4. Consultant to prepare and distribute notice of determination.
Upon completion of the environmental analysis, staff will bring the findings and master plan site update to Council for final approval.
Action: STAFF RECOMMENDS THAT the City Council Approve, and authorize the City Manager to execute Contract _ __ , by and between the City of San Clemente and UltraSystems Environmental Inc., providing for professional consultant services in connection with the park master plan update for Richard T. Steed Memorial Park, in the amount of $51,570.
Attachments: Professional Services Agreement with UltraSystems Environmental Inc.
Notification: UltraSystems Environmental Inc.
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CITY OF SAN CLEMENTE
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this __ day of ____ , 20_, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and UltraSystems Environmental Inc., a corporation in California, with its principal place of business at 16431 Scientific Way, Irvine, CA 92618 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional environmental consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional environmental consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional environmental consulting services for the Richard T. Steed Memorial Park/Baron Von Wi llard Dog Park Master Plan Update project ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Term.
The term of this Agreement shaiJ commence on the Effective Date, and shall continue and remain in effect until June 7, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor: Control and Payment of Subordinates. . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
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this Agreement. Any additional personnel performing the Services under this Agreement on ( behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant's authorized signature and professional registration number.
3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].
3.2.6 City's Representative. The City hereby designates Samantha Wylie, Beaches, Parks & Recreation Director or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.7 Consultant's Representative. Consultant hereby designates Betsy Lindsay, President/CEO or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full 2 55452.01100131193624.5
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to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
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3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant's ( expense all insurance specified in Exhibit "C" attached hereto and by this reference incorporated herein. Consultant shall require al l subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed fifty-five thou~and dollars ($55,000) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit "D" may be adjusted each year at the time of renewal as set forth in Exhibit "D."
3.3.6 Labor Code Requirements.
3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1 ,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or 4 55452.01100\31193624.5
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alleged failure to comply with the Prevailing Wage Laws.
3.3.6.2 Registration. If the Services are being performed as part of an applicable "public works" or "maintenance" project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771 .1.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.5.1 .3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
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UltraSystems Environmental Inc.
16431 Scientific Way
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City:
Irvine, CA 92618
ATTN: Betsy Lindsay, President/CEO
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Samantha Wylie, Beaches, Parks & Recreation
Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents 6 55452.01100\31193624.5
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(
from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification.
3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.5.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
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3.5.11 Successors and Assigns. This Agreement shall be binding on the ( successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3. 5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3. 5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3. 5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business 8 55452.01100131193624.5
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Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.
ATTEST:
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
BEST BEST & KRIEGER
City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
Finance Authorization
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CITY OF SAN CLEMENTE
By: _____________ _
Its:
-------------
Dated: _________ , 20 __
("CONSUL TANT")
By: ___________ _
Its: -------- ----
Dated: ________ , 20 __
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EXHIBIT "A"
SCOPE OF SERVICES
MAJOR TASK 1.0: PROJECT INITIATION
Task 1.1 - Project Kick-Off Meeting. UltraSystems' assigned Project Director, Betsy Lindsay, MURP and Project Director and Michael Milroy, MS, Project Manager will attend one (1) project kick-off meeting with the City Staff. Due to Covid, this meeting may be conducted via Zoom versus in-person.
UltraSystems will be responsible for taking the minutes of the meeting and distributing those minutes to City staff and any other persons/entities deemed appropriate by the City. The purpose of the orientation meeting is to: (1) introduce the key participants in the environmental review process; 2) establish lines of authority and the chain of command (3) review and verify the project schedule with all parties; (4) review and verify all project deliverables with all parties; (5) receive all technical studies, along with any other materials the City deems pertinent to the project; and, (6) verify project communication and data/document transfer protocols. We assume that the City will provide us with the following plans and technical studies:
Geotechnical Investigation Report
• Hydrology Study
Preliminary Water Quality Management Plan (WQMP)
Landscape Plan (in final form)
Renderings
Task 1.2 - Progress Meetings, Public Hearings and Project Management/Coordination.
This Task facilitates the project management functions of our Project Manager. Efforts would include but not necessarily be limited to: coordinating with the City, sub-consultants and any other entities the City deems appropriate; monitoring and controlling labor and other direct costs; monitoring Task execution and completion per the plan; and the preparation of routine correspondence to the City.
This Task also facilitates the attendance by our Project Manager at two (2) face to face progress meetings with City Staff. Typically, these will be scheduled after submittal of a key document. In addition, This Task also facilitates attendance and participation by our Project Manager at two (2) public hearings (Planning Commission and City Council). We have also provided time in the budget for a weekly conference call with City staff throughout the contract performance period.
Task 1.3 - Prepare Project Description. Based on information provided by the Project Applicant and/or the City, UltraSystems will prepare a Project Description in full compliance with the content provisions set forth in § 15124 of the State CEQA Guidelines, as amended. The Project Description will graphically and textually identify the location and boundaries of the Proposed Project on both an area-wide and local basis. The Project Description will then identify the objectives of the Proposed Project and follow that with a discussion of the Project's technical, economic and environmental characteristics including principal engineering proposals and supporting public service facilities. The Project Description will describe entitlements requiring approval for the proposed project to be implemented.
UltraSystems will submit a draft Project Description to the City for review and comment and then prepare a Final Project Description pursuant to any comments or edits made by the City.
UltraSystems will then use the Final Project Description as the basis for environmental analysis for the proposed project.
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MAJOR TASK 2.0: BACKGROUND DATA COLLECTION/PREPARE TECHNICAL STUDIES Task 2.1 - Background Data Collection/Evaluation. For those issues in the Initial Study requiring evaluation but for which no technical study will either be prepared or made available by the project applicant, UltraSystems will conduct a literature search and field visit to document existing conditions on the Project Site and surrounding area. Sources of data to be used in this analysis include, the City's General Plan and its attendant Program EIR, interviews and/or responses to service/utility letters of inquiry, CEQA compliance documents prepared for other projects in the immediate area, among other items.
In addition to the foregoing , The UltraSystems Project Team will prepare the following technical assessments: 1) Air Quality and Greenhouse Gas Emissions Assessment; 2) Cultural Resources Records Search; 4) Noise Impact Assessment; and 5) Traffic Impact Analysis. UltraSystems will also obtain a Vertebrate Paleontology Overview from the Los Angeles County Museum of Natural History.
UltraSystems is also proposing a Phase I Environmental Site Assessment as an Optional Task.
Task 2.2 - Air Quality and Greenhouse Gas Emissions Impact Assessment. An air quality technical assessment would be prepared to establish existing conditions and assess the potential environmental effects of the Project. Existing conditions would be established by assessing ambient air quality monitoring data available during the past three years from the regional Air Quality Management District (AQMD), California Air Resources Board (CARB), and U.S. Environmental Protection Agency (EPA) for the nearest monitoring station(s) to the project site. The influence of area topography and meteorology on attainment of federal and California ambient air quality standards (AAQS) will be evaluated. The assessment would identify: (1) existing and reasonably foreseeable sensitive receptors near the Project site or near roadway/intersections that could be affected by Project traffic and stationary source emissions, and (2) existing major sources of air pollutants in the Project vicinity, including sources of toxic air contaminants and odorous emissions.
Using CalEEMod version 3016.3.2 and information from the traffic assessment, UltraSystems will estimate criteria pollutant and greenhouse gas (GHG) emissions from Project construction and operation. Criteria pollutant emissions will be compared with published significance thresholds. Where significant impacts are identified, mitigation measures in the form of equipment use, transportation provisions, energy efficiency, and other measures would be recommended to reduce or avoid potential Project-specific or cumulative impacts on air quality and/or greenhouse gases to less than significant levels. Effectiveness of the mitigation measures would be quantified, and compared to significance thresholds, to the extent practicable.
Task 2.3 - Cultural Resources Records Search. A literature and records search will be conducted at the local South Central Coastal Information Center at California State University, Fullerton, and other information repositories. This prehistoric and historic archaeological literature and record review will include cultural technical reports, site records, previous assessments, historic USGS topo maps, and related cultural and historical documentation to identify cultural resources within the Area of Potential Effect (APE). The Native American Heritage Commission (NAHC) will be contacted to request a search to identify culturally significant sites in their Sacred Lands File, if any, and obtain a list of Native American tribes, organizations and interested individuals that should be contacted to provide information on culturally important sites within the one-half mile Area of Potential Effect (APE).
The Records Search findings will be discussed in the Initial Study Cultural Resources section; 12 55452.01 100131193624.5
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the section will also provide recommendations for avoidance or preservation of cultural resources that may be encountered during construction or other Project activities, and provide mitigation measures to protect and preserve cultural resources in compliance with CEQA and local standards if avoidance is not feasible.
Task 2.4 - Noise Impact Assessment. UltraSystems will document existing ambient noise levels at the property line and along roadway segments that could be affected by the proposed Project. Ambient noise levels would be measured using a Quest Technologies, SoundPro, DL1-1 /3 noise meter that satisfies standards outlined in American National Standard Institute (ANSI) S1 .13-1995 (standard measurement of sound pressure levels in Air). Current and future traffic noise levels along studied roadway segments without and with the Project will be estimated using Federal Highway Administration (FHWA) Traffic Noise Model (TNM®), Version 2.5.
Noise levels generated by construction activities will be calculated for each phase of development. UltraSystems has substantial experience with calculating noise levels from all phases of construction, including any type of trenching, site preparation, excavation, and framing for any structures. When data are available, UltraSystems will obtain information on the length of each phase of construction and the types and numbers of pieces of equipment to be used.
Otherwise, equipment requirements and scheduling on the basis of our past experience and our in-house library of noise emissions characteristics of most types of construction equipment will be used. The significance of construction noise exposures will be determined by comparing absolute levels with standards in the noise element of the local general plan and municipal code, or by comparing increases in exposure with other relevant criteria.
UltraSystems will determine the potential for buildout of the proposed project to cause a substantial permanent noise increase above levels without the project at the property line, near any sensitive receptors, and along studied arterial roadways. Consideration will be given to both point (stationary) and non-point (mobile) noise sources. Predicted noise levels will be compared to adopted thresholds and goals, policies, and objectives in local general plan, municipal code or other relevant criteria. Conclusions will be drawn as to whether any potential increase would represent a significant impact requiring mitigation. Measures will be recommended as needed to mitigate the impacts of the project. An evaluation of the effectiveness of potential mitigation measures will also be provided.
Task 2.5 - Paleontological Resources Assessment. The project would involve deeper excavations t_han were done for paving the site; thus, project development could affect buried paleontological resources. UltraSystems will contact The Los Angeles County Natural History Museum (LACM) to request previously recorded paleontological resources for the project site and vicinity. A field survey is unnecessary, as the entire site is paved and surface soil conditions are not visible. The Paleontological Overview from the LACM will be discussed in the Initial Study and will be included as an appendix to the Initial Study.
Task 2.6 - Traffic Impact Analysis. The scope of work detailed below will be in compliance the City guidelines set forth by the California Environmental Quality Act (CEQA), the City of San Clemente, Public Works requirements.
Task 2.6.1 - Trip Generation Memorandum. A trip generation will be prepared for the proposed project using the ITE Trip Generation Manual, 11th Edition. The proposed trips will be converted to passenger car equivalents (PCE) using the Southern California Air Quality Management District's recommended truck mix by axle type vehicle mix calculations or an equivalent standard.
A draft trip generation memorandum will be completed on official letterhead for the City to review.
If the City has any comments on the memorandum, the trip generation wi ll be adjusted 13 55452.01100\31193624.5
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accordingly before the submittal of a final PDF to the City.
Task 2:6.2 - VMT Screening Level Analysis. If upon completion of the trip generation memorandum, it is determined that the proposed park Master Plan Update will require a vehicle miles traveled (VMT) analysis per CEQA guidelines. The VMT analysis will include the following:
Screening: The proposed project will be screened per the County of Orange's screening requirements for non-retail project trip generation. If this threshold is exceeded, then further analysis will be required to determine impact.
Impact Criteria: Based on the County's guidelines, this usage would fall under Office, Manufacturing, or Industrial Projects. The County defines the following impact thresholds to determine significance.
Task 2.6.3 - Develop Project Mitigations. If it is determined that significant impacts are created by the proposed project, potential mitigation measures for a development project's VMT impacts will be proposed per the County's recommended transportation demand management (TOM) strategies.
MAJOR TASK 3.0 - INITIAL STUDY/MITIGATED NEGATIVE DECLARATION (IS/MND) AND
MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
Task 3.1 -Administrative Draft Initial Study. UltraSystems will prepare an Administrative Draft IS pursuant to the requirements of CEQA § 21080 and §§ 15060 through 15065 of the State CEQA Guidelines, both as amended. Based on our review of other similar documents previously prepared for the City, the Admin. Draft IS will open with an introduction that: identifies what the document is, explains CEQA, and then the role it plays in the environmental review process.
Next, the document will describe the proposed project. The project description will be followed by a page identifying what determination the City (as Lead Agency) has made regarding the significance of the effects attributable to the proposed project.
As mentioned previously, the City has already preliminarily determined that the proposed project is unlikely to yield environmental impacts which cannot be mitigated to less than significant levels. Our firm agrees with the City's preliminary determination at this time. The next section of the Administrative Draft IS contains the environmental review of the proposed project. This environmental assessment portion of the Adm in. Draft IS patterned after State CEQA Guidelines Appendix G.
Assuming that the City's current preliminary determination holds, the information developed in the IS will serve as substantial evidence that supports a preliminary conclusion that: (1) the project would not produce a significant effect on the environment, and a Negative Declaration (ND) may be issued, or (2) the project would not produce a significant effect on the environment provided that recommended proposed mitigation measures are implemented, and a Mitigated Negative Declaration (MND) may be issued. It is noted that the environmental assessment portion of the Admin. Draft IS will be based on a combination of the technical studies identified in previous Major Task 2.0, information obtained while engaging in previous Task 2.1, other technical studies, applicant provided information, and other informational sources. Upon completion, the Admin. Draft IS will be submitted to the City for review and comment.
Task 3.2 - Administrative Draft MND and Mitigation Monitoring and Reporting Program MMRP. UltraSystems would use the Initial Study as the basis for preparation of the Screencheck Draft MND. Mitigation measures would be selected to avoid or reduce potential environmental 14 55452.01100131193624 5
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(
impacts to less than significant levels, where feasible. UltraSystems will also prepare a draft Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP will specify: (1) the responsibility for implementation; (2) the timing for implementation; (3) the mechanisms of monitoring activities, including the frequency, contact and format for reporting requirements; and (4) the content, requirements and ultimate disposition of a Final MMRP. Upon completion, UltraSystems will submit the administrative draft IS/MND and MMRP to City staff for review and comment.
Task 3.3 - Draft Initial Study, Draft MND and Draft MMRP. Upon receipt of City comments on the Administrative Draft Initial Study, Administrative Draft IS/MND, and Administrative Draft MMRP, UltraSystems will make the appropriate revisions and then resubmit the revised documents for final City approval and permission to notice, print and circulate the Draft IS/MND/MMRP document.
Task 3.4 - Notice and Circulate Draft IS/MND/MMRP. UltraSystems will work with the City to compile the distribution list for the Draft IS/MND. UltraSystems will identify Local, Responsible and Trustee agencies defined in CEQA Guidelines §§ 15381 and 15386, and will consult with each, as appropriate, to satisfy Public Resource Code (PRC) § 21080.3 and CEQA Guidelines § 15063(g). UltraSystems will submit the draft distribution list to the City for review and comment.
UltraSystems will also prepare a master copy of the Public Draft IS/MND/MMRP for reproduction.
UltraSystems will coordinate the production of copies for public distribution and deliver the environmental document (IS/MND/MMRP) to the State Clearinghouse. UltraSystems wil l complete the following tasks on behalf of the City.
Prepare and distribute a Notice of Intent to Adopt an MND (NOi) to the County Clerk and State Clearinghouse to announce the 30-day public review period as required by Public Resources Code § 21091 {b) and CEQA Guidelines § 15073(a). UltraSystems will send the NOi by certified mail or Federal Express to verify receipt. UltraSystems will also post the NOi in a local paper of general circulation.
Prepare and distribute a Notice of Completion (NOC) which will also serve as the environmental document transmittal form to all recipients of the NOi, public review Draft IS/MND/MMRP, NOi, and Draft MMRP.
Mail up to 25 required notices to affected agencies and interested persons or stakeholders.
Mailings will be via certified mail (return receipt requested). Proof of delivery will be assembled, and provided to the City to document compliance. The NOi will indicate the final day for accepting written comments.
MAJOR TASK 4.0 - FINAL IS/MND, MMRP AND NOTICING
Task 4.1 - Response to Comments. UltraSystems will prepare responses to environmental comments received on the Draft IS/MND/MMRP. UltraSystems would review the content of the letters to determine the nature and extent of the comments received. We have assumed a level of effort on response to comments commensurate with a relatively low amount of public comments. UltraSystems will prepare responses for up to twenty environmental comments received on the Draft IS/MND/MMRP. The RTCs would be provided to the City, and after receiving one set of consolidated comments from the City, the RTCs would be finalized.
Task 4.2 - Final IS/MND/MMRP. UltraSystems will prepare the final IS/MND/MMRP that will include revisions to the Draft IS/MND/MMRP based on comments received. If required, UltraSystems will assist the City in soliciting and incorporating the views of Responsible 15 55452.01100\311 93624.5
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Agencies regarding the scope and effectiveness of the monitoring and reporting program and • ( finalize the MMRP.
Task 4.3 - Prepare and File Notice of Determination. UltraSystems will draft a Notice of Determination for City Staff review prior to the final City Council hearing on proposed project.
Within 5 working days of IS/MND/MMRP approval, UltraSystems' staff will post the NOD with the Office of the County Clerk. The Payment of County Clerk filing fees ($75) necessary to file the NOD with the County Clerk and be reimbursed by the City. The City assumes that the project will qualify for a No Effect Determination (NED) from the California Department of Fish and Wildlife; UltraSystems agrees, since the site is paved. UltraSystems will assist the City with preparation of an application for an NED. A copy of the NOD will also be sent to the State Clearinghouse.
OPTIONAL TASK
Phase I Environmental Site Assessment
UltraSystems would retain Citadel EHS to conduct a Phase I Environmental Site Assessment (ESA) of the project site. The ESA would adhere to the standards set forth in American Society for Testing and Materials (ASTM) E-1527-1 3, Standard Practice for Environmental Site Assessments, and the All Appropriate Inquiry (AAI) Rule published in 40 CFR Part 312 (November 1, 2013). The ESA would consist of the following tasks:
Perform a building walk around to identify any obvious visual signs of on-site contamination, and investigate adjacent land use for possible source(s) of contamination; Review pertinent, readily available documents and maps regarding geologic and hydrogeologic conditions for the Site;
Review, interpret, and provide copies of available historical aerial photographs of the Site and vicinity;
• Review U.S. Environmental Protection Agency (EPA), State, County, and local lists of known potential hazardous waste sites or landfills, and sites currently under investigation for environmental violations;
• Review results from a search of available current land title records for environmental cleanup liens and other activity and use limitations, such as engineering controls and institutional controls;
• Conduct inquiries with applicable State, County, and Municipal regulatory agencies for information regarding building or environmental permits, environmental violations or incidents, and/or status of enforcement actions at the Site; • Conduct interviews with key personnel to evaluate site history, site operations and maintenance procedures, waste stream generation, and presence of above ground and underground storage tanks, (ASTs/USTs), polychlorinated biphenyls (PCBs) in light ballasts, transformers, capacitors, and hydraulic systems; and • Prepare a summary of findings. The summary of findings shall include a project narrative, illustrations, copies of applicable historical aerial photographs, topographic maps, fire insurance maps, Site vicinity photographs, regulatory database search results, telephone logs, and/or copies of pertinent building permits.
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Following is a table depicting our contractual deliverables to the City organized by major Work Program Task.
SCOPE OF WORK PROGRAM - DELIVERABLES MATRIX BY MAJOR TASK MAJOR TASK 1.0 - PROJECT INITIATION • One (1) electronic copy in pdf of kickoff meeting minutes.
• One (1) electronic copy in pdf format each of
the draft and final project description.
MAJOR TASK 2.0- BACKGROUND DATA • No separate deliverables; the findings of the COLLECTION/ PREPARE TECHNICAL cultural resources records search and the STUDIES traffic impact assessment will be discussed in
the relevant sections of the initial study.
MAJOR TASK 3.0 - INITIAL STUDY, • One (1) printed and one (1) electronic copy in MITIGATED NEGATIVE DECLARATION MSWord and PDF each of the administrative AND MITIGATION MONITORING AND draft initial study and draft initial study.
REPORTING PROGRAM • One (1) electronic copy in pdf each of the draft and final NOi and NOC
• Certified mail receipts for those notices sent
agencies, stakeholders and others who may
have requested to be notified
MAJOR TASK 4.0 - FINAL • One (1) electronic copy each in MSWord and IS/MND/NOTICING PDF of the admin. Draft and final response to comments
• One electronic copy each of the draft and
final NOD
OPTIONAL TASK (Phase I Environmental • One (1 ) electronic copy of draft phase i ESA Site Assessment) report; one (1) electronic and 1 printed copy of final phase I ESA report
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TASK
NO.
1.0 1.1
1.2 1.2
1.2 1.3
2.0 2.1
2.2 2.3
2.4 2.5
2.6 2.7
EXHIBIT "B"
SCHEDULE OF SERVICES
TASK NAME
PROJECT INITIATION
Project Kick-Off Meeting
Progress Meetings
Public Hearings
Project ManagemenUCoordination
Project Description
BACKGROUND DATA COLLECTION/TECHNICAL STUDIES
Background Data Collection/Evaluation
Air Quality/Greenhouse Gas Emissions Impact Assessment
Cultural Resources Record Search
Noise Impact Assessment
Paleontological Resources Assessment
Traffic Impact Assessment
OPTIONAL TASK: Phase I Environmental Site Assessment
TASK CUMULATIVE
DURATION DURATION
(WEEKS) /WEEKS)
0.1 < 1
Continuous Continuous
n/a n/a
Continuous Continuous
3-4 3-4
2-3 4-6
2 12
12 14
2 12
12 14
4-6 10
4 TBD
3.0 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION/MITIGATION MONITORING & REPORTING
PROGRAM
3.1 Administrative Initial Study 4-6 17
3.2 Administrative Draft MND/EA and MMRP 2 19
3.3 Draft IS/Draft MND/ENDraft MMRP 4 23
3.4 Notice and Circulate Draft IS/MND/MMRP < 1 24
4.0 FINAL IS/MNDEA/MMRP AND NOTICING
4.1 Response to Comments 2 26
4.2 Final IS/MND/MMRP 2 28
4.3 Prepare and File NOD TBD TSO
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EXHIBIT "C"
INSURANCE REQUIREMENTS
3.2.12 Insurance. (CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE
3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.
