Agenda packet — San Clemente City Council, January 17, 2023 (part 2 of 2)

Contract C19-82 Proposal to Extend Scope of Work through 12-31-2023

ESTIMATED COSTS
The additional budget requested for this task is $40,000 for a revised contract maximum of $214,444. Work under this Contract Amendment will be performed in accordance with the rate schedule included as Attachment A.

If you have any questions or wish to discuss this scope of work further, please contact Julie Walters at (248) 981-9683.

Sincerely,
Geosyntec Consultants, Inc.

Julie Walters, CPSWQ, QISP, QSD Misty Steele, CPSWQ, IGP ToR, QSD Senior Professional Principal
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Mr. Dave Rebensdorf
December 21, 2022

Page 3 ends

Contract C19-82 Proposal to Extend Scope of Work through 12-31-2023

ATTACHMENT A
Geosyntec Consultants, Inc.
2023 Rate Schedule
321

CONFIDENTIAL

GEOSYNTEC CONSULTANTS
2023 U.S. RATE SCHEDULE
(All Values are in $USD)
Staff Professional $154
Senior Staff Professional $178
Professional $198
Project Professional $224
Senior Professional $254
Principal $274
Senior Principal $294
Technician I $ 83
Technician II $ 89
Senior Technician I $ 99
Senior Technician II $106
Site Manager I $116
Site Manager II $128
Construction Manager I $142
Construction Manager II $152
Senior Designer
Designer
$190
$160
Senior Drafter/Senior CADD Operator $145
Drafter/CADD Operator/Artist $130
Project Administrator $ 85
Clerical $ 65
Direct Expenses Cost plus 12%
Subcontract Services Cost plus 12%
Specialized Computer Applications (per hour) $ 15
Geosyntec Company Vehicle Rental (per day) $120
Personal Automobile (per mile) Current Gov’t Rate
Photocopies (per page) $0.09
Rates are provided on a confidential basis and are client and project specific.

Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Index for Engineering Services.

Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.

Construction management fee presented upon request.
2023RATE
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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: 1/17/2023 Agenda Item: L.

Department: Finance and Administrative Services
Prepared By: Johanne Thordahl, Human Resources Manager; Jennifer Savage, Assistant to the City Manager
Subject:

APPROVAL OF A CONTRACT BY AND BETWEEN THE CITY OF SAN CLEMENTE AND EWING

CONSULTING TO PROVIDE SERVICES FOR A CLASSIFICATION AND COMPENSATION STUDY

FOR FULL-TIME CITY OF SAN CLEMENTE EMPLOYEES
Fiscal Impact:

There are sufficient funds in account number 001-171-43690 for the contract amount of $79,600.

Summary:

Staff recommends that City Council approve and authorize the City Manager to execute a contract by and between the City of San Clemente and Ewing Consulting, a San Clemente-based firm, to provide for a Classification and Compensation Study for full-time City of San Clemente employees (Attachment 2) in the amount of $79,600.

Background:

On November 2, 2021, the City Council approved the 2021-2024 Memorandum of Understanding (MOU) between the City of San Clemente and the San Clemente City Employees Association (SCCEA) for full-time benefitted San Clemente employees. The MOU includes a provision for the City to commence a classification and compensation study in fiscal year 2022-2023 and implement the classification and compensation study recommendations at the discretion of the City Council.

Discussion:

The City issued a Request for Proposals (RFP) on September 7, 2022. Proposals were due on October 5, 2022. The RFP was open to firms proposing to complete a classification and compensation study for part-time employees, full-time employees, or both. The City awarded a separate contract for part-time employees in November 2022 to address the immediate challenges hiring hourly part-time employees and because of the shorter timeframe and smaller scope of the part-time study. Staff anticipates presenting the results of the part-time classification and compensation study to City Council in February 2023.

Five firms submitted proposals for the full-time classification and compensation study. The firms and proposal amounts are shown in Attachment 1. City staff invited all five firms to participate in interviews; four firms participated. Interview were conducted by the Human Resources Manager, the Assistant to the City Manager, and the SCCEA President. Staff evaluated the consultants on the criteria for selection factors in the City’s policy and procedure for selection of professional contractors and selected local firm, Ewing Consultants, to conduct the full-time classification and compensation study.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/12/2023
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Meeting Date: 1/17/2023 Agenda Item: L.

The firm has more than 30 years of experience providing human resources and management consulting services, including extensive experience providing classification and compensation studies. Ewing Consultants completed the same or similar work for Capistrano Unified School District, Torrance Unified School District, and Rowland Unified School District. Ewing Consulting proposed in-person meetings and employees sessions; in-person meetings are likely important to San Clemente employees. Ewing Consulting was the lowest bidder and the firm has the availability to complete the project in the shortest timeframe proposed by the responsive firms interviewed.

Plan and Policy Consistency:

City staff conducted the proposal process consistent with City Policy and Procedure 201-2-3 in that staff posted the RFP on PlanetBids to solicit at least five firms, staff interviewed at least three firms, and at least two staff conducted the interviews.

Council Strategy:

The action is consistent with Council Strategy 4 - Improve and maintain strong staff recruitment and retention strategy to attract and keep the best and most qualified staff - in that the action supports a project that will assess whether the City’s pay is similar with other agencies.

Recommended Actions:

Staff Recommendation
Approve and authorize the City Manager to execute contract by and between the City of San Clemente and Ewing Consulting to provide for a Classification and Compensation Study for full-time City of San Clemente employees in the amount of $79,600.

Alternatives
The Council could direct staff to execute a contract with a different consulting firm and appropriate additional funds from the unassigned fund balance into account number 001-171-43690.

Attachment:

1. Responsive Firms

2. Professional Services Agreement with Ewing Consultants Notification:

None
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ATTACHMENT 1
Full-time Classification and Compensation Study Proposals Firm Name Proposal Amount
Cooperative Personnel Services $283,000
Ewing Consulting $79,600
Koff & Associates $207,500
MGT of American Consulting $162,450
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1 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 [Ewing Consulting], a [California Corporation], with its principal place of business at [501 N. El Camino Real, San Clemente, CA 92672] ("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 [Classification and Compensation Study] consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional [Classification and Compensation Study] 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 [Classification and Compensation Study] consulting services for the [City of San Clemente Full-time Employee Classification and Compensation Study] project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [Classification and Compensation Study] consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from [January 17, 2023] to [until the services are completed to the satisfaction of the City], 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 ATTACHMENT 2
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2 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.

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: [William A. Ewing, CEO/Project Manager].

3.2.6 City's Representative. The City hereby designates [Johanne Thordahl, Human Resources Manager], 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.

ATTACHMENT 2
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3 3.2.7 Consultant's Representative. Consultant hereby designates [William A.

Ewing, CEO/Project Manager], or his/her designee, to act as its representative for the performance of this Agreement ("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 warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

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

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, ATTACHMENT 2
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4 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.

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 [seventy-nine thousand six hundred dollars] ($[79,600]) 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, ATTACHMENT 2
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5 classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or 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.

If Consultant fails to complete the services within the timeline specified in Exhibit B, the City may terminate the Agreement and/or withhold payment until services are completed to the satisfaction of the City.

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 ATTACHMENT 2
330
6 it may determine appropriate, services similar to those terminated.

Consultant: [Ewing Consulting]
[501 N. El Camino Real]
[San Clemente, CA 92672]
ATTN: [William A. Ewing, CEO/Project Manager]
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: [Johanne Thordahl, Human Resources
Manager]
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.

ATTACHMENT 2
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7 3.5.3.3 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents 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.

ATTACHMENT 2
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8 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Orange County.

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

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

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 ATTACHMENT 2
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9 with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

ATTACHMENT 2
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10 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____
ATTACHMENT 2
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11 EXHIBIT "A"

SCOPE OF SERVICES
ATTACHMENT 2
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City of San Clemente
Classification/ Compensation Study Payment Schedule
At your request, we suggest the following payment schedule as part of the contract.

Payment Due Date Progress Payment Project Progress
January 31, 2023 $13,200 Initiation/ Orientation
February 28, 2023 $13,200 PIQ Data Analysis
March 30, 2023 $13,200 Job Descriptions
April 30, 2023 $13,200
Compensation Data
Analysis
May 31, 2023 $13,300
Overall
Compensation Plan
Design
June 30, 2023 $13,500
Presentation of FInal
Report
Total $79,600
Mr. William Ewing will be the only representative authorized to sign contracts on behalf of Ewing Consulting.

DRAFT ATTACHMENT 2
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City of San Clemente Classification and Compensation Scope of Work Schedule

1. Initiation of Study- Meeting with the key HR people to discuss options in terms of methods to roll out the study to all participants. We suggest including a representative from your technology/ support department to be sure that our Position Information Questionnaire (PIQ) and other communications to all employees can be supported by your system. We will discuss the PIQ with your team and determine whether online form or paper form would be expected to complete the form and then submit it to their immediate supervisor for input and approval.

That submittal can be done using Microsoft or Google Forms or by using a paper form process. In addition, we propose that employees be invited to an orientation session where we describe the steps involved in the study and describe how each person will participate. Perhaps we could offer 3 or 4 dates and employees can come to any session to hear about the study and ask their questions. These orientation sessions are 45 minutes in length and could be used to distribute and review the PIQ. ● Since the PIQ’s will be reviewed by the supervisors, we suggest that one of the sessions include supervisors to explain how the review should be done.
● We give employees 2 weeks to complete the form and the supervisors have 2 weeks to review the PIQ forms.
● If the City wishes to use an advisory committee to follow study progress and provide input to the process, it will be advisable to hold a meeting of the Committee (4 - 5
people) would be advisory only and would not provide
oversight of the project.

Initial Meeting
January 18, 2023.

Orientations on
January 25, 2023
( 9am, 12pm, 4pm)
and January 26,
2023 (10am, 3pm
for supervisors).

PIQs due to
supervisors by
February 8, 2023.

Sent to HR by
February 22, 2023.

Possible Advisory
Committee meeting
January 27, 2023 @
2pm.

2. We will collect data such as organization charts, current job descriptions, personnel policies, contracts, salary schedules and employee data for our employee allocation listing.
● We will benchmark 60% of San Clemente's full time
positions. We will gather data regarding candidates for comparisons for the salary and benefits steps later in the process.

January 19, 2023-
January 26, 2023
data gathering
DRAFT ATTACHMENT 2
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● We will lead discussions regarding comparison agencies depending on data gathered. City management will make
the decision regarding 10-15 comparison agencies based
on input provided by Ewing Consulting. Considerations
for comparison agencies include distance/commute time
from San Clemente, population size, and services
provided.

3. Review completed PIQ forms and assign consultants to occupational groups and departments.

February 22,
2023-March
6, 2023.

4. Conduct interviews with employees. We interview at least one person per classification and anyone who requests an interview on the PIQ. We can conduct individual interviews or groups of people in the same class where appropriate.
● We estimate at least 150-140 interviews. Interviews are usually scheduled at a 30 minute duration with either Mr.

Morgan or Mr. Ewing. We provide the names, dates and
times. We will need assistance from HR in arranging the interviews and contacting the employees.

March 6, 2023-
March 17, 2023.

5. Prepare an allocation listing determining the most appropriate class title for each position and provides recommended
definition for each title.

March 17, 2023.

6. Discuss allocation listing with management and others as appropriate, discuss alternative strategies regarding salary determination and determine survey participants.

March 20, 2023.

7. Prepare updated job descriptions for each class using an agreed upon format allowing changes to classes to be highlighted.

