at least 24 hours before the reserved block. The group will be responsible to pay the green fees for any no-show players. The group will be charged the membership rate in effect on the day of the booking for all no-show players.
Golf Course staff or the Golf Starter reserves the right to periodically bump any group that does not pay the normal reservation fee from its regular time in favor of an outside tournament group. Tee time block reservations may be canceled at any time for any reason including a group's unsatisfactory use or violation of course policies.
Golf Clubs create a community at golf courses that allow for regular golfers to participate in tournaments, establish connections and friendships, and create healthy competition at local courses. Additionally, these type of clubs provide certain efficiencies for golfers who may not have a regular foursome but want to have a secure tee time on an ongoing basis. The Municipal Golf Couse has been home to the San Clemente Men's Golf Club ("Men's Club") since 1961 and, today, boasts a membership basis of over 800 players.
Staff have collaborated with the Men's Club to determine the preferred days and times for its regular use of the golf course. The details of use are outlined in Attachment 1.
Action: STAFF R ECOMMENDS THAT the City Council approve and authorize the City Manager to execute Contract No. __ related to a Memorandum of Understanding between the City and the San Clemente Men's Golf Club.
Attachments: San Clemente Men's Golf Club Memorandum of Understanding Agreement Notification: San Clemente Men's Club
2-15-22 I 6S -2
MEMORANDUM OF UNDERSTANDING
FOR SAN CLEMENTE MEN'S GOLF CLUB
THIS AGREEMENT is entered into this __ day of ____ , 2022 (the "Effective Date"), by and between the City of San Clemente, a municipal corporation ("City") and San Clemente Men's Golf Club, a non-profit foundation ("Men's Club") for a period of ten (10) years plus two (2) possible five-year extensions for a total of twenty (20) years from and after the Effective Date.
RECITALS:
WHEREAS, the City seeks to provide recreational opportunities for the residents of San Clemente that promote community engagement and connectivity; and WHEREAS, the City desires to encourage and promote organized activities by partnering with local not-for-profit organizations that utilize the parks and recreation systems within San Clemente; and
WHEREAS, the City owns, operates, and maintains a municipal golf course located at 150 Avenida Magdalena; and •
WHEREAS, on March 2, 2021, the City Counc:il of the City of San Clemente adopted Resolution number 20-71 entitled A'F,~ESOLUTIOl)J OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, ESTABLISHING CERTAIN OPERATING STANDARDS AND REG°LJLATIONS FOR PLAY UPON THE MUNICIPAL GOLF COURSE, in which Section 5 provides guidelines f?r local tee time block reservations; and WHEREAS, the Men's Club was estahli~hed in 1961 as an organization that would promote the .enjoyment of the game of golf among Club members through outings at the San Clemente Municipal Golf Course; c!nd
• WHEREAS, the Men's Club exists today with over 800 members, comprised of both San Clemente residents and non-residents; and
NOW, THEREFORE, ·in consideration of the mutual promises and undertakings herein contained, City and Me.n's Club wish to have an agreement as follows:
COVENANTS:
Based on the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, City and Men's Club hereby agree as follows:
1. Purpose. The purpose of this Agreement is to establish the terms and conditions under which the Men's Club will reserve golf tee times at the San Clemente Municipal Golf Course. The Men's Club utilizes the San Clemente Municipal Golf Course, located at 150 Avenida Magdalena, San Clemente, CA 92672, to host golf play for its members.
2. Term. The term of this Agreement shall be ten (10) years plus two (2) possible five-year extensions from the Effective Date the City Manager executes this - 1 -
2-15-22 I 6S -3
Agreement. Extensions shall be executed conjointly without lapse should both parties mutually agree to continue said Partnership.
3. Facility Space. City agrees to provide regular minimum monthly reservations as follows:
1st Wednesday, 2nd Saturday, and 3rd Friday, between 7:30 a.m. and 1 O a.m., or as determined by the Golf Starter and agreed upon by the Men's Club.
Men's Club sponsored tournaments, such as Team Play and South County Cup Team Play, shall also have the right to reserved tee times on dates and times mutually agreed upon by the Men's Club and the Golf Starter. Any additional tournaments or multiple-day championship events shall be considered on a caseby-case basis and coordinated through the G_olf Starter so long as it serves in the best interest of the golf course and is mutually beneficial to the Men's Club.