3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1 ,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1 ), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1 ,000,000 combined limit for each occurrenceWorkers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(C) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
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( 1) Additional Insured: The City, its officials, officers, ( employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions·contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
( 1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of' the insured and include a provision establishing the insurer's duty to defend.
3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
3.2. 12.7 Waiver of Subrogation. Al l policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
3.2.12. 9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
3.2.12.1 0 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.
3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
3.2.12.12 Enforcement of Agreement Provisions (non estoppel).
Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.
3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 55452.01100\31 193624.5
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volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an • ( endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with ·all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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TASK
NUMBER
EXHIBIT "D"
COMPENSATION
TASK NAME FEE($)
1.0 Project Initiation, Project Management, Coordination, Project Description
1.1 Project Kick-Off Meeting $1,440
1.2 Progress Meetings, Public Hearings, Project $1 ,940 Management/Coordination
1.3 Project Description $2,170
2.0 Background Data Collection Prepare Technical Studies
2.1 Background Data Collection and Evaluation $2,260
2.2 Air Quality/GHG Emissions $8,450
2.3 Cultural Resources Records Search $4,450
2.4 Noise Impact Assessment $5,880
2.5 Paleontological Records Search $460
2.6 Trip Generation Memorandum and VMT Assessment $5,610
3.0 Initial Study, Mitigated Negative Declaration Environmental Assessment, Mitigation Monitoring and Reporting Program
3.1 Administrative Draft Initial Study $5,630
3.2 Administrative Draft MND and Draft MMRP $1,710
3.3 Draft IS/Draft MND and Draft MMRP $2,880
3.4 Notice and Circulate Draft IS/MND/MMRP $1,620
4.0 Final IS/MND/EA/MMRP, and Noticing
4.1 Response to Comments $2,400
4.2 Final IS/MND/MMRP $920
4.3 Prepare and File NOD $320
TOT AL LABOR AND DIRECT COSTS $48,140
OPTIONAL TASK
Phase I Environmental Site Assessment $3,430
TOTAL LABOR AND DIRECT COSTS INCLUDING OPTIONAL TASK $51,570 55452.01100\31193624.5
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WORKER'S COMPENSATION INSURANCE CERTIFICATION
WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
r
I
'
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.
I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:
Carrier _____________________ _
Policy Number __________________ _
I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker's compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION
COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO
CRIMINAL PENAL TIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
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(
Dated: __________ , 20 _ _
Consultant
By:
Title
Address
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AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Agenda Item "JA:
Approvals:
City Manager y/,
Dept. Head ---=---
Attorney c:1
Finance ~
Department: Finance and Administrative Services
Prepared By: Jake Rahn, Financial Services Officer
Subject: ADOPTION OF FISCAL YEAR 2022-23 BUDGET
Fiscal Impact: Yes. The adoption of the Fiscal Year (FY) 2022-23 budget will establish funding levels for all City funds for the period July 1, 2022 through June 30, 2023. For all funds for FY 2022-23, total revenues equal $153,112,440 and total expenditures are $163,652,800 and utilize fund balance for one-time activities.
Summary: Staff recommends that the City Council adopt the FY 2022-23 Budget for all funds, including the General Fund, of the City of San Clemente.
Background: On May 25, 2022, the City held a public hearing and budget workshop for the proposed FY 2022-23 operating and capital improvement budgets. At the public hearing and workshop, staff presented the summarized budget and covered decision packages included in the budget. Staff presented a financial overview related to the budget identifying the Council strategic priorities and the operational tactics to address those priorities in a balanced approach in the upcoming year.
At the conclusion of the Budget presentation which covered all City funds and the activities included in the budget, the workshop was open to Council questions and considerations. Council discussions focused on a variety of topics which will be addressed in the future. Council meetings or individual briefings on these topics will be done. Additionally, the Police Contract was requested to be brought before Council the same night as Budget Adoption with more clarity on the benefit cost components under the OCSD contract.
Council was supportive of the budget and the included Decision Packages.
Council will receive agenda reports at future Therefore, staff has prepared the budget resolution for Budget Adoption.
The San Clemente .budget, if adopted, is subject to change by the Council action during the budget year to address items that arise during the year and to address revenue and cost adjustments. Staff reports updates to Council as the fiscal year progresses. Actions can be recommended and approved by Council to change the budget at any future City Council meeting.
Finance Agenda Report
6-7-22 I 9A-1
Agenda Report Page 2
Discussion: After the public hearing and budget workshop, the FY 2022-23 budget is summarized as follows:
All Funds Budget:
For FY 2022-23 resources for all funds, including fund balances, total $261.9 million. Excluding fund balances, revenues for all funds total $153,112,440 and expenditures total $163,652,800. The City has a positive operating position of $422,820 once one-time activities are removed. A Resolution (Attachment 1) has been prepared to adopt and approve the FY 2022-23 budget for the General Fund, Special Revenue Funds, Capital Project Funds, Enterprise Funds, and Internal Services Funds. The All Funds Budget Summary (Exhibit I) presents the total budget for FY 2022-23.
General Fund:
The FY 2022-23 General Fund budget reflects total revenues of $76,593,490 and total expenditures of $81,159,560, including one-time amounts, and total fund balance is projected to be $17.0 million at the end of FY 2022-23.
The General Fund operating position will be $422,820 including the budgeted decision packages for infield reconstruction, the City Clerk filing system and the Class and Compensation Study. General Fund total fund balance will be reduced from $21.5 million to $17.0 million, with $15 million available in Emergency Reserves and almost $2 million in unassigned fund balance. Based on existing fiscal policy and GASS 54, the City Council is committing a portion of the General Fund's fund balance for an Emergency Reserve (20% of operating costs), these funds are included as part of a resolution and can be used through Council formal action.
Recommended
Action: STAFF RECOMMENDS THAT the City Council
1. Adopt Resolution No .. __ entitled: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
ADOPTING AND APPROVING THE BUDGET AT THE FUND LEVEL
FOR THE CITY OF SAN CLEMENTE FOR THE 2022-23 FISCAL YEAR AND THE COMMITMENT OF FUND BALANCE; and
Attachments: 1) Resolution No. ___ entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING AND
APPROVING THE BUDGET AT THE FUND LEVEL FOR THE CITY OF SAN CLEMENTE FOR THE 2021-22 FISCAL YEAR AND THE COMMITMENT OF
FUND BALANCE
2) Exhibit I - All Funds Budget Summary
6-7-22 I 9A-2
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN CLEMENTE, CALIFORNIA, ADOPTING AND
APPROVING THE BUDGET AT THE FUND LEVEL FOR
THE CITY OF SAN CLEMENTE FOR THE 2022-23
FISCAL YEAR AND THE COMMITMENT OF FUND
BALANCE
WHEREAS, the City Manager has prepared the City of San Clemente's budget for the Fiscal Year (FY) ending June 30, 2023; and WHEREAS, the City Council held a public hearing and public budget workshop and on the proposed 2022-23 Fiscal Year budget on May 25, 2022; and WHEREAS, pursuant to Governmental Accounting Standards Board Statement No. 54, an action of the City Council is necessary to commit budget amounts in various funds for the specific purposes they intended.
NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:
Section 1. The City Council does hereby approve and adopt the Budget for the City of San Clemente for the Fiscal Year 2022-23 at the fund level for all funds (see Exhibit I).
Section 2. General Fund Reserves are established and maintained based on the following levels within the General Fund. The City Council is authorized to expend the reserved funds through a formal action.
Emergency Reserve of 20% of budgeted operating expenditures Section 3. Copies of the FY 2022-23 budget document are on file in the Office of the City Clerk.
Section 4. 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 _ _ _____ _
6-7-22 I 9A-3
Resolution No.
ATTEST:
City Clerk of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
Mayor of the City of San
Clemente, 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 WHEREOF, 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
6-7-22 / 9A-4
(
Exhibit I
All Funds Budget Summary
Beginning FY 2022-23 FY 2022-23 Ending Changes in %
Balance Revenues Expenditures Balance Balances Change
General Fund 21,531,493 76,593,490 81,159,560 16,965,423 (4,566,070} -21% Special Revenue Funds
Street Improvement 1,346,550 1,739,670 2,896,470 189,750 (1,156,800} -86% Gas Tax 1,505,280 3,595,390 4,786,630 314,040 (1,191,240} -79% Miscellaneous Grants 370,360 338,900 378,070 331,190 (39,170) -11% Disaster Relief 1,331,400 478,000 1,750,000 59,400 (1,272,000) 0% Air Quality Improvement 422,920 86,000 80,000 428,920 6,000 1% Local Cable Infrastructure 762,340 214,000 7,290 969,050 206,710 27% Police Grants 239,650 166,280 192,330 213,600 (26,050) -11% Local Transit Program Grants 164,090 766,100 762,520 167,670 3,580 0% Building Homes & Jobs Act (SB2) Fund 0 482,870 482,000 870 870 0% Capital Project Funds
Parks Acquisition & Dev. 1,030,660 63,000 82,760 1,010,900 (19,760} -2% Local Drainage Facilities 1,654,980 392,500 1,076,090 971,390 (683,590) -41% RCFPP 500,660 320,000 805,720 14,940 (485,720) -97%
Public Facilities Construction Fee 1,267,670 74,000 495,920 845,750 (421,920) -33% Developers Improvement 4,681,000 187,880 15,120 4,853,760 172,760 4% In-Lieu Housing 10,776,250 50,000 7,430 10,818,820 42,570 100% Low/ Moderate Income Housing 2,508,080 7,000 48,160 2,466,920 (41,160) -2% Reserve 10,118,060 1,476,760 1,360,000 10,234,820 116,760 1% Enterprise Funds
Water - Operating 7,101,788 25,547,195 26,123,560 6,525,423 (576,365) -8% - Depreciation Reserve 4,820,761 5,802,134 3,437,150 7,185,745 2,364,984 49% - Acreage Fee 866,397 63,148 510,580 418,965 (447,432) -52% - Other Agency 5,135,204 796,273 1,308,130 4,623,347 (511,857) -10% Sewer - Operating (31,943) 11,684,661 11,383,940 268,778 300,721 -941% - Depreciation Reserve 4,876,442 3,278,020 4,291,150 3,863,312 (1,013,130) -21% - Connection Fee 2,856,438 74,989 519,990 2,411,437 (445,001) -16% - Other Agency 1,060,073 195,830 263,790 992,113 (67,960) -6% Storm Drain - Operating (62,463) 1,773,792 1,662,130 49,199 111,662 -179% - Depreciation Reserve 1,552,443 921,258 1,199,280 1,274,421 (278,022) -18% Solid Waste Management 414,970 201,850 247,250 369,570 (45,400) -11% Golf - Operating 396,250 2,455,200 2,754,970 96,480 (299,770) -76% - Depreciation Reserve 3,327,441 265,478 115,510 3,477,409 149,968 5% - Capital Improvement 1,678,659 242,322 312,620 1,608,361 (70,298) -4% Clean Ocean 157,720 1,314,070 1,470,280 1,510 (156,210) -99% Internal Service Funds
Central Services 276,750 435,950 551,900 160,800 (115,950) -42% Information Technology 1,154,570 2,023,660 2,115,520 1,062,710 (91,860) -8% Contract Fleet Services 48,502 1,225,185 1,273,090 597 (47,905) -99% Fleet Replacement Reserve 5,074,458 601,145 442,410 5,233,193 158,735 3% Medical Insurance 173,000 3,905,440 3,911,680 166,760 (6,240) -4% Workers' Compensation 1,975,740 510,000 559,450 1,926,290 (49,450) -3% General Liability Self Insurance 5,753,860 2,763,000 2,812,350 5,704,510 (49,350) -1% Total All Funds 108,818,503 153,112,440 163,652,800 98,278,143 (10,540,360} -10% 6-7-22 I 9A-5
Department:
Prepared By:
Subject:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Finance and Administrative Services )(\
Hanne Thordahl, Human Resources ManagerQ '\
ADOPTION OF FISCAL YEAR 2022-23 SALARY SCHEDULES
Agenda Item \ () /+
Approvals:
City Manager ~
Dept. Head ---
Attorney Co
Financ~ -L--
Fiscal Impact: The adoption of the Fiscal Year (FY) 2022-23 budget establishes funding levels for all City funds and positions for the period July 1, 2022 through June 30, 2023.
Summary: Staff recommends that the City Council approve and adopt the resolution and the revised salary schedules for benefitted and part-time positions as prepared in conjunction with the Budget.
Background: On May 25, 2022, the City held a budget workshop and public hearing on the proposed FY 2022-23 operating and capital improvement budgets. At the workshop, staff reviewed the Staffing section of the budget and the proposed minimal staffing changes.
Discussion: In FY 2022-23, the City will be in the second year of a three-year agreement with the San Clemente City Employees Association (SCCEA). A. resolution is being presented to adopt revised salary schedules and approve the recommended staffing changes included in the budget. The Benefitted positions salary schedule incorporates a .25% increase to base wages per the Memorandum of Understanding (MOU) with SCCEA.
The salary increase is also being applied to the employee groups specified by the City Council action taken at their meeting on November 2, 2021, when the MOU was approved.
A Classification and Compensation Study is budgeted for in FY 2022-23 therefore, the only staffing changes in the proposed budget address grant funding availability and operational changes in Public Works related to parking operations. The details on the proposed changes to current staffing are listed in the Budget on page 329 and included in the attached resolution. The net changes result in an increase of one fulltime equivalent (FTE) to the staffing count. A Limited Term Community Outreach Worker is added to the Community Development Department and a reclassification of the Parking Meter Technician to a Maintenance Worker in the Public Works Department. Additionally, the Utilities Manager was regraded due to a recent vacancy to improve recruitment efforts.
The Hourly Part-Time positions salary schedule has been updated to address necessary administrative changes. Proposed increases to the California minimum wage effective January 1, 2023 have not been formally approved by State Legislature at this point and are not included. While not a represented employment group, the FAS Agenda Report
6-7-22 I 1 0A-1
Agenda Report
Recommended
Classification and Compensation Study will review the hourly part-time positions in an effort to address recruitment and retention concerns.
Action: STAFF RECOMMENDS THAT the City Council
1. Adopt Resolution No. __ entitled: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED
SALARY SCHEDULES AND NEW CLASSIFICATIONS AND AMENDING
RESOLUTION NO. 21-44 AND ANY OTHER RESOLUTIONS IN CONFLICT
THEREWITH
Attachments: 1. Resolution No. __ entitled A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED SALARY SCHEDULES AND NEW CLASSIFICATIONS AND AMENDING RESOLUTION NO. 21-44 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH with the City of San Clemente Salary Schedule - Benefitted Positions effective July 1, 2022 and the City of San Clemente Salary Schedule - Hourly Part-Time positions effective July 1, 2022.
6-7-22 I 10A-2
Attachment 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED
SALARY SCHEDULES AND NEW CLASSIFICATIONS
AND AMENDING RESOLUTION NO. 21-44 AND ANY
OTHER RESOLUTIONS IN CONFLICT THEREWITH.
WHEREAS, Section 37206 of the Government Code requires the City Council to prescribe the time and method of paying salaries and wages of officers and employees of the City; and
WHEREAS, the City Council is authorized and directed under the provisions of its adopted Personnel Rules and Regulations to prepare the compensation schedules covering all classes of positions in the competitive service; and WHEREAS, the City has compiled the salary schedules to comply with California Public Employers' Retirement System (CalPERS) requirements for Publicly Available Pay Schedules; and
WHEREAS, as part of the City's budget adoption process, various staffing changes have been incorporated into the proposed budget.
NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:
Section 1. Resolution No. 21 -43 is hereby amended to make changes in various City Departments:
• Community Development- add one Community Outreach Worker - Limited Term (1.0 FTE)
• Public Works - reclassify the Parking Meter Technician (1.0 FTE) to Maintenance Worker I (1.0 FTE)
• Utilities - Regrade the Utilities Manager (1 .0 FTE) from grade 72 to grade 76.
Section 2. The amended and restated Benefitted Employees salary schedule effective July 1, 2022 that implements a .25% increase and is attached, is hereby approved.
Section 3. The increase of .25% to the base salaries of the Executive Group is included in the restated Benefitted Employee salary schedule effective July 1, 2022 is hereby set forth and approved.
Section 4. The amended and restated Hourly Part-time Employees salary schedule that is attached is hereby approved.
Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into book of original resolutions.
