nON 10-4-24, IN THE AMOUNT OF $519,285.96\nWARRANT NOS. 955 THROUGH 956, AND\nAUTOMATIC DEPOSIT ADVISES 98079\nTHROUGH 98411, FOR THE PERIOD\n9-30-24 THROUGH 10-13-24, PAID\nON 10-18-24, IN THE AMOUNT OF $523,053.60\nWARRANT NO. 957, AND AUTOMATIC\nDEPOSIT ADVISES 98412 THROUGH\n98736, FOR THE PERIOD 10-14-24\nTHROUGH 10-27-24, PAID ON 11-1-24,\nIN THE AMOUNT OF $522,227.75\nTOTAL PAYROLL REGISTER $1,564,567.31

D. CONSIDERATION OF APPROVING PARKING MODIFICATIONS TO CREATE\nDESIGNATED PASSENGER AND SCHOOL BUS LOADING ZONES FOR LAS\nPALMAS ELEMENTARY SCHOOL AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nPlanning Commission and Staff Recommendation\nAdopt Resolution No. 24-176, 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 parking modifications as illustrated in Attachment 2 as follows:\na. Convert the current temporary passenger loading zone into a permanent\none on the south side of Avenida Aragon up to 134 feet in length.\nb. Convert the current 130-ft 1-hour parking zone into a school bus loading\nzone marked by yellow curb on the west side of Calle Puente.

E. CONSIDERATION OF A RESOLUTION TO APPROVE AN AFFORDABLE\nHOUSING PROJECT, THAT INCLUDES AN AFFORDABLE HOUSING\nAGREEMENT WITH FRIENDSHIP SHELTER INC, AN ANNUAL MONITORING\nFEE, AND ZONING CONCESSIONS AND WAIVERS PURSUANT TO STATE\nDENSITY BONUS LAW, AND TO DETERMINE THE PROJECT EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-177, which will:\n1. Determine that the affordable housing project and agreement are exempt\nfrom the California Environmental Quality Act (CEQA) under California\nPublic Resources Code (PRC) Section 21080.50 and direct staff to file a\nnotice of exemption.\n2. Approve the Project, including the three concessions/waivers requested\nunder the State Density Bonus Law.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n68, the Affordable Housing Agreement, by and between the City of San\nClemente and Friendship Shelter Inc., included as Exhibit A of Resolution\nNo. 24-177.

F. COMMUNITY FACILITIES DISTRICT NO. 2006-01 (MARBLEHEAD COASTAL)\nLOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT\nREPORT (SB 165) FOR FISCAL YEAR ENDED JUNE 30, 2024\nStaff Recommendation\nAdopt Resolution No. 24-178 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING AND\nRECEIVING THE CITY OF SAN CLEMENTE COMMUNITY FACILITIES\nDISTRICT NO. 2006-1 LOCAL AGENCY SPECIAL TAX AND BOND\nACCOUNTABILITY ACT COMPLIANCE REPORT FOR THE FISCAL YEAR\nENDED JUNE 30, 2024.

G. CONSIDERATION OF A RESOLUTION ADOPTING FISCAL YEAR 2023-2024\nMEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SAN CLEMENTE\nStaff Recommendation\nAdopt Resolution No. 24-179 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, TO ADOPT THE FISCAL\nYEAR 2023-2024 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF\nSAN CLEMENTE.

H. CONSIDERATION OF A RESOLUTION AWARDING SPORTS PARTNERSHIP\nSTATUS FOR THE SPRING PRIMARY SEASON SPORTS\nBeaches, Parks and Recreation Commission and Staff Recommendation\n1. Adopt Resolution No. 24-180 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AWARDING\nRECREATIONAL YOUTH SPORTS PARTNERSHIP STATUS TO SAN\nCLEMENTE LITTLE LEAGUE AND SAN CLEMENTE GIRLS SOFTBALL.\n2. Approve, and authorize the Beaches, Parks and Recreation Director to\nexecute, Contract No. C24-69, Recreation Sports Partnership Agreement, by\nand between the City of San Clemente and San Clemente Little League, Tier\nI Sports Partnership Status, for a three-year term.\n3. Approve, and authorize the Beaches, Parks and Recreation Director to\nexecute, Contract No. C24-70, Recreation Sports Partnership Agreement, by\nand between the City of San Clemente and San Clemente Girls Softball, Tier\nI Sports Partnership Status, for a three-year term.

