San Clemente City Council
November 15, 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, November 15, 2022
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 November 15, 2022

BUSINESS MEETING

CALL TO ORDER
INVOCATION – Katie Nichol, Stake Communication Director, Church of Jesus Christ of Latter-Day Saints

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. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. 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 26, 2022.
(2) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF NOVEMBER 1, 2022.

2 City Council Special Meeting Agenda November 15, 2022 B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) BEACHES, PARKS AND RECREATION COMMISSION REGULAR
MEETING MINUTES OF AUGUST 9, 2022.
(2) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF
AUGUST 4, 2022.
(3) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
NOVEMBER 3, 2022.
(4) PLANNING COMMISSION REGULAR MEETING MINUTES OF
NOVEMBER 2, 2022.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2738 THROUGH 2745 AND WARRANT NOS.
584491 THROUGH 584641, PAID ON
11-4-22, IN THE AMOUNT OF $2,430,579.40
TOTAL WARRANT REGISTER...........................................$ 2,430,579.40 Payroll Register
Warrant No. 888 and
Automatic Deposit Advises 81916
through 82190, for the period
10-17-22 through 10-30-22, paid
on 11-4-22, in the amount of………..……..….......……..……...……$ 424,772.45 TOTAL PAYROLL REGISTER………………………………….$ 424,772.45
D. ORDINANCE NO. 1737 (SECOND READING) - 654 CAMINO DE LOS MARES - SENIOR HOUSING AND MEDICAL OFFICE
Staff Recommendation
Adopt Ordinance No. 1737 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA APPROVING AND

ADOPTING AN ADDENDUM TO THE SAN CLEMENTE HOUSING AND

SAFETY ELEMENTS UPDATE PEIR UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT, AND APPROVING GENERAL PLAN
AMENDMENT (GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, AND DEVELOPMENT AGREEMENT FOR A MIXED-USE PROJECT WITH 250
FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; TO SUBDIVIDE ONE LOT INTO TWO LOTS; TO REZONE THE PROPERTY FROM REGIONAL MEDICAL FACILITIES 1 (RMF1) TO

3 City Council Special Meeting Agenda November 15, 2022 COMMUNITY COMMERCIAL 4 (CC4); AND TO CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC, LOCATED AT 654 CAMINO DE LOS MARES.

E. CONTRACT AWARD - RICHARD T. STEED MEMORIAL PARK PICKLEBALL DESIGN
Staff Recommendation
Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-67, by and between the City of San Clemente and RJM Design Group, Inc., providing for engineering design services for the Richard T.

Steed Memorial Park pickleball courts, in the amount of $404,550.

F. CONTRACT AWARD - WATER RECLAMATION PLANT (WRP) SLUICE GATES REPLACEMENT (PHASE 2)
Staff Recommendation

1. Approve the plans and specifications for the WRP Gates Replacement (Project No. 2), CIP Project No. 26212.

2. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22-68, by and between the City of San Clemente and Jennette Company, Inc., providing for WRP Sluice Gate Replacement (Project No. 2), in the amount of $193,000.

5. Reports
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
Orange County Fire Authority Community Education Outreach (Ward) E. Council Subcommittee Updates

6. Closed Session Report - City Attorney

7. Special Presentations
A. Flying Leatherneck Historical Foundation
Presentation by Michael Aguilar, Brigadier General, United States Marine Corps (Retired), concerning the Flying Leatherneck Historical Foundation.

B. October Update on the Homeless Issue

4 City Council Special Meeting Agenda November 15, 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.

None.

9. Unfinished Business
A. CONSIDERATION OF ESTABLISHING A POLICY FOR NIGHT SURFING AT

THE SAN CLEMENTE PIER
Staff Recommendation
Take no further action on the implementation of night surfing at the San Clemente Pier.

10. New Business
A. LETTER TO THE ORANGE COUNTY BOARD OF SUPERVISORS

CONCERNING ELECTION CONTRIBUTIONS BY UNIONS AND THE IMPACT

OF INCREASES TO OCSD COSTS/BUDGET
(Agendized at the November 1, 2022 City Council Meeting by Mayor James, with the support of Councilmember Ward.)
Staff Recommendation
Consider whether to issue a letter to the Orange County Board of Supervisors concerning election contributions by unions and the impact of increases to San Clemente Police Services costs/budget.

B. BICYCLE PARKING AT RIVIERA BEACH ACCESS
(Agendized at the October 18, 2022 City Council meeting by Councilmember Ward, with the support of Councilmember Knoblock and Mayor Pro Tem Duncan.)
Staff Recommendation
Include this project in the FY 2023-24 Budget as part of the Capital Improvement Program due to the costs needed for construction and possible permitting, which could be $200,000 or higher depending on the improvements to the area.

5 City Council Special Meeting Agenda November 15, 2022 C. UPDATE ON PARKING VIOLATION REDUCTION AND TRAFFIC SAFETY

IMPROVEMENT PLANS ON VIA SAN GORGONIO
(Agendized by Council at the September 20, 2022 City Council Meeting) Staff Recommendation

1. Authorize San Clemente Police Services to increase parking enforcement in and around San Gorgonio Park when patrol services are available.

2. Authorize installing “Pedestrian Crossing” warning signs and “Side Roadway” signs on Via San Gorgonio for a cost of approximately $1,000 from the Public Works - Maintenance Division operation budget.

D. TRAFFIC ANALYSIS FOR AVENIDA PALIZADA CORRIDOR
(Agendized by Council at the November 1, 2022 City Council Meeting.) Staff Recommendation
Include Traffic Operation Analysis for Traffic Signal Synchronization and Implementation in the upcoming FY 2023-24 Capital Improvement Project Budget.

E. RESOLUTION AUTHORIZING SPECIFIED PAY GRADE CHANGES FOR

HOURLY PART-TIME AQUATICS CLASSIFICATIONS AND ADOPTION OF

REVISED HOURLY PART-TIME SALARY SCHEDULE
(Agendized at the November 1, 2022 City Council Meeting by Council.) Staff Recommendation

1. Adopt Resolution No. 22-41 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

SPECIFIED PAY GRADE CHANGES FOR HOURLY PART-TIME

AQUATICS CLASSIFICATIONS AND ADOPTION OF REVISED HOURLY

PART-TIME SALARY SCHEDULE AND UPDATED JOB DESCRIPTIONS
AND AMENDING RESOLUTION NO. 22-29 AND ANY OTHER
RESOLUTIONS IN CONFLICT THEREWITH.

2. Authorize the City Manager to establish an hourly part-time shift premium of up to 25% of the hourly rate of pay for employees working in the classification of Pool Lifeguard, Water Safety Instructor, and Head Lifeguard.

3. Fund an additional Recreation Specialist position and approve a supplemental appropriation for an additional Recreation Specialist in the

6 City Council Special Meeting Agenda November 15, 2022 amount of $62,500 to account # 001-625-41010 Salaries, Regular Full Time.

4. Approve a supplemental appropriation for pay changes to pool lifeguard positions in the amount of $107,550 to account # 001-625-41030 Salaries, Hourly Part-Time.

F. CODE AMENDMENT - PARKING RECREATIONAL VEHICLES ON CITY

STREETS AND ALLEYS
Staff Recommendation
Introduce Ordinance No. 1739 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA AMENDING SECTION 10.28.230(B) OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO PARKING RECREATIONAL VEHICLES ON CITY STREETS AND ALLEYS.

11. Reports (continued from Business Meeting Part 1)
A. Commissions and Committees
B. City Manager
C. City Attorney
D. Council Members
Orange County Fire Authority Community Education Outreach (Ward) 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
Adjourn to an Adjourned Regular meeting to be held on November 17, 2022 at 4:00 p.m. for the purpose of conducting interviews for the City Clerk and City Treasurer.

The next Regular meeting will be held on December 6, 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.

7 City Council Special Meeting Agenda November 15, 2022 Items to be Considered at a Future Meeting
December 6, 2022: Public Hearing - Adoption of Various Building Code Regulations and Local Amendments.

8 City Council Special Meeting Agenda November 15, 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.

9 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: (1)
Subject:

APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 26, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/7/2022
powered by Legistar™ 10
Date:

Time:

Special City Council Meeting*
and
Public Safety Town Hall Meeting
*Note: The Public Safety Town Hall Meeting of October 26, 2022 was noticed as a City Council Meeting to enable a majority of the City Council to participate.

Location:

October 26, 2022
6:00 p.m.

City Hall Council Chambers, located at 100 Calle Negocio, 2 nd Floor, San
Clemente, California
COUNCIL MEMBERS PRESENT:

COUNCIL MEMBERS ABSENT:

STAFF PRESENT:

Duncan, Knoblock, Mayor James
Ferguson, Ward
City Clerk Baade, Assistant to the City
Manager Savage
The Public Safety Town Hall Meeting/Special City Council Meeting of October 26, 2022 was called to order at 6:00 p.m.

1. Town Hall Meeting to Discuss Public Safety Matters within the City of San Clemente
Panelists Present
Mayor Gene James
Councilmember Chris Duncan (Left meeting from 7:43 p.m. until 8:00 p.m.) Councilmember Steve Knoblock
Captain Anthony Benfield, Chief of Police Services
City Attorney Scott Smith
Public Safety Committee Chair Rick Loeffler
The panelists shared information relating to their philosophies, goals, and statistics relating to matters of public safety. Additionally, panelists responded to written inquiries from the public which included the following topics: burglary patterns, safety tips, enforcement of recreational vehicle parking regulations and associated issues, homeless outreach efforts, enforcement of various activities in which homeless persons may and may not engage with an emphasis on constraints imposed by the Martin v. Boise decision, benefits and disadvantages of Family Assistance Ministries, and illegal substance activity.
11 12

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: (2)
Subject:

APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF NOVEMBER 1, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/8/2022
powered by Legistar™ 13

CITY OF SAN CLEMENTE
Tuesday, November 1, 2022 5:00 PM
City Council
Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
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.

A Regular Meeting of the San Clemente City Council was called to order by Mayor James on November 1, 2022 at 5:00 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 *Councilmember Ferguson arrived at 7:19 p.m.

STAFF PRESENT: Cecilia Gallardo-Daly, Acting City Manager; Scott Smith, City Attorney; Joanne Baade, City Clerk; Laura Campagnolo,
Legislative Administrator; Megan Jimenez, Deputy City Clerk BUSINESS MEETING PART 1

INVOCATION
Pastor Holland Davis, San Clemente Calvary Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Michael Greenwald led the Pledge of Allegiance.

1. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor James, second by Councilmember Knoblock, CARRIED 4-0, to waive reading in full of all Resolutions and Ordinances.

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

14 City Council Regular Meeting Minutes November 1, 2022

2. Consideration of agendizing items requiring immediate action None.

3. Oral Communications (Part 1)
Concerned Resident, San Clemente, narrated a Powerpoint presentation concerning City Attorney Smith's statements at the October 18, 2022 City Council meeting relating to Municipal Code standards pertaining to noise. A hard copy of the presentation is on file with the City Clerk.

Gary Headrick narrated a Powerpoint presentation entitled " A Tribute to Lyn Harris Hicks". A hard copy of the presentation is on file with the City Clerk.

Dennis Kamp thanked Councilmembers for their service to the community.

Jerry Collamer urged Council to install a plaque in memory of Lyn Harris Hicks.

Susan Ambrose complimented Beaches Parks and Recreation staff on the success of the first annual Halloween Monster Dash 5k run.

4. Consent Calendar
The following Items were removed from the Consent Calendar for discussion: 4D and 4E.

A. City Council Minutes
Motion by Councilmember Ward, second by Mayor James, CARRIED 4-0, to:
(1) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF OCTOBER 18, 2022.

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

15 City Council Regular Meeting Minutes November 1, 2022 B. Commission/Committee Minutes
Motion by Councilmember Ward, second by Mayor James, CARRIED 4-0, to receive and file:
(1) JOINT CITY COUNCIL - PLANNING COMMISSION MEETING MINUTES OF AUGUST 31, 2022.
(2) PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF SEPTEMBER 7, 2022.
(3) PLANNING COMMISSION REGULAR MEETING MINUTES OF SEPTEMBER 7, 2022.
(4) DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF SEPTEMBER 28, 2022.
(5) PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 5, 2022.
(6) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 6, 2022.
(7) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF OCTOBER 12, 2022.
(8) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF OCTOBER 11, 2022.
(9) PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 19, 2022.
(10)ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 20, 2022.
(11)PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
SEPTEMBER 27, 2022.

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

16 City Council Regular Meeting Minutes November 1, 2022 C. Warrant Register
Motion by Councilmember Ward, second by Mayor James, CARRIED 4-0, to:
(1) Approve Wire Transfer Nos.
2731 through 2732 and Warrant Nos.
584066 through 584167, paid on
10-14-22, in the amount of..........................................$ 4,507,444.29 (2) Approve Wire Transfer Nos.
2733 through 2736 and Warrant Nos.
584168 through 584335, paid on
10-21-22, in the amount of..........................................$ 1,197,442.98 (3) Approve Wire Transfer Nos.
2737 and Warrant Nos.
584336 through 584490, paid on
10-28-22, in the amount of..........................................$ 1,989,999.43 TOTAL WARRANT REGISTER..................................$ 7,694,886.70 AYE: Duncan, Mayor James, Knoblock, and Ward
NOE: None
ABSENT: Ferguson
Payroll Register
Motion by Councilmember Ward, second by Mayor James, CARRIED 4-0, to:

Approve Warrant Nos. 885 through 887
Automatic Deposit Advises 81638
through 81915, for the period
10-3-22 through 10-16-22, paid
on 10-21-22, in the amount of………..…….………….…….….$ 423,030.13 TOTAL PAYROLL REGISTER………………………………….$ 423,030.13
AYE: Duncan, Mayor James, Knoblock, and Ward
NOE: None
ABSENT: Ferguson

17 City Council Regular Meeting Minutes November 1, 2022 F. RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE TO CONSIDER SITE AT 380 AVENIDA PICO (THE CITY’S WATER RECLAMATION PLANT PROPERTY)

AS A POTENTIAL LOCATION FOR AN EMERGENCY FOOD STORAGE UNIT Motion by Councilmember Ward, second by Mayor James, CARRIED 4-0, to approve the Public Safety Committee's recommendation to allow a portion of the City's Water Reclamation Plant property located at 380 Avenida Pico to be used for the placement of an emergency food-storage unit.

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

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
D. CONTRACT AMENDMENT - MARIPOSA PEDESTRIAN BEACH TRAIL

BRIDGE REPLACEMENT
Motion by Councilmember Knoblock to approve the proposed contract with KPFF Consulting Engineers with the removal of the contract term date. The motion DIED for lack of a second.

Motion by Councilmember Ward, second by Mayor Pro Tem Duncan, CARRIED 3-1, to approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C20-52, by and between the City of San Clemente and KPFF Consulting Engineers, providing for additional services concerning scope of work, design and permitting for the replacement of the Mariposa Pedestrian Beach Trail Bridge. This contract amendment increases the contract from $327,000 to an amount not to exceed $554,840 (an increase of $227,840) and extends the contract term through July 31, 2024.

AYE: Duncan, Mayor James, and Ward
NOE: Knoblock
ABSENT: Ferguson
E. Ordinance No. 1736 (SECOND READING) - GENERAL PLAN AMENDMENT,

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

UPDATE AND ARCHITECTURAL OVERLAY EXPANSION
Amanda Q voiced concern that the SR-241 was included in the General Plan amendment; urged Council to remove the incorrect reference of the SR-241 toll road ending at Cow Camp Road.

Laura Smith, San Clemente, voiced concern with the General Plan amendment's inclusion of the SR-241 ending at Cow Camp Road instead of Oso Parkway.

18 City Council Regular Meeting Minutes November 1, 2022 Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED 4-0, to 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

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 with the direction that the underlying reports be amended to eliminate any reference to the SR-241 extending past Oso Parkway.

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

5. Reports
A. Commissions and Committees
(1) RESIGNATION OF WILLIAM HANRAHAN FROM THE PUBLIC SAFETY

COMMITTEE
Motion by Mayor James, second by Councilmember Knoblock, CARRIED 4-0, to appoint Mr. Greenwald to fill the remainder of William Hanrahan's two-year term on the Public Safety Committee.

AYE: Duncan, Mayor James, Knoblock, and Ward
NOE: None
ABSENT: Ferguson
B. City Manager
Announcement of Contracts Approved and Executed by the City Manager Acting City Manager Gallardo-Daly reported that the following professional service contracts were executed under her signature authority: 1) Johnathan Ciampa, providing for contract planning services, in the amount of $20,000. 2) Duncan Engineering, for the first amendment for the marine structural assessment for the T-Street Overpass, in the amount of $22,250.

Local Shoreline Monitoring Program
Acting City Manager Gallardo-Daly announced that the City has engaged Coastal Frontiers to perform two shoreline surveys per year to monitor and track any changes to the shoreline. The funding for this project is through a California Coastal Commission grant and is funded through 2025.

19 City Council Regular Meeting Minutes November 1, 2022 Pool Lifeguards
Acting City Manager Gallardo-Daly provided an update on the City's efforts to recruit pool lifeguards.

Mayor James, with the support of Mayor Pro Tem Duncan and Councilmember Knoblock, agendized for the November 15, 2022 City Council meeting, consideration of potential increases to the hourly salary schedule and additional solutions to fill the vacancies including the potential utilization of aquatics program coaches.

C. City Attorney
City Attorney Smith clarified the Council policy relating to individuals speaking during Oral Communications and clarified that the Mayor can ask the speaker to explain how their topic relates to city business. This clarification will not count towards a speaker's minute time limit.

D. Council Members
Traffic Circle at Avenida Palizada Offramp
Councilmember Knoblock requested an update at the November 15, 2022 City Council Meeting concerning staff's evaluation of potentially installing a roundabout/traffic circle at the Avenida Palizada freeway off ramp to reduce the bottleneck effect and the potential of taking the vacant service station on Avenida Estrella that is currently in litigation to use for this purpose.

Memorial Recognition
Mayor Pro Tem Duncan requested that Lyn Harris Hicks be recognized at the November 15, 2022 City Council Meeting.

Letter to Board of Supervisors - Campaign Contributions by Employee Unions Mayor James, with the support of Councilmember Ward, agendized for the November 15, 2022 City Council meeting, consideration of a letter to the Orange County Board of Supervisors that discusses campaign financial contributions by public employee unions as they relate to the cost of police services on the City's financial situation.

E. Council Subcommittee Updates
None.

20 City Council Regular Meeting Minutes November 1, 2022

CLOSED SESSION
Motion by Councilmember Ward, second by Mayor James, CARRIED 4-0, to recess to Closed Session at 5:57 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 1
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.Riverside Superior Court Consolidated Case No. 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) B. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d) (2) Number of potential cases: 2
AYE: Duncan, Mayor James, Knoblock, and Ward
NOE: None
ABSENT: Ferguson
BUSINESS MEETING PART 2
Council reconvened at 7:01 p.m. with, all Councilmember present, except Councilmember Ferguson who was absent.

6. Closed Session Report - City Attorney
City Attorney Smith announced that no reportable action was taken in Closed Session.

7. Special Presentations
Homeless Update
October update will be provided at the November 15, 2022 City Council meeting. *Councilmember Ferguson arrived at the meeting at 7:19 p.m.

8. Public Hearings
A. 654 CAMINO DE LOS MARES - MASTER PROJECT (MP) 22-089, GENERAL PLAN AMENDMENT (GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, TENTATIVE PARCEL MAP (TPM) 22-099, CONDITIONAL USE PERMIT (CUP) 22-100, SITE PLAN PERMIT (SPP) 22-103, ARCHITECTURAL PERMIT (AP) 22-101, AND

DEVELOPMENT AGREEMENT - SENIOR HOUSING AND MEDICAL OFFICE A 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

21 City Council Regular Meeting Minutes November 1, 2022 units and a 7,500 square foot medical office.

Mayor James opened the Public Hearing.

Assistant to the City Manager Savage narrated a Powerpoint entitled "654 Camino de los Mares Senior Housing and Medical Office" and responded to Council Inquiries. A hard copy of the presentation is on file with the City Clerk.

The applicant, Memorial Care, was represented by Tom Leary, Sr. Vice President of Memorial Care; Tim Mustard, Architect; Ken Wilhelm, Principal with LSA Associates; Greg Sanders, Counsel. Applicant representatives narrated a Powerpoint entitled "San Clemente Senior Living and Health Center" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

MEETING RECESSED
Council recessed at 8:59 p.m. and reconvened at 9:10 p.m. with all Councilmembers present.

The following individuals spoke in support of the Memorial Care Senior Housing and Medical Office Project located at 654 Camino de los Mares:

Rob Linn
Beth Apodaca
Patrick Minnehan
Diana Chavez
Jake Anderson
Mary Rampone, Orange County Realtors
Cindy Holmes
Mike Turner
Heather Gilbert
Dave Simpson, COX Communications
Dirissy Doan, Orange County Realtors
James Watkins
Rona Henry
Connor Medina, Government Affairs Manager with Orange County Business Council Dr. Hitesh Patel
Gloria Glanville
Sandy Exelby
Patricia Rice
Grace Todd
Dr. Pred Mitrevski
Suzie Lantz, Chamber of Commerce CEO
Father Patrick Crerar, St. Clement's Church
Kate Van Camp
Louise Herbert
Lilah Donovan
Jacky Trani

22 City Council Regular Meeting Minutes November 1, 2022 Kristen Gaynor
Linda Verraster
Anna Strasburg-Davis
Dr. Ken Kazenelson
Kathi Esfahani, Chair of SC Housing Coalition
Linda Yeargin
Stuart Anderson
Bill Kreutinger
The following individuals spoke in opposition to the Memorial Care Senior Housing and Medical Office Project located at 654 Camino de los Mares:

Kim Nguyen
Tom Marier
Warren Vidrine
Donna Vidrine
Ken Rogers
Linda Rogers
Randy Smith, Sea Pointe Estates Board Member
William Boezinger, Vice President of Sea Pointe Estates Home Owners Association Dr. P Kalimada (provided a newspaper article that is on file with the City Clerk) Matthew Herbert
Jon Conk
Tom Miller
Jacquie Glaser
Amanda Q opined that Mayor Pro Tem Duncan and Councilmember Knoblock should recuse themselves from deliberations.

Jenifer Massey opined that Council should require the project to conform to current height requirements and the available low income units should be for San Clemente residents.

There being no others desiring to speak, the Public Hearing was closed.

Motion by Mayor James, second by Councilmember Knoblock, CARRIED 5-0, to continue the meeting to 11:30 p.m.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
Motion by Mayor James, second by Councilmember Knoblock, CARRIED 5-0, to continue the meeting until 12:00 a.m.

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

23 City Council Regular Meeting Minutes November 1, 2022 Motion by Councilmember Ward, second by Mayor James, to amend the General Plan zoning for the lot at 654 Camino de los Mares to Community Commercial 2.

Substitute motion by Councilmember Knoblock, second by Councilmember Ferguson, CARRIED 3-2, to:

1. Adopt Resolution No. 22-40 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA APPROVING AND ADOPTING AN

ADDENDUM TO THE SAN CLEMENTE HOUSING AND SAFETY ELEMENTS

UPDATE PEIR UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, APPROVING 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, AND DEVELOPMENT AGREEMENT 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.

2. Introduce Ordinance No. 1737 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA APPROVING AND ADOPTING AN

ADDENDUM TO THE SAN CLEMENTE HOUSING AND SAFETY ELEMENTS

UPDATE PEIR UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND APPROVING GENERAL PLAN AMENDMENT (GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, AND DEVELOPMENT AGREEMENT FOR A MIXED-USE PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; TO SUBDIVIDE ONE LOT INTO TWO LOTS; TO REZONE THE PROPERTY FROM REGIONAL MEDICAL FACILITIES 1 (RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND TO CHANGE THE GENERAL PLAN DESIGNATION FROM RMF TO CC, LOCATED AT 654 CAMINO DE LOS MARES.