6-7-22 / 10A-3
Resolution No. Page 2
PASSED AND ADOPTED this __ day of ________ __ _
ATTEST:
City Clerk of the City of
San Clemente, California
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN CLEMENTE
)
) §
)
Mayor of the City of San
Clemente, 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 WHEREOF, 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
6-7-22/10A-4
City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive
2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/7/2022; Effective 7/1/2022 (NC) Non-Confidential Revision Date: 6/1/2022 I
Range Pay Entry Maxim um
Number Title Period Step A Step B Step C Step D St ep E 8 Golf Course Groundskeeper I Hourly -- -- -- -- $15.25 Monthly -- -- -- $2,517.81 $2,643.70
9 Hou rly -- -- -- -- $15.62
Monthly -- -- -- $2,579.22 $2,708.18
10 Hourly -- -- -- $15.25 $16.01
Monthly -- -- $2,517.81 $2,643.70 $2,775.89
11 Hourly -- -- -- $15.62 $16.41
Monthly -- -- $2,579.22 $2,708.18 $2,843.59
12 Hourly -- -- $15.25 $16.01 $16.82
Monthly -- $2,517.81 $2,643.70 $2,775.89 $2,914.68
13 Hourly -- -- $15.62 $16.41 $17.23
Monthly -- $2,579.22 $2,708.18 $2,843.59 $2,985.77
14 Hourly -- $15.25 $16.01 $16.82 $17.66 -·-· .. ·--·· Monthly $2,517.81 $2,643.70 $2,775.89 $2,914.68 $3,060.41 15 Hourly -- $15.62 $16.41 $17.23 $18.09
Monthly $2,579.22 $2,708.18 $2,843.59 $2,985.77 $3,135.06 16 Hourly $15.25 $16.01 $16.82 $17.66 $18.54
Monthly $2,643.70 $2,775.89 $2,914.68 $3,060.41 $3,213.44 17 Golf Course Groundskeeper II Hourly $15.62 $16.41 $17.23 $18.09 $18.99 Monthly $2,708.18 $2,843.59 $2,985.77 $3,135.06 $3,291.81 18 Hourly $16.01 $16.82 $17.66 $18.54 $19.47
Monthly $2,775.89 $2,914.68 $3,060.41 $3,213.44 $3,374.11 19 Hourly $16.41 $17.23 $18.09 $18.99 $19.94
Monthly $2,843.59 $2,985.77 $3,135.06 $3,291.81 $3,456.40 20 Hourly $16.82 $17.66 $18.54 $19.47 $20.44
Monthly $2,914.68 $3,060.41 $3,213.44 $3,374.11 $3,542.81 21 Hourly $17.23 $18.09 $18.99 $19.94 $20.94
Monthly $2,985.77 $3,135.06 $3,291.81 $3,456.40 $3,629.22 22 Lead Park Ranger Hourly $17.66 $18.54 $19.47 $20.44 $21.46 Monthly $3,060.41 $3,213.44 $3,374.11 $3,542.81 $3,719.95
6-7-22 I 10A-5
City of San Clemente {C) Confidential
Salary Schedule - Benefited Positions {E) Executive
2.5% Between Ranges, 5.0% Between Steps {M) Mid-Management Adopted 06/7/2022; Effective 7/1/2022 {NC) Non-Confidential Revision Date: 6/1/2022 I I
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
23 Hourly $18.09 $18.99 $19.94 $20.94 $21.98
Monthly $3,135.06 $3,291.81 $3,456.40 $3,629.22 $3,810.68 24 Hourly $18.54 $19.47 $20.44 $21.46 $22.53
Monthly $3,213.44 $3,374.11 $3,542.81 $3,719.95 $3,905.95 25 Hourly $18.99 $19.94 $20.94 $21.98 $23.08
Monthly $3,291.81 $3,456.40 $3,629.22 $3,810.68 $4,001.22 26 Hourly $19.47 $20.44 $21.46 $22.53 $23.66
Monthly $3,374.11 $3,542.81 $3,719.95 $3,905.95 $4,101.25 27 Hourly $19.94 $20.94 $21.98 $23.08 $24.24
Monthly $3,456.40 $3,629.22 $3,810.68 $4,001.22 $4,201.28 28 Recreation Specialist Hourly $20.44 $21.46 $22.53 $23.66 $24.84 Monthly $3,542.81 $3,719.95 $3,905.95 $4,101.25 $4,306.31 29 Customer Service Specialist I Hourly $20.94 $21.98 $23.08 $24.24 $25.45 Office Specialist I Monthly $3,629.22 $3,810.68 $4,001.22 $4,201.28 $4,411.34 ------·~-·----
30 Hourly $21.46 $22.53 $23.66 $24.84 $26.09
Monthly $3,719.95 $3,905.95 $4,101.25 $4,306.31 $4,521.63 31 Hourly $21.98 $23.08 $24.24 $25.45 $26.72
Monthly $3,810.68 $4,001.22 $4,201.28 $4,411.34 $4,631.91 32 Hourly $22.53 $23.66 $24.84 $26.09 $27.39
Monthly $3,905.95 $4,101.25 $4,306.31 $4,521.63 $4,747.71 33 Accounting Specialist I Hourly $23.08 $24.24 $25.45 $26.72 $28.06 Maintenance Worker I Monthly $4,001.22 $4,201.28 $4,411.34 $4,631.91 $4,863.51 Utility Billing Specialist I
34 Hourly $23.66 $24.84 $26.09 $27.39 $28.76
Monthly $4,101.25 $4,306.31 $4,521.63 $4,747.71 $4,985.09 35 Customer Service Specialist II Hourly $24.24 $25.45 $26.72 $28.06 $29.46 Golf Course Maintenance Worker Monthly $4,201.28 $4,411.34 $4,631.91 $4,863.51 $5,106.68 Office Specialist II
36 Hourly $24.84 $26.09 $27.39 $28.76 $30.20
Monthly $4,306.31 $4,521.63 $4,747.71 $4,985.09 $5,234.35
6-7-22 I 10A-6
:ity of San Clemente (C) Confidential
Salary Schedule - Benefited Positions ( E) Executive
2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/7/2022; Effective 7/1/2022 (NC) Non-Confidential Revision Date: 6/1/2022 I I
Range Pay Entry Maximum
Number Tit le Period Step A Step B Step C Step D Step E 37 Accounting Specialist II Hourly $25.45 $26.72 $28.06 $29.46 $30.93 Business License Specialist Monthly $4,411.34 $4,631.91 $4,863.51 $5,106.68 $5,362.01 Central Services Assistant
Maintenance Worker II
Senior Customer Service Specialist
Senior Office Specialist
Utility Billing Specialist II
38 Hourly $26.09 $27.39 $28.76 $30.20 $31.71
Monthly $4,521.63 $4,747.71 $4,985.09 $5,234.35 $5,496.07 39 Hourly $26.72 $28.06 $29.46 $30.93 $32.48
Monthly $4,631.91 $4,863.51 $5,106.68 $5,362.01 $5,630.12 40 Hourly $27.39 $28.76 $30.20 $31.71 $33.29
Monthly $4,747.71 $4,985.09 $5,234.35 $5,496.07 $5,770.87 41 Ocean Lifeguard Supervisor Hourly $28.06 $29.46 $30.93 $32.48 $34.11 Monthly $4,863.51 $5,106.68 $5,362.01 $5,630.12 $5,911.62 42 Administrative Assistant Hourly $28.76 $30.20 $31.71 $33.29 $34.96 Code Compliance Technician Monthly $4,985.09 $5,234.35 $5,496.07 $5,770.87 $6,059.41 Collection Systems Operator I
Community Outreach Worker (LT)
Distribution Operator I
Parking Meter Technician
Permit Technician
Plant Operator I
Senior Accounting Specialist
Utility Billing Coordinator
43 Electrician I Hourly $29.46 $30.93 $32.48 $34.11 $35.81 Golf Course Maintenance Leadworker Monthly $5,106.68 $5,362.01 $5,630.12 $5,911.62 $6,207.20 Golf Course Mechanic
Laboratory Technician I
Maintenance Leadworker
Recreation Coordinator
Utilities Mechanic I
44 Environmental Services Coordinator Hourly $30.20 $31.71 $33.29 $34.96 $36.71 Human Resources Specialist (C) Monthly $5,234.35 $5,496.07 $5,770.87 $6,059.41 $6,362.38 45 Community Development Technician I Hourly $30.93 $32.48 $34.11 $35.81 $37 .60 Facilities Maintenance Specialist I Monthly $5,362.01 $5,630.12 $5,911.62 $6,207.20 $6,517.56
6-7-22 / 10A-7
City of San Clemente (C) Confidential
Salary Schedule• Benefited Positions {E) Executive
2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/7/2022; Effective 7/1/2022 (NC) Non-Confidential Revision Date: 6/1/2022 I I I I
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
46 Electrical Instrumentation Technician I Hourly $31.71 $33.29 $34.96 $36.71 $38.54 Maintenance Contract Inspector Monthly $5,496.07 $5,770.87 $6,059.41 $6,362.38 $6,680.50 Payroll Coordinator (C)
Records Management Coordinator
47 Building Inspector I Hourly $32.48 $34.11 $35.81 $37.60 $39.48 Collection Systems Operator II Monthly $5,630.12 $5,911.62 $6,207.20 $6,517.56 $6,843.44 Contract Maintenance Coordinator
Distribution Operator II
Facilities Maintenance Specialist II
Laboratory Technician II
Plant Operator II
Senior Administrative Assistant (NC)
Senior Permit Technician
Utilities Mechanic II
48 Code Compliance Officer Hourly $33.29 $34.96 $36.71 $38.54 $40.47 Engineering Technician Monthly $5,770.87 $6,059.41 $6,362.38 $6,680.50 $7,014.53 Recycled Water Specialist
49 Electrical Instrumentation Technician II Hourly $34.11 $35.81 $37.60 $39.48 $41.46 Electrician II Monthly $5,911.62 $6,207.20 $6,S17.56 $6,843.44 $7,185.61 Lead Operator
Senior Administrative Assistant (C)
Senior Facilities Maintenance Specialist
so Assistant Planner Hourly $34.96 $36.71 $38.54 $40.47 $42.49 Deputy City Clerk Monthly $6,059.41 $6,362.38 $6,680.50 $7,014.53 $7,365.25 Information Technology Analyst I
Marine Safety Officer
51 Building Inspector II Hourly $35.81 $37.60 $39.48 $41.46 $43.53 Construction Inspector Monthly $6,207.20 $6,517.56 $6,843.44 $7,185.61 $7,544.89 52 Human Resources Analyst I (C) Hourly $36.71 $38.54 $40.47 $42.49 $44. 62 Management Analyst I Monthly $6,362.38 $6,680.50 $7,014.53 $7,365.25 $7,733.52 Recreation Supervisor
Revenue Supervisor
Senior Engineering Technician
53 Executive Assistant (C) Hourly $37.60 $39.48 $41.46 $43.53 $45.70 Monthly $6,517.56 $6,843.44 $7,185.61 $7,S44.89 $7,922.14
6-7-22 I 10A-8
City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions ( E) Executive
2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/7/2022; Effective 7/1/2022 (NC) Non-Confidential Revision Date: 6/1/2022 I
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
54 Electrical Coordinator Hourly $38.54 $40.47 $42.49 $44.62 $46.85 Facilities Maintenance Coordinator Monthly $6,680.50 $7,014.53 $7,365.25 $7,733.52 $8,120.19 Maintenance Inspection Coordinator
Plans Examiner
Pia nt Operator 111
System Operations/Water Quality Coordinator
Systems Applications Analyst
55 Accountant Hourly $39.48 $41.46 $43.53 $45.70 $47.99 Aquatics Supervisor Monthly $6,843.44 $7,185.61 $7,544.89 $7,922.14 $8,318.25 Associate Planner I
Management Analyst II
Public Information Officer
Senior Code Compliance Officer
Water Conservation Analyst
56 Marine Safety Lieutenant Hourly $40.47 $42.49 $44.62 $46.85 $49.19 Monthly $7,014.53 $7,36S.25 $7,733.52 $8,120.19 $8,526.20 57 Associate Planner II Hourly $41.46 $43.53 $45,70 $47.99 $50.39 GIS Coordinator Monthly $7,185.61 $7,544.89 $7,922.14 $8,318.25 $8,734.16 ~
Human Resources Analyst II (C)
Information Technology Analyst II
Senior Building Inspector
Senior Construction Inspector
58 Chief Operator Hourly $42.49 $44.62 $46.85 $49.19 $51.65 CMMS Coordinator Monthly $7,365.25 $7,733.52 $8,120.19 $8,526.20 $8,952.51 Environmental Programs Supervisor (M)
Laboratory Coordinator
Lead Electrical Instrumentation Technician
Utilities Chief Mechanic
59 Economic Development Officer {M) Hourly $43.53 $45.70 $47.99 $50.39 $52.91 Monthly $7,544.89 $7,922.14 $8,318.25 $8,734.16 $9,170.87 60 Assistant Engineer Hourly $44.62 $46.85 $49.19 $51.65 $54.23 Chief Operator - Water Reclamation Monthly $7,733.52 $8,120.19 $8,526.20 $8,952.51 $9,400.14 Senior Accountant
61 SCADA Specialist Hourly $45.70 $47.99 $50.39 $52.91 $55.55 Senior Planner (M) Monthly $7,922.14 $8,318.25 $8,734.16 $9,170.87 $9,629.41
6-7-22 I 10A-9
City of San Clemente (C) Confidential (
Salary Schedule - Benefited Positions ( E) Executive
2.5% Between Ranges, 5.0% Between St eps (M) Mid-Management Adopted 06/7/2022; Effective 7/ 1/2022 (NC) Non-Confidential Revision Date: 6/1/2022
Range Pay Entry M aximum
Number Title Period Step A Step B Step C Step D Step E
62 Golf Course Manager (M) Hourly $46.85 $49.19 $51.65 $54.23 $56.94 Maintenance Operations Supervisor (M) Monthly $8,120.19 $8,526.20 $8,952.51 $9,400.14 $9,870.14 Utilities Maintenance Supervisor (M)
Utilities Operations Supervisor - Sewer (M)
Utilities Operations Supervisor - Water (M)
63 Hourly $47.99 $50.39 $52.91 $55.55 $58.33
Monthly $8,318.25 $8,734.16 $9,170.87 $9,629.41 $10,110.88 64 Assistant to the City Man ager (M) Hourly $49.19 $51.65 $54.23 $56.94 $59.79 Associate Civil Engineer (M) Monthly $8,526.20 $8,952.51 $9,400.14 $9,870.14 $10,363.65 65 Hourly $50.39 $52.91 $55.55 $58.33 $61.25
Monthly $8,734.16 $9,170.87 $9,629.41 $10,110.88 $10,616.42 66 Code Compliance Manager (M) Hourly $51.65 $54.23 $56.94 $59.79 $62.78 Marine Safety Captain (M) Monthly $8,952.51 $9,400.14 $9,870.14 $10,363.65 $10,881.83 67 Risk Management/Human Resources Officer (M) Hourly $52.91 $55.55 $58.33 $61.25 $64.31 Monthly $9,170.87 $9,629.41 $10,110.88 $10,616.42 $11,147.24 68 Assistant Utilities Manager (M) Hourly $54.23 $56.94 $59.79 $62.78 $65.92 Principal Planner (M) Monthly $9,400.14 $9,870.14 $10,363.65 $10,881.83 $11,425.93 Recreation Manager (M)
Senior Civil Engineer (M)
69 Hourly $55.55 $58.33 $61.25 $64.31 $67.53
Monthly $9,629.41 $10,110.88 $10,616.42 $11,147.24 $11,704.61 70 Legislative Administrator (M) Hourly $56.94 $59.79 $62.78 $65.92 $69.21 Monthly $9,870.14 $10,363.65 $10,881.83 $11,425.93 $11,997.22 71 Hourly $58.33 $61.25 $64.31 $67.53 $70.90
Monthly $10,110.88 $10,616.42 $11,147.24 $11,704.61 $12,289.84 72 Maintenance Manager (M) Hourly $59.79 $62.78 $65.92 $69.21 $72.68 Principal Civil Engineer (M) Monthly $10,363.65 $10,881.83 $11,425.93 $11,997.22 $12,597.08 Senior Plan Check Engineer (M)
73 Information Technology Manager (M) Hourly $61.25 $64.31 $67.53 $70.90 $74.45 Monthly $10,616.42 $11,147.24 $11,704.61 $12,289.84 $12,904.33 74 Financial Services Officer (M) Hourly $62.78 $65.92 $69.21 $72.68 $76.31 Human Resources Manager (M) Monthly $10,881.83 $11,425.93 $11,997.22 $12,597.08 $13,226.94
6-7-22 I 10A-10
City of San Clemente (C) Confidential
Salary Schedule - Ben efited Positions ( E) Executive
2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/7/2022; Effective 7/1/2022 (NC) Non-Confidential Revision Date: 6/1/2022 I
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
75 Building Official (M) Hourly $64.31 $67.53 $70.90 $74.45 $78.17 City Planner (M) Monthly $11,147.24 $11,704.61 $12,289.84 $12,904.33 $13,549.54 76 Deputy Community Development Director (M) Hourly $65.92 $69.21 $72.68 $76.31 $80.12 Utilities Manager (M) Monthly $11,425.93 $11,997.22 $12,597.08 $13,226.94 $13,888.28 77 Deputy Public Works Director (M) Hourly $67.53 $70.90 $74.45 $78.17 $82.08 Monthly $11,704.61 $12,289.84 $12,904.33 $13,549.54 $14,227.02 78 Beaches Parks and Recreation Director (E) Hourly $69.21 $72.68 $76.31 $80.12 $84.13 Monthly $11,997.22 $12,597.08 $13,226.94 $13,888.28 $14,582.70 79 Hourly $70.90 $74.45 $78.17 $82.08 $86.18
Monthly $12,289.84 $12,904.33 $13,549.54 $14,227.02 $14,938.37 80 Hourly $72.68 $76.31 $80.12 $84.13 $88.34
Monthly $12,597.08 $13,226.94 $13,888.28 $14,582.70 $15,311.83 81 Hourly $74.45 $78.17 $82.08 $86.18 $90.49
Monthly $12,904.33 $13,549.54 $14,227.02 $14,938.37 $15,685.29 82 Community Development Director (E) Hourly $76.31 $80.12 $84.13 $88.34 $92.75 - ---- Monthly $13,226.94 $13,888.28 $14,582.70 $15,311.83 $16,077.42 83 Hourly $78.17 $82.08 $86.18 $90.49 $95.02
Monthly $13,549.54 $14,227.02 $14,938.37 $15,685.29 $16,469.56 84 Public Works Director / City Engineer (E) Hourly $80.12 $84.13 $88.34 $92.75 $97.39 Utilities Director (E) Monthly $13,888.28 $14,582.70 $15,311.83 $16,077.42 $16,881.30 85 Hourly $82.08 $86.18 $90.49 $95.02 $99.77
Monthly $14,227.02 $14,938.37 $15,685.29 $16,469.56 $17,293.03 86 Hourly $84.13 $88.34 $92.75 $97.39 $102.26
Monthly $14,582.70 $15,311.83 $16,077.42 $16,881.30 $17,725.36 87 Hourly $86.18 $90.49 $95.02 $99.77 $104.76
Monthly $14,938.37 $15,685.29 $16,469.56 $17,293.03 $18,157.69 88 Assistant City Manager/ FAS Director (E) Hourly $88.34 $92.75 $97.39 $102.26 $107.37 Monthly $15,311.83 $16,077.42 $16,881 .30 $17,725.36 $18,611.63 89 Hourly $90.49 $95.02 $99.77 $104.76 $109.99
Monthly $15,685.29 $16,469.56 $17,293.03 $18,157.69 $19,065.57
6-7-22 I 1 0A-11
City of San Clemente (C) Confidential
Salary Schedule - Benefited Positions (E) Executive
(
2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 06/7/2022; Effective 7/1/2022 {NC) Non-Confidential Revision Date: 6/1/2022 I I I
Range Pay I Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
90 Hourly $92.75 $97.39 $102.26 $107.37 $112.74
Monthly $16,077.42 $16,881.30 $17,725.36 $18,611.63 $19,542.21 91 Hourly $95.02 $99.77 $104.76 $109.99 $115.49
Monthly $16,469.56 $17,293.03 $18,157.69 $19,065.57 $20,018.85 92 Hourly $97.39 $102.26 $107.37 $112.74 $118.38
Monthly $16,881.30 $17,725.36 $18,611.63 $19,542.21 $20,519.32 93 Hourly $99.77 $104.76 $109.99 $115.49 $121.27
Monthly $17,293.03 $18,157.69 $19,065.57 $20,018.85 $21,019.79 94 Hourly $102.26 $107.37 $112.74 $118.38 $124.30
Monthly $17,725.36 $18,611.63 $19,542.21 $20,519.32 $21,545.29 95 Hourly $104.76 $109.99 $115.49 $121.27 $127.33
Monthly $18,157.69 $19,065.57 $20,018.85 $21,019.79 $22,070.78 96 Hourly $107.37 $112.74 $118.38 $124.30 $130.51
Monthly $18,611.63 $19,542.21 $20,519.32 $21,545.29 $22,622.55 97 Hourly $109.99 $115.49 $121.27 $127.33 $133.70
Monthly $19,065.57 $20,018.85 $21,019.79 $22,070.78 $23,174.32 98 Hourly $112.74 $118.38 $124.30 $130.51 $137.04
Monthly $19,542.21 $20,519.32 $21,545.29 $22,622.55 $23,753.68 99 City Manager (E) Hourly $115.49 $121.27 $127.33 $133.70 $140.38 Monthly $20,018.85 $21,019.79 $22,070.78 $23,174.32 $24,333.04 100 Hourly $118.38 $124.30 $130.51 $137.04 $143.89
Monthly $20,519.32 $21,545.29 $22,622.55 $23,753.68 $24,941.36
6-7-22 / 10A-12
City of San Clemente
Salary Schedule• Hourly Part-Time Positions
2.S% Between Ranges, S.0% Between Steps
Adopted 6/7/2022; Effective 07/01/2022
Range Pay Entry Maximum
Number Title Period Step A Step B I Step C Step D Step E 12 Intern Hourly -- -- -- -- $15.00
Ocean Lifeguard Trainee Monthly -- -- -- -- $2,600.69
Office Clerk
Pool Lifeguard Trainee
13 Hourly -- -- -- -- $15.37
Monthly -- -- -- -- $2,664.12
14 Recreation Leader I Hourly -- -- -- $15.00 $15.75
Monthly -- -- -- $2,600.69 $2,730.72
15 Hourly -- -- -- $15.37 $16.14
Monthly -- -- -- $2,664.12 $2,797.32
16 Hourly -- -- $15.00 $15.75 $16.54
Monthly -- -- $2,600.69 $2,730.72 $2,867.26
17 Pool Lifeguard Hourly -- -- $15.37 $16.14 $16.95
Monthly -- -- $2,664.12 $2,797.32 $2,937.19
18 Park Monitor Hourly -- $15.00 $15.75 $16.54 $17.37
Monthly -- $2,600.69 $2,730.72 $2,867.26 $3,010.62
19 Hourly -- $15.37 $16.14 $16.95 $17.79
Mont hly -- $2,664.12 $2,797.32 $2,937.19 $3,084.05
20 Golf Course Marshals Hourly $15.00 $15.75 $16.54 $17.37 $18.24 Park Ranger Monthly $2,600.69 $2,730.72 $2,867.26 $3,010.62 $3,161.15 21 Recreation Leader II Hourly $15.37 $16.14 $16.95 $17.79 $18.68 Water Safety Instructor Monthly $2,664.12 $2,797.32 $2,937.19 $3,084.05 $3,238.25 --·-··-···-··· ____ ..
22 Hourly $15.75 $16.54 $17.37 $18.24 $19.15
Monthly $2,730.72 $2,867.26 $3,010.62 $3,161.15 $3,319.21 23 Hourly $16.14 $16.95 $17.79 $18.68 $19.62
Monthly $2,797.32 $2,937.19 $3,084.05 $3,238.25 $3,400.16 24 Hourly $16.54 $17.37 $18.24 $19.15 $20.11
Monthly $2,867.26 $3,010.62 $3,161.15 $3,319.21 $3,485.17 25 Hourly $16.95 $17.79 $18.68 $19.62 $20.60
Monthly $2,937.19 $3,084.05 $3,238.25 $3,400.16 $3,570.17
6-7-22 I 10A-13
City of San Clemente (
Salary Schedule• Hourly Part-Time Positions
2.5% Between Ranges, 5.0% Between Steps
Adopted 6/7 / 2.022; Effective 07/ 01/2022
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
26 Head Lifeguard Hou rly $17.37 $18.24 $19.15 $ 20.11 $21.11 Recreation Leader Ill Monthly $3,010.62 $3,161.15 $3,319.21 $3,485.17 $3,659.43 27 Hourly $17.79 $18.68 $19.62 $20.60 $21.63
Month ly $3,084.05 $3,238.25 $3,400.16 $3,570.17 $3,748.68 28 Ocean Lifeguard Hourly $18.24 $19.15 $20.11 $21.11 $22.17 Monthly $3,161.15 $3,319.21 $3,485.17 $3,659.43 $3,842.40 29 Office Assistant I Hou rly $18.68 $19.62 $20.60 $21.63 $22.71 Monthly $3,238.25 $3,400.16 $3,570.17 $3,748.68 $3,936.11 30 Hourly · $19.15 $20.11 $21.11 $22.17 $23.28
Monthly $3,319.21 $3,485.17 $3,659.43 $3,842.40 $4,034.52 31 Hourly $19.62 $20.60 $21.63 $ 22.71 $23.84
Monthly $3,400.16 $3,570.17 $3,748.68 $3,936.11 $4,132.92 32 Hou rly $20.11 $21.11 $22.17 $23.28 $24.44 -- - --- Monthly $3,485.17 $3,659.43 $3,842.40 $4,034.52 $4,236.24 33 Hourly $20.60 $21.63 $22.71 $23.84 $25.04
Monthly $3,570.17 $3,748.68 $3,936.11 $4,132.92 $4,339.57 34 Hourly $21.11 $22.17 $23.28 $24.44 $25.66
Monthly $3,659.43 $3,842.40 $4,034.52 $4,236.24 $4,448.06 35 Office Assistant II Hourly $21.63 $22.71 $23.84 $25.04 $26.29 Monthly $3,748.68 $3,936.11 $4,132.92 $4,339.57 $4,556.54 36 Hourly $22.17 $23.28 $24.44 $25.66 $26.94
Monthly $3,842.40 $4,034.52 $4,236.24 $4,448.06 $4,670.46 37 Senior Office Assistant Hourly $22.71 $23.84 $25.04 $26.29 $27.60 Monthly $3,936.11 $4,132.92 $4,339.57 $4,556.54 $4,784.37 38 Hourly $23.28 $24.44 $25.66 $26.94 $28.29
Monthly $4,034.52 $4,236.24 $4,448.06 $4,670.46 $4,903.98 39 Cable Television Technician Hourly $23.84 $25.04 $26.29 $27.60 $28.98 Monthly $4,132.92 $4,339.57 $4,556.54 $4,784.37 $5,023.59 40 Hourly $24.44 $25.66 $26.94 $28.29 $29.71
Monthly $4,236.24 $4,448.06 $4,670.46 $4,903.98 $5,149.18
6-7-22 I 10A-14
City of San Clemente
Salary Schedule - Hourly Part-Time Positions
2.5% Between Ranges, 5.0% Between Steps
Adopted 6/7/2022; Effective 07/01/2022
Range Pay I Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
41 Ocean Lifeguard Supervisor Hourly $25.04 $26.29 $27.60 $28.98 $30.43 Monthly $4,339.57 $4,556.54 $4,784.37 $5,023.59 $5,274.77 42 Hourly $25.66 $26.94 $28.29 $29.71 $31.19
Monthly $4,448.06 $4,670.46 $4,903.98 $5,149.18 $5,406.64 43 Hourly $26.29 $27.60 $28.98 $30.43 $31.95
Monthly $4,556.54 $4,784.37 $5,023.59 $5,274.77 $5,538.51 44 Hourly $26.94 $28.29 $29.71 $31.19 $32.75
Monthly $4,670.46 $4,903.98 $5,149.18 $5,406.64 $5,676.97 45 Hourly $27.60 $28.98 $30.43 $31.95 $33.55
Monthly $4,784.37 $5,023.59 $5,274.77 $5,538.51 $5,815.43 46 Hourly $28.29 $29.71 $31.19 $32.75 $34.39
Monthly $4,903.98 $5,149.18 $5,406.64 $5,676.97 $5,960.82 47 Hourly $28.98 $30.43 $31.95 $33.55 $35.23 --·-•-·-·----•-·-·· Monthly $5,023.59 $5,274.77 $5,538.51 $5,815.43 $6,106.21 48 Hourly $29.71 $31.19 $32.75 $34.39 $36.11
Monthly $5,149.18 $5,406.64 $5,676.97 $5,960.82 $6,258.86 49 Hourly $30.43 $31.95 $33.55 $35.23 $36.99
Monthly $5,274.77 $5,538.51 $5,815.43 $6,106.21 $6,411.52
6-7-22 / 10A-1 5
Department:
Prepared By:
Subject:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
*
Community Development Ii:)
Adam Atamian, Deputy Community Development Director~
INTRODUCTION OF BICYCLE REPAIR ORDINANCE.
