San Clemente City Council
October 18, 2022

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor James
Mayor Pro Tem Duncan
Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward

CITY OF SAN CLEMENTE
Tuesday, October 18, 2022 5:00 PM
City Council
Special Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk.
• Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

1 City Council Special Meeting Agenda October 18, 2022

BUSINESS MEETING

CALL TO ORDER
INVOCATION – Dusty Davis, Director of Operations, Shoreline Community Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Motion waiving reading in full of all Resolutions and Ordinances

2. Consideration of agendizing items requiring immediate action Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

4. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council, Staff, or the public requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation
(1) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 3, 2022.
(2) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF OCTOBER 4, 2022.

2 City Council Special Meeting Agenda October 18, 2022
B. Commission/Committee Minutes
Staff Recommendation
Receive and file the following:

PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 5, 2022
C. Warrant Register
Approve Wire Transfer Nos.
2723 through 2730 and Warrant Nos.
583918 through 584065, paid on
10-7-22, in the amount of.............................................................. $ 4,415,253.13 TOTAL WARRANT REGISTER.............................................................$ 4,415,253.13 Payroll Register
Automatic Deposit Advises 81367
through 81637, for the period
9-19-22 through 10-2-22, paid
on 10-7-22, in the amount of........................................................................$ 419,778.73 TOTAL PAYROLL REGISTER...................................................................$ 419,778.73 D. CONTRACT AWARD - STREET IMPROVEMENT ON CALLE DEL CERRO Staff Recommendation

1. Approve the plans and specifications for Street Improvement for Calle Del Cerro, Project No.12306.

2. Approve a supplemental appropriation in the amount of $81,000 from the Street Improvement Undesignated Fund balance to Account No. 042-848-45300-000- 12306.

3. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-62, by and between the City of San Clemente and L.C. Paving & Sealing, Inc., providing for Street Improvement for Calle Del Cerro, in the amount of $792,396.

3 City Council Special Meeting Agenda October 18, 2022
E. CONTRACT AMENDMENT - AVENIDA PICO CLASS 1 BIKE/PEDESTRIAN PATH PHASE 1, AND AVENIDA PICO WIDENING I-5 TO FRONTERA
Staff Recommendation
Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C20-69, by and between the City of San Clemente and Stantec Consulting Services, Inc., providing for Avenida Pico Class 1 Bike/Pedestrian Path Phase 1 and the Avenida Pico I-5 widening to Frontera. This contract amendment increases the total contract amount from $367,403 to $382,403 (an increase of $15,000) and extends the term of the contract to December 31, 2023.

F. CONTRACT AMENDMENT - COMPREHENSIVE COST-OF-SERVICE STUDY OF

THE CITY'S WASTEWATER UTILITY
Staff Recommendation

1. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C19-28, by and between the City of San Clemente and Raftelis Financial Consultants, Inc., providing for Wastewater Comprehensive Cost-of-Service Study.

This contract amendment increases the total contract amount from $46,708 to an amount not to exceed $61,968 (an increase of $15,260) and extends the contract term through May 31, 2023.

2. Approve a supplemental appropriation in the amount of $15,260 to Account No. 054 -471-43690 from the Sewer Fund Depreciation Reserve.

G. CONTRACT AWARD - DEVELOPMENT OF A NATURE BASED COASTAL

RESILIENCY PROJECT FEASIBILITY STUDY IN CONNECTION WITH THE LOCAL COASTAL PROGRAM ROUND 7 CALIFORNIA COASTAL COMMISSION GRANT Staff Recommendation

1. Approve, and authorize the City Manager to execute, Contract No. C22-63, by and between the City of San Clemente and Moffatt & Nichol providing for the development of a Nature Based Coastal Resiliency Project Feasibility Study in connection with the Local Coastal Program Round 7 California Coastal Commission Grant, in the amount of $300,000.

2. Accept grant revenues from the California Coastal Commission in the amount of $300,000 to Account No. 001-000-33490.

3. Authorize a related budget appropriation of $300,000 to Account No. 001-431- 43890.

4 City Council Special Meeting Agenda October 18, 2022
H. CONSTRUCTION CONTRACT AWARD TO SKYLINE SERVICES, INC. FOR THE

T-STREET PEDESTRIAN OVERPASS CONCRETE REHABILITATION, CIP PROJECT NO. 23804.

Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-64, by and between the City of San Clemente and Skyline Services, Inc., providing for the T-Street Overpass Concrete Rehabilitation, in the amount of $53,522.

I. CONTRACT AWARD - WATER RECLAMATION PLANT (WRP) SODIUM

HYPOCHLORITE TANK REPLACEMENT
Staff Recommendation

1. Approve the Plans and Specifications for WRP Sodium Hypochlorite Tank Replacement, Project No. 23405.

2. Approve a supplemental appropriation in the amount of $134,825 to Account No. 052-466-43420-000-23405 from the Water Fund Depreciation Reserve.

3. Approve, and authorize the Utilities Director to execute, Contract No. C22-65, by and between the City of San Clemente and Jennette Company, Inc., providing for the WRP Sodium Hypochlorite Tank Replacement, in the amount of $394,614.

J. HUMAN AFFAIRS COMMITTEE’S FISCAL YEAR (FY) 2022-2023 WORK PLAN Human Affairs Committee Recommendation
Approve the Fiscal Year 2022-23 Human Affairs Committee Work Plan.

K. RESOLUTION ALLOWING FOR THE USE OF OCEAN LIFEGUARD PERSONNEL AT

CITY SWIMMING POOL FACILITIES
Staff Recommendation
Adopt Resolution No. 22-38 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, ALLOWING FOR THE USE OF OCEAN LIFEGUARDS AT ITS PUBLIC SWIMMING POOL FACILITIES.

5 City Council Special Meeting Agenda October 18, 2022
L. APPROVAL OF ADDITIONAL SERVICES AGREEMENT FOR FLOCK GROUP INC.

FOR AUTOMATIC LICENSE PLATE READERS AND SERVICES
Staff Recommendation

1. Authorize an appropriation of $1,900 from the Council Contingency Fund to Account No. 001-451-43890.

2. Approve, and authorize the City Manager to execute, the additional services agreement Contract No. C22-37, by and between the City of San Clemente and Flock Group, Inc., providing for automatic license plate readers near Max Berg Park. This additional services agreement increases the total contract amount from $49,250 to $68,150 (an increase of $18,900).

M. PUBLIC SAFETY COMMITTEE 2022-2023 ANNUAL WORK PLAN
Public Safety Committee and Staff Recommendation
Approve the Public Safety Committee's Fiscal Year 2022-2023 Work Plan and appropriate $3,500 for the Human Trafficking Project from the City's General Fund to Account No. 001-438-44310.

5. Reports
A. Commissions and Committees
B. City Manager
October 26, 2022 Public Safety Town Hall
C. City Attorney
D. Council Members
E. Council Subcommittee Updates

6. Closed Session Report - City Attorney

7. Special Presentations
A. Presentation of Proclamation - Red Ribbon Week
Presentation of Proclamation to the Junior Women's Club, proclaiming October 24 - 28, 2022, as Red Ribbon Week.

B. Presentation of Commendation - Filipe Toledo
Presentation of Commendation to Filipe Toledo, in recognition of his World Championship Title at the Rip Curl World Surfing League Finals at Lower Trestles on September 8, 2022.

C. September Update on the Homeless Issue

6 City Council Special Meeting Agenda October 18, 2022

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.

A. CONSIDERATION OF ORDINANCE TO APPROVE MASTER PROJECT (MP) 22-089 - SENIOR HOUSING AND MEDICAL OFFICE, 654 CAMINO DE LOS MARES Scheduled to be heard at 7:30 p.m.

Public Hearing to consider a request to demolish an existing medical building and surface parking lot; construct a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office.

Staff Recommendation
Direct the City Clerk to re-notice the Public Hearing for the November 1, 2022 City Council Meeting in order to include the applicant's request for a development agreement as part of the project.

B. GENERAL PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT, COASTAL LAND USE PLAN AMENDMENT, AND ZONING AMENDMENT; WEST PICO CORRIDOR

SPECIFIC PLAN UPDATE AND ARCHITECTURAL OVERLAY EXPANSION Scheduled to be heard at 8:30 p.m.

Public Hearing to consider City-initiated amendments to the City's General Plan, West Pico Corridor Specific Plan, Zoning, and Local Coastal Program Land Use Plan.

Staff Recommendation

1. Adopt Resolution No. 22-39 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM NO. 4

TO THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, APPROVING GENERAL PLAN AMENDMENT 21-238, SPECIFIC PLAN AMENDMENT 21-239, AND LAND USE PLAN AMENDMENT 21-241; TO ACHIEVE CONSISTENCY

BETWEEN THE GENERAL PLAN, LOCAL COASTAL PROGRAM, AND WEST PICO CORRIDOR SPECIFIC PLAN, AND ZONING REGULATIONS; CHANGE THE LAND USE DESIGNATION OF TWO PARCELS AT 1510 AVENIDA DE LA

ESTRELLA, AND EXPAND THE ARCHITECTURAL OVERLAY DISTRICT

2. Adopt Ordinance No. 1736 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM NO. 4

TO THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND
APPROVING ZONING AMENDMENT 21-240; TO ACHIEVE CONSISTENCY

BETWEEN THE GENERAL PLAN, LOCAL COASTAL PROGRAM, AND WEST

7 City Council Special Meeting Agenda October 18, 2022

PICO CORRIDOR SPECIFIC PLAN, AND AMEND THE ZONING MAP TO

EXPAND THE WEST PICO CORRIDOR SPECIFIC PLAN AREA AND THE

ARCHITECTURAL OVERLAY DISTRICT BETWEEN THE DOWNTOWN AND

PIER BOWL AREAS

3. Approve and include alternative amendments that add 1311, 1315, and 1402 North El Camino Real into the West Pico Corridor Specific Plan by updating the proposed Resolution and Ordinance according to Attachment 4 of the Administrative Report, dated October 18, 2022, and on file with the City Clerk.

9. Unfinished Business
None.

10. New Business
A. FILLING OF VACANCIES IN THE ELECTED OFFICES OF CITY CLERK AND CITY

TREASURER
(Agendized at the October 4, 2022 City Council Meeting by Mayor James, with the support of Councilmember Ward and Mayor Pro Tem Duncan.) City Clerk Recommendation ..recommendation
If Council determines to fill one or both vacancies by appointment, City Clerk recommends that Council either appoint San Clemente registered voters to fill the unexpired terms at this time, or alternatively, direct staff to recruit for applicants through the San Clemente Times and City website. If Council chooses to recruit for the offices, City Clerk recommends that Council schedule an Adjourned Regular Meeting between November 17, 2022 and November 21, 2022 to interview candidates and make appointment(s).

If Council determines to call a special election to fill one or both vacancies, City Clerk recommends that Council direct the City Clerk to prepare the resolutions necessary to call the special election and direct that the resolutions be agendized for Council consideration at its meeting of either November 1, 2022 or November 15, 2022. If Council directs that the resolutions be agendized for the Council meeting of November 1, 2022, the special election will occur on March 7, 2023. If Council directs that the resolutions be agendized for the Council meeting of November 15, 2022, the special election will occur on November 7, 2023.

8 City Council Special Meeting Agenda October 18, 2022
B. UPDATE OF TREE CITY USA APPLICATION AND CITY TREE POLICY (Agendized at the June 7, 2022 City Council Meeting by Mayor Pro Tem Duncan, with the support of Mayor James and Councilmember Ward.) Staff Recommendation
Receive and file the Administrative Report, dated October 18, 2022, and on file with the City Clerk.

C. UPDATE RELATED TO THE PUBLIC SAFETY COMMITTEE’S E-BICYCLE /

TRAFFIC SAFETY WORK PLAN PROJECT
(Agendized at the September 20, 2022 City Council Meeting by Mayor James, with the support of Councilmember Knoblock and Mayor Pro Tem Duncan.) Staff Recommendation
Receive and file the Administrative report dated, October 18, 2022, and on file with the City Clerk.

D. AMENDMENT TO CITY COUNCIL POLICY 1201-11 CITY COUNCIL

MEETINGS AND OPERATING PROCEDURES
(Agendized at the October 4, 2022 City Council Meeting by Mayor James, with the support of Councilmember Knoblock and Councilmember Ferguson.) Staff Recommendation
Adopt the amended City Council Policy 1201-11 City Council Meeting and Operating Procedures.

E. REVIEW OF THE BEST BEST AND KRIEGER LEGAL SERVICES CONTRACT (Agendized at the September 20, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson.) Staff Recommendation
Receive and file the Administrative Report dated, October18, 2022, and on file with the City Clerk.

9 City Council Special Meeting Agenda October 18, 2022

11. Reports (continued from Business Meeting Part 1)
A. Commissions and Committees
B. City Manager
October 26, 2022 Public Safety Town Hall
C. City Attorney
D. Council Members
E. Council Subcommittee Updates

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

13. Adjournment
The next Regular Council Meeting is scheduled to take place on November 1, 2022.

Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

Items to be Considered at a Future Meeting
November 1, 2022: Transient Occupancy Tax Review
November 15, 2022: Consideration of Night Surfing
November 15, 2022: Farmers Market Location

10 City Council Special Meeting Agenda October 18, 2022

CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Part 1 of the Business Meeting will begin at 5:00 p.m. and Closed Session begins at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted (a minimum of 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting). Agendas and Administrative Reports can also be viewed at the San Clemente Library, located at 242 Avenida Del Mar, or by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

11 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: (1)
Subject:

APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 3, 2022 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/7/2022
powered by Legistar™ 12

CITY OF SAN CLEMENTE
Monday, October 3, 2022 4:00 PM
City Council
Special Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
4:00 p.m. Special Meeting
Public Safety Committee Interviews and Appointment
Mayor James
Mayor Pro Tem Duncan
Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special Meeting of the San Clemente City Council was called to order by Mayor James on October 3, 2022 at 4:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Mayor James, Knoblock, and Ward
ABSENT: Ferguson
STAFF PRESENT: Laura Campagnolo, Legislative Administrator; Megan Jimenez, Deputy City Clerk

1. INTERVIEWS/APPOINTMENT
A. PUBLIC SAFETY COMMITTEE INTERVIEWS AND APPOINTMENT
Council interviewed the following Public Safety Committee Applicants:

1. Stephen Michael Greenwald

2. Scotland Roeber
Councilmembers cast written ballots to fill one vacancy for a technical professional on the Public Safety Committee with a term to expire June 30, 2024, which were announced verbally by the Legislative Administrator, as follows:

DUNCAN: Roeber
KNOBLOCK: Greenwald
WARD: Roeber
MAYOR JAMES: Roeber
Motion by Councilmember Knoblock, second by Mayor James and CARRIED to change Councilmember Knoblock's vote to Scotland Roeber.

Scotland Roeber was appointed to the Public Safety Committee for a term to expire June 30, 2024.

13 City Council Special Meeting Minutes October 3, 2022 Council requested that the Public Safety Committee provide an update to Council concerning the status of the Neighborhood Watch Program.

2. Oral Communications
Rick Loeffler, Public Safety Committee Chair, commented on the Neighborhood Watch Program and the potential of utilizing the expertise of Public Safety Committee candidate Michael Greenwald.

3. Adjournment
Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to adjourn at 4:51 p.m. to an Adjourned Regular Meeting to be held on October 4, 2022. The Adjourned Regular Business Meeting will commence at 3:00 p.m. for the purpose of conducting Closed Session. Part 1 of the Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Adjourned Regular Business Meeting will commence at 7:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Duncan, Mayor James, Knoblock, and Ward
NOE: None
ABSENT: Ferguson

14 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: (2)
Subject:

APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF OCTOBER 4, 2022
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/11/2022
powered by Legistar™ 15
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, October 4, 2022
City Council
Adjourned Regular Meeting Minutes
3:00 p.m.- Closed Session
5:00 p.m.- Business Meeting Part I
6:00 p.m.- Closed Session
7:00 p.m.- Business Meeting Part II
Mayor James
Mayor Pro Tem Duncan
Councilmember Ferguson
Councilmember Knoblock
Councilmember Ward
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor James on October 4, 2022 at 3:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Ferguson, Mayor James, Knoblock, and Ward STAFF PRESENT: Sean Joyce, Interim City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Laura Campagnolo, Legislative Administrator; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Brad Malamud opined that the Public Employee Performance Evaluation should be held in open session and the code section sited does not qualify for Closed Session.

B. Public Employee Appointment
Brad Malamud opined that the Public Employee Appointment cannot be discussed in Closed Session and that City Attorney Smith should recuse himself on this item.

City Attorney Smith announced that he will recuse himself from Item B in Closed Session.

E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Amanda Q conveyed her support for the purchase of parcels off of Camino Del Rio.

16 City Council Adjourned Regular Meeting Minutes October 4, 2022 Motion by Councilmember Ward, second by Mayor Pro Tem Duncan, CARRIED to recess to Closed Session at 3:17 p.m. to discuss the following:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Attorney
B. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Attorney
C. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Manager
D. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code
Section 54956.9(d)(4)
Number of potential cases: 1
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Number of items: 1
Property: 199.24 acres of open space north and
south of Camino del Rio, 92673
Assessor's Parcel Numbers: 678-091-07, 678-092-06
679-242-06
Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, 88 Pacific, LLC. and/or their authorized agents or representatives
Under Negotiation: Price and terms of payment
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
BUSINESS MEETING PART 1
Council reconvened at 5:00 p.m., with all Councilmembers present.

INVOCATION
Seth Ebel, Shoreline Community Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Trevor Hart led the Pledge of Allegiance.

17 City Council Adjourned Regular Meeting Minutes October 4, 2022

1. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor James, second by Councilmember Knoblock, CARRIED to waive reading in full of all Resolutions and Ordinances.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

2. Consideration of agendizing items requiring immediate action Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED to broaden the discussion of agenda item 10 A - Status Update on San Clemente Police Services Enforcement Efforts at Max Berg Park, to include the increase of crime within the City.

This was agendized based on the need to take immediate action and the fact that the need for action arose subsequent to the agenda being posted.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

3. Oral Communications (Part 1)
Brad Malamud commented on the transparency of noticing agenda items and the Interim City Manager recruitment.

Elizabeth Egan, San Clemente, commented on the pool closures and the aquatics classes held at the Ole Hanson Beach Club.

Nancy Stoll, San Clemente, commented on the pool closures, safety concerns and aquatics classes being held at Ole Hanson Beach Club.

Victor Cabral, San Clemente, commented on the increase in crime in San Clemente and encouraged the City to improve communications with the community.

Kim Hart, speaking on behalf of San Clemente Water Polo, addressed the City pool closures and the impacts of the closures on the San Clemente Water Polo Club and other aquatics programs.

David Abernathy, San Clemente, commented on the proposed Memorial Care housing project located at 654 Camino de los Mares.

Martina commented on the agendizing of the legal services contract review and the urgency item by Mayor Pro Tem Duncan; encouraged the City to increase wages for lifeguards.

Jon Conk, San Clemente, expressed concerns over the proposed Memorial Care housing project located at 654 Camino de los Mares; encouraged the Council to delay its review of the project to allow additional time for public review.

Richard Palis, San Clemente, spoke in opposition to the proposed Memorial Care

18 City Council Adjourned Regular Meeting Minutes October 4, 2022 housing project and urged Council to use caution when reviewing the project.

Richard Monks, San Clemente, spoke in opposition to the proposed Memorial Care housing project and encouraged Council to require story polls.

Ken Rogers, San Clemente, spoke in opposition to the proposed Memorial Care housing project due to safety concerns and encouraged story polls.

Jolene Kahn, San Clemente, conveyed support for senior housing but expressed concerns regarding the proposed Memorial Care senior housing project due to safety and parking concerns.

Linda Rogers spoke in opposition to the proposed Memorial Care housing project as presented due to the size and impacts to the neighborhood.

4. Consent Calendar
The following Items were removed from the Consent Calendar for discussion: 4A(1), 4E and 4H.

B. Commission/Committee Minutes
Motion by Councilmember Ward, second by Mayor James, CARRIED to receive and file:
(1) DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES FROM AUGUST 10, 2022
(2) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF APRIL 25, 2022
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF AUGUST 23, 2022
(4) HUMAN AFFAIRS COMMITTEE SPECIAL MEETING MINUTES OF SEPTEMBER 13, 2022
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

19 City Council Adjourned Regular Meeting Minutes October 4, 2022 C. Warrant Register
Motion by Councilmember Ward, second by Mayor James, CARRIED to:

Approve Wire Transfer Nos.
2718 through 2722 and Warrant Nos.
583590 through 583750, paid on
9-23-22, in the amount of.............................................................$ 1,867,444.30 Approve Warrant Nos.
583751 through 583917, paid on
9-30-22, in the amount of............................................................. $ 1,319,200.20 TOTAL WARRANT REGISTER....................................................$ 3,186,644.50 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
Payroll Register
Motion by Councilmember Ward, second by Mayor James, CARRIED to:

Approve Warrant Nos. 881 through 884
Automatic Deposit Advises 81064
through 81366, for the period
9-5-22 through 9-18-22, paid
on 9-23-22, in the amount of .........................................................$529,481.83 TOTAL PAYROLL REGISTER.......................................................$529,481.83 AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
D. RESOLUTION DESIGNATING CITY AUTHORIZED REPRESENTATIVES TO

OBTAIN FEMA AND CAL OES PUBLIC DISASTER ASSISTANCE
Motion by Councilmember Ward, second by Mayor James, CARRIED to adopt Resolution No. 22-37, entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, DESIGNATING THE CITY

MANAGER, PUBLIC WORKS DIRECTOR/CITY ENGINEER AND/OR
UTILITIES DIRECTOR AS THE CITY’S AUTHORIZED REPRESENTATIVE(S) TO OBTAIN FEDERAL AND STATE FINANCIAL ASSISTANCE.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

20 City Council Adjourned Regular Meeting Minutes October 4, 2022 F. CONTRACT AWARD - BEACH TRUNK SANITARY SEWER LINE

REHABILITATION
Motion by Councilmember Ward, second by Mayor James, CARRIED to:

1. Make a finding that an emergency exists due to the potential failure of an existing sewer line and that the situation requires immediate action to prevent or mitigate impairment to property and public services, that might otherwise occur if required to incur delays attributed to the typical engineering design and public competitive bidding process.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-60, by and between the City of San Clemente and Sancon Technology, Inc., providing for the Beach Trunk Sanitary Sewer Line Rehabilitation, CIP Project No. 28206, in the amount of $63,613.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
G. NOTICE OF COMPLETION - AVENIDA PICO RECYCLED WATER PIPELINE

RELOCATION
Motion by Councilmember Ward, second by Mayor James, CARRIED to:

1. Accept the Avendia Pico Recycled Water Pipeline Relocation, Project No. 21402 from the Contractor, Mike Prlich and Sons, Inc.

2. Authorize the Utilities Director to execute and the City Clerk to record the Notice of Completion for the Avenida Pico Recycled Water Pipeline Relocation.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Utilities Department that no liens have been levied against Mike Prlich and Sons, Inc.

4. Authorize the City Clerk to release the Performance Bond upon receipt of a Warranty Bond in the amount of 25% of the construction cost.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

21 City Council Adjourned Regular Meeting Minutes October 4, 2022 I. CONTRACT AWARD - RECYCLED WATER QUALITY IMPROVEMENTS

PROJECT
Motion by Councilmember Ward, second by Mayor James, CARRIED to:

1. Approve a supplemental appropriation in the amount of $495,207 from the Sewer Connection Fee Reserve Fund to Account No. 054-477-45300-000- 13203.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-61, by and between the City of San Clemente and Lee+Ro, Inc., providing for the Recycled Water Quality improvements Project, in the amount of $905,207.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
4A(1). City Council Minutes
Concerned Resident, San Clemente, narrated a Powerpoint presentation concerning statements made by City Attorney Smith at the September 20, 2022 City Council Meeting with regard to pickleball and requested they be included in the minutes. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Ward, second by Mayor Pro Tem Duncan, CARRIED to:
(1) APPROVE THE MINUTES OF THE REGULAR AND SPECIAL COUNCIL MEETING OF SEPTEMBER 20, 2022.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
4E. CONTRACT AWARD - PLAYGROUND EQUIPMENT REPLACEMENT AT SAN GORGONIO PARK AND RICHARD T. STEED MEMORIAL PARK
Amanda Q spoke in support of the playground equipment replacement at Richard T. Steed and San Gorgonio Parks.

Motion by Mayor Pro Tem Duncan, second by Councilmember Knoblock, CARRIED to:

1. Approve the conceptual design plans for the playground equipment replacement at San Gorgonio Park (Project No. 11148) and Richard T. Steed Memorial Park (Project No. 12107).

2. Determine that the project is categorically exempt from the provisions of the

22 City Council Adjourned Regular Meeting Minutes October 4, 2022 California Environmental Quality Act (CEQA) pursuant to Article 19, Sections 15302 [Replacement of existing structures where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity] of California CEQA Guidelines and direct staff to file a Notice of Exemption (NOE) with the State Clearinghouse; and approve the purchase and installation of playground equipment from Kompan Inc. for $766,783 utilizing the Omnia Partners National Purchasing Cooperative Contract No. 2017001135.

3. Approve, and authorize the Public Works Director to execute, Contract No.

C22-59, by and between the City of San Clemente and Kompan Inc., providing for playground replacements at San Gorgonio Park and Richard T. Steed Memorial Park, in the amount of $766,783.

4. Accept grant revenues of $220,000 to Account No. 014-000-33490 (State Grant) from Prop 68.

5. Approve a supplemental appropriation of $220,000 to Account No. 014-820- 45300-000-11148.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
4H. INSTALLATION OF A PLAQUE AT COURTNEY’S SANDCASTLE

PLAYGROUND HONORING NAMESAKE COURTNEY FAYE SMITH
Motion by Mayor James, second by Councilmember Knoblock, CARRIED to accept a plaque donation recognizing the life of Courtney Faye Smith; and approve the installation of the plaque and monument at Courtney’s SandCastle Playground with the amendment that the City will fund up to $2,000 for the purchase and installation of the memorial plaque.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

5. Reports
A. Commissions and Committees
None.

B. City Manager
Train Service
Interim City Manager Joyce reported on the suspension of train service through San Clemente and emergency slope and track stabilization work that will commence in the Cyprus Shores area; conveyed that emergency repair is expected to take 30-45 days to complete and train service will be suspended during the emergency construction.

23 City Council Adjourned Regular Meeting Minutes October 4, 2022 Announcement of Contracts Approved and Executed by the City Manager Interim City Manager Joyce reported that the following professional services contract was executed under his signature authority: 1) Ferreira Coastal Construction for 216 La Cuesta Sewer Repair and Manhole Construction in the amount of $43,199.02.

Aquatics Center Hours
Interim City Manager Joyce provided an update to Council concerning pool operations and the steps being taken to increase the public hours at the aquatics center; reported that efforts are being made to hire additional lifeguards and have them begin working as soon as possible.

C. City Attorney
Assembly Bill 2449
City Attorney Smith announced that the Governor has signed AB 2449 - Open Meetings:Local Agencies: Teleconference which will allow the Councilmembers to participate in meetings remotely as long as the public could participate remotely. City Attorney Smith will return to Council with a report detailing guidelines for implementation.

D. Council Members
Recognition of Jesse Strike McClelland
Mayor James reported that he attended the 100th birthday of Jesse Strike McClelland, San Clemente resident and member of the women's auxiliary of the Royal Australian Airforce.

Crime in San Clemente
Mayor James spoke on increased crime in San Clemente and voiced concern that members of the community do not feel safe in their homes.

CalTrans Construction
Mayor James expressed concerns over the CalTrans construction at Vista Hermosa and I-5, noting that the City was not notified of the construction; encouraged the Interim City Manager and Public Works Director/City Engineer to work with CalTrans to improve communication.

Resignation of City Clerk and City Treasurer
Mayor James announced the resignation of Joanne Baade, City Clerk and Mark Taylor, City Treasurer, and recognized both for their years of service to the City.

Mayor James, with the support of Councilmember Ward and Councilmember Knoblock agendized for the October 18, 2022 City Council meeting, the process to fill the unexpired City Clerk and City Treasurer terms.

E. Council Subcommittee Updates
None.

24 City Council Adjourned Regular Meeting Minutes October 4, 2022 CLOSED SESSION CONTINUED FROM 3:00 P.M.

Concerned Resident, San Clemente, narrated a Powerpoint concerning city and state laws as they relate to pickleball. A hard copy of the presentation is on file with the City Clerk.

Dawn Urbanek urged Council to terminate City Attorney Smith and replace Best Best and Krieger as the City's legal counsel; spoke on voting integrity.

Motion by Mayor Pro Tem Duncan, second by Councilmember Ward, CARRIED to recess to Closed Session at 6:12 p.m. to discuss the following:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Attorney
B. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Attorney
C. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Manager
D. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code
Section 54956.9(d)(4)
Number of potential cases: 1
E. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code Section 54956.8
Number of items: 1
Property: 199.24 acres of open space north and
south of Camino del Rio, 92673
Assessor's Parcel Numbers: 678-091-07, 678-092-06
679-242-06
Agency Negotiators: City Manager
Negotiating Parties: City of San Clemente, 88 Pacific, LLC. and/or their authorized agents or representatives
Under Negotiation: Price and terms of payment
AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

25 City Council Adjourned Regular Meeting Minutes October 4, 2022 BUSINESS MEETING PART 2
Council reconvened at 7:00 p.m., with all Councilmembers present.

6. Closed Session Report - City Attorney
No reportable action.

7. Special Presentations
A. Alzheimer's Association Orange County Chapter - Walk to End Alzheimer's Sindy Thomas, Relationship Events Manager with the Alzheimer's Association Orange County Chapter, presented on the upcoming Walk to End Alzheimer's on Sunday, October 23, 2022 at the Outlets at San Clemente and encouraged the community to participate.

B. Fire Prevention Week Proclamation
Mayor James, presented a Proclamation to Orange County Fire Authority Battalion Chief Matt Schuetz, proclaiming October 9-15 2022, as Fire Prevention Week.

C. HOMELESS UPDATE
Homeless update will be provided at the October 18, 2022 City Council Meeting.

8. Public Hearings
None.

9. Unfinished Business
None.

10. New Business
A. STATUS UPDATE ON SAN CLEMENTE POLICE SERVICES ENFORCEMENT EFFORTS AT MAX BERG PLAZA PARK (Agendized at the August 16, 2022 City Council Meeting by Mayor Pro Tem Duncan, with the support of Mayor James and Councilmember Knoblock)
Amanda Q narrated a Powerpoint presentation entitled "Max Berg Park" and spoke in support of the changes. A hard copy of the presentation is on file with the City Clerk.

Rick Loeffler spoke on the costs associated with adding deputy Sheriffs; encouraged Council to add additional TRIP team members to minimize cost and increase the effectiveness.

Susan Ambrose, San Clemente, commented on Neighborhood Watch participation in the area of Max Berg Plaza Park.

26 City Council Adjourned Regular Meeting Minutes October 4, 2022 Michael Snow, San Clemente, expressed concern over the increased crime in the Talega area.

Captain Benfield of San Clemente Police Services and Public Works Director/City Engineer Koger narrated a PowerPoint presentation entitled "Improvements at Max Berg Plaza Park" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tem Duncan, with the support of Council, authorized the City Manager to provide additional resources, as needed, to Police Services to reduce crime in the City.

Motion by Mayor James, second by Mayor Pro Tem Duncan, CARRIED to schedule a Town Hall meeting the last week of October to address community concerns regarding recent crimes and to provide advise to the community to improve security at their homes.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
B. VIEW PROTECTION ORDINANCE REVIEW (Agendized at the September 6, 2022 City Council Meeting by Mayor James, with the support of Councilmember Knoblock and Mayor Pro Tem Duncan.)
Community Development Deputy Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Mayor Pro Tem Duncan, second by Councilmember Knoblock, CARRIED to receive and file the Administrative Report dated October 4, 2022, that is on file with the City Clerk.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
C. PUBLISHING OF CLOSED SESSION ITEMS (Agendized at the September 20, 2022 City Council Meeting by Councilmember Ferguson with the support of Councilmember Knoblock)
Anonymous requested that Closed Session descriptions be expanded so that the public will know whether they wish to address Council on this item.

Mayor James, with the support of Councilmember Knoblock and Councilmember Ferguson, agendized an Administrative Report to address the possibility of expanding Closed Session descriptions on agendas
(to include example descriptions) and an amendment to Policy 1201-11 to include a section defining the same.

27 City Council Adjourned Regular Meeting Minutes October 4, 2022 D. SECTION 115 PREFUNDING TRUST (Agendized at the August 16, 2022 City Council Meeting by Councilmember Knoblock, with the support of Mayor James and Councilmember Ferguson)
Financial Services Officer Rahn reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Knoblock, second by Mayor James, CARRIED to apply the $1 million allocated for a Section 115 Prefunding Trust toward the pension debt paydown.

AYE: Ferguson, Mayor James, and Knoblock
NOE: Duncan, and Ward
Councilmember Ward, with the support of Mayor James and Councilmember Knoblock, directed that a white paper be included in the Long Term Financial Plan concerning the allocation of the $1 million toward the unfunded pension liability.

E. LETTER OF SUPPORT TO THE CALIFORNIA COASTAL COMMISSION (CCC) FOR

THE SOUTH COAST WATER DISTRICT (SCWD) DOHENY DESALINATION PROJECT. (Directed by Council at the April 19, 2022 City Council Meeting) Utilities Director Rebensdorf presented on the Doheny Desalination Project and responded to Council inquiries.

Rick Shintaku, General Manager for the South Coast Water District, discussed the Doheny Desalination Project and responded to Council inquiries.

Motion by Councilmember Knoblock, second by Councilmember Ferguson, CARRIED to authorize the Mayor to sign a letter of support to the California Coastal Commission for the South Coast Water District Doheny Desalination Project.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None

11. Reports
The Reports portion of the agenda was considered during Part 1 of the meeting.

Please refer to page 8 of these minutes for a summary of that discussion.

12. Oral Communications (Part 2)
Rick Loeffler spoke on behalf of the Friends of San Clemente on upcoming events such as the Carnival October that will be held on 13-16, 2022 and the Monster Dash 5K.

Concerned Resident spoke on the comments made about safety concerns within the City as they relate to safety concerns at San Gorgonio Park.

28 City Council Adjourned Regular Meeting Minutes October 4, 2022

13. Adjournment
Motion by Councilmember Ward, second by Mayor James, CARRIED, to adjourn at 8:57 p.m. The next Regular Meeting will be held on October 18, 2022. Part 1 of the Regular Business Meeting will commence at 5:00 p.m. and Closed Session will begin at 6:00 p.m. Part 2 of the Business Meeting will commence at 7:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

29 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item:

Subject:

PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 5, 2022 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/13/2022
powered by Legistar™ 30
These minutes will be considered for approval at the Planning Commission meeting of 10-19-2022.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
October 5, 2022 @ 6:00 p.m.

San Clemente Community Center Auditorium
100 Calle Seville, San Clemente, CA 92672
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:08 p.m. The meeting was offered in person at The City of San Clemente City Hall Council Chambers, located at 910 Calle Negocio, San Clemente California, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

2. PLEDGE OF ALLEGIANCE
Commissioner McCaughan led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell, Gary P. McCaughan, M.D. Karen PrescottLoeffler; Chair Scott McKhann Commissioners Absent: Brent Davis, Chair Pro Tem M. Steven Camp, Vice Chair Cameron Cosgrove
Staff Present: Adam Atamian, Deputy Community Development Director Cecilia Gallardo-Daly, Community Development Director
Jennifer Savage, Assistant to the City Manager
Sara Toma, Senior Planner
David Carrillo, Assistant Planner
Zachary Ponsen, Acting Deputy Public Works Director
Matthew Richardson, Assistant City Attorney
Eileen White, Recording Secretary

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Regular Study Session of the Planning Commission Meeting of September 7, 2022.
31 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 2 B. Minutes from the Regular Planning Commission Meeting of September 7, 2022.

Commissioner Prescott-Loeffler stated that she had viewed the video of the meetings she did not attend in person.

IT WAS MOVED BY COMMISSIONER COSGROVE, SECONDED BY VICE CHAIR CRANDELL AND UNANIMOUSLY CARRIED 4-0-0 TO RECEIVE AND FILE THE MINUTES FROM THE SEPTEMBER 7, 2022, PLANNING COMMISSION REGULAR STUDY SESSION AND THE SEPTEMBER 7,
2022, PLANNING COMMISSION REGULAR MEETING, AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. 654 Camino De Los Mares – Master Project (MP) 22-089, Architectural Permit (AP) 22-101, Conditional Use Permit (CUP) 22-100, General Plan Amendment (GPA) 22-097, Site Plan Permit (SPP) 22-103, Tentative Parcel Map (TPM) 22-099, Zoning Amendment (ZA) 22-098 – Senior Housing and Medical Office (Savage)
A request to demolish an existing medical building and surface parking lot; construct a mixed-use project with 250 for-rent senior residential units and a 7,500 square foot medical office; subdivide one lot into two lots; rezone the property from Regional Medical Facilities 1 (RMF1) to Community Commercial 4 (CC4); and change the General Plan Designation from RMF to CC at 654 Camino De Los Mares. The project includes requests for shared parking, an increase in floor area, and a concession/incentive/waiver pursuant to State Density Bonus Law.

