San Clemente City Council
April 18, 2023

18518462.18
from the Effective Date until TCWD and SOCWA mutually agree in writing that SOCWA shall no longer provide SNMP Services.

5. Costs, Invoicing and Payment. All general references to “Services” in this Agreement include both RW Services and SNMP Services. SOCWA shall invoice TCWD, on no less than a quarterly basis, for all of SOCWA’s costs to provide the Services to TCWD. The costs will be allocated to TCWD based on SOCWA’s budgeted direct costs, and on a time and materials basis according to the rates set forth in Exhibit 1 (these rates include reasonable overhead and administrative costs). The rates set forth in Exhibit 1 may be reviewed annually and revised to reflect increases in labor or other costs. If SOCWA desires to revise or increase its rates, SOCWA shall deliver with 30 days’ notice a proposed revised Exhibit 1; which notice must identify the effective date of the new rates. TCWD will have 30 days from the date notice is delivered to object to the rate increase; if TCWD does not object, the new rates will become effective. If TCWD objects to the proposed new rates, TCWD and SOCWA shall meet and confer to discuss further. The Parties shall negotiate in good faith and TCWD shall not unreasonably refuse to increase time and materials contract service rates. In no event will SOCWA be prevented from increasing its time and material contract service rates by five percent (5%) or less annually. In no event will SOCWA be allowed to increase its time and material contract service rates by more than five percent (5%) without TCWD’s consent. TCWD shall pay SOCWA’s invoices for all Services under this Agreement by no later than 30 days’ after receipt of SOCWA’s invoice.

6. UAL/OPEB Liability. In recognition of TCWD's duty to pay to SOCWA the proportional amount of any UAL/OPEB public retirement system liability allocable to TCWD as of the Effective Date, TCWD shall pay to SOCWA within 45 days after the Effective Date the total amount of $20,813, as the amount of such liability calculated by SOCWA’s actuaries through June 30, 2023 as the anticipated Effective Date, or such amount as re-calculated for a later Effective Date, in full and final settlement of all outstanding UAL/OPEB liability to SOCWA, and upon receipt of that payment, TCWD will be deemed to have satisfied its UAL/OPEB obligations and SOCWA will be deemed to have released and discharged TCWD from any further liability for SOCWA's UAL/OPEB obligations.

7. No JPA Costs. After the Effective Date, TCWD will not have any responsibility to contribute toward any operational, maintenance, capital, or general fund costs incurred by SOCWA or its Member Agencies, except those costs directly arising out of or relating to the Services, which will be proportional to the services received and identified in the annual use audit as part of the PC 12 costs (and include reasonable overhead and administration costs). If SOCWA does not adopt an annual use audit or budget, then the previous year's annual use audit figures will be used and later reconciled upon adoption of a use audit or budget.

8. SOCWA Bulk Purchases. TCWD is currently a party to multiple contracts with SOCWA and other Member Agencies for bulk purchasing of services and supplies. SOCWA shall make best efforts to continue to allow for TCWD to participate in joint purchasing agreements offered to Member Agencies for chemicals, solids hauling, and other services that SOCWA negotiates with third party vendors. TCWD shall pay to SOCWA its proportional share of the estimated procurement costs for any such contract, based on the formula described in Exhibit 1.

9. Liability; Indemnity.

9.1 SOCWA shall indemnify, defend, and hold harmless TCWD from:
313

18518462.18
TCWD-SOCWA Withdrawal
& Continued Services Agreement
A. Any claims, legal, regulatory, enforcement, or administrative actions (“Claims”) arising out of or relating to the debts, liabilities, operations, obligations, or facilities owned or operated by SOCWA or any of its Project Committees (except PC 12) that arise on or after the Effective Date. The parties do not intend to release TCWD from its proportional liability for any Claims relating to TCWD’s participation in SOCWA or PC 12 prior to the Effective Date.

B. Any Claims arising out of or related to SOCWA’s Services on or after the Effective Date, except such Claims arising out of any acts or omissions of TCWD.

9.2 TCWD shall indemnify, defend, and hold harmless SOCWA from:

A. Any Claims that are directly attributable to TCWD’s participation in PC 12 prior to the Effective Date.

B. Any Claims that are the result of TCWD's own acts or omissions that arise on or after the Effective Date.

C. TCWD’s share of any Claims that arise while TCWD is a permittee under the SOCWA recycled use permit and that are shared liabilities deemed the responsibility of all permittees, except those Claims related to SOCWA Services under Section

9.1(B) above.

10. Effect on Prior Rights. The terms of this Agreement govern the parties and supersede all contrary terms in prior agreements between the parties, including but not limited to the Joint Powers Agreement.

11. Miscellaneous.

11.1 Integration, Amendment. This Agreement represents the entire understanding of the parties as to TCWD’s withdrawal from SOCWA and concurrent interim contracting for the Services. To the extent that it contradicts or varies from this Agreement, no prior oral or written understanding will be of any force or effect with respect to the matters covered by this Agreement. This Agreement cannot be modified except in a writing approved and executed by all applicable parties.

11.2 Governing Law. This Agreement is governed by the laws of the State of California and will be construed as if drafted by all parties.

11.3 Third Parties. This Agreement does not create any third-party beneficiary or any rights in any person or party other than the parties.

11.4 Signing Authority. Each Party represents and warrants that each person or persons executing this Agreement on its behalf is duly authorized to do so by the respective Party and that this Agreement binds the parties.

11.5 Notices. Any written notice required by this Agreement must be made by U.S. mail or by reliable overnight courier and delivered to the following address, together with a courtesy copy by email:
314
TCWD-SOCWA Withdrawal
& Continued Services Agreement

18518462.18
To TCWD: Trabuco Canyon Water District
32003 Dove Canyon Dr.

Trabuco Canyon, CA 92679
Attn: General Manager
cc: by email to [email protected]
With a Courtesy Copy by email to:
[email protected]
To SOCWA and the other Member Agencies:

South Orange County Wastewater Authority
34156 Del Obispo Street
Dana Point CA 92629
Attn: General Manager
Any party may, by written notice to the others, designate a different address or addressee, which will be substituted immediately for that specified above.

11.6 Severability. If any provision of this Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provision of this Agreement, but this Agreement will be construed as if the invalid, illegal, or unenforceable provision had never been set forth, and the remainder will be enforceable to the fullest extent permitted by law to effectuate the original intent of the Parties.

11.7 Successors & Assigns. The terms of this Agreement are binding upon and will inure to the benefit of and be enforceable by the respective successors and assigns of the parties.

11.8 Counterparts. This Agreement may be executed in counterparts, each of which is an original, but all of which together will constitute one and the same instrument.

The parties are signing this Agreement as of the Effective Date.

TRABUCO CANYON WATER DISTRICT
Dated: ______________________ By:

Fernando Paludi, General Manager
Approved as to Form:

Hanson Bridgett, LLP
By: ________________________
District Counsel
[additional signature pages follow]
April 4, 2023
315
TCWD-SOCWA Withdrawal
& Continued Services Agreement

18518462.18

SOUTH ORANGE COUNTY WASTEWATER

AUTHORITY
Dated: ______________________ By:

Print Name:

Title:

Approved as to Form:

By: ________________________
Authority Counsel
[member agency consents follow]
316
TCWD-SOCWA Withdrawal
& Continued Services Agreement

18518462.18
SOCWA MEMBER AGENCIES’ CONSENT
The Member Agencies of SOCWA hereby consent to the SOCWA Withdrawal and Continued Services Agreement. This consent is expressly conditioned upon and subject to the condition that such consent is not and shall not be construed as a waiver or release of any liability, obligation or contribution to which TCWD would otherwise be obligated if it had not withdrawn from SOCWA or any project committee of SOCWA and which arise out of, or relate in any way to any and all acts and/or failures to act preceding the date of TCWD’s withdrawal from SOCWA. This consent is given on the express condition that TCWD accepts and agrees to this condition.

City of Laguna Beach
Dated: ______________________ By: Print Name:

Title:

Approved as to Form:

By: ________________________
City Attorney
City of San Clemente
Dated: ______________________ By:

Print Name:

Title:

Approved as to Form:

By: ________________________
City Attorney
El Toro Water District
Dated: ______________________ By:

Dennis Cafferty, General Manager
Approved as to Form:

By: ________________________
District Counsel
317
318
TCWD-SOCWA Withdrawal
& Continued Services Agreement

18518462.18
South Coast Water District
Dated: ______________________ By:

Rick Shintaku, General Manager
Approved as to Form:

By: ________________________
District Counsel
Accepted
Trabuco Canyon Water District
Dated: ______________________ By:

Fernando Paludi, General Manager
April 4, 2023
319
TCWD-SOCWA Withdrawal
& Continued Services Agreement

18518462.18
Exhibit 1
Non-SOCWA Agencies’ Proposed Contract Participation
 This includes staff labor (fully burdened) and legal counsel costs  Staff activities include:
 Preparing/updating the RFP documents (including getting updated agency information, updating sections for new laws, reviewing and updating contract conditions, and/or adding more specificity to address vendor management issues)
 Activities during the proposal period (job walks, responding to questions, interviews, proposal reviews, documenting the RFP process, BOFA’s, etc.)
 Preparing and presenting SOCWA Board materials
 Executing contracts
 No bid protest costs assumed
 No individual procurement cost tracking by SOCWA staff  No Use Audit proposed for true up
 CPI LA-OC inflation adjustment from year 0 date
 SOCWA staff has estimated the cost for each major contract procurement at $10,000  $10,000 would be divided by the number of RFP participants  For example:
 $10,000 with 8 participants (similar to the bleach RFP)  Each agency’s costs would be $1,250 ($10,000 / 8)
 Non-SOCWA agencies would be billed $1,250
320
Attachment 2
RESOLUTION NO. 23-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, APPROVING TRABUCO CANYON WATER DISTRICT (TCWD)

WITHDRAWAL AND CONTINUED SERVICES AGREEMENT WITH SOUTH ORANGE

COUNTY WASTEWATER AUTHORITY
WHEREAS, South Orange County Water Authority is a regional Joint Powers Authority providing for the operation, maintenance and permitting for three wastewater treatment plants and two ocean outfalls in South Orange County; and WHEREAS, the City is one of nine member agencies within SOCWA, including: El Toro Water District, Emerald Bay Service District, Irvine Ranch Water District, City of Laguna Beach, Moulton Niguel Water District, Santa Margarita Water District, South Coast Water District and Trabuco Canyon Water District; and
WHEREAS, SOCWA was formed in 2001 when the South East Regional Reclamation Authority (SERRA), Aliso Water Management Agency (AWMA) and South Orange County Reclamation Authority (SOCRA) consolidated to meet the wastewater needs of approximately 500,000 homes and businesses across South Orange County; and WHEREAS, TCWD is seeking to withdraw from SOCWA and temporarily contract for services, including: recycled water permit compliance, monitoring and reporting along with regional purchasing of chemicals and biosolids disposal.