Agenda Item \-Q B
Approvals: ,
City Manager ~ J/Z
Dept Hea@er:CGD
Attorney
Finance ffe--:
Fiscal Impact: None.
Summary: Staff recommends the City Council introduce an ordinance to amend the San Clemente Municipal Code to regulate bicycle repairs, and related activities, in public.
Background: At the City Council meeting of May 3, 2022, the Council directed staff to draft an ordinance to regulate bicycle repairs in public after receiving input from the Public Safety Committee and members of the public related to such an ordinance. The agenda report from that meeting is provided as Attachment 2.
Discussion: According to the Orange County Sheriff's Department, there were 27 reported bicycle thefts in the City between January and May of 2022 alone, and statistics show the number of actual thefts is likely much greater. The proposed ordinance seeks to limit or reduce these crimes, as well as illegal bicycle "chop shops," by prohibiting such activity, preventing unauthorized commercial activity in public, and, if any items are lost or stolen, restore such items to their lawful owners and deter future bicycle theft.
The proposed ordinance prohibits the repair, assembly, disassembly, sale, renting, or distribution of bicycles and bicycle parts on public property or in the public right-ofway, under certain conditions and with certain very limited exceptions. The ordinance prohibits a person from engaging in the above-mentioned activities when associated with the following bicycle-related items:
A. A bicycle frame with the gear cables or brake cables cut; B. Three or more bicycles and/or bicycle frames, with or without missing parts (the term "parts" shall mean handles, handlebars, wheels, forks, pedals, cranks, seats, or chains); or
C. Five or more bicycle parts that are not attached to a bicycle.
Enforcement of the proposed ordinance would occur primarily through efforts by the Orange County Sheriff's Department and the City's Code Compliance and Park Rangers staff.
Community Development Agenda Report
6-7-22 I 10B-1
Agenda Report Page 2
Policy and Plan
Consistency: The item is consistent with the General Plan's Mobility Element in that the ordinance would improve the safety for all modes of travel, and address other issues regarding bicycles and cyclists:
Recommended
• Goal: Create a balanced transportation system that facilities safe travel by all modes of travel.
• Policy M-3.05. Safety Awareness Program. We encourage and assign high priority to the creation of a comprehensive safety awareness program of pedestrians, skateboarders, cyclists, and motorists which addresses proper riding behavior, wearing helmets, using lights, and other issues as appropriate.
Action: STAFF RECOMMENDS THAT the City Council introduce an ordinance entitled, "An Ordinance Of The City Council Of The City Of San Clemente, California, Adding Chapter 10.54 To Title 10 (Vehicles And Traffic) Of The San Clemente Municipal Code Relating To The Prohibition On Repairs, Sales, And Storage Of Bicycles And Bicycle Parts On Public Property And Finding The Ordinance Not Subject To The California Environmental Quality Act."
Attachments: 1. Draft Ordinance Adding Chapter 10.54 to the San Clemente Municipal Code
2. City Council Agenda Report, dated May 3, 2022.
Notification: None.
6-7-22 / 10B-2
ATTACHMENT 1
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ADDING CHAPTER 10.54
TO TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN
CLEMENTE MUNICIPAL CODE RELATING TO THE
PROHIBITION ON REPAIRS, SALES, AND STORAGE OF
BICYCLES AND BICYCLE PARTS ON PUBLIC PROPERTY
AND FINDING THE ORDINANCE NOT SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Clemente, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City encourages the use of bicycles in daily transportation for commuting and recreational purposes; and
WHEREAS, reported bicycle thefts in the City between January and May of 2022 were 27, and statistics show the number of actual thefts is likely much greater; and WHEREAS, many of these stolen bicycles are also dismantled in public areas ("bike chop shops") and sold within days of being stolen-, and, thus, there is a narrow window for bicycles to be recovered while they are being taken apart in public spaces before being sold; and
WHEREAS, such open-air "bike chop shops" have been observed in the City, but confronting the illegal activities this practice supports is difficult due to the lack of ready proof that a particular bicycle or bicycle part has been stolen; and WHEREAS, this Ordinance seeks to limit or reduce illegal bicycle chop shop activity by prohibiting such activity and allowing for the removal of bicycles and/or bicycle parts from the public right-of-way and public property will help clear the public right-ofway and public property, prevent unauthorized commercial activity in these areas, and, if any items are lost or stolen, restore such items to their lawful owners and deter future bicycle theft; and
WHEREAS, in light of the foregoing, on May 3, 2022, the City Council requested the City Attorney to draft an ordinance to prohibit the assembly, disassembly, sale, offer of sale, distribution, or offer of distribution of bicycles and bicycle parts on public property or in the public right-of-way, under certain conditions and with certain exceptions; WHEREAS, in accordance with the City Council's directive, the City Attorney's Office prepared this ordinance (the "Ordinance") in coordination with City staff and with input from the Orange County Sheriff's Department; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 55452.0l 100\400508 I0.3
6-7-22 / 10B-3
NOW, THEREFORE, the City Council of the City of San Clemente does ordain as ( follows:
Section 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.
Section 2. CEQA. The City Council finds that this Ordinance is not a "project" subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely prohibits, absent an applicable exception, the repair, sale, or storage on public property of certain bicycles, certain numbers of bicycles, and certain bicycle parts, as well as the falsification of any information in any documentation, proof, or other supporting evidence intended to show valid proof of ownership or possession of a bicycle(s) or bicycle part(s). In the alternative, the City Council finds that the Ordinance falls within the "common sense" exemption set forth in State CEQA Guidelines section 15061, subdivision (b )(3), which exempts activity from CEQA where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply prohibits the repair, sale, or storage on public property of certain bicycles, numbers of bicycles, and bicycle part(s); the Ordinance will not result in any development or in any new activity with the potential to impact the environment.
Section 3. Code Amendment. Chapter 10.54 is hereby added to the San Clemente Municipal Code and shall read in its entirety as follows:
"Chapter 10.54 - Repairs, Sales, and Storage of Bicycles on Public Property Prohibited
10.54.01 0 - Repairs, sales, and storage on public property prohibited.
Subject to Section 10.54.020 (Exceptions), no person shall repair, assemble, disassemble, sell, offer to sell, rent, offer to rent, distribute, offer to distribute, or store the following items on any public street, sidewalk, alley, public passageway, public right-of-way, public beach, public park, or any other property owned, operated or managed by the City of San Clemente:
A. A bicycle frame with the gear cables or brake cables cut; B. Three or more bicycles and/or bicycle frames, with or without missing parts (the term "parts" shall mean handles,
handlebars, wheels, forks, pedals, cranks, seats, or chains); or
C. Five or more bicycle parts that are not attached to a bicycle. 55452.01 100140050810.3
6-7-22 / 108-4
10.54.020 - Exceptions.
The prohibitions set forth in Section 10.54.010 shall not apply to any of the following:
A. Activities performed in accordance with a valid license or permit issued by the City of San Clemente.
B. The owner or another individual in lawful possession of a bicycle or bicycle part(s) who is present during the repair of his or her single bicycle or bicycle part, with valid
documentation, proof, or supporting evidence to verify that he or she is in lawful possession of the bicycle or bicycle part(s).
Supporting evidence for a claim of lawful ownership or
possession may include, but is not limited to:
1. Bill of sale from the original owner with the signature of the original owner, as well as the name, address, and
telephone number of the original owner.
2. Rental agreement or receipt.
3. Video or photographic evidence demonstrating
ownership.
4. Whether the bicycle or any bicycle parts retain their original serial number (as opposed to being filed off, for example).
5. Bicycle registration bearing the name and address of the individual claiming to be the owner or lawful
possessor of the bicycle.
6. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the
bicycle or bicycle parts.
7. Credible testimony or facts and circumstances that
would objective indicate that the individual is the lawful owner or possessor of the bicycle or bicycle parts.
10.54.030 - Falsification of records prohibited.
It is unlawful for any person to knowingly falsify or cause to be falsified any information in any documentation, proof, or other supporting evidence intended to show valid proof of ownership or possession of a bicycle or bicycle part(s).
55452.0 I I 00\400508 10.3
6-7-22 / 108-5
10.54.040 - Violations.
A. Each and every violation of this chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the San Clemente
Municipal Code. Each and every bicycle or bicycle part(s) unlawfully possessed is a separate violation of this chapter.
B. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.10 of Title 1 of this Code, for any person to violate any provision of this chapter.
C. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.
10.54.050 - Severability.
If any section, subsection, sentence, clause, phrase, or word of this Chapter
10.54, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality, or unenforceability."
Section 4. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.
Section 5. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.
Section 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.
The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.
Section 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
55452.0 I I 00\400508 I0.3
6-7-22 I 10B-6
APPROVED AND ADOPTED this __ day of ______ , 2022.
ATTEST:
City Clerk of the City of
San Clemente, California
55452.0 1100\40050810.3
Mayor of the City of San
Clemente, California
6-7-22 I 10B-7
STA TE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN CLEMENTE
)
) ss.
)
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. ___ having been regularly introduced at the meeting of ______ , 2022, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of __ , 2022, and said ordinance was adopted 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 _____ , 2022.
APPROVED AS TO FORM:
CITY ATTORNEY
55452.01100\400508 I0.3
CITY CLERK of the City of
San Clemente, California
6-7-22 I 10B-8
(
Department:
Prepared By:
Subject:
ATTACHMENT 2
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: May 3. 2022
Community Development
Adam Atamian, Deputy Community Development Directo(l.
BICYCLE REPAIR ORDINANCE.
Agenda Item \ D-A
Approvals:
City Manager ~
Dept. Hea _-_, =-~-~=-{) -..
Attorney +7-1-1---
Finance
Fiscal Impact: None.
Summary: Staff seeks direction whether to initiate an amendment to the San Clemente Municipal Code to regulate bicycle repairs in public.
Background: At the City Council meeting of February 15, 2022, the Council directed staff to submit a potential ordinance to regulate bicycle repairs in public to the Public Safety Committee for consideration. At the Public Safety Committee meeting of March 22, 2022, the Committee voted 3-0-1 to recommend that Council not initiate a municipal code amendment to regulate bicycle repairs in public.
Discussion: The Public Safety Committee discussed the potential to amend the San Clemente Municipal Code to address bicycle repairs in public with input from the Chief of San Clemente Police Services and the Deputy Community Development Director, who oversees the Code Compliance Division and Park Rangers. The discussion was based on the review of an ordinance adopted by the City of Long Beach, provided as an example of the City's options to regulate bicycle repair. The Long Beach ordinance is provided as Attachment 1, for reference.
Recommended
While the Public Safety Committee's discussion identified that bicycle theft and the accumulation of bicycles occurs on public property, the Committee did not find that an ordinance to address bicycle repairs in public would have a significant impact on these issues. Further, the Committee indicated that issues of enforcement appeared likely if such an ordinance was to be adopted by the Council.
Action: STAFF RECOMMENDS THAT the City Council provide direction to staff whether to initiate an amendment to the San Clemente Municipal Code to regulate bicycle repairs in public.
Attachments: 1 Long Beach Ordinance 18-0027, to Regbllat0 Bicycle Repairs in Public Notification: None.
Community Development Agenda Report
5-3-22 I 1 0A-1
6-7-22 I 10B-9
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10 ORDINANCE NO. ORD-18-0027
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH AMENDING THE LONG BEACH
MUNICIPAL CODE BY ADDING CHAPTER 10.49
RELATING TO THE PROHIBITION ON REPAIRS AND
SALES OF BICYCLES AND BICYCLE PARTS ON PUBLIC
PROPERTY
WHEREAS, the City of Long Beach is a leading city in providing bicycle ~ 11 infrastructure.and encouraging the use of bicycles in daily transportation for commuting (u >, g Q) u: 12 and recreational purposes; and ii§ E £ (6 oil~ CD ~ <( ~-~ 13 WHEREAS, still, reported bicycle thefts in Long Beach averaged over 700 <(~'Ea
>- u ~ ~ t: z~ ~ 14 instances per year between 2011 and 2016, and statistics show the number of actual U-)2 o (.) UJ 0:: 00 •
j:: ~ ~ tj 15 thefts is likely much greater; and IL(/) !'J a, oworo ~~'Hi g, 16 WHEREAS, many of these bicycles are also dismantled in public areas and u::~s.9
~ u i:i 17 sold within days of being stolen, and, thus, there is a narrow window for bicycles to be "'
18 recovered while they ar~ being taken apart in public spaces before being sold; and 19 WHEREAS, such open-air "bike chop shops" can be seen throughout the 20 City, but confronting the illegal activities this practice supports is difficult without better 21 tools to reduce the occurrences; and
22 WHEREA,S, prohibiting such activity and allowing removal_ of bicycles 23 and/or bicycle parts from the public right-of-way and public property will help clear the 24 public right-of-way and public property, prevent unauthorized commercial activity in these 25 areas, and; if any items are lost or stolen, restore such items to their lawful owners and 26 deter future bicycle theft; and
27 WHEREAS, in furtherance of this effort, on February 13, 2018, the City 28 Council requested the City Attorney to draft an ordinance to prohibit the assembly, 1 MJK:mb A 18-00499 (09-24-18)
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1 disassembly, sale, offer of sale, distribution, or offer of distribution of bicycles and bicycle 2 parts on public property or public right-of-way, under certain conditions and with certain 3 exceptions;
4 NOW, THEREFORE, the City Council of the City of Long Beach ordains as 5 follows;.
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28 Section 1. Chapter 10.49 entitled "Prohibition on Repairs and Sales of Bicycles and Bicycle Parts on Public Property" is hereby added to the Long Beach Municipal Code to read as follows:
CHAPTER 10.49
PROHIBITION ON REPAIRS AND SALES OF BICYCLES AND BICYCLE PARTS ON
PUBLIC PROPERTY
10.49.010 - Repairs and sales on public property prohibited. l::xcept where otherwise stated in this Chapter, no person shall assemble, disassemble, sell, offer to sell, distribute, offer to distribute, or store the following. items on any street, sidewalk, alley, public passageway, public right-of-way, public beach, public park, or other public property within the City:
A. Three (3) or more bicycles;
B. A bicycle frame with the gear cables or brake cables cut; C. Two (2) or more bicycles with missing parts (the term "parts" shall mean handlebars, wheels, forks, pedals, cranks, seats, or chains); or D. Five (5) or more bicycle parts.
10.49.020- Exceptions.
The prohibition contained in Section 10.49.010 of this Chapter shall not apply in any of the following situations:
MJK:mb A18-00499 (09-24-18)
00931602.doc
2 5~3-22 I 1 0A-3
6-7-22 I 10B-11
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28 A. An individual is operating under a valid City of Long Beach License or Permit authorizing such activities.
B. The owner of a bicycle or bicycle part is present during the repair of his or her single bicycle or bicycle part. Supporting evidence for a claim of lawful ownership may include, but is not limited to, .video or photographic evidence, a bill of sale, the correct serial number, bicycle registration,· and the like.
10.49.030- Severability.
If any section, subsection, sentence, clause, phrase, or word of this Chapter 10.49, or any application thereof to any perso_n or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
Section 2. The City Clerk shall certify to the passage of this ordinance by the City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
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MJI<:mb A18-0041l9 (09-24·1 B)
009316D2.doc
3 5-3-22 I 1 0A-4
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1 I hereby certify that the foregoing ordinance was adopted by the City 2 Council of the City of Long Beach at its meeting of October 9 , 2018, by the following 3 4
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28 vote:
Ayes: Councilmembers: Pearce, Price, Supernaw, Uranga,
Richardson, Andrews,
Noes: Counoilmembers: None. --"'-'-~--------------
Absent: Council members: Gonzalez' Mungo' Austin.
lerk
Approved: l~{((/d ' ( te) ~ Mayor
MJK:mb A18-00•199 (09-24-18)
00931602.doc
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AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Agenda Item lbG
Approvals:
City Manager
Dept. Head -=-------
Attorney C"J ,,., v
Fina~c:e ~'7: _ .
+ H ttRWhM tttiMftWWt& P iii& Mi es ' MHMM MAMtWftttrtt we ___,., - ~ Department: Beaches, Parks & Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject: CONTINUATION OF PICKLEBALL AT SAN GORGON/0 PARK Fiscal Impact: None to receive and file.
Summary: This report provides an overview of pickleball at San Gorgonio Park.
Background: At its December 21, 2021, the City Coundl reviewed an Administrative Report concerning the use of pickleball at San Gorgonio Park (Attachment 1 ). Council voted (4-1) to:
Discussion:
1. Limit hours of pickleball play to 7 a.m. to dusk, Monday through Friday, and 8 a.m. to dusk, Saturday and Sunday.
2. Approve the purchase and installation of noise-reducing windscreens at the pickleball courts.
3. Direct staff to obtain decibel readings at the property line across the street from the pickleball courts before and after the installation of noise-reducing windscreens.
4. Prohibit the issuance of Special Event Permits for pickleball purposes at San Gorgonio Park.
5. Incorporate the site-specific master plan updates to San Gorgonio Community Park and Richard T. Steed Memorial Park related to pickleball improvements into the FY 2022-23 CIP Budget.
6. Prioritize the construction of at least fou r pickleball courts at Steed Park before other park construction projects.
7. Provide an analysis of the noise impacts on the recommended master plan site update for San Gorgonio Park prior to construction.
At its May 3, 2022 meeting, the City Council (Ferguson, Knoblock, James) agendized the consideration of the continuation of pickleball at San Gorgonio Park through the summer of 2022 and directed staff to provide historical details on pickleball classes/scheduling.
Pickleball Classes
The Recreation Division has offered pickleball classes since Winter 2016, prior to the City designating pickleball courts at any park. The initial program operated on the Bonito Canyon Park basketball courts with the contract instructor placing temporary BP&R Administration Agenda Report
6-7-22 I 10C-1
: :'./{?:: Agenda Report . • :, l ,.' • '
• lines weekly on the court. In January 2018 classes were atjdee;Ho.San Gorgonio Park to minimize conflicts with Boys & Girls Club operations:. • •. • .... • . -" • In December 2018, classes were added to San Luis Rey Park alongside existing San • GdrgoniOPark offeririgs·upori.-completion ·of the dLial,;lined cc>'Lirts··at"b6th sites and the · initiation of the pickleball pilot program. Pickleball classes transitioned exclusively to San Gorgonio Park in November 2019 with the decommission of pickleball courts at • Recommended
San Luis Rey Park. •
Pickleball classes are .currently limited to 12 players per class and are offered at nonpeak times to avoid adverse impacts on the public drop-in play. Since the inception of pickleball classes, courses average 82% capacity with an average waitlist of 11 people per class. Of the total participants in these classes, 81 % are San Clemente residents, consistent with most recreation class registration. All non-resident participants pay an additional $3 non-resident fee.
Noise reduction screens and sound study
Sound reduction screens were installed at the end of March 2022.
Per Council direction, staff performed a sound study prior to the installation of the noise barriers and post-installation. The post-studies demonstrated that there was a reduction in noise affecting the homes across the street upon screen installation.
It is important to note that this type of sound test is not definitively conclusive in determining specific noise levels created from individual activities due to the diverse sound sources that exist within parks and open spaces. In particular, sound at San Gorgonio Park at any given time may include sound from the 1-5 freeway, picnic activities and rentals, tennis/pickleball, multi-sport games, playground users, vehicle traffic on Avenida Vaquero and surrounding streets, and general park users.
Action: STAFF RECOMMENDS THAT the City Council receive and file the report.