Green fee rates for tournaments shall -be based upon the resident status of the players.
4. Payment. Men's Club will pay the green fees applicable at the time of use. Men's Club agrees to guarantee the number of players they will provide at least 24 hours before the reserved block. The Men's Club will provide the list of each player to the Golf Starter. Any players who do not show up will be responsible to pay the green fees and a credit card on file will automatically b~_ cl)arged. No-show players will be charged the membership rate fr:i effect .on the day of the play. Rainchecks will be granted as needed qnd determined by the ·Golf _8tarte~; No charge shall occur in this scenario.
City shall have the right to assess green fees if Men's Club does not fulfill the guaranteed number of players exce'pt. in the circumstance that the Starter can mitigate the lost revenue of green fees by filling reserved tee times with other paying golfers, regardless of ry!en's Club membership status. If the Golf Starter is successful ih this mitigation then the City shall hold the Men's Club harmless. Any assessment shall be based on resident green fee rates.
5. Use· of the Facility. Scheduled use of the facility will be reviewed annually by golf staff and presented to · Golf Committee for approval. The Men's Club shall submit annual use requests for approval, prior to publishing their calendar, but no later than November 1st. Blocks of tee time reservations will be granted on a first come first serve basis with approvals granted based on the best interest of the Golf Course.
6. General Provisions.
a. Amendments. Either party may request changes to this Agreement. Any changes, modifications, revisions, or amendments to this Agreement that are mutually agreed upon by and between the parties to this Agreement shall be incorporated by written instrument, and effective when executed and signed by all parties to this Agreement.
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2-15-22 / 6S -4
b. Termination of Agreement. Either party may elect to terminate this Agreement with thirty (30) days' notice. The City reserves the right to terminate this Agreement due to a group's unsatisfactory use of the golf course or violation of course policies. Other instances of termination may include Force Majeure or an "act of God", changes in State or Federal laws, or other catastrophic and unforeseen circumstances beyond the control of the City.
The thirty (30) days' notice to terminate this Agreement must be accompanied by an offer to mediate the reasons underlying the termination.
The party initiating the termination must offer mediation to the other party before a termination can occur. The party offered the mediation has thirty (30) days . in which to accept the offer otherwise the termination will be effective on the 31st day after the notice to terminate was received by the party to be terminated. The cost of mediation shall be equally distributed between the two parties. The intent of the mediation, while not binding, is to determine if the two parties :can maintain their status as parties to this Agreement by continuing the Agreement which may be modified by the mediator's decision and the subsequent acc~ptance of that decision by both parties. •• • • •
c. Applicable Law. The ccmstruction, interpretation, and enforcement of this Agreement shall be g9v,!3rn·e,rby the Ia·w9 of the State of California. The courts of th~ State of California shaUhave ju·risdiction over any action arising out of this Agreement and o_ver the.parties.
d. Entirety of A~rkement. This Agre~ment, consisting of four (4) pages, represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, and agreements, • whether written or oral.·
e. Third-Party Beneficiary Rights. The parties do not intend to create in any other indivtdual or entity the status of a third-party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties, and obligations contained in this Agreement shall operate only between the parties to this Agreement, and shall inure solely to the benefit of the parties to this Agreement. The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement. The parties to this Agreement intend and expressly agree that only parties signatory to this Agreement shall have any legal or equitable right to seek to enforce this Agreement, to seek any remedy arising out of a party's performance or failure to perform any term or condition of this Agreement or to bring an action for the breach of this Agreement.
f. Notices. Correspondence shall be distributed by mail or electronic mail to the designated contact person. If to City, notification shall be delivered to the Beaches, Parks and Recreation Director; if to Men's Club, notification shall be delivered to the Board President. .
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2-1 5-22 I 6S -5
[End - signature page follows]
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2-15-22 I 6S -6
IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized representatives have executed this Agreement on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions as set forth herein.
ATTEST:
City Clerk of the City of
San Clemente, California
APPROVED AS TO FORM:
BEST, BEST, & KREIGER, LLP
City Attorney
- 5 -
"CITY"
CITY OF SAN CLEMENTE,
a municipal corporation
By: ____________ _
Its: City Manager
Dated: _______ ___ , 2021
"Men's Club"
SAN CLEMENTE MEN'S CLUB,
a non-profit foundation
By: _________ ___ _
Its: -------------
Dated: __________ , 2021
2-15-22 I 6S -7
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: February 15, 2022
Agenda Item 8 k
Approvals:
City Manager lfJ',, /ff
Dept Head ----,.
