San Clemente — 2024-12-10

A. RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER\n5, 2024\nStaff Recommendation\nAdopt Resolution No. 24-191 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, RECITING THE FACT OF\nTHE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF SAN\nCLEMENTE, CALIFORNIA, ON NOVEMBER 5, 2024, DECLARING THE\nRESULTS, AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

B. OATH OF ALLEGIANCE - NEWLY-ELECTED COUNCILMEMBERS\nAdministration of the Oath of Allegiance to Councilmembers-Elect Loeffler and\nWu.

C. ELECTION OF MAYOR AND MAYOR PRO TEMPORE\nThe City Clerk will conduct the election for Mayor. The Mayor will then conduct\nthe election for Mayor Pro Tempore.

CLOSED SESSION (4:30 P.M.)\nA. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION\nPending litigation pursuant to Government Code Section 54956.9(d)(1) Number\nof Cases: 1\nCase Name: Wu v. Bob Page, et al., Orange County Superior Court Case No .\n30-2024-01419457-CU-WM-CJC\nCALL TO ORDER\nINVOCATION - Senior Pastor Holland Davis, Calvary Chapel San Clemente\nPLEDGE OF ALLEGIANCE\nROLL CALL\nELECTION RESULTS, ADMINISTRATION OF OATH OF ALLEGIANCE, AND ELECTION\nOF MAYOR AND MAYOR PRO TEMPORE\nA. RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER\n5, 2024\nStaff Recommendation\nAdopt Resolution No. 24-191 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, RECITING THE FACT OF\nTHE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF SAN\nCLEMENTE, CALIFORNIA, ON NOVEMBER 5, 2024, DECLARING THE\nRESULTS, AND SUCH OTHER MATTERS AS PROVIDED BY LAW.\nB. OATH OF ALLEGIANCE - NEWLY-ELECTED COUNCILMEMBERS\nAdministration of the Oath of Allegiance to Councilmembers-Elect Loeffler and\nWu.\nC. ELECTION OF MAYOR AND MAYOR PRO TEMPORE\nThe City Clerk will conduct the election for Mayor. The Mayor will then conduct\nthe election for Mayor Pro Tempore.

A. City Council Minutes\nStaff Recommendation:\n(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF\nNOVEMBER 19, 2024.

B. Commission/Committee Minutes\nStaff Recommendation:\nReceive and file the following:\n(1) GOLF COURSE COMMITTEE SPECIAL MEETING MINUTES OF\nAUGUST 28, 2024.\n(2) GOLF COURSE COMMITTEE SPECIAL MEETING MINUTES OF\nSEPTEMBER 26, 2024.\n(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING OF OCTOBER 22,\n2024.\n(4) ZONING ADMINISTRATOR MEETING MINUTES OF NOVEMBER 7,\n2024.\n(5) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES\nOF NOVEMBER 13, 2024.\n(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF\nNOVEMBER 20, 2024.\n(7) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF\nNOVEMBER 21, 2024.

C. Warrant Register\n(1) APPROVE WIRE TRANSFER NOS.\n3145 THROUGH 3150 AND WARRANT NOS.\n600823 THROUGH 600970, PAID ON\n11-15-24, IN THE AMOUNT OF $3,228,489.14\nTOTAL WARRANT REGISTER $3,228,489.14\nPayroll Register\nWARRANT NO. 958, AND AUTOMATIC\nDEPOSIT ADVISES 98737 THROUGH\n99056, FOR THE PERIOD 10-28-24\nTHROUGH 11-10-24, PAID ON 11-15-24,\nIN THE AMOUNT OF $505,408.19\nTOTAL PAYROLL REGISTER $505,408.19

D. ADOPT ORDINANCE NO. 1783 (SECOND READING) -VESTING AUTHORITY\nIN THE CITY MANAGER TO APPOINT THE CITY CLERK POSITION\nStaff Recommendation\nAdopt Ordinance No. 1783 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN\nCLEMENTE MUNICIPAL CODE SECTIONS 2.10.010 AND 2.08.090, VESTING\nAUTHORITY IN THE CITY MANAGER TO APPOINT THE CITY CLERK.