Attachments: 1. Staff Report, City Council Meeting dated December 21, 2021 6-7-22 / 10C-2
C
Department:
Prepared By:
Subject:
;,;,C;I\! CLEl' ll::i\lTE Ci f Y Ci )U i'-IC i I iVIEt:=:-f ii-,1, .~ Meeting Date Decernber 2 ·1, 202 -1
Beaches , Parks 8, Recreation
Samantha Wylie, Beaches, Parks & Recreation Director
1 ~\'cit:llda li:un ~ -
_' \,O prova/.s:
Attorney
Fi nance
SITE-SPECIFIC MASTER PLAN R EVIEW AND UPDATE FOR SAN GORGONIO PARK Fiscal Impact: Yes The aclcl ition of noise rnducing windscreens is estimated at $35,000.
Summary: At the Decmber 7, 2021 City Council meeting , the City Council directed staff to bring back the updated San Gorgonio Park Site Specific Plan to review and to discuss pid~leball activities at San Gorgonio Park (SG)
BacAgrounoJ: At its March 2, 2021 meeting, the City Cou11cil awarded a contract to SWA, a landscape architect firm, to updc1te five site-specific park rnaster plans for Bonito Canyon Park, Linda Lane Park, Richard T Steecl IV!ernorial Par!,, San Gorgonio Park , and San Luis Rey Park.
Discussion:
The first draft conceptual designs were released wl,ich included the recommended addition of pickleba/1 courts to t!le outfield area of field # t closer to the freeway c:1 t SG.
Cornments were received regarding the first draft that additional pickleball at SG should not be considered . The second draft conceptual designs were then drafted incorporating feedback from the public.
At its December 14, 2021 meeting, the Beaches , Parks and Recreation Commission considered the second draft conceptual designs of the park master plans. The second draft designs 1·ecom111end a pickleball hub be established at Richard T. Steed Memorial Park, while the number of pick leba/1 courts at SG be reduced to four and moved to the outfield area of field #1 closer to the freeway. The Commission recommended approval of the second cl raft designs of SG including the exploration of noise abatement opportunities at existing pickleball courts in the interim .
During the course of the site-specific master plan updates, staff received concerns regarding noise from the pickleball courts at SG. Based on some preliminary review, staff have identified some options that were found that may reduce the noise from pickleball courts : installing noise-dampening windscreens, and instituting the requirement of paddles and balls manufactured to reduce sound. It is important to note, that enforcement of a requirement of paddles and balls would be challenging In addition to these modifications, a review of the couIi hours of operation could be considered to reduce early morning playtimes. Cu1Tently, the pickleball courts are open at regular pa1·k hours , 6 am to ·10 pm As there me no lights on the courts. play Recn" at10 11 Agenda Report 12-21-21 / 9F-1
6-7-22 I 10C-3
Agenda Report
Recommended
Page2
occurs during daylight hours. Staff recommends reducing hours of play to 8 am to dusk, daily.
Action: STAFF RECOMMENDS THAT Cquncil
1.) Approve a supplemental appropriation of from the Unassigned Fund Balance to the Parks Maintenance of Other Facilities Account #001-635-43470 in the amount of $35,000 for the purchase of noise reducing windscreens; and
2.) Reduce hours of pickleball play to 8 am to dusk, daily; and
3.) Direct staff to incorporate the site-specific master plan updates of San Gorgonio Park and Richard T. Steed Memorial Park related to pickleball improvements into the FY 2022-23 GIP Budget.
Attachments: Site-Specific Master Plan Update - Second Draft Conceptual Drawings, San Gorgonio Park and Richard T. Steed Memorial Park
Notification: Interested Parties
12-21-21 / 9F-2
6-7-22 I 1 OC-4
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/;roposed Concept Elements
0 Pi ckle Ball Courts (Illuminated)
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Double Fenced Dog Park
0 Dog Park Entrance with Double Gate I G New Planting and Grading ~ 1 , 0 Relocated Half Basketball Court
0 Refresh Existing Restrooms I
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0 Drop Off Area
0 Pi cnic Tree Grove
f) Enhanced Picnic Area
f/) New Play Area Seating
G Proposed Trees , Typical
8 Proposed Shade Trees, Typical (To Shade Bleachers)
G> Expanded Parking Lot - 126 Existing Parking Spaces - 167 Proposed Parking Spaces G> Skateboard Plaza G ReAligned Entry Road
C) Scenic Overlook and Shade Structure
Existing Elements to Remain
0 Illuminated Baseball Field (New Turf)
© Baseball Batting Cages
© Illuminated Junior Baseball/Softball Field (New Turf) @ Illuminated MultiPurpose/ Soccer Field (New Turf)
© Illuminated Full Basketball Court
0 Illuminated Half Basketball Court
© Playground
0 Existing Parking to Remain
0 Tennis Courts (New Lighting to be added. Courts t.o
be Re-Surfaced as Tennis Courts Only)
0 Existing Trees, Typical
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G) Baseball & Softba ll Fields (New Turf)
© Baseball & Softball Hub
Proposed Concept Elements
8 Skateboard Hub
e Mountain Bike Hub
0 Scenic Overlook and Trel lis
0 Activity Meadows
e Pick leball Court Plaza
0 Restroom St ructure
0 Pic kl eball Shade Struct ure
C, (16) Pick!eball Cou rts
O Stair. Connection to
Possible Future Parking Lot
C9 Acce.ssible Ramp to
Possible Future Parking Lot
C, Possible Future Pa rking Lot
C9 Proposed Trees, Typical
G, (4) Volleyball Courts
4D Outdoor Classroom
e Fenced Large Dog Park
e Fenced Smal l Dog Park
e Dog Park Entrance with
Double Gate
C) Dog Park Shade Structu re
G) Pa rking Lot
- 233 Existing Parking Spaces
- 333 Proposed Parking Spaces fl Add Alternative : Provide ~olar Shade Structures at Parking Lo t
- Updated Field Lighting
e Foul Ball Netting
e Baseball Scoreboa rds
O Proposed Shade Tree , Typical
(To Shade Bleachers)
Department:
Prepared By:
Subject:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
Community Development/ Code Compliance Division
Adam Atamian, Deputy Community Development Director@,
Agenda Item \D D
Approvals:
City Manager ~'? A(.
Dept. Head@(f« c_~~
Attorney C..I
Finance---(' ~ '--"
STAFF AUTHORITY To SEIZE FLAMMABLE ITEMS FROM OPEN SPACE AREAS.
Fiscal Impact: None to receive and file this report.
Summary: The San Clemente Municipal Code (SCMC) provides authority to City staff to seize personal property that creates a safety hazard to nearby persons or property. Staff recommends the City Council receive and file this report.
Background: On May 25, 2022, the City Council directed staff to draft an ordinance to authorize the City's Code Compliance and Park Ranger staff to seize flammable items discovered in open space areas of the City, and to utilize unmanned aircraft (drones) to proactively inspect such open space areas. Staff anticipates returning to Council at the June 21 meeting with additional information related to the use of drones by City staff to facilitate proactive open-space inspections.
Discussion: The San Clemente Municipal Code (SCMC) provides City staff with the authority to immediately address various issues affecting public safety, including the removal of flammable items improperly maintained or located in areas which create an exigent safety circumstance. This authority is provided in two sections of the SCMC, and cover both public and private property nuisance abatement.
Recommended
For public property, SCMC Chapter 12.18 - Public Storage of Personal Property, allows City staff to immediately remove items which are abandoned or present a health and safety risk.
For private property, the International Property Maintenance Code (IPMC), as adopted in SCMC Chapter 8.78 - Property Maintenance, permits City staff to immediately abate nuisance conditions that create an imminent danger on private property. This authority, granted under IPMC Section 109.2-Emergency Measures, allows City staff to take certain and limited actions necessary to remove an imminent danger.
Action: STAFF RECOMMENDS THAT the City Council receive and file this report.
Attachments: None.
Notification: None.
Community Development Agenda Report
6-7-22 I 10D-1
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Department:
Prepared By:
Subject:
Fiscal Impact:
Summary:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
City Clerk .~
Joanne Baade, City Clernp• • ·-
Agenda Item \ D'6
Approvals:
City Manager fS ~
Dept. Head _ _ _
Attorney c;:r
Finance .::::)R,
REVISED CALLING OF GENERAL MUNICIPAL ELECTION OF NOVEMBER 8, 2022 TO INCLUDE
BALLOT MEASURES RELATING TO MAKING THE CITY TREASURER AND CITY CLERK
APPOINTIVE
Yes, a total of $134,000 is included in the City Clerk Department's draft budget for FY 2022/23 to cover the cost to conduct the General Municipal Election of November 8, 2022 for the purpose of filling three upcoming vacancies in the office of Member of the City Council. If Council desires to add two measures to the November 8, 2022 ballot relating to transitioning the City Treasurer and City Clerk offices to appointive positions, then Council will need to approve a supplemental appropriation of $17,000 to cover that additional election expense.
The City Council, at its meeting of May 3, 2022, called the General Municipal Election of November 8, 2022 for the purpose of electing three Members of the City Council for full four-year terms. Council also adopted a resolution requesting that the City's General Municipal Election be consolidated with the election being conducted on the same date by the Orange County Registrar of Voters.
At its meeting of May 25, 2022, Council expressed an interest in possibly adding two measures to the General Municipal Election that would ask the voters of San Clemente whether the City Treasurer and City Clerk offices shall be appointive, rather than elective. If Council determines to add the subject measures to the ballot, Council will need to adopt a new resolution to call the election and also adopt a new resolution to request consolidation with the County. Both of these resolutions need to reflect the newly added ballot measures. Council will also need to adopt resolutions setting deadlines and priorities for filing written arguments for each measure and also determine whether optional resolutions should be adopted to allow for rebuttals.
If a majority of voters approve either of these measures, the City Council would usually appoint the City Treasurer and/or City Clerk going forward. However, Government Code §36510 also allows the City Council to vest appointment authority with the City Manager by ordinance. The office(s) shall be filled by appointment upon the earlier of either a vacancy in the office or the expiration of the current term of office of an incumbent (i.e., December 2024).
City Clerk Agenda Report 6-7-22 I 10E-1
Agenda Report
Recommended
Pursuant to State law, the ballot measures would appear on the ballot as follows: ( [Insert Measure Letter] San Clemente,
Appointive City Treasurer YES
Shall the office of City Treasurer be
appointive? NO
[Insert Measure Letter] San Clemente,
Appointive City Clerk YES
Shall the office of City Clerk be
appointive? NO
If Council desires to add the subject ballot measures to the General Municipal Election ballot of November 8, 2022, the City Clerk recommends that Council adopt resolutions to: 1) call the General Municipal Election for November 8, 2022, that will include the election of three Members of the City Council as well as the two ballot measures identified in this report; 2) request that the County Board of Supervisors allow the City to consolidate its election with the General Election being conducted by the County of Orange on the same date; 3) adopt priorities for filing written arguments for the two ballot measures, either with or without impartial analyses to be prepared by the City Attorney. Optional resolutions are also presented for Council's consideration which, if adopted, would allow for the filing of rebuttals to direct arguments that are filed with regard to the ballot measures.
Action: City Clerk RECOMMENDS THAT the City Council take action as follows:
1 . Resolution Calling the Election (Attachment 1)
Adopt Resolution No. 22-18 entitled A REVISED RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CALLING FOR
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE ELECTION OF CERTAIN OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES, AND FOR THE
SUBMISSION TO THE VOTERS OF MEASURES RELATING TO 1)
TRANSITIONING THE CITY TREASURER TO AN APPOINTIVE POSITION, AND 2) TRANSITIONING THE CITY CLERK TO AN APPOINTIVE POSITION, AND REPEALING RESOLUTION NO. 22-13.
6-7-22 / 10E-2
Agenda Repo1t Page 3
2. Resolution Requesting Election Consolidation (Attachment 2) Adopt Resolution No. 22-19 entitled A REVISED RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, REQUESTING
THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 8, 2022, WITH THE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE, AND REPEALING RESOLUTION NO. 22-14.
3. Measure to Transition the City Treasurer to an Appointive Position Determine if Council wishes to appoint a Council Subcommittee (consisting of one or two of its members) to submit an argument, on behalf of the City Council, concerning the measure questioning whether the office of City Treasurer shall be appointive and direct that this information be incorporated into Resolution No. 22- 20 (below). By taking this action, the California Elections Code guarantees that Council's argument will be selected for printing in the Voter Information Guide in the event more than one argument in favor of the measure is submitted to the City Clerk. Then adopt Resolution 3(a) if Council wishes to direct the City Attorney to prepare an Impartial Analysis to be printed in the Voter Information Guide, or Resolution 3(b) if an Impartial Analysis is not desired:
(a) Resolution Setting Argument Priorities and Authorizing an Impartial Analysis (Transitioning City Treasurer to Appointive Position) (Attachment fil
Resolution No. 22-20 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, SETTING DEADLINES
AND PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A
CITY MEASURE TRANSITIONING THE CITY TREASURER TO AN
APPOINTIVE POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
OR
(b) Resolution Setting Argument Priorities but NOT Authorizing an Impartial Analysis (Transitioning City Treasurer to Appointive Position) (Attachment 11 Resolution No. 22-20 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, SETTING DEADLINES
AND PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A
CITY MEASURE TRANSITIONING THE CITY TREASURER TO AN
APPOINTIVE POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,
2022.
6-7-22 I 10E-3
Agenda Report Page 4
(c) Optional Resolution Allowing Rebuttals (Transitioning City Treasurer to Appointive Position) (Attachment 5)
If desired, adopt Resolution No. 22-21 entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR OR
AGAINST A CITY MEASURE TRANSITIONING THE CITY TREASURER
TO AN APPOINTIVE POSITION TO BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022.
If the above Resolution is adopted, the California Elections Code authorizes the person, or majority of the persons, who signed the direct argument to also sign and submit a rebuttal argument. The rebuttal argument would be signed in the same fashion as the direct argument (i.e., including the names and titles of the Council Subcommittee members, followed by the words "on behalf of the City Council" if the Council files a rebuttal). In lieu of submitting a rebuttal argument, the California Elections Code also allows the person, or majority of the persons, who signed the direct argument, to submit to the City Clerk the names of a maximum of five other persons who are authorized to prepare, submit, or sign the rebuttal argument.
4. Measure to Transition the City Clerk to an Appointive Position Determine if Council wishes to appoint a Council Subcommittee (consisting of one or two of its members) to submit an argument, on behalf of the City Council, concerning the measure questioning whether the office of City Clerk shall be appointive and direct that this information be incorporated into Resolution No. 22- 22 (below). By taking this action, the California Elections Code guarantees that Council's argument will be selected for printing in the Voter Information Guide in the event more than one argument in favor of the measure is submitted to the City Clerk. Then adopt Resolution 4(a) if Council wishes to direct the City Attorney to prepare an Impartial Analysis to be printed in the Voter Information Guide, or Resoiution 4(b) if an Impartial Analysis is not desired:
(a) Resolution Setting Argument Priorities and Authorizing an Impartial Analysis (Transitioning City Clerk to Appointive Position) (Attachment 6) Resolution No. 22-22 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, SETTING DEADLINES
AND PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A
CITY MEASURE TRANSITIONING THE CITY CLERK TO AN
APPOINTIVE POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS.
OR
6-7-22 / 10E-4
Agenda Report Page 5
(b) Resolution Setting Argument Priorities but NOT Authorizing an Impartial Analysis (Transitioning City Clerk to Appointive Position) (Attachment 7) Resolution No. 22-22 entitled A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN CLEMENTE, CALIFORNIA, SETTING DEADLINES
AND PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A
CITY MEASURE TRANSITIONING THE CITY CLERK TO AN
APPOINTIVE POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,
2022.
(c) Optional Resolution Allowing Rebuttals (Transitioning City Clerk to Appointive Position) (Attachment 8)
If desired, adopt Resolution No. 22-23 entitled A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR OR
AGAINST A CITY MEASURE TRANSITIONING THE CITY CLERK TO AN
APPOINTIVE POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8,
2022.
If the above Resolution is adopted, the California Elections Code authorizes the person, or majority of the persons, who signed the direct argument to also sign and submit a rebuttal argument. The rebuttal argument would be signed in the same fashion as the direct argument (i.e., including the names and titles of the Council Subcommittee members, followed by the words "on behalf of the City Council" if the Council files a rebuttal). In lieu of submitting a rebuttal argument, the California Elections Code also allows the person, or majority of the persons, who signed the direct argument, to submit to the City Clerk the names of a maximum of five other persons who are authorized to prepare, submit, or sign the rebuttal argument.
5. Supplemental Appropriation
Approve a supplemental appropriation of $17,000 to Election Costs (Account 001- 133-44510-000-00000).
Attachments: 1. Resolution No. 22-1 8 calling election
2. Resolution No. 22-19 requesting election consolidation
3. Resolution No. 22-20 setting priorities for filing written arguments regarding transitioning the City Treasurer to an appointive position (and directing the City Attorney to prepare an impartial analysis)
4. Resolution No. 22-20 setting argument priorities regarding transitioning the City Treasurer to an appointive position (but not directing the City Attorney to prepare an impartial analysis)
5. Resolution No. 22-21 providing for filing of rebuttal arguments regarding the measure to transition the City Treasurer to an appointive position 6-7-22 / 10E-5
Agenda Report Page 6
6. Resolution No. 22-22 setting argument priorities regarding transitioning the City Clerk to an appointive position (and directing the City Attorney to prepare an impartial analysis)
7. Resolution No. 22-22 setting argument priorities regarding transitioning the City Clerk to an appointive position (but not directing the City Attorney to prepare an impartial analysis)
8. Resolution No. 22-23 providing for filing of rebuttal arguments regarding the measure to transition the City Clerk to an appointive position Notification: Mark Taylor, City Treasurer
\\cf\dala\ch\cityclerk\securelmy wordlelection2022-adminreportaddingmeasures.docx 6-7-22 I 10E-6
RESOLUTION NO. 22-18
A REVISED RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN CLEMENTE, CALIFORNIA, CALLING FOR
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO
BE HELD ON TUESDAY, NOVEMBER 8, 2022 FOR THE
ELECTION OF CERTAIN OFFICERS AS REQUIRED BY
THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES, AND
FOR THE SUBMISSION TO THE VOTERS OF MEASURES
RELATING TO 1) TRANSITIONING THE CITY TREASURER
TO AN APPOINTIVE POSITION, AND 2) TRANSITIONING
THE CITY CLERK TO AN APPOINTIVE POSITION, AND
REPEALING RESOLUTION NO. 22-13.
Attachment 1
WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 8, 2022, for the regularly-scheduled election of three Members of the City Council (each for a full fouryear term); and WHEREAS, the City Council also desires to submit to the voters at the General Municipal Election two questions/measures relating to the following: 1) Whether the office of City Treasurer shall be appointive; and 2) Whether the office of City Clerk shall be appointive.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of San Clemente, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing three Members of the City Council (for full terms of four years).
Section 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question/measure, relating to whether the office of City Treasurer shall be appointive:
[Insert Measure Letter] San
Clemente, Appointive City YES
Treasurer
Shall the office of City Treasurer be NO
appointive?
6-7-22 I 10E-7
Resolution No. 22-18 Page 2
Section 3: That the City Council, pursuant to its right and authority, does order ( submitted to the voters at the General Municipal Election the following question/measure relating to whether the office of City Clerk shall be appointive:
[Insert Measure Letter] San
Clemente, Appointive City Clerk YES
Shall the office of City Clerk be
appointive? NO
Section 4: That the proposed complete text of the measure proposing to transition the City Treasurer to an appointive position is attached as Exhibit A, and the proposed complete text of the measure proposing to transition the City Clerk to an appointive position is attached as Exhibit B.
Section 5: That the vote requirement for the two measures specified above to pass is a majority (50%+1) of the votes cast.
Section 6: That the ballots to be used at the election shall be in the form and content as required by law.
Section 7: That the City Clerk is authorized, instructed and directed to coordinate with the County of Orange Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.
Section 8. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote-by-mail procedures and timing, the election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Orange.
Section 9. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.
Section 10. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. 6-7-22 / 10E-8
Resolution No. 22-18 Page 3
Section 11. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill.
Section 12. Resolution No. 22-13, adopted by the City Council on May 3, 2022, is hereby repealed in its entirety.
Section 13. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this __ day of ____ , 2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN CLEMENTE )
MAYOR of the City of
San Clemente, California
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-18 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, this ___ day of _______ , 2022.
CITY CLERK of the City of
San Clemente, California
6-7-22 I 10E-9
Resolution No. 22-18 Page4
Approved as to form:
City Attorney
\\cf\data\ch\cityclerklsecure\my word\election2022-revisedresocallingelection.doc 6-7-22 / 10E-10
Full Text of Measure --
ORDINANCE NO. -----
AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, ENACTING A NEW CHAPTER 2.14
OF TITLE 2 OF THE SAN CLEMENTE MUNICIPAL CODE
ESTABLISHING THE APPOINTIVE OFFICE OF CITY
TREASURER, SUBJECT TO APPROVAL OF A MAJORITY OF
THE ELECTORS VOTING ON THE MEASURE AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8,
2022
Exhibit A
WHEREAS, pursuant to California Government Code Section 36502, the office of San Clemente City Treasurer is currently an elective office; and WHEREAS, Government Code Section 36508 and Elections Code Section 9222 authorize the City Council to submit to the electors the question of whether the elective City Treasurer shall be an appointive office and, if a majority of voters voting on the measure approve it, the office shall become appointive; and
WHEREAS, an appointive City Treasurer gives the City the ability to recruit candidates for the office of City Treasurer who have the requisite training, skills and experience necessary to fulfill the important responsibilities of the office of City Treasurer; and WHEREAS, on June 7, 2022, pursuant to State law, the City Council adopted Resolution No. 22-18, submitting this ordinance to the voters at the General Municipal Election on Tuesday, November 8, 2022; and
WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, the People of the City of San Clemente do ordain as follows:
Section 1 :. Chapter 2.14 of Title 2 of the San Clemente Municipal Code is hereby enacted to read as follows:
"Chapter 2.14- CITY TREASURER
2.14.010- Office established -Appointment and compensation.