NOW, THEREFORE, The City Council of the City of San Clemente does hereby resolve as follows:

Section 1. The City finds and determines that release of TCWD from its membership within SOCWA has negligible impact to the City.

Section 2. The City Council recommends approval of the SOCWA Withdrawal and Continued Services Agreement with substantive changes approved by the City Attorney.

Section 3. The City Council authorizes the Utilities Director to sign the SOCWA Withdrawal and Continued Services Agreement.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______. 321
Resolution 23-21 Page 2

ATTEST:
___________________________ __________________________
CITY Clerk of the City of MAYOR of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
322

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/18/2023 Agenda Item: A.

Department: City Manager
Prepared By Andy Hall, City Manager
Subject:

CITY COUNCIL CONSIDERATION AND DIRECTION ON THE NORTH BEACH PLACEMAKING PLAN
Summary:

The City Council directed staff to present a strategy to address concerns with enforcement of the Municipal Code and other laws and ordinances of the City in the North Beach area. Staff collaborated on a comprehensive approach intended to ensure compliance with the Municipal Code and other laws and ordinances of the City, as well as improve the overall character and environment in North Beach. The North Beach Placemaking Plan is being presented for discussion purposes and potential direction from the City Council.

Background:

As previously, stated, the City Council directed staff to present a strategy for consideration by the City Council that will address the increase in actions and activities in North Beach that are not consistent with the Municipal Code or the other laws and ordinances of the City. In a collaborative manner, each department of the City was asked to contribute ideas and suggestions for improving the general environment in North Beach that would not only reduce violations of the Municipal Code and other laws, but also result in a complete transformation of the North Beach area. Each department was instrumental in the process and viewing the issue from a variety of vantage points allowed staff to identify some solutions that have not been explored in the most recent discussions about North Beach.

The result of the collective effort is attached as the North Beach Placemaking Plan. Placemaking is more than just a series of random efforts intended to focus attention on an area that is in need of revitalization. It is a purposeful interlinked program intended to create a consolidated and orderly transformation of space from an existing condition into a more desirable location. The plan includes some history of the North Beach area, including its designation as a National Historic District, a map indicating the planning area, and a series of recommendations and suggestions. The key elements of the plan are captured in the stated objective and guiding principles:

Objective:

The North Beach Placemaking Plan will result in a more attractive, safe, and desirable location in San Clemente both immediately and in the future.

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Meeting Date: 4/18/2023 Agenda Item: A.

Guiding Principles:
· The City Council and staff, collectively, with input from the community and special consideration given to residents and businesses in North Beach will discuss, review and collaborate on City actions, activities and investments proposed and authorized in North Beach. · When improvement, maintenance, and other work is completed in North Beach, it will be reviewed to determine if additional actions can be taken to advance the recommendations of the North Beach Placemaking Plan.
· During the preparation of the Municipal Budget, Capital Improvements Program and other fiscal documents in the City, the recommendations of the North Beach Placemaking Plan will be considered for funding and allocation of personnel resources and equipment. · Regular correspondence between the City Council, residents, business and homeowner groups, and staff will be scheduled.
· Each City Department will be familiar with the contents of the North Beach Placemaking Plan and determine if there are opportunities to participate in the realization of the stated Objective. When opportunities are identified, the Department Head will share the ideas with the City Manager for potential discussion and approval by the City Council.
· Many of the recommendations will require action and effort by parties other than the City of San Clemente. For instance, many of the public safety recommendations will be implemented by the Orange County Sheriff’s Department. Staff will collaborate with the parties and ensure they are included in the planning and implementation of the Placemaking effort.

The City Council may agree with some, none, or all of the recommendations and suggestions included in the Placemaking Plan. Following discussion by the City Council and obtaining public input, the Placemaking Plan can be refined and an action plan can be created that includes all necessary approvals, project budgets, and timeframes for completion. Next steps will include initiation of the required California Environmental Quality Act assessment and working with the California Coastal Commission to obtain the necessary Coastal Development Permit(s). Additionally, the expenses associated with the improvements will be examined and included in the appropriate municipal budget recognizing that the completion of the Placemaking Plan may take more than one year. Finally, it should be noted that the City Council may direct staff to implement some of the sections of the plan that can be initiated immediately.

Staff will prepare a presentation that highlights the key elements of the plan for informational purposes which will be provided at the City Council meeting. After the presentation, the public will have additional information in order to provide meaningful input to the City Council for their deliberations.

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Council Options:
· The City Council may receive and file the North Beach Placemaking Plan. · The City Council may provide direction to the City Manager to make modifications to the plan and present the revised plan to the City Council for consideration. · The City Council may direct the City Manager to take a specific action. · The City Council may reject the proposed North Beach Placemaking Plan and direct the City Manager to take alternative actions.

Fiscal Impact:

The fiscal impact of this item cannot be properly assessed without additional direction from the City Council.

Environmental Review/Analysis:

Prior to implementation of many sections of the Placemaking Plan, the proper CEQA analysis will need to be completed and approved by the City Council.

Recommended Actions:

Staff recommends the City Council receive and file the report and provide specific direction to the City Manager on next steps including which sections of the plan should be included in the final Placemaking Plan, if any of the sections should be implemented immediately, and direction to provide an action plan with anticipated timelines that includes the appropriate financial approvals necessary to implement the plan.

Attachment:

1. North Beach Placemaking Plan
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North Beach Placemaking
Creating a More Vibrant and Safe Experience in North Beach ATTACHMENT 1
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Table of Contents
Table of Contents
Overview.......................................................................................................................................................3 Objective and Guiding Principles.............................................................................................................5 Costs..........................................................................................................................................................5 How is North Beach Defined? ..................................................................................................................6 Chapter 1 – Public Safety .............................................................................................................................7 Public Safety Recommendations..............................................................................................................8 Chapter 2 – Investment..............................................................................................................................10 Recommendations..................................................................................................................................10 Chapter 3 – Maintenance...........................................................................................................................12 Recommendations..................................................................................................................................12 Chapter 4 – Business Support.....................................................................................................................13 Recommendations .................................................................................................................................13 Chapter 5 – Activity ....................................................................................................................................14 Recommendations .................................................................................................................................14 Summary and Next Steps...........................................................................................................................15 Public Safety ...........................................................................................................................................15 Investment..............................................................................................................................................15 Maintenance...........................................................................................................................................15 Business Support....................................................................................................................................15 Activity....................................................................................................................................................15 Next Steps...............................................................................................................................................16 Immediate ..............................................................................................................................................16 Short Term..............................................................................................................................................16 Longer-Term ...........................................................................................................................................17 Initiation of Placemaking .......................................................................................................................17 327
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Overview
North Beach has always been an important
destination in San Clemente. The area is a primary
gateway to the community and from the earliest days
of the City, community leaders recognized the
importance of the North Beach area. One of those
early plans from 1927 describes the opportunity for
North Beach to be “A Beautiful Entrance Planned for
San Clemente.” Through the years many other ideas
have surfaced and several have been implemented.

More recently additional concepts have been
prepared and reviewed, but full implementation has
not been completed.

It is not just the local community that recognizes the
importance, value and potential of North Beach In
2020, the North Beach area was designated as a
National Historic District. With this designation, the
City of San Clemente can capitalize on the unique
characteristics, features and amenities that makes
North Beach such a great location.

In North Beach, close knit residential communities are
supported by a dedicated businesses and visitors can
easily access the area from the North Beach Train
Station. Numerous amenities including the Ole Hanson
Beach Club, the San Clemente Pedestrian Beach Trail,
plentiful parking, restroom facilities and golden
beaches are the foundation of can be one of the most
attractive locations in the beautiful Spanish Village by the Sea. In recent years, both the City and developers have recognized the potential of the area and invested in several improvements and projects including, but not limited to:
• Complete remodel of the Casino
• New businesses (Landers, Beach Hut Deli, Moulin)
• Remodel in progress for the Miramar historic property • Current application for the Gallery Hotel and retail area • City investment in the restoration of the Ole Hanson Beach Club • Amenity enhancements including trail improvements, parking, beach access and a playground • Improved transportation access including the North Beach Train Station and Trolley service Despite obvious potential and past investment, the current condition and atmosphere in North Beach leaves much to be desired. The restroom facilities are in need of a complete facelift, the train station is showing signs of disrepair, the playground is virtually non-existent, and businesses are struggling with vandalism and crime. Events at the Ole Hanson Beach Club are often disrupted by inappropriate and unwelcome behavior, and smoking, drinking and drug use are observed in the area on a regular basis. 328
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Environmental conditions need to be addressed as well. The area has significant trash and debris, the sand on the beach needs nourishment and replenishment and lifeguard presence is limited because of the lack of a stable lifeguard tower. The challenges are plentiful but solutions are possible.

Returning North Beach to its rightful place as a favored destination will require a comprehensive program of investment, improved maintenance, business support, enhanced public safety and community events. A simple, singular solution will not achieve the objective. Placemaking examines all aspects of a space and how an integrated and coordinated program can transform a location into an area people enjoy living, working and playing.
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1 Business Support
Public Safety
Events
Investment
Maintenance
This North Beach Placemaking Plan was developed through the coordinated effort of the Orange County Sheriff’s Department, Orange County Fire Department, the City of San Clemente Beach, Parks and Recreation Department (Lifeguards, Recreation, Events), the City of San Clemente Community Development Department (Code Compliance, Park Rangers), the City of San Clemente Public Works Department (Capital Improvements, Maintenance), and the City of San Clemente City Manager’s Department, all under the direction of the San Clemente City Council. It is anticipated that the plan will be updated and modified on a regular basis as much of the content is organic and subject to change with input from residents, business owners, City boards and commissions, and a variety of other sources. 329
Page | 5
Objective and Guiding Principles
Placemaking is more than just a series of random efforts intended to focus attention on an area that is in need of revitalization. It is a purposeful interlinked program intended to create a consolidated and orderly transformation of space from an existing condition into a more desirable location. Therefore, each of the recommendations in this report should be linked together in function and purpose. In order to accomplish that result, each of the recommendations were developed with the following Objective and Guiding Principles in mind:

Objective:

The North Beach Placemaking Plan will result in a more attractive, safe, and desirable location in San Clemente both immediately and in the future. Activities and actions implemented by the City of San Clemente in the North Beach area will be reviewed for consistency with this specific objective.