E. ADOPT ORDINANCE NO. 1784 (SECOND READING) - APPROVING ZONING\nAMENDMENT ZA24-193 TO TITLE 17 (ZONING) OF THE SAN CLEMENTE\nMUNICIPAL CODE TO ADD CHAPTER 17.26 OBJECTIVE DESIGN\nSTANDARDS FOR MULTI-FAMILY RESIDENTIAL AND RESIDENTIAL\nMIXED-USE DEVELOPMENT, AMENDING SECTION 17.32.030\nRESIDENTIAL ZONE USES, AMENDING SECTION 17.36.020 COMMERCIAL\nZONE USES, AMENDING SECTION 17.40.030 MIXED-USE ZONE USES,\nAND AMENDING SECTION 17.56.090 HOUSING OVERLAY TO ADD\nCERTAIN SITES PREVIOUSLY IDENTIFIED IN THE HOUSING ELEMENT, IN\nACCORDANCE WITH CALIFORNIA HOUSING LAWS AND THE CITY OF SAN\nCLEMENTE'S CERTIFIED HOUSING ELEMENT; AND FINDING THAT THE\nZONING AMENDMENT IS EXEMPT FROM CEQA PER THE COMMUNITY\nPLAN EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION\n21083.3 AND CEQA GUIDELINES SECTIONS 15183, 15060(C) AND 15061(B)\n(3)\nStaff Recommendation\nAdopt Ordinance No. 1784 entitled AN ORDINANCE OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING\nAMENDMENT ZA24-193 TO TITLE 17 (ZONING) OF THE SAN CLEMENTE\nMUNICIPAL CODE TO ADD CHAPTER 17.26 OBJECTIVE DESIGN\nSTANDARDS FOR MULTI-FAMILY RESIDENTIAL AND RESIDENTIAL\nMIXED-USE DEVELOPMENT, AMENDING SECTION 17.32.030 RESIDENTIAL\nZONE USES, AMENDING SECTION 17.36.020 COMMERCIAL ZONE USES,\nAMENDING SECTION 17.40.030 MIXED-USE ZONE USES, AND AMENDING\nSECTION 17.56.090 HOUSING OVERLAY TO ADD CERTAIN SITES\nPREVIOUSLY IDENTIFIED IN THE HOUSING ELEMENT, IN ACCORDANCE\nWITH CALIFORNIA HOUSING LAWS AND THE CITY OF SAN CLEMENTE’S\nCERTIFIED HOUSING ELEMENT; AND FINDING THAT THE ZONING\nAMENDMENT IS EXEMPT FROM CEQA PER THE COMMUNITY PLAN\nEXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083.3\nAND CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES\nSECTIONS 15183, 15060(C) AND 15061(B)(3).

F. ADOPT ORDINANCE NO. 1785 (SECOND READING) - 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\nStaff Recommendation\nAdopt Ordinance No. 1785 entitled AN ORDINANCE OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING\nMUNICIPAL CODE SECTIONS 8.48.070, 8.48.090, 12.34.020 AND 12.34.040\nRELATING TO REQUIRING A SPECIAL EVENT PERMIT TO ALLOW\nAMPLIFIED SOUND IN PUBLIC SPACES AND MAKING RELATED MINOR\nCODE CLARIFICATIONS RELATING TO SPECIAL EVENT PERMITS AND\nNOISE REQUIREMENTS, AND FINDING THE ORDINANCE IS EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

G. NOTICE OF COMPLETION - NORTH BEACH EMERGENCY SAND\nPLACEMENT PROJECT, PROJECT NO. 14901\nStaff Recommendation\nAdopt Resolution No. 24-199, which will:\n1. Accept the North Beach Emergency Sand Placement Project, Project No.\n14901, 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 North Beach Emergency Sand\nPlacement Project.\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.\n4. Authorize the City Clerk to release the performance bond.