AYE: Duncan, Ferguson, and Knoblock
NOE: Mayor James, and Ward

9. Unfinished Business
None.

10. New Business
Items 10A -10D were discussed before Item 8A (Public Hearing) due to the time certain of 7:30 p.m. for the Public Hearing.

A. TRANSIENT OCCUPANCY TAX ALLOCATION
Motion by Mayor James, second by Councilmember Knoblock, to earmark 1/3 of Transient Occupancy Tax dollars to pay down the unfunded pension liability and amend

24 City Council Regular Meeting Minutes November 1, 2022 any City policies concerning earmarking.

Substitute motion by Councilmember Ward, second by Mayor Pro Tem Duncan, FAILED 2-2, to take no action concerning earmarking of the Transient Occupancy Tax.

AYE: Duncan, and Ward
NOE: Mayor James, and Knoblock
ABSENT: Ferguson
The original motion was voted on and FAILED 2-2 to earmark 1/3 of Transient Occupancy Tax dollars to pay down the unfunded pension liability and amend any City policies concerning earmarking.

AYE: Mayor James, and Knoblock
NOE: Duncan, and Ward
ABSENT: Ferguson
Note: Item -10A Transient Occupancy Tax Allocation was reconsidered later in the meeting. See page 13 for a summary of the action.

B. REPORT OF TRAFFIC CALMING PETITIONS RECEIVED REGARDING THE COAST

NEIGHBORHOOD AND CALLE FRONTERA
Shawn Grubbs, San Clemente, thanked Council for agendizing the consideration of traffic calming measures in the Coast.

Motion by Mayor Pro Tem Duncan, second by Councilmember Ward, CARRIED 5-0, to receive and file the Administrative Report dated November 1, 2022, and on file with the City Clerk.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
C. UPDATE ON PRESSURE WASHING OF SIDEWALKS IN THE DOWNTOWN AREA Councilmember Ferguson, with the support of Mayor James and Councilmember Knoblock, agendized the consideration of modifying the Municipal Code to reassign responsibility from property owners to maintain sidewalks adjacent to their property to the City. The report is to address businesses that sell products that generate an increased need for pressure washing the sidewalks.

Public Works is to research the feasibility of having as-needed sidewalk cleaning and to evaluate where additional funding for the project may be sourced.

25 City Council Regular Meeting Minutes November 1, 2022

REORGANIZATION OF AGENDA
Motion by Mayor James, second by Councilmember Ward, CARRIED 5-0, to consider item 10D ahead of the Public Hearing.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
D. SUNDAY FARMERS MARKET RETURN TO AVENIDA DEL MAR
Motion by Mayor Pro Tem Duncan, second by Councilmember Ward, CARRIED 5-0, to receive and file the Administrative Report dated November 1, 2022, and on file with the City Clerk.

AYE: Duncan, Ferguson, Mayor James, Knoblock, and Ward
NOE: None
Reconsideration of Transient Occupancy Tax Allocation (Continued from Page 11)
Motion by Councilmember Knoblock, second by Mayor James, CARRIED 3-2, to reconsider the Transient Occupancy Tax Allocation Item that was considered earlier in this meeting.

AYE: Ferguson, Mayor James, and Knoblock
NOE: Duncan, and Ward
A. TRANSIENT OCCUPANCY TAX ALLOCATION
Motion by Councilmember Knoblock, second by Mayor James, CARRIED 3-2, to earmark 1/3 of Transient Occupancy Tax dollars to pay down the unfunded pension liability and amend any City policies concerning earmarking.

AYE: Ferguson, Mayor James, and Knoblock
NOE: Duncan, and Ward
E. ORDINANCE TO ADOPT VARIOUS BUILDING CODE REGULATIONS AND

LOCAL AMENDMENTS
Building Official Holden narrated a Power Point entitled "2022 Building Code Adoption." A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tem Duncan, second by Mayor James, CARRIED 5-0, to:

1. Introduce Ordinance No. 1738 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING TITLE 15 CHAPTERS 15.05, 15.08, 15.11, 15.12, 15.14, 15.16, 15.17, 15.18,

15.20, 15.22, 15.23 AND TITLE 8 CHAPTER 8.16 OF THE SAN CLEMENTE MUNICIPAL CODE AND, ADOPTING BY REFERENCE THE 2022 CALIFORNIA

BUILDINGS STANDARDS CODE (CALIFORNIA CODE OF REGULATIONS,

26 City Council Regular Meeting Minutes November 1, 2022 TITLE 24), CONSISTING IN PART OF THE 2022 ADMINISTRATIVE CODE, THE 2022 CALIFORNIA BUILDING CODE, THE 2022 CALIFORNIA
RESIDENTIAL CODE, THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA MECHANICAL CODE, THE 2022 CALIFORNIA PLUMBING CODE, THE 2022 CALIFORNIA FIRE CODE, THE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, THE 2022 CALIFORNIA ENERGY CODE, THE 2022 CALIFORNIA HISTORICAL BUILDING CODE, THE 2022
CALIFORNIA EXISTING BUILDING CODE, AND THE 2022 CALIFORNIA

REFERENCED STANDARDS CODE, TOGETHER WITH CERTAIN
ADDITIONS, AMENDMENTS AND DELETIONS.

2. Find that the changes and modifications to the 2022 Editions of the California Building, Plumbing, Mechanical, Electrical, Residential, Existing Building, and Fire Codes are reasonably necessary due to local conditions in San Clemente.

Other amendments are of an administrative or procedural nature and concern themselves with subjects that are not covered by the Code or are reasonably necessary to safeguard life and property within the City of San Clemente.

Adoption of these codes as amended will implement the latest codes in the City and complies with current State law and repeals Ordinance 1636.

3. Set the Building Code Amendments for Public Hearing on December 6, 2022, and direct staff to advertise the Public Hearing as required by State law.

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

11. Reports
The Reports portion of the agenda was considered earlier in the meeting. Please refer to page 6 of these minutes for a summary of that discussion.

12. Oral Communications (Part 2)
Amanda Q narrated a Powerpoint presentation entitled "Expectation of Honesty for Candidates & Councilmembers." A hard copy of the presentation is on file with the City Clerk.

Tony Rubolino narrated Powerpoint entitled "Mark Enmeier Can San Clemente Survive Another Chris Duncan?" A hard copy of the presentation is on file with the City Clerk.

Bill Kreutinger spoke on the success of the county-wide emergency community communication test.

27 City Council Regular Meeting Minutes November 1, 2022

13. Adjournment
Motion by Councilmember Knoblock, second by Mayor James, CARRIED 5-0, to adjourn in memory of Fred Swegles at 11:54 p.m. The next Regular Meeting will be held on November 15, 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 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

28 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: (1)
Subject:

BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF AUGUST 9, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/7/2022
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Approved by the Beaches, Parks and Recreation Commission at its regular meeting on October 11, 2022.

CITY OF SAN CLEMENTE

MINUTES OF THE

BEACHES, PARKS AND RECREATION COMMISSION

REGULAR MEETING
TUESDAY, AUGUST 9, 2022 6:00 P.M.

Chair Rousseau called the Regular Meeting of the Beaches, Parks and Recreation Commission of the City of San Clemente to order on Tuesday, August 9, 2022, at 6:00 p.m. at the Community Center Ole Hanson Fireside Room located at 100 N. Calle Seville, San Clemente, CA. Commissioner Weinstein led the Pledge of Allegiance.

PRESENT Susan Ambrose, Jorine Campopiano, Jennifer Elliott, Rob Feuerstein, Errol Foremaster, Teri Rousseau, Amelia Mae Weinstein
ABSENT None
STAFF PRESENT Samantha Wylie, Beaches, Parks and Recreation Director Kiel Koger, Public Works Director
Maile Stivers, Sr. Administrative Assistant

1. NOMINATION AND ELECTION OF CHAIR AND CHAIR PRO TEM
MOTION BY COMMISSIONER WEINSTEIN, SECOND BY COMMISSIONER FEUERSTEIN, to select Teri Rousseau as Chair.

SUBSTITUTE MOTION BY COMMISSIONER FOREMASTER, to select Jorine Campopiano as Chair. Jorine Campopiano declined the nomination.

SUBSTITUTE MOTION BY COMMISSIONER AMBROSE, SECOND BY COMMISSIONER CAMPOPIANO, AND FAILED 1-6 WITH COMMISSIONERS CAMPOPIANO, ELLIOTT, FEUERSTEIN, FOREMEASTER, ROUSSEAU, AND WEINSTEIN OPPOSED, to select Susan Ambrose as Chair.

ORIGINAL MOTION CARRIED 4-1-1, WITH COMMISSIONER AMBROSE OPPOSED, AND COMMISSIONER ROUSSEAU ABSTAINING, to select Teri Rousseau as Chair.

MOTION BY COMMISSIONER WEINSTEIN, SECOND BY COMMISSIONER ELLIOTT, and carried 7-0, to select Jorine Campopiano as Chair Pro Tem.

2. SPECIAL PRESENTATIONS
A. San Clemente Shoreline Project Update
Kiel Koger, Public Works Director, presented information regarding the San Clemente Shoreline Project and responded to Commission inquiries. 30 Beaches, Parks & Recreation Commission Minutes of August 9, 2022 Page 2

3. APPROVAL OF MINUTES
A. June 14, 2022 Beaches, Parks and Recreation Commission Regular Meeting

MOTION BY COMMISSIONER FEUERSTEIN, SECOND BY CHAIR PRO TEM CAMPOPIANO, AND CARRIED 3-0-4, WITH COMMISSIONERS AMBROSE, ELLIOTT, FOREMASTER, AND WEINSTEIN ABSTAINING, to approve the minutes of the Beaches, Parks and Recreation Commission Meeting of June 14, 2022 amended as follows:
“coastal issues and activities” changed to “the San Clemente Shoreline Project grant”, under Agenda Item 3. ORAL COMMUNICATIONS, page 1.

4. ORAL COMMUNICATIONS
Sandy Kos, proposed agendizing a discussion group for the operations of the Aquatics Center.

Ruth Martin, commented concerns regarding San Gorgonio Park.

MOTION BY COMMISSIONER AMBROSE, to agendize San Gorgonio Park on the next Commission agenda. Commissioner Ambrose withdrew the motion.

5. CURRENT COMMUNITY ACTIVITIES AND UPDATES
A. Recreation Activities and Events
Samantha Wylie, Beaches, Parks and Recreation Director, presented photos and information regarding recent events including the Fourth of July fireworks display and summer concert series; and previewed upcoming events including a movie in the park, SC Open Skate Contest, and partnership events.

B. Environmental Services Update
Samantha Wylie, Beaches, Parks and Recreation Director, reported an update regarding environmental services staffing and a bacteria exceedance at the Pier, and responded to Commission inquiries.

6. OLD BUSINESS
None.

7. NEW BUSINESS
A. Development of Work Plan for FY 2022-23
Samantha Wylie, Beaches, Parks and Recreation Director, summarized the contents of the report and responded to Commission inquiries.

Commissioners either individually or in agreement commented the following items should be included in the Commission Work Plan:
 Site-Specific Park Master Plan Updates
 Sponsorships and Funding
 Coastal Resiliency, including ocean bacteria project, beach sand nourishment, shoreline monitoring, and restoring opportunistic sand permitting  Clean Ocean Fee
31 Beaches, Parks & Recreation Commission Minutes of August 9, 2022 Page 3  Plastic Reduction, including bottle filling stations
 PierPride Partnership and funding for Pier Preservation  Review Options for Additional Off-leash Dog Areas/Dog Access in Parks  Pickleball at San Gorgonio Park
CONSENSUS WAS REACHED, to allow the Chair and Chair Pro Tem to work with staff to finalize the work plan for FY2022-23 and present to City Council.

8. COMMUNICATIONS
A. Beaches, Parks & Recreation Director Report
i. Update on Vista Hermosa Sports Park Field #2 Infield Project Samantha Wylie, Beaches, Parks and Recreation Director, reported an update on the Vista Hermosa Sports Park Field #2 infield project and responded to Commission inquiries.
ii. Park Projects for FY 2023
Samantha Wylie, Beaches, Parks and Recreation Director, reported the park projects scheduled for fiscal year 2023 and responded to Commission inquiries.

Ruth Martin, commented concern about San Gorgonio Park conditions. iii. Site Specific Master Plan Update
Samantha Wylie, Beaches, Parks and Recreation Director, reported an update to the site specific park master plan updates and responded to Commission inquiries.

Ruth Martin, commented concern regarding scope and progress on site specific park master plans and Richard T. Steed Park improvements. iv. Beaches, Parks and Recreation Director Updates
Samantha Wylie, Beaches, Parks and Recreation Director, reported an update to Max Berg Plaza Park improvements related to safety; reported an update to aquatic facility staffing, hours and operations; and reported an update to Richard T. Steed Memorial Park Concession operations; and responded to Commission inquiries regarding e-bike regulations and enforcement.

9. ITEMS FROM COMMISSION
A. Subcommittee Reports
i. Coastal Items – Chair Pro Tem Campopiano reported an update regarding coastal items including recent meetings regarding the South Orange County Regional Coastal Resilience Strategic Plan and the Clean Ocean Fee.

MOTION BY CHAIR ROUSSEAU, SECOND BY COMMISSIONER FOREMASTER, AND CARRIED 7-0, to appoint Commissioner Ambrose to the Coastal Items Subcommittee.
32 Beaches, Parks & Recreation Commission Minutes of August 9, 2022 Page 4

MOTION BY CHAIR ROUSSEAU, SECOND BY COMMISSIONER FEUERSTEIN, AND CARRIED 7-0, to appoint Commissioner Weinstein to the Coastal Items Subcommittee.

MOTION BY COMMISSIONER ELLIOTT, SECOND BY CHAIR ROUSSEAU, AND CARRIED 7-0, to appoint Chair Pro Tem Campopiano to the Coastal Items Subcommittee.
ii. Consideration of a subcommittee for donations and sponsorships related to park master plans

MOTION BY CHAIR ROUSSEAU, SECOND BY COMMISSIONER FEUERSTEIN, AND CARRIED 7-0, to create a subcommittee focused on donations and sponsorships.

MOTION BY COMMISSIONER FOREMASTER, SECOND BY COMMISSIONER WEINSTEIN, AND CARRIED 7-0, to appoint Commissioner Feuerstein to the Donations and Sponsorships Subcommittee.

MOTION BY COMMISSIONER WEINSTEIN, SECOND BY CHAIR ROUSSEAU, AND CARRIED 7-0, to appoint Commissioner Elliott to the Donations and Sponsorships Subcommittee.

MOTION BY CHAIR PRO TEM CAMPOPIANO, SECOND BY COMMISSIONER FEUERSTEIN, AND CARRIED 7-0, to appoint Chair Rousseau to the Donations and Sponsorships Subcommittee.

B. Items from Commissioners
i. Appointment of representative to PierPride Foundation

MOTION BY CHAIR ROUSSEAU, SECOND BY CHAIR PRO TEM CAMPOPIANO, AND CARRIED 7-0, to appoint Commissioner Feuerstein as representative to PierPride Foundation.
ii. Proposed Future Agenda Items – Commissioners proposed future agenda items including a presentation regarding water quality reporting by outside organizations and a coastal projects presentation.

10. ADJOURNMENT

MOTION BY CHAIR PRO TEM CAMPOPIANO, SECOND BY COMMISSIONER FEUERSTEIN, AND CARRIED 7-0, to adjourn at 8:20 p.m. to an adjourned regular meeting on Tuesday, August 30, 2022 at 6:00 p.m. at Wedgewood at the San Clemente Municipal Golf Course located at 150 E. Avenida Magdalena, San Clemente, CA.
_______________________________ _______________________________ Chairperson of the Beaches, Parks & Beaches, Parks & Recreation Director Recreation Commission
33 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: (2)
Subject:

GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF AUGUST 4, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/7/2022
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CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR GOLF COURSE

COMMITTEE MEETING
THURSDAY, AUGUST 4, 2022, 6:00 P.M.

A regular meeting of the Golf Course Committee of the City of San Clemente was called to order on Thursday, August 4, 2022, at 5:57 p.m. at the Community Center Ole Hanson Fireside Room located at 100 N. Calle Seville, San Clemente, CA.

PRESENT: Nick Azzollini, Rick Divel, Mandy Hamilton, Ben Page, Dick Veale ABSENT: None
STAFF PRESENT: Samantha Wylie, Beaches, Parks and Recreation Director Jordan Gilmore, Golf Course Manager
Maile Stivers, Sr. Administrative Assistant

1. APPROVAL OF MINUTES
A. Approval of Minutes of the Regular Meeting held May 5, 2022

MOTION BY VICE CHAIR HAMILTON, SECOND BY COMMITTEE MEMBER VEALE, AND CARRIED 4-0-1 WITH CHAIR DIVEL ABSTAINING, to approve the minutes of the regular meeting held May 5, 2022.

2. ORAL COMMUNICATIONS
None.

3. OLD BUSINESS
A. Municipal Golf Course Urban Forest Management (Tree) Policy Samantha Wylie, Beaches, Parks and Recreation Director, summarized the contents of the administrative report and responded to Committee Member inquiries.

Committee Members either individually or in agreement commented:
• A member of the Beaches, Parks and Recreation Commission should be involved in discussions regarding an Urban Forest Management Policy.

CONSENSUS WAS REACHED to direct staff to work with the Greens Subcommittee in coordination with the Public Works Department to develop an urban forest management policy.

4. NEW BUSINESS
35 Golf Course Committee Minutes of August 4, 2022 page 2 A. Election of Chair and Vice Chair for Fiscal Year 2023

MOTION BY COMMITTEE MEMBER PAGE, SECOND BY COMMITTEE MEMBER VEALE, AND CARRIED 5-0, to approve the continuation of all current position assignments.

B. Development of Golf Course Committee Work Plan for FY 2022-2023 Samantha Wylie, Beaches, Parks and Recreation Director, summarized the contents of the administrative report and responded to Committee Member inquiries.

Committee Members either individually or in agreement commented the following should be included in the Golf Course Committee Work Plan:
• Course fee review
• Monitoring and tracking of Wedgewood Contract
• Project review and prioritization including improvements to bunkers, putting green, and tee boxes
CONENSUS WAS REACHED to direct the Chair and Vice Chair to work with staff to finalize the Work Plan for City Council approval.

5. ITEMS FROM STAFF
A. 4th Quarter Golf Course Activity Report
Received and filed.

B. Report from Golf Maintenance Staff
Jordan Gilmore, Golf Course Manager, provided an update on golf maintenance activities including staffing, tee aerification, irrigation software update, staff uniforms, ladies tee on #13, potential improvements to tees on #4 and #12, nursery near #2, greens height, and potential milkweed addition on the course.

6. ITEMS FROM COMMITTEE MEMBERS
A. Greens Subcommittee Report
i. Golf Course Tour Review 7/21/22
Committee Member Veale presented the golf course tour review dated 7/21/22.

B. House Subcommittee Report
i. Meeting with Wedgewood, San Clemente Shores 5/20/22
Vice Chair Hamilton presented the meeting with Wedgewood, San Clemente Shores information dated 5/20/22 and responded to Committee Member inquiries.

C. Appointment of Members to Greens/House Subcommittees Per the action during item 4.A., current Greens and House Subcommittee positions were continued.
36 Golf Course Committee Minutes of August 4, 2022 page 3 D. Committee Member Items
Committee Members discussed course operations and maintenance activities including possible improvements to #5, new tree on #16, cart tire specifications, private property maintenance near #15, potential course improvement projects including bunkers, staff titles, course marshals, use of ropes for cart direction, possibility of permission of fivesomes, and fencing repairs near #9 tee.

7. ADJOURNMENT

MOTION BY COMMITTEE MEMBER VEALE, SECOND BY VICE CHAIR HAMILTON, AND CARRIED 5-0, to adjourn at 6:59 p.m. to an adjourned regular meeting to be held on Tuesday, August 30, 2022 at 6:00 p.m. at Wedgewood ay the San Clemente Municipal Golf Course located at 150 E. Avenida Magdalena, San Clemente, CA for the purpose of meeting in joint session with the City Council, Commissions, and Committees. ________________________________________ Date: _______________ Rick Divel, Golf Course Committee Chair
________________________________________ Date: _______________ Samantha Wylie, Beaches, Parks & Recreation Director
37 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: (3)
Department: Choose an item.

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Subject:

ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF NOVEMBER 3, 2022.

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Meeting Date: 11/15/2022 Agenda Item: (3)
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These minutes will be approved by the Zoning Administrator on 11/17/2022

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
NOVEMBER 3, 2022
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Gallardo-Daly called the Regular Meeting of the City of San Clemente Zoning Administrator to order on November 3, 2022 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, and San Clemente, California.

Staff Present: Cecilia Gallardo-Daly, Zoning Administrator Sara Toma, Senior Planner
Christopher Johnson, Senior Planner
Laura Coury, Associate Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Receive and file Minutes from the October 6, 2022 Zoning Administrator Meeting.

B. Receive and file Minutes from the October 20, 2022 Zoning Administrator Meeting.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
A. MCUP 22-197, PRIMO FOODS BEER AND WINE, 2801 S. EL CAMINO REAL (Coury)
A request to consider beer and wine sales at Primo Foods, Grocery/Food Store for off-site consumption, with hours of operation from 8am-8pm daily. The project does not propose changes to the existing market. 40 Minutes of the Zoning Administrator Meeting November 3, 2022 Page 2 Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class1: Existing Facilities).

Associate Planner Laura Coury summarized the staff report.

Staff confirmed with ZA Gallardo-Daly that there were no communications received regarding the Minor Conditional Use Permit.

ZA Gallardo-Daly gave applicants Ruth Flores and Sam Assi an opportunity to address the Zoning Administrator. Ms. Flores gave a brief history of Primo Foods, which was founded twenty years ago in San Diego. This is their first venture in Orange County and they are excited to be in the community.

ZA Gallardo-Daly reviewed the staff reports and is familiar with the location and the neighboring new residential community. ZA Gallardo-Daly was able to make the findings for the Minor Conditional Use Permit. The proposed beer and wine sales is a conditionally permitted use in the Mixed Use 5.1 Zone. The project maintains the primary use of the site as a grocery/food store and the proposed offsite beer and wine sales is ancillary, doesn’t intensify the use, no additional parking is required, the store is closes at 8:00 p.m., and the project is conditioned to comply with all the requirements of the fire code, building code and Alcohol Beverage Control.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA22-020, and approved Minor Conditional Use Permit 22-197, Primo Foods Beer and Wine, subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:10 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, November 17, 2022 at 3:00 p.m. at 41 Minutes of the Zoning Administrator Meeting November 3, 2022 Page 3 Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Cecilia Gallardo-Daly, Zoning Administrator
42 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: (4)
Subject:

PLANNING COMMISSION REGULAR MEETING MINUTES OF NOVEMBER 2, 2022.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/10/2022
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These minutes will be considered for approval at the Planning Commission meeting of 11-16-2022.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
November 2, 2022 @ 6:00 p.m.

San Clemente City Hall Council Chambers
910 Calle Negocio, San Clemente, CA 92673
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 6:00 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

2. PLEDGE OF ALLEGIANCE
Chair pro tem Camp led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Gary P. McCaughan, M.D. Karen Prescott-Loeffler; Chair pro tem M. Steven Camp, Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: None
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
Christopher Wright, Associate Planner II
Kyle Webber, Assistant Planner
Matthew Richardson, Assistant City Attorney
Ryan Stager, Deputy City Attorney
Eileen White, Recording Secretary

4. SPECIAL ORDERS OF BUSINESS
None
44 Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 2

5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of October 19, 2022.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER,
SECONDED BY COMMISSIONER MCCAUGHAN AND CARRIED 5-0-2,

WITH CHAIR PRO TEM CAMP AND VICE CHAIR COSGROVE

ABSTAINING, TO RECEIVE AND FILE THE MINUTES FROM THE
OCTOBER 19, 2022, PLANNING COMMISSION REGULAR MEETING, AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
Mayor Gene James commended the Commission for its hard work, thoughtful comments, and fearlessly steadfast actions on the recent Memorial Care project proposed for Camino De Los Mares. Council elected to ignore the Commission’s suggestions and recommendations. Unfortunately, the City is not in a position to deny the project, and he is hopeful the City is never placed in such a vulnerable position again.