Guiding Principles:
• The City Council and staff, collectively, with input from the community and special consideration given to residents and businesses in North Beach will discuss, review and collaborate on City actions, activities and investments proposed and authorized in North Beach. • When improvement, maintenance, and other work is completed in North Beach, it will be reviewed to determine if additional actions can be taken to advance the recommendations of the North Beach Placemaking Plan.
• During the preparation of the Municipal Budget, Capital Improvements Program and other fiscal documents in the City, the recommendations of the North Beach Placemaking Plan will be considered for funding and allocation of personnel resources and equipment. • Regular correspondence between the City Council, residents, business and homeowner groups, and staff will be scheduled.
• Each City Department will be familiar with the contents of the North Beach Placemaking Plan and determine if there are opportunities to participate in the realization of the stated Objective. When opportunities are identified, the Department Head will share the ideas with the City Manager for potential discussion and approval by the City Council.
• Many of the recommendations will require action and effort by parties other than the City of San Clemente. For instance, many of the public safety recommendations will be implemented by the Orange County Sheriff’s Department. Staff will collaborate with the parties and ensure they are included in the planning and implementation of the Placemaking effort.

Costs
The contents of this Placemaking Plan are intended to illustrate a comprehensive approach to action items that can result in North Beach being a vibrant and desirable area of the City. However, it is challenging to attach cost estimates to each of the items until there has been direction from the City Council about which portions of the plan, if any, should be implemented. Once that direction has been provided, staff will immediately prepare an addendum to the plan that provides a budget estimate for the selected strategies, and a timeline for the implementation of each selected item. Nonetheless, a general description of costs and necessary approvals is provided for each item strictly for discussion purposes. 330
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How is North Beach Defined?
Creating exact dimensions for North Beach
can be a matter of much discussion and
debate, but for the purposes of this
Placemaking Plan, the shaded area in the
diagram to the left represents the planning
area for the contents of this plan. However,
it is anticipated that adjacent areas, and the
community as a whole, will benefit from the
improvements planned in North Beach. It
should also be noted that this Placemaking
Plan is intended to be updated regularly to
address current conditions and take
advantage of new opportunities.
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Chapter 1 – Public Safety
The first element of an attractive public space is safety. The provision of public safety in San Clemente is conducted by a team of highly skilled professionals. Often, residents and visitors inaccurately presume all public safety issues are addressed by the police, and in our case the Sheriff’s Department. This Chapter identifies the agency responsible for different sectors of public safety and how their coordinated efforts can improve the safety of the North Beach area.

On a daily basis, staff receives reports, input and information about violations of the municipal code and other City of San Clemente adopted laws and Ordinances. A key component of the North Beach Placemaking Plan will be strict adherence to the laws and Ordinances of the City including, but certainly not limited to, no smoking, drinking, drug use or littering on public property, enforcement of animal control laws, enforcement of parking violations and vacating the beach during beach closure hours. These rules are intended to establish an atmosphere where residents, families, business owners, and visitors can feel comfortable and safe in North Beach.

Orange County Sheriff’s Department
The City of San Clemente contracts for police
services provided by the Orange County Sheriff’s
Department. In relation to the North Beach
Placemaking Plan, the Chief of Police Services has
committed to modifying patrols to have an increased presence in the North Beach area. To include strategic operations in this report would be inappropriate and reduce the effectiveness of the tactics, but they will be regularly reviewed and discussed with the City Manager as the plan is implemented and maintained over an extended period of time. One of the more noticeable changes will be the opening of a public safety substation in the North Beach area discussed in more detail in Chapter 2 - Investment. It is likely that to sustain a focused effort in the North Beach area, additional personnel may need to be considered. The addition of personnel would be significant, likely several hundred thousand dollars.

However, the Chief of Police services is open to and recommending that the City Council explore other options, such as private security, in the more active hours in North Beach.

Orange County Fire Department
Emergency fire and medical response in San Clemente is provided by the Orange County Fire Department who also coordinates ambulance service in the community.

Often the first to arrive in an emergency situation, it is critical for the Fire Department to be included in all public safety planning associated with the North Beach Placemaking Plan. At the current time, it is not anticipated that additional resources will be required.

Coastal Animal Services Authority
Animal control is an important part of public safety. Specific to North Beach, dogs are not allowed on the beach in San Clemente, and keeping dogs on a leash in the nonbeach areas is important for community safety. Far too often following dog attacks or biting incidents, the owners are completely surprised that their animal acted in an aggressive manner. Even the best trained dogs are unpredictable in a public setting 332
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and often the fear of dogs off leash impact beachgoers experiences. At the current time, it is not anticipated that additional resources will be required.

San Clemente Lifeguards
The City of San Clemente Lifeguards play a critical role in not only keeping beachgoers safe, but also acting as ambassadors for visitors that may not be familiar with the beach and ocean environment. The Lifeguards are the resident experts in the marine and coastal area of the City and observe conditions on a daily basis. If executed effectively, the North Beach Placemaking Plan can provide opportunities for the Lifeguards to be even more effective in that portion of the beach. In many ways, the Lifeguard Captain is viewed as the ultimate authority for beach and ocean related activities in San Clemente and the Captain’s input is vital to the success of the program. The Lifeguards can and do issue citations for inappropriate behavior when necessary. At the current time, it is not anticipated that additional resources will be required.

San Clemente Code Compliance
The primary responsibilities of the Code Compliance team are to address land use violations such as discharge from construction sites, unlicensed businesses, weeds and overgrown vegetation, failure to obtain proper permits, and similar regulations. However, in relation to beach related issues, and specifically North Beach, the Code Compliance Officers are charged with the identification of unpermitted camping and RV parking. At the current time, there are two vacancies being filled on the Code Compliance team and a new Code Compliance Manager will begin soon. Once these vacancies have been filled, staff is confident that the Code Compliance issues related to North Beach can be properly addressed.

San Clemente Park Rangers
The Park Rangers will play an important role in the Placemaking of North Beach. The Park Rangers perform a variety of tasks including monitoring the activities in the parks, including North Beach, and to enforce the provisions of the San Clemente municipal code. The current authority of the Park Rangers, as well as their compensation level, may need to be examined in order for the Park Rangers to complete the anticipated tasks. Enhancing the Park Ranger program will help reduce the need for additional Code Compliance staff.

Together, these entities work together to maintain a safe and healthy environment. The Sheriff’s Department has committed to modification of assignments to have an increased presence in the North Beach area. Likewise, City personnel including Code Compliance Officers and Park Rangers will be in the area on a more consistent basis, and the Lifeguards will continue to patrol North Beach. Upon discussion with the various entities charged with public safety provision in North Beach and in support of the Placemaking effort, the representatives are suggesting the following public safety related inclusions in the plan:

Public Safety Recommendations

1. Beach Hours. It is recommended that the City Council modify the hours of beach closure from the current 12:00 a.m. until 4:00 a.m. to the hours of 10:00 p.m. until 4:00 a.m. in the North Beach area. The Lifeguards end their scheduled protection of the beach and ocean at dusk. Changing tides, volatile sand conditions, and similar safety factors create many hazards for beachgoers after 333
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dark. The proposed change would only apply to the beach and trail areas, not the commercial areas in North Beach. There would be costs associated with this recommendation including public education through proper signage and outreach, as well as staff time dedicated to preparing the necessary application and processing information for California Coastal Commission approval.

2. Private Security. At least initially, it is recommended that the City Council approve the hiring of a private security firm to provide additional coverage during the most active times of the day. The Orange County Sheriff’s Department has modified their assignments to reduce overnight camping on the beach, but during the daytime hours, they simply do not have enough personnel to address the various nuisance concerns in the North Beach and “T Zone” portions of the community. In the recent past, the City Council reviewed a proposal for 24-hour coverage by private security.

Following consultation with the Sheriff’s Department it was determined that assistance from 7:00 a.m. until 7:00 p.m. in North Beach and in the T Zone would be beneficial. As the program is monitored, the hours of the private security can be adjusted as needed. As the City is able to hire additional Park Rangers, the need for private security may be reduced. It is anticipated that the reduced hours will result in a much lower cost for private security than initially proposed. It is anticipated that this recommendation would be approximately $40,000 to $50,000 per month initially, with adjustments as needed.

3. Enhance Park Ranger Program. It is recommended that the City Council direct staff to modify the expectations of the skills sets for hiring Park Rangers. At the current time, the City’s Park Rangers do not possess the skill sets, nor are they compensated to obtain the skill sets, necessary to provide enforcement of the municipal code. Rather, the Park Rangers are expected to be an active set of eyes on public spaces and ambassadors for visitors. As the North Beach Placemaking evolves, it is anticipated that at least some of the Park Rangers will need to assume a more traditional enforcement role to augment the services of the Orange County Sheriff’s Department.

Hiring a different type of Park Ranger, with an advanced set of skills will take some time and it will be more expensive that the current part-time personnel. It is likely that each full-time Park Ranger will cost the City approximately $120,000 to $150,000 per year.

4. Signage and Public Information. Improve the signage and public knowledge of the municipal laws and ordinances. Attractive, but clear signage informing residents and visitors of the City regulations such as smoking, drinking and drug use, animal regulations, camping, hours of operation and similar public information will allow the regulations to be fairly and predictably enforced. The costs associated with this recommendation are nominal. 334
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Chapter 2 – Investment
Improving the character of an area will require an investment of both time and financial resources.

However, the investments can’t be simply random, but rather serve a specific purpose. Investment by the City of San Clemente can be a catalyst to additional private, county, state and even federal investment.

Staff has conducted site visits and analysis of potential investments that would advance the objectives of the City Council to improve the North Beach area for residents, business owners and visitors.

Recommendations

1. Building Improvement and Modification. The existing restroom facility in North Beach is in need of improvement and refurbishment. Staff is recommending that the building be modified to provide a substation for the Sheriff’s Department that can also be used on occasion by Code Compliance and Park Ranger personnel. Additionally, the current condition of the beach makes the placement of a lifeguard tower at North Beach challenging. As the building is improved, it is proposed that a permanent lifeguard
tower be placed on the roof of the
building to avoid the constant
movement of the lifeguard tower to
respond to beach conditions. It is
anticipated that having a more
consistent presence in North Beach
will improve the overall environment.

A substation allows deputies to stay in
the area while writing reports,
accessing computers and printers, and
other similar office needs. This type of
investment is intentional and not only
achieves the task of improving the
existing building, but also furthering the objectives of the City Council. This would be a significant investment by the City, but one that needs to be completed regardless of the Placemaking Plan.

The facility is in poor condition and whether it is repair to serve the current purpose or the proposed purpose, the costs will be comparable. It is likely that these improvements will be in the neighborhood of $500,000.