I. CONTRACT AWARD - LIFEGUARD TOWERS REPLACEMENT (2024), AND\nFINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-181, which will:\n1. Find the Lifeguard Towers Replacement (2024), CIP Project No. 22104,\ncategorically exempt from the California Environmental Quality Act\n(CEQA) under Class 2 of the State CEQA Guidelines, Section15302.\n2. Award the Lifeguard Towers Replacement (2024), CIP Project No. 22104,\nconstruction contract to Pantheon Diversified, Inc. as the lowest\nresponsible and responsive bidder.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n71, by and between the City of San Clemente and Pantheon Diversified,\nInc., providing for Lifeguard Towers Replacement, in the amount of\n$115,000, in a form substantially similar to Contract No. C24-71\n(Attachment 2).\n4. Approve a 15% project contingency of $17,250.

J. CONTRACT AWARD - COMPLETION OF A PARKING AND\nTRANSPORTATION DEMAND MANAGEMENT ANALYSIS AND POLICY\nDEVELOPMENT FOR LOCAL COASTAL PROGRAM, ACCEPTING\nRELATED GRANT FUNDING, MAKING A SUPPLEMENTAL\nAPPROPRIATION, AND FINDING THE PROJECT STATUTORILY EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-182, which will:\n1. Find the project statutorily exempt from the California Environmental\nQuality Act (CEQA) under Section 15262 (Feasibility and Planning\nStudies) and 15378 (No Potential for Impact) of the state CEQA\nGuidelines.\n2. Award a professional consulting services agreement to Chen Ryan\nAssociates, Inc., to conduct a parking and transportation demand\nmanagement analysis for the downtown, North Beach, Pier Bowl, and\nother coastal areas.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n72, by and between the City of San Clemente and Chen Ryan Associates,\nInc., providing for a parking and transportation demand management\nanalysis for the downtown, North Beach, Pier Bowl, and other coastal\nareas, in an in an amount not to exceed $250,000.\n4. Accept grant revenues in the amount of $250,000 to Account No. 001-000\n-33446 (Coastal Grant Revenue).\n5. Approve a supplemental appropriation of $250,000 to Account No. 001-\n433-43695 (Professional Studies).

K. CONTRACT AWARD - BIOLOGICAL MONITORING AND INSPECTION\nSERVICES FOR THE AVENIDA MONTALVO CANYON AND TRAIL\nIMPROVEMENTS HABITAT RESTORATION, AND APPROVING A\nSUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $30,000\nStaff Recommendation\nAdopt Resolution No. 24-183, which will:\n1. Approve a supplemental appropriation in the amount of $30,000 from the\nLocal Drainage Facilities Fund into Account No. 033-832-45300-000-\n16004.\n2. Award a Professional Services Agreement to SWCA Environmental\nConsultants for monitoring and inspection services for the Avenida\nMontalvo Canyon and Trail Improvements Habitat Restoration, CIP\nProject No. 16004.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n73, by and between the City of San Clemente and SWCA Environmental\nConsultants, providing for monitoring and inspection services for the\nAvenida Montalvo Canyon and Trail Improvements Habitat Restoration, in\nan amount not to exceed $89,828.