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. Cultural Heritage Permit 21-332, Encroachment Permit 22-317, Wach Historic Duplex, 161 West Marquita (Wright)
A request to consider the rehabilitation, exterior alterations and a minor 10 square-foot addition to a duplex and garage, and site improvements including a wall within the public right-of-way. The site is on the City’s List of Designated Historic Resources at 161 West Marquita.

Christopher Wright, Associate Planner II, narrated a PowerPoint Presentation, entitled, “Wach Duplex, CHP 21-332, ENC 22-317,” dated November 2, 2022. A copy of the Presentation is on file in Planning Division.

Christian Wach, the applicant, advised that previously undetected dry rot was found during minor renovations, triggering the proposed permits. He intends to preserve and restore the original appearance of the structures as much as possible.

Chair McKhann opened the public hearing.

Shane Hirschman, neighbor across the street from the subject site, supported the request and suggested potential mitigations to support/decrease wildlife in the area.
45 Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 3 Chair McKhann closed the public hearing.

IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY

COMMISSIONER PRESCOTT-LOEFFLER, 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
2) Adopt Resolution PC 22-024, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CULTURAL HERITAGE PERMIT 21-332,
ENCROACHMENT PERMIT 22-317, WACH DUPLEX, A REQUEST

TO ALLOW THE REHABILITATION, EXTERIOR ALTERATION, A

MINOR ADDITION TO A HISTORIC STRUCTURE, AND SITE

IMPROVEMENTS, INCLUDING A WALL WITHIN THE PUBLIC
RIGHT-OF-WAY, ON A SITE LOCATED AT 161 WEST MARQUITA.
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] B. Specific Plan Amendment (SPA) 21-229 – Specific Plan Amendments for Forster Ranch, Marblehead Coastal, Marblehead Inland, Rancho San Clemente, Talega (Webber)
A public hearing to consider forwarding a recommendation to the City Council on City-initiated amendment to the Talega, Rancho San Clemente, Forster Ranch, Marblehead Inland, and Marblehead Coastal Specific Plans.

Kyle Webber, Associate Planner, narrated a PowerPoint Presentation entitled, “Planning Commission, Specific Plan Amendment 21-229, Talega, Rancho San Clemente, Marblehead Inland, Marblehead Coastal, and Forster Ranch,” dated November 2, 2022. A copy of the Presentation is on file in Planning Division.

In response to questions from the Commissioners, Associate Planner Webber advised that all “minor” repair services have been identified in the document, and that any not listed as “minor” will be considered “major” and subject to requirements in the major repair services category; the proposal to require vehicle repair facilities to be located 1,000 feet away from residential homes is to set a standard and prohibit visual nuisance.

Deputy Director Atamian advised the City dutifully regulates its storm drain protection policies as they relate to storm water quality due to State permit regulations. Code Compliance responds to any unpermitted storm-drain discharges reported.
46 Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 4 Chair McKhann opened the public hearing, and there being no public testimony, closed the public hearing.

Discussion ensued regarding potential to reduce to 600 feet the distance between vehicle repair facilities and residential uses. A straw vote indicated the majority preferred the staff recommended 1,000 feet separation.

Additionally, the ensemble discussed waste disposal and storm drain issues, which are the responsibility of the Utilities Department.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER,

SECONDED BY VICE CHAIR COSGROVE, AND UNANIMOUSLY CARRIED TO ADOPT RESOLUTION NO. PC 22-020, A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE SPECIFIC PLAN AMENDMENT (SPA) 21-229, UPDATING SPECIFIC PLANS FOR

TALEGA, RANCHO SAN CLEMENTE, MARBLEHEAD INLAND,

MARBLEHEAD COASTAL, AND FORSTER RANCH FOR CONSISTENCY

WITH THE CENTENNIAL GENERAL PLAN, ZONING CODE, AND COASTAL USE PLAN.

Amended as follows:

Staff to further investigate the issue of the volume of hazardous materials with the appropriate department and make recommendations to City Council. [ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
C. Housing Element Rezoning Program – Zoning Code Amendments to be Consistent with State Housing Laws (Toma/Savage)
A public hearing to consider forwarding a recommendation to the City Council on the proposed ordinances listed below, which amend various provisions of the San Clemente Municipal Code (SCMC) to effectuate revisions contemplated by the City’s Sixth Cycle Housing Element. The proposed ordinance’s subject to the public hearing are as follows:
 An ordinance amending SCMC Section 17.24.070 regarding density bonuses and other affordable housing incentives required by state law. This ordinance is exempt from the California Environment Quality Act (CEQA) pursuant to sections 15358, 15303, and 15061(b)(3) of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3).
 An ordinance amending SCMC Section 17.56.100 to comply with AB 139 regarding parking requirements for emergency shelters. This ordinance does not qualify as a “project” under CEQA (State of California Guidelines, §15378(a)) and, in the alternative, is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines.
47 Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 5  An ordinance updating SCMC Section 17.28.270 regarding accessory dwelling units and junior accessory dwelling units to comply with recent changes in state laws. This ordinance is exempt from CEQA under California Public Resources Code Section 21080.17.
 An ordinance amending various sections of the SCMC to ensure consistency with state law regarding low barrier navigation centers. This ordinance is exempt from CEQA pursuant to sections 15606(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines.
 An ordinance amending various provisions of the SCMC to ensure consistency with state law regarding supportive and transitional housing. This ordinance is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines.  An ordinance amending various provisions of the SCMC regarding residential care facilities. This ordinance is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines.

Sara Toma, Senior Planner, narrated a PowerPoint Presentation entitled, “Zoning Ordinances Implementing the City’s Sixth Cycle Housing Element, ZA 22-369,” dated November 2, 2022. A copy of the Presentation is on file in Planning Division.

Senior Planner Toma reviewed the proposed changes, which are mandated by recently adopted State/Assembly Bills.

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

During the ensuing discussion, the Commissioners, either individually or in agreement, provided the following commentary:
 Established with Ryan Stager, Deputy City Attorney that the proposed changes in the City’s codes refer to existing State laws and will automatically be updated without needing amendments in the event State laws are modified.

The City is being forced to comply with the State law mandates, and many negative consequences would follow if the City does not comply.  Established with Cecilia Gallardo-Daly, Community Development Director that the City’s approved Housing Element requires the City comply with State law.

The City is required by the State to submit a breakdown of the different housing types constructed.
 State law may be modified in response to the various court cases currently challenging the mandates.
 Suggested the City utilize existing Public Health and Safety provisions to deny/require modifications on projects not providing adequate parking.  Requested staff provide alternative options during presentations for projects using the State-mandated provisions.
48 Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 6  Commended those that served on the Centennial General Plan Update adhoc committee, as well as previous Planning Commissioners and City Councilmembers who worked diligently to control and manage growth in the past; requested Planning staff provide thorough and compelling information at both Planning Commission and City Council level so that all are aware of any potential alternatives or options available.
 Commented that although staff expended much time and effort to guide the Memorial Care Project, it was the bonus density issue that allowed the project to prevail.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
COMMISSIONER CRANDELL AND CARRIED 5-2-0, WITH COMMISSIONER PRESCOTT-LOEFFLER AND COMMISSIONER DAVIS OPPOSED, TO:

1. Adopt Resolution no. PC 22-025, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 17.24.070 OF THE SAN CLEMENTE

MUNICIPAL CODE REGARDING DENSITY BONUSES AND OTHER

AFFORDABLE HOUSING INCENTIVES AND FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”

2. Adopt Resolution no. PC 22-026 entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 17.56.100 OF THE SAN CLEMENTE MUNICIPAL CODE TO COMPLY WITH ASSEMBLY BILL 139 REGARDING

PARKING REQUIREMENTS FOR EMERGENCY SHELTERS AND FINDING

THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”

3. Adopt Resolution no. PC 22-027, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 17.28.270 OF THE SAN CLEMENTE

MUNICIPAL CODE GOVERNING ACCESSORY DWELLING UNITS TO

COMPLY WITH CHANGES IN STATE LAW AND FINDING THE ACTION TO

BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA).”

4. Adopt Resolution no. PC 22-028, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN

ORDINANCE AMENDING VARIOUS PROVISIONS OF THE SAN

CLEMENTE MUNICIPAL CODE TO ENSURE CONSISTENCY WITH STATE

LAW REGARDING LOW BARRIER NAVIGATION CENTERS AND FINDING 49 Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 7

THE ACTION TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).”

5. Adopt Resolution no. PC 22-029, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN

ORDINANCE AMENDING VARIOUS PROVISIONS OF THE SAN

CLEMENTE MUNICIPAL CODE TO ENSURE CONSISTENCY WITH STATE

LAW REGARDING SUPPORTIVE AND TRANSITIONAL HOUSING AND

FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).”

6. Adopt Resolution no. PC 22-030, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 17 (ZONING) OF THE SAN CLEMENTE

MUNICIPAL CODE REGARDING RESIDENTIAL CARE FACILITIES AND

FINDING THE ACTION TO BE EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).”

7. Determine the project is Categorically Exempt from the requirements of the State CEQA Guidelines as set forth in the resolutions.
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Staff Waiver Memo and Reports
Deputy Director Atamian announced Study Sessions at 5:00 p.m. on November 16, 2022, from Transportation Engineering and one on December 6, 2022, on State Bills and how that information is presented to the Planning Commission; suggested any information discovered by Commissioner(s) should be forwarded to staff for them to disseminate to the rest of the Commission; noted a demonstration of the Trak-It update is on the Commission’s Tentative Future Agenda and will be timed to coincide with the update going live. The Commissioners requested staff provide a general review of the State Bills at the December 6, 2022 meeting, as well as detailed 50 Minutes of Regular Planning Commission Meeting of November 2, 2022 Page 8 explanations in the staff reports on future projects utilizing the State-mandated provisions; requested that for large projects, staff provide resolutions for each applicant of the project rather than one vote; requested staff provide information by email regarding what other cities are doing in response to the State mandates.

Reports received and filed.

12. ADJOURNMENT

IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED TO ADJOURN AT 7:48 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD INPERSON ON NOVEMBER 16, 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
51 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 11/15/2022 Agenda Item: (1)
Subject:

Approve Wire Transfer Nos.
2738 through 2745 and Warrant Nos.
584491 through 584641, paid on
11-4-22, in the amount of $2,430,579.40
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/10/2022
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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: 11/15/2022 Agenda Item: D.

Subject:

ORDINANCE NO. 1737 (SECOND READING) - 654 CAMINO DE LOS MARES - SENIOR

HOUSING AND MEDICAL OFFICE
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 11/7/2022
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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA APPROVING AND

ADOPTING AN ADDENDUM TO THE SAN CLEMENTE

HOUSING AND SAFETY ELEMENTS UPDATE PEIR

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY

ACT, AND APPROVING GENERAL PLAN AMENDMENT
(GPA) 22-097, ZONING AMENDMENT (ZA) 22-098, AND A

DEVELOPMENT AGREEMENT FOR A MIXED-USE
PROJECT WITH 250 FOR-RENT SENIOR RESIDENTIAL
UNITS AND A 7,500 SQUARE FOOT MEDICAL OFFICE; TO
SUBDIVIDE ONE LOT INTO TWO LOTS; TO REZONE THE
PROPERTY FROM REGIONAL MEDICAL FACILITIES 1
(RMF1) TO COMMUNITY COMMERCIAL 4 (CC4); AND TO

CHANGE THE GENERAL PLAN DESIGNATION FROM RMF
TO CC, LOCATED AT 654 CAMINO DE LOS MARES
WHEREAS, on March 21, 2022, an application was submitted by Hunsaker & Associates Irvine, Inc., 24451 Health Center Drive, Laguna Hills, CA, for 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, and Development Agreement and deemed complete on September 29, 2022; 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 (collectively, the Project).

WHEREAS, the Planning Division prepared an Addendum to the San Clemente Housing and Safety Elements Update PEIR (State Clearinghouse No. 2021020256) that was adopted by the City Council on October 5, 2021 for the project in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15164 which allows an addendum to a previously certified EIR or Negative Declaration in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects beyond those identified in the previous EIR;
WHEREAS, the City's Development Management Team (DMT) reviewed the proposed project on three different occasions for compliance with the General Plan, Zoning Ordinance, and other applicable City regulations, and the DMT recommends approval with conditions contained in Exhibit A;
WHEREAS, on May 25, 2022, July 27, 2022, and August 24, 2022, the City’s 64 Ordinance No. ______ Page 2
Design Review Subcommittee (DRSC) reviewed the project’s architecture and compliance with the Design Guidelines, and forwarded the project to the Planning Commission;
WHEREAS, on August 31, 2022, the Planning Commission and City Council of the City of San Clemente held a study session on the subject applications, and information presented by the applicant, City staff, and other interested parties; WHEREAS, on October 5 and October 19, 2022, the Planning Commission of the City of San Clemente held duly noticed public hearings on the subject applications, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties;
WHEREAS, on November 1, 2022, the City Council of the City of San Clemente held a duly noticed public hearing on the subject applications, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and,
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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.

Section 2. CEQA Findings.

Based upon its review and consideration of the entire record, including the Staff Report, the Program Environmental Impact Report (EIR) for the Housing and Safety Elements Update (State Clearinghouse No. 2021020256, adopted by the City Council on October 5, 2021, hereafter referred to as “2021 EIR”), the Addendum to the 2021 EIR (“Addendum”), any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that an addendum is the appropriate environmental document under the California Environmental Quality Act (CEQA) and State CEQA Guidelines Section 15164. The Addendum to the 2021 EIR was prepared by the City of San Clemente Community Development Department to evaluate whether development of senior housing and medical office at 645 Camino de los Mares would result in any new significant impacts or increased severity of impacts beyond those identified in the 2021 EIR. As Lead Agency under CEQA, and based on the findings contained in the Addendum, the City has determined that the project would not have any new or more severe impacts that were not previously identified in the 2021 EIR, , and that none of the conditions described in State CEQA Guidelines section 15162 have 65 Ordinance No. ______ Page 3
occurred. The City also finds that the Addendum reflects the City’s independent judgment.

Under CEQA Guidelines Section 15164 of the State CEQA Guidelines, an Addendum to a previously certified EIR or Negative Declaration is the appropriate environmental document in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental effects beyond those identified in the previous EIR. The analysis contained in the Addendum demonstrates that the proposed Addendum involves only minor technical changes to the 2021 EIR and the Project would not result in any new or increased severity significant environmental effects beyond those identified in the 2021 EIR. As such, an addendum is the appropriate environmental document under CEQA and the City Council hereby approves and adopts the Addendum to the 2021 EIR.

Section 3. General Plan Amendment Findings
With respect to General Plan Amendment (GPA) 22-097, the City Council finds as follows:

A. The proposed amendment is internally consistent with those portions of the General Plan which are not being amended.

1. GPA 22-097 would amend the Land Use map (Figure LU-1A), changing the General Plan Land Use designation from Regional Medical Facilities to Community Commercial for the site located at 654 Camino de los Mares.

2. The amendment would be internally consistent with the following Goal and Policies of the Camino de los Mares Focus Area in that the project would enhance a community hub, collaborates with health care providers based on changing needs, maintains landscaped edges, and provides a Spanish architectural design. i. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities.
ii. LU-7.03. Collaboration with Health Care Providers. We collaborate with local health care providers and facilities to understand their changing requirements and help meet the needs of our residents.
iii. LU-7.04. Entryways and Landscaped Corridors. We maintain entryways and an attractive, well-defined landscaped edge along Caminos Estrella and de los Mares to signify arrival to the City of San Clemente and the Camino de los Mares area.
iv. LU-7.06. Design Treatment. Within the Camino de los Mares Focus Area, development projects, including major remodels, shall have a Spanish architectural design, consistent with the Design Guidelines.

3. The amendment is consistent with the General Plan Housing Element in that the 66 Ordinance No. ______ Page 4
Housing Element identified the site as a potential housing opportunity site and the project would provide housing, including affordable housing to very low income households.

B. The proposed amendment will not adversely affect the public health, safety, and welfare.

1. The proposed amendment would create a land use designation consistent with the Community Commercial land use designation adjacent to the west and east, and across the street to the north.

2. An Addendum was prepared for the proposed project and concluded that potential impacts would be reduced to less than significant with the mitigation measures required as part of the project approval.

3. Prior to construction, the project will be reviewed during the building permit process to ensure compliance with building, engineering, health, and safety codes. This includes but is not limited to regulations on emergency services, utility connections, easement access, and traffic design standards.

Section 4. Zoning Amendment Findings
With respect to Zoning Amendment (ZA) 22-098, the City Council finds as follows:

A. The proposed amendment is consistent with the General Plan.

1. The Zoning Amendment would be consistent with the General Plan including but not limited to the following goals and policies:
i. Land Use Plan Primary Goal: “…8) provide a diversity of land use areas that complement one another and are characterized by differing functional activities and intensities of use...” in that the project would add to the diversity of uses in the Camino de los Mares focus area. ii. Residential Land Use Goal: “Achieve a mix of residential neighborhoods and housing types that meets the diverse economic and physical needs of residents, that is compatible with existing neighborhoods and the surrounding environmental setting, and that reflects community expectations for high quality” in that the project would add to the variety of housing types available in the City, and provide a high quality architectural style.
iii. LU-1.01. General. We accommodate the development of a variety of housing types, styles, tenure and densities that are accessible to and meet preferences for different neighborhood types (e.g., mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Land Use Plan and Housing Element in that the project would add to the variety of housing available in the City, including a variety of income levels, as part of a horizontal mixed-use project.
iv. Goal: Maintain and improve the area as a community hub that provides 67 Ordinance No. ______ Page 5
diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities in that the proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses.
v. LU-7.03. Collaboration with Health Care Providers. We collaborate with local health care providers and facilities to understand their changing requirements and help meet the needs of our residents in that the project would support the needs of the health care property owner and add medical offices to help meet the needs of residents.
vi. LU-7.04. Entryways and Landscaped Corridors. We maintain entryways and an attractive, well-defined landscaped edge along Caminos Estrella and de los Mares to signify arrival to the City of San Clemente and the Camino de los Mares area in that the project would provide an attractive and well-defined landscaped edge along Camino de los Mares with additional parkway trees, private landscaping along the sidewalk, and seating area at the pedestrian paseo entry.
vii. LU-7.06. Design Treatment. Within the Camino de los Mares Focus Area, development projects, including major remodels, shall have a Spanish architectural design, consistent with the Design Guidelines in that the project’s senior housing buildings and medical office building would provide Spanish architectural style.

B. The proposed amendment will not adversely affect the public health, safety and welfare.

1. The proposed amendment would be the same Community Commercial zoning as that zoning for the properties adjacent to the west and east, and across the street to the north.

2. An Addendum was prepared for the proposed project and concluded that potential impacts would be reduced to less than significant with the mitigation measures required as part of the project approval.

3. Prior to construction, the project will be reviewed during the building permit process to ensure compliance with building, engineering, health, and safety codes. This includes but is not limited to regulations on emergency services, utility connections, easement access, and traffic design standards.

Section 5. Development Agreement Findings.

With respect to the Development Agreement, the City Council finds as follows:

A. The provisions of the agreement are consistent with the general plan and any applicable specific plan.
68 Ordinance No. ______ Page 6
a. The provisions of the Development Agreement are consistent with the goals and policies of the General Plan, including but not limited to:
i. Land Use Plan Primary Goal: “…8) provide a diversity of land use areas that complement one another and are characterized by differing functional activities and intensities of use...” in that the project would add to the diversity of uses in the Camino de los Mares focus area. ii. Residential Land Use Goal: “Achieve a mix of residential neighborhoods and housing types that meets the diverse economic and physical needs of residents, that is compatible with existing neighborhoods and the surrounding environmental setting, and that reflects community expectations for high quality” in that the project would add to the variety of housing types available in the City, and provide a high quality architectural style.
iii. LU-1.01. General. We accommodate the development of a variety of housing types, styles, tenure and densities that are accessible to and meet preferences for different neighborhood types (e.g., mixed use pedestrian environments and traditional suburban neighborhoods), physical abilities and income levels, pursuant to the Land Use Plan and Housing Element in that the project would add to the variety of housing available in the City, including a variety of income levels, as part of a horizontal mixed-use project.
iv. Goal: Maintain and improve the area as a community hub that provides diverse retail opportunities and commercial services for local residents and high quality medical services and related employment opportunities for San Clemente and surrounding communities in that the proposed use adds to the Camino de los Mares community hub with senior housing next to food, retail, and medical amenities, and the proposed use adds medical office uses. b. The Development Agreement is consistent with the General Plan Housing Element in that the Housing Element identified the site as a potential housing opportunity site and the project would provide housing, including affordable housing to very low income households.

B. The agreement provides that any tentative map will comply with Government Code Section 66473.7 in that the Development Agreement includes provisions that the tentative map will comply with Government Code Section 66473.7.

Section 6. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at San Clemente City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 7. Planning Commission Recommendation. Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council approves Master Project (MP) 22-089, Architectural 69 Ordinance No. ______ Page 7
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, and Development Agreement 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 Conditions of Approval set forth in Exhibit A.

Section 8. The San Clemente General Plan Land Use Map is hereby amended to update the Zoning Designation for 654 Camino de los Mares (Assessor’s Parcel Number 675-072-19) from Regional Medical Facility (RMF) to Community Commercial (CC).

Section 9. The San Clemente Zoning Map is hereby amended to update the Zoning District for 654 Camino de los Mares (Assessor’s Parcel Number 675-072-19) from Regional Medical Facility (RMF1) to Community Commercial 4 (CC4).

Section 10. 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 and adopts General Plan Amendment 22-097, Zoning Amendment 22- 098, and the Development Agreement included as Exhibit A.

Section 11. 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 12. 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
70 Ordinance No. ______ Page 8

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 November 1, 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
71 Ordinance No. ______ EXHIBIT A

DEVELOPMENT AGREEMENT
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(ABOVE SPACE FOR RECORDER'S USE ONLY)

DEVELOPMENT AGREEMENT

BY AND BETWEEN

CITY OF SAN CLEMENTE, A CALIFORNIA MUNICIPAL CORPORATION AND

SADDLEBACK MEMORIAL MEDICAL CENTER, A CALIFORNIA NON-PROFIT

PUBLIC BENEFIT CORPORATION

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City Clerk
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Exempt From Recorder's Fees Pursuant
to GOVERNMENT CODE § 6103

EXHIBIT A
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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT dated for reference purposes only as of , 2022 (“Agreement”), is made and entered into by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”) and SADDLEBACK MEMORIAL MEDICAL CENTER, a California non-profit public benefit corporation (“Owner”).

RECITALS
A. All initially-capitalized words, terms, and phrases used, but not otherwise defined, in the Recitals shall have the meanings assigned to them in Section 1 of this Agreement, unless the context clearly indicates otherwise.

B. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the legislature of the State of California adopted the Development Agreement Act. Pursuant to the Development Agreement Act and the San Clemente Municipal Code, the City is authorized to enter into an agreement with any person having a legal or equitable interest in real property to provide for the development of such property and to vest certain development rights therein. City enters into this Agreement pursuant to the provisions of the Development Agreement Act, the City’s General Plan, the City Municipal Code, and applicable City policies.

C. Owner is the owner of the Property.

D. Property is a 6.63 acre area of real property generally located at 654 Camino de Los Mares in the City of San Clemente, California (the “Property”), which real property is legally described in the Legal Description attached hereto as Attachment No. 1 of this Agreement and by this reference incorporated herein.