Submit recommended descriptions to management and others as directed. Ewing consultants will provide final
recommendations to management and will meet with
management regarding descriptions and allocations, as
necessary.

March 6,
2023-March 29,
2023.

8. Organize new classes by occupational groups (families) and determine benchmarks for each family.

April 3, 2023- April 7,
2023.

9. Gather survey data including participant descriptions, salary schedules, benefits and practices affecting total compensation.

Discuss benefits to be analyzed and agree on methodology.

April 14, 2023- April
21, 2023.

DRAFT ATTACHMENT 2
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10. Analyze data and provide central tendencies as agreed upon for each benchmark selected. Perform detailed analysis to
determine job matches. Prepare spreadsheets and make
appropriate calculations for base salary and benefits.

April 24, 2023- May 1,
2023.

11. Present methods to determine internal equity computations to project management team demonstrating such methods as
whole job ranking and job evaluation. This may require several meetings resulting in a direction for developing our
recommendations.

April 13, 2023.

Additional
meeting dates
to be
determined
with city staff.

12. Prepare compensation recommendations for salaries not within 5% of the median for City Council consideration. We will discuss base salary schedule options.

April 30, 2023- May 5,
2023.

13. Work with City management regarding implementation options and computations. The form of these recommendations will take a good deal of discussion to assure the study products are understood and most helpful.

May 15, 2023.

Additional dates to
be determined
with city staff.

14. Prepare the final report with supporting documentation and to present to the City Council and management as requested.

Draft final report due to city staff: May 23, 2023
City staff comments due to consultant: June 6, 2023
Final report due to city staff: June 13, 2023
Present to City Council: June 20, 2023
May 15, 2023-
May 31, 2023.

DRAFT ATTACHMENT 2
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12 EXHIBIT "B"

SCHEDULE OF SERVICES
See Exhibit A for Schedule of Services
ATTACHMENT 2
341
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

3.2.12.1 Time for Compliance. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section.

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

ATTACHMENT 2
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(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

ATTACHMENT 2
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3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.12.9 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.12.10 Failure to Maintain Coverage. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement effective upon notice.

3.2.12.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A- VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and ATTACHMENT 2
344
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

ATTACHMENT 2
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EXHIBIT “D”

COMPENSATION
ATTACHMENT 2
346
WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

I have and will maintain workers' compensation insurance, as required by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract. My workers' compensation insurance carrier and policy number are:

Carrier____________________________________________________ Policy Number______________________________________________

I certify that, in the performance of the work under this Agreement, I shall not employ any person in any manner so as to become subject to the workers' compensation laws of California, and I hereby agree to indemnify, defend, and hold harmless the City of San Clemente and all of its officials, employees, and agents from and against any and all claims, liabilities, and losses relating to personal injury or death, economic losses, and property damage arising out of my failure to provide such worker’s compensation insurance. I further agree that, if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with those provisions.

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

ATTACHMENT 2
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
ATTACHMENT 2
348

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 1/17/2023 Agenda Item: A.

Department: Finance and Administrative Services
Prepared By: Jake Rahn, Financial Services Officer
Subject:

ANNUAL REPORT CONCERNING THE MITIGATION FEE ACT FOR FISCAL YEAR 2021-22 - CITY

OF SAN CLEMENTE
Fiscal Impact:

None.

Summary:

Government Code Sections 66001 and 66006 require local agencies requiring the payment of development fees to submit annual notices detailing the status of those fees. For San Clemente those fees include:
a. Regional Circulation Financing and Phasing Program (RCFPP) b. Public Safety Construction Fee
c. Civic Center Construction Fund Fee
d. Storm Drain Fee - Other (City Infill Development Areas) e. Storm Drain Fee - Segunda Deschecha
f. Storm Drain Fee - Prima Deschecha Canada
g. Storm Drain Fee - Marblehead
h. Water Acreage Fee
i. Sewer Connection Fee
Attached to this report please find the Annual Report Mitigation Fee Act for the City of San Clemente for Fiscal Year 2021-22 and relevant exhibits. The Annual Report has been made available to the public at least 15 days prior to the City Council meeting. The City Council is asked to receive and file these reports.

Background:

None.

Discussion:

None.

Plan and Policy Consistency:

None.

Council Strategy:

None.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/10/2023
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Meeting Date: 1/17/2023 Agenda Item: A.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council receive and file the Annual Report concerning the Mitigation Fee Act for Fiscal Year 2021-22.

Attachment:

Annual Report - Mitigation Fee Act - City of San Clemente Fiscal Year 2021-22 Report and exhibits are available to the public at: https://www.san-clemente.org/departmentsservices/finance-administrative-services/mitigation-fees Notification:

Building Industry Association
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 1/10/2023
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Annual Report
Mitigation Fee Act
Pursuant to Government Code 66006
City of San Clemente
Fiscal Year 2021-22
Government Code Section 66006 provides that a local agency that requires the payment of development fees shall prepare an annual and five-year report detailing the status of those fees. The annual report must be made available to the public within 180 days of the end of the fiscal year. The City Council must review the report at the next regularly scheduled public meeting of the Council that falls at least fifteen (15) days after the information is made available to the public. Government Code Section 66013 has similar requirements for capacity charges.

Pursuant to Government Code Section 66006(b)(1) or section 66013(d), as applicable, the following information must be made available to the public:

1. Provide a brief description of the type of fee in the account or fund. a. Regional Circulation Financing and Phasing Program (RCFPP): The fees are used to mitigate the traffic impacts caused by new development in the Benefit Zones. The fees will cause development in the Benefit Zones to pay their fair share of the construction costs of improvements within the Benefit Zones.
b. Public Safety Construction Fee: The fees are used to mitigate the impact of new development on public safety services.
c. Civic Center Construction Fund Fee: The fees are used to mitigate the impact of new development on the need for additional municipal office space. d. Storm Drain Fee – Other Area (City Infill Development Areas): The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the City Infill Development Areas.
e. Storm Drain Fee – Segunda Deschecha: The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the Segunda Deschecha area. f. Storm Drain Fee – Prima Deschecha Canada: The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the Prima Deschecha Canada area.
g. Storm Drain Fee – Marblehead: The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the Marblehead area. 351
h. Water Acreage Fee: The fees are used to mitigate the impact of new development on the City’s water system facilities.
i. Sewer Connection Fee: The fees are used to mitigate the impact of new development on the City’s water reclamation plant.

2. List the amount of the fee
a. Regional Circulation Financing and Phasing Program (RCFPP): Attached as Exhibit #1 b. Public Safety Construction Fee: Attached as Exhibit #2 c. Civic Center Construction Fund Fee: Attached as Exhibit #3 d. Storm Drain Fee – Other Area (City Infill Development Areas): Attached as Exhibit #4 e. Storm Drain Fee- Segunda Deschecha: Attached as Exhibit #4 f. Storm Drain Fee - Prima Deschecha Canada: Attached as Exhibit #4 g. Storm Drain Fee – Marblehead: Attached as Exhibit #4 h. Water Acreage Fee: Attached as Exhibit #5
i. Sewer Connection Fee: Attached as Exhibit #6

3. List the beginning and ending balance of the account or fund. a. Regional Circulation Financing and Phasing Program (RCFPP):

Beginning balance as of 7/1/21: $ 919,680
Ending balance as of 6/30/22: $ 925,633
b. Public Safety Construction Fee:

Beginning balance as of 7/1/21: $ 2,747,428
Ending balance as of 6/30/22: $ 1,537,109
c. Civic Center Construction Fund Fee:

Beginning balance as of 7/1/21: $ 564,323
Ending balance as of 6/30/22: $ 643,514
d. Storm Drain Fee – Other Area (City Infill Development Areas):

Beginning balance as of 7/1/21: $ 647,693
Ending balance as of 6/30/22: $ 290,316
e. Storm Drain Fee – Segunda Deschecha:

Beginning balance as of 7/1/21: $ 2,877,334
Ending balance as of 6/30/22: $ 2,745,111
352
f. Storm Drain Fee – Prima Deschecha Canada:

Beginning balance as of 7/1/21: $ 0
Ending balance as of 6/30/22: $ 0
g. Storm Drain Fee – Marblehead:

Beginning balance as of 7/1/21: $ 82,394
Ending balance as of 6/30/22: $ 73,693
h. Water Acreage Fee:

Beginning balance as of 7/1/21: $ 3,299,883
Ending balance as of 6/30/22: $ 3,236,337
i. Sewer Connection Fee:

Beginning balance as of 7/1/21: $ 7,376,929
Ending balance as of 6/30/22: $ 7,068,650

4. List the amount of the fees collected and the interest earned. a. Regional Circulation Financing and
Fees Collected Interest Earned
/Investment Income
Phasing Program (RCFPP): $ 91,896 $ (24,251)
b. Public Safety Construction Fee: $ 292,749 $ (69,003) c. Civic Center Construction Fund Fee: $ 96,360 $ (14,173) d. Storm Drain Fee – Other Area
(City Infill Development Areas): $ 231 $ (14,941)
e. Storm Drain Fee – Segunda Deschecha: $ 955 $ (66,375) f. Storm Drain Fee –
Prima Deschecha Canada: $ 0 $ 0
g. Storm Drain Fee – Marblehead: $ 0 $ (1,901)
h. Water Acreage Fee: $ 48,720 $ (90,879)
i. Sewer Connection Fee: $ 0 $ (175,746)

5. Provide an identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees.

Attached as Exhibit #7

353

6. Provide an identification of an approximate date by which the construction of the public improvements will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete. For capacity charges, this section also details any public improvements anticipated to be provided in the following year. a. Regional Circulation Financing and Phasing Program (RCFPP):

The City has determined that sufficient funds have been collected to complete the design for Ave Pico Bike and Pedestrian Path, Vera Cruz to Frontera, Phase I (project no. 17337). Design is underway and planned for completion in early 2023, with construction anticipated in Spring 2025.

The City has determined that sufficient funds have been collected to complete the design for Pico Widening, I-5 to Frontera, project (project no.18325). Design is underway and planned for completion in early 2022, with construction anticipated in Spring 2023. b. Public Safety Construction Fee:

The City has determined sufficient funds have been collected to complete the second phase of the Calle Negocio remodel project to incorporate a Police Sub-Station on the 2nd Floor. Construction began in Fiscal Year 2021 and was completed in Fall 2022 (project no. 10546).
c. Civic Center Construction Fund Fee:

The City has determined sufficient funds have been collected to complete the second phase of the Calle Negocio remodel project to incorporate a Police Sub-Station on the 2 nd Floor. Construction began in Fiscal Year 2021 and completion is anticipated in Fiscal Year 2023 (project no. 10546).
d. Storm Drain Fee – Other Area ( City Infill Development areas):

The City has determined that sufficient funds have been collected to complete the City Master Plan of Drainage – Other Areas project (Project no. 34001). The Master Plan development commenced in 2016, with a draft master plan completed by a consultant in FY2018-19. The plan is currently under review with the City Attorney, and it is anticipated that the City Council will adopt the plan in 2023.

The City has determined that sufficient funds have been collected to complete the MOOS05 Montalvo Canyon Outlet project (Project no. 16004). The MOOS05 Montalvo Canyon Outlet project commenced in 2016 and the City continued working with the California Coastal Commission until the project was finally permitted in 2022. Currently the final plans, based on Coastal Commission’s conditions, are being completed with construction anticipated in Fall 2023.

The City has determined that sufficient funds have been collected to complete the Storm Drain Improvements at PCH & Camino San Clemente project (project no. 10016).