L. CONTRACT AMENDMENTS - AS NEEDED BUILDING PLAN REVIEW\nSERVICES\nStaff Recommendation\nAdopt Resolution No, 24-184, which will:\n1. Approve the first amendment to the Professional Consulting Services\nAgreement with VCA Consultants, Inc. for Building Plan Review Services\nin an amount not to exceed $150,000.\n2. Approve the first amendment to the Professional Consulting Services\nAgreement with West Coast Code Consultants, Inc. for Building Plan\nReview Services in an amount not to exceed $150,000.\n3. Approve a supplemental appropriation in the amount of $130,000 to\nAccount No. 001-421-43890-000-0000 and accept additional building\nrevenues of $130,000 to Account No. 001-000-32210-000-00000.\n4. Approve, and authorize the City Manager to execute, Amendment No. 1 to\nContract No. C24-03, by and between the City of San Clemente and with\nVCA Consultants, Inc., providing for Building Plan Review Services, in an\namount not to exceed $150,000.\n5. Approve, and authorize the City Manager to execute, Amendment No. 1 to\nContract No. C24-02, by and between the City of San Clemente and with\nWest Coast Code Consultants, Inc., providing for Building Plan Review\nServices, in an amount not to exceed $150,000.

M. CONSIDERATION OF APPROVING THE SAN CLEMENTE LAND OUTFALL\n(PC 10) ASSET TRANSFER AND DISSOLUTION AGREEMENT, AND\nAUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT\nStaff Recommendation\nAdopt Resolution No. 24-185, which will:\n1. Approve, and authorize the City Manager to execute, Contract No. 24-74,\nSan Clemente Land Outfall (PC 10) Asset Transfer and Dissolution\nAgreement.

N. CONSIDERATION OF APPROVING FIVE SOUTH ORANGE COUNTY\nWASTEWATER AUTHORITY (SOCWA) REORGANIZATION AGREEMENTS\nStaff Recommendation\nAdopt Resolution No. 24-186, which will:\n1. Approve Amendment No. 1 to Joint Powers Agreement, Asset and\nCapacity Transfer Agreement (Agreement No. 1)(C24-75).\n2. Moulton Niguel Water District - South Orange County Wastewater\nAuthority Withdrawal Agreement (Agreement No. 4)(C24-76).\n3. Assignment and Assumption Agreement (PC 5, Agreement No. 6)(C24-\n77).\n4. Transfer Price Allocation Memorandum of Understanding (C24-78).\n5. Approve, and authorize the City Manager to execute said agreements.

O. CONSIDERATION OF RESOLUTION NO. 24-187 AUTHORIZING AN\nEXEMPTION TO THE FORMAL SOLICITATION PROCESS FOR THE\nPURCHASE OF DELL SERVERS FROM SIDEPATH, INC. IN AN AMOUNT\nNOT TO EXCEED $72,175\nStaff Recommendation\nAdopt Resolution No. 24-187, which will:\nApprove, and authorize the City Manager to execute, Contract No. C24-79, by\nand between the City of San Clemente and Sidepath, Inc., providing for the\npurchase of the Dell Servers under substantially the same terms and conditions\nof NASPO Contract No. 23026 and California State Participating Addendum No.\n7-23-70-55-01, in an amount not to exceed $72,175, which includes four Dell\nservers and three years of maintenance and support.

P. NOTICE OF COMPLETION - SAN CLEMENTE VILLAS BY THE SEA STORM\nDRAIN REPAIR\nStaff Recommendation\nAdopt Resolution No. 24-188, which will:\n1. Accept San Clemente Villas by the Sea Storm Drain Repair, Project No.\n26001, from the contractor, GCI Construction, Inc.\n2. Authorize the Public Works Director/City Engineer to execute and record\nthe Notice of Completion for the completed San Clemente Villas by the\nSea Storm Drain Repair.\n3. Authorize the City Clerk to release the Payment Bond 35 days from the\nrecordation of the Notice of Completion upon verification with the\nEngineering Division that no liens have been levied against the contractor,\nGCI Construction, Inc.

Q. CONSIDERATION OF RETURNING AN OVERPAYMENT OF BUSINESS\nLICENSE TAX TO VILLA SAN CLEMENTE, LLC IN THE AMOUNT OF\n$87,359\nStaff Recommendation\nAdopt Resolution No. 24-189 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE\nRETURN OF OVERPAYMENT OF BUSINESS LICENSE TAXES TO VILLA\nSAN CLEMENTE, LLC IN THE AMOUNT OF $87,359.