Pursuant to California Government Code Sections 36501 and 36508, there is hereby established the office of City Treasurer. The City Treasurer shall be appointed by, and shall serve at the pleasure of, the City Council and shall not be required to be a resident or elector of the City. The City Treasurer shall receive such compensation as shall be fixed from time to time by resolution or ordinance of the City Council. Notwithstanding the above, pursuant to City Clerk Agenda Report
55452.01100\30590906.2
6-7-22 I 10E-11
Agenda Report Page 2
Government Code Section 36510, the City Council may, by ordinance, vest in the City Manager its authority to appoint the City Treasurer.
2.14.020- Bond requirement.
Pursuant to California Government Code Section 36518, the City Treasurer shall furnish a corporate surety bond to be approved by the City Council in a reasonable amount recommended by the City Attorney and fixed by the City Council, by resolution, and may be changed during the City Treasurer's term of office. The bond shall be conditioned upon the satisfactory performance of the duties imposed upon the City Treasurer by statute, ordinance, or resolution. Any premium for such bond shall be a proper charge against the City.
2.14.030- Powers and Duties
The City Treasurer shall have such powers and perform such duties as are prescribed by Sections 41001 through 41007 of the California Government Code and by any other provisions of law applicable to deposit, investment and safekeeping of public funds of the City." Section 2: If this ordinance is passed by a majority of San Clemente voters voting on the matter at the November 8, 2022 General Municipal Election, it shall take effect 10 days after the City Council declares and certifies the results of the election by resolution. The position of City Treasurer shall be filled by appointment thereafter upon the earlier of either a vacancy in the office or at the expiration of the current term of office of the incumbent (i.e., December 2024).
Section 3: If any part of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of the ordinance. The People declare that they would have adopted this ordinance, and each part of it, irrespective of the possibility that some part or parts of it might be declared invalid or unconstitutional.
Section 4: The City Clerk is hereby directed to publish this ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of San Clemente.
PASSED, APPROVED AND ADOPTED BY THE PEOPLE OF THE CITY OF SAN CLEMENTE this 8th day of November, 2022.
MAYOR of the City of
San Clemente, California
6-7-22 I 1 0E-12
Agenda Report
Full Text of Measure --
ORDINANCE NO. -···
AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, ENACTING A NEW CHAPTER 2.10
OF TITLE 2 OF THE SAN CLEMENTE MUNICIPAL CODE
ESTABLISHING THE APPOINTIVE OFFICE OF CITY CLERK,
SUBJECT TO APPROVAL OF A MAJORITY OF THE ELECTORS
VOTING ON THE MEASURE AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022
EXHIBIT B
WHEREAS, pursuant to California Government Code Section 36502, the office of San Clemente City Clerk is currently an elective office; and WHEREAS, Government Code Section 36508 and Elections Code Section 9222 authorize the City Council to submit to the electors the question of whether the elective City Clerk shall be an appointive office and, if a majority of voters voting on the measure approve it, the office shall become appointive; and
WHEREAS, an appointive City Clerk gives the City the ability to recruit candidates for the office of City Clerk who have the requisite training, skills and experience necessary to fulfill the important responsibilities of the office of City Clerk; and WHEREAS, currently the majority of California cities have appointive City Clerks; and WHEREAS, on June 7, 2022, pursuant to State law, the City Council adopted Resolution No. 22-18, submitting this ordinance to the voters at the General Municipal Election on Tuesday, November 8, 2022; and
WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, the People of the City of San Clemente do ordain as follows:
Section 1 :. Chapter 2.10 of Title 2 of the San Clemente Municipal Code is hereby enacted to read as follows:
"Chapter 2.10 - CITY CLERK
2.10.010 - Office established -Appointment and compensation.
Pursuant to California Government Code Sections 36501 and 36508, there is hereby established the office of City Clerk. The City Clerk shall be appointed by, and shall serve at the pleasure of, the City Council and shall not be required to be a resident or elector of the City. The City Clerk shall receive such compensation as shall be fixed from time to time by resolution or 6-7-22 I 10E-13
Agenda Repo11 Page4
ordinance of the City Council. Notwithstanding the above, pursuant to Government Code Section 36510, the City Council may, by ordinance, vest in the City Manager its authority to appoint the City Clerk.
2.10.020 - Bond requirement.
Pursuant to California Government Code Section 36518, the City Clerk shall furnish a corporate surety bond to be approved by the City Council in a reasonable amount recommended by the City Attorney and fixed by the City Council, by resolution, and may be changed during the City Clerk's term of office. The bond shall be conditioned upon the satisfactory performance of the duties imposed upon the City Clerk by statute, ordinance, or resolution. Any premium for such bond shall be a proper charge against the City.
2.10.030 - Powers and Duties
The City Clerk shall have the powers, duties and responsibilities granted to and imposed upon the office of the City Clerk pursuant to the following:
A. The provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the California Government Code (commencing with Section 40801 ), with the exception of the financial and accounting duties set forth in Government Code Sections 40802 through 40805; B. Other general laws of the State, with the exception of those financial powers and duties imposed upon the City Clerk by Title 4, Div. 3, Part 2, Chapter 4 of the California Government Code (commencing with Section 37201 ); C. The provisions of this Code; and
D. The ordinances and resolutions of the City Council.
The principal functions of the City Clerk shall be to:
A. Attend all meetings of the City Council and be responsible for the recording and maintenance of a record of all the actions of the Council; B. Keep all ordinances and resolutions of the Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attach to the original copy of each ordinance a certificate which shall state the date the ordinance was adopted and, as to an ordinance requiring publication and/or posting, that the ordinance has been published and/or posted in accordance with law; C. Keep all records of the Council and of the office of the City Clerk in such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed or reproduced and the original destroyed, in accordance with State law;
D. Serve as the official custodian of all City records; 6-7-22 / 10E-14
Agenda Report Page 5
E. Be the custodian of the seal of the City;
F.
the City Manager;
Prepare the Council agendas, in conjunction with and under the direction of G. Perform the duties prescribed by the California Elections Code in conducting municipal elections, except where said election duties are performed by the Orange County Registrar of Voters or similar agency;
H. Perform the duties imposed upon City Clerks by the California Political Reform Act;
I. Be responsible for the publication of all official advertising required by law with respect to matters coming before the City Council; J. Be responsible for the maintenance and distribution of the Municipal Code; K. Be responsible for accepting all claims filed against the City and its officers, agents or employees, pursuant to Chapters 1 and 2 of Part 3 of Division 3.6 of the California Government Code (commencing with Section 900) and Chapter 3.04 of Title 3 of this Code; and L. Perform such other duties consistent with this Code as may be required of the City Clerk by the City Council or City Manager."
Section 2: If this ordinance is passed by a majority of San Clemente voters voting on the matter at the November 8, 2022 General Municipal Election, it shall take effect 10 days after the City Council declares and certifies the results of the election by resolution. The position of City Clerk shall be filled by appointment thereafter upon the earlier of either a vacancy in the office or at the expiration of the current term of office of the incumbent (i.e., December 2024).
Section 3: If any part of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of the ordinance. The People declare that they would have adopted this ordinance, and each part of it, irrespective of the possibility that some part or parts of it might be declared invalid or unconstitutional.
Section 4: The City Clerk is hereby directed to publish this ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of San Clemente.
PASSED, APPROVED AND ADOPTED BY THE PEOPLE OF THE CITY OF SAN CLEMENTE this 8th day of November, 2022.
p:lmy documcntslmy wordlelecLion2022-ballotmeasures.docx MAYOR of the City of
San Clemente, California
6-7-22 / 10E-15
RESOLUTION NO. 22-19
A REVISED RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN CLEMENTE, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE
A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER
8, 2022, WITH THE GENERAL ELECTION TO BE HELD ON THAT
DATE PURSUANT TO SECTION 10403 OF THE CALIFORNIA
ELECTIONS CODE, AND REPEALING RESOLUTION NO. 22-14.
Attachment 2
WHEREAS, on June 7, 2022, the City Council of the City' of San Clemente adopted Resolution No. 22-18, calling a General Municipal Election to be held on November 8, 2022, for the purpose of electing three Members of the City Council, all for full four-year terms; and
WHEREAS, pursuant to the same Resolution, the City Council is also submitting to the voters two measures relating to the following: 1) Whether the office of City Treasurer shall be appointive; and 2) Whether the office of City Clerk shall be appointive; and
WHEREAS, it is desirable that the General Municipal Election be consolidated with the General Election to be held on the same date and that the precincts, voting methods (i.e., ballot drop boxes, vote centers and vote-by-mail balloting) and election officers of the two elections be the same, and that the County Election Department of the County of Orange canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of Section 10403 of the California Elections Code, the Board of Supervisors of the County of Orange is hereby requested to consent and agree to the consolidation of a General Municipal Election with the General Election on Tuesday, November 8, 2022, for the purpose of the election of three Members of the City Council, each for a full term of four years, as well as for the purpose of submitting to the voters two measures relating to the following: 1) Whether the office of City Treasurer shall be appointive; and 2) Whether the office of City Clerk shall be appointive.
SECTION 2. That the form for election of Member of the City Council is to appear on the ballot as follows:
6-7-22 I 1 0E-16
RESOLUTION NO. 22-19
CITY OF SAN CLEMENTE
Member of the City Council
Vote for no more than Three
E3 (Co,d;date name< to be ;n,e,ted along w;th a wdte-;n appartun;ty) SECTION 3. That the measure relating to whether the office of City Treasurer shall be appointive is to appear on the ballot as follows:
[Insert Measure Letter] San Clemente,
Appointive City Treasurer YES
Shall the office of City Treasurer be appointive?
NO
SECTION 4. That the measure relating to whether the office of City Clerk shall be appointive is to appear on the ballot as follows:
[Insert Measure Letter] San Clemente,
Appointive City Clerk YES
Shall the office of City Clerk be appointive?
NO
SECTION 5. That the proposed complete texts of the measures submitted to the voters are attached as Exhibits A and B.
SECTION 6. That the vote requirement for the measures identified above to pass is a majority (50%+1) of the votes cast.
SECTION 7. That the County Election Department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used . The election will be held and conducted in accordance with the provisions of law regulating the statewide election. The City acknowledges that the consolidated election will be held and conducted in the manner prescribed in California Elections Code Section 10418. 6-7-22 I 10E-1 7
RESOLUTION NO. 22-19 Page 3
SECTION 8. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election.
SECTION 9. That the City of San Clemente recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 10. Resolution No. 22-14, adopted by the City Council on May 3, 2022, is hereby repealed in its entirety.
SECTION 11. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the County Election Department of the County of Orange.
SECTION 12. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this __ day of ___ _ , 2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
MAYOR of the City of
San Clemente, California
6-7-22 / 10E-18
(
RESOLUTION NO. 22-19
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN CLEMENTE
)
) SS
)
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-19 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ___ day of _ _____ , 2022, 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 _ _____ , 2022.
Approved as to form:
City Attorney
CITY CLERK of the City of
San Clemente, California
\\cf\data\ch\cityclerk\secure\my word\election2022-revisedresorequestingconsolidation.doc 6-7-22 / 10E-1 9
Full Text of Measure --
ORDINANCE NO. -----
AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, ENACTING A NEW CHAPTER 2.14
OF TITLE 2 OF THE SAN CLEMENTE MUNICIPAL CODE
ESTABLISHING THE APPOINTIVE OFFICE OF CITY
TREASURER, SUBJECT TO APPROVAL OF A MAJORITY OF
THE ELECTORS VOTING ON THE MEASURE AT THE GENERAL
MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 8,
2022
Exhibit A
WHEREAS, pursuant to California Government Code Section 36502, the office of San Clemente City Treasurer is currently an elective office; and WHEREAS, Government Code Section 36508 and Elections Code Section 9222 authorize the City Council to submit to the electors the question of whether the elective City Treasurer shall be an appointive office and, if a majority of voters voting on the measure approve it, the office shall become appointive; and
WHEREAS, an appointive City Treasurer gives the City the ability to recruit candidates for the office of City Treasurer who have the requisite training, skills and experience necessary to fulfill the important responsibilities of the office of City Treasurer; and WHEREAS, on June 7, 2022, pursuant to State law, the City Council adopted Resolution No. 22-18, submitting this ordinance to the voters at the General Municipal Election on Tuesday, November 8, 2022; and
WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, the People of the City of San Clemente do ordain as follows:
Section 1:. Chapter 2.14 of Title 2 of the San Clemente Municipal Code is hereby enacted to read as follows:
"Chapter 2.14 - CITY TREASURER
2.14.010 - Office established - Appointment and compensation.
Pursuant to California Government Code Sections 36501 and 36508, there is hereby established the office of City Treasurer. The City Treasurer shall be appointed by, and shall serve at the pleasure of, the City Council and shall not be required to be a resident or elector of the City. The City Treasurer shall receive such compensation as shall be fixed from time to time by resolution or ordinance of the City Council. Notwithstanding the above, pursuant to City Clerk Agenda Report
55452.0 I 100\30590906.2
6-7-22 I 1 0E-20
Agenda Report Page 2
Government Code Section 36510, the City Council may, by ordinance, vest in the City Manager its authority to appoint the City Treasurer.
2.14.020 - Bond requirement.
Pursuant to California Government Code Section 36518, the City Treasurer shall furnish a corporate surety bond to be approved by the City Council in a reasonable amount recommended by the City Attorney and fixed by the City Council, by resolution, and may be changed during the City Treasurer's term of office. The bond shall be conditioned upon the satisfactory performance of the duties imposed upon the City Treasurer by statute, ordinance, or resolution. Any premium for such bond shall be a proper charge against the City.
2.14.030 - Powers and Duties
The City Treasurer shall have such powers and perform such duties as are prescribed by Sections 41001 through 41007 of the California Government Code and by any other provisions of law applicable to deposit, investment and safekeeping of public funds of the City." Section 2: If this ordinance is passed by a majority of San Clemente voters voting on the matter at the November 8, 2022 General Municipal Election, it shall take effect 10 days after the City Council declares and certifies the results of the election by resolution. The position of City Treasurer shall be filled by appointment thereafter upon the earlier of either a vacancy in the office or at the expiration of the current term of office of the incumbent (i.e., December 2024).
Section 3: If any part of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of the ordinance. The People declare that they would have adopted this ordinance, and each part of it, irrespective of the possibility that some part or parts of it might be declared invalid or unconstitutional.
Section 4: The City Clerk is hereby directed to publish this ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of San Clemente.
PASSED, APPROVED AND ADOPTED BY THE PEOPLE OF THE CITY OF SAN CLEMENTE this 8th day of November, 2022.
MAYOR of the City of
San Clemente, California
6-7-22 I 10E-21
Agenda Report
Full Text of Measure __
ORDINANCE NO. ----
AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, ENACTING A NEW CHAPTER 2.10
OF TITLE 2 OF THE SAN CLEMENTE MUNICIPAL CODE
ESTABLISHING THE APPOINTIVE OFFICE OF CITY CLERK,
SUBJECT TO APPROVAL OF A MAJORITY OF THE ELECTORS
VOTING ON THE MEASURE AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD TUESDAY, NOVEMBER 8, 2022
EXHIBIT B (
WHEREAS, pursuant to California Government Code Section 36502, the office of San Clemente City Clerk is currently an elective office; and WHEREAS, Government Code Section 36508 and Elections Code Section 9222 authorize the City Council to submit to the electors the question of whether the elective City Clerk shall be an appointive office and, if a majority of voters voting on the measure approve it, the office shall become appointive; and
WHEREAS, an appointive City Clerk gives the City the ability to recruit candidates for the office of City Clerk who have the requisite training, skills and experience necessary to fulfill the important responsibilities of the office of City Clerk; and WHEREAS, currently the majority of California cities have appointive City Clerks; and WHEREAS, on June 7, 2022, pursuant to State law, the City Council adopted Resolution No. 22-18, submitting this ordinance to the voters at the General Municipal Election on Tuesday, November 8, 2022; and
WHEREAS, all other legal prerequisites to the adoption of this ordinance have occurred.
NOW, THEREFORE, the People of the City of San Clemente do ordain as follows:
Section 1:. Chapter 2.10 of Title 2 of the San Clemente Municipal Code is hereby enacted to read as follows:
"Chapter 2.10 - CITY CLERK
2.10.010- Office established - Appointment and compensation.
Pursuant to California Government Code Sections 36501 and 36508, there is hereby established the office of City Clerk. The City Clerk shall be appointed by, and shall serve at the pleasure of, the City Council and shall not be required to be a resident or elector of the City. The City Clerk shall receive such compensation as shall be fixed from time to time by resolution or 6-7-22 / 1 0E-22
Agenda Repo1t Page 4
ordinance of the City Council. Notwithstanding the above, pursuant to Government Code Section 36510, the City Council may, by ordinance, vest in the City Manager its authority to appoint the City Clerk.
2.10.020 - Bond requirement.
Pursuant to California Government Code Section 36518, the City Clerk shall furnish a corporate surety bond to be approved by the City Council in a reasonable amount recommended by the City Attorney and fixed by the City Council, by resolution, and may be changed during the City Clerk's term of office. The bond shall be conditioned upon the satisfactory performance of the duties imposed upon the City Clerk by statute, ordinance, or resolution. Any premium for such bond shall be a proper charge against the City.
2.10.030 - Powers and Duties
The City Clerk shall have the powers, duties and responsibilities granted to and imposed upon the office of the City Clerk pursuant to the following:
A The provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the California Government Code (commencing with Section 40801), with the exception of the financial and accounting duties set forth in Government Code Sections 40802 through 40805; B. Other general laws of the State, with the exception of those financial powers and duties imposed upon the City Clerk by Title 4, Div. 3, Part 2, Chapter 4 of the California Government Code (commencing with Section 37201); C. The provisions of this Code; and
D. The ordinances and resolutions of the City Council.
The principal functions of the City Clerk shall be to:
A Attend all meetings of the City Council and be responsible for the recording and maintenance of a record of all the actions of the Council; B. Keep all ordinances and resolutions of the Council in such a manner that the information contained therein will be readily accessible and open to the public. The City Clerk shall attach to the original copy of each ordinance a certificate which. shall state the date the ordinance was adopted and, as to an ordinance requiring publication and/or posting, that the ordinance has been published and/or posted in accordance with law; C. Keep all records of the Council and of the office of the City Clerk in such manner that the information contained therein will be readily accessible and open to the public until such time as any of the records may be destroyed or reproduced and the original destroyed, in accordance with State law;
D. Serve as the official custodian of all City records; 6-7-22 I 1 0E-23
Agenda Report Page 5
E. Be the custodian of the seal of the City;
F.
the City Manager;
Prepare the Council agendas, in conjunction with and under the direction of G. Perform the duties prescribed by the California Elections Code in conducting municipal elections, except where said election duties are performed by the Orange County Registrar of Voters or similar agency;
H. Perform the duties imposed upon City Clerks by the California Political Reform Act;
I. Be responsible for the publication of all official advertising required by law with respect to matters coming before the City Council; J. Be responsible for the maintenance and distribution of the Municipal Code; K. Be responsible for accepting all claims filed against the City and its officers, agents or employees, pursuant to Chapters 1 and 2 of Part 3 of Division 3.6 of the California Government Code (commencing with Section 900) and Chapter 3.04 of Title 3 of this Code; and L. Perform such other duties consistent with this Code as may be required of the City Clerk by the City Council or City Manager."
Section 2: If this ordinance is passed by a majority of San Clemente voters voting on the matter at the November 8, 2022 General Municipal Election, it shall take effect 10 days after the City Council declares and certifies the results of the election by resolution. The position of City Clerk shall be filled by appointment thereafter upon the earlier of either a vacancy in the office or at the expiration of the current term of office of the incumbent (i.e., December 2024).
Section 3: If any part of this ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining parts of the ordinance. The People declare that they would have adopted this ordinance, and each part of it, irrespective of the possibility that some part or parts of it might be declared invalid or unconstitutional.
Section 4: The City Clerk is hereby directed to publish this ordinance at least once, within 15 days after the election results are certified, in a newspaper of general circulation published and circulated in the City of San Clemente.
PASSED, APPROVED AND ADOPTED BY THE PEOPLE OF THE CITY OF SAN CLEMENTE this 8th day of November, 2022.
p:\my documentslmy wordlelection2022-bnllotmeasures.docx MAYOR of the City of
San Clemente, California
6-7-22 / 10E-24
Attachment 3
RESOLUTION NO. 22-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, SETTING DEADLINES AND PRIORITIES
FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE
TRANSITIONING THE CITY TREASURER TO AN APPOINTIVE
POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS
WHEREAS, pursuant to City Council Resolution No. 22-18, a General Municipal Election is to be held in the City of San Clemente, California on November 8, 2022; and WHEREAS, the following measure will be submitted to the voters at the General Municipal Election:
[Insert Measure Letter) San Clemente, YES Appointive City Treasurer Shall the office of City Treasurer be appointive?
NO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes (i) the following member(s) of its body on behalf of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument not exceeding 300 words regarding the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The argument may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. 6-7-22 I 1 0E-25
RESOLUTION NO. 22-20
__________ (Council Member on behalf of the City Council) __________ (Council Member on behalf of the City Council)
SECTION 2. The argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an association/organization, the name of the association/organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. All arguments shall be filed with the City Clerk and shall be accompanied by a Form of Statement To Be Filed by Author(s) of Argument.
SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney:
a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure.
b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city.
c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10- point bold type, the following: "The above statement is an impartial analysis of Measure _. If you desire a copy of the measure, please call the election official's office at (949) 361-8345 and a copy will be mailed at no cost to you."
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 6-7-22 I 1 0E-26
(
RESOLUTION NO. 22-20 Page 3
PASSED, APPROVED AND ADOPTED on the _ _ day of ____ _
2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN CLEMENTE )
MAYOR of the City of
San Clemente, California
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-20 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 _______ _ Approved as to form:
City Attorney
p:\my documents\my wordlelection2022-treasurer(withanalysis). doc CITY CLERK of the City of
San Clemente, California
6-7-22 I 1 0E-27
Attachment4 (
RESOLUTION NO. 22-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, SETTING DEADLINES AND PRIORITIES
FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE
TRANSITIONING THE CITY TREASURER TO AN APPOINTIVE
POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022
WHEREAS, pursuant to City Council Resolution No. 22-18, a General Municipal Election is to be held in the City of San Clemente, California on November 8, 2022; and WHEREAS, the following measure will be submitted to the voters at the General Municipal Election:
[Insert Measure Letter] San Clemente, YES Appointive City Treasurer Shall the office of City Treasurer be appointive?