The project was completed in early 2022.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in the Master Plan project.

354
e. Storm Drain Fee – Segunda Deschecha:

The City has determined that sufficient funds have been collected to complete the City Master Plan of Drainage – Segunda Deschecha project (Project no. 34003). The Master Plan development commenced in 2016, with a draft master plan completed by a consultant in FY2018-19. The plan is currently under review with the City Attorney, and it is anticipated that the City Council will adopt the plan sometime in 2023.

The City has determined that sufficient funds have been collected to complete the Storm Drain Improvements at 1601 Calle Las Bolas project (project no. 10015). The project is under construction with completion anticipated in Spring 2023.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in the Master Plan project. f. Storm Drain Fee – Prima Deschecha Canada:

The City has determined that sufficient funds have been collected to complete the City Master Plan of Drainage – Prima Deschecha project (Project no. 34002). The Master Plan development commenced in 2016, with a draft master plan completed by a consultant in FY2018-19. The plan is currently under review with the City Attorney, and it is anticipated that the City Council will adopt the plan sometime in 2022.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in the Master Plan project. g. Storm Drain Fee – Marblehead:

The City has determined that sufficient funds have been collected to complete the City Master Plan of Drainage – Marblehead project (Project no. 34004). The Master Plan development commenced in 2016, with a draft master plan completed by a consultant in FY2018-19. The plan is currently under review with the City Attorney, and it is anticipated that the City Council will adopt the plan sometime in 2023.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in the Master Plan project. h. Water Acreage Fee:

The City has determined that sufficient funds have been collected to complete the Reeves Pump Station project (Project no. 17405) in the Marblehead Coastal area. Final design of the Pump Station was completed in 2019, and construction is expected to begin in Fall 2023.

The City has not determined that sufficient funds have been collected to complete the Recycled Water Expansion – Phase II project (Project no. 17407). The project will analyze the potential to expand the existing recycled system. The project commenced in 2017 and design and partial construction are expected to be completed in calendar year 2023.

The City has determined that sufficient funds have been collected to complete the Dana Point Ocean Water Desalinization Study project (Project no. 38401). The study is complete, salvage of the pumping system and project closeout was completed in FY2022.

The City has not determined that sufficient funds have been collected to complete any desalinization project ultimately recommended in the Study project.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in the Master Plan project. 355
i. Sewer Connection Fee:

The City has determined that sufficient funds have been collected to complete the Sewer System SCADA Improvement project (Project no. 12605). Project design is complete, with construction delayed due to lack of funding based on the bids received.

Staff is evaluating other options to complete the project.

The City has determined that sufficient funds have been collected to complete the SMWD Trampas Recycled Water Reservoir project (Project no. 12207). Final Agreement for capacity purchase into the project is being finalized.

The City has determined that sufficient funds have been collected to complete the SMWD Pico Recycled Water Pump Station project (Project no. 12206). Final Agreement for capacity purchase into the project is being finalized.

7. Provide a description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

A $25,890 transfer from the City’s Regional Circulation and Financing and Phasing Program was made to the Gas Tax Fund to fund a portion of the Camino Del Rio and La Pata Extensions (project no. 18316).

8. Provide the amount of any refunds made from surplus fees and the amount of any allocations made pursuant to subdivision (f) of Section 66001. (Subdivision (f) of Section 66001 requires reallocation of surplus fees where the administrative costs of refunding the fees exceed the amount to be refunded.)
a. Regional Circulation Financing and Phasing Program (RCFPP):

None
b. Public Safety Construction Fee:

None
c. Civic Center Construction Fee:

None
d. Storm Drain Fee – Other Area (City Infill Development Areas):

None
e. Storm Drain Fee – Segunda Deschecha:

None
f. Storm Drain Fee – Prima Deschecha Canada:

None
g. Storm Drain Fee – Marblehead:

None
h. Water Acreage Fee:

None
i. Sewer Connection Fee
None 356
FISCAL YEAR 2022

CITY OF SAN CLEMENTE
RCFPP Impact Fee
Effective July 1, 2021
Exhibit #1
RCFPP (Regional Circulation Financing Phasing Program)
Zone I & II - Marblehead Inland and Coastal
Single Family $7,970/DU
Multi-Family $4,649/DU
Non-Residential $4.50/SF
Zone III - Rancho San Clemente
Single Family $1,340/DU
Multi-Family $782/DU
Non-Residential $1.50/SF
Zone IV - Forster Ranch
Single Family $1,105/DU
Multi-Family $645/DU
Non-Residential TBD
Zone V - Talega Valley City
Single Family $740/DU
Multi-Family $432/DU
Non-Residential $1.00/SF
Zone VI - Talega Valley County
Single Family $545/DU
Multi-Family $318/DU
Non-Residential $1.00/SF
Zone VII, VIII, IX, X
Single Family $900/DU
Multi-Family $525/DU
Non-Residential $1.50/SF
Note:

1. DU stands for Dwelling Unit.

2. SF stands for Square Foot.

3. TBD stands for To Be Determined.
357
FISCAL YEAR 2022

CITY OF SAN CLEMENTE
Public Safety Construction Fee
Effective January 1, 2022
Exhibit #2
Public Safety Construction Fee
Each Residential Unit $1,776.10
Commercial Unit $442.61/1000 sq. ft.

Fee fluctuates annually (Jan 1st) based on the Consumer Price Index and is charged to every new residential and commercial unit.

Note:

DU stands for Dwelling Unit.
358
FISCAL YEAR 2022

CITY OF SAN CLEMENTE
Civic Center Construction Fund Fee
Effective January 1, 2022
Exhibit #3
Civic Center Construction Fund Fee
Residential Unit $611.40
Fee fluctuates annually (Jan 1st) based on the Consumer Price Index and is charged to every new residential unit.

Note:

DU stands for Dwelling Unit.
359
FISCAL YEAR 2022

CITY OF SAN CLEMENTE
Storm Drain Fees
Effective July 1, 2021
Exhibit #4
Storm Drainage Fee:

Other Areas $600/acre
Segunda Deshecha $3,409/acre
Prima Deshecha Canada $5,633/acre
Marblehead Coastal $1,650/acre
360
FISCAL YEAR 2022

CITY OF SAN CLEMENTE
Water Acreage Fee
Effective July 1, 2021
Exhibit #5
Water Acreage Fee
For developments having estimated water demand with the water usage limits set forth herein, the water acreage assessment charge (water connection fee) shall be:

Estimated Water Demand not to exceed*
Existing Developed Areas:

Residential 450 gal/DU/Day* $2,388/acre or
398/DU,
whichever is
greater
Commercial 2500 gal/acre/day* $2,388/acre
Industrial 3500 gal/acre/day* $2,388/acre
Undeveloped Areas:

Residential n/a; fee per DU $3,156/DU
Commercial 2500 gal/acre/day* $10,500/acre
Industrial 3500 gal/acre/day* $10,500/acre
*All requests for commercial or industrial water service, and for multiple residential water service in the "existing developed area" shall be reviewed by the City Engineer for determination of compliance of the proposed use with the above water demand.

For developments which exceed the water demand limits listed above, the water acreage fee shall be calculated as follows:

Existing Developed Areas:

Residential $0.884/gal/day
Commercial $0.955/gal/day
Industrial $0.682/gal/day
Undeveloped Areas:

Residential n/a; fee per DU $3,156/DU
Commercial $4.20/gal/day
Industrial $3.00/gal/day
Note:

1. DU stands for Dwelling Unit.

2. Gal stands for Gallon.
361
FISCAL YEAR 2022

CITY OF SAN CLEMENTE
Sewer Connection Fee
Effective July 1, 2021
Exhibit #6
Sewer Connection Fee: (Acct. 001-000-32372)
(**Sewer Connection Fees were previously automatically increased by 10% at the beginning of each year per San Clemente Municipal Code Sections 13.24.220 and 13.24.250, Ord. 874.

There has been a temporary moratorium approved by City Council on December 17, 2019 via resolution 19-055.

Residence or Dwelling Unit, Including Apts.:

Fee Area "A" (areas previously subdivided prior to Ordinance 663 dated 3/5/76) $0** Fee Area "B" (areas subdivided after Ordinance 663, dated 3/5/76, and not included in the original Sewer Assessment District No. 85-1*) $0**
Commercial & Industrial
Fee Areas "A" and "B" (All areas except those included in the original Sewer Assessment District No. 85-1) $0**
Hotel, Motel, Mobile Homes, Etc.

Fee Area "A" (areas previously subdivided prior to Ordinance 663 dated 3/5/76) First Unit: $0**
Each Subsequent Unit: $0**
Fee Area "B" (areas subdivided after Ordinance 663, dated 3/5/76 and not included in the original Sewer Assessment District No. 85-1*)
First Unit: $0**
Each Subsequent Unit: $0**
*Above fees applicable to properties not included in the original Assessment District No. 85-1 (Wastewater Treatment Facilities), which was subsequently refinanced. Properties included in said District have been assessed for sewer facilities and not subject to above fees.

VERIFICATION OF SEWER ASSESSMENT to be obtained from Engineering Division prior to issuance of building permits.

Note:

DU stands for Dwelling Unit.
362
Exhibit #7
FISCAL YEAR 2021-2022

CITY OF SAN CLEMENTE
Section 5
Public Improvement Expenditures
Project Name Project # Expenditure % Funded
with Fees
Regional Circulation Financing and Phasing Program (RCFPP) Ave Pico - Class I Bike/Ped Path Ph I 17337 $ 27,119.36 100% Camino Del Rio and La Pata Extensions 18316 $ 25,890.00 100% Ave Pico Widening - I-5 - Frontera 18325 $ 4,172.50 100% General Fund administrative reimbursement $ 4,510.00 ** 100% Pubic Safety Construction Fee
Negocio 2nd Floor Design 10546 $ 1,419,480.49 75%
General Fund administrative reimbursement $ 14,584.00 ** 100% Civic Center Construction Fund Fee
City Hall Relocation 18804 $ 29,815.44 50%
General Fund administrative reimbursement $ 2,996.00 ** 100% Storm Drain Fee – Other Area (City Infill Development Areas) SD Improvement at PCH & Camino 10016 $ 283,941.22 100%
MOOS05 Montalvo Canyon Outlet 16004 $ 47,615.76 100%
General Fund administrative reimbursement $ 11,110.00 ** 100% Storm Drain Fee – Segunda Deschecha
City Master Plan of Drainage - Segunda Deschecha 34003 $ 4,284.48 100% SD Improvements at 1601 Calle Las Bolas 10015 $ 48,833.00 100% Catch Basin and SD Improvements 12003 $ 5,055.08 100%
General Fund administrative reimbursement $ 8,630.00 ** 100% Storm Drain Fee – Marblehead
General Fund administrative reimbursement $ 6,800.00 ** 100% Storm Drain Fee – Prima Deschecha Canada
General Fund administrative reimbursement $ - ** 100%
363
Exhibit #7
FISCAL YEAR 2021-2022

CITY OF SAN CLEMENTE
Section 5
Public Improvement Expenditures
Project Name Project # Expenditure % Funded
with Fees
Water Acreage Fee
Reeves Pump Station 17405 $ - * 100%
Recycled Water Expansion Phase II 17407 $ 6,327.66 * 100% Dana Point Ocean Water Desalinization Project 38401 $ - * 100% General Fund administrative reimbursement $ 15,060.00 ** 100% Sewer Connection Fee
Tertiary Filter Backwash Improvements 16207 $ - * 100%
SMWD Pico Recycled Water Pump Station 12206 $ - * 100%
SMWD Trampas Recycled Water Reservoir 12207 $ - * 100%
Cyprus Shores PS Relocation 12210 $ 81,019.54 100%
Recycled Water Conversion Program 34201 $ 8,934.75 100% WRP Efficiency Study 39202 $ 16,269.69 100%
General Fund administrative reimbursement $ 26,310.00 ** 100% * Projects are budgeted, but no costs incurred in the current year. ** Administrative costs is a reimbursement for overhead related to General government costs incurred such as city clerk, finance, treasury, and other general costs. 364

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 1/17/2023 Agenda Item: B.

