San Clemente City Council
May 2, 2023

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
6:00 - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, May 2, 2023
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

1 City Council Regular Meeting Agenda May 2, 2023
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Executive Pastor Matt McGill, Pacific Coast Church San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. Employee Service Awards
Presentation by City Manager Hall recognizing Andy Flores, Andrew Vick, Ryan Peralta, Scott Pierce and Megan Jimenez as the 2023 Core Values Award Recipients and Andy Flores as the 2023 Employee of the Year, and recognizing Larry Isaac for 45 years of service to the City.

B. Presentation of Proclamation - Drowning Prevention Awareness Presentation of Proclamation to Orange County Fire Authority Division Chief Maule, setting apart April 9-15, 2023 as Drowning Prevention Awareness Season.

C. Army Corps of Engineers - Sand Replenishment
Presentation by Doland Cheung, Project Manager, Programs and Project Management Division, concerning the upcoming San Clemente Sand Nourishment Project.

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

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

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

5. Closed Session Report - City Attorney

2 City Council Regular Meeting Agenda May 2, 2023

6. Staff Communications

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

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF APRIL 18, 2023.
(2) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 24, 2023 (AB- 1234 TRAINING).
(3) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 24, 2023.

B. Commission/Committee Minutes
None.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2833 THROUGH 2834 AND WARRANT NOS.
587571 THROUGH 587723, PAID ON
4-14-23, IN THE AMOUNT OF $1,261,718.65
(2) APPROVE WIRE TRANSFER NOS.
2835 THROUGH 2840 AND WARRANT NOS.
587724 THROUGH 587883, PAID ON
4-21-23, IN THE AMOUNT OF $2,029,730.89
TOTAL WARRANT REGISTER $3,291,449.54
Payroll Register
WARRANT NO. 901, AUTOMATIC DEPOSIT
ADVISES 85176 THROUGH 85464,
FOR THE PERIOD 4-3-23 THROUGH
4-16-23, PAID ON 4-21-23, IN THE
AMOUNT OF $448,930.58
TOTAL PAYROLL REGISTER $448,930.58

3 City Council Regular Meeting Agenda May 2, 2023

D RATIFICATION OF EMERGENCY CONTRACT - REPLACEMENT OF

INDUSTRIAL DUTY DOOR AT WATER RECLAMATION PLANT
Staff Recommendation

1. Make a finding that an emergency existed due to the failure of the industrial duty rolling steel door and operator at the Water Reclamation Plant which required immediate action to protect public health and safety by maintaining permit compliance, that might have otherwise occurred if required to incur delays attributed to the typical engineering design and public competitive bidding process.

2. Declare that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.

3. Adopt Resolution No. 23-22 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RATIFYING

EMERGENCY CONSTRUCTION CONTRACT WITH VORTEX
INDUSTRIES, LLC. FOR REPLACEMENT OF INDUSTRIAL DOOR AND OPERATOR AT WATER RECLAMATION PLANT.

4. Approve, and authorize the City Manager to execute, Contract No. C23-19, by and between the City of San Clemente and Vortex Industries LLC., providing for replacement of industrial duty door at the Water Reclamation Plant, in an amount not to exceed $23,700.

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

A WEED ABATEMENT 2023 - ORDER TO ABATE NUISANCES BY HAVING

WEEDS, RUBBISH, AND REFUSE, REMOVED FROM VACANT AND

UNOCCUPIED, DEVELOPED PROPERTIES AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF

THE CEQA GUIDELINES
Public Hearing to consider all objections or protests, if any, to the proposed abatement of weeds, rubbish, refuse, and dirt upon the streets, sidewalks, parkways and private property within the City of San Clemente and a categorical exemption for the project under CEQA.

Staff Recommendation

4 City Council Regular Meeting Agenda May 2, 2023
Adopt Resolution No. 23-23 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ORDERING THE

DIRECTOR OF COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES

BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED FROM

VACANT PROPERTIES AND UNOCCUPIED, DEVELOPED PROPERTIES

WITHIN THE CITY, NOTIFYING THE STATE, COUNTY, OR ANY OTHER

PUBLIC AGENCY AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR § 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8: ACTIONS BY

REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT,
AND 15321, CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY
AGENCIES).

B. CODE AMENDMENT - LOCAL VENDOR PREFERENCE
Public Hearing concerning consideration of adopting a Local Vendor Preference Ordinance, which would establish a local vendor preference of seven percent for professional and other contractual services.

Staff Recommendation
Introduce Ordinance No. 1750 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING AND REPLACING SAN CLEMENTE MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.40, SECTION 3.40.030 RELATING TO A LOCAL VENDOR PREFERENCE.

C. RICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG PARK

MASTER PLAN UPDATE, CERTIFICATION OF INITIAL STUDY AND

ADOPTION OF MITIGATED NEGATIVE DECLARATION AND MITIGATION,

MONITORING AND REPORTING PROGRAM FOR THE PROJECT
Public Hearing to consider the adoption of a site-specific master plan update to Richard T. Steed Memorial Park, certification of the Initial Study and adoption of a Mitigated Negative Declaration, Monitoring and Reporting Program.

Staff and the Beaches, Parks and Recreation Commission Recommendation

1. Approve the update to the Richard T. Steed Memorial Park Master Plan with the modification that lights be considered at the pickleball courts in future development.

Staff Recommendation

1. Adopt Resolution No. 23-24 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, CERTIFYING

5 City Council Regular Meeting Agenda May 2, 2023

AN INITIAL STUDY, ADOPTING A MITIGATED NEGATIVE DECLARATION

AND ADOPTING A MITIGATION, MONITORING AND REPORTING
PROGRAM FOR THE THE RICHARD T. STEED MEMORIAL
PARK/BARON VON WILLARD DOG PARK MASTER PLAN UPDATE.

2. Adopt Resolution No. 23-25 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE RICHARD T. STEED MEMORIAL PARK MASTER PLAN, MAKING A

FINDING OF COMPLIANCE WITH THE SAN CLEMENTE CENTENNIAL
GENERAL PLAN AND AMENDING RESOLUTION NO. 03-32.

9. Unfinished Business
A. APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL

CONSULTANT SERVICES AGREEMENT WITH PRECISION CIVIL
ENGINEERING, INC. FOR THE HOUSING ELEMENT REZONING PROGRAM Staff Recommendation

1. Adopt Resolution No. 23-26 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO PREPARE AND EXECUTE THE

FIRST AMENDMENT TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT BETWEEN PRECISION CIVIL ENGINEERING, INC. AND

THE CITY OF SAN CLEMENTE FOR PLANNING CONSULTING SERVICES TO IMPLEMENT THE HOUSING ELEMENT REZONING PROGRAM.

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1099, by and between the City of San Clemente and Precision Civil Engineering, Inc., providing for the Housing Element Rezoning Program. This amendment increases the contract amount from $50,000 to an amount not to exceed $104,000 (an increase of $54,000).

