City Council

CITY OF SAN CLEMENTE 910 Calle Negocio Tuesday, February 18, 2025 2nd Floor City Council San Clemente, California Regular Meeting Agenda www.san-clemente.org Council Chambers 4:30 p.m. - Closed Session Mayor Knoblock 5:30 p.m. - Business Meeting Mayor Pro Tem Enmeier Councilmember Cabral Councilmember Loeffler Councilmember Wu Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda. RULES FOR ADDRESSING COUNCIL • Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente. • If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item . Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes. MISSION STATEMENT The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to: Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity… Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs. CALIFORNIA ENVIRONMENTAL QUALITY ACT The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda. Page 1 of 9 City Council Regular Meeting Agenda February 18, 2025 DISCLOSURE OF CAMPAIGN CONTRIBUTIONS Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration. CLOSED SESSION (4:30 P.M.) A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code section 54957(b) Title: City Manager BUSINESS MEETING (5:30 P.M.) CALL TO ORDER INVOCATION – Lead Pastor, Mark Ambrose, Pacific Coast Church PLEDGE OF ALLEGIANCE ROLL CALL 1. Special Presentations A. PierPride update and donation of bike racks Presentation by Amber Gregg, representing PierPride, concerning an update on PierPride events, achievements and presentation of donation towards the base of the pier bike rack project. 2. Council Member Reports 3. Oral Communications (Part 1) Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff. Page 2 of 9 City Council Regular Meeting Agenda February 18, 2025 4. Motion waiving reading in full of all Resolutions and Ordinances 5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council. 6. Closed Session Report - City Attorney 7. Staff Communications 8. Public Hearings None. 9. Unfinished Business None. 10. New Business 10A. INTRODUCTION (FIRST READING) OF AN ORDINANCE ADDING CHAPTER 8.26 TO THE SAN CLEMENTE MUNICIPAL CODE REGULATING THE DISTRIBUTION OF FOOD AND DRINKS ON PUBLIC PROPERTY (Agendized by Councilmember Loeffler, with the support of Mayor Knoblock and Councilmember Cabral at the February 4, 2025 City Council meeting.) Staff Recommendation Introduce and conduct the first reading of Ordinance No. 1788 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 8.26 TO THE SAN CLEMENTE MUNICIPAL CODE REGULATING THE DISTRIBUTION OF FOOD AND DRINKS ON PUBLIC PROPERTY. 10B. CONTRACT AWARD - WEBSITE DESIGN SERVICES AND CONTENT MANAGEMENT SYSTEM AND APPROVING A 10% PROJECT CONTINGENCY Staff Recommendation Adopt Resolution No. 25-17, which would: 1. Award a Professional Services Agreement and approve a Master Services Agreement with Civic Plus, LLC. for the for the purchase, implementation, training, and ongoing maintenance of the CivicPlus Website and Content Management System including SeeClickFix CRM, AudioEye accessibility, and CivicSend communication. 2. Approve, and authorize the City Manage to execute, Contract No. C25-09 Page 3 of 9 City Council Regular Meeting Agenda February 18, 2025 (Professional Services Agreement) and C25-12 (Master Services Agreement), by and between the City of San Clemente and Civic Plus, LLC., providing for the purchase, implementation, training, and ongoing maintenance of the CivicPlus Website and Content Management System including SeeClickFix CRM, AudioEye accessibility, and CivicSend communication, in an amount not to exceed $168,280 for a three-year term with three additional one-year options exercisable at the City Manger's discretion. 3. Approve a 10% project contingency. 11. Consent Calendar All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council or Staff requests removal of an item for separate discussion and action. A. City Council Minutes Staff Recommendation: (1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 4, 2025. B. Commission/Committee Minutes Staff Recommendation: Receive and file the following: (1) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF JANUARY 23, 2025. (2) ARTS AND CULTURE COMMITTEE REGULAR MEETING OF JANUARY 27, 2025. (3) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF JANUARY 29, 2025. (4) PLANNING COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 5, 2025. C. Warrant Register (1) APPROVE WIRE TRANSFER NOS. 3186 THROUGH 3195 AND WARRANT NOS. 602363 THROUGH 602526, PAID ON 2-7-25, IN THE AMOUNT OF $3,812,619.07 TOTAL WARRANT REGISTER $3,812,619.07 Page 4 of 9 City Council Regular Meeting Agenda February 18, 2025 Payroll Register APPROVE WARRANT NO. 968 AND AUTOMATIC DEPOSIT ADVISES 100630 THROUGH 100946, FOR THE PERIOD 1-20-25 THROUGH 2-2-25, PAID ON 2-7-25, IN THE AMOUNT OF $528,769.85 TOTAL PAYROLL REGISTER $528,769.85 11D. CONSIDERATION OF A RESOLUTION AUTHORIZING ACCEPTANCE OF $1.8 MILLION GRANT AWARD FOR CLEAN MOBILITY OPTIONS VOUCHER PILOT PROGRAM’S 2023 MOBILITY PROJECT VOUCHER, AUTHORIZING EXECUTION OF THE MOBILITY PROJECT VOUCHER AGREEMENT AND FINDING THE PROJECT STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Staff Recommendation Adopt Resolution No. 25-18, which will: 1. Find the Clean Mobility Options (CMO) Voucher Pilot Program statutorily exempt from the California Environmental Quality Act pursuant to California Public Resources Code § 21080.25. 