2. Rebuild and Update the Playground. North Beach was once home to a popular playground. Over time, many of the playground structures have been removed and at the current time, the only remaining feature is a swing set. Staff is recommending that the City Council direct staff to take the necessary steps to replace the playground and further to explore options to stabilize the playground area from coastal erosion. The costs associated with updating the playground are likely to be about $250,000.

3. Improved Linkages to the Ole Hanson Beach Club. The Ole Hanson Beach Club is a very attractive public space located near North Beach and considered to be located in the North Beach area. The facility is located on a bluff and access and connectivity to North Beach is challenging. Staff is recommending that the City Council direct staff to explore options to link the Ole Hanson Beach Club to the rest of the facilities at North Beach including the beach area, the playground, trails, the train station, local businesses, and the other attractive features of North Beach. The costs 335
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associated with this recommendation are nominal. Although there are existing linkages, additional facilities can help create a better flow between North Beach and the Ole Hanson Beach Club.

4. Enhancements to Landscaping and Other Amenities.

The entrance to the North Beach Trail Head can be
enhanced with some additional landscaping and
improved signage. Other lower cost amenities that
can be added include a pergola and barbeque area,
additional drinking fountains and filling stations, and similar traditional park improvements.
336
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Chapter 3 – Maintenance
One of the most immediate and important aspects of Placemaking is paying attention to detail and proper maintenance. The ‘broken window theory’ is a factor in North Beach and the Public Works Department is committed to a more concerted effort in North Beach. Maintenance workers can be an important source of information in North Beach. The maintenance team is often the first employees to observe vandalism, damage, and even alcohol and drug use when disposing of solid waste.

Keeping North Beach clean, well kempt, with maintained amenities will encourage residents and visitors to frequent the area. More people in North Beach will create the atmosphere the City Council is seeking.

Recommendations

1. Consistent and Constant Maintenance. The Maintenance Division has committed to paying extra attention to North Beach. Excited to be part of the solution, the Division is confident that their efforts will have as much impact as added security and investment. Staff is recommending direction be given to enhance the maintenance of public space in the North Beach area, even if that requires adjustments to maintenance in other locations. There will be an added personnel and equipment costs associated with elevated maintenance in North Beach. However, the maintenance team has determined this is a priority and will include the additional cost in the upcoming budget request.

2. Improvements to the Train Station. The North
Beach Train Station is in a state of disrepair. The
maintenance staff will advance the scheduled
improvements to the station and get them
completed in the very near future. The
improvement will make the station a more
attractive location for visitors and the presence
of workers will ensure a safe and inviting
environment. Staff is recommending the City
Council approve the advancement of the North
Beach Train Station improvements. The costs associated with the update will be reallocated from other projects that might have been completed sooner. The primary cost in this effort will be the frustration in other parts of the community where projects may be delayed.

3. Assistance with Unique Clean-up Situations. On occasion, the Sheriff’s Department, the Code Compliance team or the Park Rangers are faced with situations where significant litter, trash or debris is left behind in the North Beach area. The maintenance team has the equipment and personnel to provide assistance when needed and plan to do so when asked. Staff recommends that the City Council direct the maintenance team to provide the necessary assistance when unique clean-up situations arise in North Beach. The costs associated with this recommendation are nominal and the City already has some accommodations for this effort. The key to success for this recommendation will be communication and timeliness. Staff will address those concerns. 337
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Chapter 4 – Business Support
In order for North Beach to thrive, there must be a solid business climate. Conversely, because North Beach has experienced a decline in visitors and a general lack in maintenance, many of the businesses in the area are not reaching their highest potential. Economic Development is an important element in the North Beach Placemaking program and particularly important in longer term success.

Partners, including the San Clemente Chamber of Commerce and any North Beach business and homeowners groups should be consulted about the Placemaking activities and how they can play an important role in the success of the program. In the preparation of the plan, staff discussed several options to support local business and formulated the recommendations below.

Recommendations

1. Conduct Meetings with the Chamber of Commerce, Business and Homeowners Groups. Local knowledge and support are essential in the success of a Placemaking effort. Additionally, no one likes surprises and the business and homeowners groups are more likely to support the decisions of the City Council if they are aware of the proposals and given a chance to participate. The costs associated with this recommendation are nominal.

2. Business License Forgiveness. When appropriate
and necessary, business incentives can help the
City satisfy the objectives of Placemaking. Staff is
recommending that the City Council authorize the
waiver of the City portion of the business license
fees for any new business opening in the North
Beach area, identified in the map to the right, for
a period of two years. Additionally, staff is
recommending that 50% of the City Portion of the
business license fees be waived for any existing
business in the North Beach area for the period of one year. The costs associated with this action are nominal, but they will reduce, to some extent, the potential revenue from the licenses.

However, if successful the increased revenue from new businesses and a better business climate will far outweigh any costs associated with this recommendation.

3. Streamlined Approvals. Momentum is an important element of success in Placemaking.

Processing applications in a timely manner is a priority for the City of San Clemente, but time is even more critical in North Beach. Applications for new businesses in North Beach will be processed in a streamlined manner. Staff does an excellent job processing all applications, but to achieve the objectives of the City Council, staff will prioritize applications for new businesses in the North Beach area. There are no costs associated with this recommendation, but changing the priority of applications can result in frustration that other applications do not advance as quickly.

4. Explore the creation of a Business Improvement District. As proposed by a resident, staff is recommending that the potential formation of a business improvement district be explored. A formal structure that will allow business owners in North Beach to organize and collaborate in improving the business climate and seeking assistance from the City for area wide improvements.

The costs associated with this recommendation are minimal, but if the district is created and the City is a member, there could be membership costs in the future. 338
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Chapter 5 – Activity
Community events and activities will improve the atmosphere in North Beach and also allow residents and visitors to become more familiar with the area. The City of San Clemente has a robust recreation program and is home to many events and staff can select some activities that can be accommodated in North Beach. There are also some great facilities in North Beach such as the Ole Hanson Beach Club that could be incorporated into the Placemaking plan.

Recommendations

1. Utilize the Ole Hanson Beach Club to bring activities and events to North Beach. The club house and pool amenities located at the Ole Hanson Beach Club present an excellent opportunity to bring residents and visitors to North Beach. The club house is currently leased to a private event company which has limited the use of the facility for recreational program. As the lease is reviewed for renewal, staff would recommend that a
review be completed to reinstate some of the
recreation programs that were held in the facility in
the past. This may require modifications to the lease,
or having the administration of the facility revert
back to the City. Use of the pool facility for lessons
and other activities should be maximized. The costs
associated with this recommendation are minimal.

2. Bring Events to North Beach. San Clemente is home to many first-rate events and activities. Many of the events that happen in other locations in the community would be very appropriate in the North Beach area. Staff is recommending that the City Council direct staff to identify several events that would be appropriate in North Beach and determine which of those would further the objectives of the Placemaking plan to vitalize the North Beach area. The costs associated with this recommendation are minimal.

3. Placement of Holiday Ice Skating Rink at North Beach.

There are many activities that when implemented can define a location. Staff is confident that the placement of a holiday ice skating rink, like the one pictured to the left in Coronado, and some associated holiday activities can help to bring an identity to North Beach as the “place” for holiday fun. This is the essence of Placemaking. Staff is recommending that the City Council direct staff to explore the costs and potential revenues associated with the placement of a holiday skating rink in an appropriate location in the North Beach area. There would be significant costs associated with this recommendation, but there is also potential for offsetting revenue.
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Summary and Next Steps
The North Beach Placemaking Plan includes many staff recommendations for consideration by the City Council. Some of the recommendation can be implemented very quickly, while others will take some time to complete. In summary form, the following represent staff recommendations and potential timelines for consideration by the City Council:

Public Safety
• Modify beach hours in the North Beach area from the current 12:00 a.m. until 4:00 a.m. to the hours of 10:00 p.m. until 4:00 a.m.
• Hire a private security firm to provide additional coverage during the most active times of the day (7:00 a.m. until 7:00 p.m.) in the North Beach and “T Zone” portions of the community under the direction of the Sheriff’s Department.
• Modify the expectations of the skills sets and adjust compensation for Park Rangers. • Improve the signage and public knowledge of the municipal laws and ordinances.

Investment
• Modify the existing restroom facility in North Beach to provide a substation for the Sheriff’s Department that can also be used on occasion by Code Compliance and Park Ranger personnel. • Explore the placement of a lifeguard tower on the roof of the building. • Rebuilding and update the playground in North Beach.
• Improve the linkages to the Ole Hanson Beach Club.
• Enhance landscaping and other amenities.

Maintenance
• Provide consistent and constant maintenance in North Beach. • Complete improvements to the North Beach Train Station. • Provide assistance with Unique Clean-up Situations.

Business Support
• Conduct Meetings with the Chamber of Commerce, Business and Homeowners Groups. • Waive the City portion of the business license fees for any new business opening in the North Beach area for a period of two years and 50% of the City Portion of the business license fees for existing North Beach businesses for one year.
• Process applications for new businesses in the North Beach area in a streamlined manner. • Explore the creation of a Business Improvement District. • Provide immediate assistance with unique clean-up situations in North Beach as needed by the Sheriff’s Department, Code Compliance and Park Rangers, even if schedules need to be rearranged.

Activity
• Utilize the Ole Hanson Beach Club to bring activities and events to North Beach. The club house lease will need to be reviewed and possibly modified.
• Bring Events to North Beach. Staff will identify several events that would be appropriate in North Beach and determine which of those would further the objectives of the Placemaking plan to vitalize the North Beach area.
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• Placement of Holiday Ice Skating Rink at North Beach. This type of activity could help create a sense of place in North Beach.

Next Steps
Although the process of Placemaking happens over an extended period of time, there are safety and security issues that need immediate attention in North Beach. In order to distinguish the recommendations that can happen in short order from those that will require more time to accomplish, staff has separated the recommendations into immediate, short term and longer-term timeframes for consideration by the City Council along with any necessary action of the City Council. Once the City Council has provided direction, this “organic” document will be updated to reflect the decisions of the City Council and the plan will be implemented as directed. It is important to reiterate that this plan, by nature, is intended to be flexible and modified to address changing conditions. Staff will report back to the City Council approximately quarterly on the progress of the Placemaking effort.

Immediate

1. Close North Beach at 10:00 p.m., rather than midnight, and reopen the beach at 4:00 a.m. o Requires modification to Municipal Code

2. Improve the signage and outreach to ensure residents and visitors understand and observe the provisions of the Municipal Code.