10. New Business
A. CONSIDERATION OF PARK LEASE AGREEMENT FOR MINI GOLF

FACILITY - VISTA HERMOSA SPORTS PARK LEASE LAND
Staff Recommendation
Adopt Resolution No. 23-27 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING

EXCLUSIVE NEGOTIATIONS WITH SALTY TURF LLC FOR THE
DEVELOPMENT AND LEASE OF CITY PROPERTY AT 987 AVENIDA VISTA HERMOSA.

6 City Council Regular Meeting Agenda May 2, 2023
B. CONSIDERATION OF WASTEWATER (SEWER) UTILITY COST OF SERVICE

STUDY AND SCHEDULING OF A PUBLIC HEARING ON SEWER RATES Staff Recommendation

1. Direct staff to revise and finalize the Cost of Service Study utilizing option 2, and approve the final study as so revised for public review.

2. Direct staff to proceed with the Public Hearing Notice (Proposition 218 Notice) and scheduling of such hearing.

3. Adopt Resolution No. 23-28 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DIRECTING

CITY STAFF TO SEND A NOTICE OF PUBLIC HEARING PURSUANT TO PROPOSITION 218 AND SCHEDULING A PUBLIC HEARING ON SEWER RATES.

C. UPDATE ON COASTAL ADMINISTRATOR POSITION
(Agendized at the April 4, 2023 City Council meeting by Councilmember Cabral, with the support of Council.)
Staff Recommendation

1. Further direct the City Manager to complete the creation of the job description for the Coastal Administrator position and begin the recruitment process to allow the new employee to be hired shortly after adoption of the Municipal Budget.

2. Receive and file the Administrative Report dated May 2, 2023 and on file with the City Clerk.

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

12. Future Agenda Items

7 City Council Regular Meeting Agenda May 2, 2023

13. Reports
A. Commissions and Committees
(1) RESIGNATION OF ANGELINE JOHNSON FROM THE HUMAN

AFFAIRS COMMITTEE
Staff Recommendation

1. Accept the resignation of Angeline Johnson from the Human Affairs Committee, with regret.

2. Provide direction to Staff to solicit applications to fill the remainder of Ms. Johnson’s term (June 2024).

B. Council Subcommittee Updates
C. Council Members
D. City Attorney
E. City Manager

14. Adjournment
The next Regular Council Meeting is scheduled to take place on May 16, 2023. Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

Items to be Considered at a Future Meeting
May 16, 2023: Commercial Vehicle Parking

8 City Council Regular Meeting Agenda May 2, 2023

CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

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

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

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

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

9 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: (1)
Subject:

APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF APRIL 18, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 4/25/2023
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CITY OF SAN CLEMENTE
Tuesday, April 18, 2023 5:00 PM
City Council
Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
5:00 - Closed Session
6:00 - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on April 18, 2023 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, James, Knoblock and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Concerned resident, San Clemente, narrated a video concerning the impact of pickleball in the San Gorgonio Park neighborhood.

Amanda Q narrated a PowerPoint presentation concerning the Notice of Availability for Richard T. Steed Memorial Park California Environmental Quality Act comment period. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to recess to Closed Session at 5:06 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
AUTHORITY: GOVERNMENT CODE SECTION 54956.9(a), (d)(1)
Number of Cases: 2
CASE NAME: Laura Ferguson v. City of San Clemente, et al.

Orange County Superior Court Case No. 30-2021-01221022-CU-WM-CJC CASE NAME: American Medical Response West v. Cal. Dept. of Health Care Services, et al.

Sacramento County Superior Court Case No. 34-2021-80003757

11 City Council Regular Meeting Minutes April 18, 2023
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION AUTHORITY: GOVERNMENT CODE SECTION 54956.9(a), (d)(2)
Number of Cases: 2
US Navy CERCLA claim - arising out of operation of a skeet shooting range and alleged lead contamination on federal property.

Pickleball Court Nuisance Claim - claims of private and public nuisance, failure to notice, CEQA violation and injunction arising out of pickleball courts at San Gorgonio Park.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Council concluded Closed Session at 5:37 p.m.

BUSINESS MEETING
The Business Meeting began at 6:00 p.m. with all Councilmembers present.

INVOCATION
Pastor Mike Fanning, Heritage Christian Fellowship, gave the invocation.

PLEDGE OF ALLEGIANCE
Rick Divel led the Pledge of Allegiance.

1. Special Presentations
A. Presentation of Commendation - San Clemente Historical Society 50th Anniversary
Mayor Duncan presented a commendation to Larry Culbertson and Katie Potts, San Clemente Historical Society, City Matriarch Lois Divel and City Patriarch Rick Divel, in honor of the Historical Society’s 50th Anniversary.

B. Presentation of Proclamation - San Clemente Elks Lodge - Youth Week Mayor Duncan presented San Clemente Elks Lodge representatives Beth Apodaca and Michael Turner, with a Proclamation, proclaiming May 1-7, 2023 as Youth Week.

C. March Update on the Homeless Issue
Deputy Community Development Director Atamian narrated a PowerPoint presentation entitled "Community Outreach & Engagement Monthly Report - March 2023" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

12 City Council Regular Meeting Minutes April 18, 2023
Following discussion, Council requested future Community Outreach and Engagement monthly reports include the number of individuals placed in housing that return to being homeless and the number of individuals placed in housing that are no longer under case management by the City.

Nancy McIntyre, San Clemente, urged Council to work with organizations for permanent supportive housing and affordable housing in San Clemente.

Stuart Anderson, San Clemente, encouraged Council to pursue additional options such as shelters or alternative sleeping locations within San Clemente to address homelessness.

Jacky Trani, San Clemente, opined on the need for supportive housing and safe parking sites with mental health assistance for the homeless.

Lucia Bonnaud, San Clemente, urged leadership from Council to provide compassionate care and assistance for the homeless.

Denise Fleury, San Clemente, opined that San Clemente needs a comprehensive plan to provide housing and support services for the homeless.

Kathy Esfahani, San Clemente Housing Coalition, opined on solutions for homelessness and the need for additional resources for south Orange County.

Donna Vidrine, San Clemente, encouraged the City to come together and work towards a solution for a coordinated comprehensive plan concerning homelessness.

Maura Mikulec shared statistics regarding homelessness and housing in Orange County.

Shelley Moore commented on the homeless in San Clemente and liability to the City.

Michelle Brooks opined that the City needs assistance from the County and State to address homelessness; suggested Council needs to hear from all residents regarding the homeless.

Jill Watson spoke on arrest reports and crimes committed in San Clemente; opined that many homeless individuals are from out of area.

Sara Martin opined that the homeless and service resistant individuals need to be addressed; expressed safety concerns with activities at the beaches in San Clemente.

Cord Bauer, San Clemente, opined that the City is understaffed when it comes to sheriff deputies; voiced concern with the negative impacts to City staff and residents as a result of feeding the homeless.

13 City Council Regular Meeting Minutes April 18, 2023
Reorganization of Agenda
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to move agenda item 9A - City Council Consideration and Direction on the North Beach Placemaking Plan before the Consent Calendar. For a summary of action please see page 11 of these minutes.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Council agreed to consider item 9D - Consideration of Adopting a Resolution in Opposition to California Assembly Bill (AB) 1078 ahead of the Consent Calendar. For a summary of action please see page 14 of these minutes.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

2. Oral Communications (Part 1)
Concerned resident, San Clemente, spoke concerning the Richard T. Steed Memorial Park California Environmental Quality Act (CEQA); suggested that Council and the Beaches, Parks and Recreation Commission were not aware of the comment period.