Jennifer Savage, Assistant to the City Manager, narrated a PowerPoint Presentation entitled, “Senior Housing and Medical Office, MP 22-089, GPA 22-097, ZA 22-098, TPM 22-099, CUP 22-100, SPP 22-103, and AP 22- 101,” dated October 5, 2022. A copy of the Presentation is on file in the City Manager’s Office. Assistant Savage reviewed the request including the variances requested, indicated where in the packet information supporting the variances was included, and reviewed modifications to selected conditions. She noted that due to a clerical error, the Project’s Development Agreement was not including in the noticing of the project, and was therefore exempt from consideration this evening. She noted the Commission in the 32 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 3 alternative had the option of forgoing Development Agreement review and forwarding it to the City Council for their consideration and action.

Matthew Richardson, Assistant City Attorney, advised with regard to Density Bonus Law, if the applicant has the provided the qualifying information in order to be eligible for the Density Bonus, the City’s hands are tied with regard to providing input on certain variances and/or modifications for the project.

Tom Leary, Senior Vice President of Memorial Care, described the vision of the project, which is senior living with health center located nearby. He thanked all for participating in the planning of the project and provided an overview. He announced at the meeting that after working with the San Clemente Affordable Housing Coalition (SCAHC), they’ve agreed that the total affordable housing aspect of the project can be up to 8%.

Tim Mustard, Hunsaker & Associates, Irvine, Architect for the applicant, provided additional details of the project including street views from all sides and potential view blockages from surrounding residential/commercial properties. No additional concessions in affordable housing are proposed and they suggested that the 8% be a mixture of affordable housing options rather than just all Very Low. No specific details on the mix, location, etc. of the affordable housing units has been proposed at this time. The proposed Development Agreement runs with property and any proposed modifications have to be approved by both parties.

Chair McKhann opened the public hearing.

Linda Yeargin, Dr. Predrag Mitrevski, Grace Todd, Robert Henry (speaking on behalf of resident Cassidy Esperhat), Jimmy Jo (speaking on behalf of Mabel Flanders), Terri Whitt Rydell, James Watkins, residents, spoke on behalf of the project. Debbie Salahi, Rona Henry, Dr. Hitash Patel, Maura Mikulec, and JR Owens, no cities of residence given, also voiced support.

Summary of the comments in support include:
 Immense need for senior housing in the City and Orange County overall.
 Support for the project overall; comment that up to 15% could be dedicated as affordable housing units and still allow the project to turn a profit; encouraged the City continue pushing for 15% and to get as many concessions as possible from the developer before consenting to the project.
 Many amenities such as food, groceries, shopping, etc., are located close by within walking distance.
33 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 4  Memorial Care as an employer cares about its employees, supports the surrounding community, and provides grants to community-based organizations.
 Support from the San Clemente Affordable Housing Coalition members in order to fulfil existing demand for affordable housing for seniors, allow seniors to stay in the community rather than be forced out due to high rental/home ownership costs, and provide much needed daily and urgent medical care.
 Suggested all units proposed be designated low income due to high demand in Orange County and increasingly aging population.  Economically disadvantaged seniors’ health will improve with the addition of housing as well as the nearby urgent care and medical offices.
 Seniors living on the street will be able to get into affordable housing; the addition of affordable housing, doctor care, and accessible urgent care can be the difference between life and death for seniors.

David Abernathy, Jon Cork, Richard Monks, Linda Rogers, Ken Rogers, Carey Bettencourt, Ed Bettencourt, Dr. Navneet Boddu, Richard Palys, Dr.

Lawrence Chang, Amanda Q., Dr. P. Kalimada, Ken Rogers, Linda Rogers, Mark McGuire, Larry Culbertson, and Frank Safovilla, residents, opposed the project.

Summary of the comments in opposition include:
 Concern about increasing traffic in an already congested area; suggested the total number of units on site should be limited to 125.  Requested the applicant be required to install story poles to indicate the negative impacts on residential and commercial views.  The project should be held to existing regulations including only 3 stories, lower heights and lower FAR; a detailed and independent traffic study should be commissioned.
 The project is being rushed by the applicant through the approval process; the City has made too many concessions to the applicant; additional review should be encouraged and opportunities for the public to speak should be offered; the Environmental Study should be made available to the public for scrutiny.
 The view simulations have been misrepresented by the applicant and must be recalculated by an independent source to ensure accuracy.  The project is too large, too dense, too high, and poorly designed for the site; it does not complement existing buildings and will overshadow the block.
 Not enough parking is proposed; most seniors are still driving and are part of a two-car household; concern regarding seniors jay-walking and on the streets while cars race up and down unchecked.  The revisions suggested by the Design Review Sub-committee (DRSC) during 4 review meetings have been ignored.
34 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 5  Residents living in Sea Pointe will have their views destroyed and home values diminished; the height limits of buildings along Camino De Los Mares should not be increased as home buyers relied on those limits when purchasing their homes and paying premiums for views.
 Reading aloud of an online position requesting the Planning Commission and City Council reject the project due to its increased height, increased FAR, massiveness, high density, traffic and parking impacts and view blockages; requested installation of story poles for accurate view impacts; rejection of shared parking plans due to existing highly congested parking and streets; additional public input opportunities and a heightened understanding of the project as proposed.
 San Clemente has many senior residential facilities to fill the need; the urgent care unit will not replace the need for a hospital.  The project will reduce the safety of other residents due to its density and lack of parking; the OCFA facility is too close, will generate too much traffic and has inadequate parking to meet its real demand.  Residents banded together to oppose this project need real facts and figures; those in favor of the project include those that in the past promoted the toll road extension; business groups support the project in order to increase their own sales.
 Adding this many units will increase traffic congestion to and from the City as well; trips to Mission Hospital which used to take 15 minutes now take 25. Water shortages and potential for power blackouts will increase; adding this kind of density to will turn the City into a “Concrete Jungle by the Sea.”
 The City’s soul is being changed by too much density; history is being replaced with modernity and its village feeling will be lost; support redevelopment of the site as long as it is kept to existing rules and regulations; at least 20-30 residences above will be negatively affected by view blockage if the increased height is allowed.

Connor Medina, speaking on behalf of the Orange County Business Community, supported the proposed housing; commented that currently there are 60K seniors over 60 living in Orange County; the housing stock is incapable of keeping up with demand. The project will be of much benefit to San Clemente business owners and help seniors remain in the City.

Jake Anderson, President, Laguna Hills Chamber of Commerce, recounted that his grandparents had to leave the City due to high costs of housing, and being able to place them in housing such as this would have been a better solution. He commended Memorial Care for being incredibly invested in the communities they serve.

Susie Lantz, CEO, San Clemente Chamber of Commerce, supports the project for its design sensitivity to the area. Benefits to the community include 35 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 6 access to wellness experts, urgent care and much needed senior housing.

Additionally, the project will bring job opportunities, economic vitality, and enhance quality of life for all.

David Simpson, speaking on behalf of Cox Communications, commented that the aging population needs access to good health care; noted the site has been a vacant eyesore for many years and delaying development will only increase costs of redevelopment in the long run.

There being no additional testimony, Chair McKhann closed the public hearing.

Commission Comments:
 Does not support the architectural compatibility findings as the third story should be stepped back to provide interest.
 Agreed the need for this type of facility exists in the City; suggested traffic safety, parking requirements, and intensity of use need to be addressed further.
 Suggested the site is not suitable for this intensity of use due to insufficient parking available, conflict between the two sites, and number of variances.

Due to concerns, the site is detrimental to the public’s health, safety and welfare.
 Expressed general support for this type of project, but questions regarding parking management and concessions remain; disappointing that the State will allow so many concessions and take ability away from cities to have any say in the project.
 Lack of private outdoor space for each unit for health benefits is a concern;  Discussed potential actions including continuing the project to allow the Development Agreement to be included in the Commission’s recommendation; recommendation of approval or denial to City Council, with the Development Agreement sent forward without recommendation; concurred there was not enough time to notice the Development Agreement and meet for a special meeting to consider it before the City Council meeting of October 18, 2022.
 Agreed the percentage of affordable homes should be higher than the 8% offered.

Zachary Ponsen, Acting Deputy Public Works Director, noted staff has reviewed the studies submitted and are satisfied with the analysis given; noted the current proposal is for less units than could be developed.

Greg Sanders, Attorney for the applicants, suggested the Commissioners’ comments and concerns be memorialized for City Council consideration; expressed preference to receive a recommendation this evening to keep the project on schedule rather than continue the project to allow Planning Commission discussion of the Development Agreement.
36 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 7

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER, AND UNANIMOUSLY CARRIED 4-0-3 TO:

1. Deny recommending that City Council determine that the proposed addendum involves only minor technical changes to the 2021 FEIR and would not result in any new or increased severity significant environmental effects beyond those identified in the 2021 FEIR, and, as such, an addendum is the appropriate environmental document under Section 15164 of the State CEQA Guidelines; and

2. Deny recommending that City Council adopt Resolution no. 22-021, entitled, “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RECOMMENDING THAT THE CITY
COUNCIL APPROVE MASTER PROJECT (MP) 22-089, ARCHITECTURAL PERMIT (AP) 22-101, CONDITIONAL USE PERMIT (CUP) 22-100, GENERAL PLAN AMENDMENT (GPA) 22-097, SITE PLAN PERMIT (SPP) 22-103, TENTATIVE PARCEL MAP (TPM) 22-099, ZONING AMENDMENT (ZA) 22-098, FOR A REQUEST TO DEVELOP A MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500
SQUARE FOOT MEDICAL OFFICE; SUBDIVIDE ONE LOT INTO TWO
LOTS; REZONE THE PROPERTY FROM REGIONAL MEDICAL
FACILITIES 1 (RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND

CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC,
LOCATED AT 654 CAMINO DE LOS MARES,” subject to the attached conditions of approval.
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
Chair McKhann recessed the Commission meeting at 9:35 p.m. and reconvened at 9:45 p.m.

B. CUP 22-141/MCUP 22-222 Delahunt Brewing Tasting Room and Off-Site Parking Agreement, 1011 Calle Recodo (Carillo)
A request to establish a tasting room with indoor and outdoor seating, exterior changes, and an off-site parking agreement at Delahunt Brewing located in the Business Park Zone within the Rancho San Clemente Specific Plan.

David Carrillo, Assistant Planner, summarized the staff report.

Rob Johnson, the applicant, was present for comments/questions.

Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.
37 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 8

IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY
COMMISSIONER MCKHANN, AND UNANIMOUSLY CARRIED TO:

1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and Section 15311 (Class 11: Accessory Structures); and

2. Adopt Resolution no. 22-020, entitled, “A RESOLUTION OF THE PLANNING

COMMISSION OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING CONDITIONAL USE PERMIT 22-141/MINOR CONDITIONAL USE PERMIT 22-222/MINOR ARCHITECTURAL PERMIT 22-221,

DELAHUNT BREWING TASTING ROOM AND OFF-SITE PARKING

AGREEMENT, TO ALLOW A TASTING ROOM WITH INDOOR AND

OUTDOOR SEATING, AND AN OFF-SITE PARKING AGREEMENT AT
DELAHUNT BREWING LOCATED AT 1011 CALLE RECODO.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] C. CUP 22-236 Dish Wireless Telecommunication Facility, 170 Avenida La Pata (Toma)
A request to install building-mounted antennas with equipment enclosure on an existing self-storage facility within other existing wireless facilities located at 170 Avenida La Pata. The site is located in the Rancho San Clemente Specific Plan (RSCSP), which identifies the land-use designation of the property as LightIndustrial.

Sara Toma, Senior Planner, narrated a PowerPoint Presentation entitled, “Dish Wireless Telecommunication Facility, Conditional Use Permit 22-236,” dated October 5, 2022. A copy of the Presentation is on file in Planning Division.

Peter Blad, representing Dish Wireless, thanked the Commissioners for their public service; Senior Planner Toma for her assistance; requested removal of Condition

4.16 as it is unrelated to this project. Senior Planner Toma concurred with his request.

Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED, 4-0-0, TO:

1. Determine the project is Categorically Exempt from the requirements of the State CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and Section 15303 (Class 3: New Construction or conversion of Small Structures); and
38 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 9

2. Adopt Resolution no. PC 22-018, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-236, DISH

WIRELESS TELECOMMUNICATION FACILITY, A REQUEST TO ALLOW A

NEW WIRELESS TELECOMMUNICATION FACILITY AND
ACCOMPANYING GROUND MOUNTED EQUIPMENT LOCATED AT 170
AVENIDA LA PATA.”
Amended as follows:

Remove Condition no. 4.16 in its entirety.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] D. 1108 North El Camino Real – Conditional Use Permit 22-078 – San Clemente Gym (Atamian)
A request to establish a new fitness facility within an existing commercial building located within the Neighborhood Commercial (NC-2) Zoning District and Affordable Housing and Architectural Overlays at 1108 North El Camino Real. The applicant proposes to occupy the entire, approximately 5,300 square-foot building for the proposed use to include fitness facility area and other areas of use ancillary to the primary use, such as office and storage areas. Hours of operation will occur seven days a week, approximately between 5:00 a.m. and 10:00 p.m. on weekdays, and 7:00 a.m. and 7:00 p.m. on weekends.

Adam Atamian, Deputy Community Development Director, narrated a PowerPoint Presentation entitled, “San Clemente Gym, CUP 22-078,” dated October 5, 2022. A copy of the Presentation is on file in Planning Division.

John Openshaw, the applicant, has been in the community for 44 years. The original gym location was displaced by a flood in October 2021. He requested to be allowed to keep the gym open until 10:00 p.m. on weekdays; noted most members arriving at 5:00 a.m. arrive on bikes and/or golf carts.

Chair McKhann opened the public hearing.

Stanley Mave, resident, supports the gym but opposes the noise made by cars and/or motorbikes at 5:00 a.m.

Thomas Cook, resident, is also often awoken by motorbikes and loud cars in the morning, but supports the gym location. He asked if the gym operating hours could be adjusted so they do not open so early in the a.m. He also asked that the City consider enforcing the “No Overnight Parking” restrictions on the public streets in the area to open up parking for others.

Chair McKhann closed the public hearing.
39 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 10 Deputy Director Atamian advised that cars and motorbikes are present in the area, although not necessarily going to the gym. Discussion ensued regarding potential solutions, with the Commission, staff, applicant and public present concluding that delaying opening the parking lot of the gym, and directing early a.m. gym members to park on the street between 5:00 and 7:00 a.m. might alleviate the noise impacts for Mr. Mave and Mr. Cook’s households. Deputy Director Atamian offered to provide a verbal update to the Commission following 3 months of operation, with a written report at 6 months.

IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER AND UNANIMOUSLY CARRIED 4-0-0 TO:

1. Determine the project is categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities); and

2. Adopt Resolution no. PC 22-022, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-078, FOR

SAN CLEMENTE GYM TO ESTABLISH A NEW COMMERCIAL FITNESS
FACILITY AT 1108 NORTH EL CAMINO REAL.”
Amended as follows:

Staff to add Condition of Approval 7.21 as follows: “All operations of the fitness facility shall only occur between 5:00 am and 10:00 pm on weekdays, and 7:00 am and 7:00 pm on weekends.”
Staff to add Condition of Approval 7.22 as follows: “To mitigate early a.m. noise impacts, the applicant will close the parking lot to full size cars and motorbikes on weekdays between 5:00 and 7:00 a.m. E-bikes and golf carts will be allowed.” Additionally, the above Condition of Approval will be modified to direct staff to provide a verbal report 3 months after the commencement of use on the status of the parking lot between 5:00 and 7:00 a.m. and a written report after 6 months.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.]

9. NEW BUSINESS
None

10. OLD BUSINESS
None
40 Minutes of Regular Planning Commission Meeting of October 5, 2022 Page 11

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Staff Waiver Memo and Reports
Reports received and filed.

12. ADJOURNMENT

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR MCKHANN AND UNANIMOUSLY CARRIED TO ADJOURN AT 11:00 P.M.

TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD INPERSON ON OCTOBER 19, 2022, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Scott McKhann, Chairman
Attest:

Adam Atamian, Deputy Community Development Director
41 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item:

Subject:

Approve Wire Transfer Nos.
2723 through 2730 and Warrant Nos.
583918 through 584065, paid on
10-7-22, in the amount of…….……….……..…........... $ 4,415,253.13 CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/11/2022
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45 46
47 48
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: D.

Department: Public Works
Prepared By: Masako Hennequin, Associate Civil Engineer Subject:

APPROVAL OF CONSTRUCTION CONTRACT FOR STREET IMPROVEMENT ON CALLE DEL CERRO, CIP PROJECT NO. 12306 WITH L.C.PAVING & SEALING, INC.

Fiscal Impact:

Yes. The estimated total project cost of $951,000 exceeds the approved budget amount of $870,000 from the street improvement fund (Account Number 042-848-45300-000-12306). A supplemental appropriation of $81,000 is needed from the undesignated Street Improvement Fund balance.

Summary:

Staff recommends approval of a construction contract with L.C. Paving & Sealing, Inc. in an amount not to exceed $792,396 for street improvement for Calle Del Cerro, Project No. 12306, and approval of a supplemental appropriation in the amount of $81,000 from the undesignated Street Improvement Fund balance.

Background:

The total approved project budget was $1,500,000. The first phase of the project included removing diseased/dead trees and replanting. Phase II of the project includes pavement rehabilitation and street improvements on Calle Del Cerro. This phase includes grinding and overlaying, asphalt removal and replacement, slurry sealing, replacing concrete curb and gutter and median curb, adjusting utility covers and installing signs and striping on Calle Del Cerro from Avenida Pico to Avenida La Pata. (See Location Map on Attachment 1).

Discussion:

Bids were opened on September 15, 2022; the results of which are presented on the attached Bidder’s Listing (Attachment 2). Bids ranged from $792,396 to $1,225,000.

Project cost summary is as follows:

Construction $792,396
Construction Design, Management & Inspection (approx. 10%) 79,240 Project Contingency (approx. 10%) 79,240
Estimated Total Project Cost (rounded up) $951,000
Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Urban Design- Maintenance Goal. Achieve a sustained level of maintenance and improvement of properties, buildings, landscaping and infrastructure that protects property values.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 10/10/2022
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Meeting Date: 10/18/2022 Agenda Item: D.
of properties, buildings, landscaping and infrastructure that protects property values.

Encourages additional public and private investments and promotes San Clemente’s high quality of life.
· Policy UD-4.06. Maintenance of Infrastructure and Public Realm. As resources allow, we maintain and where appropriate, improve infrastructure and the public realm, including landscaping, sidewalks, signage, furniture and other streetscape elements.

The project is consistent with the FY 2022-23 Annual Budget and Capital Improvement Program (CIP) in that the project is an approved CIP project.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the project will maintain City infrastructure.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT THE CITY COUNCIL:

1. Approve the plans and specification for Street Improvement for Calle Del Cerro, Project No. 12306.

2. Approve a supplemental appropriation in the amount of $81,000 from the Street Improvement Undesignated Fund balance to Account No. 042-848-45300-000-12306.

3. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. ___, by and between the City of San Clemente and L.C. Paving & Sealing, Inc., providing for Street Improvement for Calle Del Cerro, in the amount of $792,396.

Attachment:

1. Location Map

2. Bidders List

3. Contract
Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 10/10/2022
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VIA MARBRISA VIA ONDA

AVE LA PATA

PUERTA DEL SOL

VIA SONRISA

CL MARAVILLA

VIA COCO

CM KATIA
CHICO
CL SOL

VIA ESPIRITU

VIA PACIFICA

AVENIDA MERIDA

AVE PICO

VIA PRESA

AVE VISTA MONTANA

GURREGO

EL BERRO

AVE OSSA

EL VUELO

BOLIVIA

PASEO PINTO

DEL DIOS

LOMA ADRIA

ZORRO VISTA

EL CIRCULO

LA FREMONTIA
FUTURA

LA SALLE

FIGUEROA

RIO LINDO

EL CHICO

CARNAROS CHAPITAL

VIA PALACIO

CL CARACAS

PLAZA FLORA

VIA ASALEA CL PARADISO

CL EMPALME CL MIGUEL

AVE PRESIDIO

CL ESCUELA CL FIESTA CL NEBLINA

DEL JUEGO

CL SALIDA

CL SANDIA

CL EMPALME

CL DEL CERRO

MARACAY

OPTIMO ST

AVE VISTA MONTANA

BURRIANA

CARTAGENA

SEGOVIA

CL DEL CERRO

CL PESCADOR

CL VILLARIO

CL DORADO

CL FELICIDAD

AVE SALVADOR

CL FAMILIA

CL DELICADA

CL PUEBLO

CL ROBLES CL FAMILIA

CL MENDOZA

AVE PRESIDIO

MONTILLA

CL AGUILLA

CL AMANECER

CL NEGOCIO
LORCA

VIA OTONO VIA NUBLADO

CL VENEZIA

VIA UMBROSO CM IBIZA

VIA AMENO

VIA DE ANGELES

AVE TRANQUILA

VIA VISALIA

AVE DE VERDES

CL SOMBRA CL RECODO

CL TREPADORA

VIA ZARAGOZA

VIA LA MISSION

VIA SANTA MARIA

FINCA ST

CM SAN JOSE

CL PASTADERO
(G ST)
CL
(L ST)
(K ST) GEMA ST

FINCA ST
(J ST)ALBERGAR ST

CL PINTORESCO

CL IGLESIA

CL IGLESIA
(H ST)
(I ST)

CL IGLESIA

VIA CALLEJON

VIA SONRISA

AVE VISTA MONTANA
CL SOL

CL PASTADERO
FRESNO

VIA PRESA
CM

PASEO VISTA

PASEO ROSA

PASEO DEL REY

AVE PICO AVE VISTA HERMOSA

THE COURTYARDS

CL MIGUEL

CL CORDILLERA

CL AMANECER

CL FIESTA CL NEBLINA

CL PUEBLO

CL FAMILIA CL DELICADA
LADERA

PUERTO CARAVACA

PUERTO ROYAL

PUERTO MORANT

VALDEMO
PUERTO

VILLAGIO VIA

CL VENEZIA

AVE DE NOGALES

CRESCENTA
AVE

C I T Y O F S A N C L E M E N T E
910 CL Negocio, Suite 100
San CLEMENTE, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316

LOCATION MAP
i:\cd\engineering\secure\projects\pn 12306 - del cerro trees and slurry\06-admin reports\pn12306 calle del cerro location map.dwg 1.24.2022

ATTACHMENT 1
STREET IMPROVEMENT FOR CALLE DEL CERRO FROM AVE.

PICO TO AVE. LA PATA
Project No. 12306
55 i:\cd\engineering\secure\projects\pn 12306 - del cerro trees and slurry\05-bidding\pn12306 bidders listing.docx

BIDDER'S
LISTING BID OPEN TIME: 2:00 PM
BID OPEN DATE: 9-15-2022
PRESENT:

ELECTRONIC BID
MH
Subject: Bid Opening: Street Improvement for Calle Del Cerro (Project No. 12306)
No. of Bids: 4
Company Information Bid Bond, Etc. City Bidder is
From
1#
Addendums
NO

ADDENDUM
Amount
L.C. Paving and Sealing
YES
Escondido,
CA $792,395.66
All American Asphalt
YES
Corona, CA
$1,047,504.30
Palp, Inc. DBA Excel
Paving YES
Long
Beach, CA
$1,219,334.00

Hardy & Harper, Inc.

YES
Lake Forest,
CA
$1,225,000.00

56 i:\cd\engineering\secure\projects\pn 12306 - del cerro trees and slurry\05-bidding\pn12306 bidders listing.docx

BIDDER'S
LISTING BID OPEN TIME: 2:00 PM
BID OPEN DATE: 9-15-2022
PRESENT:

ELECTRONIC BID
MH
Subject: Bid Opening: Street Improvement for Calle Del Cerro (Project No. 12306)
No. of Bids: 4
Company Information Bid Bond, Etc. City Bidder is
From
1#
Addendums
NO

ADDENDUM
Amount
L.C. Paving and Sealing
YES
Escondido,
CA $792,395.66
All American Asphalt
YES
Corona, CA
$1,047,504.30
Palp, Inc. DBA Excel
Paving YES
Long
Beach, CA
$1,219,334.00

Hardy & Harper, Inc.

YES
Lake Forest,
CA
$1,225,000.00

57 55452.01510\32905704.2
38 SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2022, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and L.C. Paving & Sealing, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

STREET IMPROVEMENT FOR CALLE DEL CERRO FROM AVENIDA PICO TO AVENIDA LA PATA, Project No. 12306
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 75 working days from the commencement date stated in the Notice to Proceed.

By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven hundred ninety-two thousand three hundred ninety-six Dollars ($792,396). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. IN ACCORDANCE WITH GOVERNMENT CODE SECTION 53069.85, IT IS AGREED THAT THE CONTRACTOR WILL PAY CITY THE SUM OF $500 FOR EACH AND EVERY CALENDAR

DAY OF DELAY BEYOND THE TIME PRESCRIBED IN THE CONTRACT DOCUMENTS FOR

FINISHING THE WORK, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY OR FORFEITURE. IN THE EVENT THAT LIQUIDATED DAMAGES ARE NOT PAID, THE

CONTRACTOR AGREES CITY MAY DEDUCT THAT AMOUNT FROM ANY MONEY DUE OR THAT MAY BECOME DUE THE CONTRACTOR UNDER THE CONTRACT. THIS ARTICLE 58 SECTION 00500

CONTRACT
55452.01510\32905704.2
39 SECTION 00500

CONTRACT

DOES NOT EXCLUDE RECOVERY OF OTHER DAMAGES SPECIFIED IN THE CONTRACT DOCUMENTS.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at CITY CLERK, CITY OF SAN CLEMENTE or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
59 SECTION 00500

CONTRACT
55452.01510\32905704.2
40 SECTION 00500

CONTRACT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ 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

__________________________
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____

END OF CONTRACT
60 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: E.

Department: Public Works
Prepared By Ryan Kim, Senior Civil Engineer - Traffic
Subject:

APPROVAL OF FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH STANTEC FOR THE AVENIDA PICO CLASS 1 BIKE/PEDESTRIAN PATH PHASE 1, PROJECT NO. 17337 AND AVENIDA PICO WIDENING I-5 TO FRONTERA, PROJECT NO. 18325.

Fiscal Impact:

Yes. There is adequate funding for the first amendment in the amount of $15,000 within the remaining project budget of $132,597 from the Regional Circulation Financing and Phasing Programs (RCFPP) Fund.

Summary:

Staff recommends approval of the first amendment to the Professional Services Agreement with Stantec to provide additional evaluation and design services for the Avenida Pico Class 1 Bike/Pedestrian Path Phase 1.

Background:

The City’s General Plan and the Bike and Pedestrian Master Plan include a new off-street Class 1 bike path on or adjacent to Avenida Pico from Camino Vera Cruz to El Camino Real and Class 2 bike lanes on Avenida Pico from Calle De Los Molinos to Calle Del Cerro.

To fill gaps in the bicycle and pedestrian network (Attachment 1), the City Council approved a professional services agreement with Stantec (Attachment 2) on December 15, 2020, for design services of a Class 1 off-street Bike/Pedestrian path adjacent to Avenida Pico from Calle Frontera to Camino Vera Cruz (Project No. 17337) and a Class 2 Bike Lane reconfiguration of Avenida Pico from the I-5 Freeway to Calle Frontera (Project 18325).

Per the approved agreement, Stantec forecasted traffic volumes calculated with the collected traffic volume and the 2035 General Plan with Tesoro Extension, and submitted a Draft Traffic Signal Memorandum for City review and approval. During the review, City staff determined that the San Clemente Housing Element Update should be reflected in the Draft Memorandum and requested Stantec to revise its study by applying the traffic growth factor of 7% based on the build-out year of the housing element. The Amended Scope of Work also extends the term of the Agreement and includes the additional cost for Stantec project management for additional meetings with City staff.

Since the above revision was not in the original scope of work, Stantec submitted a change order proposal for the additional service of $15,000 (Attachment 3). City staff has reviewed the proposal and recommends approval in the total amount of $15,000 containing the change order amounts as CITY OF SAN CLEMENTE Page 1 of 3 Printed on 10/10/2022
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Meeting Date: 10/18/2022 Agenda Item: E.
shown below:

Housing Element Design Change Order: $8,500
Additional Project Management/Meetings: $6,500
------------------------------------------------------------------------- Total Amount: $15,000
Discussion:

None
Plan and Policy Consistency:

The action is consistent with the following General Plan Goals and Policies:
· Roadway System Goal: Create a balanced transportation network that provides mobility and access for all modes of travel, including motor vehicles, transit, bicyclists, pedestrians, and rail traffic.
o M-1.01. Roadway system. We require the City’s roadways to:
a. Accommodate public transit, motor vehicles, bicyclists, skateboards, and pedestrians within the public right-of-way wherever feasible. b. Consider Federal, State, Orange County and City standards and guidelines for roadway design, maintenance and operation.
c. Comply with Orange County Transportation Authority (OCTA) requirements for arterial highways as determined through the Master Plan of Arterial Highways (MPAH) and Measure M. Maintain at least a Level of Service (LOS) D or better at all intersections, except where City of San Clemente Centennial General Plan M-4 flexibility is warranted based on a multi-modal LOS evaluation, or where LOS E is deemed appropriate to accommodate complete streets facilities. d. Provide future capacity as called for by this Element and as shown in the Future Roadway System map.
e. Ensure that new roadways, ramps, traffic control devices, bridges or similar facilities, and significant changes to such facilities, are designed to accommodate multi-modal facilities, and where feasible, retrofit existing facilities to improve the balance for the users of the roadway.
f. Be maintained in accordance with best practices and the City’s Street Improvement Program.
o M-2.13. Bicycle and Pedestrian Network. We plan, develop and maintain a comprehensive bicycle and pedestrian network as specified in the San Clemente Bicycle and Pedestrian Master Plan.
o M-2.26. Bicycle and Pedestrian Facility Design Standards. We shall utilize the Caltrans Highway Design Manual and other infrastructure guidelines as appropriate to design and maintain bicycle and pedestrian facilities to high safety standards. o M-2.30. Improvements along Bicycle and Pedestrian Routes. We improve and maintain alternative transportation infrastructure and assign a high priority to CITY OF SAN CLEMENTE Page 2 of 3 Printed on 10/10/2022
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Meeting Date: 10/18/2022 Agenda Item: E.
improvements along primary pedestrian and bicycle routes to schools. o M-2.36. Active Transportation Linkages to Schools. We assign high priority to the improvement and maintenance of active transportation infrastructure within one half mile of San Clemente schools.
o M-2.42. Consistency with Bicycle and Pedestrian Master Plan. We review all new capital improvement projects and private development projects to ensure consistency with the Bicycle and Pedestrian Master Plan and with the Mobility and Complete Streets Element.
o M-2.50. Pedestrian Connectivity. We require development projects and site plans to be designed to encourage pedestrian connectivity among buildings within a site, while linking buildings to the public bicycle and pedestrian network. o M-3.02. Complete Streets Roadway Standards. We require that pedestrian, vehicular, and bicycle circulation on public and private property is coordinated and designed to maximize safety, comfort and aesthetics and is consistent with Federal, State, Orange County, and local laws, codes, and standards.

Council Strategy:

The action is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the projects update City infrastructure.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C20-69, by and between the City of San Clemente and Stantec.

This contract amount amendment increases the total contract amount from $367,403 to $382,403 (an increase of $15,000) and extends the term of the contract to December 31, 2023.

Attachment:

1. Location Map

2. Professional Services Agreement with Stantec

3. First Amendment
Notification:

None
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64 CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this\ s� day of :Itum\v, 20 V, 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 Stantec Consulting Services, Inc., with its principal place of business at 38 Technology Drive, 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 design 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 design 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 suchprofessional design consulting services for the design of Avenida Pico Class 1 bike/ped phase 1 (From Frontera to Vera Cruz), Project Number 17337 and Avenida Pico widening 1-5 to Frontera., Project Number 18325, ("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 design and construction support 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.

3.1.2 Term. The term of this Agreement shall be from January 2021 through January 2022, 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 1 BBK: August 2018
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Stantec Consulting Services Inc.
38 Technology Drive, Suite 200, Irvine CA 92618-5312

September 21, 2022
File: 204281034
Attention: Mr. Ryan Kim, PE
City of San Clemente
Department of Public Works
910 Calle Negocio
San Clemente, CA 92673
Transmitted via email to [email protected]
Dear Mr. Kim,
Reference: Proposal to Revise the Traffic Analysis Memorandum for the Avenida Pico Bikeway Improvements Project 1 to include the City’s Housing Element Update Stantec Consulting Services Inc. (Stantec) appreciates the opportunity to provide you with this proposal to revise the Avenida Pico Bikeway traffic analysis based on update of the Housing Element for the City of San Clemente, California. It is our understanding that a traffic model run is not required to develop the updated traffic forecasts within the Avenida Pico Bikeway study area. The City has provided Stantec with the San Clemente Housing Element Update Transportation Impact Study, June 2021, from which a 7% traffic volume growth factor has been derived for use in updating forecasts for the revised Avenida Pico Bikeway Improvements Project 1 traffic analysis. We will obtain concurrence from the City on this traffic growth factor before the work is begun. Based on this understanding, we have prepared the attached Scope of Work and Fee Estimate (Attachment A) for your consideration.

Thank you for the opportunity to assist you with this very important project for the City of San Clemente.

Feel free to contact Keith or Jeff if you have any questions or would like to discuss our proposal in greater detail. This proposal is valid for 90 days.

Sincerely,
Stantec Consulting Services Inc.

Keith Rutherfurd TE Jeff Wilkerson PE
Principal Senior Associate
Phone: (949) 322-8196 Phone: (949) 929-1449
[email protected] [email protected] Attachment: Attachment A – Scope of Work, Schedule, and Fee Estimate c. Zak Ponsen, City of San Clemente
Keith Rutherfurd, Stantec
rk v:\2042\active\2042610000\0_framework\6_change_orders\co1_revised_22_0208\co1_san_clem_housing_elem_rep_update_20220209.docx 103

ATTACHMENT A

SCOPE OF WORK, SCHEDULE, AND FEE ESTIMATE

PROPOSAL TO REVISE THE TRAFFIC ANALYSIS MEMORANDUM FOR THE AVENIDA PICO BIKEWAY IMPROVEMENTS PROJECT 1 TO INCLUDE THE CITY’S HOUSING ELEMENT UPDATE Project Understanding
The City of San Clemente is updating the Housing Element of the current adopted Centennial General Plan, which includes a list of potential rezone sites. These sites may, in the future, be rezoned to add an overlay that allows housing development which would add up to 2,481 dwelling units. This work effort involves revising the existing Avenida Pico Bikeway Improvements Project 1 traffic analysis based on future traffic volumes resulting from the additional dwelling units included in the Housing Element update.

For this work effort, Stantec will use a growth factor derived from the San Clemente Housing Element Update Transportation Impact Study, June 2021, to increase existing General Plan volume forecasts to include Housing Element update volumes. Based on review of the housing element update traffic study, a 7% growth rate is proposed and will be discussed with and approved by the City before work is begun.

Scope of Work
I. The update of the Avenida Pico Bikeway Improvements Project 1 traffic analysis will consist of the following tasks:
a. Update the 2035 General Plan No-Project and Project Alternatives 2 and 3 improvement scenarios ICU/LOS and queuing analyses (Alternative 1 is to be deleted), based on the updated (factored) traffic forecasts.
b. Revise the report text, figures, and tables, as needed based on the revised analysis. c. An additional 32 hours to be used for project management, meetings, coordination, and additional design efforts.

Schedule
Task I of the scope of work described above would be completed in approximately four weeks after receiving authorization to proceed and concurrence of the traffic growth factor (7%).

Fee
We will provide the services outlined in the above Scope of Work for a fee of $15,000 as shown in the table below with payments in accordance with the current Professional Consultant Services Agreement for the design of Avenida Pico Class 1 bike/ped project, City Project Number 17337 (December 2020). All other items and conditions of the original Agreement shall remain in full force and effect.

Task Fee
Housing Element Design Change Order $8,500
Additional Project Management/Meetings $6,500
Total Amount $15,000
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Exclusions
The above scope of work specifically excludes the following:
a. Collection of existing condition traffic counts
b. Model runs and analysis
c. Conceptual or final geometric design (except for updating Avenida Pico Project Alts. 2 and 3) 105

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: F.

Department: Utilities
Prepared By: David Rebensdorf, Utilities Director
Subject:

APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RAFTELIS FINANCIAL CONSULTANTS, INC. AND SUPPLEMENTAL FUNDING FOR COMPLETION OF A COMPREHENSIVE COST-OF-SERVICE STUDY OF THE CITY’S WASTEWATER UTILITY.

Fiscal Impact:

Yes. The First Amendment to the Agreement with Raftelis Financial Consultants, Inc. for services needed to complete the Wastewater Cost-of-Service Study is for an amount not to exceed $15,260.

The proposed contract increase is from $46,708 to $61,968, and a supplemental appropriation is recommended in the amount of $15,260 from the Sewer Fund Depreciation Reserve to Account No. 054-471-43690.

Summary:

Staff recommends the City Council approve a First Amendment to the Professional Services Agreement with Raftelis Financial Consultants, Inc. (Raftelis) for a Wastewater Cost-of-Service Study.

