Attachment 1Attachment 1 RESOLUTION NO. 26-154
Attachment 1
Attachment 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE LICENSE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA), AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE STATE CEQA GUIDELINES, SECTION 15301 (19 CCR SECTION 15301, EXISTING FACILITIES) WHEREAS, the City and OCTA entered into a License Agreement on June 30, 2003 in conjunction with the construction and maintenance of the Pedestrian Beach Trail and Bridges for a term of 20 years from Calafia to North Beach; and WHEREAS, in 2023, the City and OCTA entered into a new License Agreement with a one-year term and automatic renewals; and WHEREAS, due to a landslide in January of 2024 near Mariposa Point impacting railroad operations and damaging two spans of the City’s Pedestrian Trail Bridge, OCTA has taken the lead for constructing a debris catchment wall and a pedestrian trail (replacing the bridge); and WHEREAS, the City and OCTA wish to enter into a First Amendment to the License Agreement to clarify responsibilities, such as, ownership, maintenance and liability.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitals are true and correct and incorporated fully herein by reference.
SECTION 2. That based on a review of the record as a whole project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 of the state CEQA Guidelines, Section 15301 (19 CCR Section 15301, Existing Facilities) because it consists of maintenance of existing facilities.
SECTION 3. That the First Amendment to the License Agreement between the City and OCTA is hereby approved.
SECTION 4. That the City Manager is authorized and directed to execute the First Amendment to the License Agreement with OCTA in a form substantially similar to that presented to the City Council on September 15, 2026.
SECTION 5. That City staff is authorized and directed to take such other and further actions and execute such additional documents as may be necessary and proper to implement the project and accomplish the purposes of this resolution.
SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-154 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 26-154 Page 2