A. Commissions and Committees

B. Council Subcommittee Updates

C. City Attorney

D. City Manager

A. CONTINUANCE OF NO ACTION ON CONDITIONAL PERMIT 1021 RELATED\nTO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL\nNUMBER 690-552-05\nContinued Public Hearing to consider whether to make changes to or\nrevoke approved applications related to a telecommunications facility\nlocated at 616 Del Dios, including a Conditional Permit issued by the\nCounty of Orange in 1962 (as thereafter modified and approved by the\nCity), Voluntary Compliance Agreement between American Tower\nCorporation and the City dated on or about July 6, 2023, and Wireless\nCommunications Facilities Application Screening Form WMS 23-231 filed\nby Dish Wireless, LLC, a Colorado limited liability company, and may\nconsider initiating litigation related to the same. The City Council will also\nconsider whether any action that it takes that qualifies as a project is\nexempt from the California Environmental Quality Act, including, but not\nlimited to, pursuant to State CEQA Guidelines Sections 15301, 15302,\n15303, 15304, 15305 and 15321.\nStaff Recommendation\nContinue the public hearing indefinitely and extend the abeyance of the\nrevocation of Conditional Permit 1021 indefinitely.

B. INTRODUCTION (FIRST READING) OF AN ORDINANCE APPROVING\nZONING AMENDMENT ZA24-193 TO TITLE 17 (ZONING) OF THE SAN\nCLEMENTE MUNICIPAL CODE TO ADD CHAPTER 17.26 OBJECTIVE\nDESIGN STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND\nRESIDENTIAL MIXED-USE DEVELOPMENT, AMENDING SECTION\n17.32.030 RESIDENTIAL ZONE USES, AMENDING SECTION 17.36.020\nCOMMERCIAL ZONE USES, AMENDING SECTION 17.40.030 MIXED-USE\nZONE USES, AND AMENDING SECTION 17.56.090 HOUSING OVERLAY TO\nADD CERTAIN SITES PREVIOUSLY IDENTIFIED IN THE HOUSING\nELEMENT, IN ACCORDANCE WITH CALIFORNIA HOUSING LAWS AND\nTHE CITY OF SAN CLEMENTE’S CERTIFIED HOUSING ELEMENT; AND\nFINDING THAT THE ZONING AMENDMENT IS EXEMPT FROM CEQA PER\nTHE COMMUNITY PLAN EXEMPTION PURSUANT TO PUBLIC RESOURCES\nCODE SECTION 21083.3 AND CEQA GUIDELINES SECTIONS 15183,\n15060(C) AND 15061(B)(3)\nPublic Hearing for the City Council to consider an Ordinance approving\nZoning Amendment ZA24-193 to Title 17 (Zoning) of the San Clemente\nMunicipal Code to add Chapter 17.26 Objective Design Standards for\nMulti-Family Residential and Residential Mixed-Use Development,\namending Section 17.32.030 Residential Zone Uses, Amending Section\n17.36.020 Commercial Zone Uses, Amending Section 17.40.030\nMixed-Use Zone Uses, and Amending Section 17.56.090 Housing\nOverlay to add certain sites previously identified in the Housing Element,\nin accordance with California housing laws and the City of San\nClemente’s certified Housing Element; and finding that the zoning\namendment is exempt from CEQA per the Community Plan exemption\npursuant to PRC Sec. 21083.3 and Guidelines Sections 15183, 15060(C)\nand 15061(B)(3).\nStaff Recommendation\n1. Determine that the zoning amendment is exempt from the California\nEnvironmental Quality Act (CEQA) per the Community Plan exemption\npursuant to the Public Resources Code (PRC) Section 21083.3 and CEQA\nGuidelines Sections 15183, 15060(C) and 15061(B)(3).\n2. Introduce and conduct the first reading of Ordinance No. 1784 entitled AN\nORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,\nCALIFORNIA, APPROVING ZONING AMENDMENT ZA24-193 TO TITLE 17\n(ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD\nCHAPTER 17.26 OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY\nRESIDENTIAL AND RESIDENTIAL MIXED-USE DEVELOPMENT,\nAMENDING SECTION 17.32.030 RESIDENTIAL ZONE USES, AMENDING\nSECTION 17.36.020 COMMERCIAL ZONE USES, AMENDING SECTION\n17.40.030 MIXED-USE ZONE USES, AND AMENDING SECTION 17.56.090\nHOUSING OVERLAY TO ADD CERTAIN SITES PREVIOUSLY IDENTIFIED\nIN THE HOUSING ELEMENT, IN ACCORDANCE WITH CALIFORNIA\nHOUSING LAWS AND THE CITY OF SAN CLEMENTE’S CERTIFIED\nHOUSING ELEMENT; AND FINDING THAT THE ZONING AMENDMENT IS\nEXEMPT FROM CEQA PER THE COMMUNITY PLAN EXEMPTION\nPURSUANT TO PUBLIC RESOURCES CODE SECTION 21083.3 AND\nCALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTIONS\n15183, 15060(C) AND 15061(B)(3).