Background:

Cost-of-Service studies are necessary to ensure adequate funding to operate and maintain the wastewater system, meet regulatory requirements and replace existing infrastructure. On February 19, 2019, a Cost-of-Service Study was approved by the City Council to evaluate the cost of providing wastewater service to ensure adequate funding and to examine the rate structure (described in detail in Attachment 2). The Study commenced in early 2019 and was nearly completed, but was delayed due to the COVID-19 pandemic.

Discussion:

To complete the Wastewater Cost-of-Service Study, Raftelis provided an additional scope of work to update the model with current financial information, prepare and present to the City Council, finalize the report and conduct a public hearing. The report is critical to ensure adequate funding since rates have only been raised two percent since 2014.

Plan and Policy Consistency:

The approval is consistent with the following General Plan Goals and Policies:
· Goal: Maintain and improve a comprehensive system of potable water supply, storage and distribution, and wastewater treatment, reclamation, and reuse to meet daily and emergency needs in San Clemente.
· Policy: PSFU-5.10. Wastewater System. We provide and maintain a system of wastewater CITY OF SAN CLEMENTE Page 1 of 2 Printed on 10/12/2022
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Meeting Date: 10/18/2022 Agenda Item: F.
· Policy: PSFU-5.10. Wastewater System. We provide and maintain a system of wastewater collection and treatment facilities to adequately convey and treat wastewater generated in the City of San Clemente service area.

Council Strategy:

The approval is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that one of the Operational Tactics noted for this Council Strategy is to complete the Wastewater Cost-of-Service Study.

Recommended Actions:

Staff Recommendation

1. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C19-28, by and between the City of San Clemente and Raftelis Financial Consultants, Inc., providing for a Wastewater Comprehensive Cost-of-Service Study. This Amendment increases the contract amount from $46,708 to an amount not to exceed $61,968 (an increase of $15,260) and extends the contract term through May 31, 2023.

2. Approve a supplemental appropriation in the amount of $15,260 to Account No. 054-471- 43690 from the Sewer Fund Depreciation Reserve.

Attachments:

1. First Amendment to the Professional Services Agreement

2. February 19, 2019 Agenda Report
Notification:

None.

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FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR

WASTEWATER COST-OF-SERVICE STUDY
This First Amendment to Professional Consultant Services Agreement for professional

FINANCIAL CONSULTING SERVICES TO BE PERFORMED IN CONNECTION WITH A WASTEWATER COST-OF-SERVICE STUDY consulting services (this “First Amendment”) is made and entered into on this ____day of ________, 2022, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and RAFTELIS FINANCIAL CONSULTANTS, INC. (“Consultant”).

R E C I T A L S:

A. City and Consultant entered into that certain Professional Consultant Services Agreement for FINANCIAL CONSULTING SERVICES TO BE PERFORMED IN CONNECTION WITH A WASTEWATER COST-OF-SERVICE STUDY (the “Agreement”) on February 19, 2019.

B. City and Consultant desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 1.1 of the Agreement is hereby amended by extending the Agreement through May 31, 2023.

Section 1.2 of the Agreement is hereby amended by adding services to provide for continued financial consulting services to be performed in connection with a Wastewater Cost-ofService study. In addition to the services to be performed by Consultant as referenced in Exhibit A to the Agreement, Consultant shall also perform those services described in Exhibit “A” to this First Amendment, which exhibit is attached hereto and incorporated herein by this reference.

Section 3.1 of the Agreement is hereby amended by increasing the not to exceed amount from Fourty Six Thousand Seven Hundred and Eight Dollars ($46,708) to Sixty One Thousand Nine Hundred and Sixty Eight Dollars ($61,968) for the remainder of the Agreement.

Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.

Attachment 1
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ 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

__________________________
(“CONSULTANT”)

By:_____________________________
Its:_____________________________
Dated: __________________, 20____
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EXHIBIT “A”
Please see attached proposal from Raftelis Financial Consultants, Inc. dated August 26, 2022. 110
445 S. Figueroa Street
Suite 1925
Los Angeles, CA 90071
Phone 213.262.9308
Fax 828.484.2442
www.raftelis.com
August 26, 2022
Mr. David Rebensdorf
Utilities Director
City of San Clemente
380 E. Avenida Pico, Building N
San Clemente, CA 62672
Subject: San Clemente Wastewater Rate Study
Dear Mr. Rebensdorf,
As of the last billing cycle, for the month of July, the remaining budget for the San Clemente Wastewater Rate Study was approximately $1,000. The project was started in January of 2019 but postponed due to Covid. Starting and stopping the project contributed to the budget depletion as more meetings are required. We also updated the model with FY 2022 and 2023 revenue and expenses and reserve balances so that the financial plan and rates are up to date which was not part of the original scope.

We estimate the following tasks are required to complete the study:
1) Finalize rates with staff,
2) Prepare a presentation for City Council,
3) Prepare draft and final reports,
4) Prepare a public hearing presentation and present at a public hearing.

If you feel additional items may be required, please let me know. The proposed fee and hours to complete that study are shown in the fee table below. Note that we assumed the meetings are virtual however we could assume in-person meetings if desired. Please let me know if you have any questions.

Sincerely,
RAFTELIS FINANCIAL CONSULTANTS, INC.

Steve Gagnon, PE (Licensed in AZ)
Sr. Manager
Cell: 714 351 2013
Email: [email protected]
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If acceptable to you, this letter maybe used to form an agreement by signing below.

Accepted by The City of San Clemente
By:

Title:

Date:

Hours
SG SC Admin Total

1. Finalize Rate Study Model 1 2 2 4 $990

2. Prepare Presentation and Present to City
Council 1 5 3 8 $2,075

3. Prepare Draft and Final Reports 12 36 2 50 $10,920

4. Public Hearing 1 5 4 9 $2,275
Total Estimated Meetings / Hours 3 0 24 45 2 71
Hourly Billing Rate $285 $190 $80
Total Professional Fees $6,840 $8,550 $160 $15,550
Total Fees $15,550
Total Expenses $710
Total Fees & Expenses $16,260
Less Remaining Funds $1,000
Total Requested Amendment $15,260
San Clemente Wastewater Model
Total Fees &
Expenses
SG - Steve Gagnon, PE, PM
SC - Staff Consultants
Admin - Corporate Functions
Tasks
Web
Meetings
Number of
In - Person
Meetings
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: G.

Department: Community Development
Prepared By: Cecilia Gallardo-Daly, Community Development Director Agendized by: Cecilia Gallardo-Daly, Community Development Director Subject:

APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH MOFFATT & NICHOL FOR

DEVELOPMENT OF A NATURE BASED COASTAL RESILIENCY PROJECT FEASIBILITY STUDY IN CONNECTION WITH THE LOCAL COASTAL PROGRAM ROUND 7 CALIFORNIA COASTAL COMMISSION GRANT.

Fiscal Impact:

No. The contract amount will be reimbursed by the California Coastal Commission Local Coastal Program Round 7 Grant.

Summary:

Staff recommends that City Council approve and authorize the City Manager to execute the Professional Services Agreement between the City of San Clemente and Moffatt & Nichol to develop a nature based coastal resiliency project feasibility study for the City. The contract amount is $300,000 and the term of the contract runs through December 31, 2025.

Background:

On December 7, 2021, the City Council authorized staff to submit a grant application to the California Coastal Commission (CCC) in support of Coastal Resiliency Plan implementation actions. On March 9, 2022, the CCC approved the grant application and the CCC LCP Round 7 Grant was executed on June 1, 2022.

Discussion:

Task 2 of the CCC Round 7 Grant is the Nature Based Coastal Resiliency Project Feasibility Study.

Strategies that capitalize on building with nature can protect coastlines from current and future coastal hazards while also providing benefits in the form of public beach restoration and the enhancement of recreational and ecological resources. This effort will utilize and build on the data generated by the City’s Shoreline Monitoring Program re-established in September 2022 and will facilitate key recommendations contained in the City’s 2021 Coastal Resiliency Plan. Development of nature-based shoreline projects will enable the City to protect beaches that serve as a natural shoreline protective buffer and support a sustainable, healthy, and resilient environment for all. The outcome of this effort is a feasibility study focused on critical erosion hot spots and identification of opportunities to develop one or more nature-based pilot projects that provide multiple public benefits.

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Meeting Date: 10/18/2022 Agenda Item: G.

Recommended Actions:

Staff Recommendation

1. Approve, and authorize the City Manager to execute, Contract No. ____, by and between the City of San Clemente and Moffatt & Nichol, providing for the development of a nature based coastal resiliency project feasibility study for the City, in the amount of $300,000.

2. Accept grant revenues from the California Coastal Commission in the amount of $300,000 to Account No. 001-000-33490.

3. Authorize a related budget appropriation of $300,000 to Account No. 001-431-43890.

Attachments:

1. Professional Services Agreement with Moffatt & Nichol.

2. Proposal from Moffatt & Nichol
Notification:

Not applicable.

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P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study | i

NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY

CONTENTS
SECTION 1
1 Cover Letter
SECTION 2
3 Schedule
4 Technical Approach
SECTION 3
10 About Moffatt & Nichol
11 Subconsultant Team
12 Organizational Chart
13 Key Personnel Resumes
SECTION 4
25 References
26 Similar Project Experience
Attachment 2
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P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study | 1 SECTION 1
Cover Letter
555 Anton Blvd., Suite 400
Costa Mesa, CA 92626
Tel: (657) 261-2699
moffattnichol.com
September 22, 2022
Ms. Cecilia Gallardo-Daly, Director
Community Development Department
City of San Clemente
910 Calle Negocio
San Clemente, California 92673
Subject: Nature Based Adaptation Project(s) Feasibility Study Dear Ms. Gallardo-Daly:

From pickup beach volleyball games by the City Lifeguard Headquarters to professional bodyboard contests at T-Street Beach, the heart and soul of San Clemente’s culture revolves around its beaches and shoreline. However, with the looming threats posed to the shrinking coastal width of the City beaches due to an increasing lack of sand, these valuable natural resources that bring great appeal and attraction to San Clemente are at serious risk and high vulnerability to major loss. Moffatt & Nichol (M&N) fully understands this and through a specialized team, possesses targeted expertise and depth of experience to take on the task at hand. We are especially suited to help the City identify feasible solutions that promote long-term resilience of the City’s shoreline. Retaining and reducing the loss of sand along the shoreline is becoming increasingly more vital for preserving San Clemente’s precious coastal resources. Our team recognizes the City is using this proposal as an opportunity to address these issues head-on. We bring a creative group of outof-the box thinkers alongside more traditional strategists to better cover all available options that provide the City with a wide variety of choices in approach to resolving these issues. We will design self-adaptable, functional recommendation measures that can be implemented to effectively address problems associated with both short- and long-term sea level rise timescales.

We selected this team to include individuals who know San Clemente and are innovative thinkers, green- and eco-minded (with many of them being avid surfers), and experienced in coastal resilience projects. This gives the City the best team tailored to partner and collaborate with on this project and beyond. Members of our interdisciplinary group have worked together in the past to solve similar problems in Southern California. We will use this experience and lessons learned to design specialized solutions that serve the unique needs and coastal issues faced by San Clemente. Our team includes M&N as the prime consultant, with subconsultant partners GHD Consultants (GHD), Coastal Restoration Consultants (CRC), and the Coastal Frontiers Corporation (CFC).

Benefits the City will gain from utilizing this team are:
– Greater creativity and probability of success due to lessons-learned from proven, creative and innovative ideas for highly successful nature based solutions projects implemented in southern California (Surfers Point, Cardiff Living Shoreline, Pillar Point path, and Capistrano Beach).
– Less time and budget needed to come up to speed and higher likelihood of effective results due to our extensive familiarity with City conditions having prepared the Sea Level Rise Vulnerability Assessment, reviewed the Resilience Plan, and worked on the Marine Safety Headquarters Relocation among other projects (e.g., Municipal Pier repair, Coastal Rail Trail, two beach nourishment efforts, a kelp fly analysis, etc.).
– A local presence available to the City through our coastal San Clemente resident, Justin Peglow, serving as M&N’s Deputy Project Manager and working synergistically with Project Manager Chris Webb out of the nearby Orange County office on the project.
– Broader support and potential partnerships leading to success from the current collaboration with Orange County Parks (OC Parks) on a regional beach nourishment program that can complement the U.S. Army Corps of Engineers (USACE) project as well as this nature based approach. These actions can all be parts of a master plan of resilience. – Success with agencies and the public owing to our extensive experience working with California Coastal Commission (CCC) staff and within the public sphere on projects within and near San Clemente.

SECTION 1
Cover Letter
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P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study | 2 Our enclosed proposal demonstrates our unique approach, comprehensive set of qualifications, and depth of experience needed to provide successful and effective coastal engineering services the City of San Clemente is seeking specifically per the request for proposal (RFP) for this project. We have reviewed the Professional Services Agreement and deem the language as stated as acceptable. I am an authorized representative of Moffatt & Nichol and will serve as the point of contact for this proposal. Please feel free to contact me via the contact information listed below should you have any questions about our submittal.

We appreciate the opportunity to continue working with the City and look forward to the next step in the selection process.

Sincerely,

MOFFATT & NICHOL
Christopher Webb, Project Manager
(562) 810-3664 | [email protected]
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P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study | 4

NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY
Technical Approach
To approach the tasks in the project outlined by the current RFP, M&N has assembled the optimal team by selectively hand-picking top tier industry experts known for their technical knowledge and practical experience in this field of work. Members of this team have worked together before extensively on similar successful projects. Players on the team consist of the members presented below along with a high-level description of their roles in the project:

Moffatt & Nichol (M&N) Prime consultant. Will be the lead on vulnerabilities, adaptation concepts (sand replenishment and retention efforts), beach nourishment, engineering, permitting, and funding.

Coastal Restoration Consultants (CRC) Subconsultant responsible for creative free-thinking on nature based solutions, habitat plans associated with them, and the implementation of such options. CRC is the leader on developing living shoreline concepts and has teamed with M&N on several project including the Carpinteria shoreline, Hermosa Beach, and Broad Beach.

GHD Consultants (GHD) Subconsultant responsible for development of nature based solutions using cobble and sand dunes, and for creating innovative approaches toward potential sand retention solutions. Team members consist of former M&N staff with a proven record of working successfully together with current M&N staff as consulting partners and past co-workers on similar projects.

Coastal Frontiers Corporation (CFC) Subconsultant responsible for interpreting the results of the shoreline monitoring that has occurred to assess the current conditions of City beaches and assisting with performance projection probabilities of alternatives, as well as feasibility of their construction.

SCOPE OF WORK
Subtask 2.1 Contractor Onboarding and Project Kickoff
A kickoff meeting will be organized by City staff and the M&N team will attend. In this meeting the scope and schedule will be refined as needed and the City will define overall goals and objectives for the pilot project(s) while the team confirms the deliverables, deadlines, schedule, etc.

DELIVERABLE:

1. Notes from the kickoff meeting including action items.

Subtask 2.2 Data Collection to Identify Critical Erosion Areas/Hot Spots The M&N team will do the following as part of this task: 1) collect and review available data, 2) make site visits to gain a more intimate and comprehensive understanding of the existing conditions of the City shoreline, and 3) identify and conduct interviews with longterm residents of San Clemente who are experienced with observing the local dynamics and historical changes of the City beaches over time. M&N will also utilize existing reports and historical documents to better understand the erosive processes taking place on the local shores of San Clemente and identify those locations where important City infrastructure or natural resources are most greatly exposed and/or vulnerable to sea level rise (SLR) hazards. Our task is to identify critical erosion areas and hot spots with the objective of focusing specifically on those areas that are erosional problem sites.

Work will involve:
– A literature review for data on the sediment budget in this part of the littoral cell (example documents are the Sediment Budget Report, Oceanside Littoral Cell, U.S. Army Corps of Engineers, 1990; Patsch & Griggs, Littoral Cells, Sand Budgets and Beaches, 2006; and Development of Sand Budgets for California’s Major Littoral Cells, Patsch and Griggs, 2007; shoreline monitoring data, etc)
– Field reconnaissance, resource mapping, and utilization of previous recent studies including the 2019 SLRVA document and others mentioned in this RFP
– Compilation of wind, wave, and wave run-up data including FEMA California Coast Analyses and Mapping Project for Orange County - 2019
– Beach profile and shoreline position data collection
– Extraction and employment of relevant “citizen science” – Interviews with City staff and other experts familiar with the area to help identify known/historic areas of erosion Field visit(s) will focus on both shoreline condition and ecology. The team will conduct field reconnaissance surveys at the Poche Beach through Shorecliffs Beach Club extent, and the shoreline from North Beach to the San Diego County Line. Shoreline conditions will be documented in terms of approximate beach width, presence or absence of dry sand area, vulnerability of infrastructure behind the beach (consistent with the results of the 2019 SLR study), and the presence of dunes or sufficient sand present to be able to form dunes.
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P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study | 5

NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY
Ecological surveys will gather data on existing physical conditions and biological resources to document their status in the project area. This information will also be compared to the City’s shoreline monitoring efforts and and previous resource assessments to help identify trends over time. A clear understanding of both the status and of recent trends in conditions along the coast is crucial to be able to identify and build effective nature based solutions to protect the coast. These reconnaissance surveys will be key to: 1) inform the development of opportunities and constraints in the project area, 2) inform which types of living shoreline approaches will be identified in Subtask 2.5 for the study area, and 3) identify potentially sensitive habitats and/or species throughout the project area that may have significance for permitting and environmental review of potential projects (Subtask 2.6).

The team will characterize the entire coastline based on the numbers and types of zones of habitat that are present under “winter” conditions when the beach is at its minimum width. In general, areas with more zones will be wider, better protect inland areas from coastal flooding, and are expected to be more resilient to SLR. The presence of different habitat zones is also an excellent indicator of potentially ecologically sensitive areas and habitat for different special status species (both plants and animals). The team will map all special status species observed during the field reconnaissance. This up-to-date mapping of biological resources, along with previous studies of the areas, will allow for up-front consultation with the CCC and other agencies on ways to not only avoid potential impacts but identify opportunities for habitat enhancements as part of living shorelines that can benefit sensitive species.

These data, coupled with the identification of erosion hot-spots and modeling, will provide the basis for identifying and refining living shoreline approaches for different reaches of the coastline. This will be especially important for identifying low-cost, light-touch living shoreline approaches in wider areas that are not currently high-risk and can mature over time to provide increased flooding protection to adjacent areas during extreme storms/SLR. This complete characterization of the coastline will be critical to developing the full range of living shoreline approaches and opportunities and constraints for the project area. This is important in aiding the City, the CCC, and stakeholders to identify priority and pilot projects that can help demonstrate the effectiveness of different strategies in areas with a variety of risks now and in the future.

Using the momentum of recent work for the City regarding the LCP and related SLR assessments along the San Clemente shoreline, our team has a running start in carrying this initial data review work forward efficiently. The resultant product will be a database that may contain existing ecology, shoreline positions, nearshore sediment transport estimates, historic erosion rates, prior reports, aerial images, ground photos, damage records, wind and wave data records, and relevant information collected from interviews. These critical data will serve as the scientific basis for solutions recommended in subsequent tasks.

DELIVERABLE:

1. A memorandum identifying critical erosion areas within the City and providing a database of available pertinent data regarding current and historical shoreline conditions that were used to inform this task. These data may include GIS files, images, documents, matrices, and/or any other type of useful information applicable to the study.

Subtask 2.3 Public Outreach Program
Our team will provide assistance presenting information to and collaborate with the City in relations with the public regarding this project and program. We understand that this subtask is led by the City (and others as needed) and intended to provide meaningful opportunities for public engagement that occur regularly throughout the program. We also are aware that the first public outreach meeting may be held via a City Beaches, Parks, and Recreation Commission forum to maximize stakeholder engagement. Meetings may also occur with the City Planning Commission and City Council. We are experienced in presenting to each of these bodies and can provide helpful assistance to City staff at any point or continually.

The team assumes attendance and presentations at up to four (4) public outreach meetings to obtain feedback from the community and interested stakeholders on locations and project types that should be considered. In addition, the public will review and comment on the Draft Reconnaissance Study Report, and potentially contribute citizen science that may help inform the alternatives proposed to be employed in this project.

DELIVERABLES:

1. PowerPoint presentation files for the City to present at public meetings.

2. Notes from the four (4) meetings.

Subtask 2.4 City Staff and Coastal Commission Staff Coordination Our team understands that we will participate in coordination meetings with CCC staff (virtual or in person) as required. This task will be led by City staff and occur at regular intervals (at least twice per year) for the duration of the contract. It is assumed that four (4) of these meetings will be required. Our interaction with CCC staff on nearby similar projects is extensive and we can certainly provide constructive support to the City.

DELIVERABLES:

1. PowerPoint presentation files for the City to present at four (4) CCC staff coordination meetings.

2. Notes from the four (4) meetings.
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Subtask 2.5 Develop Nature based Resiliency Concept Designs The M&N team will work with the City by using existing data and input from the public to generate innovative and sustainable nature based concepts for adaption to sea level rise. The team will prepare conceptual designs for multiple nature based solution pilot projects for the City’s publicly- and privately-owned beaches depending on the outcomes of previous subtasks, particularly that of 2.2. These preliminary design concepts will be evaluated for function and performance as well as for potential upcoast and downcoast impacts and be developed to approximately a 30% design level to support both future additional technical analyses and an environmental review phase as appropriate/necessary. Consideration for scaling and replicating other related and successful nature based resiliency projects elsewhere in California will be incorporated into project design. It is noteworthy to mention that collectively, our team has the largest number of nature based coastal projects within Southern California that can serve as similar examples to inform the present study.

The team may subdivide the City’s coast into numerous “reaches” that can be addressed as separate units to more easily approach the processes that uniquely affect the various locales of the San Clemente shoreline differently. While each reach would potentially be considered as an individual unit with its own tailored strategy at a smaller scale, these would be designed such that they are still able to be easily combined with all other reaches in a larger, holistic shoreline plan. An example of these potential reaches is shown in the attached figure below. While we anticipate dividing the City shoreline into three to four reaches, the total number of these needs to be managed to keep the effort within the budget specified by the RFP.

Some examples of adaptation approaches include, but are not limited to:
– Living shorelines (e.g., vegetated dunes);
– Cobble berms;
– Beach nourishment;
– Sand retention with nourishment;
– Other approaches including managed retreat, and
– Hybrids of any or all the above.
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Our team uses an approach developed on previous projects. It starts with gathering as a workshop and together formulating a broad range of high level ideas with low levels of detail for the City to consider. Developing these “screening alternatives” is where the team will operate “out of the box” and creatively explore a wide range of approaches. These will be aimed towards stimulating discussions with City staff about the types of actions that may or may not be desirable in different reaches. Each reach would have a range from “softer” approaches, which for example, may be relatively more inexpensive and easier to permit but provide less flood protection, to hybrid designs of increasing complexity that may provide more protection now and into the future but at greater cost and permitting complexity. The range of designs for each reach will be based on existing conditions, current flooding hazards, future flooding hazards with two scenarios of SLR, and other complimentary strategies including but not limited to managed retreat and beach nourishment. All designs will consider potential impacts and/or enhancements to natural resources, public access, and relevant types of coastal-dependent recreation. The screening alternatives will be drawn as schematics with brief descriptions and analyses (e.g., bullet points) and will be presented to City staff for review. With City input, we will narrow down options and expand upon the details of two “project alternatives” per reach that optimize different costs and benefits specific to each site.

The project alternatives will be developed and analyzed in greater detail and will be presented to City staff and then to the CCC, stakeholders, and the public for input and comment through the City’s public outreach and education process. Through this process, pilot projects will be identified in multiple reaches where there are the opportunities and needs for intervention in the near-term.

Designs for the pilot projects will be developed to the 30% level and analyzed for effectiveness under different storm and SLR scenarios.

This process of considering a wide range of low granularity approaches early and then narrowing them down and developing increased detail on a focused small subset per client input has proven to be effective on our other past projects. The process stimulates members of the consulting team with different areas of expertise and experience to develop new ideas that can lead to novel and creative solutions. It can also foster an additional layer of ingenuity tailored to the goals of the project, since often successful proposed solutions incorporate blending various aspects of multiple “screening alternatives” outside of what was originally envisioned. This overall approach also allows City staff and the consulting team to interact in analyzing and discussing options that may clearly not be desirable from the City’s point of view, but expected to come up through public or stakeholder comment. It can then be useful for City staff to be able to say such approaches were considered but rejected in the screening alternative process, thus keeping the focus on designs that fit better within the City’s priorities during the public outreach process.

The team will evaluate the alternatives for their performance using proven methods applied on similar projects. The team will analyze how the alternatives reduce wave runup, erosion, and potential flooding, and how long they can remain effective during sea level rise. Our methods include using the two models called XBeach and CoSMoS Coast. Each is briefly described below.

XBeach is a beach profile model that was applied to both the Capistrano Beach living shoreline and Carpinteria Shoreline Management Plan projects. XBeach analyzes cross-shore sand transport, erosion, and the maximum elevation that waves run-up on the beach during significant storm wave conditions. Storm wave conditions may include the 50-year and 100-year storms as examples, both of which are significant storm condition events. This model is developed by USACE and is widely used.

We will supplement this with use of a long-shore sediment transport model called CoSMoS Coast developed by the U.S. Geological Survey. This model will predict sand movement downcoast and display the resulting shoreline position in the future for each alternative during existing sea level. We applied this model to the Capistrano Beach project and results were successfully accepted by the CCC.

Two sea level rise scenarios will be considered in the modeling in addition to existing sea level. The two scenarios are initially recommended to be one half-meter and one meter. The scenarios will be developed in consultation with City and CCC staff. These represent both near-term and mid- to long-term conditions which are more relevant scenarios to analyze within the scope of the project goals and timeline.

DELIVERABLES:

1. A draft memorandum presenting:
a. A delineation of reaches along the City coast to allow for specific geographic units of analysis (three to four reaches are assumed).
b. Concept-level schematic drawings and descriptions of up to two nature based solutions for adaptation per reach (six total are assumed).
c. Photographic examples and synopses of successful nature based solution projects from other similar sites. d. The design bases for the alternatives and evaluations of their performance. 206
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Subtask 2.6 Identity Permit Requirements, Data Needs, and Funding Opportunities The M&N team has assisted clients to implement nature based solution projects in the recent past and will be readily able to identify all potential permit/regulatory approvals needed as well as the agencies responsible for issuing these permits. The team can also follow an approach to permitting that has historically proven to have a high probability of success, such as was done for the Capistrano Beach project. The team will identify the anticipated level of environmental review necessary for the projects as appropriate as well as any remaining data gaps or additional technical studies needed to complete the future design work. Finally, this team will specify performance goals and develop a monitoring program outline that leads to program success.

The team ecologists will outline project-specific monitoring needs and performance goals and metrics for each of the pilot projects identified by Subtask 2.5. Monitoring programs are essential when implementing nature based solutions because, due to their dynamic nature, they tend to naturally erode and rebuild in response to storms. A robust monitoring approach will allow accurate assessment of a project’s performance at any point in time within a dynamic and changing environment. The outline of the monitoring program for each pilot project will address the three phases of: 1) implementation, 2) establishment, and 3) longterm timespan. Our team has prepared such outlines on similar projects, subsequently prepared the entire plan, and conducted the monitoring. We have experience to share that will bring value to the City.

The City will need funding to implement this project. Our team has succeeded in assisting other agencies apply for and secure funding and we will bring that expertise to this effort. Our approach is to prepare a matrix of funding sources through research and announcements. M&N did this for the City of Del Mar by incorporating a list of funding opportunities prioritized from most- to least likely to obtain successful granting. We also produced a chronologically organized timeline for grant application submittal deadlines as a funding strategy. This organizational effort to combine funding source information together is a tedious, yet critical task in effectively securing sufficient funds needed to complete program objectives.

Our team is very familiar with available funding resources from the State Department of Boating and Waterways (now part of California State Parks), grants for resilience from Caltrans, and many other grant opportunities such as from the Ocean Protection Council, California Department of Fish and Wildlife, California State Coastal Conservancy, National Oceanic and Atmospheric Administration, and National Fish and Wildlife Foundation, to name a few. The team is also available to assist the City in the future with applications for securing funding after the conclusion of this project.

DELIVERABLES:

1. A draft memorandum presenting the following:
a. A matrix of permit requirements, related regulatory agencies, and key contacts. b. An outline of performance goals and monitoring requirements. c. Any environmental review requirements.
d.Additional data and analysis needs.
e. A compilation of funding opportunities and sources indicating those with the highest probability of successful award and order of application submittal timeline requirements if multiple grants are applied for. Any required matching funds will also be identified.

Subtask 2.7 Prepare Preliminary Design and Feasibility Report This task involves the preparation of an internal draft, a public review draft, and a final draft report compiling/encompassing the information obtained from all previous tasks. There will be a minimum 30-day public as well as a CCC staff comment period for the public review draft. The final draft report will be revised to address public and CCC staff comments, summarize opportunities and constraints, refine project recommendations for implementation, and identify next steps for consideration.

The document will include the information provided in the previous memos and consist of text, tables, and figures as well as appendices as appropriate. It will also provide a roadmap to implement the prototype projects used to guide future investments. The document will be presented in a lay-friendly format that can be easily understood by the public.

DELIVERABLES:

1. Public review draft(s) of the Preliminary Design and Feasibility Report (two iterations assumed);

2. Final draft of the Preliminary Design and Feasibility Report; and

3. PowerPoint presentations made to the City’s Beaches, Parks and Recreation Commission, Planning Commission, and/or City Council.
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MEETINGS AND TELECONFERENCES
The project will include meetings and teleconferences (telecons) with the project team and the City. The team expects to collaborate internally and with the City on every task and as such it is suggested that progress meetings/telecons be scheduled strategically. The anticipated meetings and telecons are listed below. A maximum of five (5) meetings are anticipated to be needed.

1. Project Kick-Off Meeting –The team and City will meet and discuss the project goals, expectations, scope of work, schedule, and plan. Notes from the meeting will be provided to the City.

2. Task 2.2 Progress Meeting –The team and City will meet to discuss the Task 2.2 deliverables and identify any needed modifications. Notes from this meeting will be provided to City.

3. Task 2.5 Progress Meeting – The team and City will meet to discuss the Task 2.5 deliverables and identify any needed modifications. Notes from this meeting will be provided to City.

4. Task 2.6 Progress Meeting – The team and City will meet to discuss the Task 2.6 deliverables and identify any needed modifications. Notes from this meeting will be provided to City.

5. Task 2.7 Progress Meeting –The team and City will meet to discuss the Task 2.7 deliverables and identify any needed modifications. Notes from this meeting will be provided to City. 208
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SECTION 3
About Moffatt & Nichol
M&N was founded in Long Beach in 1945 to provide ocean and coastal design engineering services. Seventy-seven years later, M&N has become an international leader in the planning and design of infrastructure and facilities that surround our rivers, harbors, and coastlines, serving clients worldwide from offices in North America, Europe, and Latin America. M&N offers our clients more than 900 professional and experienced staff who specialize in coastal, structural, civil, and marine construction related engineering.

M&N provides a range of quality engineering services and is recognized as a global expert in coastal engineering. Our firm understands the community needs and is proficient in applying the latest scientific tools in our coastal regions, including coastal modeling and hydraulics, the most recent sea level guidance, marine construction cost estimating, and navigating the challenging regulatory regime. Our experience and approach lead to buildable and maintainable projects with smooth environmental processes where innovative, environmentally meaningful, and fiscally responsible project solutions are implemented.

COASTAL EXPERTS
This proposal will demonstrate M&N ’s qualifications and experience in coastal design, permitting, CEQA, and construction support for shoreline protection projects in California.

We are national and regional leaders in the design and permitting of shoreline projects that include rock revetments (new and repaired), vertical walls, beach nourishment, sand retention devices, cobble berms, and living shorelines (e.g. vegetated dunes). We are uniquely qualified with our current site knowledge and experience leading the engineering and permitting for the previous projects for the City.

M&N’s coastal engineers and scientists are industry leaders in shoreline morphology modeling considering sea level rise impacts, wave and tsunami modeling and FEMA Coastal Floodplain mapping. They have preformed these services on projects for coastally impacted clients extensively in Southern California.

M&N also develops detailed hydrologic and hydraulic studies to evaluate and define the nature of flooding, potential impacts to infrastructure and habitat, viable alternatives analysis, and development of sustainable solutions. We routinely apply numeric models to establish boundary conditions, characterize existing systems, and predict future parameters based on proposed system modifications. Our capabilities also include sediment transport modeling that can simulate the sedimentation patterns and transport processes in coastal systems. Our shoreline modeling work includes projects in Orange, San Diego, and Santa Barbara counties.

We used Genesis for all three counties, and CoSMoS Coast for the Capistrano Beach project.

A LOCAL’S UNDERSTANDING OF CITY NEEDS
M&N has extensive, recent, similar project experience and will apply our lessons learned from working on the City’s Sea Level Rise Vulnerability Assessment Project and Lifeguard Headquarters Analysis of Shoreline Project. Our proposed deputy project manager, Justin Peglow, is a San Clemente resident and lives less than five minutes away walking distance from the project location.

MOFFATT &
NICHOL

B Y T H E

NUMBERS

MAIN POINT OF

CONTACT/ PROJECT

MANAGER

CHRIS WEBB
FIRM

HEADQUARTERS
4225 East Conant Street
Long Beach, CA 90808
900+

EMPLOYEES WORLDWIDE

AVAILABLE
STAFF

IN SOUTHERN

CALIFORNIA

TYPE OF

ORGANIZATION

CORPORATION

YEARS FOUNDED
1945
45 OFFICES WORLDWIDE
232
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Subconsultant Team
M&N has built a team to support the City that will maximize efficiencies through shared knowledge and local connections. Our team of subconsultant experts include Coastal Restoration Consultants for nature based green solutions, Coastal Frontiers Consultants for shoreline monitoring efforts, and GHD Consultants to support sea-level rise assessments.

Coastal Frontiers Corporation (CFC) provides specialized consulting services in coastal engineering, coastal oceanography, and shoreline/coastal structure surveying. CFC capabilities range from data acquisition and regional coastal shoreline dynamics analyses through design, construction support, and performance monitoring. They undertake office and field studies to fulfill clients’ objectives, which range from applied research to solving practical engineering problems. This combination of field and analytical skills has enabled CFC to perform more than 1,000 coastal projects since their inception. Their services encompass all phases in the service life of coastal and nearshore structures, including planning, permitting, design, construction, monitoring, maintenance, and removal. Clients have included the Los Angeles District of the U.S. Army Corps of Engineers, the U.S. Department of the Interior, the State of California, the San Diego Association of Governments, the counties of Orange, Los Angeles, Ventura, and Santa Barbara, coastal cities that include San Clemente, Carlsbad, Encinitas, Solana Beach, Laguna Beach, and Long Beach, and the Surfrider Foundation.

CFC has been based in Southern California for their entire 34-year history. This presence, combined with their ongoing involvement with field as well as analysis projects, has provided them with extensive first-hand knowledge of the coastal environment. In addition, they are familiar with repositories of historical data, local construction materials and practices, and representatives of the key federal and state regulatory agencies. CFC was directly involved in the City’s previous work on the San Clemente Shoreline Monitoring Program and has experience working near the project location including engagement in the Coastal Engineering Analysis for the Marine Safety Building Seawall and Shoreline Erosion Monitoring and Projections for Marine Safety Building.

Coastal Restoration Consultants (CRC) specializes in planning, managing, and implementing large-scale ecological restoration projects. They aim to maximize project ecological benefits and long-term sustainability now and into the future, planning for climate change and SLR. The firm focuses on restoring high-functioning resilient coastal ecosystems using creative, science-based approaches to restore natural ecosystem processes. Over the past 15 years they have worked on several regionally significant restoration planning and implementation efforts in southern California in a wide variety of habitats.

Their projects emphasize the importance of defining clear restoration goals and using a research-based adaptive approach to attain those goals. Their approach integrates restoration of natural processes with principles of landscape ecology to design self-sustaining projects. With a long track record of working synergistically with M&N on many successful projects, including the currently ongoing Carpinteria Living Shoreline project. CRC has been selected to create the adaptation plan for that project due to their expertise in the arena as well. Their adaptation concepts are nature based and directly apply to beach sites, with an approach best-suited for this project.

GHD Consultants (GHD) has enhanced the health and sustainability of local communities and ecosystems through the analysis, design and implementation of numerous coastal resiliency projects throughout California.

They understand the project drivers, stakeholders, and regulatory settings which allows them to develop viable and innovative projects for their clients. Their guiding design principles focus on using the best available science to develop multi-benefit projects that preserve and enhance California’s unique coastal resources.

Their team members are recognized leaders in coastal science and engineering and are backed by GHD’s global network of over 10,000 technical experts who routinely collaborate to share lessons learned, provide independent reviews and stay up to date with latest science and technologies related to coastal resiliency. GHD team members have worked with M&N for over a decade. Aaron Holloway and Brian Leslie both played important roles in the development of the City of San Clemente’s Sea Level Rise Vulnerability Assessment while employed with M&N. Aaron led the preparation of the plan while Brian served in a QA/QC role. Aaron also contributed to the preparation of the City’s Coastal Resiliency Plan. 210
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Organization Chart
In an effort to provide the highest level of service possible, proposed Project Manager Chris Webb has assembled a team of in-house staff and specialty subconsultants—one that has worked together in the past on similar projects. M&N has brought together a expert and specialized team of professionals to provide the required services for this project, strategically and purposefully selected to provide complementary and supplementary services, and each firm is highly qualified to provide the services for which they are responsible. Our team members have all played, or are currently playing, important roles on projects similar to this one.