Jim Gilbert, San Clemente, commented on the status of the expansion of skate facilities at San Gorgonio Park and Richard T. Steed Memorial Park.

Rey Harju, San Clemente, narrated a PowerPoint presentation regarding safety concerns occurring at North Beach. A hard copy of the presentation is on file with the City Clerk.

Christopher Butler, San Clemente, commented on safety concerns related to homeless individuals in North Beach; spoke in support of private security.

Susan Ambrose, San Clemente, commented on the reopening of the railway in San Clemente; opined that the City should utilize federal infrastructure funds to address erosion concerns.

Judy Jones, San Clemente, recognized the City on the efforts to become Tree City USA certified; urged Council to update the Climate Action Plan.

Mikii Rathmann, San Clemente, spoke on the downtown businesses, noted the positive impact of the green line trolley and train service have on businesses.

Lois McNicoll opined that the San Clemente Police Services has call priorities; urged Council to vote for a private security company.

Charles Bolt, San Clemente, commented on the need for a miniature golf course

14 City Council Regular Meeting Minutes April 18, 2023
in San Clemente.

Jill Watson, San Clemente, urged Council to hire a private security firm.

Joan Luke, San Clemente, spoke on community safety concerns and metrics on safety.

Dennis Grimes, San Clemente, spoke on the homeless in San Clemente and mental health concerns.

3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

4. Consideration of agendizing items requiring immediate action Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to receive information concerning the slope failure at Casa Romantica. This was agendized based on the need to take immediate action and the fact that the need for action arose subsequent to the agenda being posted, and action needed to be taken prior to the next Regular Council Meeting.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Casa Romantica Slope Failure
Public Works Director/City Engineer Koger provided an update to Council concerning the slope failure at Casa Romantica and the efforts the City is undertaking to mitigate the damage and make necessary repairs.

Concerned resident read a statement on behalf of Casa Romantica regarding the slope failure and impacts to daily operations.

5. Closed Session Report - City Attorney
City Attorney Mitchell announced that the following action was taken in Closed Session:

Council gave direction; no reportable action concerning:

CASE NAME: Laura Ferguson v. City of San Clemente, et al.

Orange County Superior Court Case No. 30-2021-01221022-CU-WM-CJC Council gave direction; no reportable action concerning:

15 City Council Regular Meeting Minutes April 18, 2023
CASE NAME: American Medical Response West v. Cal. Dept. of Health Care Services, et al.

Sacramento County Superior Court Case No. 34-2021-80003757 Council gave direction; no reportable action concerning:

US Navy CERCLA claim - arising out of operation of a skeet shooting range and alleged lead contamination on federal property.

Council gave direction; no reportable action concerning:

Pickleball Court Nuisance Claim - claims of private and public nuisance, failure to notice, CEQA violation and injunction arising out of pickleball courts at San Gorgonio Park.

6. Consent Calendar
Items 6D and 6H were removed from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF APRIL 4, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to receive and file:
(1) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF MARCH 15, 2023.
(2) PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 22, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

16 City Council Regular Meeting Minutes April 18, 2023
C. Warrant Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2818 THROUGH 2823 AND WARRANT NOS.
587154 THROUGH 587285, PAID ON
3-24-23, IN THE AMOUNT OF $1,307,757.39
(2) APPROVE WIRE TRANSFER NOS.
2824 THROUGH 2825 AND WARRANT NOS.
587286 THROUGH 587413, PAID ON
3-31-23, IN THE AMOUNT OF $1,165,743.86
(3) APPROVE WIRE TRANSFER NOS.
2826 THROUGH 2832 AND WARRANT NOS.
587414 THROUGH 587570, PAID ON
4-7-23, IN THE AMOUNT OF $3,068,362.11
TOTAL WARRANT REGISTER $5,541,863.36
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Payroll Register
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:
$442,144.22
APPROVE WARRANT NO. 900, AUTOMATIC
DEPOSIT ADVISES 84611 THROUGH 84886,
FOR THE PERIOD 3-6-23 THROUGH 3-19-23,
PAID ON 3-24-23, IN THE AMOUNT OF

APPROVE AUTOMATIC DEPOSIT ADVISES
84887 THROUGH 85175, FOR THE PERIOD
$461,618.92
3-20-23 THROUGH 4-2-23, PAID ON 4-7-23,

IN THE AMOUNT OF
TOTAL PAYROLL REGISTER $903,763.14
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

17 City Council Regular Meeting Minutes April 18, 2023
E. GRANT FUNDING APPLICATION - CERTIFIED LOCAL GOVERNMENT GRANT TO UPDATE THE 2006 HISTORIC RESOURCES SURVEY
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to Adopt Resolution No. 23-18 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA

OFFICE OF HISTORIC PRESERVATION FOR A CERTIFIED LOCAL
GOVERNMENT GRANT TO UPDATE THE 2006 HISTORIC RESOURCES

SURVEY BY CONDUCTING A FIELD SURVEY OF PREVIOUSLY IDENTIFIED

HISTORIC PROPERTIES AND UPDATING THEIR ASSOCIATED
DEPARTMENT OF PARKS AND RECREATION (DPR) FORMS.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
F. GROUND EMERGENCY MEDICAL TRANSPORTATION PROGRAM

PARTICIPATION
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to approve, and authorize the City Manager to initiate participation in the Public Providers Ground Emergency Medical Transport Intergovernmental Transfer Program.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. FINAL PARCEL MAP 2020-121, 411 AVENIDA VICTORIA, DUPLEX

CONDOMINIUM SUBDIVISION
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Accept on behalf of the City of San Clemente, the water rights as dedicated.

2. Approve the Final Parcel Map 2020-121 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

3. Authorize, and direct the Public Works Director/City Engineer to execute the Final Parcel Map.

4. Authorize, and direct the City Clerk to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

18 City Council Regular Meeting Minutes April 18, 2023
I. RESCIND WATER SHORTAGE LEVEL 2 WATER ALERT, RESOLUTION NO. 22-27
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to adopt Resolution No. 23-20 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
RESCINDING WATER SHORTAGE LEVEL 2 WATER ALERT, RESOLUTION NO. 22-27.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
J. APPROVAL OF TRABUCO CANYON WATER DISTRICT (TCWD)

WITHDRAWAL AND CONTINUED SERVICES AGREEMENT WITH SOUTH

ORANGE COUNTY WASTEWATER AUTHORITY (SOCWA)
Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Approve, and authorize the Utilities Director to execute, Contract No. C23-17, A Continued Services Agreement, by and between the City of San Clemente and South Orange County Wastewater Authority, authorizing the Trabuco Canyon Water District withdrawl and the Continued Services Agreement with South Orange County Wastewater Authority.