C. PROPOSITION 218 HEARING AND CONSIDERATION OF A RESOLUTION\nAPPROVING THE COST-OF-SERVICE STUDY, ADOPTING AND SETTING\nSOLID WASTE COLLECTION RATES, APPROVING AND AWARDING A\nSECOND AMENDED AND RESTATED AGREEMENT TO CR&R\nINCORPORATED FOR SOLID WASTE HANDLING SERVICES, AND FINDING\nTHE CONTRACT CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nPublic Hearing to consider adopting revised rates for collection, handling,\nand disposal of solid waste, including garbage, green waste, organics and\nrecycling within the City (collectively, "solid waste services'').\nStaff Recommendation\nConduct the Proposition 218 Hearing, and if there is no majority protest,\nadopt Resolution No. 24-167, 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\nthe state CEQA Guidelines.\n2. Approve and adopt the Cost-of-Service Study (Attachment 3).\n3. Set and adopt the Solid Waste and Recycling Rates as proposed (Exhibit\nA and Attachment A to Attachment 1).\n4. If the rates are approved, award and authorize the City Manager to\nexecute, Contract No. C24-65, a Second Amended and Restated\nAgreement, by and between the City of San Clemente and CR&R\nIncorporated, providing for Solid Waste Handling Services (Attachment 2).

D. CONSIDERATION OF A RESOLUTION AMENDING THE EXISTING DEL\nMAR/DOWNTOWN AREA UNDERGROUND UTILITY DISTRICT 02-01,\nCANCELING DISTRICT 02-02 AND FINDING THE PROJECT\nCATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL\nQUALITY ACT\nPublic Hearing to consider the Del Mar Phase 1 and Phase 2\nUnderground Utility Districts No. 02-01 and 02-02 were established to\nconvert overhead utilities within the public right-of-way to underground\nfacilities within the area generally bounded by Avenida Cabrillo, Avenida\nDel Mar, Avenida Granada, the Community Center and El Camino Real.\nThe utility undergrounding is being designed by and will be conducted by\nSan Diego Gas & Electric (SDG&E) under California Public Utilities\nCommission Rule 20A. At the public hearing, the City Council will\nconsider removing several blocks from the district including Avenida\nGranada, the alley and easement north-northwest of Avenida Del Mar,\nand the alley east of Avenida Granada to address funding discrepancies\nconnected with undergrounding of existing utilities in the original district\narea and allow the project to move forward. The City Council will also\nconsider whether and to what extent the cost of installation of potential\nupgrades to customer service meter panels to accept underground\nservice should be included in the undergrounding project.\nStaff Recommendation\n1. Find the project categorically exempt from the California Environmental\nQuality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14\nCCR Section 15302(d)) of the State CEQA Guidelines.\n2. Approve the amendment to reduce the Underground Utility District (UDD)\n02-01 to the area as shown in Attachment 4.\n3. Remove the Underground Utility District (UDD) 02-01 funding for\nupgrading private utility panels unless additional savings can be found\nduring final construction.\n4. Formally cancel the Underground Utility District (UDD) 02-02 for future\nconsideration of undergrounding of overhead utility in the Avenida\nGranada utility easement.