NATURE-BASED

RESILIENCY CONCEPTS
Dave Hubbard CRC
Matt James, MS CRC
Brian Leslie GHD
Chris Webb
Justin Peglow

PROJECT MANAGER
Chris Webb

DEPUTY PROJECT MANAGER
Justin Peglow

PROJECT DIRECTOR & QA/QC
Shelly Anghera, PhD

CITY OF SAN CLEMENTE
Cecilia Gallardo-Daly

VULNERABILITIES
Jake Thickman
Aaron Holloway GHD
Justin Peglow
Greg Hearon CFC
Chris Webb

PERMITTING

REQUIREMENTS
Kim Garvey
Brian Leslie GHD
Chris Webb

PRELIMINARY DESIGN
Design
Kim Garvey
Weixia Jin, PhD, PE
Aaron Holloway GHD
Dave Hubbard CRC
Analysis and Modeling
Weixia Jin, PhD, PE
Bryce Corlett, PhD, EIT
Constructability
Matt James, MS CRC
Russ Boudreau, PE, DCE,

DPE CFC
Matt Taylor
Costs
Matt Taylor

FUNDING

OPPORTUNITIES
Beach Economics
Phil King
Grant Opportunities
Phil King
Chris Webb
Jake Thickman
LEGEND
All staff is M&N unless otherwise noted.

Key Personnel

SUBCONSULTANTS
CFCCoastal Frontiers Corporation
CRCCoastal Restoration Consultants
GHD GHD, Inc.
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CHRIS WEBB
Project Manager
Chris is a coastal scientist who specializes in coastal planning and geomorphology, including projects involving shoreline planning, coastal impact studies, beach nourishment, wetland restoration, riverine restoration, water quality assessments, and field data measurement. He performs concept and environmental planning services, prepares sampling and analysis plans, assists with designs, secures permits, performs presentations to clients and the public, and serves as a supervisory-level project manager. Nature based solutions are the emphasis within his purview of adaptation strategies to climate change with the objective of increasing the resilience resilience of coastal sites.

REPRESENTATIVE PROJECT EXPERIENCE
San Clemente Opportunistic Beach Fill Program, San Clemente, CA. Project manager who oversaw a program that acquired general permits for placing a maximum total of 300,000 cubic yards of sand on three of the city’s beaches per year. The sand had to meet certain criteria for grain size, chemistry and color. Placement had to occur in a fashion that mimiced nature to the greatest degree. Sand was transported to the beach by truck. The first project occurred in summer of 2005 with 5,000 cubic yards of sand and the second in 2016 with 12,000 cubic yards of sand from Santa Ana River dredging.

Hermosa Beach Living Shoreline, Hermosa Beach, CA. Project manager the leading the development of resiliency improvements to design a living shoreline. These green infrastructure improvements will help protect coastal infrastructure from flooding with sea level rise.

San Elijo Lagoon Restoration and Cardiff State Beach Living Shoreline, Encinitas, CA. Project manager who led the planning and engineering for the restoration of 1,000 acres of degraded wetland at San Elijo Lagoon. Managed the preliminary and final engineering tasks, as well as led the team for environmental review and permitting. Coordinated lagoon and shoreline modeling to address hydrodynamics, sedimentation, and water quality. This project includes nature based solutions for multiple problems, including sand placement, living shorelines, and wetland restoration. Incorporated beach nourishment to the living shoreline project in 2018 which was subsequently renourished in 2021. The team is currently providing post-construction monitoring.

Carpinteria Dune and Shoreline Management Plan Project, Carpinteria, CA. Managed the effort to analyze the City of Carpinteria’s shoreline for erosional hot spots and recommend nature based solutions. The project team included CRC for their ecological expertise and both M&N and CRC formulated a living shoreline concept along the City beach that was a single-ridge planted dune with a widened beach in front of it, as well as pilot sand retention groin to hold the position of the beach during storm wave conditions. Modeling showed the dune to reduced wave runup and overtopping. The project was modeled after the adjacent Carpinteria State Beach that possesses natural dunes.

Coastal Regional Sediment Management Plan, San Diego, CA. Managed preparation of San Diego Coastal Regional Sediment Management Plan (CRSM Plan). The CRSM Plan analyzed the need for regional sediment management and specified conceptual projects and tasks to be completed to implement the Plan in San Diego. M&N worked on several projects resulting from the Plan. Projects consisted of large-scale beach nourishment, lagoon dredging and small-scale nourishment, utilization of surplus upland material for nourishment, and installing sediment retention devices along the coast.

YEARS OF EXPERIENCE
33 EDUCATION
BA, Physical Geography, San
Diego State University
MA, Geography, San Diego
State University

OFFICE LOCATION
Costa Mesa

AFFILIATIONS
California Shore and Beach
Preservation Association
(CSBPA), Director
Key Personnel Resumes
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SHELLY ANGHERA, PHD
Project Director, Quality Manager
Shelly Anghera is a principal scientist with more than 20 years of experience conducting field and laboratory studies related to eco-toxicology and sediment quality characterization. Her expertise centers on field study design, sediment characterization, water and sediment testing and analysis, implementation strategies for dredged material management, total maximum daily load (TMDL) compliance, and California’s sediment quality objectives application.

REPRESENTATIVE PROJECT EXPERIENCE
Regional Contaminated Sediment Management Plans, Los Angeles County, CA. Led the development of four complimentary plans for the City of Long Beach, City of Los Angeles, and County of Los Angeles for the long-term management of legacy contaminants in marine sediments to promote management actions that are ecologically beneficial and logistically and economically feasible. The plans detail processes to identify, prioritize, and manage impacted sediments. The effort continues with the development of a fourth contaminated sediment management plan for Marina del Rey.

Total Maximum Daily Loads Services, Long Beach, CA. Principal scientist in developing a comprehensive strategy and program under contract to the Port of Long Beach to support the implementation and compliance with TMDLs. The program extends over 10 years and $10,000,0000 of services to develop and negotiate responsible management solutions based on sound science for TMDL reconsideration.

Copper and Organochlorine Pesticide TMDL Support, Newport Beach, CA. Assisted the City of Newport Beach to prepare for upcoming water quality regulations for legacy pollutants and copper boat paint. Legacy pollutants include pesticides and herbicides that have been discontinued but remain at significant levels in the environment. Copper-based antifouling paints used to protect underwater boat hulls by reducing the growth marine organisms have been identified as the largest source of copper contaminants in local boating harbors, including Upper and Lower Newport Bay. Boat bottom cleaning and normal leaching activities have resulted in the release of copper into the water and sediments. Assistance has included conducting technical presentations, designing special studies, and developing potential management strategies.

Technical Feasibility Evaluation for Outer Harbor Sediment Placement and Ecosystem Restoration (OHSPER) Site, Long Beach, CA. Led a series of technical evaluations to support to support engineering design and permitting for the Port of Long Beach to permit a confined aquatic disposal (CAD) facility in the port’s outer harbor, known as the OHSPER site. The site will be developed to receive both clean and contaminated sediments for long-term sediment management. Studies included evaluation of the physical isolation of contaminants (i.e., prop wash, anchor scour, and bioturbation) and chemical containment (i.e., contaminant flux via advection or diffusion). Also led the development of an operations management and monitoring plan (OMMP) to document the planned approach for managing the site, which included monitoring procedures for key aspects of site use.

Pre-Design Sediment Sampling and Preliminary Ecological Risk Assessment for Determination of Sediment Remediation Alternatives, Los Angeles, CA. Led a team of scientists for the design, interpretation, and development of various remedial alternatives for the Southwest Marine and Al Larson Boat Shop tenant sites for the Port of Los Angeles. Study involved estimation of ongoing contributions and source tracking of landside portions of leasehold areas into the water and sediment on the waterside portion of the leasehold area. Managed sampling and analysis plan, sample size justification, mapping, quality assurance plan, statistical analyses, and the development of conceptual remedial designs for Port of Los Angeles engineers.

YEARS OF EXPERIENCE
20 EDUCATION
PhD, Environmental Health
Sciences, University of
California, Los Angeles
BS, Aquatic Biology, University
of California, Santa Barbara

OFFICE LOCATION
Costa Mesa & Carlsbad

AFFILIATIONS
Western Dredging Association
(WEDA), Vice President of
Pacific Chapter
Western Dredging Association
(WEDA), Board Member and
Chair of the Technical Paper
Committee
Los Penasquitos Lagoon
Foundation, Treasurer and
Board Member
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JUSTIN PEGLOW
Deputy Project Manager
Justin Peglow is a Coastal Scientist with a comprehensive research-based academic background in environmental and marine biological sciences. He has a wide range of professional experience in various work settings including but not limited to Nuclear Operations, Environmental Health and Safety oversight, project management, and state-funded grant marine ecology researcher positions.

REPRESENTATIVE PROJECT EXPERIENCE
Point Mugu Wetland Restoration Project, Point Mugu Naval Base, CA. Coastal scientist collecting tide gauge data and beach sediment samples in-field, as well as gathering and processing historical wave data influencing project site. Interfaces with client and contracting partners regularly and designs shoreline protection concept for construction. Project scope includes restoring recurrent dune overwash sites along the shoreline to restore natural tidal circulation and improve habitat function. Development of successful rehabilitation and fortification design is to be led by measuring parameters of presently degraded ecosystem and comparing to historic records/causative factors to better establish a healthy equilibrium.

Mission Bay Preliminary Environmental Impact Report: Supplemental Environmental Programs Additional Technical Studies, Mission Bay, CA. Coastal scientist engaging in technical writing and principal composition of official report on a wave, current, and tidal study in Mission Bay. Meets with client, contracting partners, and stakeholders, and leads more junior staff in support of the technical document. The project entails better understanding the erosive mechanics of the shoreline in vulnerable areas of the Bay via in-situ measurements of related environmental parameters. Understanding what drives shoreline instability within this system will greatly improve the success of long-term restoration efforts to be defined in later phases of the project.

San Elijo Lagoon Monitoring Study, Cardiff-By-The-Sea, CA. Coastal scientist collecting tide gauge data in-field, and servicing and re-installing underwater sensors at study site. Meets with client and contracting partners and engages in additional monitoring study concepts and designs.

Project scope involves continuous monitoring post company-designed, major lagoon restoration effort to enhance natural tidal current flow into estuarine system. Monitoring efforts postconstruction provide information for future modifications to intimately follow and inform actions that ensure the health of the ecosystem.

San Dieguito Lagoon Restoration Plan, Del Mar, CA. Coastal scientist deploying, extracting data from, and maintaining tide gauges in the San Dieguito Lagoon. Both in-situ water quality parameter data are taken periodically on-site as well as that from water level meters installed to track tidal influence at multiple points within the watershed. The W-19 site has been proposed to undergo habitat restoration after longstanding anthropogenic disturbance and degradation (concept design by M&N). Fifty acres of the lagoonal environment is to be rehabilitated to healthy function, the degree to which can be partially tracked based on the amount of tidal flux and dissolved oxygen within the system. Ongoing monitoring efforts facilitate improved restoration success and maintenance measures.

Huntington Beach Wetlands Talbert Outlet Closure Water Quality Monitoring, Huntington Beach, CA. Coastal scientist performing regular detailed water quality data collection utilizing a submergible multiparameter sonde at various points along the Huntington Beach Wetlands watershed complex. After the heavily anthropogenically constricted tidal inlet of the Huntington Beach Wetlands was naturally closed by a storm event in 2022 (and temporarily prevented from reopening due to regulatory constraints), monitoring was needed to determine the impacts of the closure on the water quality and health of the estuarine ecosystem. The regular monitoring of water quality after tidal flow was cut off will help drive mitigation measures for related impacts to the habitat before and during restoration and allow for a nimble response by stakeholders to the ecosystem needs.

YEARS OF EXPERIENCE
10 EDUCATION
MS, Marine Science, Moss
Landing Marine Labs &
California State University
BS, Environmental Sciences,
University of North Carolina

OFFICE LOCATION
Costa Mesa & Carlsbad

REGISTRATION/

CERTIFICATION
360 Training, OSHA 30-Hour
Construction Industry, 2014
Professional Association of
Diving Instructors (PADI), Open
Water Diver, Diver Number:
0808049985, 2008

AFFILIATIONS
American Shore & Beach
Preservation Association
(ASBPA), Member
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KIM GARVEY
Permitting Requirements
Kimberly Garvey has obtained more than 70 regulatory permits on a variety of coastal projects.

Her permitting and environmental review experience includes determination of permitting requirements and schedules, coordination with regulatory agencies, permit applications, permit follow-up, development of project descriptions and construction methods for environmental review (CEQA and NEPA) documents, coastal impact analyses, and compensatory mitigation plans.

The projects have involved the U.S. Army Corps of Engineers, State and Regional Water Boards, California Coastal Commission, California State Lands Commission, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, NOAA National Marine Fisheries, U.S. EPA, U.S. Coast Guard, and County and City agencies.

REPRESENTATIVE PROJECT EXPERIENCE
Capistrano Beach County Park Shore Protection, Orange County, CA. Prepared engineering plans and supported Coastal Commission permitting for construction of emergency shoreline protection along Capistrano Beach. Evaluated shoreline protection alternatives. Performed analyses/modeling for long-term beach nourishment. Currently supporting acquisition of Coastal Commission permit and development of County’s Master Plan for both interim and long-term time horizons. Preparing Plans, Specifications, and Estimates (PS&E) for beach nourishment/cobble berm/vegetated dunes pilot project.

San Onofre and Doheny and State Beaches, San Onofre and Dana Point, CA. Project manager responsible for developing shoreline alternatives analysis report and long-term coastal hazards management plan to address ongoing coastal erosion at both State Beaches. Supported DPR on Coastal Commission permitting and construction of emergency shore protection to maintain public access to Surf Beach.

Lower Santa Ana River Sand Management, Orange County, CA. Project manager responsible for leading the preparation of engineering plans and bid documents, permits acquisition, CEQA, sediment characterization, biology work, construction support, and post-construction reporting. Project included maintenance dredging of the river and beneficial reuse of the material on adjacent beaches, including Newport Beach. Currently providing postconstruction permit compliance, including beach profile, surf, and eelgrass monitoring.

Seacliff Shore Protection, Ventura County, CA. Prepared coastal engineering analyses (wave uprush study), obtained regulatory permits, prepared bid documents, and provided engineering support during construction. Regulatory agencies include the CCC, CA State Lands Commission, USACE, RWQCB, and the County of Ventura. Project is for the repair of a rock revetment shore protection of Seacliff Beach Colony homes.

Hueneme Beach Shore Protection, Port Hueneme, CA. Obtained both emergency and longterm regulatory permits for rock revetment shoreline protection. Supported development of the CEQA document. Prepared coastal engineering analyses (wave uprush study) and engineering bid package and provided engineering support during construction.

Sandpoint Road (Sandyland) Shore Protection, County of Santa Barbara, CA. Led the permit process for repair of the existing rock revetment. Supported preparation of design plans and development of the pull-back revetment alternative.

Goleta Beach County Park, Goleta, CA. Prepared engineering plans and supported County to obtain emergency permits for construction of shoreline protection (rock revetment and sand berm) along Goleta Beach in response to El Niño conditions. Assisted on several sand nourishment projects. Prepared project documents necessary to meet regulatory requirements. Assessed and reported on pre- and post-nourishment monitoring results. Supported development of Long-Term Protection Plan EIR.

YEARS OF EXPERIENCE
19 EDUCATION
MS, Aeronautical and
Astronautical Engineering,
Purdue University
BS, Mechanical Engineering,
University of California, Santa
Barbara

OFFICE LOCATION
Long Beach

REGISTRATION/

CERTIFICATION
Certificate, Coastal
Engineering, Old Dominion
University, 2006

AFFILIATIONS
President, California Chapter
of American Shore and Beach
Preservation Association
(CSBPA)
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NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY

WEIXIA JIN, PHD, DCE, PE
Analysis and Modeling
Dr. Weixia Jin joined Moffatt & Nichol in 1997 and has since participated in a wide range of wetlands, marina, coastal, estuary, watershed, and riverine engineering projects. Her engineering experience includes engineering designs of tidal control structures, revetments, tidal inlets, jetties, weirs, and shore protection structures; numerical modeling of wetland hydraulics, wetland and coastal water quality, wetland sedimentation, wave and tsunami propagations, and coastal watershed hydrology and hydraulics; engineering studies of wave runup, overtopping and damage; preparation of bridge hydraulics and sedimentation reports. She is fully trained in Moffatt & Nichol’s Quality Management System and often serves in this role on area projects.

REPRESENTATIVE PROJECT EXPERIENCE
San Elijo Lagoon Restoration and Cardiff State Beach Living Shoreline, Encinitas, CA. Task manager who identified additional information and provided technical support needed for preparing a joint Environmental Impact Report/ Environmental Impact Statement (EIR/EIS) for the project. Performed tidal and flood hydrodynamic modeling with RAM2 model, and salinity dilution and bacteria water quality modeling during the storms with RMA4 model. Also conducted tidal muting and inlet stability studies, analyzed impacts of sea level rise, and predicted flood/ebb shoal growth rate and lagoon sedimentation trends and patterns. Designed the riprap shore protection for the tidal entrance channel, embankments, and pedestrian bridges and assisted with postconstruction monitoring.

Talbert Regional Park Restoration Project Orange County, CA. Task manager who performed tidal hydraulic modeling analysis, provided wetland hydrology for restoration and sized hydraulic connections to the Santa Ana River.

Final Design for Bolsa Chica Lowlands Restoration, Huntington Beach, CA. Conducted the tidal flood hydrodynamic modeling with the RMA2 model for wetland habitat, a 350-foot-wide tidal inlet, and bridge designs; developed a flood shoal management plan; performed bridge scour analysis with HEC-18 methods; prepared a bridge hydraulic report reviewed by Caltrans; designed tidal inlet, jetties, water level control structures for connections between the full tidal basin and muted tidal basin, and the pre-filled ebb bar. Dr. Jin also performed studies and calculations of wave setup in the jettied inlet, SLR at project site, wave attenuation in the jettied entrance, wave runup and overtopping over the levees, riprap and revetment protections.

Regional SLR Study for San Diego County, CA. Collected and reviewed SLR guidance from federal and state agencies; collated reports and data from other design consultants of design water levels for the I-5, Hwy 101, and the Los Angeles – San Diego – San Luis Obispo Rail Corridor (LOSSAN Corridor) railroad bridge crossings over the river and lagoon to determine the optimum bridge freeboard for new bridge design. This study presents the processes to determine sea levels for the San Diego coastal region to be utilized for the design of transportation infrastructure associated with the proposed I-5 North Coast Corridor (NCC) Program including rail, roadway, and bridge improvements. The study area encompasses coastal areas from north San Diego County to just south of the I-5/I-805 merge.

Huntington Beach Desalination and SLR Analysis, Huntington Beach, CA. Project engineer who provided technical support on nearshore hydrodynamic, waves, and particle transport related to proposed desalination intakes. Tasks included reviewing available regional oceanic modeling system (ROMS) for the Southern California Bight and San Pedro Shelf, directing numeric modeling of a nearshore tidal, wave, and particle track modeling with MIKE FM modeling suite, and provide EIR support.

YEARS OF EXPERIENCE
33 EDUCATION
PhD, Hydraulics & Water
Resources
ME, Coastal and Ocean
Engineering
BA, Harbor and Navigation
Engineering

OFFICE LOCATION
Costa Mesa

REGISTRATION/

CERTIFICATION
Professional Engineer –
California (Civil)
Diplomate, Coastal
Engineering (DCE), Academy
of Coastal, Ocean, Port and
Navigation Engineers (ACOPNE)
GIS Certificate, Westech
College
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JAKE THICKMAN
Vulnerabilities, Grant Opportunities
Jake Thickman has worked across several coastal science fields to address issues related to coastal community hazard resilience, coastal ecosystem health, and water quality. Through a range of diverse projects, Jake has developed a broad expertise related to coastal hazards and ecology, technical writing, and coastal/environmental planning and policy analysis. As a coastal scientist for M&N, Jake now applies these skills to resilience challenges in coastal zones, providing support in the areas of coastal hazards analysis, hazard mitigation, and adaptation strategy development for at-risk communities and infrastructure.

REPRESENTATIVE PROJECT EXPERIENCE
City of San Clemente SLR Study, San Clemente, CA. Worked as a coastal scientist in support of a sea level rise vulnerability assessment for the City of San Clemente. Responsible for development and review of coastal hazard analysis reports and outreach materials for public meetings.

City of Dana Point Sea Level Rise Vulnerability Assessment, Dana Point, CA. Coastal scientist responsible for assisting in the preparation of adaptation strategies related to future SLR projections for the City of Dana Point to inform planning policies required as part of an update to the City’s Local Coastal Program. Strategies covered a diverse coastline including steep bluffs, an engineered harbor, and low-lying sandy beaches.

City of Avalon Sea Level Rise Adaptation Plan, Avalon, CA. Building on work conducted during previous SLR Vulnerability Assessment, developed conceptual adaptation strategies the City could utilize to protect coastal infrastructure, development, and recreational resources. Concepts were informed with extensive outreach efforts to gauge community preferences Strategies were incorporated into a final Adaptation Plan as part of the City Local Coastal Program update process.

City of Avalon Transportation Adaptation Plan, Avalon, CA. Building on work conducted during previous SLR Vulnerability Assessment, performed analysis of potential adaptation strategies the City could utilize to protect coastal transportation infrastructure including coastal roadways and ferry terminals. Adaptation strategies were developed so that they may be phased in over time, with extensive outreach efforts to gauge community preferences.

Dana Point Harbor AB 691 Sea Level Rise Assessment, Dana Point, CA. Coastal scientist responsible for assessing the vulnerability of Harbor resources to sea level rise hazards in terms of hazard exposure, sensitivity, and adaptive capacity. Resource vulnerability was analyzed using GIS and publicly available sea level rise hazard information. The financial impacts of sea level rise were also evaluated to meet AB 691 criteria, including quantitative and qualitative analyses of structural damages, loss of income, and non-market value loss.

City of Coronado Sea Level Rise Vulnerability Assessment and Adaptation Plan, Coronado, CA. Coastal scientist responsible for coastal hazard analysis and risk assessment for City SLR vulnerability assessment. Analyzed hazards across six SLR scenarios and multiple storm conditions, compiling inventories of vulnerable resources and replacement value estimates for impacted infrastructure.

City of Hermosa Beach Sea Level Rise Vulnerability Assessment, Hermosa Beach, California.

Coastal scientist responsible for conducting City Sea Level Rise Vulnerability Assessment to inform living shoreline design along the City waterfront. Analysis of flood, erosion, and groundwater hazards was conducted through GIS with results and implications summarized in a final report.

City of Huntington Beach Sea Level Rise Vulnerability Assessment, Huntington Beach, CA.

Coastal scientist responsible for updates to City SLR vulnerability assessment and Coastal Resiliency Plan to conform with current SLR guidance and projections as part of an update to the City Local Coastal Program. Led GIS-based coastal hazard analysis across SLR scenarios up to 10ft.

YEARS OF EXPERIENCE
5 EDUCATION
MS, Marine and Atmospheric
Sciences, Stony Brook
University, New York, 2016
MA, Marine Conservation and
Policy, Stony Brook University,
New York
BS, Environmental Science,
University of Florida

OFFICE LOCATION
Long Beach

AFFILIATIONS
American Society of
Adaptation Professionals
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NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY

RUSS BOUDREAU, PE, DCE, DPE
Constructability
Russ Boudreau is a principal coastal engineer with over 36 years of relevant experience, serving as both project engineer and project manager on a wide range of projects involving coastal processes, environmental restoration, and shore protection. Russ’ experience in these areas ranges from planning and design through permit acquisition, preparation of final design documents and construction management. He brings field-tested coastal engineering solutions to issues surrounding accelerating coastal erosion and sea level rise. He has served as a project manager and principal for studies and projects that support coastal and waterfront clients seeking planning strategies to manage the threat of sea level rise, including the use of living shoreline projects to protect critical infrastructure including a major coastal highway and wastewater treatment facility.

REPRESENTATIVE PROJECT EXPERIENCE
Sea Level Rise Vulnerability Assessments and Coastal Development Permit Support, Long Beach, CA. Working closely with the City of Long Beach Tidelands staff to evaluate the vulnerability to and adaptation strategies for accelerating sea level rise for various coastal capital improvement and/or restoration projects including an existing junior lifeguard building and a new public pool/ aquatic facility. Planning efforts on the latter project included close coordination with the California Coastal Commission staff at the staff level through senior management.

San Clemente Bike Trail, San Clemente, CA. Project engineer for concept design and coastal impact analysis of a bicycle/pedestrian trail along the city coastline. Coastal access along the railroad line was considered dangerous to users. The new trail concept was to be located seaward of the railroad and would provide controlled and safe coastal access. Prepared design and assisted in determining coastal impacts and preparation of the CEQA document.

Sand Retention Groin Repair, Pacific Palisades, CA. Project manager and project engineer for a project to evaluate shoreline restoration alternatives. The shoreline was historically stabilized by a series of rubblemound groins, which have gradually deteriorated over many decades. The project included preparation of plans to repair the groins in order to restore their beach sand retention function. Played a key role in negotiations with the California State Lands Commission regarding lease compliance associated with the repair project and with acquisition of the Coastal Development Permit for the repair from the California Coastal Commission.

Cardiff Beach Living Shoreline, Encinitas, CA. Project engineer for a living shoreline project to protect transportation infrastructure (Coast Highway 101), environmental resources (San Elijo Lagoon), public access and utilities. The project will beneficially reuse dredged sediment from ongoing lagoon maintenance dredging to adaptively manage the dune and fronting beach volumes, as a critical element of the project under future sea level rise.

Wailuku-Kahului Wastewater Reclamation Facility Living Shoreline Project, Maui County, Department of Environmental Management, HI. Project engineer and manager for a coastal planning and engineering project to assist the County of Maui in their decision-making regarding an existing wastewater reclamation facility. Responsibilities included analysis of shoreline erosion trends, assessment of potential causes, and developing alternative courses of action for facilities relocation or protection. He then served as the lead engineer for the final design through construction support. Key design elements of the living shoreline project include buried shoreline protection, beach nourishment, dune restoration, managed retreat, adaptation for future sea level rise, and tsunami protection. This living shoreline project was recognized by the Federal Highway Administration as a model example of a living shoreline project for protection of public infrastructure in 2019.

YEARS OF EXPERIENCE
36 EDUCATION
M Eng, Coastal Engineering,
UC Berkeley 1980
BA, Applied Mechanics and
Engineering Science, UC San
Diego 1978

OFFICE LOCATION
Moorpark

REGISTRATION/

CERTIFICATION
Professional Engineer –
California (Civil)
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NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY

PHIL KING, PHD
Beach Economics, Grant Opportunities
Dr. King is associate professor of economics at San Francisco State University. He has extensive experience studying the economics of coastal California studies including focusing on sea level rise, beach ecosystems, climate change, sediment management. He has worked with a wide range of local, state, and federal agencies including the U.S. Army Corps of Engineers, California EPA, California Coastal Commission, and California Energy Commission, as well as many California coastal county governments including LA County. His expertise in studying the economic impacts of and related to climate change has resulted in numerous publications.

SELECTED ACADEMIC PAPERS
“Beach Sustainability Assessment: The Development and Utility of an Interdisciplinary Approach to Sandy Beach Monitoring. with Kiki Patsch, Philip King, Dan R. Reineman, Sarah Jenkins, Clare Steele, Emily Gaston, Sean Anderson Journal of Coastal Research 2021; doi: https:// doi.org/10.2112/JCOASTRES-D-20-00174.1
A Holistic Framework for Evaluating Adaptation Approaches to Coastal Hazards and Sea Level Rise: A Case Study from Imperial Beach, California.” with Revell, David, Phil King, Jeff Giliam, Juliano Calil, Sarah Jenkins, Chris Helmer, Jim Nakagawa, Alex Snyder, Joe Ellis, and Matt Jamieson. Water 13.9 (2021): 1324.
“Valuing Beach Ecosystems in an Age of Retreat.” with C. Nelsen, J. Dugan, D. Hubbard, K.

Martin, R. Battalio, Shore and Beach, v. 86, No. 4, Fall 2018, pp. 45-59. “The Market Transfer Effect in the Hawaiian Longline Fishery: Why Correlation Does Not Imply Causation.” with J. Scorse, S. Richards. Journal of Ocean and Coastal Economics: Vol. 4, 2017. “Can California Coastal Managers plan for sea-level rise in a cost-effective way.” with Aaron McGregor and Justin Whittet, Journal of Environmental Planning and Management, v. 59, pp. 98- 119. January 2015.
“Estimating the Potential Economic Impacts of Climate Change on Southern California Beaches.” with L. Pendleton, C. Mohn, D. G. Webster, R. Vaughn, and P. Adams, Climatic Change, November 2011, pp. 277-298.
“Who’s Counting: An Analysis of Beach Attendance Estimates in Southern California.” with A.

McGregor, Ocean and Coastal Management, March 2012, Pages 17–25. “Size Matters: The Economic Value of Beach Erosion and Nourishment in Southern California.” with L. Pendleton, C. Mohn, R. Vaughn, and J. Zoulas., Contemporary Economic Policy, April 2012.
“Economic Analysis of Reconfiguring the Long Beach Breakwater.” with A. McGregor, R.

Boudreau, Shore and Beach, April/May 2011.

SELECTED POLICY PAPERS PREPARED FOR GOVERNMENT AND NONGOVERNMENT ORGANIZATIONS:

Prepared Economic and Fiscal Analyses of the Economics of Sea Level Rise for following cities:

Manhattan Beach, Carpinteria, Imperial Beach, Goleta, Pacifica, Oceanside, Newport Beach, and Ventura County.

Completed Sea Grant (w. Charles Colgan and Fernando DePaolis) applying a Monte Carlo Analysis to Sea Level Rise in the City of Monterey (article under submission). “Access for All: A New Generation’s Challenge on the California Coast”, w. Jon Christenson (UCLA) January 2017. https://www.ioes.ucla.edu/coastal-access/

YEARS OF EXPERIENCE
30 EDUCATION
Ph.D. in Economics, Cornell
University
B.A. in Philosophy & Economics,
Washington University

OFFICE LOCATION
Oakland
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P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study | 21 Matt James, M.S.

Nature Based Resiliency, Constructability
Matt has been working on restoration of wetlands and uplands in coastal southern California since 1993. In over 25 years in this field, Matt has been involved in virtually all aspects of restoration in a wide variety of settings. His early experience was in an academic setting, where he designed and conducted grant-funded research-based Adaptive Restoration projects at Tijuana Estuary, Sweetwater Marsh and throughout UCSB’s Natural Areas. Matt co-taught a restoration ecology class for several years at UCSB as well. In 2005, Matt partnered with David Hubbard and formed CRC, and since then has prepared over 20 restoration plans and helped coordinate the implementation of over 50 acres of grant-funded habitat restoration. Matt’s more recent focus has been on planning sustainable and resilient large-scale habitat restoration projects, designing and implementing Adaptive Restoration projects, and using nature-based solutions to increase the resilience of coastal communities and habitats as sea level rises and climate changes.

Education: 1998 - M.S. in Biology - Ecology San Diego State University 1994 - B.S. in Biology University of California, Irvine Representative Project Experience
• Carpinteria Dune and Shoreline Management Plan. 2020 – 2022. We are designing living shoreline and green engineering solutions for Carpinteria City and State beaches to provide protection from coastal flooding as sea level rises. (Client: City of Carpinteria) • Using Green Engineering to Restore Dunes at Border Field State Park. 2018 – Present. We planned and implemented a large-scale experiment to test techniques for building dune topography through ecological restoration. The results of the experiment will be used to demonstrate the effectiveness of restoring dunes to increase coastal resilience, a strategy that can be used throughout the region to protect vulnerable coastal communities and habitats from flooding now and with sea level rise in the future. (Client: Sea Grant and California State Parks)
• LAX Dunes Restoration. 2019 – Present. We are providing expert support in revising an Ecological Landscape Plan for the CCC for a 5-acre dune restoration project that includes restoration methods and monitoring and adaptive management protocols to assure project success. (Client: The Bay Foundation) • Manhattan Beach Living Shoreline. 2019 – 2020. We designed a living shoreline project that focused on restoring degraded dune habitat to build coastal resiliency. (Client: The Bay Foundation) • Hermosa Beach Living Shoreline. 2021 – 2022. We are designing living shoreline and green engineering solutions for the City of Hermosa Beach to provide protection from coastal flooding as sea level rises.(Client:

City of Hermosa Beach)
• Understanding Risk – Coastal Assessment of Eight Towns. 2019 – Present. We are working within a team of engineers and planners to assess how restoration of coral reef, mangrove, and beach/dune habitats in Jamaica can help reduce the risk of flooding in coastal communities due to sea level rise and hurricane-induced storm surge. (Client: Jamaica Coastal Investment Fund)
• Ormond Beach Wetlands Restoration Plan. 2017 – 21. We are providing ecological expertise on the development of a preferred restoration alternative for the 630-acre coastal wetland and dune complex in Oxnard. CRC led the field reconnaissance and mapping effort for sensitive plant and wildlife species and is acting as the biological lead in the development of restoration alternatives and the analysis of how resilient restored non-tidal wetlands will be to sea level rise. (Client: State Coastal Conservancy)
• Sandyland Dune Restoration at Carpinteria Salt Marsh. 2005-06. We designed and installed a dune scrub restoration project along the margin of Carpinteria Salt Marsh. (Client: Sandyland Preservation Association) 220
P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study | 22 David Hubbard
Nature Based Resiliency, Preliminary Design
David has been engaged in ecological restoration and research in coastal California for over 25 years. His academic research interests include the ecology of sandy beaches; especially how physical coastal processes work to support wildlife in natural and human-altered beach and dune systems. David founded Coastal Restoration Consultants with Matthew James in 2005. David has led a wide range of projects for CRC, including projects that re-established natural hydrology, ecosystem services and native vegetation, improved biodiversity and rare species habitat, and analyzed the effectiveness of restoration to combat the negative effects of sea level rise and climate change. David has also participated in CRC’s program evaluation efforts including roles at project site level and synoptic scale analysis.

Education: 1980 – B.A. Studio Art with high honors, UCSB, 1984 – 2nd major Biology Representative Project Experience
• Surfers Point Long-term monitoring and Assessment. 2021 – Present. We are working with a multidisciplinary team to measure physical and biological changes over time to beach and dune habitats to assess the long-term sustainability of the Surfer’s Point living shoreline project. (Client: BEACON) • Surfers Point Managed Retreat and Dune Restoration, Phase II. 2019 – 2022. We are working with a team of engineers and landscape architects to design and build the dune restoration aspects of the second phase of this cutting-edge managed retreat project. (Client: The City of San Buenaventura) • Hermosa Beach Living Shoreline. 2021 – 2022. We are just beginning work designing a living shoreline that will help protect infrastructure from flooding with sea level rise. (Client: City of Hermosa Beach) • Malibu Living Shoreline Project. 2018-19. We wrote a plan for the restoration of five acres of coastal dune and coastal lagoon habitat at Zuma and Westward Beaches. The restoration actions were developed around restoring natural coastal processes and increasing biodiversity while re-building more natural dune topography to help protect infrastructure from coastal flooding. (Client: The Bay Foundation) • Surfer’s Point Managed Retreat and Dune Restoration, Phase I. 2011-17. We wrote and oversaw implementation of the coastal dune restoration plan for this managed retreat project. The restored dunes provide habitat and protection from coastal flooding now and as sea level rises. We carried out vegetation monitoring and made recommendations for site management in the five years since implementation. (Client: City of Ventura) • Southern Los Cerritos Wetlands Planning. 2021-Present. We are working with a team of consultants to turn a conceptual plan for the 103-acre South Area of the Los Cerrito Wetlands into 30% and then 65% design drawings.