Department: Public Works
Prepared By: Kiel Koger, Public Works Director / City Engineer Subject:

CONLEY HEARING ON APPEAL OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112 Fiscal Impact:

None
Summary:

Staff recommends that City Council affirm the revocation of Administrative Encroachment Permit (AEP) E22-0112. San Clemente Municipal Code (SCMC) Section 12.20.020 governs the application and approval authority of Encroachment Permits for private improvements constructed within the street right-of-way. The decisions of the Public Works Director may be appealed to the City Council per SCMC 17.12.140. Staff’s revocation of the Conley AEP resulted from the receipt of another AEP application from their neighbor whose property is directly abutting and adjacent to the subject street right-of-way area.

The Conleys, residents of 4055 Via Manzana in San Clemente, have informed staff that they have been maintaining the city right-of-way in front of 27001 Paseo Activo in San Juan Capistrano for approximately 30 years. The City limit runs between the properties and a majority of 27001 Paseo Activo is within the City of San Juan Capistrano (see Attachment 1). The Conleys were issued an Administrative Encroachment Permit (AEP) by San Clemente staff in May 2022 (Attachment 2) to continue maintaining this parkway with the understanding that the permit could be revoked if their neighbors (Irions), who live at 27001 Paseo Activo, utilized or needed access to their property located on the other side of the easement. The Irions subsequently applied to the City of San Clemente for an AEP in August 2022 to maintain this area and to construct a border wall in the city right-of-way.

The Irion’s application was partially approved in October 2022. This partial approval would allow retaining walls, landscaping and lights in the public right-of-way area, but not in the area of the Conley improvements. The Irions then resubmitted their application in October 2022 to include all of the original request in addition to the construction of a pergola and privacy walls on their property in San Juan Capistrano. The application also included a building permit for the privacy wall issued from the City of San Juan Capistrano. The Irion AEP application was tentatively approved by San Clemente staff on November 15, requiring revocation of the Conley’s previous (revocable) AEP on the same day (Attachment 3).

On December 6, 2022, City Council directed staff to agendize the summary of the process for the December 20, 2022 City Council meeting. At that December 20, 2022 meeting, City Council received and filed staff’s summary report.

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Background:

Staff has been involved with this issue for over a year. Below is a timeline of key events:
· November 30, 2021 - Staff met with the Conleys on site to assess the issue (the Irions were present).
· December 9, 2021 - After review of the City’s Municipal Code and the State Streets and Highway Code, staff determined that the maintenance of the City right-of-way should be with the neighboring property owner (the Irions).
· January 2022 - The Irions removed landscaping.
· May 2022 - The Conleys formally applied for and were awarded an AEP (E22-0112) to maintain the right-of-way area with the understanding that the Irions would be allowed access to their property through this area in the future if needed and the permit may be revoked at any time.
· August 1, 2022 - The Irions submitted an AEP application to install walls within the city right-of-way, landscaping, lights, etc. up to the Conley’s property line. · September 22, 2022 - The Irion’s application was partially approved with the exception of the right-of-way walls in the area of the Conley’s existing permit. · October 4, 2022 - Staff met with the Irions to discuss the permit application. · October 26, 2022 - The Irions resubmitted their AEP application with a copy of a building permit from San Juan Capistrano (dated 10/24/22) to build a privacy wall on their property. They requested also to install walls within the city right-of-way, landscaping, lights, etc. up to the Conley’s property line. The associated pergola is proposed to be less than 120 square feet therefore it does not require a building permit from San Juan Capistrano.
· November 15, 2022 - The Irion’s permit was verbally approved and the Conleys were notified in writing that their permit was being revoked giving them 3 weeks to remove landscaping from the area per the signed AEP.
· November 24, 2022 - The Conleys sent an email requesting an appeal of revocation of AEP.
· December 6, 2022 - City Council requested staff return with a summary of the revocation of the Conley AEP.
· December 12, 2022 - After staff consultation with the City Attorney, the Conley’s were notified of the appeal fee and requirements for providing public notice documents. · December 19, 2022 - The Conley’s paid the appeal fee and provided the necessary public notice documents.
· December 20, 2022 - City Council received and filed staff’s report on a summary of the Conley AEP and revocation of the permit.
· Per Municipal Code 17.12.140, a public hearing on an appeal shall be held within 60 days of the receipt of an appeal application.

Discussion:

The City of San Clemente Municipal Code (SCMC) states under Chapter 12.24 “Maintenance, CITY OF SAN CLEMENTE Page 2 of 4 Printed on 1/11/2023
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Meeting Date: 1/17/2023 Agenda Item: B.

The City of San Clemente Municipal Code (SCMC) states under Chapter 12.24 “Maintenance, Repair, Protection and Landscaping of Public Property by Abutting Property Owners” and subsection

12.24.020A that “the owner of any property fronting on or adjacent to any portion of a street, sidewalk, bikeway, trail or parkway shall perform landscape maintenance on any and all trees, shrubs, hedges and/or ground cover (excluding street trees) on his or her property including any portion of such a tree, shrub, hedge or ground cover which encroaches into the street, sidewalk, bikeway, trail or parkway.”
The Street and Highways Code of California also states in Chapter 22, Section 5610 that “the owners of lots or portions of lots fronting on any portion of a public street or place when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas save and except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such persons shall be under a like duty in relation thereto.” The term “sidewalk” includes a park or parking strip maintained in the area between the property line and the street line and also includes curbing, bulkheads, retaining walls or other works for the protection of any sidewalk or of any such park or parking strip.

According to the Conley’s Notice of Appeal (Attachment 4), the grounds of the appeal are related to the matter of the Irions residing in San Juan Capistrano, and that there is no need for the 3 foot walkway to access the Irion’s property. There is also mention of the Irions potentially planning an Accessory Dwelling Unit (ADU) or another structure in the area.

The Administrative Encroachment Permit (Attachment 2) executed by the City and the Conleys states that the “City reserves the right to allow and permit future modifications to the City Property at any time and for any reason. Said modifications to the City Property may result from, among other things, the issuance of an encroachment permit to another party and/or activities by City, another government agency or public utility, or any other party allowed by City to obtain access to inspect and/or maintain, repair, replace, or add other facilities or improvements within the City Property.” Per the executed agreement, and as per City and State codes, staff revoked the Conley’s AEP (Attachment 3) upon receipt of an AEP application from the Irions whose property is directly abutting and adjacent to the subject area of street right-of-way.

Plan and Policy Consistency:

The action is consistent with the following General Plan Goals and Policies:
· G-1.08. Consistency in Staff Recommendations. We require that staff recommendations be consistent with adopted City policies and plans and state and federal law.

Council Strategy:

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Meeting Date: 1/17/2023 Agenda Item: B.

None.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council affirm staff’s decision revoking Administrative Encroachment Permit E22-0112.

Attachment:

1. Site Plan

2. Conley AEP E22-0112

3. City Letter Revoking AEP E22-0112

4. Conley Notice of Appeal
Notification:

Notice was mailed to property owners within 300 feet, posted on-site, and published in the SC Times.

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369
ATTACHMENT 2
370
371
372
373
374
375
376
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380
381
382
383
384
385
386
387
388
389
390
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392
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394

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 1/17/2023 Agenda Item: A.

Department: City Manager
Prepared By: Jonathan Lightfoot, Economic Development Officer Subject:

Consideration of Pilot “Green Line” Trolley Route
Fiscal Impact:

The City Council has previously authorized a supplemental appropriation of $59,230 to account # 021 -808-43690 (Other Professional Services) for continued weekend Trolley operations between January and March of 2023 on the red line and $34,000 for two trolleys on a pilot route for up to 12 weeks prior to Memorial Day weekend.

Summary:

Staff recommends that a pilot route connect to a stop that is shared or near to the Red Line. The two busiest stops on the Red Line route are at the San Clemente Outlets and at the San Clemente Pier.

Staff has provided two alternatives for consideration: an inland route linked to the Outlets (Attachment 2) and a southern route linked to the Pier (Attachment 3).

Background:

At its December 20, 2022 regular business meeting, the City Council authorized an extension of the trolley operations contract with LAZ for the 2023 season, adding Saturday and Sunday service on the red line for January through March and approving a pilot route for the two Blue Line trolleys, which would otherwise be out of service until Memorial Day weekend. The Council asked staff to return with example routes for consideration at their regular meeting on January 17, 2023.

Discussion:

To maximize the effectiveness of the temporary pilot route (“Green Line”), staff recommends that either it connect to the Red Line’s Pier or Outlets stop, which are the two busiest loading points for the Trolley and have access to public parking. The existing red and blue line routes are shown in Attachment 1.

Timeframe. Staff recommends that the pilot “Green Line” operate from Saturday, March 11 until Sunday, May 21, 2023. The following weekend, Memorial Day weekend, the trollies will return to their regularly scheduled Blue Line route as required by the City’s Measure V Grant Agreement with OCTA. Staff recommends a target driving time of 25 minutes for the pilot route. With two trolleys operating, this would keep headways between 15-20 minutes at each stop, consistent with the wait times at the Red Line stops.

Inland Route. The proposed inland route, shown in Attachment 2, would begin at the Outlets with loading at the same location normally used to service the Blue Line during the summer. Staff recommends the following stops:

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Meeting Date: 1/17/2023 Agenda Item: A.
· Marblehead Inland Park
· Vista Hermosa Sports Park
· Plaza Pacifica
· Rancho San Clemente Park
· Outlets at San Clemente
These stops were selected because of their proximity to shopping, parking, recreation, and accessibility to inland neighborhoods, including Marblehead, Forster Ranch, Talega, and Rancho San Clemente. This route has a projected drive time of 26 minutes. With operations limited to Saturday and Sunday, staff does not recommend stops in the business parks or at the high school, which are mostly vacant on those days. Other nearby stops that staff considered include the Talega Village Center, Richard T. Steed Park, and the Gateway Village Plaza (near the high school). They were removed, however, to maintain the desired 15-20 minute headways along the route.

Southern Route. The southern route, shown in Attachment 3, would begin in the Pier Bowl and proceed in a loop to the south with stops at or near the following locations:
· Dorothy Visser Senior Center
· Ralph’s / Zebra House Coffee
· S. El Camino Real / Ramona (near America’s Best Value Inn and Surfbreak Hotel) · S. El Camino Real / Magdalena Off Ramp (near Travelodge and Calafia Inn) · San Clemente Inn / Raya’s Paradise
· San Clemente State Beach (Calafia)
· Ola Vista at Valencia
· T-Street Beach Access
· Pier Bowl
These stops were selected because they provide additional public beach access and access to other visitor serving locations, such as hotels along South El Camino Real and the State Park campground off Avenida Calafia. This route has a projected drive time of 23 minutes. There is public parking at the Pier, T-Street, and near the Dorothy Visser Senior Center; however, the other stops would predominately be on-street stops that are near commercial areas that have restricted private parking.