--- Attorney { : )
Finance ~
'--' W? ill MAM¥ ± H!WJ && UftffltHH tMfttti#ii i M ti
Department: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks and Recreation Director Subject: MUNICIPAL GOLF COURSE HOLE #16 BLUE TEES
Fiscal Impact: Yes. The purchase and installation of a new tree is estimated at $25,000 with prevailing wage.
Summary: Staff and the Golf Course Committee recommend that Council approve a supplemental appropriati_on of $25,000 for the purchase and installation of a tree on the blue tees at Hole #16. The purpose of the tree is to provide additional protection from errant balls to surrounding homes.
Background: In December 2021, golf course maintenance staff performed a reconstruction of the blue tee box on Hole #16 in response to concerns raised by surrounding residents related to errant balls.
At its December 21, 2021 meeting, the City Council directed staff to close the tee box and return to Council with additional details relative to the pros and cons of moving the tee box, the possibility of planting an additional tree, and CIP cost estimates to install netting.
At its February 3, 2022 meeting, the Golf Course Committee reviewed a staff report that considered possible options to mitigate errant balls at the Hole #16 blue tees.
Discussion: The blue tees are typically used by golfers who have a low handicap and for local or club championship play in tournaments. The San Clemente Men's Golf Club uses these tees for its regular tournaments held three times per month. The Men's Club currently has over 800 members who play the course. With the temporary closure of the blue tee box, the Starter's Office has received complaints about the change in the play of Hole #16.
The Golf Committee considered three different options for mitigation: (1) installation of a tree; (2) relocation of the tee box; (3) and installation of a fence or netting.
1. Plant a tree. The installation of a new tree is proposed adjacent to the existing Italian Stone Pine Tree at the blue tees tee box (Attachment 1 ). The proposed location is approximately 30 feet behind the existing Stone Pine in the canyon.
Staff recommends planting a 35-foot Canary Island Pine tree for this project. This species of tree is tall with a thick canopy to better catch balls that may be on an Golf Agenda Report 2-1 5-22 I 8A-1
Agenda Report
Recommended
Page2
upward trajectory. The estimated cost for acquisition and installation is $25,000.
Staff and the Golf Course Committee recommend this option.
2. Install a net. The installation of a fence or netting is estimated at $50,000-$75,000 depending on the size and placement. This option would require a golf ball trajectory report to be completed at an estimated cost of $5,000. A trajectory study would provide insight into determining the appropriate height and footprint of a netting system. A project of this scope is estimated to take up to a year to complete.
This option is not recommended.
For reference, the course currently has netting and/or fencing in the following areas:
• Hole #3; netting at Ladies Tee
• Hole #7; fencing surrounding parking lot
• Hole #8; netting on right side of the fairway
• Hole #12; fencing right of the tee box
• Hole #13; netting left of the tee box·
3. Relocate the tee box. Relocating the tee box is not recommended at this time due to unknown and possible unintended co~sequences of relocation. Due to the temporary closure of the tee box, the blue tees have been relocated behind the existing gold tees. During the closure period, it has been noted that the temporary location of the blue tees has impacted Hole #17 players while on the fairway with balls landing on the fairway. Furthermore, individuals teeing off from the temporary blue tees are unable to see golfers further down the fairway on Hole #16 causing a safety concern for golf groups. Staff recommends this type of action be considered through a future golf course master plan update which would provide for a golf course architect to expertly opine on feasible options of relocation.
Action: STAFF AND THE GOLF COURSE COMMITTEE RECOMMENDS THAT the City Council approvea supplemental appropriation in the amount of $25,000 to Golf Course Maintenance account #056-661-43426 (Maintenance of Trees) for the purchase and installation of a tree on the blue tees at Hole #16.
Attachments: Proposed location of the tree
Notification: Interested Parties
Dave Cook Pro Shop
San Clemente Men's Golf Club
2-15-22 / BA-2
ATTACHMENT 1
EXITING TEE BOX WITH RECONSTRUCTION COMPLETE.
PROPOSED LOCATION OF NEW TREE.