2. Adopt Resolution No. 23-21 entitled 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.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

19 City Council Regular Meeting Minutes April 18, 2023

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
D. CONTRACT AMENDMENT - HOUSING ELEMENT REZONING PROGRAM Senior Planner Toma reviewed the contents of the Administrative Report and responded to Council inquiries.

Lois McNicoll noted she had questions concerning the contract; but did not address her concerns with Council because the item was continued.

Motion by Mayor Pro Tem Knoblock, second by Councilmember James, CARRIED 5-0, to continue this item to the May 2, 2023 Regular City Council meeting.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Meeting Extended Past 11 p.m.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to extend the meeting to 11:25 p.m.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
H. GRANT FUNDING APPLICATION AND 20% MATCH FOR THE PICO AND

SAN CLEMENTE OUTLETS CORRIDOR RUNOFF TREATMENT
Utilities Director Rebensdorf reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0, to adopt Resolution No. 23-19 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING

AN APPLICATION FOR FUNDS FOR THE ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR THE PICO AND SAN CLEMENTE OUTLETS
CORRIDOR RUNOFF TREATMENT PROJECT.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

7. Public Hearings
None.

8. Unfinished Business
None.

20 City Council Regular Meeting Minutes April 18, 2023

9. New Business
A. CITY COUNCIL CONSIDERATION AND DIRECTION ON THE NORTH BEACH

PLACEMAKING PLAN
This item was considered earlier in the meeting please reference page 4 for a summary of action.

City Manager Hall narrated a PowerPoint presentation entitled "North Beach Placemaking Plan" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Louis Boulgaridies, San Clemente, expressed concerns regarding Gatekeepers Security lack of details in their proposal.

Susan Hennebry, San Clemente, spoke in support of hiring a private security firm.

Christopher Butler, San Clemente, spoke in support of hiring a private security firm; opined that the City should utilize a bond or measure to increase revenue/funding for addressing safety concerns.

AQ expressed concerns regarding individuals living in recreational vehicles; opined that immediate action needs to be taken regarding private security.

Kathy Esfahani, Chair, San Clemente Housing Coalition, encouraged sand replenishment and other improvements at North Beach; urged Council to not selectively enforce against homeless individuals; opined the City should invest in supportive housing.

Rona Henry, Welcoming Neighbors Home, expressed concerns regarding private security; spoke on the need for a comprehensive housing plan for the homeless.

Lois McNicoll, spoke in support of the North Beach Placemaking Plan; opined the City needs to contract for 24/7 private security.

Donna Vidrine, San Clemente, supports the North Beach Placemaking Plan.

Meeting Recessed
Council recessed the meeting at 9:00 p.m., and reconvened at 9:06 p.m. with all Councilmembers present.

George Gregory, San Clemente, opined that additional amenities and programs should be installed at North Beach.

Tawni Burns, San Clemente, spoke in support of the North Beach Placemaking Plan; opined that Gatekeepers Security presentation raised questions.

21 City Council Regular Meeting Minutes April 18, 2023
Judy Jones, San Clemente, spoke in support of the North Beach Placemaking Plan; supports permanent supportive housing.

Suzanne Ruiz opined that beach hours should be sunrise to sunset; spoke in support of hiring additional deputies.

Jill Watson, San Clemente, spoke in support of the North Beach Placemaking Plan; expressed concerns regarding conditions at North Beach.

Rey Harju spoke in support on the North Beach Placemaking Plan; provided additional suggestions for North Beach.

Shelley Moore spoke in support of the North Beach Placemaking Plan with the exception of the proposed reduced business license fee.

Michelle Brooks spoke in support of a contract for private security; opined all beaches should be closed at 10 p.m.

Jennifer Elliott, San Clemente, spoke in support of the North Beach Placemaking Plan; opined that a request for proposal should be issued for private security services.

Ryan Gunn spoke in support of the North Beach Placemaking Plan; urged Council to take action regarding public safety and uniting the community.

Susan Ambrose, San Clemente, spoke in support of the North Beach Placemaking Plan; opined that the City needs to issue a request for proposal for private security.

Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0, to appoint Councilmember Cabral and Mayor Pro Tem Knoblock to a Private Security Subcommittee to evaluate/interview potential security firms to determine the best fit for the City. The subcommittee is to return to Council at the May 2, 2023 City Council meeting with the recommended firm to engage in a 3 month contract up to $100,000 per month. The selected security firm is to have a hold harmless agreement, name the City as an additional insured, and evaluate the training materials. Subcommittee will analyze the best practices and comprehensive solution for security to include evaluating the utilization of additional deputy's, park rangers, code enforcement officers, etc.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

22 City Council Regular Meeting Minutes April 18, 2023
Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to direct staff to prepare an ordinance and work towards changing beach hours to be closed from 10:00 p.m. to 4:00 a.m.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
City Manager Hall to identify revenue amounts from 24 Carrots relating to the operation of Ole Hanson Beach Club and evaluate options to allow residents more access to the Ole Hanson Beach Club.

City Manager Hall to research the 7-Eleven at North Beach to potentially lease or purchase the property to the City.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to receive and file the Administrative Report dated April 18, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

B CONSIDERATION OF CITY COUNCIL MEETING SCHEDULE
MODIFICATIONS FOR THE REMAINDER OF 2023
Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

1. To reschedule the Regular City Council meeting of September 19, 2023 to September 14, 2023.

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

3. To reschedule the Regular City Council meeting of December 19, 2023 to December 14, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

23 City Council Regular Meeting Minutes April 18, 2023
C. PUBLIC SAFETY COMMITTEE REPORT REGARDING ENHANCED
FEATURES FOR 911 DISPATCH CENTER
Deputy Community Development Director Atamian and Public Safety Committee Vice Chair Hightower reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Cabral, second by Councilmember James, CARRIED 5-0, to receive and file the Administrative Report dated April 18, 2023, and on file with the City Clerk.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
D. CONSIDERATION OF ADOPTING A RESOLUTION IN OPPOSITION TO CALIFORNIA ASSEMBLY BILL (AB) 1078
This item was considered earlier in the meeting please reference page 4 for a summary of action.

Lisa, San Clemente, spoke in support of Resolution 23-17.

Lynne Muslin, San Clemente, spoke in support of Resolution 23-17.

Michelle Morgan spoke in support of Resolution 23-17.

Patricia Freitag spoke in support of Resolution 23-17.

Trudy Podobas, San Clemente, opined that Resolution 23-17 is not City business; Council should not interfere with school board matters.

Gerald Hegger, spoke in support of Resolution 23-17.

Judy Jones spoke in opposition to Resolution 23-17.

AQ spoke in support of Resolution 23-17.

Daniel spoke in support of Resolution 23-17.

Donna Vidrine commented that public speakers need to be shown respect by the audience and Councilmembers.

Motion by Councilmember Cabral, second by Councilmember James to end Council comments.

This motion was withdrawn by Councilmember Cabral.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 3-2 (Councilmember Enmeier and Mayor Duncan voting NOE), to

24 City Council Regular Meeting Minutes April 18, 2023
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).

AYE: Cabral, James and Knoblock
NOE: Enmeier and Mayor Duncan
E. CONSIDERATION OF RESOLUTION 23-16 TO REPEAL IN FULL AND REPLACE WITH A NEW CITY COUNCIL POLICY AND PROCEDURE 1201-8

LEGISLATIVE BODY REIMBURSEMENT
City Manager Hall reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember James to have Mayor Duncan reimburse the City of San Clemente $4,600 for the costs incurred for the Mayors trip to Washington D.C. to attend the Mayor's Conference. Motion died for lack of a second.