3. Enhance the landscaping at the North Beach Trail Head.

4. Install a pergola and barbeque facilities near the playground for family use. o No action necessary

5. Increase the maintenance schedule and daily maintenance in North Beach. o No action necessary

6. Conduct meetings with the Chamber of Commerce, North Beach Business Association, area homeowners associations, and other North Beach groups to share ideas and obtain input. o Direction from City Council

7. Streamline the approval process for applications in the North Beach area. o Direction from City Council
o Resolution of City Council
Short Term

1. Interview at least three (3) private security firms and select the most qualified to provide private security (addressing violations of the Municipal Code) between 7:00 a.m. and 5:00 p.m. everyday. o Direction from City Council
o Budget Allocation

2. Begin the process of updating and improving the North Beach Train Station. o Direction from City Council

3. Waive the City portion of the Business License Fees for any new business opening in the North Beach area for two (2) years. Furthermore, reduce the Business license Fees for any existing businesses in the North Beach area by fifty (50) percent for one year. o Direction of City Council
o Resolution of City Council

4. Utilize Ole Hanson Beach Club to energize the North Beach area. o Direction from City Council
o Examination and possible modification of lease
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Longer-Term

1. Modify the minimum qualifications for at least some of the Park Rangers and hire Rangers with the necessary skill sets and qualifications to enforce the Municipal Code. o Direction from City Council
o Budget Allocation

2. Modify the existing restroom facility to remove the concession stand and install office space to serve as a substation for the Sheriff’s Department and Park Rangers. Further modify the facility to place a lifeguard tower on the roof of the structure.
o Direction from City Council
o Creation of Request for Proposals
o Budget Allocation

3. Rebuild the playground facility in North Beach to include additional amenities. o Direction from City Council
o Budget Allocation

4. Improve the linkages to the Ole Hanson Beach Club to connect the facility with the amenities in North Beach.
o Direction from City Council
o Budget Allocation

5. Explore the potential of creating a North Beach Business Improvement District. o Direction from City Council

6. Identify events that would help realize the objectives of the plan and hold them in North Beach. o Direction from City Council

7. Explore the potential of having a Holiday Ice Skating Rink at North Beach. o Direction from City Council
o Budget Allocation
Initiation of Placemaking
Following discussion by the City Council and obtaining public input, the Placemaking Plan can be refined and an action plan can be created that includes all necessary approvals, project budgets, and timeframes for completion. Once directed by the City Council, staff will initiate the required California Environmental Quality Act assessment and work with the California Coastal Commission on obtaining the necessary Coastal Development Permit. Additionally, the expenses associated with the improvements will be examined and included in the appropriate municipal budget recognizing that the completion of the Placemaking Plan may take more than one year.
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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: 4/18/2023 Agenda Item: B
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

CONSIDERATION OF CITY COUNCIL MEETING SCHEDULE MODIFICATIONS FOR THE REMAINDER OF 2023
Summary:

At the regular City Council meeting on April 4, 2023, the members of the City Council asked Staff to review the City Council meeting schedule for the remainder of the year with consideration given to the Capistrano Unified School District (CUSD) holiday schedule. Following the review, Staff is recommending the City Council cancel its meeting of November 21, 2023, which falls on Tuesday of the Thanksgiving week.

The last City Council meeting of 2023 is scheduled to be held on December 19th, and the last day of school for CUSD is December 21, 2023. Although this meeting is not in direct conflict with the school closure, staff included this information for consideration by the City Council due to its close proximity to the holiday season. If the City Council decides to cancel the meeting on December 19, 2023, the City Council is not scheduled to meet again until January 16, 2024.

A final date to consider include the League of California Cities Annual Conference which is scheduled for September 20 - 22, 2023 in Sacramento. There is a regularly scheduled meeting of the City Council on September 19th and any members choosing to attend the conference would need to make early morning travel arrangements if the meeting is held on the 19th.

In addition to the proposed schedule changes outlined in this agenda report, the City Council previously took action to modify its meeting schedule, which included cancelling its regular meetings of July 4, 2023, August 1, 2023 and January 2, 2024. Additionally, Council added a Budget Workshop to its schedule for May 23, 2023 at 4:00 p.m. and a date for a City Council retreat is under consideration.

Staff will return to Council in December 2023 with proposed meeting schedule modifications for 2024, and will take into consideration CUSD holiday closures.

Council Options:
· Take no action.
· Determine to cancel or reschedule the meetings of September 19, 2023, November 21, 2023 and December 19, 2023.
· Direct Staff to return to Council with additional information.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 4/10/2023
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Meeting Date: 4/18/2023 Agenda Item: B
Fiscal Impact:

None.

Recommended Actions:

Staff Recommendation

1. Determine whether or not to cancel or reschedule the Regular City Council meeting of September 19, 2023.

2. Cancel the City Council meeting of November 21, 2023.

3. Determine whether or not to cancel or reschedule the Regular City Council meeting of December 19, 2023.

Attachment:

Attachment 1 - 2023 City Council Meeting Calendar
Attachment 2 - CUSD 2023-2024 School Calendar
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 4/10/2023
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Cancelled City Council Meeting LTFP & Budget Workshop Meeting 2023 Council Meetin
g A
genda Calendar
Joint Meeting
ATTACHMENT 1
345

CAPISTRANO UNIFIED SCHOOL DISTRICT
2023-2024 SCHOOL CALENDAR (Simplified Version)
 OPENING DAY OF SCHOOL Tuesday, August 15, 2023
(Elementary MINIMUM DAY)
Middle School Back-to-School Nights Tuesday-Thursday, August 22-24, 2023 (MINIMUM DAY, see individual school calendar)
 LABOR DAY Holiday Monday, September 4, 2023
High School Back-to-School Nights Tuesday-Thursday, Sept. 5-7, 2023 (MINIMUM DAY, see individual school calendar)
Elementary School Back-to-School Nights Tuesday-Thursday, September 12-14, 2023 (MINIMUM DAY, see individual school calendar)
• End of 1st Progress Reporting Period (High School) Friday, September 29, 2023 MINIMUM DAY (Parent Conferences – Elementary Only) Tuesday, October 31, 2023  NO SCHOOL K-12 (Elementary Parent Conferences)
Elementary MINIMUM DAYS (Parent Conferences)
• End of 2nd Progress Reporting Period (High School)
 VETERANS DAY Holiday
 THANKSGIVING RECESS
High School MINIMUM DAYS (Final Exams)
• End of First Semester (High School)
● NO SCHOOL K-12 (Pupil-Free Day)
 WINTER RECESS
• Second Semester Begins
 DR. MARTIN LUTHER KING, JR. Holiday
 LINCOLN DAY Holiday
 WASHINGTON DAY Holiday
• End of 1st Progress Reporting Period (High School)
Elementary MINIMUM DAYS (Parent Conferences)
 SPRING RECESS
• End of 2nd Progress Reporting Period (High School)
 MEMORIAL DAY Holiday
High School MINIMUM DAYS (Final Exams)
 LAST DAY OF SCHOOL, ALL STUDENTS
Wednesday, November 1, 2023
Thurs.- Fri., Nov. 2-3, Mon., Nov. 6, 2023
Thursday, November 9, 2023
Friday, November 10, 2023
Mon.-Friday, November 20 - 24, 2023
Tuesday-Thursday, December 19-21, 2023
Thursday, December 21, 2023
Friday, December 22, 2023
Monday-Friday, Dec. 25, 2023-Jan. 5, 2024
Monday, January 8, 2024
Monday, January 15, 2024
Friday, February 16, 2024
Monday, February 19, 2024
Friday February 23, 2024
Tuesday-Friday, February 20-23, 2024
Monday-Friday, April 1-5, 2024
Friday, April 12, 2024
Monday, May 27, 2024
Tuesday-Thursday, May 28 - 30, 2024
Thursday, May 30, 2024
(MINIMUM DAY for All Students)
ATTACHMENT 2
346

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/18/2023 Agenda Item: C.

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

PUBLIC SAFETY COMMITTEE REPORT REGARDING ENHANCED FEATURES FOR 911

DISPATCH CENTER
Summary:

At the Public Safety Committee Meeting of February 28, 2023, the Committee received a presentation about Prepared 911, a software company that provides improved features for 911 dispatch centers. These features allow callers to submit real-time, actionable data, such as pictures, live video, and locational information, to dispatchers. The Committee desires to inform the City Council of this service, which the Orange County Sheriff’s Department anticipates implementing in mid-2023.

Background:

Prepared 911 provides 911 dispatch centers with the ability to allow the public to share emergency information directly from mobile devices through the submission of photos, live video, and GPS location data. These features are provided to enforcement agencies free of charge and include implementation of the service, training for dispatchers, data storage and archiving, and on-going technical support. Currently, the Orange County Sheriff’s Department is anticipating implementation of these features in mid-2023.

In addition to the free services provided, Prepared 911 also has enhanced capabilities that can be provided for a cost. These enhanced features allow the real-time information received by dispatchers to be transmitted to first responders at, or en route to, the location of an emergency situation, language translation services for communications received via text message, and the ability to remotely hide a caller’s screen when they are filming to prevent others from knowing filming is taking place.

The Public Safety Committee reviewed this service at their February 28, 2023 meeting as part of their Disaster Preparedness and Communication Work Plan Project, and found that the enhanced features would be an added benefit to the City’s public safety response efforts. While the implementation of this software occurs directly between Prepared 911 and the Orange County Sheriff’s Department, the Committee desires to make the City Council aware of the benefit of the enhanced features in the event that future discussions with Orange County Sheriff’s Department include this topic.

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Meeting Date: 4/18/2023 Agenda Item: C.

Council Options:
· Receive and file this report.
· Continue the Item with direction to provide additional information. · Provide specific direction to City staff for further action.

Fiscal Impact:

None to receive and file this report. Direct costs related to the provision of Prepared 911’s enhanced features is not known at this time, as implementation of these features would be on a County-wide basis, not on a city-by-city basis.

Recommended Actions:

Staff Recommendation
Staff recommends the City Council receive and file this report.

Attachment:

None.

Notification:

None.

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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/18/2023 Agenda Item: D.

Department: City Manager
Prepared By Andy Hall, City Manager
Subject:

CONSIDERATION OF ADOPTING A RESOLUTION IN OPPOSITION TO CALIFORNIA ASSEMBLY BILL (AB) 1078
Summary:

On March 21, 2023, Mayor Pro Tem Knoblock, with the support of Councilmember Cabral and Councilmember James, requested a resolution of opposition to Assembly Bill (AB) 1078 be placed on the agenda for consideration. The consideration of this resolution was continued to the April 18, 2023 City Council meeting.

The sponsors of this agenda item are concerned that the bill, as enrolled, will continue to erode autonomy and decision-making authority from government entities closest to the people including the City of San Clemente and local school districts. Furthermore, the ‘one size fits all’ approach from state government fails to recognize the differences and diversity in California’s communities.