CRC is guiding the revision process to assure project goals are achieved and the project maximizes ecological benefits while being resilient to sea level rise within the constraints of the site. (Client: The Los Cerritos Wetlands Authority)
• City of Santa Barbara Sea Level Rise Adaptation Plan. 2017-18. We worked with a team of engineers and coastal planners to assess the vulnerability of Santa Barbara’s beaches, dunes, and coastal bluffs as sea level rises. (Client: City of Santa Barbara)
• Santa Barbara Area Coastal Ecosystem Vulnerability Assessment. 2015-17. UC Santa Barbara, California Sea Grant. From the website: “The Santa Barbara Area Coastal Ecosystem Vulnerability Assessment (SBA CEVA) is a multidisciplinary research project that investigates future changes to southern Santa Barbara County climate, beaches, watersheds, wetland habitats and beach ecosystems. The target audience is local land use planners and decision makers. The main objective is to provide information that assists the Cities of Santa Barbara, Carpinteria, and Goleta, the County of Santa Barbara, and UC Santa Barbara in climate adaptation planning with a clear focus on coastal ecosystems.”
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NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY
Brian Leslie | Nature-Based Resiliency Concepts, Permitting Requirements T 858.244.6977 | E [email protected] www.ghd.com
Brian Leslie
Nature-Based Resiliency Concepts, Permitting
Requirements
Location
San Diego, CA
Experience
20 years
Qualifications/Accreditations
– BS, Oceanography, Florida Institute of Technology, Melbourne, FL, 2001 – Certificate, Coastal Engineering, Old Dominion University, Norfolk, CA, 2012 Key technical skills
– Expertise in shoreline processes & physical drivers of change
– Design and implementation of nature-based solutions
– Understand coastal hazards and viable adaptations
Memberships
– American Society of Civil Engineers
– Coasts, Oceans, Ports, and Rivers Institute
– American Shore and Beach Preservation Association
– Association of Environmental Professionals
Relevant experience summary
Brian serves as coastal scientist and project manager for a variety of projects that involve shoreline protection, dredging, beach nourishment, habitat restoration and resilience to coastal hazards. Brian specializes in strategic project planning and development that leads to viable, multi-benefit projects that can be permitted in the coastal zone. He leads teams of engineers, scientists, and environmental practitioners in the development of concise and easily understood feasibility studies. Brian’s experience is exemplified in the recently constructed Cardiff Beach Living Shoreline Project and in the West Trail Living Shoreline Project. He has 20 years of professional work experience within both the public and private sectors in the field coastal science and engineering.

Pillar Point Harbor West Trail Living Shoreline
Project | El Granada, CA
Project Manager for the planning, engineering design,
construction and long-term monitoring of a nature-based shoreline protection solution to stabilize a chronically eroding shoreline and coastal trail that leads pedestrians and
emergency vehicles to Mavericks Beach. The design consists of utilizing cobble, sand and shore-parallel rock fingers to stabilize the beach and trail. The project was constructed in the winter/spring of 2022 and is now in the long-term monitoring phase.

Cardiff State Beach Living Shoreline Project |
Encinitas, CA
Project Manager who led the planning, engineering design, construction, and long-term monitoring of a living shoreline project to protect a vulnerable reach of shoreline and highway in the City of Encinitas. The project consists of a cobble berm and dune system on top of a buried rock revetment, which serves to protect the highway from undermining and flooding.

About four million dollars in grant funding was obtained for planning, design, construction, and monitoring of the project.

The Project was constructed in 2018 and is now being actively monitored.

San Clemente Sea Level Rise (SLR)
Vulnerability Assessment, San Clemente, CA
Brian was responsible for QA/QC on the City’s
vulnerability assessment, sought to inform the planning policies of an updated LCP. The study was funded in
part by CCC Grant LCP-16-11 and leveraged regional
studies by USACE and USGS (CoSMoS) to prepare an
assessment of the SLR thresholds and impacts to
coastal resources.

Bayshore Community Resiliency Project,
Imperial Beach, CA
Project Manager responsible for development of nature-based adaptation strategies for a vulnerable low-lying stretch of the community of Bayshore, located adjacent to San Diego Bay in the community of Imperial Beach. Project elements include development of a living levee along the existing bikeway to achieve multiple benefits, including creation of habitat transition zones, flood protection to the community and improved tidal hydraulics. The project seeks to provide ecosystem resilience and flood protection for 3.5 feet of sea level rise consistent with the OPC Climate Action Plan. 222
P221572 Proposal for San Clemente Nature Based Adaption Project Feasibility Study | 24 NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY Aaron Holloway | Vulnerabilities, Preliminary Design T 562.206.7995 | E [email protected] www.ghd.com
Aaron Holloway PE
Vulnerabilities, Preliminary Design
Location
Irvine, CA
Experience
18 years
Qualifications/Accreditations
– MS, Civil Engineering, California State University, Long Beach, CA, 2008 – BS, Civil Engineering, California State University, Long Beach, CA, 2004 – Civil Engineer, CA #71640
Key technical skills
– Coastal science & engineering
– Vulnerability assessments & Adaptation planning
– Nature-based solutions to coastal hazards
Memberships
– American Society of Civil Engineers (ASCE), Sea
Level Change Subcommittee
– American Shore & Beach Preservation Association
Relevant experience summary
With over 18 years of experience in coastal and water resources engineering, Aaron Holloway provides clients with innovative solutions to existing and future flood hazards. His recent focus on coastal vulnerability assessments and adaptation planning has helped clients understand and develop long-term strategies to mitigate impacts from rising sea levels. Aaron’s engineering experience includes a wide range of coastal, riverine, and civil infrastructure projects, many of which incorporate nature-based strategies like living shorelines, habitat restoration and beach nourishment.

San Clemente Sea Level Rise (SLR) Vulnerability
Assessment | San Clemente, CA
As an industry leader in climate change and SLR
adaptation planning, Aaron has served as the technical
lead and/or project manager on 30+ public and private
sector studies that address the challenges and
uncertainties associated with the changing climate and
SLR. These include Vulnerability Assessments for the
City of San Clemente and the City of Dana Point in
support of Local Coastal Program (LCP) updates. Aaron
was responsible for crafting an approach and delivering a vulnerability assessment for the City of San Clemente to inform the planning policies of an updated LCP. The
study was funded in part by CCC Grant LCP-16-11 and
leveraged regional studies by USACE and USGS
(CoSMoS) to prepare an assessment of the SLR
thresholds and impacts to coastal resources. San
Clemente consists of narrow beaches backed by high
bluffs that are vulnerable to “coastal squeeze”
threatening valuable resources that contribute to the
City’s vibrant beach town culture.

Oceanside Sand Retention Feasibility Study |
Oceanside, CA
Senior coastal engineer responsible for evaluating
feasibility of sand retention structures to provide a longterm and sustainable strategy in response to chronic erosion south of Oceanside Harbor. Led the numerical
modelling effort to simulate shoreline change for a range of sediment retention and beach nourishment strategies
which informed a multi-criteria analysis of technical,
financial, and environmental aspects of each strategy.

Beach Boulevard Infrastructure Resiliency Project
| Pacifica, CA
Senior coastal engineer responsible for evaluating
coastal hazards, developing alternatives to mitigate
impacts, and improve Beach Boulevard infrastructure
resilience while enhancing public access and coastal
resources. The project involved community engagement,
alternatives development, and feasibility analysis to
identify a preferred alternative to carry forward through permitting and detailed design.

Carlsbad Boulevard Climate Adaptation Project |
Carlsbad, CA
Senior coastal engineer responsible for evaluating
coastal hazards and adaptation strategies associated
with the realignment of Pacific Coast Highway and
revisioning these coastal lands to enhance public
access, restore habitat and other coastal resources. The project will involve community engagement, alternatives development and feasibility analysis to identify a
preferred Climate Adaptation Plan for the highway.
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NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY
SECTION 4
References
The M&N team has an extensive portfolio of project experience in coastal engineering projects and has completed feasibility and modeling studies, cost estimates, and designs for more than 6,000 waterfront projects worldwide, many of which are located in California. Please reach out to the references listed on this page below to learn more about our core commitment to providing the highest level of service possible and our special focus on providing the utmost customer satisfaction.

SUSAN BRODEUR
Senior Coastal Engineer
County of Orange - OC Parks
13042 Old Myford Road, Irvine CA 92620
(949) 585-6448
[email protected]

ERIN MAKER
Environmental Program Manager
City of Carpinteria
5775 Carpinteria Ave, Carpinteria, CA 93013
(805) 880-3415
[email protected]

JAYME TIMBERLAKE
Coastal Zone Administrator
City of Oceanside
300 N. Coast Highway, Oceanside, CA 92054
(760) 435-3073
[email protected]
1 2
3 224
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NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY

SEA LEVEL RISE VULNERABILITY

ASSESSMENT
CLIENT: City of San Clemente
LOCATION: San Clemente, CA
Project Objective: Develop the City of San Clemente’s SLR planning document.

Project Description: M&N produced a sea level rise vulnerability assessment for the City of San Clemente to help inform a Local Coastal Program Update performed by Dudek and funded in part by Coastal Commission grant LCP-16-11. San Clemente’s relatively narrow bluff-backed beaches offer a wide variety of scenic, cultural, and recreational opportunities for locals and visitors. Much of the community’s identity and tourism draw are due to the vibrant beach culture and variety of coastal assets from North Beach, to the Pier Bowl, to more secluded beaches in the south.

Recent sea level rise science and coastal hazards projections indicate these valuable assets will be exposed to more intense coastal hazards like beach erosion and coastal flooding. The effects of sea level rise on coastal hazards such as shoreline erosion, storm related flooding and bluff erosion were evaluated using results of the Coastal Storm Modeling System (CoSMoS), a multi-agency effort led by the United States Geological Survey (USGS).

Project Outcome: Results from CoSMoS were used to assess the potential exposure of each coastal asset which was then used to determine the vulnerability of each asset along with other factors including sensitivity and adaptive capacity. The narrowness of the beach and additional complexity of the regional Los Angeles-San Diego Railroad infrastructure along the base of the bluffs was communicated through graphic visualizations of shoreline change and explained through the concept of “coastal squeeze”. This made stakeholder and city engagement vital to communicating how sea level rise and policy would influence potential pathways for adaptation.

Relevant Project Experience
The M&N team has been able to provide services to our clients offering continuity with our technical staff that have been with the firm for years. More than 80 percent of our business is from repeat clients and referrals from trusted clients that we consider invaluable partners in successful project completion. Below and on the following pages is a sample of our team’s projects that are similar in scope and size to that outlined by the City of San Clemente in the Nature Based Adaptation Project Feasibility Study RFP.

DATES OF CONTRACT
2017 - 2019

REFERENCE
City of San Clemente
Leslea Meyerhoff, Contract Planner
(760) 845-8028
[email protected]
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NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY

CAPISTRANO BEACH COUNTY PARK

RESTORATION/SHORE PROTECTION

PROJECT
CLIENT: Orange County
LOCATION: Dana Point, CA
Project Objective: Maintain Orange County Parks (OC Parks) recreational amenities along an eroding shoreline.

Project Description: The park has suffered damage from
ongoing shoreline erosion over the past decade due to lack of sediment input and discontinuation of historic beach nourishment efforts. Restoration of the park is needed to maintain public access and protect park amenities.

OC Parks has implemented emergency shoreline protection including rock revetments and very large sandbags. M&N has provided engineering and permitting support to obtain multiple CCC emergency permits over the past seven years. M&N is currently supporting OC Parks to obtain a CCC permit to retain the emergency shoreline protection until a long-term plan can be developed and implemented.

M&N’s work has included development and analysis of shoreline alternatives to improve coastal resiliency, coastal engineering analyses, support for state and federal grant funding
applications, development and construction of emergency shoreline protection measures (rock revetment and sandbags).

Ongoing work for OC Parks includes support for CCC permitting, long-term master plan development, beach nourishment
analyses, and design of a nature based pilot project.

Shoreline alternatives being developed and analyzed for the long-term master plan include beach nourishment (sand
import), landward movement of park amenities, cobble berm shoreline protection, rock revetment, vegetated dunes, and elevated structures. All alternatives consider future SLR. M&N is currently completing Plans, Specifications & Estimates (PS&E) and modeling/analysis of a nature based shore protection pilot project consisting of a cobble berm, sand berm, and vegetated sand dunes.

CFC, under subcontract to M&N, provided design, contractor bidding, and construction support, and pre- and postconstruction surveys for the installation of sand-filled geotextile containers for shoreline protection. CFC’s initial planning study evaluated a range of commercially-available geotextile products with performance characteristics such as fabric durability, and strength and resistance to sunlight (UV) degradation. The selected design consisted of 4 cubic-yard polyester bags filled with sand and placed on a geotextile fabric base layer typical of standard revetment design. CFC staff worked closely with the OC Parks inspector and construction contractor to provide robust shore protection for this popular public beach.

Project Outcome: Park amenities have been protected/
maintained while long-term planning progresses.

DATES OF CONTRACT
2015 - Present

REFERENCE
County of Orange
Susan Brodeur, Project Manager/Senior Coastal Engineer
(949) 585-6448
[email protected]
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NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY

CARDIFF BEACH LIVING SHORELINE

CONCEPT PLAN
CLIENT: City of Encinitas
LOCATION: Encinitas, CA
Project Objective: Protect the beach and Highway 101 with a nature based pilot project.

Project Description: The Cardiff Living Shoreline project is one of the first of its kind in southern California, combining green and gray engineering to protect infrastructure, expand natural habitat, and provide public access. Cardiff State Beach in the City of Encinitas has been identified as being extremely vulnerable to projected rates of sea level rise and coastal flooding. In the past, high tides and high surf have caused over 42 road closures along this low-elevation barrier spit fronting the San Elijo Lagoon on which Coast Highway 101 and numerous utility corridors are located. Highway 101 also provides critical protection for the San Elijo Lagoon and emergency access to Solana Beach.

To protect against existing and future coastal hazards, the project was proposed by the City of Encinitas and received grant funding from the California State Coastal Conservancy and Ocean Protection Council. M&N prepared design and obtained permits for the project that involved a vegetated dune system, 60 feet in width and 2,900 feet in length. Components of the project included the following.
– Reconfigured and imported 2-ton rock used to form a
buried revetment section. The revetment serves as a
last line of defense for Highway 101 to protect it from erosional undermining.
– Cobble berm constructed with on-site material to help dissipate wave energy seaward of the vegetated dune.
– Sandy dune constructed to be non-uniform and varying
in geometry serving as a benefit for habitat.
– Native vegetation planted and temporarily irrigated to facilitate dune growth and habitat creation.
– Six beach access points established to provide public access to the beach along Highway 101.
– Pedestrian foot trail constructed along Highway 101 to increase pedestrian connectivity and access.
– Sand fences installed adjacent to the foot trail and public access points to capture blowing sand and protect
proposed habitat areas.

Construction was completed in June 2019. The City of Encinitas retained GHD to provide construction management and longterm monitoring and reporting services. The project received the 2019 Best Restored Beach award from the American Beach Preservation Association. A robust monitoring program has been developed to study this system inform both other coastal communities considering such adaptive measures as well as the maintenance and adaptation program for the project. The shoreline now supports a host of native plant species and viable roosting habitat for endangered species, like the snowy plover.

Project Outcome: The project was constructed and works well to provide habitat, recreation, and protection

DATES OF CONTRACT
2017 - Ongoing

REFERENCE
City of Encinitas
Jayme Timberlake, Coastal Zone Program Administrator (former City of Encinitas Project Lead)
[email protected]
(760) 435-3073
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CARPINTERIA SHORELINE

MANAGEMENT PLAN
CLIENT: City of Carpinteria
LOCATION: Carpinteria, CA
Project Objective: Implement the near- and mid-term SLR adaptation strategy called out in the City of Carpinteria SLR planning documents.

Project Description: M&N prepared the City of Carpinteria’s Dune and Shoreline Management Plan. The plan sets forth measures to reduce the impact of SLR on the City of Carpinteria’s beach neighborhood, downtown, Carpinteria State Beach,
and a range of public infrastructure. The plan provides the preliminary coastal adaptation planning report with key nearterm coastal adaptation strategies identified as part of the City’s SLR Vulnerability Assessment and Adaptation Plan. This management plan is to be integrated into the City GP/CLUP Update. The plan provides detailed coastal process modeling and habitat restoration measures in support of major beach nourishment, construction of a vegetated sand dune living shoreline, and an experimental sand retention groin.

Moffatt & Nichol developed concept alternatives and then conducted detailed coastal process and wave uprush modeling in order to allow for comparisons of various alternatives for shoreline management to address SLR. These include the use of the City’s ongoing beach berm, a single or double-ridge dune along the back beach, and utilization of required amounts of beach nourishment.

Our team also developed habitat restoration measures for newly proposed dunes and those within Carpinteria State Beach. The City of Carpinteria and M&N conducted multiple stakeholder engagement and public outreach meetings as well as workshops and hearings with key stakeholders (California State Parks), permitting agencies (CCC), and City decision-makers. The draft plan was completed and published for public review in January 2022. The final plan was reviewed and considered by City decision-makers in February 2022.

Project Outcome: A feasible plan was developed for
consideration by the City Council for near-term SLR adaptation prior to the initiation of next steps in the process (applying for additional funding, preparing engineering designs, approaching the CEQA document, and applying for permits).

DATES OF CONTRACT
2019 - Present

REFERENCE
City of Carpinteria
Erin Maker, Environmental Program Manager
(805) 880-3415
[email protected]
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NATURE BASED ADAPTION PROJECT FEASIBILITY STUDY
SURFER’S POINT MANAGED RETREAT

PROJECT, PHASE I
CLIENT: Surfrider Foundation
LOCATION: Ventura, CA
CRC designed and implemented a 3-acre coastal dune
restoration project as part of the Surfer’s Point Managed Shoreline Retreat project in Ventura, California. The dune restoration project included establishment of native coastal dune vegetation from seed, installation of temporary and longterm sand stabilization devices (e.g., crimped straw and sand fencing), and pre- and post-project vegetation and topographic monitoring. CRC continues to work with Surfrider Foundation Ventura County chapter supervising volunteer weeding efforts.

The restoration project has been an overwhelming success. The dunes continue to support natural levels of native vegetative cover while only receiving minimal maintenance. The restored dunes have eliminated nuisance-sand blowing on to the bike path and parking lot behind the site. The dunes have eroded in large winter wave events but protected landward infrastructure, only to naturally re-build themselves through the spring and summer.

Surfer’s Point has drawn broad attention as an example of how dune restoration can be an important aspect of resilient coastal management as sea levels rise.

David Hubbard has also given presentations and participated in public workshops on this topic including one at the NOAA/ SeaGrant/California Coastal Conservancy: Living Shorelines and Resilience in Southern California Workshop Series.

DATES OF CONTRACT
2011 - Ongoing

REFERENCE
Surfrider Foundation
Paul Jenkin
(805) 205-4953
[email protected]
Restored Dunes in 2014
229

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: H.

Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSTRUCTION CONTRACT AWARD TO SKYLINE SERVICES, INC. FOR THE T-STREET PEDESTRIAN OVERPASS CONCRETE REHABILITATION, CIP PROJECT NO. 23804.

Fiscal Impact:

Yes. The estimated total construction cost of $79,122 is within the available approved budget of $195,000 from the General Fund, CIP Project No. 23804.

Summary:

Staff recommends approval of a construction contract (Attachment 2) with Skyline Services, Inc., in the amount of $53,522 for the project.

Background:

The T-Street Pedestrian Overpass was constructed in the early 1980s. Due to exposure from being in a highly corrosive marine environment, the structure has undergone several previous repairs to address localized concrete spalling, concrete cracking, decorative tile replacement, maintenance of the walking surfaces, and painting exposed surfaces. Recent repairs included replacing the safety cage enclosure in 2010, and replacing the concrete surface of the deck and stairs in 2015.

New concrete spalling was recently noticed and Duncan Engineering, a marine structural engineering consultant, was retained to provide an assessment with recommendations for immediate/short term repairs. Based on these repair recommendations, staff prepared a bid package and advertised the project for competitive bidding on the PlanetBids website. Six bids were received on September 28, 2022, ranging from $52,222 to $198,605 (i.e. base bids), as shown on Attachment 3. The lowest responsive bidder was Skyline Services, Inc. of Spring Valley, California at $52,222. Based on the low base bid and the selected alternate bid item, the estimated construction cost is as follows:

Construction Administration, Management & Inspection 15,000 Construction Contract $53,522
Project Contingency (20%) 10,600
Total Estimated Construction Cost $79,122
Construction administration and management will be performed by City staff and inspection services will be provided separately by a structural engineer. The project contingency will only be used if issues arise during the construction work.

As required by the City Policy and State Law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2).

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Project plans and specifications are on file in the City Clerk’s office.

Discussion:

None.

Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Urban Design - Maintenance Goal: Achieve a sustained level of maintenance and improvement of properties, buildings, landscaping and infrastructure that protects values, encourages additional public and private investments and promotes San Clemente’s high quality of life.
· Policy UD-4.06. Maintenance of Infrastructure and Public Realm. As resources allow, we maintain and where appropriate, improve infrastructure and the public realm, including landscaping, sidewalks, signage, furniture and other streetscape elements.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the projects maintains City infrastructure.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council approve and authorize the Public Works Director/City Engineer, to execute Contract No. ______, by and between the City of San Clemente and Skyline Services, Inc., providing for T-Street Overpass Concrete Rehabilitation, in the amount of $53,522.

Attachment:

1. Location Map

2. Construction Contract without attachments

3. Bidders’ Listing
Notification:

None.

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Attachment 1

T- STREET OVERPASS CONCRETE

REHABILITATION
PN 23804
232
Draft
55452.01510\32905704.2
1 SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2022, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Skyline Services Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

T-STREET OVERPASS CONCRETE REHABILITATION, PROJECT NO. 23804 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within sixty (60) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of fifty three thousand five hundred twenty two Dollars ($53,522.00). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Contract
Notice Inviting Bids
Instructions to Bidders
Attachment 2
233
Draft
55452.01510\32905704.2
2 SECTION 00500

CONTRACT
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at at City of San Clemente Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
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3 SECTION 00500

CONTRACT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ 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
__________________________
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____

END OF CONTRACT
235
236

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: I.

Department: Utilities
Prepared By: David Rebensdorf, Utilities Director
Subject:

CONSTRUCTION CONTRACT AWARD TO JENNETTE COMPANY, INC. FOR WATER RECLAMATION PLANT (WRP) SODIUM HYPOCHLORITE TANK REPLACEMENT, PROJECT NO. 23405.

Fiscal Impact:

Yes. The original approved project budget is $350,000 from the Water Fund Depreciation Reserve.

The estimated total project cost for this project is $484,825. A supplemental appropriation is recommended in the amount of $134,825 from the Water Fund Depreciation Reserve to account number 052-466-43420-000-23405 to complete the project.

Summary:

Staff recommends approval of a construction contract with Jennette Company, Inc., in the amount of $394,614 for the WRP Sodium Hypochlorite Tank Replacement.

Background:

Sodium Hypochlorite liquid, with a concentration of 12.5%, is stored in a tank at the Water Reclamation Plant (WRP) and is used for tertiary treatment prior to distribution of recycled water to City customers. The existing double wall fiberglass Sodium Hypochlorite storage tank was installed as part of the WRP Recycled Water Expansion Project, but has been subject to leaks and is at the end of its useful life. Currently, a rental storage tank placed in a temporary containment area with temporary piping is being used to disinfect recycled water at the WRP.

To maintain proper storage of chemicals meeting regulatory requirements and maintain recycled water service, MBF Consulting prepared plans and specifications to replace the storage tank with two High Density Polyethylene (HDPE) storage tanks, piping, and a concrete wall that surrounds both tanks to provide a more reliable method of containment. Use of two storage tanks provides staff the ability to order and store bulk material in a timely manner when one of the tanks runs out of Sodium Hypochlorite. This will improve operations and provide additional storage needed for future production of recycled water upon completion of the Advanced Water Treatment Facility.

Discussion:

The Sodium Hypochlorite Tank Replacement Project was advertised for public bidding on Planet Bids and eight electronic bids were received on August 16, 2022. The result from the bid opening is presented in the attached Bidder’s Listing. The lowest responsive and responsible base bid of $394,614 was received from Jennette Company, Inc.

The project was budgeted for $350,000 from the Water Fund Depreciation Reserve. To realize construction of the project, a supplemental appropriation in the amount of $134,825 is required. The CITY OF SAN CLEMENTE Page 1 of 3 Printed on 10/12/2022
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Meeting Date: 10/18/2022 Agenda Item: I.
construction of the project, a supplemental appropriation in the amount of $134,825 is required. The increase in project costs are due to addition of the second storage tank for additional storage as described above and recent increases in material and labor costs due to inflation and lack of available materials.

Based on the low bid, project costs are estimated as follows:

Administration, and Engineering Design $ 24,250
Construction Management and Inspection 26,500
Construction 394,614
Construction Contingency (approx. 10%) 39,461
Total Estimated Project Cost $ 484,825
As required by City Policy and State Law, the contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract. A warranty bond will also be required prior to City Council acceptance of the project.

Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Goal: Maintain and improve a comprehensive system of potable water supply, storage and distribution, and wastewater treatment, reclamation, and reuse to meet daily and emergency needs in San Clemente.
· Policy: PSFU-5.10. Wastewater System. We provide and maintain a system of wastewater collection and treatment facilities to adequately convey and treat wastewater generated in the City of San Clemente service area.

Council Strategy:

The project is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service - in that the project replaces a tank at the end of its useful life and implements an alternate tank to increase the life expectancy of the replaced asset.

Recommended Actions:

Staff Recommendation
Staff Recommends that the City Council:

1. Approve the Plans and Specifications for WRP Sodium Hypochlorite Tank Replacement, Project No. 23405.

2. Approve a supplemental appropriation in the amount of $134,825 to Account No. 052-466- 43420-000-23405 from the Water Fund Depreciation Reserve.

3. Approve and authorize the Utilities Director to execute, Contract ________, by and between the City of San Clemente and Jennette Company, Inc., providing for the WRP Sodium Hypochlorite Tank Replacement, in the amount of $394,614.

Attachment:

1. Location Map
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Meeting Date: 10/18/2022 Agenda Item: I.

2. Bidder’s Listing

3. Contract without attachments
Notification:

None.

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Attachment 1
240
BIDDER’S LISTING
BID OPEN TIME: 2:00 PM
BID OPEN DATE: 08/16/2022
PRESENT: Electronic Bid (Planet Bids)
Subject: Bid Opening
Project: WRP Sodium Hypochlorite Tank Replacement – Project 23405 No. of Bids: 8
Company Information Bid
Bond,
Etc.

City Bidder is
from
Addendums Amount
1 Jennette Company Inc. √ San Diego $394,614.00
2 Tharsos Inc. √ La Mesa $439,000.00
3 RE Chaffee Construction Inc √ Wrightwood $447,520.00
4 Spiess Construction Co., Inc. √ Santa Maria $476,470.00 5 Vicon Enterprise Inc √ Anaheim $522,000.00
6 Houalla Enterprises, Ltd. √ Newport
Beach $561,521.00
7 Ferreira Construction Co, Inc √ Rancho
Cucamonga $567,132.00
8 C E WATERBURY

CORPORATION, INC
√ Corona $583,980.00
Attachment 2
241
55452.01510\32905704.2
33 SECTION 00500

CONTRACT
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2022, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and JENNETTE COMPANY, INC, hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

WRP SODIUM HYPOCHLORITE TANK REPLACEMENT, PROJECT No. 23405 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 25 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Three Hundred Ninety Four Thousand Six Hundred and Fourteen Dollars ($394,614).

Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $500 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Attachment 3
242
SECTION 00500

CONTRACT
55452.01510\32905704.2
34 SECTION 00500

CONTRACT
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City Clerk Office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 243
SECTION 00500

CONTRACT
55452.01510\32905704.2
35 SECTION 00500

CONTRACT

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ 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
Jennette Company, Inc.
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____

END OF CONTRACT
244

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: J.

Department: Community Development
Prepared By: Lisa Edone, Human Affairs Committee Chair
Subject:

HUMAN AFFAIRS COMMITTEE’S FISCAL YEAR (FY) 2022-2023 WORK PLAN Fiscal Impact:

No. Sufficient funds are available in the approved FY 2022/2023 budget. Account # 001-435-44420.

Summary:

Pursuant to Council’s direction, the Human Affairs Committee is required to develop and submit an annual work plan with specific goals and objectives for the coming year for City Council approval.

The Human Affairs Committee recommends the City Council approve the Human Affairs Committee’s FY 2022-2023 Work Plan as presented.

Background:

The Human Affairs Committee was established to act in an advisory capacity to the City Council in all matters pertaining to human needs, including homelessness, within the City of San Clemente.

Discussion:

Attached is the FY 2022-2023 Human Affairs Committee’s Proposed Work Plan for City Council consideration. The proposed work plan consists of projects continuing from last year’s work plan, as they required additional time to complete, or are ongoing.

Recommended Actions:

The Human Affairs Committee Recommends that the City Council approve the FY 2022-23 Work Plan as presented by the Human Affairs Committee.

Attachment:

Human Affairs Committee’s proposed Fiscal Year 2022-2023 Work Plan Notification:

None
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: K.

Department: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:

RESOLUTION ALLOWING FOR THE USE OF OCEAN LIFEGUARD PERSONNEL AT CITY

SWIMMING POOL FACILITIES
Fiscal Impact:

Unknown at this time. The Ocean Lifeguard position pays between $18.24 and $22.17 per hour, whereas the pool lifeguard series ranges from $16.14 to $21.11 per hour. As such, scheduling Ocean Lifeguards at the public pools will likely cost more per hour, depending on the individual employee pay rate.

Summary:

Staff recommends the Council adopt a resolution under the guidelines of Assembly Bill (AB) 1672, allowing for the use of ocean lifeguards at City pool facilities.

Background:

Since the onset of the COVID-19 pandemic, the City has progressively experienced an ongoing decline in the retention of part-time hourly pool lifeguards coupled with a national decline in the lifeguard workforce. Over the past two years, this has resulted in the closure of public pools throughout the day, particularly during regular mid-day operations (12 p.m. to 4 p.m.).

During the summer of 2022, the Recreation Division operated with 35% fewer lifeguards than summer of 2019, which is the last year that the pools were open at full capacity and un-restricted programming. At the time of this report, staff levels have decreased by 23%.

On September 13, 2022, Governor Newsom signed AB 1672 (Attachment 1) allowing local agencies the option to utilize ocean lifeguard personnel as pool lifeguards without passing the American Red Cross pool lifeguard certification requirements.

Discussion:

Upon Council adoption, staff will immediately provide all current ocean lifeguards the opportunity to be scheduled for shifts at the San Clemente Aquatics Center and Ole Hanson Beach Club. Ocean Lifeguards who work at the pools will be compensated at their regular hourly rate.

The adopted resolution may be in effect for up to 12 months per AB 1672. Staff anticipate utilizing ocean lifeguards until April 2023 at which point they will be required to return to the beach for priority scheduling in anticipation of the summer season.

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Plan and Policy Consistency:

The resolution is consistent with the following goal of AB 1672 in that it allows the City’s legislative body (City Council) to make the appropriate findings by certifying that the City requires the use of its ocean lifeguard personnel to maintain regular operating hours of the public swimming pools.

Council Strategy:

The approval is consistent with Council Strategy 4 - Improve and maintain strong staff recruitment and retention strategy to attract and keep best and most qualified staff - in that the approval encourages cross-functional use of existing staff resources to improve the operations of public facilities.

Recommended Actions:

Staff Recommendation
Staff recommends the City Council Adopt Resolution No. 22-___, entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ALLOWING FOR THE USE OF OCEAN LIFEGUARDS AT ITS PUBLIC SWIMMING POOL FACILITIES.

Attachment:

1. Assembly Bill 1672

2. Resolution No. 22-____
Notification:

None.

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Assembly Bill No. 1672
CHAPTER 273
An act to amend Sections 116028 and 116033 of the Health and Safety Code, relating to public swimming pools.
[Approved by Governor September 13, 2022. Filed with
Secretary of State September 13, 2022.]
legislative counsel’s digest
AB 1672, Boerner Horvath. Public swimming pools: lifeguards.

Existing law requires lifeguard services to be provided for any public swimming pool that is of wholly artificial construction where a direct fee is charged for its use. For all other public swimming pools, existing law requires lifeguard service or signs clearly indicating that the service is not provided. Existing law requires lifeguards who provide lifeguard service to possess current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or equivalent qualifications, as determined by the State Department of Public Health, and who are trained to administer first aid, in conformance with laws and regulations, and who have no duties to perform other than to supervise the safety of participants in water-contact activities.

This bill would authorize a local public agency that is certified by the United States Lifesaving Association to use qualified lifeguard personnel, as defined, to provide lifeguard services at a public swimming pool if certain requirements are met.

The people of the State of California do enact as follows:

SECTION 1. Section 116028 of the Health and Safety Code is amended to read:
116028. Except as provided in Section 116033, “lifeguard service,” as used in this article, means the attendance at a public swimming pool, during periods of use, of one or more lifeguards who possess, as minimum qualifications, current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department, and who are trained to administer first aid, including, but not limited to, cardiopulmonary resuscitation in conformance with Section 123725 and the regulations adopted thereunder, and who have no duties to perform other than to supervise the safety of participants in water-contact activities. “Lifeguard services” includes the supervision of the safety of participants in water-contact activities by lifeguards who are providing swimming lessons, coaching or overseeing

93 254 762
water-contact sports, or providing water safety instructions to participants when no other persons are using the facilities unless those persons are supervised by separate lifeguard services.

SEC. 2. Section 116033 of the Health and Safety Code is amended to read:
116033. (a)  Except as provided in subdivision (b), persons providing aquatic instruction, including, but not limited to, swimming instruction, water safety instruction, water contact activities, and competitive aquatic sports, at a public swimming pool shall possess current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or have equivalent qualifications, as determined by the department. In addition, these persons shall be certified in standard first aid and cardiopulmonary resuscitation (CPR). All these persons shall meet these qualifications by January 1, 1991. Persons who only disseminate written materials relating to water safety are not persons providing aquatic instruction within the meaning of this section. The requirements of this section shall be waived under either of the following circumstances:
(1)  When one or more aquatic instructors possessing the current certificates from an American Red Cross or YMCA of the U.S.A. lifeguard training program, or the equivalent, are in attendance continuously during periods of aquatic instruction.
(2)  When one or more lifeguards meeting the requirements of Section 116028 are in attendance continuously during periods of aquatic instruction. (b)  If there is a staffing shortage where a local public agency pool operator, acting in good faith, is unable to maintain required staffing levels to maintain regular operating hours, the local public agency may use qualified lifeguard personnel, as defined in subdivision (c), to provide lifeguard services at a public swimming pool, if both requirements are met:
(1)  The public agency is recognized by the United States Lifesaving Association (USLA) as a certified agency capable of administering an ongoing training program.
(2)  The legislative body of the public agency makes a finding by resolution stating the use of qualified lifeguard personnel is needed for a time period no longer than 12 months in order to maintain regular operating hours of public swimming pools.
(c)  As used in this section, “qualified lifeguard personnel” means a public agency lifeguard who has received and maintains USLA training from a certified agency, is certified in standard first aid and cardiopulmonary resuscitation, and has received additional public swimming pool-specific crossover training, provided by personnel certified by a national training agency, including treatment of spinal injuries, floatation device use techniques, pool extraction and extrication techniques, and submerged rescue techniques.

O
93 Ch. 273 — 2 —
255 763
RESOLUTION NO. ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ALLOWING FOR THE USE

OF OCEAN LIFEGUARDS AT ITS PUBLIC SWIMMING POOL

FACILITIES
WHEREAS, on September 13, 2022, the Governor of California signed and approved Assembly Bill 1672 (“AB 1672”) titled “Public Swimming Pools: Lifeguards” allowing for local public agencies that are certified by the United States Lifeguard Association (“USLA”) to use qualified lifeguard personnel to provide lifeguard services at a public swimming pool; and WHEREAS, the City of San Clemente (“City”) owns and operates year round public swimming pool facilities at the San Clemente Aquatics Center and the Ole Hanson Beach Club; and
WHEREAS, a significant reduction in pool operating hours has resulted from an ongoing decline in the number of City Pool Lifeguard employees correlating to a difficult labor market and a national lifeguard shortage; and
WHEREAS, the City Marine Safety Division is certified by USLA and maintains an active membership that meets the minimum qualifications to provide lifeguard services at a public swimming pool based on the exemptions provided in AB 1672; and NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:

Section 1. Ocean Lifeguards who meet the qualifications provided for within the USLA certifications may act as pool lifeguards to immediately fill gaps in pool scheduling that are adversely affecting the City’s aquatic facility operations and public availability.

Section 2. This Resolution shall remain in effect for 12 months from its adoption date in accordance with the terms AB 1672.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
256
Resolution No. Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
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 _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
257

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: L.

Department: City Manager
Prepared By: Jennifer Savage, Assistant to the City Manager Subject:

APPROVAL OF ADDITIONAL SERVICES AGREEMENT FOR FLOCK GROUP INC. FOR

AUTOMATIC LICENSE PLATE READERS AND SERVICES
Fiscal Impact:

Yes. The additional services are $18,900.00 and the previous costs were $49,250.00 bringing the total cost of services to $68,150.00. There is $66,250.00 available in account #001-451-43890. Staff recommends City Council appropriate the remaining $1,900.00 from City Council contingency to account #001-451-43890.

Summary:

City Council approved installation of automatic license plate readers as part of the Fiscal Year 2021- 2022 Budget. Appropriation of funds and approval of additional services would enhance OCSD’s ability to identify vehicles, when needed, near Max Berg Park through the installation and management of automatic license plate readers.

Background:

On August 18 and October 4, 2022, staff presented efforts to address safety at Max Berg Park, including the installation of cameras in the vicinity. The installation of automatic license plate reader cameras would enhance OCSD’s ability to identify vehicles associated with criminal activity, and be automatically alerted when vehicles associated with previous crimes enter the area.

Plan and Policy Consistency:

The approval of additional services is consistent with Policy and Procedure 201-2-1 Subsection

6.17.3, which allows purchases from a supplier who has been awarded a contract resulting from a formal competitive bid process by another governmental agency.