Other stops considered by staff include the Riviera Beach access and the San Clemente Municipal Golf Course.

Plan and Policy Consistency:

The project is consistent with the following General Plan Goals and Policies:
· Mobility and Complete Streets Element Goal: Create a comprehensive, multimodal transportation system that provides all users with safe connections to homes, commercial centers, job centers, schools, community centers, open spaces, recreation areas and visitor destinations.
· Policy M-2.08. Transit Service. We support the maintenance of existing bus service and encourage transit service enhancements by OCTA to ensure all residents have access to adequate and safe transit.
· Policy M-2.32. Grant Funding. We pursue Federal, State, County, regional and other funding opportunities to increase bicycle and pedestrian mode share percentages, improve transportation system performance, and to improve air quality through a balanced, multi-modal CITY OF SAN CLEMENTE Page 2 of 3 Printed on 1/10/2023
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Meeting Date: 1/17/2023 Agenda Item: A.
transportation system performance, and to improve air quality through a balanced, multi-modal transportation system.
· Policy M-4.03. Automobile Parking Demand. We reduce automobile parking demand by improving public transit, bicycle and pedestrian mobility, particularly to and from our key destination areas.

In addition, the action is consistent with the following goal of the Bicycle and Pedestrian Master Plan in that the City’s Trolley program provides links to shopping, dining, and recreation opportunities while also connecting to significant pedestrian facilities such as the San Clemente Coastal Trail. · Goal 4: Cycling and walking are encouraged though improvements that support smart growth, public transit, lowered greenhouse gas emissions and healthy lifestyles.

Council Strategy:

The action is consistent with Council Strategy 2 - Grow resident confidence and value in City services and operations - in that it would expand an effective and popular service for visitors and tourists that provides convenient access to popular destinations in the City while relieving demand for parking in these areas.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council:

1. Establish the operating timeframe of March 11 through May 21, 2023 on Saturdays and Sundays for the pilot “Green Line” Trolley; and

2. Direct staff to pursue the inland route or the southern route for the pilot “Green Line” Trolley; and

3. Direct city staff to collaborate with LAZ to establish the precise curb locations and signage for the temporary pilot route.

Attachment:

1. Map of existing Red and Blue Line Trolley Routes

2. Map of Inland Option for the Pilot

3. Map of Southern Option for the Pilot
Notification:

San Clemente Chamber of Commerce; San Clemente Downtown Business Association; staff at the San Clemente State Park
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 1/10/2023
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San Clemente Trolleys stop
every 15 minutes.Trolleys are ADA accessible.Bike racks available.No pets allowed.

STAY INFORMED
For real-time Trolley tracking
visit www.sctrolley.com

San Clemente PierAve. Del Mar & Calle SevilleAve. Del Mar & Ola VistaEl Camino Real & Ave. Del MarEl Camino Real & Ave. PalizadaEl Camino Real & El Portal El Camino Real & Calle de Los MolinosOutlets at San Clemente (Red-Blue Line Transfer) 1 2
3 4
5 6
7 9

NORTHBOUND - RED LINE
Outlets at San Clemente (Red-Blue Line Transfer)Ave. Vista Hermosa at Via PamplonaMetrolink Station (North Beach)El Camino Real & Calle de Los MolinosEl Camino Real & MariposaEl Camino Real & Ave. Del MarAve. Del Mar & Ola VistaAve. Del Mar & Calle SevilleAve. Del Mar & Ave. GranadaSan Clemente Pier 9 10
8 12
13 14
15 16
16A
1 SOUTHBOUND - RED LINE
STOP #4
Ave Del Mar
Look for
this sign to
find the
Trolley!
• Monday-Friday, 12 noon - 10 pm• Saturday, 10 am - 10 pm• Sunday, 10 am - 8 pm Hours of Operation
ADDITIONAL HOLIDAY SERVICES• Memorial Day: 10 am - 8 pm• Independence Day (July 4): 11 am - 11 pm• Labor Day: 10 am - 8 pm 2022 Trolley Stops
Outlets at San Clemente (Red-Blue Line Transfer)Ave. Vista Hermosa at Via PamplonaMetrolink Station (North Beach)Camino Capistrano & Ave. VaqueroCamino Capistrano & Via BreveCamino Capistrano & Camino Mira CostaCam. Mira Costa & Cam. de Estrella (Dana Point Transfer)Cam. Capistrano & Cam. de Estrella (Dana Point Transfer)Camino Capistrano & Camino Mira CostaCamino Capistrano & Via BreveCamino Capistrano & Ave. VaqueroOutlets at San Clemente (Red-Blue Line Transfer)

NORTHBOUND - BLUE LINE
9 10
8 17
17A
18 19

SOUTHBOUND - BLUE LINE
19 20
21 22
9 Hours/days are subject to change.
8 9
10 21 17

SHOPPING DINING RESTROOMS PARKING
San Clemente PierAve. Del Mar & Calle SevilleAve. Del Mar &Ola VistaEl Camino Real &Ave. Del MarEl Camino Real &Ave. PalizadaEl Camino Real &El PortalEl Camino Real & Calle de Los MolinosMetrolink Station(North Beach)Outlets at San ClementeAve. Vista Hermosa atVia PamplonaEl Camino Real &MariposaCamino Capistrano &Camino VaqueroCamino Capistrano & Via Breve Camino Capistrano & Camino Mira CostaCamino Mira Costa &Camino de Estrella (Transfer) 16 2
15 3
14 4
5 6
12 7
1 13
22 17
20 18
19 A
ATTACHMENT 1
398
Map data ©2023 Google 2000 ft
Explore 101 W Avenida Vista Hermosa
26 min

9.3 miles
via W Avenida Vista Hermosa26 min without tra£c
Restaurants Hotels Gas stations Parking Lots More
Drive 9.3 miles, 26 min Outlets at San Clemente, 101 W Avenida Vista Hermosa, San Clemente, CA 92672 to 101 W Avenida Vista Hermosa, San Clemente, CA 92672
ATTACHMENT 2
399
Map data ©2023 Google 1000 ft
Explore San Clemente Pier
23 min

5.7 miles
via Avenida Victoria23 min without tra£c
Drive 5.7 miles, 23 min San Clemente Pier, California 92672 to San Clemente Pier, California 92672 ATTACHMENT 3
400

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 1/17/2023 Agenda Item: A.

Department: City Manager
Prepared By: Sean Joyce, Interim City Manager
Subject:

APPOINTMENT OF ANDY HALL AS CITY MANAGER
Fiscal Impact:

Yes. There are salary and benefit costs of the compensation package described in the City Manager’s employment agreement. There are sufficient funds in this year’s adopted budget to fully absorb the recommended compensation.

Summary:

After conducting a far-reaching recruitment, including interviewing those applicants deemed most deserving of serious consideration, the City Council has identified Mr. Andy Hall as the preferred candidate to serve as the City of San Clemente’s next City Manager. Following December 22, 2022 interviews, councilmembers present appointed Mayor Duncan and Mayor Pro Tem Knoblock to work with the recruiter, Bob Hall, to negotiate an employment agreement with Mr. Hall. The resulting negotiated agreement is presented here for approval.

Background:

San Clemente City Manager Erik Sund resigned effective September 9, 2022. Shortly thereafter, a recruitment firm was retained to fill the vacancy and to seek an individual to serve as Interim City Manager until a full-time successor is appointed.

Following City Council interviews with the most qualified candidates and reference checks and a background investigation of the candidate deemed most qualified by the four Councilmembers available to conduct interviews, it has been determined that the City Council wishes to retain the services of Mr. Andy Hall to serve as San Clemente’s next City Manager. A full background check has been completed, confirming Mr. Hall’s credentials, corroborating references, and otherwise validating his good character and outstanding qualifications.

This item is presented as an opportunity for the Council to consider and approve those terms and employment agreement negotiated with Andy Hall. Mr. Hall has indicated his willingness to accept this appointment on the terms contained in the attached agreement.

Mr. Hall has served as city manager in three agencies for an aggregate of 20 years, including the past nearly ten years as city manager of Imperial Beach, CA. The Mayor and City Council were seeking an individual who would set an example for the organization for his accessibility and responsiveness to the community. Andy places great value on leading municipal organizations to optimize their connection to the community they serve and on the professional development of the critically important human infrastructure that comprises the organizations operating under his inspired CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/12/2023
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Meeting Date: 1/17/2023 Agenda Item: A.
leadership. The City Council
In conformance with applicable state law it is necessary to approve the attached City Manager Employment Agreement, preceded by an oral report of its terms.

Major Provisions of the Proposed Employment Agreement

1. Contract Duration. Mr. Hall’s contract terms for a period of three years and is extended one year each February 20 thereafter unless prior to such date, pursuant to a majority vote of the City Council declares its intention to not renew the agreement for one additional year. (The recommended action below authorizes a start date earlier than February 21, 2023 if that becomes possible.)

2. Compensation. Mr. Hall’s starting salary will be $270,000 per year. The City will contribute the legal maximum per year toward Mr. Hall’s Section 457 deferred compensation program. Such limit is $22,500, plus $7,500 catch-up contribution in 2023.

3. Benefits. City shall provide Hall with the same health, medical, dental, and vision benefits plan or plans which are provided other City employees, and City shall pay for Hall’s premiums up to the Family Coverage premium rates for medical, dental and vision coverage.

4. Performance Evaluation. The City Council shall evaluate Mr. Hall’s performance annually.

5. Terms of Separation. In the event this Agreement is terminated by the City Council for any reason other than for good cause, Hall shall be entitled to a lump sum payment in an amount equal to up to nine months of his base pay.

Recommended Actions:

Staff Recommendation
It is recommended that the City Council approve the City Manager Employment Agreement with Andy Hall and authorize acceleration of the agreement’s commencement date if that should become possible.

Attachment:

1. City Manager Employment Agreement

2. Andy Hall Resume
Notification:

None.

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Andy Hall, AICP
Objective and Personal Statement:

As the City Manager in San Clemente, I will provide the appropriate balance of technical and interpersonal skills necessary to effectively implement the direction of the Mayor and City Council in a manner that is supported by the community and correctly interpreted by the professional staff. In addition to two decades as a City Manager, I also have experience as a Community Development Director and land use planner. These abilities together with a solid educational base result in the unique qualifications and skill set needed to successfully manage such a dynamic community and organization.

Specific Skills for Desired Position:
 More than 20 years as a City Manager and additional experience as an Assistant City Manager  Six years as a Community/Economic Development Director and Planning Manager  Expertise in all aspects of government management, finance, and community and economic development  Significant experience and excellent relationship with the Military, Coastal Commission, and Regional Agencies  Experience creating and modifying personnel policies, compensation plans and employee coaching/mentoring  International City Management Association since 1998, American Institute of Certified Planners since 1996 Employment Experience:

City of Imperial Beach (California) 2013 – Present
City Manager
Imperial Beach is the most southwesterly coastal community in the United States with the United States/Mexican border on the south, the City of Coronado on the north, the City of San Diego on the east and the Pacific Ocean to the west. Imperial Beach is a complex community located adjacent to an international border requiring advanced communication skills to address international relations and security, and significant water quality concerns. The City is home to portions of Naval Base Coronado which is both located in and immediately adjacent to the City. There are two wildlife refuges in or adjacent to the City as well as the Tijuana River National Estuary. Imperial Beach is also one of the five member cities of the Unified Port of San Diego.