Motion by Councilmember Enmeier, second by Mayor Duncan, CARRIED 5-0, to adopt Resolution No. 23-16 entitled 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.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Motion by Councilmember James, second by Mayor Duncan, to reconsider the item.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
Amanda Q narrated a PowerPoint presentation "Duncan's DC Trip". A hard copy of the presentation is on file with the City Clerk.

Tony Rubolino opined that Mayor Duncan's trip to Washington D.C. is related to his run for assembly; urged Council to have Mayor Duncan reimburse the City for the cost of the trip.

Motion by Councilmember Enmeier, second by Mayor Duncan, CARRIED 5-0, to adopt Resolution No. 23-16 entitled 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.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan

NOE: None
25 City Council Regular Meeting Minutes April 18, 2023
Council requested that Mayor Duncan provide the emails that were referenced in the presentation by Amanda Q.

Meeting Extended Past 11:00 p.m.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to extend the meeting to 11:35 p.m.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

10. Oral Communications (Part 2)
None.

11. Future Agenda Items
Council agendized an update on Casa Romantica and Buena Vista landslides for the May 2, 2023 City Council meeting.

12. Reports
A. Commissions and Committees
(1) SCHEDULING OF MEETINGS TO INTERVIEW AND APPOINT INDIVIDUALS

TO SERVE ON VARIOUS CITY COMMISSIONS AND COMMITTEES
Council took the following action:

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 dates on June 5, 2023 and June 6, 2023 from 2:00 - 4:00 p.m. to interview and appoint individuals to fill the upcoming vacancies.

B. Council Subcommittee Updates
Councilmember Enmeier announced that the Homeless Subcommittee will be holding a roundtable meeting on Thursday, April 20, 2023.

26 City Council Regular Meeting Minutes April 18, 2023
Meeting Extended Past 11:00 p.m.

Motion by Councilmember James, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to continue the meeting to 11:45 p.m.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. Council Members
Sand Nourishment
Mayor Pro Tem Knoblock displayed a photograph of Trestles taken in the 1970's relating to sand replenishment.

Pet Project Foundation Ribbon Cutting
Councilmember James announced that the Pet Project Foundation will be having a ribbon cutting on Friday, April 21, 2023 at 11:30 a.m. at the Animal Shelter.

Supportive Housing in San Clemente
Councilmember James announced that Supervisor Foley wants to utilize a hotel in San Clemente to provide supportive housing.

League of California Cities
Mayor Duncan reported that cities and collaboratives have been requesting monies directly from the state concerning crime prevention and public safety concerns/needs.

D. City Attorney
None.

E. City Manager
None.

13. Adjournment
Motion by Councilmember James, second by Councilmember Cabral, CARRIED 5-0, to adjourn at 11:45 p.m.. The next Regular Meeting will be held on May 2, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

27 City Council Regular Meeting Minutes April 18, 2023
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

28 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: (2)
Subject:

APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 24, 2023 (AB- 1234 TRAINING).

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 4/25/2023
powered by Legistar™ 29
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Monday, April 24, 2023 3:00 PM
City Council
Special Meeting Minutes
3:00 - AB 1234 Training Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special Meeting of the San Clemente City Council was called to order by City Clerk Campagnolo on April 24, 2023 at 3:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

CITY COUNCIL

MEMBERS PRESENT

KNOBLOCK
PLANNING COMMISSION CAMP, McCAUGHAN, McKANN, PRESCOTT-LOEFFLER

MEMBERS PRESENT

GOLF COURSE NONE

COMMITTEE MEMBERS

PRESENT

BEACHES, PARKS AND AMBROSE, CAMPOPIANO, FEURSTEIN,FOREMASTER,

RECREATION COMMISSION ROUSSEAU

MEMBERS PRESENT

HUMAN AFFAIRS COMMITTEE ANDERSON, JOHNSON, WASHINGTON

MEMBERS PRESENT

PUBLIC SAFETY COMMITTEE BERKUTA, HIGHTOWER

MEMBERS PRESENT

INVESTMENT ADVISORY CARTER

COMMITTEE MEMBERS

PRESENT

STAFF PRESENT ATAMIAN, CAMPAGNOLO, HALL

30 City Council Special Meeting Minutes April 24, 2023
AB 1234 Ethics Training

1. AB 1234 BIANNUAL ETHICS TRAINING FOR ELECTED OFFICIALS City Attorney Mitchell narrated a PowerPoint presentation entitled "AB 1234 Ethics Training". A hard copy of the presentation is on file with the City Clerk.

2. Adjournment
City Attorney Mitchell adjourned the meeting at 5:02 p.m. The next Regular City Council Meeting will be held on May 2, 2023. Closed Session will begin at 5:00 p.m. The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

31 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: (3)
Subject:

APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF APRIL 24, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 4/25/2023
powered by Legistar™ 32
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Monday, April 24, 2023 5:00 PM
City Council
Special Meeting Minutes
5:00- Closed Session
5:15 - Special Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special Meeting of the San Clemente City Council was called to order by Mayor Pro Tem Knoblock on April 24, 2023 at 5:06 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier and Knoblock
ABSENT: James and Mayor Duncan
STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Concerned resident requested transparency when it comes to describing anticipated litigation items on the agenda.

Brad requested that anticipated litigation agenda items be listed by name.

Council announced that they would not meet in Closed Session.

Meeting Recessed
The meeting was recessed at 5:09 p.m. and was reconvened at 5:15 p.m. with all Councilmembers present with the exception of Councilmember James and Mayor Duncan, who were absent.

SPECIAL BUSINESS MEETING

PLEDGE OF ALLEGIANCE
Councilmember Enmeier led the Pledge of Allegiance.

33 City Council Special Meeting Minutes April 24, 2023

1. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 3-0 (Councilmember James and Mayor Duncan absent), to waive reading in full of all Resolutions and Ordinances.

AYE: Cabral, Enmeier and Knoblock
NOE: None
ABSENT: James and Mayor Duncan

2. APPROVAL OF AN EMERGENCY PROFESSIONAL SERVICES AGREEMENT WITH LGC GEOTECHNICAL, INC. FOR THE PRELIMINARY GEOTECHNICAL

LANDSLIDE EVALUATION AT CASA ROMANTICA AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 6 (INFORMATION COLLECTION, 14 CCR § 15306) OF THE CEQA GUIDELINES
Public Works Director/City Engineer Koger narrated a PowerPoint presentation concerning the landslide at Casa Romantica and responded to Council inquiries.

A hard copy of the presentation is on file with the City Clerk.

Concerned resident spoke on California Environmental Quality Act (CEQA) exemption for this project as it relates to CEQA for pickleball at San Gorgonio Park.

Charles Hightower spoke on the City's ordinance concerning site stability requirements and potential impediments for residents attempting to fix land movement on their properties.

Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 3-0 (Councilmember James and Mayor Duncan absent), to:

1. Determine that this project is categorically exempt from CEQA under Class 6 (Information Collection, 14 CCR section 15306) of the State CEQA Guidelines.

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

3. Declare that the public interest and necessity demand the immediate expenditure of public funds to safeguard public health.

4. Approve, and authorize the City Manager to execute, Contract No. 23-18, by and between the City of San Clemente and LGC Geotechnical, Inc., providing for preliminary geotechnical landslide evaluation at Casa Romantica, in an amount

34 City Council Special Meeting Minutes April 24, 2023
not to exceed $75,000.

AYE: Cabral, Enmeier and Knoblock
NOE: None
ABSENT: James and Mayor Duncan
Council agreed to add Oral Communications to the agenda.

Oral Communications
AQ narrated a PowerPoint presentation entitled "Farewell Council Member Gene James". A hard copy of the presentation is on file with the City Clerk.

3. Future Agenda Items
None.

4. Adjournment
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 3-0(Councilmember James and Mayor Duncan absent), to adjourn at 5:40 p.m. The next Regular Meeting will be held on May 2, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m.

The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

35 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: (1)
Subject:

Approve Wire Transfer Nos.
2833 through 2834 and Warrant Nos.
587571 through 587723, paid on
4-14-23, in the amount of $1,261,718.65
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 4/24/2023
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45 46

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: (2)
Subject:

Approve Wire Transfer Nos.
2835 through 2840 and Warrant Nos.
587724 through 587883, paid on
4-21-23, in the amount of $2,029,730.89
TOTAL WARRANT REGISTER $3,291,449.54
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 4/24/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item:
..agendizedby
Subject:

Warrant No. 901, Automatic Deposit
Advises 85176 through 85464,
for the period 4-3-23 through
4-16-23, paid on 4-21-23, in the
amount of $448,930.58
TOTAL PAYROLL REGISTER $448,930.58
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/2/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: D
Department: Utilities
Prepared By David Rebensdorf, Utilities Director
Subject:

RATIFICATION OF EMERGENCY CONSTRUCTION CONTRACT WITH VORTEX INDUSTRIES,

LLC FOR REPLACEMENT OF INDUSTRIAL DUTY DOOR AT WATER RECLAMATION PLANT Summary:

Failure of the industrial duty rolling steel door and operator at the Water Reclamation Plant (WRP) Solids Handling Building limits the storage and removal of biosolids (dewatered digested sludge) and required immediate emergency replacement which has been completed. To expedite the process for replacement of the door and to ensure uninterrupted operation and continued permit compliance, staff obtained an informal quote for the replacement of the door from a contractor that had recently replaced doors within the WRP and the City Manager approved an emergency contract for the replacement within his authority. Staff recommends the City Council ratify the Emergency Construction Contract approved by the City Manager with Vortex Industries, LLC for the replacement of an industrial duty rolling steel door and operator at the WRP.

Background:

As a result of the wastewater treatment process, dewatered biosolids are produced and then hauled away by Synagro commercial trucks to their fertilizer facility for beneficial reuse as compost. The biosolids truck-loading bay has two roll-up doors that allow trucks to enter and load biosolids into trailers, and one of the roll-up doors failed and could not be opened. Replacement was critical to continue uninterrupted removal of dewatered biosolids and to maintain permit compliance. The door failure impacted the sludge wasting operations process at the WRP as trucks require access to both of the loading bays for effective trailer loading. Partial loading of the trailers results in higher solids disposal costs and no redundancy in the operation process.

Utilities staff contacted Vortex Industries LLC, a contractor that has an excellent service history with door replacements for the City, and received a quote for the door and operator replacement for an amount not to exceed $23,700 and entered into a construction contract approved by the City Manager. The City Manager has the authority to approve emergency contracts and purchases when there is a need to protect public health and safety per Section 3.40.070 of the City of San Clemente Municipal Code.

Council Options:
· Ratify the Emergency Construction Contract with Vortex Industries, LLC. · Continue the Item and direct staff to provide additional information. · Deny the request to ratify the Emergency Construction Contract with Vortex Industries, LLC.

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Meeting Date: 5/2/2023 Agenda Item: D
Fiscal Impact:

Yes. There is available funding in the Sewer Operating Budget within Account No. 054-472-43450 for the $23,700 expenditure.

Environmental Review/Analysis:

Utilities staff filed a notice of exemption under the California Environmental Quality Act (CEQA) for the replacement door on April 24, 2023.

Recommended Actions:

Staff Recommendation
Staff Recommends that the City Council:

1. Make a finding that an emergency existed due to the failure of the industrial duty rolling steel door and operator at the WRP that required immediate action to protect public health and safety and maintain permit compliance, which might not have been possible to maintain if delays attributable to the typical engineering design and public competitive bidding process had been incurred;

2. Declare that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health;

3. Adopt Resolution No. 23-22 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA RATIFYING EMERGENCY CONSTRUCTION CONTRACT

WITH VORTEX INDUSTRIES, LLC FOR REPLACEMENT OF INDUSTRIAL DOOR AND OPERATOR AT WATER RECLAMATION PLANT”; and

4. Ratify a Construction Contract with Vortex Industries, LLC for an amount not to exceed $23,700 for replacement of an industrial duty rolling steel door and operator at the WRP.

Attachment:

1. Construction Contract with Vortex Industries, LLC for replacement of an industrial duty rolling steel door and operator at the WRP.

2. Resolution No. 23-22 Ratifying Emergency Construction Contract with Vortex Industries, LLC For Replacement of Industrial Door and Operator at Water Reclamation Plant.

3. CEQA Notice of Exemption Form D.

Notification:

None.

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55452.01510\32977834.2
1 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

REPLACEMENT OF INDUSTRIAL DUTY DOOR AND OPERATOR AT SOLIDS HANDLING

BUILDING AT WATER RECLAMATION PLANT

1. PARTIES AND DATE.

This Contract is made and entered into this _________ day of _______________, 2023 by and between the City of San Clemente, a public agency of the State of California (“City”) and VORTEX INDUSTRIES, LLC., a LIMITED LIABILITY CORPORATION with its principal place of business at 20 ODYSSEY, IRVINE, CA 92618 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

2.1 City. City is a public agency organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing DOOR REPLACEMENT related construction services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. The following license classifications are required for this Project: D28 - DOORS, GATES AND ACTIVATING DEVICES.

2.3 Project. City desires to engage Contractor to render such services for the

INDUSTRIAL DUTY DOOR AND OPERATOR AT SOLIDS HANDLING BUILDING AT WATER RECLAMATION PLANT (“Project”) as set forth in this Contract.

2.4 Project Documents & Certifications. Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
 Services/Schedule (Exhibit “A”)
 Plans and Specifications (Exhibit “B”)
 Special Conditions (Exhibit “C”)
 Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”)  Public Works Contractor Registration Certification (Exhibit “E”)  Payment and Performance Bonds (Exhibit “F”)
 Federal Requirements (Exhibit “G”)
 Insurance Requirements (Exhibit “H)
Attachment 1
63 55452.01510\32977834.2
2  Addenda
 Change Orders executed by the City
 2021 Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
 Notice Inviting Bids, if any
 Instructions to Bidders, if any
 Contractor’s Bid

3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.