Council Strategy:

The approval is consistent with Council Strategy 3 - Updated and maintain infrastructure that reflects best available technology and service - in that the additional automatic license plate readers are a best available technology to enhance public safety services.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council:

1. Authorize an appropriation of $1,900 from the Council Contingency Fund to Account No. 001- 451-43890.

2. Approve, and authorize the City Manager to execute, the additional services agreement with CITY OF SAN CLEMENTE Page 1 of 2 Printed on 10/13/2022
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Meeting Date: 10/18/2022 Agenda Item: L.

2. Approve, and authorize the City Manager to execute, the additional services agreement with Flock Group Inc. to provide automatic license plate readers near Max Berg Park.

Attachment:

Additional Services Agreement
Notification:

Orange County Sheriff’s Department
Flock Group, Inc.

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FLOCK GROUP INC.

ADDITIONAL SERVICES AGREEMENT
This Agreement combined with the existing agreement referenced in Exhibit A describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Customer”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the terms of the previously executed agreement (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations.

This additional services Agreement will be effective when this Order Form is executed by both Parties (the “Effective Date”).

Agency: CA - City of San Clemente, CA
Legal Entity Name: \FSLegalEntityName{r}\
Contact Name: Jennifer Savage
Address:
140 Avenida Pico
San Clemente, California 92672
Phone: (949) 361-8282
E-Mail: [email protected]
Expected Payment Method:
\FSExpectedPaymentMethod1\
Billing Contact: \FSBillingContact1\
(if different than above)
Initial Term: 12 months
Renewal Term: 12 months
Billing Term: Annual payment due Net 30 per terms
and conditions
Sales tax will be added to all fees as applicable. If your organization is tax exempt, please check this box: \FSTaxExemptCheckbox1\ and email your Sales Tax Exemption Certificate to [email protected].

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Name Price/Usage Fee QTY Subtotal
Extended data retention (Up to 1 Year) $300.00 6.00 $1,800.00 Falcon $2,500.00 6.00 $15,000.00
Standard Implementation Fee $350.00 6.00 $2,100.00
(Includes one-time fees)
Year 1 Total: $18,900.00
Recurring Total: $16,800.00
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By executing this Order Form, Agency represents and warrants that it has read and agrees to all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Agency: CA - City of San Clemente, CA By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
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EXHIBIT A
This agreement is governed by the terms as set out in this attached agreement that has been previously executed by both parties.

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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: M.

Department: Community Development
Prepared By: Rick Loeffler, Public Safety Committee Chair and Adam Atamian, Deputy Community Development Director
Subject:

PUBLIC SAFETY COMMITTEE 2022-2023 ANNUAL WORK PLAN
Fiscal Impact:

Yes. The work plan proposes a number of projects, most of which have costs anticipated to be less than $1000. Many of these costs are included in the adopted City budget because they consist of work and research staff would typically provide for the City in other forms. Two proposed projects, the Neighborhood Watch Program and the Human Trafficking project, are not budgeted, and have anticipated costs of $15,000 and $3,500, respectively. The recommended action includes appropriating $3,500 for the Human Trafficking project from the City’s General Fund. An appropriation request for the cost of the Neighborhood Watch Program will be brought back to the Council at a later date for approval once the actual cost and necessary City resources are identified by the Committee.

Summary:

Per Council direction, the Public Safety Committee is required to develop and submit an annual work plan with specific goals and objectives for the coming year for Council approval. Staff recommends the City Council approve the Public Safety Committee’s 2022-2023 Work Plan.

Background:

The Public Safety Committee was established as a standing committee to act in an advisory capacity to the City Council by reviewing performance measures and making recommendations relating to public safety.

During the Fiscal Year 2021-2022, the Public Safety Committee accomplished a number of tasks identified in the Committee’s Council-approved work plan. These accomplishments include:
· Reviewed performance measures of the Orange County Sheriff Department, Orange County Fire Authority, Contracted Ambulance Services, and the City’s Marine Safety, Park Rangers, and Code Compliance Divisions;
· Investigated the coordination and communication between both internal and external public safety entities related to disaster preparedness;
· Reviewed issues and proposed ordinances related to public safety issues directed by the City Council;
· Developed the framework for an effective and efficient neighborhood watch program; and, · Reviewed proposed federal, state, and county legislation for adverse effects or impacts on the CITY OF SAN CLEMENTE Page 1 of 3 Printed on 10/13/2022
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Meeting Date: 10/18/2022 Agenda Item: M.

City’s public safety services.

Discussion:

Attached is the 2022-2023 Public Safety Committee Work Plan (Attachment 1). In the course of its work in 2022-2023, the Public Safety Committee proposes to maintain the same projects from the 2021-2022 Work Plan projects to address the following issues:
· Communications And Disaster Preparedness
· Homelessness and Best Management Practices for Public Safety Personnel · Legislation Review
· Neighborhood Watch
· Statistical Information and Review
· Technology Review
· Human Trafficking
· E-bicycle / Traffic Safety
· Review of Urgent Matters
While the proposed projects are continuations of projects currently underway by the Committee, there are a few significant modifications to the 2022-2023 Work Plan. These modifications include the following:

1. Neighborhood Watch Project - the 2022-2023 Work Plan includes an estimated project cost of $15,000 to “Identify a program director, city staff member and OCSD designee to work with the Public Safety Committee to develop and implement program.” While the Committee has identified an estimated cost, the actual amount needed to carry out the program requires additional research to ascertain an adequate budget appropriation request. As part of this project, staff will work with the Committee to identify the specific program needs, including assigned staff and City resources, to implement the program. It is anticipated that City staff would assist in maintaining the Neighborhood Watch website, accepting and routing volunteer applications to the appropriate Neighborhood Watch groups, and assisting various stakeholders with facilitating block/district meetings. An appropriation request will be brought back to the Council for approval once the necessary City resources are identified by the Committee.

2. Human Trafficking Project - the 2022-2023 Work Plan includes an estimated project cost of $3,500 to include “1) cost of Priority II business-recognition awards, 2) honoraria (fees paid to victims of human trafficking for guest speaking at Public Safety Committee-hosted events), and 3) staff time to compile information.”
Plan and Policy Consistency:

The approval is consistent with the San Clemente Municipal Code (SCMC), in that it complies with SCMC Section 2.46.020.B - Public Safety Committee; Functions, which requires the Committee to develop an annual work plan with specific goals and objectives for the coming year for Council consideration.

Council Strategy:

The approval is consistent with Council Strategy 2 - Grow resident confidence and value in City services and operations - in that the Committee’s proposed work plan aims to ensure the efficient provision of public safety services through the review of public safety performance measures and CITY OF SAN CLEMENTE Page 2 of 3 Printed on 10/13/2022
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Meeting Date: 10/18/2022 Agenda Item: M.
provision of public safety services through the review of public safety performance measures and making recommendations to enhance public safety services in the City.

Recommended Actions:

Staff Recommendation
THE PUBLIC SAFETY COMMITTEE AND STAFF RECOMMEND THAT the City Council:

Approve the Public Safety Committee’s 2022-2023 Work Plan and appropriate $3,500 for the Human Trafficking Project from the City’s General Fund to Account No. 001-438-44310.

Attachment:

1. Public Safety Committee’s proposed 2022-2023 Work Plan Notification:

None.

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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: A.

Department: Community Development
Prepared By: Jennifer Savage, Assistant to the City Manager Subject:

CONSIDERATION OF ORDINANCE TO APPROVE MASTER PROJECT (MP) 22-089, ARCHITECTURAL PERMIT (AP) 22-101, CONDITIONAL USE PERMIT (CUP) 22-100, GENERAL PLAN AMENDMENT (GPA) 22-097, SITE PLAN PERMIT (SPP) 22-103, TENTATIVE PARCEL MAP (TPM) 22-099, ZONING AMENDMENT (ZA) 22-098 - SENIOR HOUSING AND MEDICAL OFFICE, 654 CAMINO DE LOS MARES
Fiscal Impact:

None.

Summary:

None.

Background:

The matter will be re-noticed for the November 1, 2022 City Council meeting in order to include the applicant’s request for a development agreement as part of the project.

Recommended Actions:

Staff Recommendation
Direct the City Clerk to re-notice the Public Hearing for the November 1, 2022 City Council meeting in order to include the applicant’s request for a development agreement as part of the project.

Attachment:

None.

Notification:

Applicant
Email interest list
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: B.

Department: Community Development
Prepared By: Christopher Wright, Associate Planner II
Subject:

GENERAL PLAN AMENDMENT, SPECIFIC PLAN AMENDMENT, COASTAL LAND USE PLAN AMENDMENT, AND ZONING AMENDMENT; WEST PICO CORRIDOR SPECIFIC PLAN UPDATE

AND ARCHITECTURAL OVERLAY EXPANSION
Fiscal Impact:

None.

Summary:

Planning Commission recommends the City Council: 1) adopt General Plan Amendment (GPA) 21- 238, Specific Plan Amendment (SPA) 21-239, Coastal Land Use Plan Amendment (LUPA) 21-241; and certify Addendum No. 4 to the General Plan Environmental Impact Report (EIR); 2) adopt Zoning Amendment (ZA) 21-240; and 3) consider adopting alternative amendments that add three parcels on North El Camino Real to the West Pico Corridor Specific Plan.

Background:

On August 17, 2021, the City Council initiated the proposed amendments, summarized below. Since the City Council hearing, the following review process occurred:
· Public outreach occurred at community meetings held on October 7, November 18, and December 14, 2021, and staff met with the Los Molinos Business Group on several occasions to discuss design guidelines and issues specific to the Los Molinos General Plan Focus area. · On March 16, 2022, the Planning Commission study session to introduce the project and discuss the scope of work.
· On March 23, 2022, the Design Review Subcommittee meeting to discuss ideas being considered for updates to Los Molinos design guidelines as an implementation measure to the General Plan.
· On September 7, 2022, the Planning Commission recommended City Council adoption of the proposed amendments and directed staff to present alternative amendments for the inclusion of three parcels on North El Camino Real into the West Pico Corridor Specific Plan based on testimony from property owners.

Reports and minutes for these milestones are provided on the project website <https://www.san-clemente.org/westpico>
Discussion:

The proposed amendments are described in detail in Attachment 1 and an overview is below.

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Proposed Land Use Change
The project would change the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057-020-45 and 057-020-67) to High Industrial from a split of Light Industrial and High Industrial, as shown in Attachment 1 (Summary of Proposed Amendments). This change would result in the following:
· Density Increase. The maximum allowed density of the Light Industrial area would increase from a 0.50 Floor Area Ratio (FAR) to 0.75 FAR, resulting in an allowable increase of approximately 12,180 square feet.
· Make Existing Use Conforming. The land use change would make the existing nonconforming automobile towing and salvage use on the subject parcels a conforming use. The Specific Plan allows two conditionally permitted uses in HI zones that are not permitted in LI zones: 1) towing and salvage yards, and 2) concrete batch plants. The Council direction was to exclude the concrete batch plants as a possible use on the two parcels. This is reflected in the attached Specific Plan Amendment.

In summary, the intent of the land use change is to eliminate split zoning on two properties and convert an existing non-conforming use into a conforming use. The land use change is not anticipated to intensify use of hazardous materials or generate significant environmental impacts.

The land use change requires updates to maps in the General Plan, Specific Plan, Coastal Land Use Plan (LUP), and Zoning.

Expansion of Architectural Overlay District and Clarifications Pursuant to Municipal Code Section 17.56.020, Architectural (-A) Overlay District, the intent of the Architectural Overlay District is to establish a visually distinct Spanish architectural district with a pedestrian orientation. The proposed amendments:
· Expand the Architectural Overlay District to include several properties that front primary circulation routes between the Downtown and Pier Bowl in order to integrate the architectural character of the visitor-serving districts, as shown in Attachment 1. The project will update maps for the General Plan, LUP, and Zoning to reflect the expanded Architectural Overlay boundaries. Existing land use designations and zoning underlying the overlay district would remain the same.
· Amend Zoning Ordinance Section 17.56.020, Architectural Overlay, to clarify which architecture is required for Neighborhood Commercial properties in the West Pico Corridor Specific Plan at North El Camino Real that slope downward to Los Obreros Lane and Calle Valle in Los Molinos District. The amended text requires Spanish architecture for new development and major remodels at and above the grade of North El Camino Real (NECR).

Below NECR, projects would be consistent with the Los Molinos Design Guidelines in the Specific Plan.

West Pico Corridor Specific Plan Update
The project will update the development standards, permitted uses, design guidelines, and other content within the Specific Plan to be consistent with the Centennial General Plan and LUP, as required by State law, and to reflect the proposed land use change at 1510 Avenida De La Estrella.

Additionally, the City Council supported an expansion of the Specific Plan area, as described below and shown in Attachment 1.
· Entirety of Los Molinos Focus Area - In the process of preparing the Centennial General CITY OF SAN CLEMENTE Page 2 of 4 Printed on 10/12/2022
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· Entirety of Los Molinos Focus Area - In the process of preparing the Centennial General Plan, the community identified the Los Molinos area as one of eight focus areas to have the most potential for change. Currently, a portion of the focus area is part of the Specific Plan.

Several properties along the south and east boundaries are excluded. The amendments expand the Specific Plan to include the entirety of Los Molinos, so the Specific Plan will become a more useful and effective tool to implement General Plan goals and policies. · Portion of Bonito Canyon Park and Industrial Parcels Outside Los Molinos - The Specific Plan would also be expanded to include four industrial parcels at 1511 Avenida De La Estrella, 108 and 1607 Calle Lago, 1623 North El Camino Real; and include the west portion of Bonito Canyon Park. Currently, these properties are zoned Light Industrial (LI) and the parcels on Calle Lago and North El Camino Real are also in the Mixed-Use (MU) Overlay District, where mixed use developments are allowed pursuant to Mixed Use 1 (MU 1) zoning standards. The Specific Plan’s light industrial development standards and permitted uses would be applied to the industrial parcels added to the Specific Plan.

Alternative Changes - Adding 1311, 1315, and 1401 to Specific Plan At the Planning Commission hearing, owners of property at 1311 and 1315 North El Camino Real (NECR), suggested that their two parcels and the adjacent parcel at 1411 NECR be included in the expansion of the West Pico Corridor Specific Plan, since they similarly slope down from NECR and face Los Molinos with uses and design that share a historical surf and industrial culture with the Los Molinos area. The Planning Commission directed staff to confirm the owner of 1411 also wanted to be a part of the Specific Plan and to present alternative amendments to the City Council that would add the three parcels, included as Attachment 4. If adopted, the changes would update the proposed Resolution and Ordinance. All property owners confirmed their support for the boundary change in writing, provided as Attachment 6.

EIR Addendum No. 4 and Environmental Review
Staff analyzed the proposed amendments for compliance California Environmental Quality Act (CEQA) and determined an EIR Addendum may be prepared pursuant to CEQA Guidelines Section 15164(b), according to findings in the Resolution. Additionally, the proposed amendments to the specific plan, Zoning, and LUP are exempt from CEQA. EIR Addendum No.4 is attached and the General Plan EIR and Addendums 1-3 are available on the City website. <https://www.sanclemente.org/department-services/planning-services/general-plan> Coastal Commission Review
The Specific Plan is a part of the Local Coastal Program Implementation Plan (LCP IP) that is subject to future approval by the California Coastal Commission (CCC). The Specific Plan update will be shared with the CCC staff for informational purposes in advance of the City adopting the LCP IP. If the CCC has suggested modifications on the Specific Plan, the City would need to consider potential amendments and revisit the Specific Plan in the process of completing the LCP IP.

Plan and Policy Consistency:

The action is consistent with General Plan goals and policies described in the proposed Resolution and Ordinance.

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Meeting Date: 10/18/2022 Agenda Item: B.

Recommended Actions:

Staff Recommendation
Staff recommends the City Council:

1. Adopt Resolution No. ___ entitled: “CERTIFYING ADDENDUM NO. 4 TO THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, APPROVING GENERAL PLAN AMENDMENT 21- 238, SPECIFIC PLAN AMENDMENT 21-239, AND LAND USE PLAN AMENDMENT 21-241; TO

ACHIEVE CONSISTENCY BETWEEN THE GENERAL PLAN, LOCAL COASTAL PROGRAM, AND WEST PICO CORRIDOR SPECIFIC PLAN, AND ZONING REGULATIONS; CHANGE THE LAND USE DESIGNATION OF TWO PARCELS AT 1510 AVENIDA DE LA ESTRELLA, AND EXPAND THE ARCHITECTURAL OVERLAY DISTRICT;

2. Adopt Ordinance No. ____ entitled: “CERTIFYING ADDENDUM NO. 4 TO THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT, AND APPROVING ZONING AMENDMENT 21-240;

TO ACHIEVE CONSISTENCY BETWEEN THE GENERAL PLAN, LOCAL COASTAL PROGRAM,

AND WEST PICO CORRIDOR SPECIFIC PLAN, AND AMEND THE ZONING MAP TO EXPAND

THE WEST PICO CORRIDOR SPECIFIC PLAN AREA AND THE ARCHITECTURAL OVERLAY DISTRICT BETWEEN THE DOWNTOWN AND PIER BOWL AREAS; and

3. Approve and include alternative amendments that add 1311, 1315, and 1401 North El Camino Real into the West Pico Corridor Specific Plan by updating the proposed Resolution and Ordinance according to Attachment 4.

Attachment:

1. Summary of Proposed Amendments (Pages 5 to 28)

2. Resolution (Pages 29 to 40)
Exhibit A, General Plan EIR Addendum No. 4 (Pages 41 to 163) Exhibit B, General Plan Amendment (Pages 164 to 167)
Exhibit C, Specific Plan Amendment (Pages 168 to 343)
Exhibit D, Land Use Plan Amendment (Pages 344 to 352)

3. Ordinance (Pages 353 to 363)
Exhibit A, Zoning Map Amendment (Pages 364 to 366)

4. Alternative Amendments adding 1311, 1315, 1401 North El Camino Real to West Pico Corridor Specific Plan (Pages 367 to 375)

5. Tracked Changes for Zoning Amendment (Pages 376 to 379)

6. Property owner comments in support of the alternative amendments (Page 380) Notification:
1/8 page notice was published in the San Clemente Times Project Email Interest List
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ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM
NO. 4 TO THE GENERAL PLAN ENVIRONMENTAL IMPACT
REPORT, APPROVING GENERAL PLAN AMENDMENT 21-
238, SPECIFIC PLAN AMENDMENT 21-239, AND LAND USE
PLAN AMENDMENT 21-241; TO ACHIEVE CONSISTENCY

BETWEEN THE GENERAL PLAN, LOCAL COASTAL

PROGRAM, AND WEST PICO CORRIDOR SPECIFIC PLAN,
AND ZONING REGULATIONS; CHANGE THE LAND USE
DESIGNATION OF TWO PARCELS AT 1510 AVENIDA DE LA

ESTRELLA, AND EXPAND THE ARCHITECTURAL

OVERLAY DISTRICT
WHEREAS, following the 1993 update to the City’s General Plan, the City adopted the West Pico Corridor Specific Plan in 1997. The Specific Plan was adopted to provide more through and definitive planning standards for the revitalization of existing urbanized areas, such as Los Molinos, North El Camino Real, and Pico Corridor. The Specific Plan includes development standards, design guidelines, and procedures to implement the goals, policies, and objectives of the City’s General Plan and Local Coastal Program (“LCP”) Land Use Plan (“LUP”) for portions of West Pico Corridor in the Coastal Zone. Since 1997, several Specific Plan amendments have occurred to address various community issues; and
WHEREAS, on February 4, 2014, the City Council of the City of San Clemente adopted the Centennial General Plan, which, among other provisions, included changes to land use designations, particular types of uses, and development criteria for certain designations; and
WHEREAS, on February 4, 2014, as part of its action on the Centennial General Plan, the City Council certified Environmental Impact Report SCH No. 2013041021 (“General Plan EIR”) pursuant to the California Environmental Quality Act (“CEQA”), approved mitigation measures, and adopted a Statement of Overriding Considerations; and WHEREAS, subsequent to adoption of the General Plan EIR, the City Council adopted several Addenda:

A. On November 3, 2015, the City Council adopted General Plan Amendment (“GPA”) 15-049, approved Ordinance Nos. 1609 and 1610 for Zoning Amendment (“ZA”) 14-456, and certified EIR Addendum No. 1 (the “2015 Addendum”);
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B. On September 5, 2017, the City Council adopted GPA 15-331, approved EIR Addendum No. 2 (the “2017 Addendum”), and approved Ordinance No. 1645 for ZA 17-251; and
C. On December 17, 2019, the San Clemente City Council adopted GPA 19- 291 and SPA 19-292 (an update to the Pier Bowl Specific Plan), and approved EIR Addendum No. 3 (the “2019 Addendum”).

WHEREAS, at the public hearing on June 12, 2018, the City Council adopted Resolution No. 18-19 approving a comprehensive update to the City of San Clemente’s LUP with suggested modifications (Major LCP Amendment No. 1-16 (LCP-5-SCL-16-0012- 1)); and

WHEREAS, on August 10, 2018, the California Coastal Commission (“CCC”) certified the comprehensive LUP update; and
WHEREAS, on August 17, 2021, the City Council initiated GPA 21-238, SPA 21- 239, ZA 21-240, and Land Use Plan Amendment (“LUPA”) 21-241 (collectively, the “Project”) to:

A. Change the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057-020-45 and 057-020-67) from a split of Light Industrial and High Industrial to High Industrial. This change is a cleanup item that would make existing non-conforming automobile towing and salvage businesses on the parcels a conforming use. Concrete batch plants would not be allowed on the two parcels, unlike other High Industrial areas of West Pico Corridor.

B. Expand the Architectural Overlay District to include several missing properties along primary circulation routes between Downtown and the Pier Bowl. The Overlay requires the use of Spanish Colonial Revival Architecture for all major remodels and new development.

C. Update the West Pico Corridor Specific Plan to be consistent with the General Plan and LUP, pursuant to the California Government Code Sections 65300.5, 65359, and 65454; and expand the Specific Plan area to include additional parcels.

Additionally, the project includes an update to the design guidelines and standards for Los Molinos that implement General Plan and LUP policies for the Los Molinos Focus Area.

D. Update Title 17 - Zoning to reflect and clarify the changes reference above.

WHEREAS, the draft LUPA underwent a six-week public review and comment period from September 7, 2022 through October 13, 2022, which is a CCC requirement for formal acceptance of the LUPA for processing; and
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WHEREAS, the City analyzed the proposed amendments for CEQA compliance and determined an EIR Addendum may be prepared pursuant to CEQA Guidelines Section 15164(b), according to findings in Section 2 of this Resolution No. PC 22-017. Additionally, the proposed amendments to the West Pico Corridor Specific Plan and Zoning are mandatory actions under Government Code Section 65860 to make zoning regulations consistent with the General Plan; and the proposed amendments are within the scope of the General Plan EIR and subsequent Addenda, pursuant to State CEQA Guidelines Sections 15162 and 15168. The proposed LUPA is statutorily exempt from CEQA, pursuant to CEQA Guidelines Section 15265, that states CEQA does not apply to local government activities and approvals pursuant to the California Coastal Act; and WHEREAS, on October 7, November 18, and December 14, 2021, the City held community outreach meetings to hear the public’s input on the Project. For the October 7, 2021 meeting, a public notice was mailed to property owners and properties within and surrounding the Project area, including the proposed Specific Plan area and expansion area of the Architectural Overlay district. The public notice referenced a Project website created to provide regular updates and dates for future meetings; and WHEREAS, on March 16, 2022, the Planning Commission held a study session to introduce the Project and its scope of work; and
WHEREAS, on March 23, 2022, the Design Review Subcommittee held a meeting to discuss ideas being considered for updates to Los Molinos design guidelines as an implementation measure to the General Plan; and
WHEREAS, on September 7, 2022, the Planning Commission held a duly noticed public hearing on the subject application, considered evidence presented by City staff and comments from other interested parties, and made a recommendation to the City Council as fully set forth herein; and
WHEREAS, on October 18, 2022, the City Council held a duly noticed public hearing, considered evidence presented by City staff including a Resolution, limited to the adoption of GPA 21-238, SPA 21-239, and LUPA 21-241, and exhibits attached thereto, and heard other interested parties. Separate from this Resolution, the City Council considered and acted upon ZA 21-240 by Ordinance on October 18, 2022.

WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred; and
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
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Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.

Section 2. Compliance with the California Environmental Quality Act.

The City Council has reviewed and considered the certified EIR, EIR Addendum No. 4, the Initial Study, any oral or written comments received, and the administrative record prior to making its decision on the Project. The City Council finds that the certified EIR, Addendum No. 4 to the EIR, and the Initial Study together provide a complete and accurate reporting of the environmental impacts associated with the Project. The City Council finds that the Project is in compliance with CEQA and the State CEQA Guidelines.

Additionally, the proposed amendments to the West Pico Corridor Specific Plan and Zoning are mandatory actions under Government Code Section 65860 to make zoning regulations consistent with the General Plan. The proposed amendments are within the scope of the General Plan EIR and subsequent Addenda, pursuant to State CEQA Guidelines Sections 15162 and 15168. Further, the proposed LUPA is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15265, that states CEQA does not apply to local government activities and approvals pursuant to the California Coastal Act.

Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report.

Based on substantial evidence set forth in the record, including, but not limited to, the certified EIR, Addendum No. 4, the Initial Study, and all related information presented to the City, the City Councils find that: (1) the Project necessitates only minor modifications to the certified EIR such that an EIR Addendum is the appropriate document for compliance with CEQA, pursuant to State CEQA Guidelines Section 15164; and (2) the preparation of a subsequent or supplemental EIR pursuant to State CEQA Guidelines Section 15162 is not required for the proposed Project because:

A. The Project does not constitute a substantial change in the environment that would require major revisions to the certified EIR due to the presence of (1) new, significant environmental effects; or (2) a substantial increase in the severity of previously identified significant effects; and
B. The Project does not constitute a substantial change in the environment with respect to the circumstances under which the Project is undertaken, such that would require major revisions of the certified EIR due to the presence of (1) new, significant environmental effects; or (2) a substantial increase in the severity of previously identified significant effects; and
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C. The Project does not contain new information of substantial importance that was not previously known nor could have been known through the exercise of reasonable diligence at the time the EIR was certified, showing any of the following:

1. The Project would have one or more significant effects not discussed in the certified EIR;

2. Significant effects previously examined would be substantially more severe than shown in the certified EIR;

3. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; or

4. Mitigation measures or alternatives considerably different from those analyzed in the certified EIR would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.

5. An EIR Addendum is not required to be circulated for public review, but can be attached to the certified EIR Pursuant to State CEQA Guidelines Section 15164, Subdivision (c). The certified EIR is available on the City’s website at www.san-clemente.org.

Section 4. Findings on Environmental Impacts.

Based upon a review of Addendum No. 4, the Initial Study, the administrative record, the certified EIR, and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project have been addressed within the certified EIR and Addenda Nos. 1 through 4. The City Council finds that no new or additional mitigation measures or alternatives are required and that there is no substantial evidence in the administrative record supporting a fair argument that the Project could result in any significant environmental impacts beyond those analyzed in the certified EIR. The City Council finds that Addendum No. 4 contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the City’s independent judgment and analysis.

Section 5. General Plan Amendment Findings.

With respect to GPA 21-238, the City Council finds the following:

A. The proposed General Plan Amendment is internally consistent with those portions of the General Plan not being amended, in that:

The Amendment updates land use and overlay designations and boundaries of certain parcels to be consistent throughout the General Plan, in addition to 336
Resolution No. Page 6
figures in the LUP, West Pico Corridor Specific Plan, and the Zoning Map, pursuant to the California Government Code.

The Amendment changes the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057-020-45 and 057-020-67) from a split of Light Industrial and High Industrial to one of High Industrial use. This is a cleanup item to make existing non-conforming automobile towing and salvage businesses on the parcels a conforming use, consistent with Governance Element Policy G-1.11, “Keeping the General Plan and Specific Plans Current,” which provides in full: “The City amends the General Plan to reflect new information, changing conditions, needs and community preferences. This may require updating one or more specific plans and other regulatory documents to maintain consistency.”
The Amendment expands the Architectural Overlay District, which requires all major remodels and new development to feature Spanish Colonial Revival Architecture. The overlay expansion adds several missing properties along primary circulation routes between Downtown and the Pier Bowl, that:
a. Provides effective visual connections between the Pier Bowl and Del Mar/T-Zone General Plan Focus Areas, consistent with Land Use Element Policy LU-12.01, “Connectivity to the Del Mar/T-Zone,” which provides in full: “We provide effective visual and transportation connections to the Del Mar/T-Zone area with visual cues such as signage, landscaping and lighting and work with property owners and businesses to provide transit options for visitors seeking to visit both the Pier Bowl, Pier and Del Mar/TZone destinations.” b. Enhances and maintains the City’s Spanish Village by the Sea heritage with an expanded thematic district between the Pier Bowl and Del Mar/TZone General Plan Focus Areas, consistent with the Urban Design Element Goal for Architecture and Landscaping, to “[c]reate and maintain a unique atmosphere and historic identity as ‘the Spanish Village by the Sea’ where development exhibits high quality site planning, architecture and landscaping and reflect a lush Mediterranean landscaped character, emphasizing Spanish Architecture and drought tolerant and California native plantings.”
B. The proposed General Plan Amendment will not adversely affect the public health, safety, and welfare, in that:

1. The proposed Amendment furthers the objectives of the General Plan, including:
a. Meeting community values, needs, and conditions;
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b. Guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions;
c. Reflecting the City Council’s review, direction, and independent judgment regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies.

2. The Amendment does not cause significant new environmental effects, nor substantially increases environmental effects previously studied and mitigated within the certified General Plan EIR, and the Amendment further does not propose site-specific operations or development of any kind.

Section 6. Specific Plan Amendment Findings.

With respect to SPA 21-239, the City Council finds the following:

A. The proposed Specific Plan Amendment is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan, in that:

1. The Amendment updates Specific Plan land use classifications and boundaries, development standards, and design guidelines to achieve consistency with the General Plan and the LCP, pursuant to Government Code Section 65454.

B. The uses proposed in the Specific Plan Amendment are compatible with adjacent uses and properties, in that:

1. The Amendment updates specific plan land use classifications, boundaries, standards, and guidelines to be consistent with and further goals, objectives, policies, and programs of the General Plan, including:
a. Meeting community values, needs, and conditions;
b. Guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions;
c. Reflecting the City Council’s review, direction, and independent judgment regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies; and
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2. The Amendment updates the Specific Plan to be consistent with the General Plan. The environmental impacts of the General Plan were fully disclosed, evaluated, and mitigated to the extent feasible in the General Plan EIR; and the Amendment does not have the potential to cause new environmental effects or require new mitigation measures. The Amendment does not intensify development potential or change land uses in a manner inconsistent with projections and effects previously studied and mitigated in the EIR, and the Amendment does not propose site-specific operations or development of any kind.

C. The proposed Specific Plan Amendment will not adversely affect the public health, safety, and welfare, in that:

1. The Amendment updates Specific Plan land use classifications, boundaries, standards, and guidelines to be consistent with and further goals, objectives, policies, and programs of the General Plan, including:
a. Meeting community values, needs, and conditions;
b. Guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions;
c. Reflecting the City Council’s review, direction, and independent judgment regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies; and

2. The Amendment updates the Specific Plan to be consistent with the General Plan. The environmental impacts of the General Plan were fully disclosed, evaluated, and mitigated to the extent feasible in the General Plan EIR, and the Amendment does not have the potential to cause new environmental effects or require new mitigation measures. The Amendment does not intensify development potential or change land uses in a manner inconsistent with projections and effects previously studied and mitigated in the EIR, and the Amendment does not propose site-specific operations or development of any kind.

D. The proposed Specific Plan Amendment will not create internal inconsistencies within the Specific Plan. The Amendment updates land use classifications, boundaries, standards, and guidelines to achieve consistency with the General Plan as required by Government Code Section 65454, improves the Specific Plan’s organization, format, and maps, and updates descriptions of the Specific Plan area to reflect current conditions.
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Section 7. Coastal Land Use Plan Amendment Findings.

With respect to LUPA 21-241, the City Council finds the following:

A. The proposed Land Use Plan Amendment is consistent with the General Plan and other portions of the Coastal Land Use Plan not being amended, in that:

The Amendment updates land use and overlay designations and boundaries of certain parcels to be consistent throughout the General Plan and LUP, in addition to West Pico Corridor Specific Plan and the Zoning Map, pursuant to the California Government Code;
The Amendment changes the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057-020-45 and 057-020-67) from a split of Light Industrial and High Industrial to High Industrial use. This is a cleanup item to make existing non-conforming automobile towing and salvage businesses on the parcels a conforming use, consistent with Governance Element Policy G-1.11, “Keeping the General Plan and Specific Plans Current,” which reads in full: “The City amends the General Plan to reflect new information, changing conditions, needs and community preferences. This may require updating one or more specific plans and other regulatory documents to maintain consistency.”;
The Amendment expands the Architectural Overlay District that requires major remodels and new development to feature Spanish Colonial Revival Architecture. The overlay expansion adds several missing properties along primary circulation routes between Downtown and the Pier Bowl, that:
a. Provides effective visual connections between the Pier Bowl and Del Mar/T-Zone General Plan Focus Areas, consistent with Land Use Policy LU-87, “Connectivity to the Del Mar/T-Zone,” that provides in full: “We provide effective visual and transportation connections to the Del Mar/TZone area with visual cues such as signage, landscaping and lighting and work with property owners and businesses to provide transit options for visitors seeking to visit both the Pier Bowl, Pier and Del Mar/T-Zone destinations.”; and
b. Enhances and maintains the City’s “Spanish Village by the Sea” heritage with an expanded thematic district between the Pier Bowl and Del Mar/TZone General Plan Focus Areas, consistent with Chapter 6, Section 6.1.3 of the LUP, which provides in part: “In order to preserve San Clemente’s unique character new development and improvements should strive to keep the spirit of San Clemente’s unique character as the ‘Spanish Village by the Sea.’”
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B. The Amendment will not adversely affect the public health, safety, and welfare, in that:

1. The proposed Amendment furthers the objectives of the General Plan, including:
a. Meeting community values, needs, and conditions;
b. Guiding long-term public and private land use, transportation, economic development, resource preservation, urban design, and other public policy actions; and
c. Reflecting the City Council’s review, direction, and independent judgment regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies.

Section 8. City Council Adoption.

Based on the entire record, including all written and oral evidence presented to the City Council, and the findings made and evidence discussed in the staff report and this Resolution, the City Council hereby adopts the following:

A. Exhibit A, EIR Addendum No. 4 prepared to meet requirements of the California Environmental Quality Act;
B. Exhibit B, General Plan Amendment 21-238 that amends Figures LU-1, Land Use; LU-2, Overlays; and UD-2, Architectural Overlay, in their entirety; C. Exhibit C, Specific Plan Amendment 21-239 that updates the West Pico Corridor Specific Plan in its entirety; and
D. Exhibit D, Land Use Plan Amendment 21-241 that amends Figure 2-1-B Land Use Designations, in its entirety; and 2-1-F and 2-1-G, Land Use Overlays; in their entirety.

Section 9. Severability.

If any section, sentence, clause or phrase of this Resolution or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 341
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Section 10. Custodian of Records.

The documents and materials associated with this Resolution that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at San Clemente City Hall, 910 Calle Negocio, San Clemente, CA 92673.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
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 _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
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General Plan Amendments EXHIBIT B
Enclosed:
• Amended Land Use Element, Figure LU1-A Land Use
• Amended Land Use Element, Figure LU1-B Overlays
• Amended Urban Design Element, Figure UD-2 Architectural Overlay 467
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ATTACHMENT 3
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, CERTIFYING ADDENDUM
NO. 4 TO THE GENERAL PLAN ENVIRONMENTAL IMPACT
REPORT, AND APPROVING ZONING AMENDMENT 21-
240; TO ACHIEVE CONSISTENCY BETWEEN THE

GENERAL PLAN, LOCAL COASTAL PROGRAM, AND

WEST PICO CORRIDOR SPECIFIC PLAN, AND AMEND

THE ZONING MAP TO EXPAND THE WEST PICO

CORRIDOR SPECIFIC PLAN AREA AND THE

ARCHITECTURAL OVERLAY DISTRICT BETWEEN THE

DOWNTOWN AND PIER BOWL AREAS
WHEREAS, following the 1993 update to the City’s General Plan, the City adopted the West Pico Corridor Specific Plan in 1997. The Specific Plan was adopted to provide more through and definitive planning standards for the revitalization of existing urbanized areas, such as Los Molinos, North El Camino Real, and Pico Corridor. The Specific Plan includes development standards, design guidelines, and procedures to implement the goals, policies, and objectives of the City’s General Plan and Local Coastal Program (“LCP”) Land Use Plan (“LUP”) for portions of West Pico Corridor in the Coastal Zone.