E. Owner desires to develop the Project including Private Improvements of commercial, residential, open space and ancillary uses on the Property in the City of San Clemente.

F. On October 5, 2021, the City Council approved amendments to the Housing Element of the City’s General Plan in which the Property was designated as a candidate site for a mixed-income housing project that would materially enhance City compliance with certain affordable and other housing mandates imposed on City by the State of California including, but not limited to, obligations of City to comply with the regional housing needs requirements as set forth in Government Code Section 65584, et seq.

G. Additionally, to develop the Project, Owner has submitted applications to the City for approval of a General Plan Amendment, Zone Change, Vesting Tentative Map, Architectural Permit, Site Plan Permit, a Conditional Use Permit, and this Agreement.

H. The Parties desire to enter into this Agreement in order to vest the development standards, fees, exactions, and applicable regulations governing the proposed uses on the Property.

I. The Parties also desire to enter into this Agreement in order to provide sufficient funding to ensure that adequate and appropriate community facilities and benefits are provided to the City and

EXHIBIT A
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its residents in connection with the development of the Project and that the Project site will be developed in accordance with City’s General Plan and zoning.

J. This Agreement constitutes a current exercise of City’s police powers to provide predictability to Owner in the development approval process by vesting the permitted uses(s), density, intensity of use, and timing and phasing of development in exchange for Owner’s commitment to provide significant public benefits to City. This Agreement allows City to realize these public benefits and meet the needs of the City’s residents and visitors to a greater extent than the land uses permitted under the General Plan.

K. On October 19, 2022, as required by California Government Code Section 65867 and San Clemente Municipal Code Section 17.16.230, the Planning Commission of City held a duly-noticed public hearing on this Agreement. On November 1, 2022, the City Council held a duly-noticed public hearing to consider this Agreement and found and determined that this Agreement:
1) Is within the scope of the CEQA Compliance Documents; 2) Is consistent with the City's General Plan pursuant to Government Coder Section 65867.5(b); 3) Is compatible with the orderly development of the Property and the surrounding area; 4) Will have an overall positive effect on the health, safety, and welfare of the residents of the City by providing 20 very low income housing units (or 8% of 250 units) at the Property; 5) Constitutes a lawful, present exercise of the City's police power and authority under the Development Agreement Act and the Municipal Code; and
6) Is entered into pursuant to and in compliance with the requirements of the Development Agreement Act and the Municipal Code.
7) Will ensure a desirable and functional community environment, provide effective and efficient development of public and community facilities, assure attainment of maximum effective utilization of resources within the City, make a significant contribution toward the availability of very low income housing units in an area where real estate prices and other economic pressure make such housing very difficult to provide, the waiver of the right to settlement agreement payments as set forth in Section 2.1 of the Development Agreement, and provide other significant benefits to the City and its residents; and
8) Strengthens the public planning process, encourages private participation in comprehensive planning, particularly with respect to the implementation of the City’s General Plan, and reduces the economic costs of development and government.

Based on these findings, the City Council finds that the best interests of the citizens of the City and the public health, safety and welfare will be served by entering into this Agreement.

L. On November 1, 2022, the City Council introduced for first reading of the Enabling Ordinance. On November 15, 2022, the City Council conducted the second reading of the Enabling Ordinance and thereafter adopted the Enabling Ordinance, thereby approving this Agreement.

EXHIBIT A
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M. The City and Owner wish to enter into this Agreement in order to set forth the terms and conditions of the vesting of certain development rights and to effectuate and memorialize the Owner's payment of various City fees and exactions for the Project. By electing to enter into this Agreement, the City shall be bound by the obligations specified herein. The terms and conditions of this Agreement have undergone extensive review by the City's Planning Commission and the City Council and have been found to be fair, just, and reasonable.

N. All of the procedures required by CEQA have been satisfied based on the Environmental Impact Report Addendum (cite Addendum title, date and identifying number, if any) and the completion of certain studies evaluating the environmental impacts of the Project (the “EIR Addendum”). The City has made certain findings and determinations that this Agreement and the Project have been adequately analyzed and are supported by the CEQA Compliance Documents in compliance with all applicable requirements of CEQA.

O. This Agreement and the Project are consistent with the City’s General Plan, Municipal Code, and the applicable Land Use Regulations.

Q. The various exchanges contemplated in this Agreement are in the vital and best interest of the City and the welfare of its residents and are in accordance with the public purposes and provisions of applicable Laws.

The foregoing Recitals constitute a substantive part of and are hereby incorporated into this Agreement.

AGREEMENT

1. Definitions. As used in this Agreement, the following terms shall have the following meanings:

Affordable Unit(s) is defined in Section 2.8.1 of this Agreement.

Affordable Units Complex is defined in Section 2.8.2 of this Agreement.

Agreement means this Development Agreement.

Annual Review is defined in Section 12.1 of this Agreement.

Applicable Land Use Regulations meansthe Land Use Regulations in effect on the date this Agreement is executed by all Parties in accordance with Government Code Section 65866 including, but not limited to, the Entitlements.

Applicable Rules means this Agreement, the Applicable Land Use Regulations, the Development Agreement Act and the Municipal Code+.

Building Codes means standard, uniform codes governing construction then in effect at the time of submittal of the Development plans by Owner in connection with the Project.

Building Permit means the permit issued by the City for the construction of the foundations, footings, subterranean and vertical Private Improvements and required Public

EXHIBIT A
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Improvements for each element of the Project.

Business Day means Monday through Friday, excepting holidays.

CC&Rs is defined in Section 2.9 of this Agreement.

CEQA means the California Environmental Quality Act (Pub. Res. Code § 21000, et seq. and the implementing regulations promulgated thereunder as set forth in Title 14 Cal. Code Regs.

Section 15000, et seq.

CEQA Compliance Documents means the EIR Addendum, as defined in Recital N of this Agreement above as well as the CEQA findings made in connection with the approval of this Agreement. The CEQA findings concluded that: (1) with implementation of the mitigation measures identified in the EIR Addendum, the Project will result in no new significant impacts that were not analyzed in the Program EIR nor would the Project cause a substantial increase in the severity of any previously identified environmental impacts in the Program EIR; (2) the potential impacts associated with the Project would be the same or less than those described in the Program EIR; (3) there are no substantial changes to the circumstances under which the Project will be undertaken that would result in new or more severe significant environmental impacts than previously addressed in the Program EIR; and (4) no new information regarding the potential for new or more severe environmental impacts were identified since the Program EIR was approved.

City means the City of San Clemente, California, a municipal corporation.

City Agency means each and every agency, department, board, commission, authority, employee, and/or official acting under the authority of the City, including without limitation the City Council and Planning Commission.

City Council means the City's duly-elected and/or appointed City Council.

City Manager means the City Manager of the City and his or her authorized designees.

Convey and Conveyance means the sale, transfer or assignment, but not the leasing, of any portion of the Property or the sale, transfer or assignment of more than fifty percent (50%), cumulatively, of the ownership interests in Owner; provided, however, that a sale, transfer or assignment of the Property or any portion thereof or of the ownership interests in Owner to any corporation, partnership, limited liability company or other entity controlling, under the control of or in common control with Owner shall not constitute a Conveyance hereunder; provided further, expressly excluded from the definition of Convey and/or Conveyance is (a) any granting by Owner of any easements, access or use rights to any third party for utilities, right of way, reciprocal access or parking rights to adjacent or nearby property owners or occupants or other similar rights reasonably and customarily granted to third parties in connection with similar development projects and due diligence studies and/or inspections by prospective purchasers or tenants; (b) any Dedications or Reservations; (c) any sale, transfers or assignments of the Property or any portion thereof by Owner to any Financier for security purposes or otherwise included within the definitions of Encumber or Encumbrance; and/or (d) any sale, transfer or assignment of the Property to an entity in which Owner and/or Owner's affiliates has a direct or indirect ownership interest.

EXHIBIT A
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County means the County of Orange, California.

Dedication and Dedicate means Owner's grant of real property or an interest therein to the City or another governmental agency or public or private utility for a public purpose.

Default means the failure of a Party to perform any action or covenant required by this Agreement within the time periods provided, if applicable, following notice and opportunity to cure, as set forth in Section 13 of this Agreement.

Development shall have the same definition as in California Government Code Section 65927, as that statute exists on the date the Enabling Ordinance is adopted.

Development Agreement Act means Government Code Section 65864, et seq.

Development Agreement Ordinance means San Clemente Municipal Code Section

17.16.230 which the City adopted for considering, approving and administering development agreements including the Agreement.

Development Exaction means and include Development Impact Fees, Dedications, Reservations, special taxes, general taxes as they pertain to development of the Property (but not including ad valorem property taxes or other taxes that are applicable City-wide), improvements, and any other obligation to pay money, construct facilities, or Dedicate land as a condition of Development of the Project or of obtaining an Entitlement.

Development Impact Fee means any impact fee or exaction or other similar fee or charge (whether collected as a condition of issuance of a demolition, grading, building or certificate of occupancy permit, or otherwise) imposed by the City on and in connection with Development of the Project in accordance with this Agreement. Development Impact Fees do not include (a) Processing Fees and Charges, (b) impact fees, exactions, assessments or fair share charges or other similar fees or charges imposed by other governmental entities regardless of whether the City is required to collect or assess such fees pursuant to applicable Laws (e.g., school district impact fees pursuant to Gov. Code § 65995) or (c) Fair Share Fees. The Development Impact Fees to be imposed on the Project pursuant to Section 3.3 of this Agreement are set forth in Attachment 2 of this Agreement and by this reference incorporated herein.

Discretionary Action means an action proposed by Owner which requires the exercise of judgment, deliberation and a decision on the part of the City as distinguished from an activity such as the issuance of Ministerial Permits and Approvals, which merely requires the City and/or any City Agency to determine whether there has been compliance with applicable, objective statutes, ordinances and/or regulations.

Effective Date means thirty (30) calendar days after the City Council's final approval of the Enabling Ordinance following the second reading thereof.

Enabling Ordinance means City Ordinance No. by which this Agreement was approved by the City Council and as described in Recital M of this Agreement.

Encumber and Encumbrance means mortgages, deeds of trust, and any other device by which Owner pledges all or any portion of Owner's interest in the Property to secure a loan.

EXHIBIT A
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Entitlements means (a) this Agreement; (b) Master Project (MP) 22-089, (c) General Plan Amendment (GPA) 22-097, (d) Zoning Amendment (ZA) 22-098, (e) Tentative Parcel Map (TPM) 22-099, (f) Conditional Use Permit (CUP) 22- 100, (g) Site Plan Permit (SPP) 22-103, and (h) Architectural Permit (AP) 22-101: together with all other statutes, ordinances, decisions, resolutions, permits, rules, regulations, and official policies of the City that govern permitted uses, density, design, construction standards and specifications, density or intensity of use, height and size of buildings, Reservation or Dedication of land for public purposes, growth management, Development Impact Fees, Fair Share Fees, special taxes and special assessments used to mitigate the impacts of Development of the Project, other conditions, environmental analyses, and/or environmental mitigation, applicable to the Property or prerequisite to the Development and occupancy of the Project in effect on the Effective Date.

Fair Share Fees means the fees described in Section 3.2 and Attachment No. 2 of this Agreement, attached hereto and by this reference incorporated herein.

Financier means any mortgagee, beneficiary, or trustee as to an Encumbrance.

Force Majeure means problems or occurrences beyond the control of the affected Party that delay a Party's performance of its obligations under this Agreement. Examples of Force Majeure include, but are not limited to, floods, earthquakes, adverse weather conditions (with respect to weather sensitive work), pandemics, and other Acts of God; fires; wars; civil commotion, riots, and similar hostilities; strikes, picketing, and other labor difficulties; shortages of materials or supplies; inability of any government agency, including but not limited to the City, to provide adequate levels of public services or facilities to the Property, including, by way of illustration only, a lack of water caused by drought; Laws of other agencies (including, but not limited to, voter initiative or referenda, moratoria, and judicial decisions); and Litigation brought by a third party challenging the validity of this Agreement, an Entitlement or an existing Law.

Hazardous Materials means any substance, material or waste which is or becomes regulated by any Laws, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "acutely hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and SafetyCode, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated biphenyls, (viii) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. § 1317), (ix) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq. (42 U.S.C. § 6903), (x) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. (42 U.S.C. § 9601), (xi) Methyl-Tertiary Butyl Ether, or (xii) any other substance, whether in the form of a solid, liquid, gas or any other form whatsoever, which by any Laws either requires special handling in its use,

EXHIBIT A
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transportation, generation, collection, storage, handling, treatment or disposal, or is defined as "hazardous" or harmful to the environment.

Hospital Litigation means Owner’s lawsuit disputing the validity of certain City land use regulations on the Property limiting its use to hospital-related uses (USDC, Cen. Dist., Case No. 8116-cv-00852-DOC-JCG). Owner and City subsequently entered into that certain Settlement Agreement dated as of June 18, 2019 which settled the case under which City and Owner have certain obligations (as amended and modified from time to time) (“Settlement Agreement”).

Indemnitees means the City and its elected and appointed officials, employees, volunteers, agents, and representatives.

Indemnitor means, at the time of the accrual of any Liability (as defined in Section 15 of this Agreement) Owner or its successors in interest, whichever owns the Property and/or the Project, upon the date or dates on which such Liability shall have accrued.

Land Use Regulations means all ordinances, resolutions, codes, rules, regulations, official policies of the City adopted by ordinance or resolution governing the development and use of land, including, without limitation, the Development Agreement Ordinance and/or any other ordinance or resolution governing the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property and the design, improvement and construction standards and specifications applicable to the Development of the Project. Land Use Regulations does not include any City ordinance, resolution, code, rule, regulation or official policy governing:
(a) the conduct of businesses, professions, and occupations except subdivisions;
(b) taxes and assessments;
(c) the control and abatement of nuisances; and/or
(d) the exercise of the power of eminent domain.

Law means any official legislative or administrative enactment or decision of a governmental agency or decision or ruling of a court that binds the Parties. The term Laws includes but is not limited to, case law, constitutional provisions, statutes, ordinances, initiatives, resolutions, policies, orders, rules, and regulations. A matter is a Law regardless of whether it was imposed by a legislative body (such as the City Council or State Legislature), an administrative agency (such as the Public Utilities Commission), the electorate (as by initiative or referendum), court (by judgment, order or opinion), or any other official body (such as the Planning Commission), and regardless of whether it is federal, state, or local.

Legal Description means the description of the Property set forth in Attachment No. 1 of this Agreement, attached hereto and by this reference incorporated herein.

Liabilities is defined in Section 15 of this Agreement.

EXHIBIT A
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Litigation means all forms of judicial or quasi-judicial proceedings, including but not limited to complaints (for damages, declaratory relief, or otherwise), arbitrations, judicial references, petitions (for traditional mandate, administrative mandate, or otherwise), and appeals, no matter how denominated.

Material Change in the Project means any change in the Project as described in the Entitlements that the City determines would require preparation of a subsequent or supplemental environmental impact report or mitigated negative declaration in accordance with Sections 15162 and 15163 of Title 14 of the California Code of Regulations, and such subsequent or supplemental environmental impact report or mitigated negative declaration concludes that the impact from such change in the Project would result in a new significant adverse environmental impact or a substantial increase in the severity of previously identified significant impact, and such new impact cannot be mitigated to a less than significant level.

Ministerial Permits and Approvals means the permits, approvals, plans, inspections, certificates, documents, licenses, and all other actions required to be taken by the City in connection with the implementation of the Entitlements which merely require the City and/or any City Agency to determine whether there has been compliance with applicable, objective provisions of statutes, ordinances and/or regulations, including without limitation, building permits, public works permits, grading permits, encroachment permits and other similar permits and approvals.

The term Ministerial Permits and Approvals shall not include any Discretionary Actions.

Municipal Code means the City's Municipal Code.

Notice means any approval, disapproval, demand, appeal, document or other communication to be delivered to a Party or otherwise pursuant to this Agreement.

Owner means Saddleback Memorial Medical Center, a California non-profit public benefit corporation or its successors in interest in the Property and to this Agreement.

Parties means City and Owner.

Party means City or Owner as the context dictates.

Permits means all grading, building, and other permits required to be obtained by Owner prior to and as a condition precedent to the commencement of construction of the Private Improvements or the Required Public Improvements.

Planning Commission means the City's duly-appointed Planning Commission.

Private Improvements means the mix of commercial, residential, open space and ancillary uses that will be Developed on the Property as depicted on the Site Plan, which may be amended from time to time in accordance with this Agreement.

Processing Fees and Charges means all fees and charges required by the City uniformly in connection with review and approval of Entitlement applications, new construction, including, but not limited to, Project permits, building permit applications, building permits, grading permits, encroachment permits, tract maps, parcel maps, lot line adjustments, air right lots, street vacations,

EXHIBIT A
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certificates of occupancy and other similar permits. Processing Fees and Charges shall not include Development Impact Fees, Fair Share Fees or any exaction or impact fee.

Project means the Development of the Private Improvements and the Required Public Improvements pursuant to this Agreement.

Property means the real property legally described in Attachment No. 1 of this Agreement, attached hereto and by this reference incorporated herein.

Required Public Improvements means and includes all public improvements required as a condition of approval of the Project and/or required by the CEQA Compliance Documents approved for the Project, which are described in Attachment No. 4 of this Agreement, attached hereto and by this reference incorporated herein.

Reservation means the setting aside of land for future public use, without any legal right, title, or interest being conveyed other than the promise to convey an interest upon payment of fair market value for such land.

Reserved Powers means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to the City under Section 5 of this Agreement.

Site Plan means the Site Plan depicted in Attachment No. 3 of this Agreement, attached hereto and by this reference incorporated herein.

Special Review is defined in Section 12.2 of this Agreement.

State means the State of California.

Term is defined in Section 9.2 of this Agreement.

2. Obligations Under the Settlement Agreement and Development of the Property. During the Term, Owner shall have the vested right to develop the Project at the Property as provided for in Section 4.1 of this Agreement and in accordance with the terms, provisions and conditions of this Agreement.

2.1 Waiver of Right to Settlement Agreement Payments. Upon approval of the Entitlements vested in accordance with this Agreement and following the running and expiration of any applicable period of administrative, arbitrative, judicial or electoral action, appeal, suit challenge, referendum, initiative, moratorium, vote, ballot or plebiscite that could be initiated or brought by any person or entity with respect to any of the Entitlements without the initiation, bringing, filing, notice, service, qualification or other commencement of any such action, appeal, suit, challenge, referendum, moratorium, initiative, vote, ballot or plebiscite, each of the foregoing in accordance with applicable Law and so long as none of the Entitlements shall have been revoked or modified without the written consent of Owner, which consent may be withheld in Owner’s sole and absolute discretion, and Ownershall otherwise be entitled to develop the Project in accordance with this Agreement (whether or not any revocation, modification or inability to develop and operate the Property in accordance with this Agreement is caused by the exercise or existence of any of the Reserved Powers), Owner shall be deemed to have waived its right to

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receive any amount from City for costs incurred to maintain and secure the Property and the facilities thereon up to Fifteen Thousand Dollars ($15,000.00) per month, whenever accruing, under Section 2(c)(4) of the Settlement Agreement.

2.2 Uses. Development of the Property shall occur in accordance with the Applicable Land Use Regulations, which uses shall include 250 senior housing units for persons qualifying under Civil Code Section 51.3(b)(1), (2) and (3) for occupancy of a senior citizen housing development (one (1) of which is a manager unit, and twenty (20) of which must be rented to very low income household seniors) and a medical office building.

2.3 Intensity. Permitted density and intensity of use vested hereby shall be the maximum permitted by the Applicable Land Use Regulations, specifically 250 senior residential units (one a manager’s unit, and 20 units for very low income households) on a 6.16 acre parcel resulting in density of 40.6 units per acre, and Building 3 consisting of 7,500 square feet of medical office on a 0.47 acre parcel resulting in 0.36 floor area ratio.

2.4 Size and Design. The maximum height and size of buildings vested hereby shall be as set forth in the Applicable Land Use Regulations, specifically Building 1 consisting of 90,473 square feet of residential with height up to 51’-9” feet (a partial 3- and 4-story, see plans for details) and Building 2 consisting of 141,150 of residential with height up to 49’-5” feet (a partial 3- and 4-story, see plans for details), and Building 3 consisting of 7,500 square feet of medical office with a maximum height of 31’-0”.

2.5 Description of the Development. Development of the Project at the Property shall be in accordance with all Applicable Rules and any and all other documents submitted by Owner and approved by the City as set forth herein; provided, however, nothing contained herein shall be deemed or construed as requiring Owner to construct the Private Improvements, which may be constructed or not in accordance with Owner's complete and absolute discretion. In connection with and as a condition of approval for the Development of the Project, except as provided in Section 3.4 of this Agreement, Owner will be required to construct the Required Public Improvements in connection with the Private Improvements. All construction on the Property shall adhere to the Building Codes in effect at the time a Building Permit is approved for such construction.

This Agreement, the Entitlements and the Development of the Project have been determined to be consistent with the current City’s General Plan, the existing zoning restrictions affecting the Property and all other ordinances, policies and standards of the City in effect as of the Effective Date of this Agreement, along with exceptions permitted in accordance with City regulation and policy, and along with concessions permitted in accordance with State Density Bonus Law, all of which shall govern Development of the Project for the Term. No moratorium, whether adopted by the City or by initiative or referendum, shall apply to the Project for the entire Term.

During the Term, to the extent there is a conflict between this Agreement and any amendments to the City’s General Plan, zoning requirements, other Land Use Regulations or moratoria, whether adopted or imposed by the City or the electorate of the City by initiative or referendum, affecting Development of the Project, this Agreement shall control and supersede all such amendments.

2.6 Issuance of Building Permits. No building permit or certificate of occupancy shall be withheld from Owner if Owner has complied with the requirements of this Agreement. If necessary, the City shall use reasonable, good faith efforts to process in a prompt

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and timely manner any other Entitlements that are necessary for the completion of construction and occupancy of the Project, or any portion thereof.

2.7 Timing of Development. Owner shall obtain all Entitlements at its own cost for approval of the Project. City warrants that the City’s General Plan and Zoning Code permit Development of the Project, and operation, and use of the Project, subject only to (i) those Development approvals yet to be obtained, if any; provided, however, that it is expressly understood by the parties hereto that City makes no representations or warranties with respect to approvals required by any other governmental entity and, except as otherwise provided in this Agreement, City hereby reserves full police power authority over the Project. In order to avoid the result in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), Owner shall have the right, in the exercise of its sole and absolute discretion and subjective business judgment, to develop the Project in accordance with this Agreement at such rates and at such times as Owner deems appropriate.

2.8 Tentative Subdivision Maps. With respect to applications by Owner for approval of tentative subdivision maps for the Property, Owner may file and process vesting tentative maps in accordance with Government Code Section 66498.1, et seq., and the applicable provisions of City's Subdivision Code in effect on the Effective Date.

2.9 Water Supply and Sanitary Sewer Service Infrastructure. The City shall provide sufficient water, if available, and water delivery and sanitary sewer service infrastructure to serve the entire Project. Consistent with Government Code Sections 65864 and 66473.7, proof of the availability of a sufficient water supply shall be requested by the subdivision applicant or local agency, at the discretion of the local agency, and shall be based on written verification from the applicable public water system within 90 days of a request.