Council Options:
• Adopt Resolution No. 23-17 opposing AB 1078.
• Modify and adopt Resolution No. 23-17.
• Continue the Item with direction to staff to provide additional information. • Deny Resolution No. 23-17.

Fiscal Impact:

None.

Staff Recommendation:

Determine whether to adopt Resolution No. 23-17 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING AB 1078 (COREY JACKSON 2023)”.

Attachments:

1. Resolution No. 23-17

2. State’s Legislative Counsel’s Digest AB 1078
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ATTACHMENT 1
RESOLUTION NO. 23-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, OPPOSING AB 1078 (Corey
Jackson 2023)
WHEREAS, AB 1078, as proposed, is an example of the continued erosion of local decision making and autonomy from local government entities, in particular those that are closest to the people they serve, including the City of San Clemente and local school districts; and WHEREAS, AB 1078, as proposed, promotes a ‘one size fits all’ approach from state government that fails to recognize the differences and diversity in California’s communities including the unique qualities of the City of San Clemente and our local school district; and WHEREAS, the idea of local control of education is a constitutional concept embedded in American culture. It is generally accepted that decisions about the education of children in a public school district should be made by those who are closest to the site; and WHEREAS, Legislative Counsel’s Digest that states AB 1078 if enacted into law, would require the state Board of Education, located in Sacramento, California to develop, by July 1, 2024, a policy for local educational agencies across the state to follow in order to obtain state approval before removing any instructional materials or ceasing to teach any curriculum; and WHEREAS, if enacted, AB 1078 would add Section 600400 to the Education Code, to limit a school district, county office of education, or charter schools from removing instructional materials without the approval of the state Board of Education and in compliance with other procedures developed by the state Board.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Clemente that:

Section 1. The City Council of the City of San Clemente opposes AB 1078 on the following grounds:

1. It represents an attempt by the State Government to impose additional mandates on and further erodes the decision-making authority of local government entities, including school boards.

2. It represents the State of California’s continuing effort to remove control of decision making from local government entities, like the San Clemente City Council, and other local government entities and move that decision making power to the Sacramento government bureaucracy.

3. It is a constitutional infringement on citizens, parents, school boards and local government entities that are closest to the community in which they serve and have a better understands of the needs of the community.

4. It limits the rights of local boards of education, charter schools, and parental volunteer organizations such as PTAs to advance the concept of control of education.

Section 2. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
350
Resolution No. 23-17 Page 2
PASSED AND ADOPTED this _____ day of ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
351
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1078
Introduced by Assembly Member Jackson
February 15, 2023
An act to amend Sections 18111 and 60040 of, and to add Sections 33030.5, 51201, and 60040.5 to, the Education Code, relating to pupil instruction.
legislative counsel’s digest
AB 1078, as introduced, Jackson. Instructional materials: removing instructional materials and curriculum: diversity.

Existing law prescribes substantive requirements and particular processes that the State Board of Education, the Instructional Quality Commission, local educational agencies, and the Superintendent of Public Instruction are required to follow when adopting or evaluating instructional materials or curriculum frameworks, as defined.

This bill would require the state board to develop, by July 1, 2024, a policy for local educational agencies to follow before removing any instructional materials or ceasing to teach any curriculum. The bill would require the policy to include, but not be limited to, a requirement that the local educational agency receive approval from the state board before removing any instructional materials or ceasing to teach any curriculum. Commencing with the 2024–25 school year, the bill would require a local educational agency to receive approval from the state board and comply with any other applicable policies adopted by the state board before ceasing to teach any curriculum or removing any instructional materials. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program.

ATTACHMENT 2
352
Existing law requires the state board to adopt standards, rules, and regulations for school library services and authorizes the governing board of a school district to exclude from schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.

This bill would also require the governing board of a school district to receive approval from the state board and comply with any other applicable policies adopted by the state board before removing any books, publications, or papers from schools and school libraries. By imposing new obligations on school districts, the bill would impose a state-mandated local program.

Existing law requires governing boards of school districts, when adopting instructional materials for use in the schools, to include materials that accurately portray the cultural and racial diversity of our society, including the contributions of both men and women and the role and contributions of culturally and racially diverse groups, including, among others, Mexican Americans, lesbian, gay, bisexual, and transgender Americans. Existing law requires the state board to comply with those requirements related to the accurate portrayal of cultural and racial diversity when reviewing and adopting or recommending for adoption submitted basic instructional materials.

Existing law also requires the governing board of each school district maintaining one or more high schools to comply with those requirements related to the accurate portrayal of racial and cultural diversity when adopting instructional materials for use in the high schools under its control.

This bill would revise the list of culturally and racially diverse groups to instead include materials that accurately portray the contributions of people of all gender expressions and the role and contributions of LGBTQ+ Americans. The bill would also require that every instructional material adopted by a governing board include proportional and accurate representation of California’s diversity in the categories of race, gender, socioeconomic status, religion, and sexuality. By imposing new obligations on local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, AB 1078 — 2 —
353
reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 18111 of the Education Code is amended line 2 to read:
line 3 18111. (a)  The governing board of any a school district may line 4 exclude from schools and school libraries all books, publications, line 5 or papers of a sectarian, partisan, or denominational character. line 6 (b) Commencing with the 2024–25 school year, the governing line 7 board of a school district shall only remove books, publications, line 8 or papers from schools and school libraries with approval from line 9 the state board and in compliance with other procedures developed line 10 by the state board, as described in Section 33030.5. line 11 SEC. 2. Section 33030.5 is added to the Education Code, to line 12 read:
line 13 33030.5. (a)  The state board shall, by July 1, 2024, develop a line 14 policy for local educational agencies to follow before removing line 15 any instructional materials or ceasing to teach any curriculum. line 16 This policy shall include, but not be limited to, a requirement that line 17 the local educational agency receive approval from the state board line 18 before removing any instructional materials or ceasing to teach line 19 any curriculum.
line 20 (b) For purposes of this section, the following definitions apply:
line 21 (1) “Curriculum” means the components of a course of study. line 22 (2) “Instructional materials” has the same meaning as that term line 23 is defined in subdivision (h) of Section 60010. line 24 (3) “Local educational agency” means a school district, county line 25 office of education, or charter school.
line 26 SEC. 3. Section 51201 is added to the Education Code, to read:
line 27 51201. (a)  Commencing with the 2024–25 school year, a line 28 school district, county office of education, or charter school shall line 29 only cease teaching any curriculum with approval from the state line 30 board and in compliance with other procedures developed by the line 31 state board pursuant to Section 33030.5.
line 32 (b) For purposes of this section, “curriculum” means the line 33 components of a course of study.
— 3 — AB 1078
354
line 1 SEC. 4. Section 60040 of the Education Code is amended to line 2 read:
line 3 60040. (a)  When adopting instructional materials for use in line 4 the schools, governing boards shall include only instructional line 5 materials which, that, in their determination, accurately portray line 6 the cultural and racial diversity of our society, including:
line 7 (a)
line 8 (1) The contributions of both men and women people of all line 9 gender expressions in all types of roles, including professional, line 10 vocational, and executive roles.
line 11 (b)
line 12 (2) The role and contributions of Native Americans, African line 13 Americans, Mexican Americans, Asian Americans, Pacific line 14 Islanders, European Americans, lesbian, gay, bisexual, and line 15 transgender Americans, LQBTQ+ Americans, persons with line 16 disabilities, and members of other ethnic and cultural groups to line 17 the total development of California and the United States. line 18 (c)
line 19 (3) The role and contributions of the entrepreneur and labor in line 20 the total development of California and the United States. line 21 (b) Every instructional material adopted by a governing board line 22 shall include proportional and accurate representation of line 23 California’s diversity in the following categories:
line 24 (1) Race.
line 25 (2) Gender.
line 26 (3) Socioeconomic status.
line 27 (4) Religion.
line 28 (5) Sexuality.
line 29 SEC. 5. Section 60040.5 is added to the Education Code, to line 30 read:
line 31 60040.5. Commencing with the 2024–25 school year, a school line 32 district, county office of education, or charter school shall only line 33 remove instructional materials with approval from the state board line 34 and in compliance with other procedures developed by the state line 35 board pursuant to Section 33030.5.
line 36 SEC. 6. If the Commission on State Mandates determines that line 37 this act contains costs mandated by the state, reimbursement to line 38 local agencies and school districts for those costs shall be made AB 1078 — 4 —
355
line 1 pursuant to Part 7 (commencing with Section 17500) of Division line 2 4 of Title 2 of the Government Code.
— 5 — AB 1078
356

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 4/18/2023 Agenda Item: E.

Department: City Manager
Prepared By Andy Hall, City Manager
Subject:

CONSIDERATION OF RESOLUTION 23-16 TO REPEAL IN FULL AND REPLACE WITH A NEW CITY COUNCIL POLICY AND PROCEDURE 1201-8 LEGISLATIVE BODY REIMBURSEMENT Summary:

On April 4, 2023, staff was directed to update City Council Policy and Procedure 1201-8 Legislative Body Reimbursement, specifically to include a process to allow the City Council to consider potential travel expenses prior to travel by members of the City Council for City business, training or other authorized purposes. Staff reviewed the current policy and determined that it would be less confusing to repeal and replace the policy than to insert language into various sections of the existing policy. A copy of both the proposed and current policy have been included for comparison.

Background:

Recent travel by members of the City Council has been a point of discussion between members of the City Council and staff was directed to update the Legislative Body Reimbursement Policy to specifically allow the City Council, in a public meeting, to authorize travel related expenses by members of the City Council prior to the travel whenever possible. Staff reviewed the policy and determined there were some additional, non-material, updates that would improve the policy and procedure. Therefore, a new policy and procedure was created. Staff is recommending that the existing policy and procedure be repealed and replaced with the new language to reduce any internal inconsistencies or duplications.

The most material amendment to the previous policy is the process of approval. If approved, the new policy would require all Councilmember travel expenditures in excess of $250 to be placed on the consent agenda of a City Council meeting prior to travel whenever possible. If travel is more urgent and justified, the travel expenses will be placed on the consent agenda of a City Council meeting immediately following the travel. If Councilmembers have concerns about the anticipated travel, the item could be removed from the consent agenda and discussed by the full body of the City Council.

Other amendments have been included to simply update the provisions of the policy. The policy identifies the types of travel that will be reimbursed, the policy on different modes of transportation, lodging expenses, per diem (meals and related expenses), and information about submitting a travel expense report.

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Meeting Date: 4/18/2023 Agenda Item: E.

Council Options:
· Approve Resolution 23-16 that would repeal in full and replace with a new Policy and Procedure 1201-8.
· Modify and approve Resolution 23-16.
· Continue the Item with direction given to staff.
· Deny Resolution 23-16.