H. CONTRACT AWARD - ENGINEERING SUPPORT SERVICES FOR THE DEL\nMAR ELECTRICAL REHABILITATION IMPROVEMENTS\nStaff Recommendation\nAdopt Resolution No. 24-200, which will:\n1. Award a Professional Services Agreement to Pacific Advanced Civil\nEngineers, Inc. for engineering support services for the Del Mar Electrical\nRehabilitation Project, CIP Project No. 19807.\n2. Approve, and authorize the City Manager to execute, Contract No. C24-\n85, by and between the City of San Clemente and Pacific Advanced Civil\nEngineers, Inc., providing for the Del Mar Electrical Rehabilitation Project,\nin an amount not to exceed $89,940.

I. CONTRACT AWARD - FY 2025 AS-NEEDED STREET IMPROVEMENT\nPROGRAM, AND FINDING THE PROJECT CATEGORICALLY EXEMPT\nFROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-201, which will:\n1. Find the FY 2025 As-Needed Street Improvement Program, CIP Project\nNo. 15318, categorically exempt from the California Environmental Quality\nAct (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of\nthe State CEQA Guidelines.\n2. Award the FY 2025 As-Needed Street Improvement Program, contract to\nHardy & Harper, Inc.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n86, by and between the City of San Clemente and Hardy & Harper, Inc.,\nproviding for the FY 2025 As-Needed Street Improvement Program, in an\namount not to exceed $200,000 per year, in a form substantially similar to\nContract No. C24-86 (Attachment 3).

J. CONTRACT AWARD - TELECOMMUNICATION SERVICES AT MULTIPLE\nCITY FACILITIES\nStaff Recommendation\nAdopt Resolution No. 24-202, which will:\n1. Award a Commercial Services Agreement to Cox Business for\nTelecommunication Services.\n2. Approve, and authorize the City Manager to execute, Contract No. C24-87,\nby and between the City of San Clemente and Cox Business, providing for\nTelecommunication Services, in an amount not to exceed $85,659 per year.

K. CONTRACT AWARD - CIVICREC RECREATION MANAGEMENT SYSTEM,\nAND CONSIDERATION A RESOLUTION AUTHORIZING AN EXEMPTION TO\nTHE FORMAL SOLICITATION PROCESS\nStaff Recommendation\nAdopt Resolution No. 24-203, which will:\n1. Authorize an exemption to the formal solicitation process under City Policy\n201-2-1.\n2. Award a Professional Services Agreement and approve a Master Services\nAgreement with Civic Plus, Inc. for the CivicRec Recreation Management\nSystem.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n88, by and between the City of San Clemente and Civic Plus, Inc.,\nproviding for the CivicRec Recreation Management System, in an amount\nnot to exceed $141,863 over a three-year term.

L. CONTRACT AWARD - CONSTRUCTION OF A PUMP TRACK AT RICHARD T.\nSTEED MEMORIAL PARK AND MAKING FINDINGS UNDER THE\nCALIFORNIA ENVIRONMENTAL QUALITY ACT\nStaff Recommendation\nAdopt Resolution No. 24-204, which will:\n1. Find the construction of an asphalt pump track is consistent with the\nRichard T. Steed Memorial Park Master Plan and is consistent with the\nenvironmental findings established in the IS/MND previously certified by\nthe City Council.\n2. Award a piggy-back contract to American Ramp Company, Inc., the\nlowest responsible bidder in the City of Moreno Valley’s competitive formal\nbidding process, for the construction of the pump track at Richard T.\nSteed Memorial Park, in an amount not to exceed $605,500.\n3. Approve, and authorize the City Manager to execute, Contract No. C24-\n89, a piggy-back contract, by and between the City of San Clemente and\nAmerican Ramp Company, Inc., providing for the construction of the\npump track at Richard T. Steed Memorial Park, in an amount not to\nexceed $605,500 in a form substantially similar to the contract awarded by\nthe City of Moreno Valley.\n4. Approve a 5% project contingency of $30,275.

M. CONTRACT AMENDMENT - LAND LEASE WITH MODIFIED OPTIONS FOR\nTHE CITY OWNED LAND LOCATED ADJACENT AND TO THE NORTH OF 92\nAVENIDA LA PATA (APN 678-164-01)\nStaff Recommendation\nAdopt Resolution No. 24-205, which will:\n1. Approve the First Amendment to the Land Lease (Contract No. C14-49)\nbetween the City of San Clemente and Gratitude Garden Preschool,\nprovided as Attachment 1, Exhibit A of the Administrative Report dated\nDecember 10, 2024, for the lease of the unimproved land located adjacent\nand to the north of 92 Avenida La Pata, (APN 678-164-01).\n2. Approve, and authorize the City Manager to execute, Amendment No. 1 to\nContract No. C14-49, by and between the City of San Clemente and\nGratitude Garden Preschool, for the lease of the unimproved land located\nadjacent and to the north of 92 Avenida La Pata, (APN 678-164-01).