2. Authorize the City Manager to execute the Mobility Project Voucher Agreement (Agreement Number MP23W2A-16G). 3. Accept grant revenue from the CMO Program Administrator in the amount of up to $1,800,000 for the San Clemente NEV Circulator Program for FY 2024/25 through 2029/30. 4. Direct staff to include the City total contribution of $534,000 to be included within the General Fund Budget for the final operational year of shuttle service within the FY2029 budget. Page 5 of 9 City Council Regular Meeting Agenda February 18, 2025 11E. CONTRACT AWARD - COMPLETION OF GEOTECHNICAL ANALYSIS AND POLICY DEVELOPMENT FOR THE CITY’S LOCAL COASTAL PROGRAM, ACCEPTING RELATED GRANT FUNDING, AND FINDING THE PROJECT STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Staff Recommendation Adopt Resolution No. 25-19, which will: ..recommendation 1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) and 15378 (No Potential for Impact) of the State CEQA Guidelines. 2. Award a professional consulting services agreement to EnGeo, Inc. to conduct geotechnical analysis and policy development services. 3. Approve, and authorize the City Manager to execute, Contract No. C25- 10, by and between the City of San Clemente and EnGeo, Inc., providing for geotechnical analysis and policy development services, in an amount not to exceed $129,000. 4. Accept grant revenues in the amount of $129,000 to Account No. 001-000 -33446 (Coastal Grant Revenue). 5. Approve a supplemental appropriation of $129,000 to Account No. 001- 433-43695 (Professional Studies). 11F. CONTRACT AWARD - FY 2025 STREET REHABILITATION PROGRAM, APPROVAL OF A 10% PROJECT CONTINGENCY AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Staff Recommendation Adopt Resolution No. 25-20, which will: ..recommendation 1. Find the FY 2025 Street Rehabilitation Program, CIP Project No. 15325, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines. 2. Award the FY 2025 Street Rehabilitation Program, CIP Project No. 15325, contract to L.C. Paving & Sealing, Inc. 3. Approve, and authorize the City Manager to execute, Contract No. C25- Page 6 of 9 City Council Regular Meeting Agenda February 18, 2025 11, by and between the City of San Clemente and L.C. Paving & Sealing, Inc., providing for the FY 2025 Street Rehabilitation Program, in an amount not to exceed $899,621, in a form substantially similar to Contract No. C25-11 (Attachment 3). 4. Approve a 10% construction contingency of $89,962 for this project. 11G. NOTICE OF COMPLETION - RESERVOIRS 5A AND 10 CHEMICAL LINES IMPROVEMENT Staff Recommendation Adopt Resolution No. 25-21, which will: 1. Accept the Reservoirs 5A and 10 Chemical Lines Improvement, CIP Project No. 24404, from the contractor, Jennette Company, Inc. 2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Reservoirs 5A and 10 Chemical Lines Improvement. 3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Jennette Company, Inc. 4. Authorize the City Clerk to release the performance bond for these projects upon receipt of a warranty bond or bonds in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost. 11H. NOTICE OF COMPLETION - PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. MO1) WALL STABILIZATION AT GRANDE VISTA Staff Recommendation Adopt Resolution No. 25-22, which will: 1. Accept Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista, CIP Project No. 15007, from the contractor, BOSCO Constructors, Inc. 2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista. 3. Authorize the City Clerk to release the Payment Bond 30 days from the recordation of the Notice of Completion upon verification with the Page 7 of 9 City Council Regular Meeting Agenda February 18, 2025 Engineering Division that no liens have been levied against the contractor, BOSCO Constructors, Inc. 4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost. 12. Oral Communications (Part 2) Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff. 13. Future Agenda Items 14. Reports A. Commissions and Committees B. Council Subcommittee Updates C. City Attorney D. City Manager 15. Adjournment The next Regular City Council Meeting is scheduled to take place on March 4, 2025. Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. Page 8 of 9 City Council Regular Meeting Agenda February 18, 2025 CITY COUNCIL MEETING PROCEDURES PRESENTATION OF WRITTEN MATERIALS TO COUNCIL In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting. MEETINGS RECORDED AND TELEVISED City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website. Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule. USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request. LENGTH OF MEETINGS At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting. AMERICANS WITH DISABILITIES ACT Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. COMMUNICATION DEVICES To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode. MEETING SCHEDULE Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed. AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours. The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification. Page 9 of 9