2.10 Affordable Housing.

2.10.1 Development of Affordable Housing Units. Owner shall construct or cause to be constructed eight percent (8%) of the residential units developed with the Project (twenty (20) of the residential units) as rental dwelling units affordable to very low income households, as defined Health and Safety Code Section 50105, (“Affordable Unit(s)”), which shall be built within the Property and completed and ready for occupancy (as evidenced by the issuance of certificates of occupancy) according to the phasing plan contained in the Affordable Housing Agreement described below. The unit mix for these Affordable Units shall consist of studios, one bedroom and two bedroom units. Owner shall require any operator or manager of the Affordable Units to screen all tenants for eligibility with the affordable housing income requirements described in this Section 2.8.1 and certify compliance with same to the City and perform annual income recertification of all tenants of the Affordable Units. Following such annual certification, Owner shall advise City of the occupancy of the Affordable Units by delivering a “Certificate of Continuing Program Compliance” in a form to be approved by the City Attorney certifying: (i) the income of each household occupying an Affordable Unit; (ii) the number of Affordable Units in the Project which were occupied or deemed occupied by a individuals or families meeting the above income requirements, separated by each income level, during such period; (iii) the number of months during which each Affordable Unit was occupied; and (iv) any other reasonable requirement imposed by City to assure compliance with the provisions of this Section 2.10.1, as may be further described in the approved covenants required by Section 2.10.2 of this Agreement.

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2.10.2 Affordable Housing Agreement. Prior to issuance of any grading or building permit, whichever comes first, Owner and City shall enter into an affordable housing agreement governing each Affordable Unit or complex of Affordable Units (“Affordable Units Complex”) to (1) include a phasing plan identifying that the market rate units will be issued occupancy approvals concurrent with or after the date on which affordable units are issued occupancy approvals and (2) maintain the mix of affordable units for fifty-five (55) years, (3) to impose maximum occupancy limits of 2 occupants per bedroom plus 1 additional occupant per dwelling unit, and (4) to properly maintain each Affordable Unit. The agreement shall further require the manager and operator of the Affordable Units Complex to maintain such Affordable Units Complex in good condition and repair at all times, provide adequate security, and impose leasing conditions on all tenants to maintain each Affordable Unit and the Affordable Units Complex free of any criminal activity, including but not limited to, drug-related criminal activity, on or near the Affordable Units or Affordable Units Complex. “Drug-related criminal activity” means the illegal manufacture, sale, storage, distribution, use, or possession with intent to manufacture, sell, distribute, or use a controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802). The terms of such agreement requiring each Affordable Unit and the Affordable Units Complex to be free of criminal activity shall further provide that violation of such requirements shall be a material violation of the lease of an Affordable Unit and good cause for immediate termination of the tenancy.

2.11 Master Maintenance Association. In the event the individual residential units within the Project, or any portion thereof, will be offered for sale, prior to recordation of the first final subdivision map for the residential portion of the Project, Owner shall provide draft covenants, conditions and restrictions (“CC&Rs”) for the residential portion of the Project to be offered for sale to the City in a form and substance reasonably acceptable to City’s Community Development Director and City Attorney for approval. The final approved CC&Rs shall be recorded with the Orange County Recorder’s Office. The CC&Rs shall provide that a master homeowners association shall be created and provisions made to adequately fund in perpetually maintenance in good condition and repair all common, park, recreation, parking and open space areas within the Project. The master homeowners association shall have the authority to transfer maintenance obligations to Project component homeowners associations in a form and substance reasonably acceptable to the City’s Community Development Director and City Attorney.

Additionally, prior to recordation of the first final subdivision map for a commercial development within the Project containing more than one commercial unit, Owner shall provide draft CC&Rs to the City in a form and substance reasonably acceptable to the City’s Community Development Director and City Attorney for the perpetual, full and adequate maintenance in good condition and repair all common areas within any such complex of commercial units. The final Community Development Director and City Attorney-approved CC&Rs shall be recorded with the Orange County Recorder’s Office.

2.12 Compliance with Laws. Owner shall carry out the design and construction of the Project in conformity with all Land Use Regulations and applicable Laws to the extent they do not conflict with the Applicable Rules.

2.12.1 Public Works Requirements. To the extent Owner elects to construct the Required Public Improvements and Owner receive Development Impact Fee credit for same pursuant to Section 2.11.2 of this Agreement, Owner shall design and construct the

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Required Public Improvements in conformity with all applicable Laws (including, without limitation, with respect to the Required Public Improvements only, and not the Private Improvements, the requirements under California Law to pay prevailing wages and to hire apprentices and all applicable public bidding requirements) (collectively "Labor Laws"). The City and Owner acknowledge and agree that, due to the provision of reimbursements by the City for the Required Public Improvements, the construction and installation of the Required Public Improvements shall be considered "public works" pursuant to Labor Code Section 1720, et seq.

Owner hereby agrees that, with respect to Owner's construction and installation of the Required Public Improvements, Owner and its contractors and subcontractors shall pay prevailing wages and employ apprentices in compliance with Labor Code Section 1770, et seq., and shall be responsible for the keeping of all records required pursuant to Labor Code Section 1776, complying with the maximum hours requirements of Labor Code Sections 1810 through 1815, and complying with all regulations and statutory requirements pertaining thereto. Upon the periodic request of the City, Owner shall certify to the City that it is in compliance with these requirements.

Nothing herein shall be deemed to make any part of the Project other than the Required Public Improvements a public work.

2.12.2 Reimbursement of City Development Impact Fees. To the extent that Owner constructs a Required Public Improvement for which a Development Impact Fee is otherwise imposed, Owner shall be eligible to receive a fee credit against the Development Impact Fee imposed on the Project for the same type of public facility so constructed.

3. Development Exactions.

3.1 Reservations, Dedications, and Improvements. Reservations and Dedications of land and the provision of Required Public Improvements for public purposes shall be only those required by this Agreement.

3.2 Owner's Obligation to Pay Fees. Upon issuance of each Building Permit for the Private Improvements, Owner shall pay all required Development Impact Fees (subject to the provisions of Section 3.3 of this Agreement), Fair Share Fees (fees assessed by City for Required Public Improvements, the cost of which is shared by other private and governmental entities), Processing Fees and Charges imposed by the City all other fees and charges imposed by all other governmental agencies with jurisdiction over the Property or the Project within the time and in the manner prescribed by such agency and Owner shall receive such credits and/or reimbursements for Required Public Improvements constructed in accordance with the applicable provisions set forth in the Municipal Code and this Agreement.

3.3 Development Impact Fees. Development of the Project shall be subject to all Development Impact Fees imposed by the City in accordance with the applicable provisions of the Municipal Code or other City Council enactment; provided, however, City shall impose only those Development Impact Fees required to be paid and in the amount established by City as of the Effective Date. As further set forth in Sections 5.8 and 5.10 of this Agreement, nothing in this Agreement is intended to prevent the assessment of fees or other exactions by any governmental entity not affiliated with City.

3.4 Provision of Real Property Interests. Subject to the provisions of this Section 3.4, in any instance where Owner is required to construct Required Public Improvement

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on land not owned by Owner, City shall, at its sole cost and expense, provide or cause to be provided, the real property interests necessary for the construction of such Required Public Improvements. To the extent real property owned by the City as of the Effective Date is needed for right-of-way for Required Public Improvements, the City shall Dedicate such property for public right-of-way at no cost to Owner unless prevented from doing so by applicable Laws. Owner shall construct all Required Public Improvements as contemplated by Attachment No. 4 of this Agreement; provided, however, Owner's obligations with respect to Required Public Improvements on such public right-of-way shall be conditioned upon City providing access to the public right-of-way as required to fulfill Owner's obligations under this Agreement. If Owner is unable to obtain such required right of way, Owner shall request that the City obtain such required right-of-way (at City's sole cost and expense) subject to the time limitations set forth in Government Code Section 66462.5. Thereafter, the City shall use good faith efforts to obtain such required right-of-way. Nothing herein shall obligate the City to pursue eminent domain proceedings to acquire such public right-of-way. In the event City is unable to obtain the right-ofway necessary to construct and install a Required Public Improvement, the condition of approval or other requirement to construct and install such Required Public Improvement shall be waived by City.

4. Vested Rights. The following provisions shall apply to the Project until the expiration of the Term:

4.1 Project Entitlements/Density. Owner is hereby granted the vested right to Development of the Project in accordance with this Agreement including, but not limited to, the Applicable Rules, subject only to the terms, provisions and conditions hereof.

4.2 Enforcement. Except to the extent this Agreement has been amended, modified, suspended or terminated in accordance with its terms, this Agreement shall be enforceable by either Party notwithstanding any change in any Applicable Land Use Regulations.

5. Reserved Powers. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the Development of the Project as and to the extent that such regulations apply generally to similar developments proposed or approved within the City:

5.1 Processing Fees and Charges. The City's Processing Fees and Charges at the rates in effect when each application and decision subject thereto is deemed complete.

5.2 Procedural Regulations. Procedural regulations related to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and/or any other matter of procedure so long as such procedural regulations are uniformly and consistently applied by the City in a non-discriminatory manner.

5.3 Uniform Building Codes. Written regulations, policies and rules governing objective engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all Building Codes and similar codes adopted by the City and any local amendments to such codes adopted by the City.

5.4 Police Power. Any City ordinance, resolution, regulation, or official policy which is reasonably necessary to protect persons on the Property and in the community, or both, from conditions dangerous to their health, safety, or both, shall apply to the Project

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notwithstanding that the application of such ordinance, resolution, regulation, or official policy which would result in the impairment of Owner's vested rights under this Agreement. Any such regulations must constitute a valid exercise of the City's police power, applied and enforced in a uniform, consistent and non-discriminatory manner and must be applied and construed so as to provide the Owner, to the maximum extent possible, with the rights and assurances provided under this Agreement.

5.5 Non-Conflicting Ordinances, Regulations and Official Policies. Written regulations approved by the City that are not in material conflict with the Applicable Rules and do not materially and adversely impact Development of the Project. Any ordinance, regulation or policy adopted after the Effective Date, whether adopted by initiative or otherwise, limiting the rate or timing of Development of the Property or impacting and/or increasing any Development Exaction shall be deemed to materially conflict with the Applicable Rules and shall therefore not be applicable to Development of the Project.

5.6 Conflicting Ordinances, Regulations and Official Policies. Ordinances, regulations and official policies approved by the City that are in material conflict with the Applicable Rules shall be applicable and binding upon Owner and the Project only if Owner has given its written consent to the application of such Ordinances, regulations and official policies to Development of the Property and/or the Project.

5.7 End Users. Ordinances, regulations and official policies of the City that impose, levy, alter or amend fees, charges, or Land Use Regulations relating solely to postDevelopment conduct of consumers or end users of Development on the Property, so long as the City applies and enforces such ordinances, regulations and official policies in a uniform, consistent and non-discriminatory manner and such enactments do not impair Owner's vested rights to Develop or operate the Project.

5.8 Laws. Laws of the state and/or federal governments, including those of regional agencies or departments such as the Regional Water Quality Control Board, which override Owner's vested rights set forth in this Agreement shall apply to the Project and the Property, together with any City ordinances, resolutions, regulations and official policies to the extent necessary to enable the City to comply with such overriding Laws; provided, however, that (i) Owner does not hereby waive its right to challenge or contest the validity of any Laws; and (ii) in the event that any such Law (or City ordinances, resolutions, regulations or official policies adopted or enacted pursuant thereto) prevents or precludes compliance with one or more provisions of this Agreement, the Parties shall negotiate in good faith the amendment or suspension of such provisions of this Agreement to ensure the minimal necessary interference with Owner's rights hereunder; provided, however, that no Party shall be bound to approve any amendment to this Agreement unless this Agreement is amended in accordance with the procedures applicable to the adoption and amendment of development agreements as set forth in the Development Agreement Act, the Development Agreement Ordinance, and this Agreement and each Party retains full discretion with respect thereto.

5.9 Immediate Threat. If the City Council finds that there is a severe and immediate threat to the health or safety of the City's residents due to the Development of the Project, the City may unilaterally suspend this Agreement for a period not to exceed the time required for notice and a public hearing before the City Council to determine whether suspension

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of this Agreement shall be extended; provided, however, that all applicable time limits set forth herein shall be extended for any such period of suspension, including, but not limited to, the Term.

5.10 Regulation by Other Public Agencies. The Parties acknowledge that other public agencies, not within the control of the City, may possess authority to regulate aspects of Development of the Project and the Property separately from the City. This Agreement does not limit the authority of such other public agencies. Nothing contained in this Agreement shall be construed as limiting, in any way, the authority of the City to impose on the Project any new or increased development impact fees or other fees or charges imposed by any other public agency with jurisdiction over the Property or Project, but collected by the City.

6. Amendments. This Agreement may be amended or terminated in whole or in part only in the manner provided for in Government Code Section 65868, the Development Agreement Ordinance and this Agreement. This provision shall not limit any remedy of the City or Owner as provided by this Agreement.

6.1 Material Changes. Owner may request amendments to the Entitlements without risk to any rights that have vested pursuant to this Agreement. Any such requested changes shall be subject to the City's standard and generally applicable review and approval procedures then in effect; provided, however, only a Material Change in the Project shall require an amendment to this Agreement. The City may condition such Material Change approval to ensure compliance with CEQA.

6.2 Operating Memoranda. This Agreement requires a close degree of coordination between the City and Owner. Refinements of planned Development of the Property may demonstrate that clarifications are appropriate with respect to the details of the City's and Owner's performance under this Agreement. City and Owner may effectuate such clarifications through operating memoranda approved by both Parties which, after execution, shall be attached hereto and made a part of this Agreement. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice and hearing pursuant to Section 6 of this Agreement. Upon the City Attorney’s reasonable approval, the City Manager may execute any operating memoranda without City Council action.

6.3 Nature of Change in Law. The provisions of this Agreement shall apply to the Development of the Project regardless of whether a change in the Entitlements is the result of the City Council or voter action, whether by initiative or referendum. The Parties intend hereby to avoid the result in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984) as provided in Section 2.6 of this Agreement.

7. Owner Obligations.

7.1 Compliance With Law. Owner shall comply with all Laws and the Entitlements.

7.2 Nature of Dedications. All Dedications made by Owner to the City shall be made free and clear of liens and encumbrances, other than easements or restrictions that in the reasonable determination of the City do not preclude or interfere with the dedicated purpose.

7.3 Processing Fees. Owner shall pay all Processing Fees and Charges

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pursuant to the fee schedules in effect at the time of application for such City approval. Owner shall also pay any additional third party, out-of-pocket costs reasonably incurred by the City for expedited processing requested by Owner.

7.4 Costs of City Actions. Owner shall pay all third party, out-of-pocket costs City reasonably incurs as authorized by and in furtherance of this Agreement within thirty (30) calendar days following receipt of appropriate documentation (including, for example, invoices) showing such costs. Such costs include, but are not limited to, the City's out-of-pocket, third party costs incurred to in connection with the City's efforts to seek assistance from other governments pursuant to Section 8.3 of this Agreement; and monitoring and review costs pursuant to Section 12 of this Agreement.

7.5 Obligation to Construct the Required Public Improvements.

Notwithstanding anything to the contrary contained in this Agreement, (i) nothing contained in this Agreement shall be deemed or construed as creating any obligation on Owner to construct the Required Public Improvements unless and until the date the City issues a Building Permit(s) for the Private Improvements ("Building Permit Date"); and provided, further, prior to the Building Permit Date, Owner shall not be deemed to be in Default under this Agreement for the failure to commence construction of the Required Public Improvements for the Project. Until the Building Permit Date, or at any time after the completion and acceptance of the Required Public Improvements, Owner shall have the absolute right, exercisable upon the delivery of written notice to the City, to terminate this Agreement, in which event (i) Owner shall reimburse the City for all out-of-pocket third party costs actually incurred by the City in connection with and as required by this Agreement prior to the delivery of such termination notice; and (ii) the City shall execute and deliver to Owner for recordation a notice of termination of this Agreement, and thereafter this Agreement shall be of no further force or effect and neither Party shall have any further obligations hereunder.

8. City Obligations.

8.1 Processing. The City shall accept and process all completed applications for Permits for the Project in accordance with its standard policies and procedures applicable to all applications for Permits and in accordance with the Permit Streamlining Act (Gov. Code § 65920, et seq.).

8.2 Review. The City shall provide sufficient staff to review compliance with this Agreement.

8.3 Assistance From Other Governments. The City shall use reasonable good faith efforts to seek, assist and cooperate with Owner in seeking all of the following as requested by Owner for Development of all or any part of the Project:

8.3.1 Necessary permits under the jurisdiction of or issued by the state or federal governments or any instrumentalities thereof.

8.3.2 Available tax benefits from the state or federal governments, including but not limited to affordable housing tax incentives and credits, sales tax exemptions and other tax benefits.

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8.3.3 Available grants, loans, proceeds of bond issues and subsidies from the state or federal governments for affordable housing and other portions of the Project.

8.4 Mitigation Fee Act. The City shall comply with Government Code Section 66006 with respect to any fee it receives or cost it recovers pursuant to Development of the Property.

8.5 Recordation of Agreement. The City Clerk shall file this Agreement for recordation with the County Recorder of the County of Orange within ten (10) days after the Effective Date and execution of this Agreement by City and Owner. In connection with the expiration of the Term or any earlier termination of this Agreement, the City shall execute and deliver to Owner a recordable notice of termination of this Agreement in form and substance reasonably acceptable to Owner.

9. Term.

9.1 Commencement. This Agreement shall become effective on the Effective Date.

9.2 Duration. Unless terminated earlier pursuant to another provision hereof, the term this Agreement shall commence on the Effective Date and be in full force and effect until the twentieth (20th) anniversary of the Effective Date (“Term”). All Entitlements shall be valid and vested for the Term.

9.3 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:

9.3.1 Automatic Termination. If not previously terminated in accordance with this Agreement, this Agreement shall automatically terminate and be of no further force or effect upon completion of the Project in accordance with the terms, provisions and conditions of this Agreement and any further amendments thereto and the issuance of all occupancy permits and acceptance by the City of all dedications and improvements required by Development of the Project.

9.3.2 Expiration. Expiration of the Term.

9.3.3 Final Judgment. Entry of a final judgment setting aside, voiding or annulling the adoption of the Enabling Ordinance.

9.3.4 Referendum. The timely adoption of a referendum measure overriding or repealing the Enabling Ordinance. Owner acknowledges that, pursuant to Article 2, Section 11 of the California Constitution and California Elections Code Section 9235, et seq. (collectively, the "Referendum Laws"), the electors of the City may, within thirty (30) days after adoption of the Enabling Ordinance, file a petition in accordance with Elections Code Section 9237 to require the City to either repeal the Enabling Ordinance or hold an election to obtain voter approval of such and this Agreement. In the event a valid referendum petition challenging adoption of the Enabling Ordinance is timely filed in accordance with the Referendum Laws, the City shall submit the Enabling Ordinance to the voters for approval in accordance with the Referendum Laws.

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9.3.5 Termination Based on Default. Termination of this Agreement based on any material Default of any Party (except as otherwise provided in this Agreement) after complying with the termination proceedings required by this Agreement.

9.3.6 Termination Under Section 7.5. Termination of this Agreement pursuant to Section 7.5 of this Agreement.

9.4 Effect of Agreement on Title. The Parties shall record an appropriate release upon termination of this Agreement as to all or any part of the Property, in form and substance acceptable to Owner.

9.5 Force Majeure Extensions. The Term of this Agreement and the time for performance by either Party of any of its obligations hereunder shall be extended by the period of time that a Force Majeure event exists. Such delay shall not be deemed to be a Default. In addition, the Term of this Agreement shall be extended day-for-day by delays arising from the pendency of Litigation relating to this Agreement or to the Development contemplated hereby. There shall be no extension for Force Majeure unless the Party claiming that a Force Majeure event exists shall give notice thereof to the other Party within thirty (30) days of actually learning of a Force Majeure event.

10. Financing, Transfer, and Assignment.

10.1 Right to Encumber. Owner may, in its sole and absolute discretion, obtain or allow one or more Encumbrances. Unless otherwise required by Law, neither entering into nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any Encumbrance made in good faith and for value. In connection with any Encumbrance, the City shall execute and deliver to a Financier of any Encumbrance an estoppel certificate as requested by such Financier in accordance with Section 13.8 of this Agreement.

10.2 Mortgagee Protection. This Agreement shall be superior and senior to the lien of any Encumbrance. Notwithstanding the foregoing, no breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any Encumbrance made in good faith and for value, and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof, or to this Agreement, by a Financier (whether pursuant to foreclosure, lease termination or otherwise) shall upon written election by the Financier within sixty (60) days after receipt of such right, title or interest, be subject to all of the terms and conditions of this Agreement and any such Financier who takes title to the Property or any portion thereof, or to this Agreement, shall also be entitled to the rights and obligations arising under this Agreement.

10.3 Financier Not Obligated. Notwithstanding the provisions of this Section 10, a Financier will not have any rights, obligations or duties pursuant to the terms set forth in this Agreement to perform the obligations of Owner or other affirmative covenants of Owner hereunder or to guarantee such performance, unless such Financier expressly assumes the rights and obligations of the Owner and except that (a) the Financier shall, upon written election by the Financier within sixty (60) days after receipt of such right, title or interest, have no right to develop the Project without materially complying with the terms of this Agreement, and (b) to the extent that any covenant to be performed by Owner is a condition to the performance of any covenant by

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the City, the performance thereof by Owner or Financier or any other person or entity shall continue to be a condition precedent to the City’s performance hereunder. If a Financier so expressly assumes the rights and obligations of the Owner under this Agreement, such Financier shall not be liable for any interest, penalties, fines or any damages from any breach or default accruing prior to the date or such notice. Although not obligated to do so, upon written election by the Financier within sixty (60) days after receipt of such right, title or interest, any Financier may do any act or thing required of Owner hereunder, and do any act or thing which may be necessary and properly done in the performance and observance of the agreements, covenants and conditions hereof to prevent termination of this Agreement in accordance with Section 10.4 below. Any Financier and its agents and contractors shall have full access to the Property for purposes of accomplishing any of the foregoing. Any of the foregoing done by any Financier shall be as effective to prevent a termination of this Agreement as if the same would have been done by the Owner.

10.4 Notice of Default to Financier; Right of Financier to Cure. Each Financier shall, upon written request to City be entitled to receive written notice from City of the result of the Annual Review and of any default by Owner of its obligations set forth in this Agreement simultaneously with the delivery of such notices to the Owner. Each Financier shall have the right, but not an obligation, to cure such default within ninety (90) days after receipt of such notice or, if such default can only be remedied or cured by such Financier upon obtaining possession of the Property, such Financier shall have the right to seek or obtain possession with diligence and continuity through a receiver or otherwise, and to remedy or cure such default within ninety (90) days after obtaining possession, and, except in case of emergency or to protect the public health or safety as determined by the City in its reasonable discretion, City may not exercise any of its remedies set forth in this Agreement until expiration of such ninety (90) day period whether commencing upon receipt of notice or upon obtaining possession of the interests covered by a Encumbrance, as applicable; provided, however, that in the case of a default which cannot reasonably be remedied or cured or the remedy or cure of which cannot be commenced within such ninety (90) day period, the Financier shall have such additional time as is reasonably necessary to remedy or cure such default. Any notice of termination delivered in violation of this Section 10.4 shall be rendered void. In any case where, sixty (60) days after receipt by the Financier of the notice of the Owner’s default, the holder of any Encumbrance creating a lien or encumbrance upon the Property, or any part thereof, has not exercised the option to cure, or, if it has exercised the option, is not proceeding diligently with the cure, the City may proceed with termination of this Agreement and any further obligations of City hereunder.

10.5 Bankruptcy. Notwithstanding the foregoing provisions of this Section 10, if any Financier is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof by any injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Owner, the times specified in Section 10.4 for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. In addition, if this Agreement is rejected or otherwise terminated in connection with any such proceeding, then upon the request of any Financier, a new development agreement upon the same terms and conditions set forth in this Agreement shall, at the election of Financier, be entered into between such Financier and City.