3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.

3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article.

The burden of proof as to the equality of any material, process or article shall rest with Contractor. 64 55452.01510\32977834.2
3 The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within 10 WORKING DAYS days, BEGINNING ON APRIL 24, 2023 (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

3.3.2 Force Majeure. Neither City nor Contractor shall be considered in default of this Contract for delays in performance caused by circumstances beyond the reasonable control of the non-performing party. For purposes of this Contract, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; pandemics or epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Contract. Contractor’s exclusive remedy in the event of delay covered under this section shall be a non-compensable extension of the Contract Time.

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of ($N/A) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling 65 55452.01510\32977834.2
4 necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

3.5 Control and Payment of Subordinates; Contractual Relationship. City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the belowreferenced compensation in accordance with compensation provisions set forth in the Contract.

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of TWENTY THREE THOUSAND SEVEN HUNDRED Dollars ($23,700.00) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein.

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments. 66 55452.01510\32977834.2
5 3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.

3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 67 55452.01510\32977834.2
6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.

3.7.10 Apprenticeable Crafts. When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.

3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 68 55452.01510\32977834.2
7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.7.13 Contractor and Subcontractor Registration. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.7.14 Labor Compliance; Stop Orders. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City.

Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 69 55452.01510\32977834.2
8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

Contractor shall comply with the lawful requirements of any applicable municipality, drainage City, or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.

3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.

3.8.1.5 Liability for Non-Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.

3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.

3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state 70 55452.01510\32977834.2
9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.

3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 71 55452.01510\32977834.2
10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.

3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are more broad, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.

3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain.

Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

3.10 Claims; Government Code Claim Compliance.

3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. 72 55452.01510\32977834.2
11 3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. A “Claim” does not include any demand for payment for which the Contractor has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.

3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:

3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made

3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 73 55452.01510\32977834.2
12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.

3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.

3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.

3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.

3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time.

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 74 55452.01510\32977834.2
13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.

3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.

3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:

3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.

3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 75 55452.01510\32977834.2
14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.

3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. In the event of damage proximately caused by an Act of God, as defined by Section 7105 of the Public Contract Code, the City may terminate this Contract pursuant to Section 3.17.3; provided, however, that the City needs to provide Contractor with only one (1) day advanced written notice.

3.12 Indemnification.

3.12.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in 76 55452.01510\32977834.2
15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

3.13 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “H” attached hereto and by this reference incorporated herein.

Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.13.1 3.14 Bond Requirements.

3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.

3.14.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.

3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, 77 55452.01510\32977834.2
16 commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

3.16 Employee/Labor Certifications.

3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by reference, shall be executed simultaneously with this Contract.

3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all 78 55452.01510\32977834.2
17 purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.17.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.

3.17.3 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.

3.17.5 Anti-Trust Claims. This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
79 55452.01510\32977834.2
18 CONTRACTOR:

VORTEX INDUSTRIES, INC.
20 ODYSSEY, IRVINE, CA 92618
Attn: SHANNON KANE, COMPLIANCE MANAGER
CITY:

City of San Clemente
380 Avenida Pico, Bldg. N
San Clemente, CA 92672
Attn: JULIE SCHMIDT, MANAGEMENT ANALYST II
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.17.7 Time of Essence. Time is of the essence in the performance of this Contract.

3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

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

3.17.10 Laws, Venue, and Attorneys’ Fees. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Orange, State of California.

3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.

3.17.12 Successors. The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 80 55452.01510\32977834.2
19 3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.

3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.

Box 26000, Sacramento, California 95826.

3.17.17 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.

3.17.18 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.

3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.17.20 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project or other projects. [SIGNATURES ON NEXT PAGE]
81 55452.01510\32977834.2
20 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_______________________________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

VORTEX INDUSTRIES, LLC., A LIMITED
LIABILITY CORPORATION___________
(“CONTRACTOR”)
By:_____________________________
Its:_____________________________
Dated: __________________, 20____
82 55452.01510\32977834.2
21 EXHIBIT “A”

SERVICES / SCHEDULE
Please see attached Proposal Ref. # BB-36938 from Vortex Industries, LLC. dated 4/10/23. 83 55452.01510\32977834.2
- 22 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS
Please see attached Proposal Ref. # BB-36938 from Vortex Industries, LLC. dated 4/10/23. 84 55452.01510\32977834.2
- 23 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. PAYMENT BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City.

The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price. 85 55452.01510\32977834.2
- 24 -
EXHIBIT “D”

WORKERS COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

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

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

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

Carrier____________________________________________________ Policy Number______________________________________________

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

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

PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.

No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.

Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:

DIR Registration Number:

DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
 Contractor shall maintain a current DIR registration for the duration of the project.  Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.  Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.

Name of Contractor
Signature
Name and Title
Dated

1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
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EXHIBIT “F”

PAYMENT BONDS - WAIVED

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PERFORMANCE BOND - WAIVED
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).

WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.

NOW, THEREFORE, we, _______________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title

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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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PAYMENT BOND - WAIVED
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 94 55452.01510\32977834.2
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subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title

(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.

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

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above

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EXHIBIT “G”

FEDERAL REQUIREMENTS
Not applicable.
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EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

3.13.1 Time for Compliance. Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract as required in section 1.1.12 of this agreement.

3.13.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Contract for work to be performed hereunder, and without limiting the indemnity provisions of the Contract, the Contractor, in partial performance of its obligations under such Contract, shall procure and maintain in full force and effect during the term of the Contract the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. NOTE: If Contractor does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following: (1) a Personal Automobile Liability policy for the Contractor's own vehicle stipulating "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident"; and (2) a non-owned auto endorsement to the Commercial General Liability policy if Contractor uses vehicles of others (e.g., vehicles of employees).
(C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Builder's Risk Insurance [“All Risk”]: The City has obtained Builder’s Risk [“All Risk”] extended coverage insurance for the Project. Contractor shall NOT procure Builder’s Risk [“All Risk”] insurance for this Project, and shall NOT include the cost of said coverage in its bid price/the Contract Price.

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
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(A) Commercial General Liability
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.

Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

3.13.5 Waiver of Subrogation. All policies of Commercial General Liability, Automobile Liability insurance (if required) shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.13.6 Deductibles and Self-Insured Retentions. Any deductible or self-insured retention in excess of $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents and volunteers in the same manner and to the same extent as they 99 55452.01510\32977834.2
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would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

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

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

3.13.10 Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

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

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 100
101
102
103
RESOLUTION NO. 23-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RATIFYING EMERGENCY

CONSTRUCTION CONTRACT WITH VORTEX INDUSTRIES,

LLC FOR REPLACEMENT OF INDUSTRIAL DOOR AND

OPERATOR AT WATER RECLAMATION PLANT
WHEREAS, the City of San Clemente operates a Water Reclamation Plant (WRP) to treat wastewater, and dewatered biosolids are produced as a result of the wastewater treatment process which are hauled away to a fertilizer facility for beneficial reuse; and WHEREAS, failure of one of the industrial doors and operator at the biosolids truck loading bay caused an emergency situation in that one of the loading bays could not be accessed to load biosolids to be hauled away; and
WHEREAS, the inability to access both biosolids loading bays could have had a negative impact on health and safety as biosolids removal was reduced and could have caused a violation of the City’s wastewater permit; and WHEREAS, staff obtained an informal quote for an emergency replacement of the door and operator from Vortex Industries, LLC, a contractor that has performed similar work for the City, filed a notice of exemption for the work and entered into an emergency contract for the work.