NO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes (i) the following member(s) of its body on behalf of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument not exceeding 300 words concerning the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The argument may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. 6-7-22 / 10E-28
RESOLUTION NO. 22-20 Page 2
_ _ ________ (Council Member on behalf of the City Council) __________ (Council Member on behalf of the City Council) SECTION 2. The argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an association/organization, the name of the association/organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be filed with the City Clerk and shall be accompanied by a Form of Statement To Be Filed by Author(s) of Argument.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on the __ day of ___ _ _
2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
MAYOR of the City of
San Clemente, California
6-7-22 I 1 0E-29
RESOLUTION NO. 22-20 Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-20 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 _ _____ . __ Approved as to form:
City Attorney
p:lmy documentslmy word\election2022-priorities(treasurer)noimpartial.doc CITY CLERK of the City of
San Clemente, California
6-7-22 / 10E-30
(
(
Attachment 5
RESOLUTION NO. 22-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, PROVIDING FOR THE FILING
OF REBUTTAL ARGUMENTS FOR OR AGAINST A CITY MEASURE
TRANSITIONING THE CITY TREASURER TO AN APPOINTIVE
POSITION, TO BE SUBMITTED TO CITY VOTERS AT A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022.
WHEREAS, §9282 of the Elections Code of the State of California provides for written arguments to be filed in favor or against city measures not to exceed 300 words in length; and
WHEREAS, §9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for or against city measures submitted at municipal elections; and WHEREAS, a General Municipal Election is to be held in the City of San Clemente, California, on November 8, 2022, to be held in consolidation with the November 8, 2022 General Election, at which there will be submitted to the voters the following measure:
[Insert Measure Letter] San Clemente, YES Appointive City Treasurer Shall the office of City Treasurer be appointive?
NO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure (not exceeding 300 words) which will be printed and distributed to the voters, the elections official shall immediately provide a copy of an argument in favor of the measure to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure. 6-7-22 I 10E-31
RESOLUTION NO. 22-21 Page 2
The author or .a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, ·or if submitted on behalf of an association/organization, the name of the association/organization, and the printed name and signature of at least one of its principal officers, not more than 1 O days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by a "Form of Statement to be Filed by Authors of Argument".
Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on November 8, 2022 and shall then be repealed.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this __ day of _ ___ , 2022.
ATTEST:
City Clerk of the City of
San Clemente, California
MAYOR of the City of
San Clemente, California
6-7-22 / 10E-32
(
RESOLUTION NO. 22-21
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN CLEMENTE
)
) ss
)
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-21 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 _______ _ Approved as to form:
City Attorney
p:\my documentslmy wordlelection2022-treasurer(rebuttal).doc CITY CLERK of the City of
San Clemente, California
6-7-22 I 1 0E-33
Attachment 6
RESOLUTION NO. 22-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, SETTING DEADLINES AND PRIORITIES
FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE
TRANSITIONING THE CITY CLERK TO AN APPOINTIVE POSITION, TO
BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8, 2022, AND DIRECTING
THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
WHEREAS, pursuant to City Council Resolution No. 22-18, a General Municipal Election is to be held in the City of San Clemente, California on November 8, 2022; and WHEREAS, the following measure will be submitted to the voters at the General Municipal Election:
[Insert Measure Letter) San Clemente, YES Appointive City Clerk Shall the office of City Clerk be appointive?
NO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes (i) the following member(s) of its body on behalf of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument not exceeding 300 words regarding the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The argument may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. 6-7-22 I 1 0E-34
RESOLUTION NO. 22-22
__________ (Council Member on behalf of the City Council) __________ (Council Member on behalf of the City Council)
SECTION 2. The argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an association/organization, the name of the association/organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. All arguments shall be filed with the City Clerk and shall be accompanied by a Form of Statement To Be Filed by Author(s) of Argument.
SECTION 3. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney:
a. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure.
b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite ·number of voters or by the governing body of the city.
c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10- point bold type, the following: "The above statement is an impartial analysis of Measure _. If you desire a copy of the measure, please call the election official's office at (949) 361-8345 and a copy will be mailed at no cost to you."
d. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 6-7-22 I 1 0E-35
RESOLUTION NO. 22-22 Page 3
PASSED, APPROVED AND ADOPTED on the __ day of ____ _
2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF SAN CLEMENTE )
MAYOR of the City of
San Clemente, California
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-22 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 _ _____ _ _ Approved as to form:
City Attorney
p:\my documents\my wordlelection2022-clerk(withimpartial).doc CITY CLERK of the City of
San Clemente, California
6-7-22 / 1 0E-36
Attachment 7
RESOLUTION NO. 22-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, SETTING DEADLINES AND PRIORITIES
FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE
TRANSITIONING THE CITY CLERK TO AN APPOINTIVE POSITION, TO
BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8, 2022
WHEREAS, pursuant to City Council Resolution No. 22-18, a General Municipal Election is to be held in the City of San Clemente, California on November 8, 2022; and WHEREAS, the fol lowing measure will be submitted to the voters at the General Municipal Election:
[Insert Measure Letter] San Clemente, YES Appointive City Clerk Shall the office of City Clerk be appointive?
NO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the City Council authorizes (i) the following member(s) of its body on behalf of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument not exceeding 300 words concerning the City measure specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The argument may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. 6-7-22 I 10E-37
RESOLUTION NO. 22-22 Page 2
__________ (Council Member on behalf of the City Council) __________ (Council Member on behalf of the City Council) SECTION 2. The argument(s) shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an association/organization, the name of the association/organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be filed with the City Clerk and shall be accompanied by a Form of Statement To Be Filed by Author(s) of Argument.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED on the __ day of ____ _
2022.
ATTEST:
CITY CLERK of the City of
San Clemente, California
MAYOR of the City of
San Clemente, California
6-7-22 / 10E-38
(
RESOLUTION NO. 22-22
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN CLEMENTE
)
) SS.
)
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-22 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 _____ _ _ _ Approved as to form:
City Attorney
p:\my documents\my word\election2022-clerk(noimpartial).doc CITY CLERK of the City of
San Clemente, California
6-7-22 / 10E-39
Attachment 8
RESOLUTION NO. 22-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, PROVIDING FOR THE FILING
OF REBUTTAL ARGUMENTS FOR OR AGAINST A CITY MEASURE
TRANSITIONING THE CITY CLERK TO AN APPOINTIVE POSITION,
TO BE SUBMITTED TO CITY VOTERS AT A GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 8, 2022.
WHEREAS, §9282 of the Elections Code of the State of California provides for written arguments to be filed in favor or against city measures not to exceed 300 words in length; and
WHEREAS, §9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for or against city measures submitted at municipal elections; and WHEREAS, a General Municipal Election is to be held in the City of San Clemente, California, on November 8, 2022, to be held in consolidation with the November 8, 2022 General Election, at which there will be submitted to the voters the following measure:
[Insert Measure Letter] San Clemente, YES Appointive City Clerk Shall the office of City Clerk be appointive?
NO
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure (not exceeding 300 words) which will be printed and distributed to the voters, the elections official shall immediately provide a copy of an argument in favor of the measure to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure. 6-7-22 I 10E-40
RESOLUTION NO. 22-23 Page 2
The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.
A rebuttal argument may not be signed by more than five authors.
The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an association/organization, the name of the association/organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by a "Form of Statement to be Filed by Authors of Argument".
Rebuttal arguments shall be printed in the same manner as the direct arguments.
Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.
SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed.
SECTION 3. That the provisions of Section 1 shall apply only to the election to be held on November 8, 2022 and shall then be repealed.
SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED this __ day of ____ , 2022.
ATTEST:
City Clerk of the City of
San Clemente, California
MAYOR of the City of
San Clemente, California
6-7-22 I 10E-41
RESOLUTION NO. 22-23 Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SAN CLEMENTE )
I, JOANNE BAADE, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 22-23 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 ______ _ _ Approved as to form:
City Attorney
p:\my documents\my word\election2022-rebuttals(clerk).doc CITY CLERK of the City of
San Clemente, California
6-7-22 I 10E-42
(
Deparlment:
Prepared By:
Subject:
Fiscal Impact:
Summary:
AGENDA REPORT
SAN CLEMENTE CITY COUNCIL MEETING
Meeting Date: June 7, 2022
City Clerk /J~.
Joanne Baade, City Clerkl
Scott Smith, City Attorney(
Agenda Item IO F
Approvals:
City Manager
Dept. Head
Attorney 72
Finance //~
R
URGENCY ORDINANCE ENACTING LOCAL CAMPAIGN CONTRIBUTION LIMITS AND POLICY
REGARDING CONTRACTOR DISCLOSURE OF POLITICAL CONTRIBUTIONS Yes. If Council adopts campaign contribution limits for elective City office candidates that vary from the State's default limit (that is currently set at $4,900 per source per election), then the City, as opposed to the Fair Political Practices Commission, would be required to enforce its contribution limits. Adding the Contractor Disclosure Form to City contracts, RFPs, and bid processes would require minimal additional staff time.
Local Contribution Limit Ordinance
AB 571 (Local Campaign Contribution Limits) was approved by the Governor on October 8, 2019 and became operative on January 1, 2021. AB 571 gave cities the discretion to either set contribution limits of their own choosing (including unlimited contribution limits) or default to the State's contribution limit. At the Council meeting of September 1, 2020, Council determined to not set a local campaign contribution limit, thereby defaulting to the State limit. The current default limit is $4,900 per election per source, but increases every two years to account for inflation.
At its meeting of May 25, 2022, Council directed that the possibility of amending San Clemente's contribution limit be agendized for this meeting to enable Council to consider establishing a contribution limit of $500 per source per election. A draft urgency ordinance is attached to this report which, if adopted, would amend the City's contribution limits and provide definitions and other technical terms to implement these limits. Adoption of an urgency ordinance would enable the campaign regulations to be in place before the November 8, 2022 General Municipal Election season begins in earnest. A back-up conventional ordinance is also recommended to stand in the event the urgency ordinance is challenged or set aside for any reason.
Below are factors that Council may wish to inclu·de in its consideration of whether or not to modify the City of San Clemente's contribution limit threshold:
1. The City would assume responsibility for enforcing contribution limits that vary from the State's default contribution limits. The California Fair Political Practices Commission (FPPC) enforces contribution limits that align with the State's contribution limit. Because the City Council previously voted to default to the State's contribution limit, enforcement is currently the responsibility of the City Clerk Agenda Report
6-7-22 I 1 OF-1
Agenda Repmi Page 2
FPPC. If the City were to now adopt contribution limits that are either higher or lower than the State default limit, then the City would be responsible for enforcing its self-imposed limits. As outlined in the attached draft ordinances, enforcement would involve the retainer of a third-party attorney/investigator and could result in litigation when merited.
2. Campaign contribution limits would not apply to Independent Expenditures, Ballot Measure Committees or Committees Seeking an Officer's Recall. A local campaign contribution limit can only apply to direct contributions made to the candidate or to the candidate's controlled committee. The United States Supreme Court, in its 2010 decision in Citizens United v. Federal Election Commission, held that the risk of actual or perceived "pay to play" corruption is a compelling enough governmental concern to reduce First Amendment freedoms and allow limits on direct contributions to a candidate or their controlled committee. The court further determined, however, that the risk of "pay to play" corruption is not the same for independent expenditure committees (IEC) and, hence, limiting their ability to collect and spend money for campaign purposes would violate their First Amendment rights to free speech. In sum, as long as an IEC (i) doesn't give any money directly to a candidate or the candidate's controlled committee, (ii) isn't coordinating with, or acting at the behest of, a candidate or the candidate's controlled committee, and (iii) files the required disclosure paperwork, the amounts that it collects and spends for campaign purposes cannot be limited. Likewise, such limitations may not apply to ballot measure committees or committees seeking an officer's recall because the Court found that there is not enough risk of "pay to play" corruption to justify restricting the First Amendment freedoms of these committees. The attached draft ordinances recognize these Constitutional exceptions.
Contractor Disclosure of Political Contributions
At its May 25, 2022 meeting, the Council also asked that staff prepare a report and City Policy requiring that contracts disclose, independent of state reporting requirements, political contributions to City Council candidates made during the 12 months preceding a bid or proposal. Receipt of political contributions does not disqualify local officials from making decisions relating to the source of those contributions. However, State and local campaign reporting laws require that political candidates and contributors file certain public disclosure documents in accordance with statutory timelines. These reporting deadlines may pre-date the award of contracts for public works and professional services, so it cannot be guaranteed that the public will be made aware of contractors' contributions to Council candidates before those awards.
This Policy requires that contractors submitting bids or proposals to the City include with their bid or proposal a current disclosure of any contributions made to Councilmembers in the 12 months preceding their submittal. This will ensure that those disclosures are available to the public at the time of contract award, whether or not statutorily required disclosures have been made during that period. Staff will need to revise the City's contract material to include this disclosure form.
6-7-22 I 10F-2
Agenda Report
Recommended
Actions:
If Council desires to establish Local Campaign Contribution Limits that vary from the State's default limits, the City Clerk recommends that Council do so through adoption of the below ordinances, which assume a contribution limit of $500 per source per election.
If Council wishes to require disclosure of contractor political contributions, the City Clerk recommends that Council adopt Policy and Procedure No. 201-15:
1. Adopt AN URGENCY ORDINANCE OF THE CITY OF SAN CLEMENTE ADDING SECTION 2.04.100 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE SAN CLEMENTE MUNICIPAL
CODE RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS.
2. Introduce AN ORDINANCE OF THE CITY OF SAN CLEMENTE ADDING SECTION
2.04.100 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND
PERSONNEL) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO LOCAL ELECTION CAMPAIGN CONTRIBUTION LIMITS AND REGULATIONS.
3. Adopt Policy and Procedure No. 201-15 (Disclosure of Political Contributions), effective June 7, 2022.
Attachments: 1. Draft Urgency Ordinance
2. Draft Conventional Ordinance
3. Draft Campaign Contribution Disclosure Policy
Notification: None.
\\cf\datalchlcityclerk\securelmy wordladminreport-contributionlimits.docx 6-7-22 I 10F-3
ATTACHMENT 1
URGENCY ORDINANCE NO. __
AN URGENCY ORDINANCE OF THE CITY OF SAN CLEMENTE ADDING SECTION 2.04.100 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2 (ADMINISTRATION AND PERSONNEL) OF THE SAN CLEMENTE
MUNICIPAL CODE RELATING TO LOCAL ELECTION CAMPAIGN
CONTRIBUTION LIMITS AND REGULATIONS
WHEREAS, Assembly Bill No. 571 ("AB 571") imposed a default campaign contribution limit upon cities and counties effective January 1, 2021 ; and WHEREAS, California Government Code Section 85702.5 permits the City of San Clemente to act by either ordinance or resolution to establish its own campaign contribution limits that differ from those described in Government Code Sections 85301 and 83124; and
WHEREAS, transparency in local elections regarding financial contributions and influence are important to promoting the election process and to ensure a fair Council election process for all candidates; and
WHEREAS, with the beginning of the 2022 election cycle there is now an urgent need to take immediate action to enact the campaign finance provisions herein so that they may be effective to govern the November 8, 2022 General Municipal Election; WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Urgency Ordinance to set local campaign contribution limitations and require reasonable campaign finance disclosure for City Council elections as an urgency measure in accordance with Government Code section 36937, subdivision (b) by a fourfifths vote of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals above containing a declaration of the facts constituting the need to take immediate action by urgency measure are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. CEQA. The City Council finds that the proposed amendments to the San Clemente Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b )(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
SECTION 3. Code Amendment. Section 2.04.100 is hereby added to the San Clemente Municipal Code to read in full as follows:
6-7-22 I 10F-4
(
CHAPTER 2.04 - CITY COUNCIL
2.04.010 - City Council Campaign Finance Limitations and Regulations.
A. Intent.
It is the intent of the City Council of the City of San Clemente in enacting this section to place realistic and Constitutionally enforceable limits on the amount which may be contributed to candidates' political campaigns in City elections, for the purpose of preventing potential improper or undue influence over elected officials by campaign contributions, to develop a broader base of political efficacy within the community, to provide full and fair enforcement of all the provisions of this Section, and to encourage the public to participate as candidates in elections by simplifying the local regulations as much as possible in matters adequately regulated by State law. This Section is intended to supplement the Political Reform Act of 1974, as amended and in the event of a conflict between that Act and this Section, that Act shall prevail. This Section is enacted pursuant to Article XI, Section 7 of the Constitution of the State of California, and Section 81013 of the California Government Code.
B. Definitions.
1. "Candidate" means an individual who:
a. is listed on the ballot;
b. who has qualified to have write-in votes on that individual's behalf counted by election officials; or
c. who has begun to circulate nominating petitions or authorized others to circulate nominating petitions on the individual's behalf for nomination for or election to any elective City office; or d. who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about the individual's nomination or election to any elective City office, whether or not the specific elective office for which the candidate will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not the candidate has announced the candidacy or filed a declaration of candidacy at such time.
"Candidate" includes any individual running to replace an incumbent City officer who is the subject of a recall election but does not include any person within the meaning of Section 301 (b) of the Federal Election Campaign Act of 1971. An individual who becomes a candidate retains status as a 6-7-22 / 10F-5
candidate until such time as that status is terminated pursuant to the Political Reform Act of 1974 (Government Code Section 84214, or successor statute.
2. "City election" means any general or special election, including a vacancy or recall election held within the City for elective City office or on a City measure.
Each general or special election is a separate election for purposes of this Section.
3. "City measure" means any proposition for the issuance of funding or refunding of bonds of the City, voter approval of local taxes or other revenue matters, or any other question or proposition submitted to the voters of the City at any election held throughout the entire City. "City measure" includes any measure which is submitted to a popular vote at an election by action of the City Council or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it has qualified for the ballot.
4. "Enforcement authority" under this Section, means that special counsel appointed by the City Manager in consultation with the City Attorney pursuant to Subsection (G).
5. "Person" means any individual or entity, including without limitation a firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.
Except as otherwise stated herein, the terms of this Section shall have those definitions provided in the Political Reform Act of 1974 ((Government code Section 81000, et. seq. or in the regulations adopted by the California Fair Political Practices Commission to implement the Act.
C. Campaign Finance Disclosure/Electronic Filing.
1. Each candidate and committee must file campaign statements, statements of economic interest, reports, or other documents in the time and manner required by the Political Reform Act of 1974, as amended (Government Code Section 84100, et seq.). Except as set forth herein, compliance with the requirements of the Act are deemed to be in compliance with this Section.
2. Reportable contributions shall include, without limitation, money paid, loaned, contributed, or otherwise furnished to the candidate or any committee for the use of such candidate or such committee in aid of the candidate's election, or for the qualification, passage, or defeat of any city measure. Said disclosure shall include the name of the contributing person or entity and all other information required to be disclosed by the Political Reform Act of 1974, as amended. 6-7-22 I 10F-6
3. All candidates and committees required to file campaign statements, reports, or other documents as referenced herein shall do so for all campaign expenditures made, to aid or oppose, either directly or indirectly, a candidate's election or the qualification and/or passage of any city measure. Reportable expenditures shall include, without limitation, expenditures made by a candidate, candidate-controlled committee, political party or independent expenditure committee.
4. Any elected officer, candidate, committee or other person required to file campaign statements, reports or other documents required by the Political Reform Act of 1974, as amended, shall file those statements, reports or other documents in person, online or electronically with the city clerk.
5. In any instance in which an original campaign statement, report or other document must be filed with the California Secretary of State or Fair Political Practices Commission and a copy of that statement, report or other document is required to be filed with the city clerk, the filer may, but is not required to, file the copy electronically.
6. If the city clerk's electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the city clerk in an alternative format.
D. Limits on Campaign Contributions
1. No person, other than the candidate, is permitted to make to a candidate or candidate-controlled committee, and no candidate-controlled committee treasurer may solicit or accept, any campaign contribution which will cause the total amount contributed by such person with respect to a single city election to exceed FiveHundred Dollars ($500.00).
2. A candidate for elective office shall have no more than one candidatecontrolled committee and one checking account into which all campaign contributions shall be deposited and out of which all expenditures shall be made.
This paragraph shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of these accounts.
3. A person may not make a contribution for any other person under an assumed name or under the name of any other person.
4. The limit in paragraph (1) shall not be deemed to prohibit contributions or loans from a candidate to his/her own candidate-controlled committee in accordance with State law or to limit the amount of his/her own money or property a candidate may contribute, loan to, or expend on behalf of the candidate's own 6-7-22 I 10F-7
campaign. Contributions by the spouse of a candidate from such spouse's ( separate property shall be subject to the limit set forth in paragraph (1 ).
5. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualification and/or passage of one or more city measures. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.
6. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the recall of an incumbent City officer, but shall apply to all candidates and their controlled committees seeking election to replace the incumbent City officer. The disclosure requirements for all committees set forth in Subsection (C) shall apply.
7. The limit in paragraph (1) shall not apply to political contributions made to and expenditures made by an independent expenditure committee in support of or in opposition to a city measure, or in support of or opposition to the election of a candidate for city office, if the contributions and expenditures were not made at the direction or control of the candidate or his or her controlled committee. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.
8. The limit in paragraph (1) shall not apply to political contributions made prior to the effective date of this Section.
9. If a candidate or the treasurer of a candidate-controlled committee is offered a contribution which would violate this limitation, the candidate or treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the candidate or treasurer must report in writing within five days of the receipt of the contribution to the City Clerk the facts surrounding such payment or contribution and, to the extent permitted by applicable law, return the contribution.
E. Suppliers of goods and services - Disclosure of records required No person who supplies goods or services or both goods and services to a candidate or any committee for use in connection with the campaign of a candidate or for or against a city measure may refuse to divulge or disclose to the enforcement authority that person's record of any expenditures made by the candidate or committee in payment for such _goods or services or both.