Fiscal Impact:

None
Recommended Actions:

Staff recommends approval of Resolution 23-16 to repeal in full and replace with a new City Council Policy and Procedure 1201-8.

Attachment:

1. Resolution 23-16

2. Proposed Policy and Procedure 1201-8

3. Existing Policy and Procedure 1201-8
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 4/13/2023
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Attachment 1
4865-9315-5421 v1
RESOLUTION NO. 23-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, REPEALING POLICY AND
PROCEDURE 1201-8 LEGISLATIVE BODY REIMBURSEMENT
AND ADOPTING A NEW POLICY AND PROCEDURE 1201-8

LEGISLATIVE BODY REIMBURSEMENT
WHEREAS, it is appropriate to update the policies and procedures implemented by the City Council from time to time; and
WHEREAS, the City Council has determined that an update to the Legislative Body Reimbursement policy and procedure would be in the best interest of the community and improve the process for Councilmember reimbursement of approved expenses; and WHEREAS, the City Council has determined that approval of all expenses in a public meeting will result in improved transparency and accountability.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:

Section 1.

The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

Section 2.

City Council Policy and Procedure 1201-8 with an effective date of May 15, 2007, is repealed in its entirety.

Section 3.

This resolution repeals the existing City Council Policy and Procedure 1201-8 in full and replaces City Council Policy and Procedure 1201-8 as follows:

1.0 PURPOSE and PROCESS:

The City of San Clemente Legislative Body Reimbursement Policy and Procedure is intended to be consistent with all provisions of California State law, specifically California Government Code 53232. Where and if discrepancies between California State law and these policies exist, the provisions of California State law will prevail.

All Councilmember travel expenditures in excess of $250 require approval by the City governing body. The estimated travel expenses will be placed on the consent agenda of a City Council meeting prior to travel whenever possible. If travel is more urgent and justified, the travel expenses will be placed on the consent agenda of a City Council meeting immediately following the travel.

2.0 APPLICABILITY:

City Councilmembers are entitled to payment or reimbursement for the following:
359
Resolution No. 23-16 Page 2
4865-9315-5421 v1

1. Official meetings with representatives of regional, state and national government on City adopted policy positions.

2. Advocacy for City of San Clemente issues, when approved by the City Council.

3. Attending educational seminars designed to improve skills and knowledge.

Associated expenses, supported with original itemized receipts, for registration, tuition, and parking are reimbursable.

4. Participation in regional, state and national organizations whose activities affect the City’s interests.

5. Implementing an adopted strategy for attracting or retaining businesses which will typically involve at least one staff member.

The City of San Clemente will not reimburse Councilmembers for personal travel (or the personal portion of any trip); political or charitable contributions or events; family expenses including partner, children or pet expenses when accompanying a member on City business; entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including tickets, gym, massage and/or golf related expenses) or other cultural events; personal automobile expenses including repairs, traffic citations, insurance or personal losses incurred while on City business.

3.0 TRANSPORTATION:

When traveling, Councilmembers will use the most economical mode and class of transportation reasonably consistent with scheduling needs and space requirements.

This includes the use of the most direct and time efficient route. In the event a more expensive transportation form or route is used, the cost borne by City will be limited to the cost of the most economical, direct, efficient, and reasonable transportation form. Government and group rates must be used when available.

When possible, airfares should be purchased using the Enhanced Local Government Airfare Program offered by the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org) and the State of California, which are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. When reimbursement for airport parking is requested, any airport parking more than 24 hours must be in long term parking or private economy lots. Reasonable and standard baggage handling fees will be reimbursed.

Reasonable and necessary charges for public transportation, taxi, or shuttle service are reimbursable at actual cost with receipts. Car rental is allowed when it is determined it is the most economical and reasonable mode of transportation during travel. Itemized original receipts must be submitted with vehicle rental reimbursement claims. If a personal car is used the Councilmember can seek reimbursement for mileage at the Internal Revenue Service (IRS) rates presently in effect.

4.0 LODGING:

Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Extended stays and extra nights, often for personal travel, are the responsibility of the Councilmember. If possible, lodging in 360
Resolution No. 23-16 Page 3
4865-9315-5421 v1
connection with a conference or organized educational activity should be secured using the group rate provided by the conference or activity sponsor. In situations where conference group rates are not available, the IRS per diem rates for lodging can be used as a guide.

Non-reimbursable lodging expenses include, but are not limited to, costs for an extra person staying in the room, costs related to late check out or uncancelled reservations, and in-room pay-per-view movie rentals. Original itemized receipts must accompany claims for lodging reimbursements.

5.0 PER DIEM, MEALS AND TRAVEL RELATED EXPENSES:

5.1 Per Diem
Councilmembers are encouraged to request a per diem based upon the IRS per diem rates for meals and incidental expenses in the area the Councilmember is traveling.

Per diem rates may be deducted for applicable meals included in conference or seminar registration and program fees. The per diem will be provided to the Councilmember in advance, when possible, and will only be calculated for the time of official travel. Extended stays for personal travel will not be eligible for per diem.

Receipts are not required to claim the meal and incidental expenses per diem.

5.2 Meals
Meal expenses and associated gratuities should be moderate, considering community standards and the prevailing restaurant costs of the area. The City will not pay for or reimburse alcohol/personal bar expenses, or meals for guests or spouses. The IRS per diem rates can be used as a guide for reimbursement.

5.3Incidental Expenses
Incidental expenses must be related to the purpose of the approved travel and not for personal reasons. For instance, when approved travel lasts for more than one week, laundry/dry cleaning expenses may be reimbursed. An attempt to list all potential incidental expenses is challenging, but Councilmembers are aware that all expenses will be identified on a travel expense report. Incidental expenses should be pre-authorized whenever possible as details of the travel are assembled.

6.0 Travel Expense Report:

A travel expense report will be generated for all official travel by members of the City Council. Reimbursement requests, identified on the report, must be submitted within 60 days of the original transaction or the completion of travel to be reimbursed.

Documentation of all receipts detailing the amount paid, the items/services received and the date must be submitted with the Travel Expense Report. Requests for reimbursement will be processed within the normal Accounts Payable schedule.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions and replace City Council Policy and Procedure 1201-8 with the language adopted by this resolution. 361
Resolution No. 23-16 Page 4
4865-9315-5421 v1
PASSED AND ADOPTED this 27th day of March, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
362
Attachment 2

POLICY AND PROCEDURE
Subject: Legislative Body
Reimbursement
Index: Finance
Number: 1201-8
Effective Date: April 18, 2023 Prepared By: Finance and Administrative Services
Supersedes: Same Policy: May 15, 2007 Approved By: City Council

1.0 PURPOSE and PROCESS:

The City of San Clemente travel and expense policy is intended to be consistent with all provisions of California State law, specifically California Government Code 53232.

Where and if discrepancies between California State law and these policies exist, the provisions of California State law will prevail. All Councilmember travel expenditures in excess of $250 require approval by the City governing body. The estimated travel expenses will be placed on the consent agenda of a City Council meeting prior to travel whenever possible. If travel is more urgent and justified, the travel expenses will be placed on the consent agenda of a City Council meeting immediately following the travel.

2.0 APPLICABILITY:

City Councilmembers are entitled to payment or reimbursement for the following:

1. Official meetings with representatives of regional, state and national government on City adopted policy positions.

2. Advocacy for City of San Clemente issues, when approved by the City Council.

3. Attending educational seminars designed to improve skills and knowledge.

Associated expenses, supported with original itemized receipts, for registration, tuition, and parking are reimbursable.

4. Participation in regional, state and national organizations whose activities affect the City’s interests.

5. Implementing an adopted strategy for attracting or retaining businesses which will typically involve at least one staff member.
363

The City of San Clemente will not reimburse Councilmembers for personal travel (or the personal portion of any trip); political or charitable contributions or events; family expenses including partner, children or pet expenses when accompanying a member on City business; entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including tickets, gym, massage and/or golf related expenses) or other cultural events; personal automobile expenses including repairs, traffic citations, insurance or personal losses incurred while on City business.

3.0 TRANSPORTATION:

When traveling, Councilmembers will use the most economical mode and class of transportation reasonably consistent with scheduling needs and space requirements. This includes the use of the most direct and time efficient route. In the event a more expensive transportation form or route is used, the cost borne by City will be limited to the cost of the most economical, direct, efficient, and reasonable transportation form. Government and group rates must be used when available.

When possible, airfares should be purchased using the Enhanced Local Government Airfare Program offered by the League of California Cities (www.cacities.org/travel), the California State Association of Counties (http://www.csac.counties.org) and the State of California which are presumed to be the most economical and reasonable for purposes of reimbursement under this policy. When reimbursement for airport parking is requested, any airport parking more than 24 hours must be in long term parking or private economy lots. Reasonable and standard baggage handling fees will be reimbursed.

Reasonable and necessary charges for public transportation, taxi, or shuttle service are reimbursable at actual cost with receipts. Car rental is allowed when it is determined it is the most economical and reasonable mode of transportation during travel. Itemized original receipts must be submitted with vehicle rental reimbursement claims. If a personal car is used the Councilmember can seek reimbursement for mileage at the Internal Revenue Service (IRS) rates presently in effect.

4.0 LODGING:

Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Extended stays and extra nights, often for personal travel, are the responsibility of the Councilmember. If possible, lodging in connection with a conference or organized educational activity should be secured using the group rate provided by the conference or activity sponsor. In situations where conference group rates are not available, the IRS per diem rates for lodging can be used as a guide.

Non-reimbursable lodging expenses include, but are not limited to, costs for an extra person staying in the room, costs related to late check out or uncancelled reservations, and in-room pay-per-view movie rentals. Original itemized receipts must accompany claims for lodging reimbursements.
364

5.0 PER DIEM, MEALS AND TRAVEL RELATED EXPENSES:

5.1 Per Diem
Councilmembers are encouraged to request a per diem based upon the IRS per diem rates for meals and incidental expenses in the area the Councilmember is traveling. Per diem rates may be deducted for applicable meals included in conference or seminar registration and program fees. The per diem will be provided to the Councilmember in advance, when possible, and will only be calculated for the time of official travel. Extended stays for personal travel will not be eligible for per diem. Receipts are not required to claim the meal and incidental expenses per diem.

5.2 Meals
Meal expenses and associated gratuities should be moderate, considering community standards and the prevailing restaurant costs of the area. The City will not pay for or reimburse alcohol/personal bar expenses, or meals for guests or spouses. The IRS per diem rates can be used as a guide for reimbursement.