Approximately 3()-feet b~hind the existing Italian Stone Pine/ 2-15-22 I 8A-3
ATTACHMENT 1
The area in the canyon where the tree it to be planted.
A 35-foot Canary Island Pine tree has been selected for this project. It is tall and possesses thick enough foliage to catch balls while they are on their upward trajectory. 2-15-22 I BA-4
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: February 15, 2022
Agenda Item ~t\__
Approvals:
City Manager i,b
Dept. Head ~
Attorney CJ
Finance
EE±H&&i?¥i5¥¥&&&i%W?&i:Mi¥4Y 11 ,uwora i@iil +;;;;a;g;.@ W¥414N4ii, IM4ii#i+li et ·t ;a -t• swam weeaes e Department:
Prepared By:
Subject:
Public Works / Engineering Division
Saeedeh Farivar, Senior Civil Engineer -Traffic
Kiel Koger, Public Works Director/ City Engineer
TRAFFIC ANALYSIS FOR VIA SAN GORGON/0
Fiscal Impact: None.
Summary: After receiving a resident complaint about speeding and pedestrian safety issues on Via San Gorgonio, the City Council directed staff at the November 2nd Council meeting to review and complete a traffic study in this area.
Via San Gorgonio is a two-way residential street providing access from Avenida Vaquero to San Gorgonio Park and to Calle Vista Torito. As shown in Attachment 1, San Gorgonio Park is located in the southeast corner of Interstate 5. Via San Gorgonio Street is about 40 feet wide from curb-to-curb with residential homes fronting the west side of the street and San Gorgonio Park fronting the east side of the street. Parking is permitted on both sides of the street and the roadway geometry includes small horizontal curves in addition to a steep grade. The posted speed limit is twenty-five (25) miles per hour.
City staff met with a local resident on November 19, 2021, to discuss a number of traffic related concerns. The primary concern was speeding on Via San Gorgonio.
Safety concerns for pedestrians walking in the street due to lack of sidewalk on east side of the street was also discussed. City staff reviewed the residents' concerns and conducted a traffic analysis to:
• Identify potential traffic calming improvements including the installation of speed humps
• Conduct a crosswalk warrant analysis at the intersection of Via San Gorgonio and San Gorgonio park entrance
Via San Gorgonio Traffic Calming Improvements
Traffic counts and speed survey were collected during a peak period in November 2021 and when the park was hosting a pickleball tournament. Based on the criteria outlined in the City's Traffic Calming Policy, Speed Hump Policy and Resource Manual, Via San Gorgonio did not satisfy the minimum point score to qualify for traffic calming treatments or speed humps. The speed survey found the 85th percentile speed to be 25.4 mph and therefore, staff does not recommend installation of speed Public Works Agenda Report
2-15-22 / 9A-1
Agenda Report Page2
humps based on the speed survey, lack of adequate visibility, and steep grade along the street.
Based on the City's approved crosswalk policy, the intersection of Via San Gorgonio at the park entrance did not satisfy the marked crosswalk warrant. Even at busy hours of park usage, only a few pedestrians appeared to cross the street in both directions.
According to the warrant analysis as well as lack of adequate visibility, staff does not recommend installation of marked crosswalks at the suqject location.
Nevertheless, as a neighborhood traffic rnanagernent rneasure, staff recommends striping an edge~line to. designate parking lanes on both ·sides of the street (see Attaphment2). This improvementwill narrow the travel lanes inducing drivers to lower their speeds as Well as improving safety for pedestrians. Upon City Council approval, staff will combine the constructioh of this traffic calming improvernemt with another street rehabmtatlon Project. -
Proposed Parking Prohibition on San Gorge>nio Park Entrance $taff also received a request from a resident to.establish a no-parking zone on both sides of the park entrance. The park drive aii;,le is ,32 feet wide curb to curb and there is concern that vehicles parked on both sides of park entrance limit the width of the travel ,lane. Drivers are forced to break and wait for the cars in the opposite direction to pass or swerve into oncoming traffic. These conditions can lead to a 'potential increase in roacf accidents. Staff reviewed the purn:mt site conditions and recommends prohibiting parking on the south side of the entrance to frt vehicles traveling in both directions as well as improving road safety. Prohibiting parking for 138 feet would result in the loss of approximately six parking spaces {see Attachment 2). Staff also .recommends painting red curb on the north side of the entrance from the curb return easterly 44 feet to the speed bump location. Adequate parking spaces are available on-site and within the remainder of the neighborhood, as confirmed by several field visits conducted by staff duting busy hours of the park.