Since 1997, several Specific Plan amendments have occurred to address various community issues; and
WHEREAS, on February 4, 2014, the City Council of the City of San Clemente adopted the Centennial General Plan, which, among other provisions, included changes to land use designations, particular types of uses, and development criteria for certain designations; and
WHEREAS, on February 4, 2014, as part of its action on the Centennial General Plan, the City Council certified Environmental Impact Report SCH No. 2013041021 (“General Plan EIR”) pursuant to the California Environmental Quality Act (“CEQA”), approved mitigation measures, and adopted a Statement of Overriding Considerations; and
WHEREAS, subsequent to adoption of the General Plan EIR, the City Council adopted several Addenda:

A. On November 3, 2015, the City Council adopted General Plan Amendment (“GPA”) 15-049, approved Ordinance Nos. 1609 and 1610 for Zoning Amendment (“ZA”) 14-456, and certified EIR Addendum No. 1 (the “2015 Addendum”);
B. On September 5, 2017, the City Council adopted GPA 15-331, approved EIR Addendum No. 2 (the “2017 Addendum”), and approved Ordinance No. 1645 for ZA 17-251; and
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C. On December 17, 2019, the San Clemente City Council adopted GPA 19- 291 and SPA 19-292 (an update to the Pier Bowl Specific Plan), and approved EIR Addendum No. 3 (the “2019 Addendum”).

WHEREAS, at the public hearing on June 12, 2018, the City Council adopted Resolution No. 18-19 approving a comprehensive update to the City of San Clemente’s LUP with suggested modifications (Major LCP Amendment No. 1-16 (LCP-5-SCL-16- 0012-1)); and
WHEREAS, on August 10, 2018, the California Coastal Commission (“CCC”) certified the comprehensive LUP update; and
WHEREAS, on August 17, 2021, the City Council initiated GPA 21-238, SPA 21- 239, ZA 21-240, and Land Use Plan Amendment (“LUPA”) 21-241 (collectively, the “Project”) to:

A. Change the land use designation of two parcels located at 1510 Avenida De La Estrella (APNs 057-020-45 and 057-020-67) from a split of Light Industrial and High Industrial to High Industrial. This change is a cleanup item that would make existing non-conforming automobile towing and salvage businesses on the parcels a conforming use. Concrete batch plants would not be allowed on the two parcels, unlike other High Industrial areas of West Pico Corridor.

B. Expand the Architectural Overlay District to include several missing properties along primary circulation routes between Downtown and the Pier Bowl. The Overlay requires the use of Spanish Colonial Revival Architecture for all major remodels and new development.

C. Update the West Pico Corridor Specific Plan to be consistent with the General Plan and LUP, pursuant to the California Government Code Sections 65300.5, 65359, and 65454; and expand the Specific Plan area to include additional parcels. Additionally, the project includes an update to the design guidelines and standards for Los Molinos that implement General Plan and LUP policies for the Los Molinos Focus Area.

D. Update Title 17 - Zoning to reflect and clarify the changes reference above.

WHEREAS, the draft LUPA underwent a six-week public review and comment period from September 7, 2022 through October 13, 2022, which is a CCC requirement for formal acceptance of the LUPA for processing; and
WHEREAS, the City analyzed the proposed amendments for CEQA compliance and determined an EIR Addendum may be prepared pursuant to CEQA Guidelines Section 15164(b), according to findings in Section 2 of this Ordinance No. PC 22-017.

Additionally, the proposed amendments to the West Pico Corridor Specific Plan and Zoning are mandatory actions under Government Code Section 65860 to make zoning 657
regulations consistent with the General Plan; and the proposed amendments are within the scope of the General Plan EIR and subsequent Addenda, pursuant to State CEQA Guidelines Sections 15162 and 15168. The proposed LUPA is statutorily exempt from CEQA, pursuant to CEQA Guidelines Section 15265, that states CEQA does not apply to local government activities and approvals pursuant to the California Coastal Act; and WHEREAS, on October 7, November 18, and December 14, 2021, the City held community outreach meetings to hear the public’s input on the Project. For the October 7, 2021 meeting, a public notice was mailed to property owners and properties within and surrounding the Project area, including the proposed Specific Plan area and expansion area of the Architectural Overlay district. The public notice referenced a Project website created to provide regular updates and dates for future meetings; and WHEREAS, on March 16, 2022, the Planning Commission held a study session to introduce the Project and its scope of work; and
WHEREAS, on March 23, 2022, the Design Review Subcommittee held a meeting to discuss ideas being considered for updates to Los Molinos design guidelines as an implementation measure to the General Plan; and
WHEREAS, on September 7, 2022, the Planning Commission held a duly noticed public hearing on the subject application, considered evidence presented by City staff and comments from other interested parties, and made a recommendation to the City Council as fully set forth herein; and
WHEREAS, on October 18, 2022, the City Council held a duly noticed public hearing, considered evidence presented by City staff including a Ordinance, limited to the adoption of ZA 21-240, and exhibits attached thereto, and heard other interested parties. Separate from this Ordinance, the City Council considered and acted upon General Plan Amendment 21-238, SPA 21-239, and LUPA 21-241 by Resolution on [date].

WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this Ordinance.
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Section 2. Compliance with the California Environmental Quality Act.

The City Council has reviewed and considered the certified EIR, EIR Addendum No. 4, the Initial Study, any oral or written comments received, and the administrative record prior to making its decision on the Project. The City Council finds that the certified EIR, Addendum No. 4 to the EIR, and the Initial Study together provide a complete and accurate reporting of the environmental impacts associated with the Project. The City Council finds that the Project is in compliance with CEQA and the State CEQA Guidelines.

Additionally, the proposed amendments to the West Pico Corridor Specific Plan and Zoning are mandatory actions under Government Code Section 65860 to make zoning regulations consistent with the General Plan. The proposed amendments are within the scope of the General Plan EIR and subsequent Addenda, pursuant to State CEQA Guidelines Sections 15162 and 15168. Further, the proposed LUPA is statutorily exempt from CEQA pursuant to CEQA Guidelines Section 15265, that states CEQA does not apply to local government activities and approvals pursuant to the California Coastal Act.

Section 3. Findings on the Necessity for a Subsequent or Supplemental Environmental Impact Report.

Based on substantial evidence set forth in the record, including, but not limited to, the certified EIR, Addendum No. 4, the Initial Study, and all related information presented to the City, the City Councils find that: (1) the Project necessitates only minor modifications to the certified EIR such that an EIR Addendum is the appropriate document for compliance with CEQA, pursuant to State CEQA Guidelines Section 15164; and (2) the preparation of a subsequent or supplemental EIR pursuant to State CEQA Guidelines Section 15162 is not required for the proposed Project because:

A. The Project does not constitute a substantial change in the environment that would require major revisions to the certified EIR due to the presence of (1) new, significant environmental effects; or (2) a substantial increase in the severity of previously identified significant effects; and
B. The Project does not constitute a substantial change in the environment with respect to the circumstances under which the Project is undertaken, such that would require major revisions of the certified EIR due to the presence of (1) new, significant environmental effects; or (2) a substantial increase in the severity of previously identified significant effects; and
C. The Project does not contain new information of substantial importance that was not previously known nor could have been known through the exercise of reasonable diligence at the time the EIR was certified, showing any of the following:
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1. The Project would have one or more significant effects not discussed in the certified EIR;

2. Significant effects previously examined would be substantially more severe than shown in the certified EIR;

3. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the lead agency declined to adopt such measures; or

4. Mitigation measures or alternatives considerably different from those analyzed in the certified EIR would substantially reduce one or more significant effects on the environment, but which the lead agency declined to adopt.

5. An EIR Addendum is not required to be circulated for public review, but can be attached to the certified EIR Pursuant to State CEQA Guidelines Section 15164, Subdivision (c). The certified EIR is available on the City’s website at www.san-clemente.org.

Section 4. Findings on Environmental Impacts.

Based upon a review of Addendum No. 4, the Initial Study, the administrative record, the certified EIR, and all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project have been addressed within the certified EIR and Addenda Nos. 1 through 4. The City Council finds that no new or additional mitigation measures or alternatives are required and that there is no substantial evidence in the administrative record supporting a fair argument that the Project could result in any significant environmental impacts beyond those analyzed in the certified EIR. The City Council finds that Addendum No. 4 contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the City’s independent judgment and analysis.

Section 5. Zoning Amendment Findings.

With respect to ZA 21-240, the City Council finds the following for amendments to the Zoning Ordinance, as set forth in Section 6 and 7 herein:

A. The proposed amendments are consistent with the General Plan pursuant to Government Code Section 65860(c), since they directly implement the Centennial General Plan (as adopted on February 14, 2014 and by subsequent amendments thereafter); and
B. The zoning amendments adopting the use provisions and development criteria as proposed will not adversely impact the public health, safety, and welfare since they further the Centennial General Plan objectives of (1) meeting community values, needs, and conditions; (2) guiding long-term public and private land use, 660
transportation, economic development, resource preservation, urban design, and other public policy actions; and (3) reflecting the City Council’s review, direction, and independent judgement regarding land use, circulation and transportation, economic development, environmental protection, recreation, public safety and services, coastal issues, historic preservation, natural resources, urban design, and governance and growth management policies.

Section 6. San Clemente Municipal Code Section 17.56.020, Architectural Overlay District, is hereby amended in its entirety as follows:

17.56.020 Architectural (-A) Overlay District.

A. Purpose and Intent. The purpose and intent of the Architectural ["-A"] Overlay designation is to signify a visually distinct district in San Clemente, containing structures characterized by two significant design orientations: 1) the City's traditional architectural style, Spanish Colonial Revival, and 2) a pedestrian orientation. The goals for areas with this designation are as follows to:

1. Maintain and enhance the unique "Spanish-Village-by-the-Sea" character of specific areas of the City;

2. Maintain a high quality of design consistent with the City's history, according to the General Plan Urban Design Element and City's Design Guidelines;

3. Require new development and major remodels have Spanish Colonial Revival architecture, except as described in Subsection E (Architectural Review Criteria) below.

4. When Spanish Colonial Revival architecture is required, the goal of the [-A] Overlay is to require site and structural development that exemplifies the Ole Hanson era, and, at the same time, allow creative interpretation of Spanish Colonial Revival architecture. If this section requires architecture other than Spanish Colonial Revival, the goal of the [-A] Overlay is to require site and structural development; that is consistent with the City's Design Guidelines and in character with the architectural style required by the [-A] Overlay.

5. Provide for the development of commercial and mixed-use (integrating commercial with residential) districts characterized by a high level of pedestrian activity;

6. Require that structures be sited and designed to enhance pedestrian activity along sidewalks.

B. Applicability. The provisions in this section apply to development within the -A Overlay.

C. Permitted and Conditionally Permitted Uses. Permitted and conditional uses within the -A Overlay are the same uses as those allowed within the underlying 661
base zones. Please refer to the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

D. Development Review. Development in areas with this overlay designation will be subject to architectural review for compliance with the City's Design Guidelines.

See Section 17.16.100, Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits for requirements regarding architectural review.

E. Architectural Review Criteria. The purpose of architectural review shall vary, according to the following criteria. For referenced architectural style areas, refer to Figure UD-2 in the General Plan Urban Design Element for area locations.

1. Required Architecture.
a. Spanish Colonial Revival. Ole Hanson-era Spanish Colonial Revival architecture is required except when subsections b and c apply, below.

When Spanish Colonial Revival architecture is required, site and structural developments are to exemplify the Ole Hanson era, and, at the same time, allow creative interpretation of Spanish Colonial Revival architecture;
b. Spanish Colonial Revival or Other Spanish Architecture. i. El Camino Real Neighborhood Commercial Zones. Spanish Colonial Revival architecture or other Spanish architectural styles is required, such as Monterey, Mediterranean, or Mission, etc., on properties in the NC2 and NC3 Zones along North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5.

This excludes North El Camino Real properties in the West Pico Corridor Specific Plan.
ii. North El Camino Real in West Pico Corridor Specific Plan. The West Pico Corridor Specific Plan includes several Neighborhood Commercial properties on North El Camino Real with rear frontage to Calle Valle and Los Obreros Lane. New development and major remodels along El Camino Real shall have a true form of Spanish architecture, such as Spanish Colonial Revival, Mission, Monterey, etc. wherever a project equals or exceeds the grade of North El Camino Real. For portions below the grade of North El Camino Real, projects are evaluated according to design guidelines in the West Pico Corridor Specific Plan for the Los Molinos Design District.
c. Distinctive Architecture of Historically Significant Buildings.

Projects shall preserve and reinforce the original architectural design of structures that are designated historic resources, eligible for historic 662
listing, or potential eligible for historic listing. This includes significant structures with distinctive architectural styles that include but is not limited to Spanish Colonial Revival, Art Deco, Post-Modern, and MidCentury Modern. Project should reinforce the building's original architectural design.
d. Pedestrian-Oriented Design in the [A] and [CB] Overlays. Projects located in [A] and [CB] Overlays shall have a pedestrian-orientation with design elements such as courtyards, paseos, outdoor eating areas, landscaping, interesting architectural details, etc.

2. New Structures. The architectural character for all new buildings shall reflect a pedestrian orientation, and have Spanish Colonial Revival architecture unless other architecture is required by subsection E above.

New and historic structures are required to comply with all relevant sections of the City's Design Guidelines, as well as the development standards for the underlying zoning designation.

3. Historic Structures. Projects shall preserve and reinforce the original architectural design of significant structures that are designated historic, eligible for historic listing, or potential eligible for historic listing. This includes significant structures with distinctive architectural styles other than Spanish Colonial Revival, such as, Art Deco, Post-Modern, and Mid-Century Modern. Project should reinforce the building's original architectural design.

4. Remodeled Structures. Although the ultimate goals for remodeled buildings in the Architectural Overlay are to have the required architectural style per subsection E (Architectural Review Criteria) above. It may not always be practical, with minor changes, to convert a contemporary building into a true form of the required architectural style, consistent with the City's Design Guidelines, or to provide pedestrian-oriented elements. It is not the intent of the Architectural Overlay District to prevent minor building improvements, additions, maintenance, etc., from occurring. The following should be considered when remodeling a building:
a. In reviewing additions to existing buildings which do not have the required architectural style and/or not pedestrian-oriented, the review authority shall determine whether or not it is practical for the existing buildings to be converted to a true form of the architecture required by this section and/or to provide pedestrian-oriented elements. b. In cases where only minor modifications are proposed, the goals shall be the following:
i. To improve the architectural quality of the building, consistent with the architectural style required by this section;
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ii. To include design elements that are in character with the required architectural style, where practical;
iii. To include as many pedestrian-oriented elements, such as courtyards, paseos, outdoor eating areas, landscaping, interesting architectural details, etc., as is practical.

Minor modifications are changes that leave the existing building essentially intact and are primarily cosmetic (e.g., paint, re-stucco, enlarged windows, small additions).

Minor remodels are required to comply with the standards of the underlying zoning designation, and the general Design Guidelines in the City's Design Guidelines. If the building being remodeled is Spanish Colonial Revival, or if Spanish Colonial Revival elements would complement the building and are practical, then the section of the City's Design Guidelines pertaining to Spanish Colonial Revival architecture should be used to guide minor changes.

When practical, the guidelines for pedestrian districts contained in the City's Design Guidelines should also be used.
c. For all major remodels, projects shall have the required architectural style per subsection E (Architectural Review Criteria) and pedestrian-orientation unless it can be demonstrated that it is impractical to do so. Major remodels are changes that significantly alter a building's design (e.g., additions that significantly change the footprint of the building, the addition of new stories, new roof design, etc.).

Major remodels are required to comply with all relevant sections of the City's Design Guidelines, particularly the section for pedestrian districts, as well as the development standards for underlying zoning designation. If Spanish Colonial Revival architecture is required, major remodels are also required to comply with relevant sections of the City's Design Guidelines for Spanish Colonial Revival architecture.

Section 7. The San Clemente Zoning Map is hereby amended to update Zoning Districts and Zoning Overlay Districts to reflect the expansion of the West Pico Corridor Specific Plan area and expansion of the Architectural Overlay District between the Downtown and Pier Bowl areas, as shown and included as Exhibit A.

Section 8. City Council Adoption of Ordinance.

Based on the entire record, including all written and oral evidence presented to the City Council, and the findings made and evidence discussed in the staff report and this Ordinance, the City Council hereby approves adopts Zoning Amendment 21-240. 664
Section 9. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable, such decision shall not affect the validity or enforceability of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases would be declared invalid or unenforceable.

Section 10. The City Clerk shall certify to the passage of this Ordinance and publish the same in the manner required by law, and this Ordinance shall take effect as provided by law.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
665

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
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 October 18, 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 _____________, _______, 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 ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________

CITY ATTORNEY
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Zoning Amendments Redline
Section 1. Amend Section 17.56.020, Architectural Overlay District, in its entirety as follows. Additions are shown in underline and

17.56.020 Architectural (-A) Overlay District.

A. Purpose and Intent. The purpose and intent of the Architectural ["-A"] Overlay designation is to signify a visually distinct district in San Clemente, containing structures characterized by two significant design orientations: 1) the City's traditional architectural style, Spanish Colonial Revival, and 2) a pedestrian orientation. The goals for areas with this designation are as follows to:

1. Maintain and enhance the unique "Spanish-Village-by-the-Sea" character of specific areas of the City;

2. Maintain a high quality of design consistent with the City's history, according to the General Plan Urban Design Element and City's Design Guidelines;

3. Require new buildings development and major remodels be designed to reflect thehave City's Spanish Colonial Revival architecture, except as described in Subsection E (Architectural Review Criteria) below. , except for:
a. Projects on properties along North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5 that may have Spanish Colonial Revival architecture or a true form of another Spanish architectural style, such as Mission, Monterey, or Mediterranean.
b. Remodels of architecture of historically significant buildings with distinctive architecture other than Spanish Colonial Revival. These remodel projects are required to preserve and reinforce the character defining features and other aspects of the site and building's design that are architecturally significant and distinct.

4. When Spanish Colonial Revival architecture is required, the goal of the [-A] Overlay is to require site and structural development that exemplifies the Ole Hanson era, and, at the same time, allow creative interpretation of Spanish Colonial Revival architecture. If this section requires architecture other than Spanish Colonial Revival, the goal of the [-A] Overlay is to require site and structural development ;that is consistent with the City's Design Guidelines and in character with the architectural style required by the [-A] Overlay.

5. Provide for the development of commercial and mixed-use (integrating commercial with residential) districts characterized by a high level of pedestrian activity;

6. Require that structures be sited and designed to enhance pedestrian activity along sidewalks.

B. Applicability. The provisions in this section apply to development within the -A Overlay.

ATTACHMENT 5
K.1
679
Zoning Amendments
C. Permitted and Conditionally Permitted Uses. Permitted and conditional uses within the -AA Overlay are the same uses as those allowed within the underlying base zones. Please refer to the use tables in Chapters 17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, of this title.

D. Development Review. Development in areas with this overlay designation will be subject to architectural review for compliance with the City's Design Guidelines. See Section 17.16.100, Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits for requirements regarding architectural review.

E. Architectural Review Criteria. The purpose of architectural review shall vary, according to the following criteria: and refer to Figure UD-2 in the General Plan Urban Design Element.

1. Required Architecture.
a. Spanish Colonial Revival. Ole Hanson-era Spanish Colonial Revival architecture is required except when subsections b and c apply, below.

When Spanish Colonial Revival architecture is required, site and structural developments are to exemplify the Ole Hanson era, and, at the same time, allow creative interpretation of Spanish Colonial Revival architecture; b. Spanish Colonial Revival or Other Spanish Architecture. i. El Camino Real Neighborhood Commercial Zones. Spanish Colonial Revival architecture or other Spanish architectural styles shall be utilizedis required, such as Monterey, Mediterranean, or Mission, etc., on properties in the NC2 and NC3 Zones along North El Camino Real between West Avenida Palizada and Calle Los Bolas, and on South El Camino Real between Avenida Rosa and Interstate-5. This excludes North El Camino Real properties in the West Pico Corridor Specific Plan.
ii. North El Camino Real in West Pico Corridor Specific Plan. For properties in tThe West Pico Corridor Specific Plan includes several Neighborhood Commercial properties on North El Camino Real with rear frontage to Calle Valle and Los Obreros Lane. New , that take access from Los Obreros Lane, Spanish Architecture is required for any whole-site development proposal, and forand major remodels of along El Camino Real shall have a true form of Spanish architecture, such as Spanish Colonial Revival, Mission, Monterey, etc. wherever a project equals or exceeds the existing grade of North El Camino Real.

For portions below buildings and improvements fronting the existing grade of North El Camino Real, projects are evaluated according to design guidelines in the West Pico Corridor Specific Plan for the Los Molinos Design District. Otherwise, projects may use existing architecture..
c. Distinctive Architecture of Historically Significant Buildings. Projects shall preserve and reinforce the original architectural design of structures K.2
680
Zoning Amendments
that are designated historic resources, eligible for historic listing, or potential eligible for historic listing. This includes significant structures with distinctive architectural styles that include but is not limited to Spanish Colonial Revival, Art Deco, Post-Modern, and Mid-Century Modern. Project should reinforce the building's original architectural design. d. Pedestrian-Oriented Design in the [A] and [PCB] Overlays. Projects located in [A] and [CBP] Overlays shall have a pedestrian-orientation with design elements such as courtyards, paseos, outdoor eating areas, landscaping, interesting architectural details, etc.

2. New Structures. The architectural character for all new buildings shall reflect a pedestrian orientation, and have Spanish Colonial Revival architecture unless other architecture is required by subsection E above. New and historic structures are required to comply with all relevant sections of the City's Design Guidelines, as well as the development standards for the underlying zoning designation.

3. Historic Structures. Projects shall preserve and reinforce the original architectural design of significant structures that are designated historic, eligible for historic listing, or potential eligible for historic listing. This includes significant structures with distinctive architectural styles other than Spanish Colonial Revival, such as, Art Deco, Post-Modern, and Mid-Century Modern. Project should reinforce the building's original architectural design.

4. Remodeled Structures. Although the ultimate goals for remodeled buildings in the Architectural Overlay are to have the required architectural style per subsection E (Architectural Review Criteria) above. It may not always be practical, with minor changes, to convert a contemporary building into a true form of the required architectural style, consistent with the City's Design Guidelines, or to provide pedestrian-oriented elements. It is not the intent of the Architectural Overlay District to prevent minor building improvements, additions, maintenance, etc., from occurring. The following should be considered when remodeling a building:
a. In reviewing additions to existing buildings which do not have the required architectural style and/or not pedestrian-oriented, the review authority shall determine whether or not it is practical for the existing buildings to be converted to a true form of the architecture required by this section and/or to provide pedestrian-oriented elements.
b. In cases where only minor modifications are proposed, the goals shall be the following:
i. To improve the architectural quality of the building, consistent with the architectural style required by this section;
ii. To include design elements that are in character with the required architectural style, where practical;
iii. To include as many pedestrian-oriented elements, such as courtyards, paseos, outdoor eating areas, landscaping, interesting architectural details, etc., as is practical.

K.3
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Zoning Amendments
Minor modifications are changes that leave the existing building essentially intact and are primarily cosmetic (e.g., paint, re-stucco, enlarged windows, small additions).

Minor remodels are required to comply with the standards of the underlying zoning designation, and the general Design Guidelines in the City's Design Guidelines. If the building being remodeled is Spanish Colonial Revival, or if Spanish Colonial Revival elements would complement the building and are practical, then the section of the City's Design Guidelines pertaining to Spanish Colonial Revival architecture should be used to guide minor changes. When practical, the guidelines for pedestrian districts contained in the City's Design Guidelines should also be used.
c. For all major remodels, projects shall have the required architectural style per subsection E (Architectural Review Criteria) and pedestrianorientation unless it can be demonstrated that it is impractical to do so. Major remodels are changes that significantly alter a building's design (e.g., additions that significantly change the footprint of the building, the addition of new stories, new roof design, etc.).

Major remodels are required to comply with all relevant sections of the City's Design Guidelines, particularly the section for pedestrian districts, as well as the development standards for underlying zoning designation. If Spanish Colonial Revival architecture is required, major remodels are also required to comply with relevant sections of the City's Design Guidelines for Spanish Colonial Revival architecture.

Section 2. Amend Zoning Map page F3 and G3 as follows (on next two pages).

K.4
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Comments ATTACHMENT 6
Owners 1311, 1315, 1401 North El Camino Real
From: darrow Jensen
Sent: Tuesday, September 27, 2022 10:41 AM
To: Wright, Christopher <[email protected]>
Subject: plan
Hi Christopher
I own the property at 1315 N. El Camino Real and want my property to be included as part of the West Pico Corridor Specific Plan.

Thank you
Darrow Jensen
From: Nathan Linder
Sent: Tuesday, September 27, 2022 9:34 AM
To: Mike Gentile
Cc: darrow Jensen; Wright, Christopher <[email protected]>; DJ Yeilding Subject: Re: 1401, 1315 & 1311 NECR Property Owner Discussion Chris, It was a pleasure speaking with you today. I own the property at 1401 N. El Camino Real and support my property being a part of the West Pico Corridor Specific Plan.Please call or email with any questions.

Best Regards,
Nathan W Linder
760-500-0026
From: Mike Gentile
Sent: Tuesday, September 27, 2022 9:39 AM
To: Nathan Linder
Cc: darrow Jensen, Wright, Christopher <[email protected]>; DJ Yeilding Subject: Re: 1401, 1315 & 1311 NECR Property Owner Discussion Christopher,
Thanks again for your time today. I own the property at 1315 N. El Camino Real and want my property to be included as part of the West Pico Corridor Specific Plan. Let me know if you require anything further.

Best,
Mike
Mike Gentile
Founder and CEO
T: 800.203.3817 | M: 949.282.8633
E: [email protected] | www.cisoshare.com
1315 N. El Camino Real | San Clemente, CA 92672
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: A.

Department: City Clerk
Prepared By: Joanne Baade, City Clerk
Subject:

FILLING OF VACANCIES IN THE ELECTED OFFICES OF CITY CLERK AND CITY TREASURER Fiscal Impact:

Yes. If Council determines to call a special election to fill the office of City Clerk and/or City Treasurer, a cost of approximately $322,722 to $377,435 will be incurred to pay the Orange County Registrar of Voters for election services. In addition, approximately $3,000 would be needed to fund expenses that the City would incur, such as translation and publication costs, as well as the purchase of miscellaneous election supplies. If Council chooses to appoint successors, and recruit for applicants, instead of calling a special election, approximately $400 would be needed to pay for a newspaper publication to invite applicants. Funding could be allocated from the Unassigned General Fund Balance.

Summary:

The incumbents in the City’s elected offices of City Clerk and City Treasurer have submitted mid-term resignations from their respective offices. The terms of both offices are due to expire in November 2024 and State law requires that Council, within 60 days of the creation of the vacancies, either appoint successors or call a special election to fill the remainder of the unexpired terms. Council is being asked at this time to determine how it wishes to fill the vacancies.

Background:

The City Clerk submitted her written resignation to the City Council on October 1, 2022 (Attachment #1). The City Treasurer submitted his written resignation to the City Clerk on October 3, 2022 (Attachment #2). Pursuant to Government Code Section 36512(b), Council is required to either appoint San Clemente registered voters to fill the unexpired terms within 60 days of the creation of the vacancies (defined as the date that a written resignation is delivered to the City Clerk, or in the case of the City Clerk’s resignation, delivered to the City Council), or call a special election to fill the remainder of the unexpired terms. Consequently, Council must appoint a successor to the office of City Clerk or call a special election by November 30, 2022 and must appoint a successor to the office of City Treasurer or call a special election by December 2, 2022. Both written resignations state that they shall become effective in 60 days, or upon appointment of successors, whichever occurs first.

Details relating to the two options available to Council are as follows:

Fill One or Both Vacancies by Appointment
The Council may appoint San Clemente registered voters to fill the vacancies. The Council may CITY OF SAN CLEMENTE Page 1 of 3 Printed on 10/12/2022
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Meeting Date: 10/18/2022 Agenda Item: A.
establish a formal recruitment/interview process leading up to an appointment, and may also opt not to have a formal process. The only requirement is that the appointments be made within 60 days of the creation of the vacancy. The persons appointed shall serve for the duration of the unexpired terms of the former incumbents (i.e., until November 2024). If the measures on the November 8, 2022 ballot that propose to make the offices of City Clerk and City Treasurer appointive should pass (Measures U and V), the persons that Council appoints to fill the vacancies will continue to serve out the terms of the former incumbents. If a subsequent vacancy in either office occurs after the effective date of the measures (i.e., 10 days after Council recites the results of the November 8, 2022 General Municipal Election, which is anticipated to occur in late December 2022), the vacancies could only be filled by appointment.

Call a Special Election
The Council may also call a special election to be held on the “next regularly established election date” under State law occurring not less than 114 days from the call of the special election. Under State Government and Elections Codes, the next such date is March 7, 2023, provided the Council calls the election by no later than Sunday, November 13, 2022. Under the 114-day rule, if the Council were to call the special election at a later meeting, the special election would move to the next date provided by State law, which is November 7, 2023. The Council may appoint or call a special election at a regular or special Council meeting held for this purpose. If Council calls a special election, it does not have the ability under State law or the Municipal Code to appoint an interim City Clerk or City Treasurer to serve until the special election is held. The seat(s) would remain vacant until filled by the special election. A San Clemente registered voter elected to fill a vacancy holds office for the unexpired term of the former incumbent. Since the vacancy and calling of the special election would predate the potential effective date of Measures U and V (i.e., late December 2022), the special election would still occur even if one or both measures pass. The Registrar of Voters’ Office estimates the cost of a special election to fill one or both offices on either date in 2023 to be approximately $322,722 to $377,435. An additional $3,000 would also be needed to fund translation and publication costs, as well as miscellaneous election supplies, that the City would incur.

Recommended Actions:

City Clerk Recommendation
If Council determines to fill one or both vacancies by appointment, City Clerk recommends that Council either appoint San Clemente registered voters to fill the unexpired terms at this time, or alternatively, direct staff to recruit for applicants through the San Clemente Times and City website. If Council chooses to recruit for the offices, City Clerk recommends that Council schedule an Adjourned Regular Meeting between November 17, 2022 and November 21, 2022 to interview candidates and make appointment(s).

If Council determines to call a special election to fill one or both vacancies, City Clerk recommends that Council direct the City Clerk to prepare the resolutions necessary to call the special election and direct that the resolutions be agendized for Council consideration at its meeting of either November 1, 2022 or November 15, 2022. If Council directs that the resolutions be agendized for the Council meeting of November 1, 2022, the special election will occur on March 7, 2023. If Council directs that the resolutions be agendized for the Council meeting of November 15, 2022, the special election will CITY OF SAN CLEMENTE Page 2 of 3 Printed on 10/12/2022
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occur on November 7, 2023.

Attachment:
1) Resignation email from the City Clerk, dated October 1, 2022 2) Resignation email from the City Treasurer, dated October 3, 2022 Notification:

Mark Taylor, City Treasurer
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 10/12/2022
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From: Baade, Joanne
To: Campagnolo, Laura
Subject: Resignation from Office of City Clerk
Date: Wednesday, October 5, 2022 11:11:11 AM
From: Baade, Joanne
Sent: Saturday, October 1, 2022 8:49 AM
To: James, Gene <[email protected]>; Duncan, Chris <[email protected]>; Ferguson, Laura <[email protected]>; Knoblock, Steve <[email protected]>; Ward, Kathy <[email protected]>
Cc: Joyce, Sean <[email protected]>; Campagnolo, Laura <CampagnoloL@sanclemente.org>; Jimenez, Megan <[email protected]>; Baade, Joanne <[email protected]>; Scott Smith <[email protected]> Subject: Resignation from Office of City Clerk
Dear Councilmembers:

It is with mixed emotions that I hereby submit my
resignation from the elected office of City Clerk. This is a bittersweet moment for me because I have loved
serving the City of San Clemente, but now that I am a
grandmother, it is time for me to move on to a new
chapter in my life. I will miss working with you, the City staff, and the people of San Clemente, but I intend to
stay in San Clemente and am available to help in this
transition and beyond.

Pursuant to State law, the date of the vacancy in this
office occurs upon my delivery of this email to the City Council. Therefore, the 60-day time frame under State
law to fill the vacancy through appointment or calling a special election starts tomorrow (see below). My
resignation will become effective 60 days from the date of this email, or upon Council’s appointment of my
successor, whichever occurs first.

In terms of filling the vacancy, California Government
Code 36512(b) requires that Council, within 60 days
from the commencement of the vacancy (delivery of this
email to you), either fill the vacancy by appointment or call a special election to fill the vacancy. Details
concerning the two options are identified below:

Fill the Vacancy by Appointment
The Council can appoint a San Clemente registered voter to fill the vacancy in the office of City Clerk. The
Council may establish a formal recruitment/interview
process leading up to an appointment, and may also opt
687
not to have a formal process. That is up to the Council.

The only requirement is that the appointment be made
within 60 days of the vacancy. The person appointed will serve the remainder of the unexpired term of the former incumbent (i.e., until November 2024). If the measure
on the November 8, 2022 ballot that proposes to make
the office of City Clerk appointive should pass (Measure U), the person that the Council appoints to fill the
vacancy will continue to serve out the term of the former incumbent. If a later vacancy in the office occurs after the effective date of Measure U, the vacancy could only be filled by appointment.

Call a Special Election
The Council can also call a special election to be held on the “next regularly established election date” under State law occurring not less than 114 days from the call of the special election. Under State Government and Elections
Codes, the next such date is March 7, 2023, provided the Council calls the election by no later than Sunday,
November 13, 2022. Under the 114-day rule, if the
Council were to call the special election at a later
meeting, the special election would move to the next date provided by State law, which is November 7, 2023. The
Council may appoint or call a special election at a
regular or special Council meeting held for this purpose.

If Council calls a special election, it does not have the ability under State law or the Municipal Code to appoint an interim City Clerk to serve until the special election is held. The seat would remain vacant until filled by the
special election. The person elected to fill a vacancy
holds office for the unexpired term of the former
incumbent. Since the vacancy and calling of the special election would predate the potential effective date of
Measure U (late December, 2022), if the Council calls a special election and Measure U should pass, the special election will remain on the March 7, 2023 or November
7, 2023 ballot to fill the office. The Registrar of Voters’ Office estimates the cost of a special vacancy election on either date in 2023 to be approximately $322,722 -
$377,435.

If you have any questions, please contact me
individually. For Brown Act purposes, please do not
Reply All.

Sincerely,
Joanne Baade – San Clemente City Clerk
688
From: Baade, Joanne
To: Campagnolo, Laura
Subject: City Treasurer Resignation
Date: Wednesday, October 5, 2022 11:13:35 AM
Attachments: Outlook-2hj2vvxz.png
From: Baade, Joanne
Sent: Monday, October 3, 2022 1:12 PM
To: James, Gene <[email protected]>; Duncan, Chris <[email protected]>; Ferguson, Laura <[email protected]>; Knoblock, Steve <[email protected]>; Ward, Kathy <[email protected]>
Cc: Joyce, Sean <[email protected]>; Scott Smith <[email protected]>; Campagnolo, Laura <[email protected]>; Taylor, Mark <[email protected]> Subject: City Treasurer Resignation
Councilmembers:

Below is an email that I received from Mark Taylor. This email conveys Mr. Taylor’s resignation from his elected office of City Treasurer to become effective in 60 days or upon appointment of his successor, whichever occurs first. Council has 60 days in which to either appoint a San Clemente registered voter to fill the remainder of Mr. Taylor’s term (which is due to expire in November 2024), or to call a special election to fill the vacancy for the remainder of the term. The regulations that I explained in my resignation email on October 1st are the same for the elected office of City Treasurer.

Please let me know if you have questions, but for Brown Act purposes, please do not Reply All.

Thank you,
Joanne Baade - City Clerk
Sent from my iPhone
Begin forwarded message:

From: "Taylor, Mark" <[email protected]>
Date: October 3, 2022 at 11:58:13 AM PDT
To: "Baade, Joanne" <[email protected]>
Subject: Fw: Letter of Resignation
October 2, 2022
To: Joanne Baade, City Clerk
Dear Joanne,
689
Let this email serve as my formal notice to resign my position as City Treasurer for the City of San Clemente.

Effective Date: 60 days from today, or until Council appoints a new City Treasurer, if sooner.

It has been my pleasure and honor to serve the citizens of San Clemente in my role as City Treasurer since being appointed on March 19, 2013. I will be available to train or answer questions for the new Treasurer and/or City staff anytime in the future.

Kind regards,
Mark
Mark A. Taylor, CFP®
San Clemente City Treasurer
949.369.2525 w
949.412.5081 m
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: B.

Department: Public Works
Prepared By: Kiel Koger, Public Works Director/City Engineer Subject:

UPDATE OF TREE CITY USA APPLICATION AND CITY TREE POLICY Fiscal Impact:

None at this time.

Summary:

Staff will submit an application for designation as a “Tree City USA” this month. There are four criteria that the City must meet to be eligible for this designation granted by the Arbor Day Foundation, which includes:

1. Maintain a tree board or department

2. Have a city tree ordinance

3. Spend at least $2 per capita on urban forestry annually

4. Celebrate Arbor Day
The City is in compliance with these criteria and will be required to stay compliant in order to receive the annual designation going forward.

City Council requested staff update the City Tree Policy, as the existing policy is over 20 years old.

Staff has been working with a consultant and a draft policy is almost completed. The next step is to schedule two public meetings in order to obtain community input. Once community input is received and the policy is revised as needed, staff will bring the policy back to the City Council for discussion.