10.6 Termination Subject to Financier’s Rights. All rights of City to terminate this Agreement, vis-a-vis the Financier, as a result of the occurrence of any default shall be subject

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to, and conditioned upon, City having first given to each Financier written notice of the default as required under Section 10.4 above, and all Financiers having failed to remedy such default or acquire Owner’sinterests hereunder, or having failed to commence foreclosure or other appropriate proceedings in the nature thereof as set forth in Section 10.4 above.

10.7 No Cancellation. There shall be no cancellation, surrender or modification of this Agreement by joint action of the Parties without a minimum of ninety (90) days prior written notice to each Financier who has requested such notice.

10.8 Notice. Owner and/or any Financier shall have the right to give notice to the City of the existence of an Encumbrance. Thereafter, the City shall serve each Financier with copies of all Notices given to Owner pursuant to this Agreement.

10.9 Transfer or Assignment. Subject to Section 10.10, Owner shall have the right to sell, transfer, or assign its rights and obligations under this Agreement (collectively, an “Assignment”) in connection with a transfer of Owner’s interest in all or any portion of the Property or Owner’s lease of all or substantially all of the residential or commercial portions of the Property, or both, each as designated by the Applicable Rules (such interest transferred or leased, the “Transferred Property”). No Assignment shall be made unless made together with the sale, transfer, lease or assignment of all or part of the Property. Any mortgage, deed of trust, or other form of conveyance for financing of the Project (other than a lease of the type described in the first sentence of this Section 10.9) shall not be considered an Assignment for purposes of this Section 10.9. Within fifteen (15) business days after any Assignment, Owner shall notify City in writing of the Assignment and provide City with an agreement, in a form reasonably acceptable to City, executed by the purchaser, transferee, lessee or assignee (collectively, the “Assignee”) to expressly and unconditionally assume all duties and obligations of Owner under this Agreement.

10.10 Effect of Assignment. Subject to Section 10.9, upon an Assignment the Assignee shall be liable for the performance of all obligations of Owner with respect to Transferred Property, but shall have no obligations with respect to the portions of the Property, if any, not transferred or leased (the “Retained Property”). The owner or lessee of the Retained Property shall be liable for the performance of all obligations of Owner with respect to Retained Property, but shall have no further obligations or Liabilities (as defined in Section 15 of this Agreement) with respect to the Transferred Property. The Assignee’s exercise, use and enjoyment of the Property shall be subject to the terms of this Agreement to the same extent as if the Assignee were the Owner.

10.11 City’s Consent to Assignment. The City’s consent shall not be required to an Assignment unless, at the time of the Assignment, Owner has been determined to be in default of this Agreement and the default has not been cured. If Owner is in default, City shall consent to any Assignment which provides adequate security to City, in the reasonable exercise of City’s discretion, to guarantee the cure of the default upon completion of the Assignment.

11. Binding Effect.

11.1 Entirety of Property. Except as otherwise provided in this Agreement, all of the Property shall be and remain subject to this Agreement throughout the Term unless sooner terminated in accordance with this Agreement.

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11.2 Property and Agreement Remain Linked. Owner shall have the right to sell, transfer, lease or assign the Property or any portion thereof and its rights under the Agreement.

However, except as otherwise provided in this Agreement, any person acquiring any interest in the Property shall do so subject to this Agreement. Conversely, no sale, transfer, lease or assignment of any right or interest under this Agreement shall be made unless made together with a corresponding sale, transfer, lease or assignment as to the Property or any portion thereof. If less than all of the Property is sold or leased, the purchaser or lessee of that portion of the Property shall be responsible for all Development related to the acquired portion, including Development Exactions and the Required Public Improvements applicable to that portion of the Property or Project acquired by such purchaser or lessee, and the original Owner (or its successors as to the entire Property) shall remain responsible for all such matters outside such portion of the Property or Project unless such obligations are (i) assigned by Owner; (ii) assumed by the purchaser or lessee as documented in writing; or (iii) no longer applicable because such obligations have been completed prior to the date of such transfer; provided, however, the obligations of Owner under this Agreement shall not apply to the purchaser or lessee of any portion of the Property where Development has been completed.

11.3 Binding on Financiers. This Agreement shall bind all Financiers and every owner of the Property, or part thereof, whose title is acquired by foreclosure or deed-in-lieu of foreclosure; provided, however, such Financier and their respective successors and assigns shall not be liable for any interest, penalties, fines or any damages from any pre-foreclosure (or deedin-lieu of foreclosure) Default accruing prior to the date such party takes title to the Property or any portion thereof through completion of a foreclosure action or execution and delivery of a deedin-lieu of foreclosure.

12. Compliance Review.

12.1 Annual Review. This Agreement shall be subject to annual review ("Annual Review") by the City pursuant to the applicable provisions of the Municipal Code on or before each anniversary of the Effective Date and/or conduct a Special Review, as described in Section 12.2 of this Agreement, in order to ascertain the good faith compliance by Owner with the terms, provisions and conditions of this Agreement. Within thirty (30) days of receipt of written notice from the City Manager of the City's intent to conduct a Special Review and/or Annual Review, Owner shall submit a report, in a form reasonably required by the City Manager, describing its compliance with this Agreement during the immediately preceding twelve (12) month period.

12.2 Special Review. A Special Review of compliance with this Agreement may be made either by agreement of the Parties or by initiation in one or more of the following ways:

12.2.1 City Manager. Recommendation of the City Manager, based on an alleged default of Owner;

12.2.2 City Council. Action of the City Council.

12.3 Procedure for Annual Review and/or Special Review. With respect to either Annual Review or Special Review, the provisions of the applicable provisions of the

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Municipal Code shall be followed.

12.4 Certificate of Agreement Compliance. If, at the conclusion of an Annual Review or Special Review, Owner is found to be in compliance with this Agreement, the City shall, upon request by Owner, issue a Certificate of Agreement Compliance ("Certificate") to Owner (and any Financier) stating that, after the most recent Annual Review or Special Review and based upon the information known or made known to the City Manager and City Council that (i) this Agreement remains in full force and effect; and (ii) Owner is not in Default under this Agreement. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after an Annual Review or Special Review and shall state the anticipated date of commencement of the next Annual Review. Owner may record the Certificate with the County Recorder of the County of Orange.

12.5 Failure by the City. The failure of the City to conduct any Annual Review shall not constitute a Default under this Agreement, affect Owner's obligations hereunder, or render this Agreement or any portion thereof invalid or void.

13. Default.

13.1 Default by Owner. Owner shall be in Default under this Agreement if it does any or any combination of the following and does not cure the same within the applicable Notice and cure period, if any, set out below:

13.1.1 Fraud. Practices any intentional fraud or deceit upon the City, as reasonably determined by the City Council, in which case no right to cure shall apply; provided, however, Owner shall be given prior Notice of such determination and the opportunity to respond to any allegations at a duly noticed public hearing before the City Council at which evidence may be submitted and testimony received.

13.1.2 Material Default. Fails to cure a material Default of this Agreement of the type described in this Section 13.1.2 within the time required by this Agreement following a written notice of Default from the City to Owner. With respect to any payment default involving an obligation to pay money to the City, such cure period shall be fifteen (15) Business Days following Owner's receipt of written notice from the City of failure to pay when due, and with respect to all other events of Default, such cure period shall not be less than thirty (30) calendar days from Owner's receipt of written notice from the City; provided, further, if a Default not involving the payment of money to City cannot reasonably be cured within such thirty (30) day period, then Owner shall not be deemed in Default under this Agreement if Owner commences such cure within such thirty (30) day period and thereafter diligently pursues such cure to completion within a reasonable period of time.

13.2 Default by the City. The City shall be in Default under this Agreement only if it fails to cure a material breach of this Agreement within the time set forth in a written notice of Default from Owner to the City; provided, however, with respect to any payment Default, such cure period shall not be less than fifteen (15) Business Days following the City's receipt of written Notice from Owner, and with respect to all other events of Default, such cure period shall not be less than thirty (30) calendar days following the City's receipt of written Notice from Owner; provided, further, if such Default cannot reasonably be cured within such thirty (30) day period,

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then the City shall not be deemed in Default under this Agreement if the City commences such cure within such thirty (30) day period and thereafter diligently pursues such cure to completion within a reasonable period; provided, further, the Term and the time for Owner's performance of its obligations hereunder shall be extended on a day-for-day basis during such cure period to the extent Owner is actually prejudiced by the City's Default hereunder.

13.3 Notice of Default. A Party alleging a Default shall serve written notice thereof on the other Party. Each such notice shall state with specificity all of the following:

13.3.1 Nature of Default. The nature of the alleged Default.

13.3.2 Manner of Cure of Default. The manner in which the alleged Default may be satisfactorily cured.

13.3.3 Time to Cure Default. Subject to the provisions of Sections 13.1 and 13.2 of this Agreement, a period of time in which the Default may be cured.

13.4 Remedies for Default. The Parties acknowledge and agree that the nature of the Project and the terms of this Agreement render ordinary remedies at law inadequate for a Default under this Agreement. The Parties also acknowledge and agree that it would not be feasible or possible to restore the Property to its pre-Development condition once implementation of the Agreement has begun. Therefore, the Parties agree that, except as otherwise expressly provided in this Agreement, the remedies for a Default under this Agreement shall be limited to one or more of the following:

13.4.1 Default by City. The remedies for Default by the City shall be limited to injunctive relief, mandate (traditional and/or administrative), specific performance, and/or restitution/reimbursement for unused fees and for Dedications and improvements to the extent not required for Development completed as of the date Owner gave the City Notice of Default pursuant to Section 13.3 of this Agreement.

13.4.2 Default by Owner. The remedies for Default by Owner shall be limited to injunctive relief, specific performance, termination, and/or restitution.

13.5 Service of Process. In the event that any legal action is commenced by Owner against the City or City against Owner, service of process shall be made in such manner as may be provided by Law.

13.6 Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same Default or any other Default by the other Party.

13.7 Inaction Not a Waiver of Default. Any failures or delays by either Party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such Party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

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13.8 Estoppel Certificate. Each of the Parties shall at any time and from time to time upon not less than thirty (30) days prior notice by the other Party, execute, acknowledge and deliver to such other Party a certificate in writing certifying that this Agreement is in full force and effect, stating which provisions of this Agreement have been fully performed, and stating whether or not to the actual knowledge of the signer of such certificate such other Party is in Default in performing or observing any provision of this Agreement, and, if in Default, specifying each such Default of which the signer may have knowledge, and such other matters as such other Party may reasonably request. It is intended that any such certificate delivered by Owner to City may be relied upon by the City or any successor in interest to the City, and it is further intended that any such certificate delivered by the City to Owner may be relied upon by Owner or any prospective assignee of Owner's interest in the Project, Property or this Agreement and any Financier. Reliance on any such certificate shall not extend to any Default as to which the signer of the certificate had no actual knowledge at the time the statement was signed.

14. Appeal of Administrative Decisions. Owner may appeal directly to the City Council any decision by City staff, including, but not limited to, the City Manager, concerning an interpretation and/or administration of this Agreement or any part hereof. Owner shall file any such appeal with the City Clerk within twenty (20) Business Days after Owner receives Notice of the staff decision; provided, however, that a failure to timely file an appeal shall not nullify the right to such appeal except to the extent the City is actually prejudiced by such failure to timely appeal. The City Council shall render a decision at an open, public meeting held within sixty (60) calendar days following Owner's delivery of the appeal to the City Clerk.

15. Indemnification. Indemnitor shall pay for, save, protect, defend, indemnify and hold harmless the Indemnitees from and against any and all liabilities, suits, actions, claims, demands, penalties, damages (including, without limitation, third party tort claims, civil or criminal penalties, fines and/or monetary sanctions), losses, costs or expenses (including, without limitation, consultant’s fees, investigation and laboratory fees, attorney’s fees and remedial and response costs) (the foregoing are hereinafter collectively referred to as "Liabilities”) which may now or in the future be incurred or suffered by the Indemnitees (or any of them) by reason of, resulting from, in connection with or arising in any manner whatsoever as a direct or indirect result of any of the following: (i) any claim, action or proceeding brought by a third party against any Indemnitee to attack, set aside, void or annul the approval of this Agreement or the Entitlements except any such claim, action or proceeding to attack, review or set aside the City’s General Plan; (ii) any Indemnitor's release of water from the Property or the Project; and/or (iii) Development of the Project; provided, however, that the foregoing indemnity shall not apply to any Liabilities to the extent arising or occurring as a result of the negligence or willful misconduct of any Indemnitee.

The City shall have the right to reject or consent to any particular law firm or attorney engaged by Owner to represent the City; provided, however, the City's consent shall not be unreasonably withheld; and further provided that if the City elects to retain separate counsel following assumption of defense by Owner under this Section 15, all fees and expenses associated with retention of such separate counsel shall be at the City’s sole cost and expense. The City shall cooperate in good faith with Owner when Owner is acting pursuant to this Section 15. Indemnitor's obligations under this Section 15 shall survive termination of this Agreement with respect to any Liabilities covered by this Section 15 that arose during the Term and shall terminate upon the expiration of the statute of limitation applicable to such surviving Liabilities covered under this Section 15.

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16. Insurance Requirements. Owner shall purchase and maintain in full force and effect until completion of all Development contemplated by this Agreement policies of insurance in accordance with this Section 16 and shall cause its contractors to purchase and maintain in full force and effect in accordance with Section 16.2 of this Agreement, the following policies of insurance:

16.1 Owner's Liability Insurance. Liability insurance with the minimum insurance coverages set forth below:

16.1.1 Commercial General Liability. Commercial General Liability Insurance with a combined single limit of liability of Two Million Dollars ($2,000,000.00) for bodily injury, personal injury and property damage, arising out of any one occurrence. The City shall be named as an "additional insured" under such policy as it applies to Owner's activities under this Agreement. The insurance provided herein shall be considered "primary" insurance.

16.1.2 Workers Compensation. Workers compensation and employer's liability insurance as required by Law.

16.2 Insurance During Construction. Prior to commencing Project construction activities within the Property, Owner shall obtain and require its contractors and their subcontractors to obtain and thereafter maintain, so long as such Project construction activity is occurring and until the completion of such Project construction, the minimum insurance coverages set forth below:

16.2.1 Workers Compensation. Workers compensation and employer's liability insurance as required by any applicable law or regulation.

16.2.2 Commercial General Liability. Commercial General Liability insurance covering all operations by or on behalf of the contractors and subcontractors, which shall include the following minimum limits of liability and coverages:
(a) Required coverages:
(i) Premises and Operations.
(ii) Products and Completed Operations.
(iii) Contractual Liability, insuring the indemnity
obligations assumed by contractor under the contract
documents.
(iv) Broad Form Property Damage (including Completed
Operations).
(v) Explosion, Collapse and Underground Hazards.
(vi) Personal Injury Liability.
(b) Minimum limits of liability:
(i) $2,000,000 each occurrence (for bodily injury and
property damage).
(ii) $2,000,000 for Personal Injury Liability.

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(iii) $2,000,000 aggregate for Products and Completed
Operations.
(iv) $2,000,000 general aggregate applying separately to this Project.

16.2.3 Automobile Liability. Automobile liability insurance, including coverage for owned, hired and non-owned automobiles. The limits of liability shall not be less than $1,000,000 combined single limit each accident for bodily injury and property damage.

Owner’s contractors shall require each of its subcontractors to include in their liability insurance policies coverage for automobile contractual liability.

16.3 Terms of Insurance. All insurance required by this Section 16 shall be written on an occurrence basis and procured from companies rated by Best's Rating Guide not less than A-VIII, and which are authorized to do business in California. All insurance may be provided under (i) a combination of primary and excess policies; (ii) an individual policy covering the Property; (iii) a blanket policy or policies which includes other liabilities, properties and locations of Owner; provided, however, that if such blanket commercial general liability insurance policy or policies contain a general policy aggregate of less than Two Million Dollars ($2,000,000), then Owner shall also maintain excess liability coverage necessary to establish a total liability insurance limit of Two Million Dollars ($2,000,000); (iv) a plan of self-insurance, provided that Owner notifies the City of its intent to self-insure (which notice shall be deemed to have been delivered to City upon the full execution of this Agreement) and shall, upon request, deliver to the City each calendar year a copy of its annual report that is audited by an independent certified public accountant which discloses that Owner has One Hundred Million Dollars ($100,000,000) of both net worth and net current assets; or (v) a combination of any of the foregoing insurance programs.

To the extent any deductible is permitted or allowed as a part of any insurance policy pursuant to this Section 16, Owner shall be deemed to be covering the amount thereof under an informal plan of self-insurance; provided, however, that in no event shall any deductible exceed One Hundred Thousand Dollars ($100,000.00) unless Owner complies with the requirements regarding selfinsurance pursuant to Subsection (iv) of this Section 16.3. Owner shall furnish to the City, upon request, a certificate(s) or memorandum(s) of insurance, or statement of self-insurance evidencing that the insurance required to be carried by Owner in accordance with this Section 16 is in full force and effect.

16.4 Additional Insured. Any insurance policy under which the City is an additional insured shall include the following provisions:

16.4.1 Severability. Severability of interests.

16.4.2 Reduction or Voidability. An act or omission of one (1) of the insureds or additional insureds which would void or otherwise reduce coverage, shall not reduce or void the coverage as to the other insureds.

16.4.3 Contractual Liability. Contractual liability coverage with respect to any indemnity obligation set forth in this Agreement.

The procurer of such insurance shall promptly serve Notice on (and in any event within five (5) Business Days) the City of any intent to cancel, reduce (in amount or in coverage provided) or other material modification of insurance coverage required by this Section 16 as soon as such

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procurer has actual knowledge thereof and shall deliver a copy of any Notices received from the insurer related thereto.

17. Representations and Warranties.

17.1 City Representations. The City represents and warrants to Owner as follows, which warranties and representations are effective as of the date of this Agreement:

17.1.1 Existence. The City is a municipal corporation, duly incorporated pursuant to the laws of the State of California.

17.1.2 Authority. The execution, performance, and delivery of this Agreement by the City have been fully authorized by all requisite actions on the part of the City required by Law.

17.1.3 No Default. The City's execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which the City is a party or by which it is bound.

17.2 Owner's Representations. Owner represents and warrants to the City as follows, which warranties and representations are effective as of the date of this Agreement:

17.2.1 Authority. Owner has full right, power and lawful authority to develop the Private Improvements, the Required Public Improvements and to undertake all obligations as provided in this Agreement. The execution, performance, and delivery of this Agreement by Owner has been fully authorized by all requisite actions on the part of Owner required by Law.

17.2.2 Interest in Property. Owner represents that Owner (or its affiliates) owns or has entered into agreements to acquire fee title to the Property. Owner further represents that it (or its affiliates) has the legal authority to encumber the Property by recordation of this Agreement.

17.2.3 No Conflict. To the best of Owner's knowledge, Owner's execution, delivery, and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement, or order to which Owner is a party or by which it is bound.

17.2.4 No Owner Bankruptcy. To the best of Owner's knowledge, Owner is not the subject of a current or threatened bankruptcy proceeding.

18. Miscellaneous.

18.1 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element.

18.2 Further Documents. The City and Owner shall sign, deliver and if appropriate record any additional documents necessary to effectuate the purposes of this Agreement.

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18.3 Notices. All Notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when delivered upon the first Business Day after prepayment with a recognized overnight delivery service with instructions to deliver the next Business Day, or upon the fifth calendar day after deposit in the United States mail, firstclass, registered or certified, postage prepaid, return receipt requested at the following addresses:

If to City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: City Manager
Tel: (949) 361-8200
Email: [email protected]
With a copy to: Best Best & Krieger, Attorneys at Law
18101 Von Karman Avenue
Suite 1000
Irvine, CA 92612
Attn: Scott C. Smith, City Attorney
Tel: (949) 263-6561
Email: [email protected]
If to Owner: Saddleback Memorial Medical Center
24451 Health Center Drive
Laguna Hills, CA 92653
Attn: Thomas Leary,
Senior Vice President & Chief Legal Officer
Tel: 714-377-3245
Email: [email protected]
With a copy to: Nossaman, LLP
18101 Von Karman Avenue
Suite 1800
Irvine, CA 92612
Attn: Gregory W. Sanders, Esq.

Tel: (949) 833-7800
Email: [email protected]
Any Party may, from time to time by written Notice to the other designate a different address which shall be substituted for the one specified above.

18.4 Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein.

18.5 Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is

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executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought.

18.6 Relationship of the Parties. Nothing contained herein, nor any action taken or document created pursuant hereto, shall be construed as creating the relationship of partners, joint venturers, or any other association of any kind or nature between the City and Owner.

18.7 No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties, any Financiers and their respective successors in interest. No other person (such as a taxpayer or citizens' group) shall have any right of action based upon any provision of this Agreement.

18.8 Non Liability of Certain Individuals.

18.8.1 Officials and Employees of the City. No official or employee of the City shall be personally liable to Owner or any successor in interest in the event of any Default by the City or for any amount which may become due to Owner or its successors or on any other obligations under the terms of this Agreement.

18.8.2 Owner Parties. No officer, director, manager, member, or employee of Owner (or any of their respective officers, directors, shareholders, partners, members, managers, employees, trustees, or beneficiaries) shall be personally liable to the City or its successor in interest in the event of any Default by Owner or for any amount which may become due from Owner or its successors or on any other obligations of Owner under the terms of this Agreement.

18.9 City Approvals and Actions. The City shall maintain authority under this Agreement and the authority to implement this Agreement through the City Manager (or his or her duly authorized representative). The City Manager shall have the authority to make approvals, issue interpretations, waive provisions, execute implementing documents and/or make and execute further agreements on behalf of the City (collectively, “City Manager Action”) so long as such City Manager Action(s) does not materially change the uses or Development permitted on the Property, or materially or substantially add to the costs incurred or to be incurred by the City or Owner as specified herein, and such interpretations, waivers and/or further agreements may include extensions of time to perform; provided, however, in the event Owner disagrees with any City Manager Action(s), Owner may appeal such City Manager Action(s) to the City Council and shall be entitled to a public hearing on such appeal. All other material and/or substantive interpretations, waivers, or amendments shall require the consideration, action and written consent of the City Council. The City Manager retains full discretion to submit any matter to the City Council for approval notwithstanding that such matters may be considered immaterial.

18.10 Counterparts. This Agreement may be signed in multiple counterparts which together shall constitute a binding agreement.

18.11 Rules of Construction. Captions and headings in this Agreement are for convenience only and are not guides for interpretation. This Agreement is the result of negotiations between Parties who were each represented by counsel. No ambiguity in this Agreement, if any, shall be interpreted against one Party. This Agreement has been prepared and negotiated jointly

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and equally by the Parties. This Agreement shall not be construed against either Party on the ground that a Party prepared the Agreement.

18.12 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day and including the last day, unless the last day is a holiday, Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Sections 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time.

18.13 Legal Advice. Each Party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any rights which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or their respective agents, employees or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.

18.14 Governing Law and Venue. This Agreement is entered into and will be performed in the County of Orange, California, and shall be governed by the laws of the State of California. Any legal action or proceeding concerning this Agreement shall be filed and prosecuted in the Superior Court in the County of Orange, California or the United States District Court for the Central District of California.

18.15 Attorneys' Fees. In any action between the Parties to interpret, enforce, reform, modify, rescind or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing Party in such action shall be entitled, in addition to injunctive relief or any other relief to which it might be entitled, reasonable costs and expenses including, without limitation, litigation costs, expert witness fees and attorneys' fees.

18.16 Severability. If a Court invalidates part of this Agreement, the remainder shall remain in force and effect unless the invalidation materially impairs a Party's consideration, in which event this entire Agreement shall terminate.

18.17 Recitals and Attachments. All recitals and attachments to this Agreement are incorporated herein.

18.18 Mutual Covenants. The covenants contained herein are mutual covenants which constitute conditions to the concurrent or subsequent performance of the other covenants.

ATTACHMENTS
Attachment No. 1 Legal Description of the Property
Attachment No. 2 Fair Share Fees

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Attachment No. 3 Site Plan
Attachment No. 4 Required Public Improvements
[Signatures appear on following page.]