The most important challenge facing the community is maintaining the “Classic Southern California” atmosphere identified in the City’s Mission Statement, while experiencing a dramatic shift in the demographic and income level of the community. Imperial Beach has had the highest percentage increase in housing valuation in San Diego County in each of the past 5 years. The City Council, during annual City Manager evaluations, has noted success in connecting with the community, providing solid fiscal information and forecasts, maintaining a great relationship with employees, and creating a positive working environment.

As the City Manager my primary responsibilities include working with the elected officials to prepare policies to address the needs of the community and once adopted to implement the policies of the City Council. Preparation of the municipal budget, resolutions, ordinances, and other documents for consideration and adoption by the City Council create an orderly and predictable course where success is measurable by residents, the elected officials, and our professional staff.

Achievements:
 Transformation of the City’s finances from being scrutinized by a Grand Jury investigation just before my arrival into a model for fiscal management with zero findings in the most recent independent financial audit  Consistent and measurable increase in municipal revenue, while consistently coming in under budget  Restoring trust with residents and businesses through effective community outreach and engagement  Improving relationships and trust with employees and their representatives  Achieving one of the lowest crime rates in San Diego County  Maintaining a solid relationship and level of trust with the elected officials in the community 411
Andy Hall Resume Page 2 of 5
City of Cathedral City (California) 2009 – 2013
City Manager (2013), Community Development Director (2009-2012) Cathedral City is a community of approximately 60,000 strategically located between the resort city of Palm Springs and the affluent city of Rancho Mirage in the Coachella Valley in Southern California. The city was incorporated in 1981, but much of the built environment pre-dates incorporation and infill development and revitalization are important activities in the community. Because the city was incorporated after the passage of Proposition 13, commercial development and particularly the generation of sales tax is a high priority. With the support of the City Council, and working with a great team, the City experienced an increase in commercial activity and sales tax revenue during my tenure, despite challenging economic conditions.

As the Community Development Director, I was tasked with helping the City transition from having a robust Redevelopment Agency to the dissolution of Redevelopment Agencies by the State of California. Upon the retirement of the City Manager, I was appointed to the position of City Manager. I left Cathedral City when presented with the opportunity to manage a coastal community, which was a long-term professional goal.

Achievements:
 Significant reduction in the amount of vacant retail space in the community  Measurable increase in sales tax revenue and business retention  Formation of active and effective business clusters to act as support groups for business owners  Adoption of several updates and improvements to the development ordinances and policies of the City  Effective linking of what were previously independent divisions (Building, Business License, Engineering, and Planning) into a cohesive and comprehensive Community Development Department  Gained the support and trust of the elected officials allowing a more predictable and efficient development process to be implemented in the community
Draper City (Utah) 2008-2009
Assistant City Manager
Draper City is a community of nearly 50,000 and for the past twenty years has been one of the fastest growing communities in Utah. Located about 15 miles south of Salt Lake City, Draper is an upscale community known for attractive foothill development, a strong commercial tax base, recreational facilities, and efficient delivery of municipal services. I was invited to join the Draper City team by the City Manager who is a close colleague that needed a trusted assistant to reconnect with staff members and update the emergency management plan. Of note, I was the emergency manager during one of the largest wildfires to ever occur in the community. In addition to the devastating fires, the mudslides in the burned areas were very challenging. This experience was an important learning experience that has helped me address the unanticipated impacts of the COVID-19 Pandemic.

I moved on from Draper when a group of employees approached the City Council seeking to have me replace the current City Manager. While honored, I felt that would be a betrayal of the colleague that had asked me to join the team. Rather than remain in an uncomfortable position for all involved, I sought other employment opportunities closer to family in Southern California. I remain a close associate with my colleague, many employees, and the elected officials in Draper.

Achievements:
 Completion of a new fire station, oversight of design and construction of a new city amphitheater and the construction of a new justice center
 Comprehensive update of the Draper City Emergency Management Plan, creation of the Emergency Operations Center, and the purchase of a mobile Emergency Operations Center in a high fire risk area  Effective response to major fire and subsequent mudslide event including activation of Emergency Operations Center and purchases necessary to properly operate the Emergency Operations Center  Adoption of several modifications to the Draper City Personnel Policies 412
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City of Henderson (Nevada) 2007 - 2008
Planning Manager
Henderson is a community of just over 300,000 and consistently one of the fastest growing communities in the United States. It is known for its recreational opportunities and its excellence in land use planning. The Community Development Department has won numerous national awards for its development code, the design of the community’s master planned communities, and for open space, trails and recreation plans. As the Planning Manager I was tasked with oversight of the City’s green building initiatives, representing the City on the Southern Nevada Regional Planning Coalition and preparation of the City’s long range planning documents.

My time in Henderson was very enjoyable and productive but occurred at the beginning of a significant nationwide economic downturn. At the time the City was asking for voluntary separations, I was fortunate to be invited to join the management team as the Assistant City Manager in Draper, Utah.

Achievements:
 Oversight in the creation of the West Henderson Comprehensive Plan  Developed the Legacy Program for green building and sustainable development practices  Initiated a comprehensive update of the Henderson Development Code  Oversight in the creation of the Boulder Highway Investment Strategy Payson City Corporation (Utah) 1996-2007
City Manager (Nine Years)
Community Development Director (Two Years)
Payson City more than doubled in size during my tenure as City Manager (from less than 10,000 residents to almost 20,000 residents). The community is a full-service City providing community and economic development, library services, police, fire, parks and recreation, and senior services as well as enterprise-fund based activities including both drinking and irrigation water, sewer and reclaimed water, electric power generation and distribution, sanitation, stormwater, cemetery, and a municipal golf course. After serving for two years as the City’s Community Development Director, I was asked to serve as the City Manager.

After nearly a decade of serving as the City Manager, I accepted a position with the City of Henderson to become a Planning Manager for a much larger organization. I learned that I prefer to work in smaller organizations and in smaller cities where you can build personal and professional relationships with elected officials, residents and mostly every member of the staff. I make every attempt to have a relationship with each member of the staff and help them to have a clear understanding of the vision and goals of the City. This is an impossible task in larger organizations.

Achievements:
 Transformed a negative general fund balance of approximately $200,000 left by the previous administration into a $5,000,000 (maximum allowed by state statute) positive fund balance through conservative fiscal practices and prudent financial practices
 Created new revenue sources for the City through an aggressive economic development strategy that resulted in an increase of more than 500% in sales tax revenue over a 9 year period  Prepared development ordinances for adoption by the City Council to address growth which are now used as model ordinances for many municipalities
 Decreased the City’s portion of the property tax rate for nine consecutive years  Increased the utility funds balances from zero to more than $2,500,000 while holding rates essentially static during my 9 year tenure
 Created a loyal, stable work force through trust and implementation of effective leadership techniques  Established and maintained a positive working relationship with all elected officials, developers, the media and representatives of other organizations
 Obtained consistent support from citizenry even with controversial projects 413
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Other Relevant Experience:

County Planner – Summit County (Park City), Utah (1990-1992) Upon graduation from Arizona State University, I accepted a position as a County Planner for Summit County, Utah.

The Park City area is a year around resort community located approximately 20 miles east of Salt Lake City and was home to the 2002 Winter Olympic Games. My duties included land use planning for a wide variety of housing products from multi-million dollar homes to inclusive resort employee housing together with commercial and manufacturing projects. A highlight was participation in the adoption of the Snyderville Basin General Plan working with renowned land use attorney Robert Freilich.

Mountainland Association of Governments (1992-1996)
As a Community Planner for the Mountainland Association of Governments, I was asked to provide land use planning assistance to 34 cities and 3 counties in Central Utah (Summit, Utah and Wasatch Counties). This opportunity gave me the opportunity to learn from a variety of development ordinances in several jurisdictions.

More importantly, I was able to learn how to navigate various political structures and situations and learn how to work with a wide variety of elected officials with different goals and points of view.

Education:
 Master of Public Administration with High Honors, University of Utah  Bachelor of Science, Geography-Urban Studies, Arizona State University  American Institute of Certified Planners (AICP) Certified Professional Affiliations:

International City/County Management Association since 1998 American Planning Association since 1992
American Institute of Certified Planners since 1993
Notes of Interest:

Among my professional honors, I served as gubernatorial appointee to the award winning Envision Utah Committee (appointed by former Governor and former United States Health and Human Services Director, Michael Leavitt), Chair of the Education Committee of the Utah Chapter of the American Planning Association, member of the Coachella Valley Economic Partnership Board and Chair of the San Diego County City Managers Association.

I have been fortunate to experience tremendous support from the public, employees, and the elected officials in each of my previous employment opportunities. I share a positive relationship with nearly all co-workers and elected officials and truly enjoy working to make great communities even better.

I have been married for thirty-five years to my wife Stephanie. She is college Psychology instructor and has been fully supportive of my career and the sacrifices of time and privacy that occur in local government. I have two children, both happily married, and two grandsons. I enjoy golf (more than my handicap would indicate) and most other sporting events.
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Andy Hall, AICP
References for Andy Hall, AICP
(Additional recent references available, attempt to provide reference from each past employment opportunity) The Honorable Supervisor Greg Cox
(Supervisor Cox is a former County Supervisor of San Diego County) 1600 Pacific Highway
San Diego, CA 92101
(619) 531-5511
The Honorable Mayor Serge Dedina
(Mayor Dedina’s tenure as Imperial Beach Mayor will end on December 14, 2022) 825 Imperial Beach Blvd
Imperial Beach, CA 91932
(619) 606-0537
Jill Spencer, AICP, Payson City Planner
(Ms. Spencer is the Payson City Planner and has firsthand insights into my skills and abilities) 439 West Utah Avenue
Payson, Utah 84651
(801) 465-5233 or (801) 372-5062
Dan Shaw – Councilmember, City of Henderson
(Mr. Shaw is a member of the City Council in Henderson, Nevada) 420 Water Street
Henderson, Nevada 89115
(702) 267-2404
Sam Toles
(Mr. Toles is a past member of the City Council for the City of Cathedral City) 68700 Avenida Lalo Guerrero
Cathedral City, California 92234
(323) 401-2587
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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: 1/17/2023 Agenda Item: B.

Department: Public Works
Prepared By: Kiel Koger, Public Works Director/City Engineer; Samantha Wylie, Beaches, Parks & Recreation Director
Subject:

RECONSIDERATION OF THE CONTRACT AWARD FOR THE DESIGN OF RICHARD T. STEED

MEMORIAL SPORTS PARK PICKLEBALL COURTS
Fiscal Impact:

Yes. The consultant’s design and construction support costs of $404,550 are within the approved project budget of $494,000 from the General Fund, Richard T. Steed Park (“Steed Park”) Pickleball Courts, CIP Project No. 13703. Funding for the construction of at least four pickleball courts has been identified and is available in the Park Acquisition and Development Fund ($2M) and General Fund ($1M). Additional funding strategies for the complete park development project are considered in the discussion section of this report (see “Phasing and Funding Strategies”).

Background:

On March 2, 2021, the City Council awarded a contract to landscape architect firm SWA 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. In April 2021, SWA and the Beaches, Parks and Recreation Department released a public survey to obtain feedback on how these parks should most ideally be improved. Following the survey, public workshops were held on May 11 and May 13, 2021, offering community members an opportunity to provide additional comments directly to SWA and City staff regarding desired park amenities.

On September 2, 2021, the Beaches, Parks and Recreation Commission provided comments on the first draft conceptual designs of the site-specific park master plan documents which included the addition of 8-10 pickleball courts at San Gorgonio Park to be located near the freeway. This draft did not incorporate pickleball facilities at Steed Park.