The policy will incorporate tree maintenance standards per the American National Standards Institute and International Society of Arboriculture’s best management practices. It will address issues such as maintenance of city owned trees, trimming public trees for private views, procedures for tree removals and inventories. It will also address future goals such as the development of an Urban Forest Management Plan, assessment of the Urban Tree Canopy, future planting programs and the frequency of trim cycles to enhance the existing urban forest.

Plan and Policy Consistency:

The action is consistent with the following General Plan Goals and Policies:
· Natural Resources - Restore and protect natural resources so that they continue to enhance our community and identify and provide environmental, aesthetic, economic, and health benefits.
· Air Quality - Reduce levels of air pollution and greenhouse gas emissions so that the City CITY OF SAN CLEMENTE Page 1 of 2 Printed on 10/12/2022
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· Air Quality - Reduce levels of air pollution and greenhouse gas emissions so that the City meets or exceeds regional, State, and Federal mandates. · Policy NR-5.07. Street Trees. We maintain a healthy stock of park, public area and street trees and encourage the planting of trees with significant canopies that provide numerous benefits, including reduced urban heat gain, natural shading and wind screening, air filtration, and oxygen production.

Council Strategy:

The action is consistent with Council Strategy 3 - Update and maintain infrastructure that reflects best available technology and service.

Recommended Actions:

Staff Recommendation
That the City Council receive and file the administrative report dated October 18, 2022.

Attachment:

None
Notification:

None
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: C.

Department: Community Development
Prepared By: Adam Atamian, Deputy Director of Community Development and Jennifer Savage, Assistant to the City Manager
Subject:

UPDATE RELATED TO THE PUBLIC SAFETY COMMITTEE’S E-BICYCLE / TRAFFIC SAFETY

WORK PLAN PROJECT
Fiscal Impact:

None to receive and file the report.

Summary:

This item provides an update on the Public Safety Committee’s work related to e-bikes.

Background:

On November 16, 2021, the City Council approved the Public Safety Committee’s work plan that included a project for E-Bicycle / Traffic Safety (Attachment 1).

On September 20, 2022, the City Council reviewed a report identifying action taken by San Clemente regarding e-bike safety (Attachment 2). Also on September 20, 2022, City Council requested that the Public Safety Committee present the Committee’s work on e-bike safety and action taken by other municipalities on October 18, 2022.

Discussion:

A Public Safety Committee representative will be present at the October 18, 2022 City Council meeting to present their work. The representative will also update Council on actions taken by other municipalities.

Plan and Policy Consistency:

The action is consistent with the General Plan Goals and Policies including:
· Policy M-2.29. Safety Awareness. We encourage and support the creation of comprehensive safety awareness programs for pedestrians, skateboards, cyclists, and drivers. · Policy M-3.05. Safety Awareness Program. We encourage and assign high priority to the creation of a comprehensive safety awareness program for pedestrians, skateboarders, cyclists, and motorists which addresses proper riding behavior, wearing helmets, using lights, and other issues as appropriate.
· Policy G. 1.13. Continuing Education. We value and encourage continuing education for elected and appointed officials and staff in the areas of ethics, best governance practices and CITY OF SAN CLEMENTE Page 1 of 2 Printed on 10/13/2022
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trends, fiscal health, and risk management.

Council Strategy:

The action is consistent with Council Strategy 2 - Grow resident confidence and value in City services and operations - in that the action will provide an update on the City’s efforts to ensure e-bike safety.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council receive and file the administrative report, dated October 18, 2022 and on file with the City Clerk.

Attachment:

1. November 16, 2021 City Council Agenda Report with the Public Safety Committee’s Work Plan

2. September 20, 2022 City Council Agenda Report with San Clemente Bicycle Safety Efforts Notification:

Public Safety Committee
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 10/13/2022
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio,
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 9/20/2022 Agenda Item:10B
Department: City Manager
Prepared By: Jennifer Savage, Assistant to the City Manager Subject:

CARLSBAD EMERGENCY ORDER FOR E-BIKES
Fiscal Impact:

None to receive and file this report.

Summary:

This report presents the City of Carlsbad Emergency Order for E-Bikes and provides an overview of City of San Clemente efforts regarding e-bike safety.

Background:

On September 6, 2022, the City Council requested review of the Carlsbad Emergency Order for EBikes. City Council also asked about bike lanes on Pico Avenue, near the high school, and about the Public Safety Committee’s efforts regarding e-bikes. This report presents the City of Carlsbad Emergency Order for E-Bikes; summarizes the City of San Clemente’s efforts for e-bike safety education, planning and construction of bike lanes, and implementation of bicycle regulations; describes the Public Safety Committee’s work regarding e-bike safety; and discusses next steps.

Discussion:

Carlsbad’s Emergency Order. In April 2022, the City of Carlsbad adopted a municipal code update regarding the operation of regulated mobility devices to enable enforcement of safe and considerate use of e-bikes, scooters and similar modes of transportation. The new regulations became effective May 5, 2022 (Attachment 1). On August 23, 2022, the City of Carlsbad’s City Manager/Director of Emergency Services declared a local state of emergency for bike, e-bike, and traffic safety (Attachment 2).

On August 30, 2022, the City Council ratified the declaration and approved a $2,000,000 appropriation from unspent City of Carlsbad funds from the previous fiscal year (Attachment 3). The emergency proclamation requires City Council review every 60 days until the proclamation’s termination. This appropriation would overstaff sworn Carlsbad officers by four full-time equivalents for the remaining fiscal year, and provide additional overtime for enforcement efforts. The City of Carlsbad will consider a comprehensive plan to address the matter at its September 27, 2022 City Council meeting.

San Clemente’s Regulations. The City of San Clemente’s Municipal Code requires bicycle operators to obey traffic laws. In January 2022, City Council approved a prohibition of e-bikes on the beach trail. In addition, the City is working on an ordinance to regulate bicycles on sidewalks, which CITY OF SAN CLEMENTE Page 1 of 4 Printed on 9/13/2022
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Meeting Date: 9/20/2022 Agenda Item: 10B
will come before Council in approximately Spring 2023.

San Clemente’s E-Bike Safety Education. The City’s educational efforts regarding e-bikes and safety include:
· Bike Safety Rodeo. This event was most recently held in May 2021 and May 2022. The Bike Safety Rodeo, intended for ages 17 and under, coincides with Bike Safety Month (May) to spread bike safety awareness within the San Clemente community. The Beaches, Parks and Recreation Department (BPR) coordinates with the Orange County Sherriff’s Department (OCSD) and Orange County Fire Authority (OCFA), and invites local e-bike and bike vendors and groups. This event provides a physical bike course that emulates a mini city for participants to practice their bike riding skills and receive guidance from OCSD. · OCSD / Marine Safety. In January 2022, City Council approved a prohibition of e-bikes on the beach trail. Beginning in 2022, OCSD and Marine Safety began educating the public of the limitation. In March 2022, the Cones with Cops and Lifeguards focused on ocean safety and e-bike safety. Enforcement of the beach trail e-bike prohibition began on 2022 Memorial Day weekend. On June 18, OCSD and Marine Safety issued warnings to further educate the public.
· Marketing and Social Media. Marine Safety and BPR continue to inform the public of the beach trail rules and e-bike safety. Messaging includes a May 2022 Marine Safety Public Service Announcement (PSA) video posted on social media and the City’s website; daily beach announcements on the beach trail and pier three times a day; bike safety tips posted on social media; educating junior guards about bike safety and beach trail rules. The City published a new e-bike PSA the week of September 12, 2022, which was created in collaboration with Chad and JT.
· Elementary School Outreach. Every spring, Marine Safety educates third, fourth, and fifth graders about ocean safety and bicycle rules.
· Laurie Davies’ Bike Safety Event. BPR represented the City of San Clemente at this event held in May 2022. BPR provided bike safety materials, Bike Rodeo flyers, and trail maps.

San Clemente’s Bike Lanes. In December 2020, City Council approved a contract for project design for bike lanes on Avenida Pico. The project includes two phases:
· Phase 1 studies the addition of a separated Class 1 off-street bicycle/pedestrian path from Calle Frontera to Camino Vera Cruz. The design may include retaining walls and signage, and will consider impacts to existing improvements, monument signage, landscaping, trees, and other technical and safety factors.
· Phase 2 studies the addition of Class 2 bike lanes on Avenida Pico from I-5 to Calle Frontera.

The design will consider traffic safety impacts, the number of traffic lanes impacted, relationship to high school traffic, and other technical and safety factors. Class 2 bike lanes would likely require the loss of travel lane(s) on Avenida Pico and, therefore, thorough traffic analysis is necessary to understand the implications associated with such modifications. Staff anticipates requesting a contract revision at an October 2022 City Council meeting to CITY OF SAN CLEMENTE Page 2 of 4 Printed on 9/13/2022
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anticipates requesting a contract revision at an October 2022 City Council meeting to accommodate thorough traffic analysis.

It should be noted that County approval is required because Avenida Pico is an arterial street included in the County’s Master Plan of Arterial Highways. City staff anticipate presenting a design to City Council in Fall 2023.

San Clemente Public Safety Committee (PSC). On November 16, 2021, Council approved the PSC’s work plan, which included an E-Bicycle/Traffic Safety project. The PSC began work on the EBicycle/Traffic Safety Project in December 2021 and is in process of investigating the topic. The purpose, goals and deliverables of project state, “In the past year, both the OCSD and OCFA have reported a significant increase in the regional number of accidents, injuries, and fatalities involving ebicycles. In an effort to address these issues, the Committee will compile bicycle traffic data as it becomes available. The Committee will coordinate with the OCSD, OCFA, and the City’s Park Ranger Division in order to identify any measures the City could take to help mitigate these occurrences. The committee will forward any recommendations for review to the City Council.” City staff anticipate the project will be recommended for inclusion in the upcoming PSC FY 22-23 Annual Work Plan to allow completion of the project. The PSC’s next meeting is scheduled for September 27, 2022.

Next Steps. City staff will continue to address e-bikes and e-bike safety, including the following activities:
· Ongoing. The City of San Clemente will continue to market and promote educational opportunities and PSAs regarding e-bikes and e-bike safety. · Ongoing. OCSD and Marine Safety will continue to educate the public and enforce regulations.
· October 2022. The PSC will make a special presentation to the City Council on October 18, 2022, which follows the PSC September 27, 2022 meeting. · Spring 2023. The City will present an ordinance regarding operation of bicycles on sidewalks to the City Council in Spring 2023.
· Fall 2023. The Engineering Division will present a design for bike lanes on Avenida Pico to the City Council at the end of 2023.

Plan and Policy Consistency:

The activities described above are consistent with the General Plan including, but not limited to, the following Goals and Policies:
· Policy LU-14.05. Bike and Pedestrian Environment. We provide a high quality bicycle and pedestrian environment with “living street” designs, consistent landscaping, lighting, sidewalks, traffic calming measures, bikeways and trails, consistent with the Bicycle and Pedestrian Master Plan, Tree Ordinance and Design Guidelines.
· Policy LU-14.06. Transportation Improvements. We support transportation improvements in the area that enhance the safety, convenience and appearance of bicycle and pedestrian facilities and that minimize adverse impacts on adjacent neighborhood streets and parking, pursuant to the Mobility Element and Bicycle and Pedestrian Master Plan. · Policy M-1.20. Street Redesign. We seek opportunities to redesign streets so that they are compatible with the surrounding neighborhood context and the Community’s vision of the future, and only consider street widening or intersection expansions after considering multi-modal CITY OF SAN CLEMENTE Page 3 of 4 Printed on 9/13/2022
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and only consider street widening or intersection expansions after considering multi-modal alternative improvements to non-automotive facilities.
· Policy M-2.15. Bicycle-Friendly Infrastructure. We shall employ bicycle-friendly infrastructure design using new technologies and innovative treatments, where necessary to improve bicyclists’ safety and convenience.
· Policy M-2.29. Safety Awareness. We encourage and support the creation of comprehensive safety awareness programs for pedestrians, skateboards, cyclists and drivers. · Policy M-2.30. Improvements along Bicycle and Pedestrian Routes. We improve and maintain alternative transportation infrastructure and assign a high priority to improvements along primary pedestrian and bicycle routes to schools.
· Policy M-2.36 Active Transportation Linkages to Schools. We assign high priority to the improvement and maintenance of active transportation infrastructure within one half mile of San Clemente schools.

Council Strategy:

None.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council receive and file the Administrative Report, dated September 20, 2022, and on file with the City Clerk.

Attachment:

1. Carlsbad Operation of Regulated Mobility Devices Ordinance

2. Carlsbad Local State of Emergency

3. Carlsbad Ratification and Appropriation Staff Report, August 30, 2022 Notification:

Public Safety Committee
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Chapter 10.56

OPERATION OF REGULATED MOBILITY DEVICES
Sections:

10.56.010 Definitions.

10.56.020 Operation of regulated mobility device.

10.56.030 Enforcement.

10.56.040 Exemptions.

10.56.050 Severability.

10.56.010 Definitions.
“Bicycle” has the same meaning as in California Vehicle Code Section 231, as it may be amended from time to time.
“Electric bicycle” has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time.
“Electric personal assistive mobility device” has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time.
“Electrically motorized boards” has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time.
“Low speed vehicle” has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time.
“Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time.
“Operator” means a person who owns, operates, and/or controls a regulated mobility device. “Public area” means any outdoor area that is open to the members of the public for public use, whether owned or operated by the city or a private party. “Regulated mobility device” means bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices, or other similar vehicles.
“Rider” means a traveler riding in or on a regulated mobility device who is not operating it. “Shared mobility device” has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time.
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“Vehicle” has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.

10.56.020 Operation of regulated mobility devices.

A. Prohibition of regulated mobility devices where posted.

It is prohibited to operate or ride on a regulated mobility device in public areas where such prohibition is posted by signs or as otherwise set forth in this ordinance. A list of public locations where regulated mobility devices are prohibited shall be on file in the city clerk’s office. The list may be amended from time to time by resolution of the city council.

B. No operating or riding on sidewalks and public facilities.

No person shall operate or ride a regulated mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city.

C. Duty to operate with due care, reduce speed.

1. The operator of a regulated mobility device shall exercise all due care and shall reduce the speed of the device, obey all traffic control devices, and take all other action relating to operation of the device as necessary to safeguard the safety of the operator, passengers, and any persons or other vehicles or devices in the immediate area. It shall also be unlawful to transport any other person upon the bar, handle bars, floorboard or other area of regulated mobility device not designed for passenger riding or designed for a single person, or cling to or attach oneself or one’s regulated mobility device with an operator or rider on board to any moving vehicle or motorized or non-motorized wheeled device.

2. Persons operating or riding a regulated mobility device on a city trail must dismount the regulated mobility device where the trail width is less than 5 feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device.

10.56.030 Enforcement.

In lieu of a fine or administrative citation as authorized by this code, and in lieu of filing charges in any court having jurisdiction over a violation, the police chief or designee may allow a violator of this chapter to complete a police department provided safety course for regulated mobility devices.
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10.56.040 Exemptions.

A. Public agency personnel.

Notwithstanding any other provision of this chapter, or any other section of this code, city and public agency personnel may operate regulated mobility devices or other vehicles at any place in the city in the performance of their official duties.

B. Disability.

This chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.).

10.56.050 Severability.

If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. 7107
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Meeting Date: Aug. 30, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Geoff Patnoe, Assistant City Manager
[email protected] 442-339-2820
Subject: Ratification of a Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety Local Emergency
Districts: All
Recommended Action
Adopt a resolution:
• Ratifying the Aug. 23, 2022, Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety Local Emergency in the City of Carlsbad, California • Authorizing the Deputy City Manager of Administrative Services to appropriate $2 million from unspent funds from the fiscal year 2021-22 General Fund budget to support the city’s coordinated efforts to increase attention and resources on a range of solutions including infrastructure, safety, enforcement, and safe driving and riding education Executive Summary
Carlsbad’s City Manager/Director of Emergency Services proclaimed a state of local emergency1 on Aug. 23, 2022, in response to a more than 200% increase in collisions involving bikes and ebikes since 2019, including two fatalities since Aug. 7, 2022. The proclamation is intended to immediately increase attention and resources on a range of solutions including infrastructure, safety, enforcement and safe driving and riding education.

Upon proclaiming the local emergency, the City Manager authorized the redeployment of resources from the city’s police, fire, transportation and communication departments to develop a comprehensive plan to address the emergency and actions that can be implemented immediately. This report requests funding to support immediate actions.

Staff are requesting authorization and funding to overstaff sworn positions by the equivalent of four fulltime positions for the remaining months of the fiscal year to expand enforcement. In addition, staff are requesting funding for overtime for additional enforcement efforts and to 1 California Government Code Section 8630, and the City of Carlsbad’s Emergency Services Ordinance, including Carlsbad Municipal Code Section 6.04.100(A)(1), empower the City Manager, as the City of Carlsbad’s Director of Emergency Services, to proclaim the existence of a local emergency, subject to ratification by the City Council when there exists, or there is threatened to exist, conditions of extreme peril to safety of persons and property within the City of Carlsbad.

Aug. 30, 2022 Item #12 Page 1 of 13
CA Review CM/RK
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provide officer training to those who will in turn facilitate education and outreach to the community.

Staff will present a proposed comprehensive plan to City Council for consideration on Sept. 27, 2022.

Discussion
Overview
The exponential increase in e-bikes and cycling in general, around Carlsbad has led to a corresponding increase in collisions, including two tragic deaths in the last month. E-bikes have been a main focus of community concerns, but not the only focus. The emergency proclamation includes bikes, e-bikes and other motorized mobility devices.

From circulation to mobility
Much of Carlsbad’s transportation system has developed within the last 40 years, concurrent with the city’s physical expansion. Transportation planning from the 1980s to 2015 was focused on improving car travel, with an emphasis on mitigating traffic congestion and delays. The city’s Growth Management Program established standards for roadway level of service, requiring developers to fund roadways expansions as needed to accommodate new residents.

The 1994 General Plan and the Growth Management Plan helped assure that infrastructure was provided in a systematic fashion as the city grew and developed. The transportation system envisioned in the 1994 General Plan has largely been realized, with the majority of the street infrastructure constructed to its ultimate configuration.

In 2015, the City Council approved an updated General Plan. The Mobility Element of the updated plan sets out a new policy vision for moving people around Carlsbad rather than just cars. This new vision reflects the city’s current stage of life as well as environmental and cultural trends.

For example, as the city looks increasingly to infill development rather than outward expansion, the primary transportation issues relate to protecting and enhancing the community’s quality of life, as reflected in the core values of the Carlsbad Community Vision. The community’s vision includes better pedestrian and bicycle connections between neighborhoods, destinations, and different parts of the community, and a balanced transportation system rather than a singular focus on automobile travel.

About e-bikes
E-bikes and other newer modes of travel can be a very positive addition to transportation choices available to the community. E-bikes make bike riding much more accessible, especially on Carlsbad’s hilly streets and for longer distances that may be otherwise too challenging for riders. They are environmentally friendly and support the city’s Climate Action Plan goals to reduce greenhouse gas emissions.

Because a driver’s license is not required to operate an e-bike in the state of California, and ebikes can travel up to 28 mph, many riders lack the knowledge and maturity needed to ride safely. The city has received many complaints related to reckless riding, and the city has worked with local schools to host educational workshops for students and parents, as well as other strategies to address this concern.

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City actions to date
The City of Carlsbad has initiated several programs and actions in recent years to address traffic safety concerns and overall mobility in our community.

Infrastructure improvements
In January 2021, the City Council approved the Sustainable Mobility Plan, an overarching strategy that includes expanding sidewalks and bike lanes while slowing down cars on streets throughout Carlsbad. The city’s traffic engineers have completed several of these projects and have more in the planning stages. In June 2022, the City Council directed staff to further expedite streets projects in the current fiscal year’s budget. However, with hundreds of miles of city roads, it will still take many years to complete the projects in the plan.

The city has also recently completed 10 residential traffic safety projects, which include working with specific neighborhoods to determine the best options to slow down traffic. Solutions often include installing speed “cushions,” new signs, traffic circles and curb extensions. City staff are planning 11 more neighborhood safety projects in the year ahead.

Public awareness and education
Beginning in 2021, the city launched an e-bike safety public awareness campaign with public service announcement videos, fliers and social media. Other efforts have included:
• Partnering with local schools to put on e-bike educational workshops for students and parents
• Partnering with mobility organizations to promote bike and e-bike safety workshops • Deploying electronic speed sign and electronic message boards from December 2021 to August 2022
o Speed signs installed at 23 locations throughout the city in response to traffic related complaints
o Message board used at five locations throughout the city in response to trafficrelated complaints Stricter laws
In April 2022, Carlsbad became the only city in the region to pass specific rules for e-bike riders and users of other motorized mobility devices (Exhibit 2). This provides Carlsbad police officers with more enforcement options, including a diversion program in which minors have the option to complete an e-bike safety course after their first offense.

Enforcement
The City of Carlsbad Police Department has increased enforcement to improve traffic safety, including e-bike safety. This includes:
• Conducting interagency enforcement surge on June 22, 2022, resulting in 240 citations including violations of e-bike rules
• Dedicating a school resource officer to e-bike safety in the Village for the summer 2022 school break
• Through a California Office of Traffic Safety grant:
o 2022 - Conducted five distracted driving details and seven bicycle safety details Aug. 30, 2022 Item #12 Page 3 of 13
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o 2021 - Conducted two bicycle enforcement details and two pedestrian enforcement details
o 2020 - Conducted three bicycle safety operations, three distracted driver operations, as well as three operations that focused on both pedestrian and bicycle safety operations
About the emergency proclamation
The California Emergency Services Act allows cities to proclaim a local state of emergency when needed to protect public safety in extreme circumstances. Carlsbad’s emergency proclamation went into effect immediately and was placed on the Aug. 30, 2022, meeting agenda so the City Council could consider whether or not to ratify the proclamation. If ratified, the emergency proclamation will then need to be reviewed by the City Council no less frequently than every 60 days until the City Council ends it.

Since the Aug. 23, 2022, emergency proclamation, the City Manager directed several immediate actions:

Procurement and resourcing
• Redeployed resources from the city’s police, fire, transportation and communication departments to develop a comprehensive plan to address the emergency and actions that can be implemented immediately
• Identified initial funding needed to support the actions necessary to address the emergency
Public awareness, education and enforcement
• Identified high collision and high traffic areas and deployed speed feedback signs and electronic messaging boards to remind motorists of the importance of roadway safety • Deployed electronic messaging boards to remind motorists of the importance of roadway safety
• Sent information about emergency proclamation and traffic safety behaviors to 80,026 email addresses, with a 61% open rate
• Shared urgency of traffic safety issue and city’s emergency proclamation with local media, resulting in coverage from all local TV, radio and print outlets • Coordinated with school districts and private schools in Carlsbad to share traffic safety messages in coordination with back to school
• Shared traffic safety messages through the city’s social media channels • Began development of an enhanced public education campaign Infrastructure
• Expedited execution of contracts and agreements to secure additional speed feedback signs and electronic messaging boards
• Accelerated current capital improvement projects that include green bicycle lane treatments and initiated another project for additional green bicycle lane treatments in high-collision areas in the city
Fiscal Analysis
Staff are requesting City Council approval to appropriate up to $2 million from the city’s unspent fiscal year 2021-22 General Fund budget to be used to support the city’s coordinated Aug. 30, 2022 Item #12 Page 4 of 13
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efforts to increase attention and resources on a short-term range of solutions including infrastructure, safety, enforcement and a focus on safe driving behavior education. The following are estimated costs that have been identified by staff:

Action Amount
Overstaff Police Dept. sworn positions by four additional full-time officers $535,000 Police Dept. overtime for training and enforcement $100,000 Procure additional speed feedback signs and electronic messaging boards $250,000 Activities such as infrastructure, enforcement and safe driving behavior education $1,115,000 Total $2,000,000
Next Steps
Staff will continue to expedite measures to address roadway safety. A report with additional activities for City Council’s consideration will be presented on Sept. 27, 2022.

Environmental Evaluation
The allocation of funding for anticipated actions intended to mitigate the emergency, which includes infrastructure and safety improvements, and education and enforcement efforts focusing on safe driving behavior are a Class 1 categorical exemption under CEQA Guidelines Section 15301 - Existing Facilities. Specifically, Section 15301(c) exempts existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees and other similar alterations that do not create additional automobile lanes.

The anticipated improvements to the city’s existing mobility network under this action will improve public safety and address the critical issues raised in the emergency declaration.

Actions are anticipated to involve negligible expansion of the current facilities and infrastructure beyond existing and will not result in additional automobile lanes. The actions are not expected to increase vehicular use of the roadway, will occur within the existing public right-of-way, and will not change the overall facility use of the mobility network. No exception to the exemption as sets forth in CEQA Guidelines Section 15300.2 applies.

For the reasons stated above, the action is categorically exempt from CEQA under CEQA Guidelines Section 15304(e), which applies to the minor temporary use of land having negligible or no permanent effects on the environment, and CEQA Guidelines Section 15304(h), which covers the creation of bicycle lanes on existing rights-of-way.

Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date.

Exhibits

1. City Council resolution

2. Carlsbad Municipal Code Chapter 10.56 – Operation of Regulated Mobility Devices Aug. 30, 2022 Item #12 Page 5 of 13
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Exhibit 1
RESOLUTION NO.                   .

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING THE PROCLAMATION OF BICYCLE, E‐BICYCLE

AND MOTORIZED MOBILITY DEVICE SAFETY LOCAL EMERGENCY IN THE CITY OF CARLSBAD, CALIFORNIA DATED AUG. 23, 2022, BY THE DIRECTOR OF EMERGENCY SERVICES; AND, AUTHORIZING THE DEPUTY CITY MANAGER OF ADMINISTRATIVE SERVICES TO APPROPRIATE $2 MILLION FROM UNSPENT FUNDS FROM THE FISCAL YEAR 2021‐2022 GENERAL FUND BUDGET TO SUPPORT THE CITY’S COORDINATED EFFORTS TO

INCREASE ATTENTION AND RESOURCES ON A RANGE OF SOLUTIONS

INCLUDING INFRASTRUCTURE, SAFETY, ENFORCEMENT AND SAFE

DRIVING AND RIDING EDUCATION
WHEREAS, on Aug. 23, 2022, the Carlsbad City Manager/Director of Emergency Services proclaimed a state of local emergency in response to an alarming increase (233%) in collisionsinvolving bikes and e‐bikes since 2019; and
WHEREAS, the Director of Emergency Services found:

1. Conditions or threatened conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by the increased prevalence of e‐bicycles (e‐ bikes), other similar electric or motorized mobility devices, and traditional bicycles on city streets, which has led to increased collisions resulting in injury or death.

2. In 2019 there were 30 collisions involving bicycles or e‐bikes reported in Carlsbad.

3. In 2020 there were 62 collisions involving bicycles or e‐bikes reported in Carlsbad.

4. In 2021 there were 100 collisions involving bicycles or e‐bikes reported in Carlsbad.

5. To date in 2022, 57 collisions involving bicycles or e‐bikes were reported in Carlsbad.

6. U.S. traffic fatalities began climbing in 2020 and the deadly trend is continuing.

7. According to estimates by the National Highway Traffic Safety Administration, U.S. roadway deaths rose 10.5% in 2021 and an additional 7% during the first three months in 2022, the highest number for the first quarter in two decades.

8. The increase in deaths is due to speeding, impaired or distracted driving and other reckless behavior.

9. E‐bikes are faster and heavier than traditional bicycles and e‐bike injuries are more likely to be more severe and require hospitalization than traditional bicycle injuries.

10. E‐bikes and similar electric or motorized mobility devices are increasingly used by school age children to go to and from school and for other activities on local streets.

11. Schools in the Carlsbad Unified School District opened on August 24, 2022, joining the other schools in Carlsbad and additional education facilities in the region that have already Aug. 30, 2022 Item #12 Page 6 of 13
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opened or will be opening in the coming days, causing increased traffic on local streets and the potential for additional bicycle, e‐bike or other vehicular collisions.

12. To counter the increasing number of bicycle or e‐bike collisions, the Carlsbad Police Department increased enforcement and education efforts and, in April 2022, the city adopted an ordinance regulating mobility devices, including e‐bikes.

13. On June 22, 2022, the Carlsbad Police Department hosted an interagency traffic enforcement day in Carlsbad where 240 traffic citations were issued.

14. Despite these efforts, the city continues to experience e‐bike or bicycle collisions with vehicles, including two fatal collisions occurring within the past 17 days.

15. The city needs to continue these efforts and proactively seek out and implement additional measures to reduce the number of collisions involving bicycles or e‐bikes while also educating the residents of Carlsbad about the dangers of impaired or distracted driving on our local streets and roads.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:

1. That the above recitations are true and correct.

2. The Proclamation of Local Emergency issued by the Director of Emergency Services is ratified (Attachment A) and the City Council adopts the findings and determinations made by the Director of Emergency Services in Support of the Proclamation.

3. The Proclamation of Local Emergency is extended and shall expire on Oct. 22, 2022, at 5 p.m., unless otherwise lawfully extended, or terminated earlier by the City Council.

4. That the Director of Emergency Services, or a designee, is directed and authorized to address any and all impacts and conditions caused by the emergency and to obtain any and all aid and assistance from local, county, state, or federal agencies, including but not limited to aid and assistance pursuant to the California Disaster Assistance Act, California Government Code Section 8690 et. Seq.

5. That the City Manager and Purchasing Officer, as a result of this Resolution ratifying the Proclamation of Local Emergency, are authorized to make purchases of supplies, equipment, or contractual services in the open market at the lowest obtainable price as set forth in and in compliance with Carlsbad Municipal Code Sections 3.28.110 (A) and, where appropriate, 3.28.120.

6. That the Deputy City Manager of Administrative Services is authorized to encumber $2 million from the Fiscal Year 2021‐22 General Fund balance to support the City’s coordinated Aug. 30, 2022 Item #12 Page 7 of 13
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efforts to increase attention and resources on a range of solutions including infrastructure, safety, enforcement and a focus on safe driving behavior education.

PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2022, by the following vote, to wit:

AYES:

NAYS:

ABSENT:
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager

(SEAL)
Aug. 30, 2022 Item #12 Page 8 of 13
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PROCLAMATION OF BICYCLE, E-BICYCLE AND

MOTORIZED MOBILITY DEVICE SAFETY LOCAL EMERGENCY

IN THE CITY OF CARLSBAD, CALIFORNIA
WHEREAS, the California Emergency Services Act, including California Government Code Section 8630, and the City of Carlsbad’s Emergency Services Ordinance, including Carlsbad Municipal Code Section 6.04.100(A)(1), empower the City Manager, as the City of Carlsbad’s Director of Emergency Services, to proclaim the existence of a local emergency, subject to ratification by the City Council, when there exists, or there is threatened to exist, conditions of extreme peril to safety of persons and property within the City of Carlsbad.

WHEREAS, the Director of Emergency Services finds:

1. Conditions or threatened conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by the increased prevalence of e-bicycles (e-bikes), other similar electric or motorized mobility devices, and traditional bicycles on city streets, which has led to increased collisions resulting in injury or death.

2. In 2019 there were 30 collisions involving bicycles or e-bikes reported in Carlsbad.

3. In 2020 there were 62 collisions involving bicycles or e-bikes reported in Carlsbad.

4. In 2021 there were 100 collisions involving bicycles or e-bikes reported in Carlsbad.

5. To date in 2022, 57 collisions involving bicycles or e-bikes were reported in Carlsbad.

6. U.S. traffic fatalities began climbing in 2020 and the deadly trend is continuing.

7. According to estimates by the National Highway Traffic Safety Administration, U.S. roadway deaths rose 10.5% in 2021 and an additional 7% during the first three months in 2022, the highest number for the first quarter in two decades.

8. The increase in deaths is due to speeding, impaired or distracted driving and other reckless behavior.

9. E-bikes are faster and heavier than traditional bicycles and e-bike injuries are more likely to be more severe and require hospitalization than traditional bicycle injuries.

10. E-bikes and similar electric or motorized mobility devices are increasingly used by school age children to go to and from school and for other activities on local streets.

11. Schools in the Carlsbad Unified School District will be opening on August 24, 2022, joining the other schools in Carlsbad and additional education facilities Attachment A
Aug. 30, 2022 Item #12 Page 9 of 13
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Aug. 30, 2022 Item #12 Page 10 of 13
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8/23/22, 1:55 PM Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES https://library.qcode.us/lib/carlsbad_ca/pub/municipal_code/item/title_10-chapter_10_56?view=all 1/3 Carlsbad, California Municipal Code
Title 10 VEHICLES AND TRAFFIC
Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES

10.56.010 Definitions.

10.56.020 Operation of regulated mobility devices.

10.56.030 Enforcement.

10.56.040 Exemptions.

10.56.050 Severability.

10.56.010 Definitions.
“Bicycle” has the same meaning as in California Vehicle Code Section 231, as it may be amended from time to time.
“Electric bicycle” has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time.
“Electric personal assistive mobility device” has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time.
“Electrically motorized boards” has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time.
“Low speed vehicle” has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time.
“Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time.
“Operator” means a person who owns, operates, and/or controls a regulated mobility device. “Public area” means any outdoor area that is open to the members of the public for public use, whether owned or operated by the city or a private party.
“Regulated mobility device” means a bicycle, electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, shared mobility device, and any other similar vehicle.

Exhibit 2
Aug. 30, 2022 Item #12 Page 11 of 13
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8/23/22, 1:55 PM Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES https://library.qcode.us/lib/carlsbad_ca/pub/municipal_code/item/title_10-chapter_10_56?view=all 2/3 “Rider” means a traveler riding in or on a regulated mobility device who is not operating it. “Shared mobility device” has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time.
“Vehicle” has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time. (Ord. CS-419 § 2, 2022)

10.56.020 Operation of regulated mobility devices.

A. Prohibition of Regulated Mobility Devices Where Posted. It is prohibited to operate or ride on a regulated mobility device in public areas where such prohibition is posted by signs or as otherwise set forth in this chapter. A list of public locations where regulated mobility devices are prohibited shall be on file in the city clerk’s office. The list may be amended from time to time by resolution of the city council.

B. No Operating or Riding on Sidewalks and Public Facilities. No person shall operate or ride a regulated mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city.

C. Duty to Operate with Due Care, Reduce Speed.

1. The operator of a regulated mobility device shall exercise all due care and shall reduce the speed of the device, obey all traffic control devices, and take all other action relating to operation of the device as necessary to safeguard the operator, passengers, and any persons or other vehicles or devices in the immediate area. It shall also be unlawful to transport any other person upon the bar, handle bars, floorboard or other area of regulated mobility device not designed for passenger riding or designed for a single person, or cling to or attach oneself or one’s regulated mobility device with an operator or rider on board to any moving vehicle or motorized or non-motorized wheeled device.

2. Persons operating or riding a regulated mobility device on a city trail must dismount the regulated mobility device where the trail width is less than five feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device. (Ord. CS-419 § 2, 2022; Ord. CS-139 § 1, 2011; Ord. NS-151 § 1; 1991; Ord. 3062 § 8)

10.56.030 Enforcement.

In lieu of a fine or administrative citation as authorized by this code, and in lieu of filing charges in any court having jurisdiction over a violation, the police chief or designee may allow a violator of this chapter to complete a police department provided safety course for regulated mobility devices. (Ord. CS-419 § 2, 2022; Ord. 3064 § 3; Ord. 3062 § 11)

10.56.040 Exemptions.

Aug. 30, 2022 Item #12 Page 12 of 13
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8/23/22, 1:55 PM Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES https://library.qcode.us/lib/carlsbad_ca/pub/municipal_code/item/title_10-chapter_10_56?view=all 3/3 A. Public Agency Personnel. Notwithstanding any other provision of this chapter, or any other section of this code, city and public agency personnel may operate regulated mobility devices or other vehicles at any place in the city in the performance of their official duties.

B. Disability. This chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.). (Ord. CS-419 § 2, 2022)

10.56.050 Severability.

If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. (Ord. CS-419 § 2, 2022) Contact:

City Clerk: 442-339-2808
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.

Aug. 30, 2022 Item #12 Page 13 of 13
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: D.

Department: City Attorney
Prepared By: Scott Smith, City Attorney
Subject:

AMENDMENT TO CITY COUNCIL POLICY 1201-11 CITY COUNCIL MEETINGS AND OPERATING

PROCEDURES
Fiscal Impact:

No. This policy amendment will add nominal additional work to agenda preparation.

Summary:

This policy amendment implements direction given by the City Council at its October 4, 2022 meeting.

Discussion:

The Ralph M. Brown Act gives the City some discretion in the way it notifies the public of its closed session discussion of “facts and circumstances that may result in litigation,” which must be “publicly stated on the agenda or announced.” (Gov’t Code Subsection 54956.9(e).) Additionally, in discussing a governmental claim, the City must disclose “the receipt of a claim pursuant . . . or some other written communication from a potential plaintiff threatening litigation . . . “ (Id.) In a discussion at its October 4 meeting, the Council opted to set a standard policy to use its published closed session agendas to make these disclosures. The attached amendment to Council Policy No. 1201-11 brings this direction to effect.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt amended policy 1201-11 - City Council Meetings and Operating Procedures.

Attachment:

Amended policy 1201-11 - City Council Meetings and Operating Procedures Sample of December 7, 2021 agenda demonstrating linked documents notice template - Closed Session Item C.

Notification:

None.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 10/12/2022
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