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IN WITNESS WHEREOF, Owner and the City have executed this Agreement on the date first above written.

CITY:

CITY OF SAN CLEMENTE,
a California municipal corporation
, Mayor
ATTEST:
, City Clerk
APPROVED AS TO FORM:

Scott C. Smith, City Attorney
OWNER:

SADDLEBACK MEMORIAL MEDICAL
CENTER, a California non-profit public benefit
corporation

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STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On
Public,
before me, , Notary
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On
Public,
before me, , Notary
personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal

SIGNATURE OF NOTARY PUBLIC
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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Attachment No. 1

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ATTACHMENT NO. 1

LEGAL DESCRIPTION OF THE PROPERTY

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Attachment No. 2

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ATTACHMENT NO. 2

FAIR SHARE FEES
Sidewalk fees?
Parks Development
fees?
Sewer Connection fees
Drainage Facilities fees
Water Acreage fees
Regional Circulation Financing and Phasing Program

EXHIBIT A
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Attachment No. 3

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ATTACHMENT NO. 3

SITE PLAN

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Attachment No. 4

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ATTACHMENT NO. 4

REQUIRED PUBLIC IMPROVEMENTS

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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: 11/15/2022 Agenda Item: E.

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

APPROVAL OF PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR THE STEED PARK PICKLEBALL COURTS PROJECT WITH RJM DESIGN GROUP, INC., CIP PROJECT NO. 13703
Fiscal Impact:

Yes. The consultant’s design cost of $404,550 is within the approved available project budget of $494,000 from the General Fund, Steed Park Pickleball Courts, CIP Project No, 13703.

Summary:

Staff recommends that the City Council approve a Professional Consultant Services Agreement with RJM Design Group, Inc. (Attachment 2) in the amount of $404,550 for the design and preparation of a bid package for new pickleball courts at Richard T. Steed Memorial Park (Steed Park).

Background:

At its February 2, 2021 meeting, the City Council awarded a contract to SWA, a landscape architect firm, to update five site-specific park master plans for Bonito Canyon Park, Linda Lane Park, Richard T. Steed Memorial Park, San Gorgonio Park, and San Luis Rey Park.

Per the agreement, SWA and the Beaches, Parks and Recreation Department compiled and released a survey to the public in April 2021 to gather feedback and comments on the five parks listed above.

Following the survey, public workshops were held on May 11, 2021, and May 13, 2021, that offered community members an opportunity to provide comments regarding park amenities.

At its December 21, 2021 meeting, the City Council directed staff to prioritize the construction of at least four pickleball courts at Steed Park before other park construction projects.

Discussion:

The Public Works Department issued a formal Request for Proposal (“RFP”, Attachment 3) on PlanetBids to solicit professional consultants for the final design and preparation of a bid package for the project. Based on a considerable amount of public feedback and comments through the BP&R Master Plan Update process, the following features were included in the design scope:
· 16 Pickleball Courts
· Court Plaza
· Shade Structure
· Restroom Structure
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Meeting Date: 11/15/2022 Agenda Item: E.
· Potential new parking lot near the courts and/or extension of the existing parking lot · Accessible ramp to new potential parking lot
· New landscaping and lighting
· New fencing around the perimeter of the proposed project area In response to the RFP, five proposals were received on September 21, 2022, from RHA Landscape Architects Planners, Inc., RJM Design Group, Inc, Terrain Integration, BrightView Design Group, and SWA Group. The fee proposals ranged from $345,245 to $463,480.

All proposals were evaluated, and the top four candidates were interviewed by a panel of City staff from Public Works Maintenance, Engineering, and the Beaches, Park and Recreation Department. It was concluded that RJM Design Group, Inc. submitted the best proposal that exhibited a qualified project team, aligned with the approved project budget, and demonstrated more relevant experience for the project than other firms.

Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Beaches, Parks and Recreation Element Goal: Park and Recreation Planning, Acquisition, and Development. Provide and maintain parks and recreation facilities with adequate spaces and amenities to meet the recreational and relaxation needs of existing and future residents. · Policy BPR-2.02. Evaluation of User Needs. We evaluate user feedback, track facility use, and utilize projections to understand park and recreation facility needs and plan for future acquisition and development.

Council Strategy:

The project is consistent with Council Strategy #3 in that it improves and maintains infrastructure that reflects best available technology and service.

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 RJM Design Group, Inc., providing engineering design services for the Steed Park Pickleball Courts, Project No. 13203, in the amount of $404,550.

Attachment:

1. Location Map

2. Draft Professional Consultant Services Agreement with RJM Design Group

3. Request for Proposals
Notification:

None
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Steed Park Pickle ball Courts
PN 13703

NOT TO SCALE

PROJECT

LOCATION

LOCATION MAP
Attachment 1
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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND
DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and RJM Design Group, Inc with its principal place of business at 31591 Camino Capistrano, San Juan Capistrano, CA 92675 ("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 Landscape Architectural consultant services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional Landscape Architectural consulting services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such professional Landscape Architectural consulting services for the Steed Park Pickle ball Courts Project for City of San Clemente Beaches, Parks & Recreation ("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 Labor Compliance and Monitoring 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 11/16/2022 to 1/30/2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. $WWDFKPHQW
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Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

3.2.4 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.5 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Larry P. Ryan

3.2.6 City's Representative. The City hereby designates Amir K. Ilkhanipour, Principal Civil Engineer, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

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("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

3.2.9 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.10 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
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3.2.12 Insurance. Consultant agrees to procure and maintain, at Consultant’s expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed four hundred four thousand five hundred fifty ($404,550.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “D” may be adjusted each year at the time of renewal as set forth in Exhibit “D.”

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, 119
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agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

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Consultant: RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Ca[pistrano, CA 92675
ATTN: Larry P. Ryan, Principal
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Kiel Koger, PW Director / City Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall 121
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indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves right to employ 122
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other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to 123
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initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

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"

SCOPE OF SERVICES
126
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Project No. 13703
Steed Park Pickleball Courts
City of San Clemente
September 21, 2022
127
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Cover Letter | 1
Firm Profile| 2
Project Understanding | 3
Scope of Work | 4
Project Schedule | 7
Project Team | 8
Project Experience | 14
References | 18
Fee Schedule (submitted under separate cover)
Table of Contents
128
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City of San Clemente • Steed Park Pickleball Courts | 1 September 21, 2022
Amir K. Ilkhanipour, P.E.

City of San Clemente
Engineering Division
910 Calle Negocio, Suite 100
San Clemente, CA 92673
RE: Project No. 13703 Steed Park Pickleball Courts
Dear Mr. Ilkhanipour:

We are pleased to submit this proposal for professional Landscape Architectural services for the Steed Park Pickleball Courts project. We understand the scope of work outlined in the RFP and are familiar with pickleball court projects that deliver a unique and exciting experience for everyone in the community.

We have assembled our design team of highly qualified and experienced licensed professionals who will provide comprehensive, well thought out design, efficient and precise construction documentation, and attentive construction administration throughout the life of the project. Our specialized experience in pickleball court development projects is demonstrated in our extensive history working with various communities across southern California and collaborating with ambassadors from the USAPA to rehabilitate facilities into new pickleball courts, develop court overlays, and design completely new sports parks with new pickleball courts.

Our proposal addresses the scope of work outlined by the city in the RFP. Through close coordination, regular team meetings, and careful design evaluation RJM will deliver the highest quality product in a timely and professional manner.

We look forward to working with the City of San Clemente on this exciting project. If you have any questions or comments after reviewing this proposal, please do not hesitate to contact us.

Sincerely,
RJM Design Group
Larry P. Ryan, LLA
Principal
[email protected]
31591 Camino Capistrano
San Juan Capistrano, CA 92675
www.RJMdesigngroup.com
(949) 493-2600 phone
(949) 493-2690 fax
Cover Letter
129
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RJM Design Group, Inc.

California Corporation, SBE
35 Years (Since 1987)
(949) 493-2600
Larry P. Ryan — President, [email protected]
Zachary Mueting — Secretary, [email protected]
Larry P. Ryan / [email protected]
31591 Camino Capistrano, San Juan Capistrano, CA 92675
17 Personnel
(10) Licensed Landscape Architects, Project Managers
(5) Technical Support
(4) Administrative Support
(3) LEED Accredited Professionals
(2) Certified Arborists
(2) FAA Part 107 Licensed Pilots
Firm Legal Name
Type of Business
Number of Years in Business
Contact Information
List of Owners
Principal Contact
Office Location
Firm Size
Personnel
Established in 1987, RJM Design Group has evolved into a multi-disciplinary landscape architectural, planning, and design firm committed to serving the needs of cities, public agencies, and organizations throughout California. RJM is comprised of talented individuals with varied backgrounds and interests. Among these dynamic professionals are licensed landscape architects, designers, and planners, most of whom are LEED Accredited Professionals. Each person brings a unique, yet complementary experience and passion to the firm, who will be dedicated to the duration of the project as needed.

Firm Information
RJM Office | San Juan Capistrano, CA 130
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City of San Clemente • Steed Park Pickleball Courts | 3

APPROACH
Our approach to the development of sound design and construction plans is founded in our close coordination and collaboration with our clients. Working with staff, our team will work to ensure the final product is in the best interest for the City within the required schedule and project budget.

Having regular meetings to review products, designs, and schedule updates will help ensure the outcome meets expectations.

The Preliminary Plan and Design Report phase of our services shall be conducted to prepare base information and develop imagery to graphically illustrate the conceptual plans. The conceptual plans are to be prepared to fix and describe the scope and character of the entire Project, including landscape architectural, civil, structural, and electrical systems. Consideration shall be given to availability of materials, equipment and labor, construction sequencing and scheduling, economic analysis of construction, user safety and maintenance requirements, and energy conservation.

The Construction Document phase of the project consists of the preparation of the construction documents to include final drawings, specifications, details, calculations, and final opinion of probable construction cost. Our proposal includes complete landscape, architectural and engineering services required to execute the project.

Project Understanding / Approach
Indian Wells TennisGardens | Indian Wells, CA (RJM Project) 131
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4 | City of San Clemente • Steed Park Pickleball Courts

SCOPE OF WORK
TASK 1 – PRELIMINARY PLAN & DESIGN REPORT
As part of the kickoff on the project, RJM Design Group will obtain documentation from the City pertaining to the project, including existing record drawings, while performing a site review to understand the existing conditions of the project site and the park as a whole. Next, we will coordinate a kickoff meeting with City staff to discuss project goals, schedule, and scope, as well as determining the requirements for the various permits necessary to complete the project. With approval from City staff, we will invite our Geotechnical team to begin their field research to begin the preparation of the comprehensive geotechnical report, as well as our Civil Engineer to begin the aerial survey from which we will prepare a base map. Concurrently, the design team will prepare site analysis documents identifying the opportunities and constraints of the site and the proposed location of the pickleball court complex from the current concept illustrative plan.

Based on our initial review of the existing facilities and the locations of the proposed amenities on the illustrative plan, we believe that the location of the pickleball complex may be better served if located adjacent to existing constructed amenities (i.e. infrastructure, parking, etc.). We understand that the community demand for pickleball facilities has exceeded the timetable for the overall park phasing and in order to resolve that issue without exorbitant construction costs and gaps in the development of the site, our design team would review and research alternative locations in the interest of City budgets and feasible construction planning.

With this in mind, the design team will review and digest the assessment of the existing infrastructure and compare with the City’s project goals and requested amenities. RJM will commence the preparation of two (2) conceptual design plans that maximize the potential of the City’s first tournament-ready Pickleball complex. During the conceptual design process, we will collaborate with our Pickleball Consultant, Diana Abruscato, to ensure we meet the needs of the pickleball community in San Clemente. This preliminary design report will be considered a 30% progress plan set complete with statements of probable costs for each of the design plans. This preliminary submittal will be provided to the City for full review and selection of the preferred conceptual design plan.

MEETINGS: Kickoff Meeting with City staff
Preliminary Design Review and Design Selection Meeting w/ City staff DELIVERABLES: Site Analysis Documents
Geotechnical Report
Completed Aerial Survey to serve as Existing Base Map
Two (2) Colored Conceptual Designs (30% Progress Design) Statement of Probable Costs for each Conceptual Design
Outline of Technical Specifications
Scope of Work
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City of San Clemente • Steed Park Pickleball Courts | 5 TASK 2 – CONSTRUCTION DOCUMENTS
With City approval and the preferred design layout selected, the RJM Design team will begin the next task of the project which will consist of the preparation of formal construction documents working towards a 60% progress set. This comprehensive construction document set that will include the necessary civil engineering plans and documentation, electrical engineering, construction plans and details with essential structural engineering, irrigation plans and details to correspond with the planting plan. As part of the Pickleball court construction design, we include on our design team a post-tension slab design specialist in order to provide the best possible product for a first-class facility that will last for years to come. Plans will be designed in accordance with City standards and specifications outlined by the City Building Department.

Construction Document Discipline Breakdown
Civil Engineering
• Precise Grading Plan with On-Site and Off-Site Improvements • Water/Sewer Plan that includes both domestic service and recycled water connection for irrigation
• Erosion Control Plan
• Horizontal Control Plan
Structural Engineering
• Structural Calculations, Plans, and Details for the Pickleball Complex Building and Shade Elements
• Post-Tension Slab Design with Tendon Layout and Details • Structural Detailing for various design amenities, i.e. footing reinforcement, dimensions, etc.

Irrigation Design
• Irrigation system design with connections to the City’s existing centralized irrigation control system and the use of recycled water.
• Irrigation system details, legends and water calculations to align with the City and State’s Water Conservation codes.

Electrical Engineering
• Site electrical plan complete with power distribution to energize all required elements. • Lighting Photometric Calculation plan to identify and meet required light levels for safety and competition playability.
• Light Fixture Schedule and Details, Lighting Controls, and Single Line Diagrams Landscape Architecture
• Construction Plans and Details for all exterior improvements proposed including constructed site features and hardscape elements.
• Planting Plans and Details outlining all landscape material to be installed with proposed improvements.
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6 | City of San Clemente • Steed Park Pickleball Courts Scope of Work (continued)
The 60% progress review set will be formally submitted to the City for full review by the various City Department stakeholders. Once City review is complete, we will have a 60% progress review meeting to go over the various comments received and assess the next steps forward. The design team will assess the received comments, distribute and review with all design team members, and continue working towards a 90% progress set incorporating the City comments received on the plans, specifications, and cost estimate. Again, after the completion of the City review at the 90% progress interval we will meet to review the comments noted and work towards the completion of the final bid package. The finalized bid package will include the required technical specifications and customization of the City’s front-end documentation as requested.

MEETINGS: Construction Document Review Meeting at 60% progress.

Construction Document Review Meeting at 90% progress.

Construction Document Review Meeting at 100% completion DELIVERABLES: 60% Progress CD Submittal Set with Technical Specifications and Cost Estimate
90% Progress CD Submittal Set with Technical Specifications and Cost Estimate
100% Complete CD Submittal Set with Technical Specifications and Cost Estimate
TASK 3 – BID & CONSTRUCTION SUPPORT SERVICES
After the plans have been formalized, the design team will assist the City in preparing the complete package for prospective construction bidders. RJM’s team will provide support to respond to bidders questions at a designated day and time leaving potential bidders sufficient time to digest the responses and prepare accurate bids. If necessary, the design team will prepare bid addendums to provide clarification to the bidding documents.

Once bidding is complete, and a contract has been awarded the RJM design team will provide construction administration support through the construction period. Construction administration services will include material submittal and shop drawing review, responses to RFI questions from the contractor, periodic construction meeting attendance, and requested field review and inspections. Once the project is complete, our team will prepare a finalized set of record drawings from the construction plans and the work constructed in field. 134
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City of San Clemente • Steed Park Pickleball Courts | 7 Project Schedule CITY of SAN CLEMENTE PROJECT SCHEDULE STEED PARK PICKLEBALL COURTS 1234123412341234123412341234 TASK 1 - PRELIMINARY PLAN & DESIGN REPORT Item 1 Prepare for and Attend Kickoff Meeting Item 2 Site and Existing Documentation Review Item 3 Aerial Survey Item 4 Geotechnical Exploration and Report Item 5 Preparation of Site Analysis Documentation Item 6 Design of Two (2) Conceptual Designs Item 7 Preliminary Design Review and Design Selection Meeting with City StaffItem 1 60% Progress CD Submittal SetItem 2 City Review of 60% Progress SetItem 3 60% CD Review Meeting with City StaffItem 4 90% Progress CD Submittal SetItem 5 City Review of 90% Progress SetItem 6 90% CD Review Meeting with City StaffItem 7 100% Complete CD Submittal SetItem 8 City Review of 100% Complete SetItem 9 100% CD Review Meeting with City Staff Meetings with City of San Clemente

MAY APR MAR
TASK 2 - CONSTRUCTION DOCUMENTS

NOV DEC JAN FEB
135
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City of
San Clemente
Larry P. Ryan
Principal
RJM Design Group
Andrew Steen
Landscape Architect
RJM Design Group
Chris Curry
Glasir Design
Irrigation Design
Bill Zavrsnick
FBA Engineering
Electrical
Engineer
Rubio Medina
Architect
Greg Silver
GMU
Geotech /
Structural
Project Team
Tom Carcelli
civTEC
Civil Engineer
Clark Crump
PTD, Inc.

Post Tension
Design
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City of San Clemente • Steed Park Pickleball Courts | 9 Larry P. Ryan PLA, ASLA
Principal-in-Charge
RJM Design Group, Inc.

Larry Ryan’s passion for creating meaningful public spaces for people to enjoy led him to co-found RJM Design Group over 34 years ago. The long-term relationships that he develops and maintains with clients, spans decades. He has worked with numerous communities throughout California and Nevada, where his project involvement encompasses all phases of development for our municipal clients.

Licenses
• Landscape Architect / CA 2502 / AZ 25241 / NV 366 / OR 1072 / ID 16919 Education
• Bachelor of Science, Landscape Architecture, California Polytechnic State University, Pomona Parks
• Alicia Park, Mission Viejo, CA
• Aurora Park, Mission Viejo, CA
• Bonita Creek Park Renovation, Newport Beach,
CA
• Cedar Grove Park, Tustin, CA
• Cesar E. Chavez Park, Long Beach, CA
• Citrus Ranch Park, Tustin, CA
• College Park, Oxnard, CA
• Florence Joyner Olympiad Park, Mission Viejo,
CA
• Grant Howald Park, Newport Beach, CA
• Heritage Park, Tustin, CA
• Long Beach Integration Plan, Long Beach, CA
• Mariners Park Renovation, Newport Beach, CA
• Ontario Town Square, Ontario, CA
• Portola Park, Lake Forest, CA
• Veterans Memorial Park, Carlsbad, CA
Sports Facilities
• Anteater Recreation Center Playing Fields,
University of California, Irvine*
• Chino Hills Community Park, Chino Hills, CA
• Chiquita Ridge Sports Park Feasibility Studies,
Rancho Santa Margarita, CA
• Col. Bill Barber Marine Corps Memorial Park,
Irvine, CA
• College Park, Oxnard, CA*
• College Park Community Park & Big League
Dream Softball Complex, Oxnard, CA
• Encinitas Community Park, Encinitas, CA
• Esencia Sports Park, Rancho Mission Viejo, CA*
• Felipe Tennis Center, Mission Viejo, CA*
• Indian Wells Tennis Garden, Indian Wells, CA*
• LA Chargers Practice Facility, Costa Mesa, CA
• Lake Forest Sports Park, Lake Forest, CA
• Long Beach Sports Park, Long Beach, CA
• Mission Viejo Tennis Complex, Mission Viejo,
CA*
• Orange Coast College Baseball Field
Renovation, Costa Mesa, CA
• Orange County Greak Park, Sports Fields,
Irvine, CA*
• Patricia H. Birdsall Sports Park, Temecula, CA
• Portola Park, Lake Forest, CA*
• Quakes Stadium, Rancho Cucamonga, CA
• UCI Tennis Courts, Irvine, CA*
• Worthy Park, Huntington Beach, CA*
*Indicates tennis/pickleball court experience
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10 | City of San Clemente • Steed Park Pickleball Courts Andrew Steen, LLA, Certified Arborist
Project Manager
RJM Design Group, Inc.

Andy Steen has been a part of RJM Design Group since 2014. He is a licensed landscape architect and certified arborist, with a strong background in landscape materials, construction, and detailing. With over 18 years of experience designing parks and community facilities, Andy has a unique way of blending old techniques with modern design ideas. He has served as Project Manager on many park design projects. Andy offers organizational, communication, and team coordination skills that contribute to the success of any project large or small.

Licenses
• Landscape Architect/ CA 5858
• Certified Arborist WE-9969A
• Tree Risk Assessment Qualification
• FAA Certified UAV Pilot
Education
• Bachelor of Science, Environmental Planning
and Design, Landscape Architecture,
Rutgers University, State University of New
Jersey (2003)
Parks
• Cherry Park, Lake Forest, CA
• Cordova Park, Mission Viejo, CA
• Drake Chavez Park, Long Beach, CA
• Larry Gury Community Park, Sacramento, CA
• Los Serranos Park, Chino Valley Unified School
District, Chino Hills, CA
• Murdy Park, Huntington Beach, CA
• Nottoli Community Park, Sacramento, CA
• Pinehurst Park, Chino Hills, CA*
• Portola Park, Lake Forest, CA*
• Worthy Park, Huntington Beach, CA*
• Yorba Linda Adventure Playground, Yorba
Linda, CA
Sports Facilities
• Don Knabe Golf Center, Norwalk, CA
• Drake Chavez Park Soccer Fields, Long Beach,
CA
• Esencia Sports Park, Rancho Mission Viejo,
CA*
• Felipe Tennis Center, Mission Viejo, CA*
• Mira Mesa Sports Park, San Diego, CA
• Orange County Great Park, Irvine, CA*
School Facilities
• Los Serranos Park, Chino Valley Unified School
District, Chino Hills, CA
• Rancho Santiago Canyon Community College,
Rancho Santiago Canyon Community
College District, Orange, CA
• St. Jeanne De Laetonnac Catholic High School,
Temecula, CA
• West Covina High School Performing Arts
Center, West Covina Unified School District,
West Covina, CA
• West Covina High School Science Building,
West Covina Unified School District, West
Covina, CA
• Woodbridge High School Performing Arts
Center, Irvine Unified School District, Irvine,
CA
Project Team (continued)
*Indicates tennis/pickleball court experience
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City of San Clemente • Steed Park Pickleball Courts | 11 Chris Curry
Glasir Design
Irrigation Design
Chris Curry is an irrigation sub-consultant who
understands the Model Water Efficiency Landscape
Ordinance to determine the water use for a project
and in-turn design the irrigation system to meet the
requirements of the Ordinance. He is familiar with new
water savings technology to meet the allowable water
use requirements. Glasir Design will ensure the project shows the planting hydro zones to be compatible with
the irrigation design. For the past 10 years Chris has
prepared irrigation plans for RJM park projects. Chris has over 19 years’ experience in irrigation design, landscape architecture, and landscape construction. His focus is
on the efficient use of water in the landscape. He has
been rewarded for his efforts by being chosen by the
United States Environmental Protection Agency as the
WaterSense Irrigation Partner of the year for 2011.