On September 22 and 23, 2021, SWA and staff hosted on-site park open houses to gather additional feedback and answer questions regarding the first draft conceptual designs. During the San Gorgonio Park open house, participants expressed a need for more pickleball courts to be included based on existing demand while others voiced a want for pickleball to be removed from this site altogether. On October 21, 2021, a public forum was held at the Community Center as an additional opportunity for the public to comment and ask questions regarding the first draft conceptual designs.

On December 14, 2021, the Beaches, Parks & Recreation Commission reviewed the second draft of the master plan documents (Attachment 3) which incorporated the addition of 16 new pickleball courts at Steed Park and four pickleball courts at San Gorgonio (relocated near the freeway) based on feedback from the public during the open houses and public forum.

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On December 21, 2021, the City Council considered a staff report that included the review of the master plan conceptual design updates for San Gorgonio Park and Steed Park. At this meeting, Council directed staff to incorporate the site-specific master plan updates to San Gorgonio Park and Steed Park related to pickleball improvements into the FY 2022-23 CIP Budget and to prioritize the construction of at least four pickleball courts at Steed Park (Attachment 1 - Location Map) before any other park construction projects.

During the FY 2022-23 Budget Workshop on May 25, 2022, the addition of pickleball courts was determined by the Council to be a high priority Capital Improvement Program (CIP) project for the upcoming year, with funding included in the FY 2022-23 budget (Attachment 2). The construction funding was to be incorporated into the FY 2023-24 Annual Budget once more was known about the estimated project cost.

On June 7, 2022, the City Council approved a contract with UltraSystems Environmental, Inc. for the preparation of the environmental analysis (California Environmental Quality Act, “CEQA”) for the Steed Park proposed master plan design. This study began in July 2022 and is expected to be completed in Spring 2023. Upon completion of the analysis, staff would bring the final environmental study and park design to the City Council for consideration and adoption.

At the same June 2022 meeting, the City Council received and filed an administrative report regarding the continuation of pickleball at San Gorgonio Park. This report included the second draft of the conceptual master plan designs for Steed Park and San Gorgonio Park.

In September 2022, staff issued a Request for Proposals (“RFP”) for design and construction management of the proposed master plan pickleball court facility at Steed Park. The five proposals were received in response to the RFP from consultants ranging in price from $345,245 to $463,480.

A staff panel interviewed the top candidates. The following criteria were taken into consideration during evaluations: 1.) technical expertise/methods/approach; 2.) staff qualifications; 3.) delivery schedule and quality control; 4.) expense; and 5.) proposal organization. RJM Design Group was identified as the most qualified bidder ($404,550) based on the breadth of the firm’s experience designing similar pickleball facilities and the range of disciplines represented by the staff involved in the project.

On November 15, 2022, the City Council approved a Professional Consultant Services Agreement with RJM Design Group, Inc. in the amount of $404,550 for the project design, preparation of a construction bid package, and construction support services for a new pickleball complex at Richard T. Steed Memorial Park, the scope of which is described below. The contract approved at that time had not yet been executed. This matter returns to you this evening pursuant to a motion of Councilmember James, with a second and a third.

Discussion:

The RJM Design Group's scope of work includes the design of multiple features in the park, including 16 pickleball courts, a courtside plaza area with shade structures, a restroom building, an additional 100 parking spaces near the courts, a new sidewalk/pathway to the parking lot, and new landscaping, irrigation, lighting, and fencing around the project area. Procuring the design documents before a construction contract allows the City to more definitively identify the full scope of construction of park improvements and to determine alternative construction phases tailored to available funding. Designing the complete scope at the outset allows for more holistic park planning CITY OF SAN CLEMENTE Page 2 of 5 Printed on 1/12/2023 powered by Legistar™417
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available funding. Designing the complete scope at the outset allows for more holistic park planning and is more cost effective than designing the park improvements in phases. It also positions the City to be more successful as the City seeks potential grant funding and/or public-private partnerships and licensing opportunities. The scope of work subject to the proposed contract before the City Council includes multiple disciplines associated with project design, including:
· Civil Engineering
o Field research and provide a geotechnical report
o Aerial survey and preparation of base map
o Precise grading plan for site improvements
o Water/sewer plan for both domestic and recycled water service o Erosion control plan
o Horizontal control plan
o Hydrology/hydraulics report
o Water quality management plan
· Structural Engineering
o Structural calculations, plans, and details for the court plaza area improvements o Post-tension slab design and details
· Electrical Engineering
o Site electrical plan for all improvements
o Lighting photometric calculations to identify required light levels for safety and competition playability
o Light fixture details, lighting controls, and single-line electrical diagrams · Landscape Architecture
o Construction plans and details outlining all landscape materials to be installed o Irrigation system design with connections to the existing irrigation control system and the use of recycled water
· Bid and Construction Support Services
o Prepare bid documents Material submittal and shop drawing review o Response to RFI’s
o Field review and inspections during the construction phase Phasing and Funding Strategies
Designing the park improvements before a construction contract is awarded allows the City to identify the full cost of contemplated improvements, opportunities to phase construction, and funding options (e.g. donations, grants, local funding). It is proposed that the initial phase of construction would include at least four pickleball courts and corresponding access improvements for accessibility to, and parking at, the site. During the FY 2022-23 CIP process, $3M was forecast from the Park Acquisition and Development Fund and General Fund to support the initial buildout of at least four pickleball courts, per Council direction.

Through the conceptual design, SWA provided rough estimates on the anticipated construction costs to complete each of the original five master plan updates. Staff will have a better idea of the cost of CITY OF SAN CLEMENTE Page 3 of 5 Printed on 1/12/2023
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to complete each of the original five master plan updates. Staff will have a better idea of the cost of each amenity when design work is completed and an itemized construction estimate is provided.

Funding for the estimated construction costs for all improvements at Steed Park have not been fully identified. However, staff recommends Steed Park Master Plan, as it is ultimately adopted, be constructed in phases. If a phased approach is desired by the City Council, staff would pursue funding for subsequent phases of construction from state and federal grants, private-public partnerships, corporate sponsorship, and community fundraising efforts. Traditionally, projects that are “shovel-ready” are more competitive when seeking funding. A final funding strategy would be presented when the Steed Park Master Plan is completed in Spring 2023.

Plan and Policy Consistency:

It is important to note that the general pursuit of bolstering the City’s inventory of a growing recreational activity is presented in the context of relevant policy objectives identified in the City’s General Plan. To whit, the project, as it is further defined by the City Council, 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. [Emphasis added]
• BPR-1.01. Programming. We program our parks and other recreation facilities for efficient and creative uses, consistent with the type of facility, user groups served and community needs, and with the Beaches, Parks and Recreation Master Plan.
• BPR-1.02. Users. We provide indoor and outdoor programs and facilities appropriate for a range of income levels, ages and abilities.
• BPR-1.03. Tracking Needs and Interests. We track City recreation programs in terms of participation, customer satisfaction, and changing needs to identify recreational programming priorities needs, and interests. [Emphasis added]
• BPR-2.04. Master Plan. We focus parkland acquisition and development efforts in accordance with the Beaches, Parks and Recreation Master Plan and with the Master Plan for City Facilities • 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:

None.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council:

1. Direct staff to prioritize the construction of at least four pickleball courts and necessary associated amenities as outlined in the proposed Richard T. Steed Park Master Plan pickleball facility design; and

2. Incorporate opportunities optimizing the use of available funding sources and future phased construction; and

3. Approve, and authorize the Public Works Director/City Engineer to execute, Contract No. C22- CITY OF SAN CLEMENTE Page 4 of 5 Printed on 1/12/2023
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3. 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 engineering design services for the Richard T. Steed Memorial Park pickleball courts, in the amount of $404,550.

Attachment:

1. Location Map

2. Capital Improvement Program Project Sheet (FY 2022-23)

3. Conceptual Plan

4. Draft Professional Consultant Services Agreement with RJM Design Group Notification:

None
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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, Project No.13703 ("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 until the assigned duties are completed in accordance with the consultants attached schedule (Exhibit A) or until terminated by the City whichever comes first. 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 Attachment 4
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Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

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.

3.2.7 Consultant's Representative. Consultant hereby designates Larry P. Ryan, 425
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Principal, or his/her designee, to act as its representative for the performance of this Agreement ("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.

3.2.10 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 its performance or its Project or its 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 426
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measures.

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.

3.3.3 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.

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

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 427
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upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

3.5 General Provisions.

3.5.1 Termination of Agreement.

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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6 55452.01100\31193624.5
Consultant: RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, 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.

3.5.3.3 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 429
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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.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), 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.

3.5.8 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 430
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8 55452.01100\31193624.5
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.

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

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

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 431
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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.

3.5.22 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.

BEST BEST & KRIEGER
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

__________________________
(“CONSULTANT”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
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11 55452.01100\31193624.5
EXHIBIT "A"

SCOPE OF SERVICES
434
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Project No. 13703
Steed Park Pickleball Courts
City of San Clemente
September 21, 2022
435
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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
436
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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
437
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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 438
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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 Tennis Gardens | Indian Wells, CA (RJM Project) 439
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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
440
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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.
441
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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. 442
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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 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 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
443
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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
444
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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
445
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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
446
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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 449
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Specific to the Steed Park project, RJM has designed a multitude of both new and 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 Park Basketball Courts
Huntington Beach, CA
AFTER
Converted Pickleball Courts
RJM Project w/ Diana A.

Firm Experience
450
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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
451
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
452
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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
453
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
454
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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
455
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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
456
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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. 457
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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.

Page 3 ends

of Employees, (line 5)
… necessary to perform the Services. Consultant warrants represents that all …

Page 3 ends

… it’s the performance or of the Project….

Page 3 ends

…(with counsel approved by of City’s choosing), indemnify and hold the City….

Exhibit “C” Insurance Requirements, 3.2.12 Insurance, 3.2.12.2 Types of Insurance Required, (A), (line 3)
… form CG 0001, or the exact equivalent, with limits of not less than….

Exhibit “C” Insurance Requirements, 3.2.12 Insurance, 3.2.12.2 Types of Insurance Required, (B), (line 3)
… “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury… Exhibit “C” Insurance Requirements, 3.2.12 Insurance, 3.2.12.3 Insurance Endorsements, (A) Commercial General Liability, (1), (line 8)
…endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same… Contract Exceptions
459
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City of San Clemente • Steed Park Pickleball Courts | 25 Worthy Park | Huntington Beach, CA (RJM Project)
460
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RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
[email protected]
www.RJMdesigngroup.com [949] 493-2690 fax [949] 493-2600 phone 461
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EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES

ALL APPLICABLE REQUIREMENTS SHALL APPLY
462
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EXHIBIT "B"

SCHEDULE OF SERVICES
(NOT APPLICABLE)
463
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. 464
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3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing 465
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insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing 466
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subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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EXHIBIT “D”

COMPENSATION
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Long Beach-Anaheim, CA. 468
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

I hereby affirm under penalty of perjury one of the following declarations:

Carrier____________________________________________________ Policy Number______________________________________________

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
470

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 1/17/2023 Agenda Item: C.

Department: Community Development
Prepared By: Sara Toma, Senior Planner
Subject:

INITIATION OF ZONING AMENDMENT TO CHAPTER 16.50 (STATE-MANDATED SUBDIVISIONS) AND CHAPTER 17.86 (STATE-MANDATED RESIDENTIAL PROJECTS) OF THE SAN CLEMENTE MUNICIPAL CODE TO 1) ADD LANGUAGE FOR NON-CONFORMING URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DISCRETIONARY APPROVAL, 2) REVISE LANGUAGE FOR VERY HIGH FIRE HAZARD SEVERITY ZONES, 3) REVISE ALLEY SETBACK AREA STANDARDS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9
Fiscal Impact:

Indirect costs may occur if Long Range Planning work programs that are delayed to process this amendment require expedited processing and consultant costs.