E. PUBLIC HEARING AND CONSIDERATION OF RESOLUTION NO. 24-169,\nAPPROVING A REVISED ADMINISTRATIVE FEE FOR VEHICLE REMOVAL,\nIMPOUND, STORAGE OR RELEASE BY THE ORANGE COUNTY SHERIFF’S\nDEPARTMENT FOR THE TRAFFIC VIOLATOR APPREHENSION PROGRAM\n(TVAP)\nPublic Hearing to consider amending the City’s Traffic Violator\nApprehension Program vehicle impound rates with an annual\nadjustment.\nStaff Recommendation\n1. Open the public hearing, hear all public input and close the public hearing.\n2. Following the public hearing, adopt Resolution No. 24-169 entitled A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN\nCLEMENTE, CALIFORNIA, APPROVING A REVISED ADMINISTRATIVE\nFEE FOR VEHICLE REMOVAL, IMPOUND, STORAGE OR RELEASE BY\nTHE ORANGE COUNTY SHERIFF'S DEPARTMENT FOR THE TRAFFIC\nVIOLATOR APPREHENSION PROGRAM (TVAP) IN THE CITY OF SAN\nCLEMENTE.\n3. Repeal Resolution No. 21-11.

F. PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN\nCLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN\nCOVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)\nPublic Hearing to review the Covenants, Conditions and Restriction\n(CC&R) violations and determine whether the City of San Clemente shall\nassume enforcement duties as permitted under Article XII of the\nBroadmoor Homeowners Association Covenants, Conditions and\nRestriction (CC&Rs). Should the City take on enforcement\nresponsibilities, the reasonable costs incurred, including reasonable\nattorney fees, may be assessed to the Homeowners Association,\npotentially leading to a uniform assessment against each lot within\nBroadmoor San Clemente.\nStaff Recommendation\n1. Open the public hearing, receive public testimony and comment, close the\npublic hearing.\n2. Determine that the Broadmoor Community Association has failed to\nenforce its covenants, conditions and restrictions (CC&Rs) and has failed\nto cure such non-performance and adopt Resolution No. 24-173 entitled A\nRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN\nCLEMENTE, CALIFORNIA, DETERMINING THAT THE BROADMOOR SAN\nCLEMENTE COMMUNITY ASSOCIATION HAS FAILED IN ITS\nENFORCEMENT DUTIES UNDER THE ASSOCIATION’S COVENANTS,\nCONDITIONS, AND RESTRICTIONS AND FAILED TO CURE SUCH\nFAILURE, AND ASSUMING AND ASSIGNING THE CITY’S\nENFORCEMENT AUTHORITY OF THE HEIGHT LIMITS FOR TREES ON\nPROPERTIES LOCATED BETWEEN 201 AND 327 CALLE DELICADA,\nSAN CLEMENTE, CA 92672 TO THE OWNERS OF PROPERTIES\nLOCATED BETWEEN 201 AND 337 CALLE FELICIDAD, SAN CLEMENTE,\nCA 92672.

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION\nExisting litigation pursuant to Government Code Section 54956.9(d)(1) Number\nof Cases: 1\nCase Name: Harbor View Estates Homeowners Association v. City of San\nClemente, Orange County Superior Court Case No .\n30-2024-01371169-CU-WM-CXC\nB. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION\nWhether to initiate litigation pursuant to Government Code section 54956.9(d)(4)\nNumber of Cases: 1