Education
• B.S. Landscape Irrigation Science / California
Polytechnic University, Pomona, CA
Relevant Project Experience
• Admiral Kidd and Seaside Park Field Renovations, Long Beach, CA
• Bonita Creek Field Renovation, Newport Beach, CA
• Central Park Master Plan Revision, Rancho Cucamonga,
CA
• Central Park Tennis Complex, Santa Clarita, CA
• Drake Soccer Field, Long Beach, CA
• Fillmore Aquatics & Tennis Complex, Fillmore, CA
• Ford Park Aquatic Center, Bell Gardens, CA
• Gardena Community Aquatics & Senior Center,
Gardena, CA
• Grand Avenue Park, Chino Hills, CA
• Grant Howald Park, Newport Beach, CA
• Lake Forest Sports Park, Lake Forest, CA
• Los Amigos Park, Rancho Cucamonga, CA
• North Beach Improvements, Lake Mission Viejo
Association, CA
• Portola Park & Dog Park, Lake Forest, CA
• Redhawk (Dog) Park Improvements, Temecula, CA
• Santa Clarita Sports Complex & Aquatic Center, Santa
Clarita, CA
• Santa Monica Civic Center Sports Fields, Santa Monica, CA
• Worthy Park Renovation, Huntington Beach, CA
• Yorba Linda Adventure Play, Yorba Linda, CA
Tom Carcelli, GLASIR DESIGN
civTEC
Civil Engineer
Tom Carcelli has over 25 years of experience in the civil engineering field with particular emphasis on parks and recreation, commercial/industrial, education and public works projects. His extensive design and management experience in all phases of civil engineering for land development projects throughout Southern California includes grading, water quality, hydrology, hydraulics, storm drain, water/sewer, survey/ mapping and street design. Tom has been in charge as a
project manager on over 100 projects from master planning to construction with RJM Design Group over the past 20 years.

Education
• BS, Civil Engineering, University of California, Irvine, 1988
• Masters in Architecture, California State Polytechnic University, Pomona, 1994
Licenses
• Registered Civil Engineer/CA #81640
• Qualified SWPPP Developer (QSD) — C-81640
Relevant Project Experience
• Anthony Munoz Community Center, Ontario, CA
• Bommer Canyon Community Park, Irvine, CA
• Cherry Park, Lake Forest, CA
• Cordova Park, Mission Viejo, CA
• Dali Dog Park, Rowland Heights, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Ford Park Aquatics Facility, Bell Gardens, CA
• Gardena Community Aquatics & Senior Center,
Gardena, CA
• Grant Howald Park, Newport Beach, CA
• JAPRD Community Recreation Center, Riverside, CA
• Joe Balderrama Park, Oceanside, CA
• Lake Mission Viejo Improvements, Mission Viejo, CA
• Los Serranos Park, Chino Hills, CA
• Marguerite Aquatics Complex, Mission Viejo, CA
• Murdy Park, Huntington Beach, CA
• Orange Coast College Baseball Field Renovation, Costa Mesa, CA
• Peace Park Playground, Long Beach, CA
• Portola Park, Lake Forest, CA
• Rancho Cucamonga Central Park Master Plan Update,
Rancho Cucamonga, CA
• Santa Ana Civic Center Plaza Improvements, Santa
Ana, CA
• Santa Monica Civic Multi-Purpose Sports Field, Santa
Monica, CA
• Yorba Linda Adventure Play, Yorba Linda, CA
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12 | City of San Clemente • Steed Park Pickleball Courts William Zavrsnick
FBA Engineering
Electrical Engineer
William Zavrsnick has 30 years of experience and has
been active in the electrical engineering field since joining FBA in 1985. His experience includes the electrical design of Public Works, Parks and Recreation Facilities. He is particularly experienced in the design and development of electrical power distribution, general, specialized and event power systems, outdoor, security and sports field lighting systems, lighting photometric studies, phased construction projects and familiar with public bid type projects and construction.

Education
• BS Civil Engineering/Mount Hood College, Oregon
Certifications
• LEED Accredited Professional — LEED AP
• Illuminating Engineering Society — IES
• Institute of Electrical and Electronic Engineers –
IEEE American Institute of Architects — AIA
• Electrical Engineering — Los Angeles County
Relevant Project Experience
• Bommer Canyon Community Park, Irvine, CA
• City Park Improvements, Lake Elsinore, CA
• Civic Lot Multi-Purpose Sports Field,
Santa Monica, CA
• El Dorado Park & Nature Center, Long Beach, CA
• Esencia Sports Park, Rancho Mission Viejo, CA
• Ford Park Aquatics Facility, Bell Gardens, CA
• Gardena Community Aquatics & Senior Center, Gardena,
CA
• Heroes Park, Lake Forest, CA
• Joe Balderrama Park, Oceanside, CA
• Kraemer Memorial Park, Placentia, CA
• Laguna Hills City Parks, Laguna Hills, CA
• Lake Forest Neighborhood Parks, Lake Forest, CA
• La Placita Parkette, Placentia, CA
• Los Amigos Park, Santa Monica, CA
• Los Serranos Park, Chino Hills, CA
• Marchant Park, San Dimas, CA
• McFadden Park, Placentia, CA
• Murdy Park, Huntington Beach, CA
• Portola Park, Lake Forest, CA
• Portola Springs Park, Irvine, CA
Project Team (continued)
Clark Crump
Owner, Post-Tension Design
PTD, Inc.

Post-Tension Design was started in 1998 and
incorporated in 2000. Initiated by Clark
Crump, with, at the time, over 15 years’ experience
in Post-Tension Design, fabrication, and installation,
he partnered with William M. Nelson S.E. (S.E. 3417)
with his experience in concrete, seismic and PostTension engineering.

PTD, Inc. was launched specifically to fill an industry need for Architects, Engineers, and Developers
who needed the specialized services of PostTension Design Engineering. The industry standard of
Design-Build engineering left the developers
susceptible to quality control from contractors
who would design to minimum specifications in an
effort to win bids. Our firms Mission was to provide
developers with high quality foundation designs
that could then be placed out to bid for competitive
material and installation costs. We have provided
thousands of Post-Tension Foundation designs for
Residential, and Civic School and Park designs over
the last 20 years. We specialize in Post-Tension
Slab-On-Grade designs for Residential Single Family
Tract Homes, Multi-Family Housing, Apartments,
and Sport Court Designs.

Our expertise in sport court construction is valued
by many of the Tennis Court contractors in the
Southern California area, for reliable designs and
details that provide great performance and cost
efficient installation. Our Sport Court designs have
been utilized by many public and private schools
throughout California and have passed the scrutiny
of DSA plancheck. We have also designed courts
for both Municipal parks and private residences.

Relevant Project Experience
• Esencia Sports Park, Rancho Mission Viejo, CA
• Garden City Acres Public Park, Oxnard, CA
• Irvine High School, Irvine, CA
• Magnolia High School, Anaheim, CA
• Montego Park, Navato, CA
• Portola Park, Lake Forest, CA
• Roosevelt High School, Fresno, CA
• Thomas Aquinas College, Santa Paula, CA
• UCI Tennis Courts, Irvine, CA
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City of San Clemente • Steed Park Pickleball Courts | 13 Gregory Silver M.SC., PE, GE
President/CEO
Geotechnical Engineer
GMU Geotechnical, Inc.

Mr. Silver has over 30 years of progressively responsible engineering and management experience in a wide variety of geotechnical engineering projects. He has worked
successfully for and with industrial, residential, and
commercial developers, master community planners, and
governmental agencies. He has extensive experience in
landslide evaluation and remediation design, geotechnical instrumentation, residential and commercial development, public works projects, municipality consultation,
mechanically stabilized earth walls, and forensic projects. In addition, he has served as an expert witness in regards to numerous geotechnical issues over the last 25 years. Over the period of 1988 to 1997, Mr. Silver was City Geotechnical Engineer for numerous cities throughout Southern
California. Currently, Mr. Silver serves as President and Principal Engineer of GMU. Mr. Silver is a past president of CalGeo – a 100 member firm statewide organization.

Education
• M.S. Civil Engineering - California State University, Long Beach, CA
• B.A. Geological Sciences - University of California at Santa Barbara, CA
Registrations
• Registered Civil Engineer - State of California
• Registered Geotechnical Engineer - State of California • Registered Civil Engineer – State of Nevada
Professional Affiliations
• President for the California Geotechnical Engineers
Association (CGEA)
Relevant Project Experience
• Dog Park Feasibility and Concept Plans, Mission Viejo, CA • Jurupa Valley Aquatic Center, Riverside County, CA
• Santa Clarita Sports Complex & Aquatic Center,
Santa Clarita, CA
• Esencia Sports Park, Ranch Mission Viejo, CA
• Sendero Field, Rancho Mission Viejo, CA
• Hilltop Club at Esencia, Rancho Mission Viejo
• Sendero Core Recreation Site, Rancho Mission Viejo, CA • Pavion Park Restroom Addition, Mission Viejo, CA
• Founders Park, Ladera Ranch, CA
• Park Feasibility Studies, Mission Viejo, CA
• Tierra Grande Park, Talega, San Clemente, CA
Rubio Medina
Owner, Architect
RM Architecture is a sole proprietor, full service architectural, planning, and construction management firm established in 2010. They devote principal level leadership to each and every project. With this approach RM Architecture is able to provide quality services which results in successfully implemented projects, lasting relationships and repeat clients. With a diverse background RM Architecture is able to quickly establish and identify programmatic obstacles, establish consensus among multiple stakeholders, and develop design solutions that are relevant, have character, and are engaging. They are a certified small business enterprise (SBE) located in the City of Irvine providing services to the surrounding counties of Riverside, Los Angeles, San Diego, and Orange County. As a small firm they are able to be more selective in projects and provide exceptional services to each and every one of their clients. All projects are lead and involve firm principal and owner Rubio Medina who has over twenty years experience providing project management and guidance to both public and private clients.

Registrations: CA Architect c. 30059
Certified Small Business Enterprise: 1754662
Project Experience
• Balboa Island Fire Station Remodel, Newport Beach, CA • Big Canyon Reservoir Auxiliary Facility Maintenance Yard, Newport Beach, CA
• Corona Fire Department Facility Assessment and Planning, Corona, CA
• Costa Mesa City Hall Restroom Accessibility Renovation, Costa Mesa, CA
• Costa Mesa City Hall Remodel, Costa Mesa, CA
• El Segundo Beach Lifeguard Station, El Segundo, CA
• Glendale Fire Facility Assessment, Glendale, CA
• Inland Empire Utilities Agency Tenant Improvement,
Ontario, CA
• Inland Empire Utilities Agency Operations Building
Assessment and Space Planning, Ontario, CA
• Irvine On-Call Architectural Services, Irvine, CA
• Laguna Beach Main Beach Restroom Replacement,
Laguna Beach, CA
• Laguna Beach On-Call Architectural Services,
Laguna Beach, CA
• Main Branch Library Remodel, Newport Beach, CA
• Montebello Land and Water Reservoir Façade, Montebello, CA
• Nature Center ADA Upgrades, Irvine, CA
• Newport Beach Lifeguard Remodel, Newport Beach, CA
• Orange County Water District Annex Facility Locker Room Remodel, Fountain Valley, CA
• Rodgers Senior Center Upgrades, Huntington Beach, CA
• Santa Monica Fire Facility Assessment and Programming, Santa Monica, CA
• Santa Monica On-Call Architectural Services, Santa Monica, CA
• South Coast Water District Lift Station 2 Façade,
Laguna Beach, CA
• Turtle Rock Community Center ADA Upgrades, Irvine, CA 141
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Specific to the Steed Park project, RJM has designed a multitude of both new and A
converted pickleball facilities. Our experience includes post-tension slab designs as well as traditional cast-in-place construction methods. All of our designs have been from the lens of park evolution. This entails planning court modifications to be implemented with relative low renovation impact should these courts change to basketball, tennis, or other hardcourt elements in the future.

Our design team will include the expertise of Certified Pickleball Teaching Professional, Diana Abruscato. Diana is a professional pickleball teaching instructor and is currently implementing pickleball programming in four Southern California cities. Additionally, Diana is the owner of Performance Pickleball LLC, where she coordinates special events, leagues, tournaments, camps, and clinics to fit a variety of players. RJM will team with Diana throughout the duration of the Steed Park project who will function as the pickleball expert to assist in the review of City goals, frequency and size of tournaments, revenue generation, and ensure the proposed plan meets those objectives.

BEFORE
Worthy ParkBasketball Courts
Huntington Beach, CA
AFTER
Converted Pickleball Courts
RJM Project w/ Diana A.

Firm Experience
142
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City of San Clemente • Steed Park Pickleball Courts | 15 References
Project Summary
Portola Park is a new 6.34 acre park located at the intersection of Glenn Ranch Road and Saddleback Ranch Road in Lake Forest. It is located near the new Iron Ridge community. The park provides many passive and active amenities for visitors, as well as fantastic overviews of the nearby open space.

Portola Park contains three (3) pickleball courts, which are the first public pickleball courts in the City.

A large playground offers varied play opportunities, with a climbing net, musical play elements, a large shaded play structure, and swings. Other active elements include one (1) outdoor sand volleyball court, several exercise stations, and an open turf area large enough to fit a U12 youth soccer field. The park also contains multiple shaded seating and gathering spaces, a restroom, drinking fountains, and a large picnic shelter. A perimeter walking trail winds throughout the park and connects with existing local trails. This trail system provides access throughout the region and includes hiking trail connections, such as to the nearby Whiting Ranch Wilderness Park.

The park also includes a new dog park accessible by a meandering walkway from the larger Portola Park.

The dog park contains separate areas for large and small dogs. A third space is open during maintenance of the other two dog play areas. The dog park includes doggie drinking fountains and dog agility equipment.

Shaded seating and DG walkways within and around the perimeter allow easy access for human users.

Portola Park
Lake Forest, CA
Completion Date: 2020
Project Size: 6.34 acres
Design Cost: $316,000
Construction Cost: $4.9M
Client Reference
Debra Rose
City of Lake Forest, Public Works Department
25550 Commercentre Drive, Suite 100
Lake Forest, CA 92630
(949) 461-3490 | [email protected]
Project Team
Principal: Larry P. Ryan
Project Manager: Craig Sensenbach & Erik Curran
Firm Experience
143
DRAFT
16 | City of San Clemente • Steed Park Pickleball Courts Project Summary
Orange County’s newest community, Rancho Mission Viejo, is located off Ortega Highway in South Orange County. It is home to a master planned 30 acre sports park unlike any other. Nestled in a natural rolling southern California landscape setting the environmental design of Esencia Sports Park is modeled after ranch industrialized facilities with board form buildings, steel I-beam shade structures, lighting, and landscape.

This rustic sports park offers both private and public amenities including: two (2) baseball fields, one (1) softball field, custom designed restroom and concessions building, one (1) synthetic multi-use field, one (1) playground, two (2) dedicated tennis and eight (8) dedicated pickle ball courts, and parking. Additional passive support amenities include hiking trails, exercise stations, and picnicing.

The sports park also offers community aquatic facilities overlooking the park complete with restrooms, a splash pad, lap swim lanes, open recreational swimming, as well as BBQ and cabana lounge areas. The site itself was designed to eliminate the need for expensive retaining walls while maximizing the buildable area through terraced pads and elevated concourses. The resulting design created hillside terraced seating, and elevated concessions allowing for maximum spectator viewing opportunities in a cost effective manner.

The new Esencia Sports Park is designed to fulfill much of the recreational needs identified for this new community.

Esencia Sports Park
Rancho Mission Viejo, CA
Project Team
Principal: Larry P. Ryan
Project Manager: Zachary Mueting
Project Completion: 2020
Project Size: 30 acres
Design Cost: $1,887,600
Construction Cost: $24M
Client Reference
Jennifer Taylor
Senior Project Manager
Rancho Mission Viejo Company
28811 Ortega Highway
San Juan Capistrano, CA 92693
(949) 240-3363 | [email protected]
Firm Experience
144
DRAFT
City of San Clemente • Steed Park Pickleball Courts | 17 Project Summary
In 2014, RJM Design Group completed a preliminary study of the existing conditions and the possible improvements to park amenities that could be made to update the existing Worthy Park site. Given the park’s proximity to City Hall and the adjacent Huntington Beach High School, the site was very visible and showing signs of age. A racquetball court building, that had been shuttered nearly 10 years prior due to the waning interest in the sport, stood right in the center of the park in severe disrepair. The full-size basketball courts had been taken over by the surge in popularity of pickleball with the local community.

The racquetball building was razed giving way to a natural turf practice field, the basketball courts were converted to four pickleball courts, and new play equipment and a picnic shelter compliment the site.

Residents have overwhelmingly responded to the facelift, and are now requesting that the other portions of the park be updated to match.

Worthy Park Renovation
Huntington Beach, CA
Completion Date: 2017
Project Size: 1.2 Acres
Design Cost: $ 1.49 Million
Construction Cost: $ 1.75 Million
Client Reference
Chris Slama
Director of Community & Library Services
City of Huntington Beach
(714) 536-5495
[email protected]
Project Team
Principal: Larry Ryan
Project Manager: Andrew Steen
Firm Experience
145
DRAFT
18 | City of San Clemente • Steed Park Pickleball Courts RJM DESIGN GROUP, INC. offers its clients personalized service that is delivered on time and within budget. The principals of RJM maintain personal involvement in all aspects of the project.

Our success is based on our ability to perform, meeting the needs of the client and the project.

Here’s a list of clients from the past 3 years. Please feel free to contact them as we are sure they will share their success stories of projects we have helped them accomplish.

Client:

Gary Wiggle
Owner, Keisker & Wiggle
Architects, Inc.

INDIAN WELLS TENNIS
CENTER
78-200 Miles Avenue
Indian Wells, CA 92210
(949) 388-1250
Project Description:

Indian Wells Tennis Garden
Principal in Charge:

Larry P. Ryan
Client:

Jennifer Taylor
Senior Project Manager

RANCHO MISSION VIEJO

COMPANY
28811 Ortega Highway
San Juan Capistrano, CA 92693
(949) 240-3363
[email protected]
Project Description:

Esencia Sports Park — 30 acre
sports park with (8) dedicated
pickleball courts and (2) tennis
courts
Principal in Charge:

Larry P. Ryan
Zachary Mueting
Client:

Keith Rattay
Assistant City Manager and
Director of Public Services

CITY OF MISSION VIEJO
200 Civic Center
Mission Viejo, CA 92691
(949) 470-3018
[email protected]
Project Description:

Marguerite Tennis Complex
Expansion
Principal in Charge:

Larry P. Ryan
Client:

Debra Rose
Principal Civil Engineer

CITY OF LAKE FOREST
25550 Commercentre Drive
Suite 100
Lake Forest, CA 92630
(949) 461-3490
[email protected]
Project Description:

Portola Park — 6.4 acre park
with (3) pickleball courts
Principal in Charge:

Larry P. Ryan
Client:

Chris Slama
Director of Community &
Library Services

CITY OF HUNTINGTON
BEACH
2000 Main Street
Huntington Beach, CA 92648
(714) 536-5495
[email protected]
Project Description:

Edison Park Renovation —
Park master plan with tennis/
pickleball facilities
Worthy Park Renovation — Park
rehabilitation with pickleball
courts converted from
basketball courts
Principal in Charge:

Zachary Mueting
References
146
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City of San Clemente • Steed Park Pickleball Courts | 19 It is the objective of our Design Team to provide the most comprehensive, yet efficient approach to the development of the Steed Park Pickleball Courts. The fees below include all costs to be incurred by RJM Design Group, Inc. and an allowance for reimbursable expenses.

Note: This fee summary represents our current understanding of the project scope and complexity associated with an estimated project budget of $5-8M.

REIMBURSABLE EXPENSES
When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above professional services fee:
• Structural engineering and calculations for pre-fabricated structures • Printing, plotting, copying, scanning, photography, graphic expenses • Delivery, shipping, and handling of documents
• Permits, plan check, and inspection fees
• City business license
• Agronomic Soils testing

PAYMENTS
Payments are due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1½% of the amount due, compounded monthly.

ADDITIONAL SERVICES
Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client’s request, reimbursable at Consultant’s standard hourly rates. Additional services may include, but are not limited to:

1. Preparation and Attendance of additional meetings, presentations, or site visits beyond those identified in the scope of work.

2. Preparation of additional graphic exhibits and design plans beyond those indicated in the project scope.

3. Design of improvements beyond those designated in the Request for Proposal.

4. Engagement of other consultants not specifically identified above; (security/surveillance, traffic, signage/graphics, utility consultants, construction management, etc.).

5. Specialized billing or accounting forms, invoices, spreadsheets.

6. Revisions to documents required as a result of changes in Client’s direction; changes subsequent to Client’s approval; or changes in governmental codes or regulations.

PHASE / TASK FEE
TASK I — Preliminary Plan & Design Report $118,300
TASK II — Construction Documents $173,905
TASK III — Bid Support & Construction Support $94,345
Combined Task Fee Total $386,550
Reimbursable Expenses Allowance $18,000
FEE GRAND TOTAL $404,550
Fee Proposal
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20 | City of San Clemente • Steed Park Pickleball Courts Fee Proposal (continued)
The above fee proposal is based upon the following understanding:

1. Copies of all available maps, as-builts, survey notes for the topography and/or property will be provided prior to design, including title report.

2. No new ‘off-site’ utility improvements (sewer, water, storm drain, electrical) will be required. Our proposal has assumed that the existing on-site utility services will be utilized and re-routed as required to meet the proposed utility demands.

3. Project drain inlets/outlets to be shown in plan view only (for lines under 18-inches in diameter). Preparation of Storm Drain Plans with Special Structures to disperse concentrated runoff from watersheds outside the project is considered additional work.

CONSULTANTS’ HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates* below:

RJM DESIGN GROUP, INC.

Principal Landscape Architect $210 per hour
Associate Landscape Architect $180 per hour
Landscape Architect $165 per hour
Job Captain / Landscape Designer $150 per hour
CADD Technician / Graphics $135 per hour
Clerical $95 per hour

CIVTEC (CIVIL ENGINEERING/SURVEY)
Principal $185 per hour
Project Manager $150 per hour
Project Engineer $125 per hour
Project Surveyor $120 per hour
Design Engineer $100 per hour
Draftperson $75 per hour
Project Assistant $60 per hour
2-Man Survey Crew $265 per hour
3-Man Survey Crew $345 per hour
GLASIR
On-Site Consulting $135 per hour
Irrigation Designer $110 per hour
Plan Check $110 per hour

FBA ENGINEERING
Principal / Project Director $210 per hour
V.P. / Senior Associate $160 per hour
Associate / Project Manager $160 per hour
Construction Support $135 per hour
Electrical Designer $110 per hour
CAD / BIM Designer $90 per hour
Technical Typist $50 per hour
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City of San Clemente • Steed Park Pickleball Courts | 21 PTD, INC.

Principal / Principal Engineer $200 per hour
Professional Engineering $150 per hour
Project Manager $150 per hour
Draftsman $75 per hour
Clerical $35 per hour
GMU
Principal / Director $280 per hour
Associate Engineer or Geologist $255 per hour
Senior Engineer or Geologist $235 per hour
Project Engineer or Geologist $200 per hour
Senior Staff Engineer or Geologist $180 per hour
Staff Engineer of Geologist $165 per hour
CAD / GIS Design Engineer $120 per hour
Document Preparation and Project Services $105 per hour

RM ARCHITECTURE
Project Architect $150 per hour
Project Manager $135 per hour
Drafting $65 per hour
Clerical $35 per hour
*Charges for subconsultant services are billed at cost plus a 15% coordination fee.

Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above.

Hourly rates will be escalated each August 1st in accordance with any increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2023. Provisions for fee escalation pertain to all contract extensions and additional work. 149
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150
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24 | City of San Clemente • Steed Park Pickleball Courts RJM DESIGN GROUP, INC. has established a reputation of integrity and professionalism within our industry. Our due diligence in performing client services begins with our proposal preparation, contract review and negotiation, and carries through to project completion.

We have reviewed the Professional Consultant Services Agreement for the Steed Park Pickleball Courts project with the City of San Clemente. As part of this review, we identify items which may not conform to the terms of our insurance coverage and/or to California Civil Code section 2782.8 which regulates contracts between public agencies and design professionals. Upon selection for this project, we would like to discuss the following requested changes pertaining to the Professional Consultant Services Agreement. All suggested additions and/or deletions to the contract language are in blue.