Summary:

On December 20, 2022, the City Council introduced an Ordinance amending Chapters 16.50 and 17.86 of the San Clemente Municipal Code (SCMC) to regulate Urban Lot Splits and Two-Unit Projects in accordance with Senate Bill 9. Prior to and at the hearing, the City Council received public comment requesting modifications to the ordinance. The City Council discussed including the requested changes upon second reading of the ordinance. However, the SCMC requires Planning Commission consideration of a zoning code change prior to City Council review and action. Since the Planning Commission has not considered the proposed changes, the City Council must initiate deliberation of the proposed changes by the Planning Commission before a revised ordinance can come back to the City Council for approval. This item is an initiation of a zoning amendment to consider the modifications presented by the public and discussed at the December 20th City Council meeting.

Background:

At the December 20, 2022 City Council meeting, staff presented an Ordinance amending SCMC Chapters

16.50 and 17.86, to regulate Urban Lot Splits and Two-Unit Projects under SB 9. SB 9 requires cities to: (1) allow any lot in a single-family residential zone to be split, roughly into halves, with resulting lots as small as 1,200 square feet and (2) allow any lot in a single-family residential zone to be developed with up to two primary dwellings. SB 9 requires cities to approve eligible lot splits and two-unit projects ministerially (i.e., without discretionary review, conditions, or a hearing).

Prior to, and at the public hearing, the City Council heard comments requesting the following modifications to the ordinance:
· Nonconforming Urban Lot Splits and Two-Unit Projects: Proposed projects that do not conform to the objective standards set forth in SB 9 Ordinance may apply for a discretionary permit. · Fire Hazard Mitigation Measures: Objective standards under section 16.50.010 E 12. A and

17.86.010 E 8a to be replaced with “the proposed project must comply with Orange County Fire Authority Standards for development in Very High Fire Hazard Severity Zones.” · Alley Setback Area: Notwithstanding any other part of this code, dwellings constructed after Urban CITY OF SAN CLEMENTE Page 1 of 2 Printed on 1/12/2023
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Meeting Date: 1/17/2023 Agenda Item: C.

Lot Splits and Two-Unit Projects must be at least 5 feet from alley right of way lines.

The City’s Zoning Ordinance (SCMC Title 17) requires Planning Commission consideration and recommendation to the City Council on changes to the zoning code under section 17.16.040 (Zoning Amendments). The proposed changes discussed at the December 20 City Council hearing were not considered previously by the Planning Commission in connection with the subject ordinance. Therefore, the City Council can only initiate consideration of the proposed ideas by the Planning Commission before having them come back as a code amendment.

Staff recommends that the City Council proceed with the second reading of the subject ordinance, which will re -codify and update the City’s SB 9 standards established by the Urgency Ordinance in December 2021.

Adopting the subject ordinance will maintain consistency with the City’s Housing Element implementation in accordance with state law. Staff would then process the code amendment addressing public comments as a stand-alone modification for Planning Commission and City Council consideration.

Alternatively, the City Council could delay the recommended action and remand the entire matter to the Planning Commission so that the unrelated matters are considered in unison. This is not recommended because it would cause a delay in our efforts to comply with SB 9 as described above.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council:

INITIATE A ZONING AMENDMENT TO CHAPTER 16.50 (STATE-MANDATED SUBDIVISIONS) AND CHAPTER 17.86 (STATE-MANDATED RESIDENTIAL PROJECTS) OF THE SAN CLEMENTE MUNICIPAL CODE TO 1) ADD LANGUAGE FOR NON-CONFORMING URBAN LOT SPLITS AND TWO-UNIT PROJECTS AND DISCRETIONARY APPROVAL, 2) REVISE LANGUAGE FOR VERY HIGH FIRE HAZARD SEVERITY ZONES, 3) REVISE ALLEY SETBACK AREA STANDARDS, IN ACCORDANCE WITH CALIFORNIA SENATE BILL 9
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 1/12/2023
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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: 1/17/2023 Agenda Item: (1)
Department: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:

UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES, COMMISSIONS AND CITY

COUNCIL SUBCOMMITTEES
Fiscal Impact:

None.

Summary:

Each year, Council updates its appointees to regional committees, commissions and boards. The current list of appointees is attached (Attachment 1). Staff recommends that Council update its regional appointments at this time. It should be noted that at its December 20, 2022 meeting, Council appointed Mayor Duncan to the Orange County Fire Authority Board, and per the Joint Powers Agreement with the Orange County Fire Authority (OCFA) Resolution No. 22-49 was adopted confirming that appointment.

At its December 6, 2022 City Council meeting, Council requested a review of Council subcommittees to determine whether to dissolve old subcommittees, create new subcommittees, and/or reassign Councilmembers to various subcommittees. The current list of City Council subcommittees is attached for Council consideration (Attachment 2).

At its September 6, 2022, meeting Council voted 3-2 (Councilmember Duncan and Councilmember Ward dissenting) to establish a Citizens Subcommittee to further analyze the feasibility of an amphitheater. Each Councilmember was to appoint a citizen to participate on the subcommittee. To date, only one Councilmember has appointed a citizen to the subcommittee.

City Council considered an amphitheater in 2008 and discussed an amphitheater and committee on August 16, 2022 (Attachment 3). Staff recommends that Council make a determination whether to proceed with establishing the Citizens Subcommittee to analyze the feasibility of an amphitheater. If Council determines to establish a citizen’s subcommittee, each Councilmember would appoint a citizen, and notify the City Clerk of that appointment.

Recommended Actions:

Staff Recommendation

1. Update Councilmember appointments to various regional committees, commissions and boards.

2. Update Councilmember appointments to various City Council subcommittees.

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Meeting Date: 1/17/2023 Agenda Item: (1)

3. Determine whether to establish a citizen’s subcommittee to analyze the feasibility of an amphitheater. If it is determined to establish a citizen’s subcommittee, each Councilmember will appoint a citizen, and notify the City Clerk of that appointment.

Attachment:

1. Listing of 2022 Council Appointed Representatives to Committees, Commissions and Boards.

2. Listing of Council Subcommittees.

3. August 16, 2022 City Council Agenda Report
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 1/12/2023
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2022 COUNCIL APPOINTED REPRESENTATIVES

TO COMMITTEES, COMMISSIONS AND BOARDS
Committee/Commission/Board Location Meeting
Date(s)
Representative(s) Compensation
Capistrano Unified School District
Liaison Committee
Ferguson and Duncan No
Coastal Animal Services Authority
(CASA)
Animal
Shelter
San
Clemente
3 rd Monday,
5:30 p.m.

Bi-monthly
James/Ward (Alt.) No
Community Engagement Panel Varies Quarterly
(dates vary)
Duncan/Ferguson (Alt.) No
Conservancy (Elected/Appointed
Representative to Friends of the
Reserve Commission)
Knoblock/Duncan (Alt.)
The City's “At Large”
position is vacant.

The Talega HOA
Representative is
Laurie Gooch (term
expires June 30, 2020).

The At-Large and
Talega Representative
positions will not be
filled until CM Knoblock
reports to Council with
regard to the Friends’
inactivity.

No
Chamber of Commerce – Economic
Development
City Hall
Conference
Room
As Set James/Duncan (Alt).

Note: The Mayor will
continue to attend
ribbon-cutting
ceremonies.

No
Downtown Business Association –
Economic Development
As set Duncan/James (Alt). No
Emergency Operational Area Council
(Orange County)
Mayor and Mayor Pro
Tem
No
Fire Authority (Orange County) OCFA
Boardroom, 1
Fire Authority
Road, Irvine
4 th Thursday
of every
other month
at 6:30 p.m.

Duncan (appointed by
Council at its
December 20, 2022
City Council meeting).

Yes ($100 per
meeting with
maximum of $300
per month).

Special notes: This
appointment must
be made by
resolution.

Alternates were
discontinued in
2015.

Historic Preservation Ad Hoc
Committee
TBD TBD Ferguson/Ward (Alt.) No
Hospital Subcommittee James and Duncan
Insurance Authority (California Joint
Powers Insurance Authority)
La Palma 4
th
Wednesday,
4:30 p.m.

James Yes, $100 per
year.

Investment Advisory Committee Ocean View
Conf. Room
Quarterly,
6:00 p.m.

Last Monday
of the month
Knoblock No
Legislative Delegate Program -
Representative to Senate District 36
Mayor and Mayor Pro
Tem
No
475
Legislative Delegate Program -
Representative to 74th Assembly
District
Mayor and Mayor Pro
Tem
No
Library Task Force (Orange County) Tustin Library Quarterly, 4th Thursday,
4:00 p.m.

James No
Mayors (South Orange County
Association of Mayors)
Rotating
Cities
2 nd
Thursday,
7:30 a.m.

Mayor No
U.S. Marine Corps Liaison Duncan No
MWDOC Interaction of Elected
Officials
Knoblock/Ferguson
(Alt.)
No
Nine South County Water Agencies
(This is the name of a group that
consists of nine South Orange County
water agencies).

Moulton
Niguel Water
District Office
No regular
meetings,
but usually
held at noon
on
Wednesdays
(such as the
fourth
Wednesday
of the
month).

Knoblock/Ferguson
(Alt.)
No
OCTA Transportation Planning
Workshops
Ward and Public Works
Director
No
Sand Replenishment Project Knoblock No
SCAG General Assembly Annual
Meeting in
May
Ferguson No
Social Service/Community Service
Budget Committee
James No
South Orange County Watershed
Management Area Executive
Committee
Knoblock/James (Alt.) No
Toll Road Subcommittee Ward and James
Vector
(Orange County Mosquito and Vector
Control Board)
District
Office,
Garden
Grove
3 rd
Thursday,
3:00 p.m.

Knoblock (term expires
January 2024)
Yes ($100 per
month)
Wall of Recognition Ward No
476
Subcommittee List
Name Date Active Yes/No
Design Review Subcommittee 10-16-2007 YES
Urban Design Downtown Visioning
Subcommittee 2004 No
Dog Issues Subcommittee 7/14/2009 No
Trails Subcommittee 7/14/2009
Donna O'Neill Land Conservancy
Subcommittee 11-4-2010 No
Courtney's Sand Castle
Subcommittee 2010 No
GPAC Subcommittees (1. Arts &
Culture; 2. Dark Skies; 3. Historic
Preservation; 4. Tree Preservation;

5. Technology; 6. Permaculture ) 2011 No
Sports Partnership Subcommittee 12-18-2012 ?
Parking - Commercial Subcommittee 7-16-2013 ?
San Clemente Hospital (Senior
Housing/Medical) Subcommittee 10/21/2014 YES
LED - Street Lighting Conversion
Subcommittee 10-06-2015
Initiative Petition for Election of City
Council Members by District
Subcommittee 8-20-2016
"Ad-Hoc" Subcommittee - Train Horn
Request for Audit of Legal Bills
Subcommittee 9-15-2020
Toll Road (Transportation)
Subcommittee 1-20-2017
Homeless Subcommittee 20/21 YES
Community Choice Energy
Subcommittee 10-19-2021 YES
477
478
479
480
481
482

San Clemente City CouncilJanuary 17, 2023

San Clemente City Council
January 17, 2023