F. Duties of the City Clerk
In addition to other duties required of the City Clerk under the terms of this Section, the City Clerk must:
6-7-22 I 10F-8
1. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission to implement the Political Reform Act of 1974, as amended. These forms and manuals must be furnished to all candidates and committees, and to all other persons required to report;
2. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of State law and this Section;
3. Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by State law and this Section;
4. Report apparent violations of this Section and applicable State law to the enforcement authority;
5. Compile and maintain a current list of all statements or parts of statements filed with the city clerk's office pertaining to each candidate and each city measure;
6. Cooperate with the City Attorney and enforcement authority in the performance of the duties of the enforcement authority as prescribed in this Section and applicable State laws and to determine the appropriate enforcement.
G. Enforcement authority - Duties, complaints, legal actions, investigatory powers.
1. The City Attorney must not investigate or prosecute any alleged violation of this Section, but will defend the constitutionality and legality of this Section in any civil proceeding in which the City or the City Council is a party.
2. Review of complaints of violation of this Section and criminal prosecution thereof may be commenced only by the enforcement authority appointed by the City Manager. The enforcement authority is authorized to commence and prosecute civil litigation to compel compliance with this Section or to enjoin conduct in violation of this Section. Prior to each election, the City Manager, in consultation with the City Attorney, will appoint an enforcement authority for that election. If the appointment of an additional enforcement authority becomes necessary or appropriate, the City Manager, in consultation with the City Attorney, will appoint such additional enforcement authority as may be required. No enforcement or prosecution or action of the enforcement authority is subject to the review or control of the City Council or the City Attorney. The City Council shall appropriate sufficient funds from the City's treasury to retain the services of the enforcement authority and to permit him/her to fully investigate any alleged violations of this Section and, if necessary, to take action to enforce this Section. 6-7-22 I 10F-9
3. Any resident of the City who believes that a violation of this Section has occurred may file a written complaint requesting investigation of such violation by the enforcement authority. The complainant shall file the complaint with the City Clerk under penalty of perjury and include proof that the complainant is a resident of the City. Anonymous or non-resident complaints will not be reviewed and/or investigated. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this Section. If a complaint does not comply with these requirements, the City Clerk shall return the complaint to the complainant, with an explanation as to why it is insufficient for filing. Within five working days after accepting the complaint for filing, the City Clerk shall forward it to the enforcement authority.
4. The enforcement authority shall, within thirty (30) calendar days of receiving the complaint, make a determination of whether there is probable cause to believe that a violation occurred. If no probable cause is determined to exist, the complaint shall be dismissed summarily and interested parties shall be notified of the dismissal in writing.
5. If the enforcement authority determines there is probable cause to believe that a violation of this Section has occurred, the enforcement authority may refer the matter to the District Attorney for criminal prosecution or may conduct an investigation and commence such administrative, civil or criminal legal action as it deems necessary for the enforcement of this Section. No enforcement, prosecution or legal action by the enforcement authority shall be subject to the review or control of the City Council or City Attorney.
6. The enforcement authority shall not investigate or take any further action regarding any alleged violation which has been referred to the District Attorney or which is already the subject of a complaint filed with the Fair Political Practices Commission, until the investigation of that complaint is complete.
7. The enforcement authority has such investigative powers as are necessary for the performance of duties described in this Section and may demand and be furnished records of campaign contributions and expenditures of any person or committee at any time. In the event that production of such records is refused, the enforcement authority may commence litigation to complete such production.
8. The enforcement authority is immune to liability for its enforcement of this Section.
6-7-22 / 10F-10
9. Any action alleging violation of this Section must be commenced within two years of the time the alleged violation occurred.
H. Penalties
1. Any person who knowingly or willfully violates any provisions of this Section is guilty of a misdemeanor.
2. If any person is found to have violated Subsection (D), whether by civil, criminal or administrative enforcement action, the amount of funds received constituting such violation shall be paid by the candidate or committee that received such funds to the City Manager for deposit into the City's general fund. If any person is found to have violated any other sub-chapter of this Section, the fine imposed in connection with such violation shall be in the amount of $250.00 for the first 30 days after said violation, $500.00 for the next 30 days after said violation and $1,000.00 for any period in excess of 60 days following said violation, and shall be paid to the City Manager for deposit into the City's general fund.
3. If any candidate is convicted of a violation of any provision of this Section by a court of competent jurisdiction, the court shall be authorized, to the maximum extent allowed by State law, to declare the candidate's election void or, if the candidate has already assumed office, to remove the candidate from office and declare such office vacant, to be filled in accordance with applicable State law. The Court shall also be authorized to declare the candidate/officer ineligible to hold any City office, up to the maximum amount of time allowed by State law for the offense.
I. Rules of Construction
This Section will be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any person in any procedure taken under this Section which does not directly affect the jurisdiction of the City to control campaign contributions and expenditures voids the effect of this Section." SECTION 4. Publication. The City Clerk shall certify to the adoption of this Urgency Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Urgency Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.
SECTION 5. Records. The documents and materials associated with this Urgency Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.
6-7-22 / 10F-11
SECTION 6. Severability. If any provision of this Urgency Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Urgency Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this Urgency Ordinance irrespective of the invalidity of any portion thereof.
SECTION 7. Effective Date. This Urgency Ordinance shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this __ day of __ , 2022.
Gene James, Mayor
ATTEST:
Laura Campagnolo, Legislative Administrator
STA TE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN CLEMENTE
)
) ss.
)
I, Laura Campagnolo, Legislative Administrator of the City of San Clemente, California, hereby certify that Urgency Ordinance No. ___ , the reading in full thereof unanimously waived, was duly passed and adopted at a regular meeting of the City Council 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 _________ _
LEGISLATIVE ADMINISTRATOR
of the City of San Clemente,
California
6-7-22 / 10F-12
APPROVED AS TO FORM:
CITY ATTORNEY
6-7-22 I 10F-13
ATTACHMENT 2
ORDINANCE NO. __
AN ORDINANCE OF THE CITY OF SAN CLEMENTE ADDING SECTION
2.04.100 TO CHAPTER 2.04 (CITY COUNCIL) OF TITLE 2
(ADMINISTRATION AND PERSONNEL) OF THE SAN CLEMENTE
MUNICIPAL CODE RELATING TO LOCAL ELECTION CAMPAIGN
CONTRIBUTION LIMITS AND REGULATIONS
WHEREAS, Assembly Bill No. 571 ("AB 571") imposed a default campaign contribution limit upon cities and counties effective January 1, 2021; and WHEREAS, California Government Code Section 85702.5 permits the City of San Clemente to act by either ordinance or resolution to establish its own campaign contribution limits that differ from those described in Government Code Sections 85301 and 83124; and
WHEREAS, transparency in local elections regarding financial contributions and influence are important to promoting the election process and to ensure a fair Council election process for all candidates; and
WHEREAS, with the beginning of the 2022 election cycle it is necessary to enact the campaign finance provisions herein so that they may be effective to govern the November 8, 2022 General Municipal Election; and
WHEREAS, in adopting this Ordinance, is the City Council's intention to promote transparency and ensure a fair election process by setting local campaign contribution limitations and requiring reasonable campaign finance disclosure for City Council elections; and
WHEREAS, any and all other legal prerequisites relating to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council as if fully set forth herein.
SECTION 2. CEQA. The City Council finds that the proposed amendments to the San Clemente Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
SECTION 3. Code Amendment. Section 2. 04.100 is hereby added to the San Clemente Municipal Code to read in full as follows:
6-7-22 I 10F-14
CHAPTER 2.04 - CITY COUNCIL
2.04.010 - City Council Campaign Finance Limitations and Regulations.
A. Intent.
It is the intent of the City Council of the City of San Clemente in enacting this section to place realistic and Constitutionally enforceable limits on the amount which may be contributed to candidates' political campaigns in City elections, for the purpose· of preventing potential improper or undue influence over elected officials by campaign contributions, to develop a broader base of political efficacy within the community, to provide full and fair enforcement of all the provisions of this Section, and to encourage the public to participate as candidates in elections by simplifying the local regulations as much as possible in matters adequately regulated by State law. This Section is intended to supplement the Political Reform Act of 197 4, as amended and in the event of a conflict between that Act and this Section, that Act shall prevail. This Section is enacted pursuant to Article XI, Section 7 of the Constitution of the State of California, and Section 81013 of the California Government Code.
B. Definitions.
1. "Candidate" means an individual who:
a. is listed on the ballot;
b. who has qualified to have write-in votes on that individual's behalf counted by election officials; or
c. who has begun to circulate nominating petitions or authorized others to circulate nominating petitions on the individual's behalf for nomination for or election to any elective City office; or d. who receives a contribution or makes an expenditure or gives consent for any other person to receive a contribution or make an expenditure with a view to bringing about the individual's nomination or election to any elective City office, whether or not the specific elective office for which the candidate will seek nomination or election is known at the time the contribution is received or the expenditure is made and whether or not the candidate has announced the candidacy or filed a declaration of candidacy at such time.
"Candidate" includes any individual running to replace an incumbent City officer who is the subject of a recall election but does not include any person within the meaning of Section 301 (b) of the Federal Election Campaign Act of 1971. An individual who becomes a candidate retains status as a 6-7-22 I 10F-15
candidate until such time as that status is terminated pursuant to the Political Reform Act of 1974 (Government Code Section 84214, or successor statute.
2. "City election" means any general or special election, including a vacancy or recall election held within the City for elective City office or on a City measure.
Each general or special election is a separate election for purposes of this Section.
3. "City measure" means any proposition for the issuance of funding or refunding of bonds of the City, voter approval of local taxes or other revenue matters, or any other question or proposition submitted to the voters of the City at any election held throughout the entire City. "City measure" includes any measure which is submitted to a popular vote at an election by action of the City Council or which is submitted or is intended to be submitted to a popular vote at an election by initiative, referendum, or recall procedure, whether or not it has qualified for the ballot.
4. "Enforcement authority" under this Section, means that special counsel appointed by the City Manager in consultation with the City Attorney pursuant to Subsection (G).
5. "Person" means any individual or entity, including without limitation a firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.
Except as otherwise stated herein, the terms of this Section shall have those definitions provided in the Political Reform Act of 1974 ((Government code Section 81000, et. seq. or in the regulations adopted by the California Fair Political Practices Commission to implement the Act.
C. Campaign Finance Disclosure/Electronic Filing.
1. Each candidate and committee must file campaign statements, statements of economic interest, reports, or other documents in the time and manner required by the Political Reform Act of 1974, as amended (Government Code Section 84100, et seq.). Except as set forth herein, compliance with the requirements of the Act are deemed to be in compliance with this Section.
2. Reportable contributions shall include, without limitation, money paid, loaned, contributed, or otherwise furnished to the candidate or any committee for the use of such candidate or such committee in aid of the candidate's election, or . for the qualification, passage, or defeat of any city measure. Said disclosure shall include the name of the contributing person or entity and all other information required to be disclosed by the Political Reform Act of 1974, as amended. 6-7-22 I 10F-16
• 3. All candidates and committees required to file campaign statements, reports, or other documents as referenced herein shall do so for all campaign expenditures made, to aid or oppose, either directly or indirectly, a candidate's election or the qualification and/or passage of any city measure. Reportable expenditures shall include, without limitation, expenditures made by a candidate, candidate-controlled committee, political party or independent expenditure committee.
4. Any elected officer, candidate, committee or other person required to file campaign statements, reports or other documents required by the Political Reform Act of 197 4, as amended, shall file those statements, reports or other documents in person, on line or electronically with the city clerk.
5. In any instance in which an original campaign statement, report or other document must be filed with the California Secretary of State or Fair Political Practices Commission and a copy of that statement, report or other document is required to be filed with the city clerk, the filer may, but is not required to, file the copy electronically.
6. If the city clerk's electronic system is not capable of accepting a particular type of statement, report or other document, an elected officer, candidate, committee or other person shall file that document with the city clerk in an alternative format.
D. Limits on Campaign Contributions
1. No person, other than the candidate, is permitted to make to a candidate or candidate-controlled committee, and no candidate-controlled committee treasurer may solicit or accept, any campaign contribution which will cause the total amount contributed by such person with respect to a single city election to exceed FiveHundred Dollars ($500.00).
2. A candidate for elective office shall have no more than one candidatecontrolled committee and one checking account into which all campaign contributions shall be deposited and out of which all expenditures shall be made.
This paragraph shall not prohibit the establishment of savings accounts, but no qualified campaign expenditures shall be made out of these accounts.
3. A person may not make a contribution for any other person under an assumed name or under the name of any other person.
4. The limit in paragraph (1) shall not be deemed to prohibit contributions or loans from a candidate to his/her own candidate-controlled committee in accordance with State law or to limit the amount of his/her own money or property a candidate may contribute, loan to, or expend on behalf of the candidate's own 6-7-22 I 10F-17
campaign. Contributions by the spouse of a candidate from such spouse's ( separate property shall be subject to the limit set forth in paragraph (1).
5. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the qualification and/or passage of one or more city measures. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.
6. The limit in paragraph (1) shall not apply to contributions made to a committee which is organized solely for the purpose of supporting or opposing the recall of an incumbent City officer, but shall apply to all candidates and their controlled committees seeking election to replace the incumbent City officer. The disclosure requirements for all committees set forth in Subsection (C) shall apply.
7. The limit in paragraph (1) shall not apply to political contributions made to and expenditures made by an independent expenditure committee in support of or in opposition to a city measure, or in support of or opposition to the election of a candidate for city office, if the contributions and expenditures were not made at the direction or control of the candidate or his or her controlled committee. However, the disclosure requirements for all committees set forth in Subsection (C) shall apply.
8. The limit in paragraph (1) shall not apply to political contributions made prior to the effective date of this Section.
9. If a candidate or the treasurer of a candidate-controlled committee is offered a contribution which would violate this limitation, the candidate or treasurer must refuse the contribution. If, however, a contribution which is in violation of this section is deposited into the campaign trust account, the candidate or treasurer must report in writing within five days of the receipt of the contribution to the City Clerk the facts surrounding such payment or contribution and, to the extent permitted by applicable law, return the contribution.
E. Suppliers of goods and services - Disclosure of records required No person who supplies goods or services or both goods and services to a candidate or any committee for use in connection with the campaign of a candidate or for or against a city measure may refuse to divulge or disclose to the enforcement authority that person's record of any expenditures made by the candidate or committee in payment for such goods or services or both.
F. Duties of the City Clerk
In addition to other duties required of the City Clerk under the terms of this Section, the City Clerk must:
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1. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission to implement the Political Reform Act of 1974, as amended. These forms and manuals must be furnished to all candidates and committees, and to all other persons required to report;
2. Determine whether required documents have been filed and, if so, whether they conform on their face with the requirements of State law and this Section;
3. Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by State law and this Section;
4. Report apparent violations of this Section and applicable State law to the enforcement authority;
5. Compile and maintain a current list of all statements or parts of statements filed with the city clerk's office pertaining to each candidate and each city measure;
6. Cooperate with the City Attorney and enforcement authority in the performance of the duties of the enforcement authority as prescribed in this Section and applicable State laws and to determine the appropriate enforcement.
G. Enforcement authority - Duties, complaints, legal actions, investigatory powers.
1. The City Attorney must not investigate or prosecute any alleged violation of this Section, but will defend the constitutionality and legality of this Section in any civil proceeding in which the City or the City Council is a party.
2. Review of complaints of violation of this Section and criminal prosecution thereof may be commenced only by the enforcement authority appointed by the City Manager. The enforcement authority is authorized to commence and prosecute civil litigation to compel compliance with this Section or to enjoin conduct in violation of this Section. Prior to each election, the City Manager, in consultation with the City Attorney, will appoint an enforcement authority for that election. If the appointment of an additional enforcement authority becomes necessary or appropriate, the City Manager, in consultation with the City Attorney, will appoint such additional enforcement authority as may be required. No enforcement or prosecution or action of the enforcement authority is subject to the review or control of the City Council or the City Attorney. The City Council shall appropriate sufficient funds from the City's treasury to retain the services of the enforcement authority and to permit him/her to fully investigate any alleged violations of this Section and, if necessary, to take action to enforce this Section. 6-7-22 I 10F-19
3. Any resident of the City who believes that a violation of this Section has occurred may file a written complaint requesting investigation of such violation by the enforcement authority. The complainant shall file the complaint with the City Clerk under penalty of perjury and include proof that the complainant is a resident of the City. Anonymous or non-resident complaints will not be reviewed and/or investigated. The complaint shall state a full recitation of all facts that are alleged to constitute a violation of this Section. If a complaint does not comply with these requirements, the City Clerk shall return the complaint to the complainant, with an explanation as to why it is insufficient for filing. Within five working days after accepting the complaint for filing, the City Clerk shall forward it to the enforcement authority.
4. The enforcement authority shall, within thirty (30) calendar days of receiving the complaint, make a determination of whether there is probable cause to believe that a violation occurred. If no probable cause is determined to exist, the complaint shall be dismissed summarily and interested parties shall be notified of the dismissal in writing.
5. If the enforcement authority determines there is probable cause to believe that a violation of this Section has occurred, the enforcement authority may refer the matter to the District Attorney for criminal prosecution or may conduct an investigation and commence such administrative, civil or criminal legal action as it deems necessary for the enforcement of this Section. No enforcement, prosecution or legal action by the enforcement authority shall be subject to the review or control of the City Council or City Attorney.
6. The enforcement authority shall not investigate or take any further action regarding any alleged violation which has been referred to the District Attorney or which is already the subject of a complaint filed with the Fair Political Practices Commission, until the investigation of that complaint is complete.
7. The enforcement authority has such investigative powers as are necessary for the performance of duties described in this Section and may demand and be furnished records of campaign contributions and expenditures of any person or committee at any time. In the event that production of such records is refused, the enforcement authority may commence litigation to complete such production.
8. The enforcement authority is immune to liability for its enforcement of this Section.
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9. Any action alleging violation of this Section must be commenced within two years of the time the alleged violation occurred.
H. Penalties
1. Any person who knowingly or willfully violates any provisions of this Section is guilty of a misdemeanor.
2. If any person is found to have violated Subsection (D), whether by civil, criminal or administrative enforcement action, the amount of funds received constituting such violation shall be paid by the candidate or committee that received such funds to the City Manager for deposit into the City's general fund. If any person is found to have violated any other sub-chapter of this Section, the fine imposed in connection with such violation shall be in the amount of $250.00 for the first 30 days after said violation, $500.00 for the next 30 days after said violation and $1,000.00 for any period in excess of 60 days following said violation, and shall be paid to the City Manager for deposit into the City's general fund.
3. If any candidate is convicted of a violation of any provision of this Section by a court of competent jurisdiction, the court shall be authorized, to the maximum extent allowed by State law, to declare the candidate's election void or, if the candidate has already assumed office, to remove the candidate from office and declare such office vacant, to be filled in accordance with applicable State law. The Court shall also be authorized to declare the candidate/officer ineligible to hold any City office, up to the maximum amount of time allowed by State law for the offense.
I. Rules of Construction
This Section will be construed liberally in order to effectuate its purposes. No error, irregularity, informality, neglect or omission of any person in any procedure taken under this Section which does not directly affect the jurisdiction of the City to control campaign contributions and expenditures voids the effect of this Section." SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.
SECTION 5. Records. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council's findings and determinations are based are located at City Hall, 91 0 Calle Negocio, San Clemente, CA 92673. 6-7-22 I 10F-21
SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.
APPROVED AND ADOPTED this _ _ day of _ _ , 2022.
Gene James, Mayor
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN CLEMENTE )
I, Laura Campagnolo, Legislative Administrator of the City of San Clemente, California, hereby certify that Ordinance No. ___ having been regularly introduced at the meeting of __________ , was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the __ day of ______ ____ , and said ordinance was adopted 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
APPROVED AS TO FORM:
CITY ATTORNEY
LEGISLATIVE ADMINISTRATOR
of the City of San Clemente,
California
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ATTACHMENT 3
POLICY AND PROCEDURE
Subject: Disclosure of Political Contributions Index: City Council Number: 201-15
Effective Date: June 7, 2022 Prepared by: City Attorney Approved by:
1 . 0 PURPOSE:
Receipt of political contributions does not disqualify local officials from making decisions relating to the source of those contributions. However, State and local campaign reporting laws require that political candidates and contributors file certain public disclosure documents in accordance with statutory timelines. These reporting deadlines may pre-date the award of contracts for public works and professional services, so it cannot be guaranteed that the public will be made aware of contractors' contributions to Council candidates before those awards.
This Policy requires that contractors submitting bids or proposals to the City include with that bid or proposal a current disclosure of any contributions made to Councilmembers in the 12 months preceding that submittal. This will ensure that those disclosures are available to the public at the time of contract award, whether or not statutorily required disclosures have been made during that period.
2.0 ORGANIZATIONS AFFECTED:
All departments and contractors
3.0 POLICY:
All bids or proposals for services submitted to the City shall include a written disclosure to the City declaring any political contributions of money, in-kind services, or loans made to any member of the City Council within the 12 months preceding the submittal. Contractors shall submit the disclosure prior to the contract being approved, renewed or extended by the City.
4.0 PROCEDURE:
1 It shall be the responsibility of staff drafting requests for bids or proposals to include in said request a disclosure statement form in substantially the form attached hereto. Said disclosure form shall be available for public inspection prior to contract award, renewal or extension of the contract or shall be contained in the 5 5452, 02200\34483566.2
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recommendation for such action when presented to the City Council. Bids or proposals lacking said disclosure shall be deemed incomplete.
CITY OF SAN CLEMENTE
DECLARATION OF POLITICAL CONTRIBUTIONS
Using the space provided below, please list any political contributions of money, in-kind services, or loans made to any member of the City Council within the last twelve (12) months by Contractor and all of Contractor's employees, including any employee(s) that applicant intends to assign to perform the work or services described in this Agreement:
To the best of my knowledge, I declare under penalty of perjury that the foregoing is true and was executed at:
City/County/State Date
Name of Contractor Print Name
Signature
NOTE: THIS DECLARATION IS INCLUDED AS PART OF THE AGREEMENT AND MUST BE SIGNED AND ATTACHED HERETO.
2 55452.02200\34483566.2
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