C. CONSIDERATION OF AMENDING PICKLEBALL & TENNIS COURT\nOPERATIONS AT SAN GORGONIO PARK AND FINDING THE ACTION\nEXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT\n(Agendized by Councilmember Loeffler, with the support of Councilmember\nKnoblock and Mayor Cabral at the November 19, 2024 City Council meeting.)\nStaff Recommendation\nDiscuss the operating hours of the San Gorgonio Park tennis court and\npickleball courts and make a determination on the future operational hours .

A. CONSIDERATION OF FIVE HISTORIC PROPERTY PRESERVATION\nAGREEMENTS FOR FIVE QUALIFIED HISTORIC PROPERTIES AND\nDETERMINING THE AGREEMENTS EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nPublic Hearing to consider five Mills Act agreements between the City\nand the owner(s) of historic properties, including: Historic Property\nPreservation Agreement (HPPA) 24-195 for 143 Avenida Granada, HPPA\n24-197 for 161 West Marquita, HPPA 24-273 for 304 Avenida Sierra,\nHPPA 24-390 for 210 West Mariposa, and HPPA 24-468 for 402/404\nPasadena Court and finding each Agreement be found Categorically\nExempt from CEQA pursuant to State CEQA Guidelines §15331 (Class\n31: Historic Resources Restoration/Rehabilitation), because the project(s)\nare a preservation effort that is consistent with the Secretary of the\nInterior’s Standards for the Treatment of Historic Properties with\nGuidelines for Preserving, Rehabilitating, Restoring, and Reconstructing\nHistoric Buildings.\n1. Determine each Historic Property Preservation Agreement is not a project,\nas defined by Section 15378 of the California Environmental Quality Act\nand are exempt from environmental review.\n2. Adopt Resolution No. 24-192 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING\nHISTORIC PROPERTY PRESERVATION AGREEMENT 24-195 FOR THE\nPROPERTY LOCATED AT 143 AVENIDA GRANADA AND FINDING THE\nPROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT.\n3. Approve, and authorize the Mayor to execute, Contract No. C24-80, Historic\nProperty Preservation Agreement, for the property located at 143 Avenida\nGranada.\n4. Adopt Resolution No. 24-193 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING\nHISTORIC PROPERTY PRESERVATION AGREEMENT 24-197 FOR THE\nPROPERTY LOCATED AT 161 WEST MARQUITA AND FINDING THE\nPROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT.\n5. Approve, and authorize the Mayor to execute, Contract No. C24-81, Historic\nProperty Preservation Agreement, for the property located at 161 West\nMarquita.\n6. Adopt Resolution No. 24-194 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING\nHISTORIC PROPERTY PRESERVATION AGREEMENT 24-273 FOR THE\nPROPERTY LOCATED AT 304 AVENIDA SIERRA AND FINDING THE\nPROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT.\n7. Approve, and authorize the Mayor to execute, Contract No. C24-82, Historic\nProperty Preservation Agreement, for the property located at 304 Avenida\nSierra.\n8. Adopt Resolution No. 24-195 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING\nHISTORIC PROPERTY PRESERVATION AGREEMENT 24-390 FOR THE\nPROPERTY LOCATED AT 210 WEST MARIPOSA AND FINDING THE\nPROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT.\n9. Approve, and authorize the Mayor to execute, Contract No. C24-83, Historic\nProperty Preservation Agreement, for the property located at 210 West\nMariposa.\n10. Adopt Resolution No. 24-196 entitled A RESOLUTION OF THE CITY\nCOUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING\nHISTORIC PROPERTY PRESERVATION AGREEMENT 24-468 FOR THE\nPROPERTY LOCATED AT 402 PASADENA COURT AND FINDING THE\nPROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT.\n11. Approve, and authorize the Mayor to execute, Contract No. C24-84, Historic\nProperty Preservation Agreement, for the property located at 402 Pasadena\nCourt.