The resident also had a concern that vehicles parking on the east side of Via San Gorgonio up tp its intersection with the park entrance is hindering the line of sight, making exiting from the park difficult Staff reviewed fiekJ conditions and confirmed that the visibility is difficult at this location due to a combination of vehicles parked close to and beyond the curb return coupled with the presence of a horizontal curve north c1nd south of the park entrance. Installing 20 feet of red curb on the east side of Via San Gorgoriio1 north and south of the park entrance, will improve the line of sight l:lt this location. The proposed parking prohibition would eliminate approximately two on-street parking spaces (see Attachment 2). •
The resolution to enable the proposed parking restriction is provided in Attachment 3. 2-15-22 I 9A-2
Agenda Report Page3
Recommended
Acfion: STAFF RECOMMENDS THAT the City Council:
1. Approve staff recommendation of traffic calming measure on Via San Gorgonio
2. Prohibit parking on the south side of San Gorgonio Park entrance , from the curb return easterly 138 feet; and on the north side from the curb return easterly44 feet;
3. Prohibit parking on the east side of Via San Gorgonio, from the northeast curb return of the park entrance northerly 20 feet; and from southeast curb return of the park entrance southerly 20 feet; and
4. Adopt Resolution No . ..-,---• entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMEN'fE, CALIFORNIA, AMENDING MASTER TRAFFIC RESOLUTIONNO.1846, ESTABLISHING 'NO PARKING AREAS' ON SAN GORGONIO PARK ENTRANCE;"
Attachments: 1. Vicinity Map
2. Improvement Exhibit
3. Resolution
Notification: A notice of intention to cohsider the staff recommendations was distributed to residents on Via San Gorgonio.
\\cl\data\cd\engineieiring\secure\admin\2022\2-15\2-15-~2-3r.dcic~
SHORECLIFFS
GOLF
COURSE
VICINITY MAP
Vl1A SAN GORGONIO
TRAFFJC ANAL YtS
2-15-22 I 9A-4
LEGEND:
ATlACHMENT 2
PROPOSED NO-PARKING ZONE
PROPOSED 4" WHITE EDGELINE
I I I I I I .c EXISTING NO-PARKING/ RED CURB
City of San Clemente
San Clemente, CA 92873
Tel (941>) 361-6118
l'MPROVEMENT EXHIBIT
Vl'A SAN GORGONIO
TRAFFIC ANAL YliS
2-15-22 I 9A-5
ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING 'NO
PARKING AREAS' ON SAN GORGONIO PARK ENTRANCE,
WHEREAS, the City reviews various locations to improve safety and traffic conditions; and
WHEREAS, the City of San Clemente City Council ("City Council''), at its regular meeting of November 2, 2022 directed staff to review the traffic conditions on Via San Gorgonio; and
WHEREAS, the City Council has considered the recommendation and tile information provided by City staff and now wishes to implement the recommended parking prohibitions.
NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:
Section 1. The above recitals are true and correct.
Section 2. The Master Traffic Resolution No. 1846. Section 23, entitled "No Parking Areas", ls hereby amended by adding the following subsections:
23.s..;5e San Gorgonio Park entrance, south side, from Via San Gorgonio curb return easterly 138 feet; .and on the north side from the curb return easterly 44 feet.
23.s-Bf Via San Gorgonio, east side, from the northeast curb return of San Gorgonio Park entrance northerly 20 feet; and from the southeast curb return of San Gorgonio Park entra,nce southerly 20 feet
Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book oforiginal resolutions.
2-15-22 / 9A-6
Resolution No. Page 2
PASSED AND ADOPTED this __ day of ______ _, __ _
ATTEST:
City Clerk of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OJ= ORANGE'. ) §
CITY OF SAN CLEMENTE )
Mayor of the City of
San Clernente, California
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. ____ 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 WHEREOt=, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this __ day of ____ __,. _ _, --- Approved as to form:
City Attorney
CITY CLERK of the City of
San Clemente, California
i:\cd\engineering\secure\admin\2022\2-15\att 3r\att 3 -- reso san gorgonio park no-parking.docx 2-15-22 / 9A-7