5.3 Incidental Expenses
Incidental expenses must be related to the purpose of the approved travel and not for personal reasons. For instance, when approved travel lasts for more than one week, laundry/dry cleaning expenses may be reimbursed. An attempt to list all potential incidental expenses is challenging, but Councilmembers are aware that all expenses will be identified on a travel expense report. Incidental expenses should be pre-authorized whenever possible as details of the travel are assembled.

6.0 Travel Expense Report:

A travel expense report will be generated for all official travel by members of the City Council. Reimbursement requests, identified on the report, must be submitted within 60 days of the original transaction or the completion of travel to be reimbursed. Documentation of all receipts detailing the amount paid, the items/services received and the date must be submitted with the Travel Expense Report. Requests for reimbursement will be processed within the normal Accounts Payable schedule.
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Attachment 3

POLICY AND PROCEDURE
Subject: Legislative Body
Reimbursement
Index: Finance
Number: 1201-8
Effective Date: May 15, 2007 Prepared By: Finance and
Administrative Services
Supersedes: Approved By:

1.0 PURPOSE:

Expense reimbursement policies and procedures for members of the legislative body are hereby established to provide a common understanding of the circumstances in which such persons are entitled to reimbursement for travel outside the local area; to provide for the reimbursement of expenses incurred while members of the legislative body are conducting City business; and to ensure that all requests for reimbursement are in accordance with AB 1234, Government Code Section 53232 and existing City policies and generally accepted accounting practices.

2.0 ORGANIZATIONS AFFECTED:

Elected City Council Members
Appointed Members of City Commissions and Committees
Any other “Brown Act” Legislative Bodies

3.0 REFERENCES:

Government Code Section 53232
AB 1234

4.0 POLICY:

4.1 Reimbursement – Members of the legislative body will be reimbursed for all business expenses incurred while conducting City business provided that all required documentation is presented to substantiate the expenses. Reimbursements will be made for:
 Meetings with government and business leaders.
 Conferences, training and educational trips, including visiting other governments to discuss and observe best practices.
 Lobbying trips.
 Business-related trips where a benefit to the City can be defined.  City business-related reading and educational materials and governmental organization memberships.
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Reimbursement is limited to lodging, telephone charges, transportation, registration fees, meals, parking, airport or train station to hotel transportation, tips and laundry/dry cleaning.

4.1.1 Lodging reimbursement is limited to the minimum number of nights required to conduct the assigned City business. If a member of the legislative body chooses to arrive earlier, stay later or upgrade the room, the additional expenses will not be reimbursed by the City.

4.1.2 If Lodging is in connection with a conference or organized educational activity conducted in compliance with subdivision (c) of section 54952.2, included but not limited to, ethics training required by Article 2.4, lodging costs shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the member of a legislative body at the time of booking. (53232.2 (d))

4.1.3 If the group rate is not available, the member of a legislative body shall use comparable lodging that is consistent with the Internal Revenue Service rates for reimbursement of travel and use government and group rates offered by a provider of lodging services when available.

4.1.4 Local and long distance telephone charges will be reimbursed only when such calls are made while conducting City business.

4.1.5 Transportation reimbursement will be for expenses incurred by the most direct route.

4.1.6 Laundry/dry cleaning expenses will be reimbursed only for members attending a seminar or school for more than one week in length.

4.1.7 Reasonable actual costs of meals or refreshments provided while conducting City business will be reimbursed. Identification of the elected and appointed officials and the nature of the business must be documented.

As an alternative to actual costs a “per diem” reimbursement may be selected for reimbursement.

4.1.7.1 Expenses for liquor, spouses, guests or other persons not authorized to receive reimbursement will not be allowed.

4.1.8 Costs incurred, as part of travel, but not identified as allowable for reimbursement as part of this policy are considered the individuals responsibility.
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4.2 Per Diem Allowance – A daily or "per diem" allowance for meals, including the meal tip, has been established at the following rates:

Breakfast $9
Lunch $12
Dinner $25

4.2.1 A "per diem" allowance will not be reimbursed for meals included in the conference or seminar cost. A copy of the conference registration (brochure) and whether meals are included should be attached to the Travel Expense Report.

4.2.2 A “per diem” allowance will not be allowed if the meal is provided as part of the hotel stay.

4.3 Travel Advance – Individuals are encouraged to prepay all transportation, lodging and registration costs. The City may provide an advance of City funds if requested.

4.4 Mileage Reimbursement – Mileage for personal vehicles may be reimbursed only when the cost is lowest when compared to other means of transportation. If a personal vehicle is authorized for use, a mileage reimbursement will be made at the standard mileage rate published by the Internal Revenue Service. The mileage reimbursement is intended to pay for gas, wear and tear and liability insurance for the personal vehicle.

4.5 City Manager Credit Card – A credit card has been made available to the City Manager to pay for business conducted on behalf of the City. The cardholder is responsible for the security and use of all purchases made with the credit card.

5.0 DEFINITIONS:

Not Applicable.

6.0 PROCEDURE:

6.1 Legislative Reporting - Members of the legislative body shall provide brief reports on meetings attended at the expense of the City at the next regular meeting of the legislative body. (53232.3(d))

6.2 Travel Expense Report - Requests for reimbursement of authorized expenses must be made on a Travel Expense Report. All requests must be submitted within 60 days of the original transaction or the completion of travel to be reimbursed.

Documentation of all original receipts or bank card charge slips detailing the amount paid, the items/services received and the date must be submitted with the Travel Expense Report. Requests for reimbursement will be processed within the normal Accounts Payable schedule. Travel expense reports are located in Microsoft Word under the general templates, and general tab.
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6.3 Travel Advance Requests - Requests for Travel Advances must be made on a Travel Expense Report. Upon completion of travel, a second Travel Expense Report must be submitted with the proper documentation of expenses for Finance Department reconciliation. In the event that the actual expenses were less than the amount advanced, a refund of the unspent portion of the advance must be turned in with the expense report. If the expenses were greater than the amount advanced, reimbursement will be processed within the normal Accounts Payable schedule.

6.4 Credit Card Repayment – The credit card statement is to be provided with copies of the supporting documents/receipts and list the purpose for all purchases made with the credit card. The expenditure account number for each of the purchases is to be properly listed on the payment request. This information is to be submitted to the City Treasurer for approval. Once approved, the expenses will be submitted to Finance to be processed within the normal accounts payable schedule.

6.5 Approvals – Travel expenses and travel reimbursements must be first approved by the City Manager or Assistant City Manager/Treasurer before reports are sent to the Finance Department for the processing of payment.
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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: 4/18/2023 Agenda Item: (1)
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

SCHEDULING OF MEETINGS TO INTERVIEW AND APPOINT INDIVIDUALS TO SERVE ON

VARIOUS CITY COMMISSIONS AND COMMITTEES
Summary:

The City of San Clemente Municipal Code, Section 2.40.030, requires the City Clerk to provide a report to the City Council at least 60 days prior to the expiration of the terms of City Council appointees. The purpose of this provision is to enable the City Council to authorize the City Clerk to advertise the vacancies and to schedule a date(s) for Councilmembers to interview applicants and make appointments. Accordingly, this item has been placed on the agenda for City Council consideration at this time.

The terms of 14 individuals who serve on City Commissions and Committees will expire on June 30, 2023, as well as the resignation of an Investment Advisory Committee member whose term was set to expire on June 30, 2024, as follows:

Planning Commission - 3 Vacancies
Golf Course Committee - 2 Vacancies
Beaches, Parks and Recreation Commission - 3 Vacancies
Human Affairs Committee - 3 Vacancies
Investment Advisory Committee - 2 Vacancies (1 term expires on June 30, 2023 and one resignation from Ryan Bourque whose term was set to expire on June 30, 2024).

Public Safety Committee - 2 Vacancies
Attachment 1 of this Administrative Report is a Local Appointments List that identifies the current position incumbents whose terms are due to expire on June 30, 2023.

Council Options:
· Direct the City Clerk to advertise the vacant positions and set interview dates for Commission and Committee interviews.
· Continue the item with direction to Staff to provide additional information.

Fiscal Impact:

None.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 4/10/2023
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Meeting Date: 4/18/2023 Agenda Item: (1)
Recommended Actions:

Staff Recommendation

1. Authorize the City Clerk to advertise to fill 14 vacancies on the Planning Commission, Golf Course Committee, Beaches, Parks and Recreation Commission, Human Affairs Committee, and Investment Advisory Committee. All positions are for two-year terms to expire June 30, 2025.

2. Authorize the City Clerk to advertise to fill 1 vacancy on the Investment Advisory Committee for a one-year term to expire June 30, 2024, to fill the position of Ryan Bourque, who recently resigned.

3. Establish meeting date(s) in June 2023 to interview and appoint individuals to fill the upcoming vacancies.

Attachment:

1. Local Appointments List

2. 2023 City Council Meeting Calendar
Notification:

Commission and Committee members with terms set to expire on June 30, 2023.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 4/10/2023
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Posted to City website and bulletin board on December 2, 2022 ATTACHMENT 1
Local Appointments List
Commission and Committee
Member Terms to Expire in 2023
Planning Commission Date of
Appointment
Date Term
Expires
Qualifications
M. Steven Camp July 2021 June 2023 City Resident
Barton Crandell July 2021 June 2023 City Resident
Brent Davis July 2022 June 2023 City Resident
Golf Course Committee
Rick Divel June 2020 June 2023 City Resident
Dick Veale June 2020 June 2023 City Resident
Beaches, Parks and Recreation
Commission
Jorine Campopiano August 2021 June 2023 City Resident
Teri Rousseau August 2021 June 2023 City Resident
Amelia Mae-Weinstein July 2022 June 2023 City Resident
Human Affairs Committee
Michelle Brooks August 2021 June 2023 City Resident
Lisa Edone August 2021 June 2023 City Resident
Aaron Washington July 2022 June 2023 City Resident
Investment Advisory Committee
Arthur Carter June 2020 June 2023 City Resident
Public Safety Committee
Nick Berkuta June 2020 June 2023 City Resident
Charles Hightower June 2020 June 2023 City Resident
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January February March April

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S MT WT F S S MT WT F S S MT WT F S S MT WT F S
123456 123 1 12345
7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 6 7 8 9 10 11 12 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 1921 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 2628 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 31 30 31
September October November December

S MT WT F S S MT WT F S S MT WT F S S MT WT F S
12 1234567 1234 12
3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 1617 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 2324 25 26 27 28 29 30 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 Dark Fridays Holidays Furlough Staff Reports Due Council Meeting (15 days prior to mtg date)
Cancelled City Council Meeting LTFP & Budget Workshop Meeting 2023 Council Meeting Agenda Calendar
Joint Meeting
ATTACHMENT 2
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