B. ANNUAL AND FIVE-YEAR REPORTS CONCERNING THE MITIGATION FEE\nACT\nPublic Hearing to consider the City of San Clemente’s Annual Report for\nfiscal year ended June 30, 2024 and Five-Year Report for the period July\n1, 2019 through June 30, 2024 concerning Mitigation Fees.\nStaff Recommendation\nAdopt Resolution No. 24-197 entitled A RESOLUTION OF THE CITY COUNCIL\nOF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING, RECEIVING\nAND FILING THE CITY OF SAN CLEMENTE’S ANNUAL AND FIVE-YEAR\nREPORTS CONCERNING THE MITIGATION FEE ACT.

C. CONSIDERATION OF A RESOLUTION TO APPROVE A SUBSTANTIAL\nAMENDMENT TO THE 2024-2025 ANNUAL ACTION PLAN FOR\nEXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS\nPublic Hearing regarding the Substantial Amendment to the Action Plan\nfor Fiscal Year 2024-2025. This action is taken in compliance with federal\nregulations [24 CFR 91].\nAdopt Resolution No 24-198, which will:\n1. Approve and adopt the Substantial Amendment to the 2024-2025 Annual\nAction Plan acknowledging the new Americans with Disabilities Act (ADA)\nrestroom project at the San Clemente Community Center, which utilizes\nCommunity Development Block Grant Funds.\n2. Authorize the City Manager to submit the Substantial Amendment to the\n2024-2025 Annual Action Plan to the Department of Housing and Urban\nDevelopment (HUD) and execute related HUD contracts, agreements,\nforms, and certifications.

A. Commissions and Committees

B. Council Subcommittee Updates\n(1) VACANCIES ON THE HUMAN AFFAIRS COMMITTEE AND PUBLIC\nSAFETY COMMITTEE\nStaff Recommendation\nTake no immediate action and advertise and interview for the vacancy\nwhen the City Council interviews candidates for all Commission and\nCommittee vacancies in June.\n(2) UPDATE TO CITY COUNCIL APPOINTEES TO REGIONAL\nCOMMITTEES, COMMISSIONS AND BOARDS AND APPOINT CITY\nCOUNCIL REPRESENTATIVES TO EACH CITY COMMISSION AND\nCOMMITTEE\nStaff Recommendation\n1. Update Councilmember appointments to various regional\ncommittees, commissions and boards.\n2. Adopt Resolution No. 24-206 entitled A RESOLUTION OF THE\nCITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,\nDESIGNATING AND APPOINTING ITS REPRESENTATIVE TO\nTHE ORANGE COUNTY FIRE AUTHORITY’S BOARD OF\nDIRECTORS, with the direction that the name of the City’s new\nDirector be inserted.\n3. Appoint City Council representatives to each City Commission and\nCommittee.

C. City Attorney

D. City Manager

A. Presentation of City Tile to Jake Rahn, Finance Manager\nPresentation of City Tile to Jake Rahn, Finance Manager, in recognition of 20\nyears of exemplary service to the City of San Clemente.

B. Presentation of Commendation - Cameron Cosgrove\nPresentation of Proclamation to Cameron Cosgrove, San Clemente resident, in\nrecognition of his advocacy efforts for coastal issues within San Clemente.

C. Presentation of Commendation - Bring Back Our Beaches\nPresentation of Proclamation to Bring Back Our Beaches in recognition of their\nadvocacy efforts concerning coastal erosion and sand replenishment.

D. Presentation of Commendation - Save our Beaches San Clemente\nPresentation of Proclamation to Save Our Beaches San Clemente in recognition\nof their advocacy efforts concerning sand replenishment and community\neducation.

A. UPDATE ON CAPITAL PROJECTS IDENTIFIED AS PRIORITIES BY\nMEMBERS OF THE CITY COUNCIL\nStaff Recommendation\n1. Provide any necessary direction to the City Manager.\n2. Receive and file the Administrative Report dated December 10, 2024, and on\nfile with the City Clerk.