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

Section 1. The City finds and determines that an emergency existed due to the failure of the industrial duty rolling steel door and operator at the WRP that required immediate action to protect health and safety and maintain permit compliance, which might not have been possible to maintain if delays attributable to the typical engineering design and public competitive bidding process had been incurred.

Section 2. The City declares that the public interest and necessity demanded the immediate expenditure of public funds to safeguard public health.

Section 3. The City Council ratifies the Emergency Construction Contract entered into with Vortex Industries, LLC for replacement of the inoperative door and operator at the WRP.

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 ____________________, _______.

Attachment 2
104

__________________________
Mayor of the City of San
Resolution No. 23-22
ATTEST:
___________________________
City Clerk of the City of
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
105

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
To: Office of Planning and Research From: (Public Agency): ____________________________ P.O. Box 3044, Room 113 _______________________________________________ Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________ Area Code/Telephone/Extension: _______________ If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: ____________________________ Date:

Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
Attachment 3
106

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: A
Department: Community Development
Prepared By Adam Atamian, Deputy Community Development Director Subject:

WEED ABATEMENT 2023 - ORDER TO ABATE NUISANCES BY HAVING WEEDS, RUBBISH,

AND REFUSE, REMOVED FROM VACANT AND UNOCCUPIED, DEVELOPED PROPERTIES Summary:

The City Council is asked to conduct a public hearing regarding the abatement of weeds, rubbish, and refuse and adopt a resolution authorizing the Community Development Director to abate the nuisances. The City’s Weed Abatement Contractor will begin clearing all vacant properties in San Clemente that are not in compliance with the City’s weed abatement standards after May 15, 2023.

The costs for the Weed Abatement Contractor to clear non-compliant lots will then be billed to the owners of such properties. Any unpaid bills remaining at the end of 2023 will be sent to the County for placement of liens to recover these costs.

Background:

At the March 21, 2023 meeting, the Council adopted Resolution 23-09 declaring weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways and private property to be public nuisances and providing for its abatement. On April 1, 2023, the City’s Weed Abatement Contractor completed the required public notification process by mailing “notification of the need to abate” letters to owners of 539 vacant and unoccupied, developed properties in the City. This list was compiled using the most current information provided by the Orange County Assessor’s office. The list was approved by the Council on March 21, 2023.

Also at the March 21, 2023 meeting, Council directed staff to find ways to streamline the annual Weed Abatement Program’s public hearing process. Pursuant to California Government Code Sections 39561 and 39562, the program utilizes an abatement process initiated through annuallyrecurring resolutions. According to California Government Code 39502, cities may adopt an ordinance to establish weed abatement regulations. In the coming months, staff will investigate the opportunity of establishing a weed abatement program through ordinance to reduce the number of Council meetings necessary to carry out this annually-recurring program.

For this year’s weed abatement program, mailings were sent on April 1, 2023, and established May 15, 2023 as the last day for clearing of parcels by owners. Per Resolution 23-09, the Council set May 2, 2023 as the date for a public hearing where any objections to the abatement process could be voiced. As indicated in the letters of notification mailed to all vacant property owners, all debris and refuse must be removed. Weeds must be cut to a height no higher than one inch (1”) from the ground, and the property must be maintained in this manner for the remainder of the calendar year.

Council Options:
· Adopt Resolution 23-23 directing abatement of weeds, rubbish, refuse, and dirt upon streets, CITY OF SAN CLEMENTE Page 1 of 3 Printed on 4/27/2023
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Meeting Date: 5/2/2023 Agenda Item: A
· Adopt Resolution 23-23 directing abatement of weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property.
· Continue the Item with direction to provide additional information. · Provide specific direction to the City Manager for action. · Deny Resolution 23-23 with direction to reconsider the item.

Fiscal Impact:

Yes. The Weed Abatement Program is budgeted annually in the General Fund and $160,000 was appropriated for fiscal year 2023 to cover all program costs (Acct. # 001-452-43000).

Environmental Review/Analysis:

The Community Development Department completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the City Council determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Sections 15301(h) (Class 1: Existing Facilities), 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment), and 15321 (Class 21: Enforcement Actions by Regulatory Agencies) because the project is limited to maintenance of existing landscaping, native growth, and water supply reservoirs, the project consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment, and the project consists of actions by regulatory agencies to enforce a law, general rule, standard, or objective, administered or adopted by the regulatory agency Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-23 entitled A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ORDERING THE

DIRECTOR OF COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES BY HAVING WEEDS,

RUBBISH, REFUSE AND DIRT REMOVED FROM VACANT PROPERTIES AND UNOCCUPIED,

DEVELOPED PROPERTIES WITHIN THE CITY AND NOTIFYING THE STATE, COUNTY, OR ANY

OTHER PUBLIC AGENCY AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR § 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT, AND 15321, CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES).

Attachments:

1. Resolution 23-23

2. Private Property List

3. Affidavit of Mailing Notice

4. Notice of Public Hearing Letter

5. Notice of Public Hearing published in the San Clemente Times CITY OF SAN CLEMENTE Page 2 of 3 Printed on 4/27/2023
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Meeting Date: 5/2/2023 Agenda Item: A
Notification:

E. Stewart & Associates, Inc.

Notice of Public Hearing Letter Mailed to Vacant Lot List Property Owners Notice of Public Hearing published in San Clemente Times CITY OF SAN CLEMENTE Page 3 of 3 Printed on 4/27/2023
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Attachment 1
RESOLUTION NO. 23-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, ORDERING THE DIRECTOR OF

COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES BY

HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED

FROM VACANT PROPERTIES AND UNOCCUPIED, DEVELOPED

PROPERTIES WITHIN THE CITY, NOTIFYING THE STATE,

COUNTY, OR ANY OTHER PUBLIC AGENCY, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS
15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR
§§ 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8:

ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF
THE ENVIRONMENT, AND 15321, CLASS 21: ENFORCEMENT

ACTIONS BY REGULATORY AGENCIES)
WHEREAS, the City Council of San Clemente on March 21, 2023, adopted Resolution 23-09 pursuant to sections 39561 and 39562 of the California Government Code declaring weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property to be public nuisances and providing for the abatement thereof; and WHEREAS, the Code Compliance Division has completed the necessary public notices to owners of each parcel identified in the Weed Abatement Program, as listed in Exhibit 1 of Resolution 23-09; and
WHEREAS, these property owners have been notified that all weeds must be cut to a height no higher than one inch (1") from the ground and the property must be maintained in this manner for the remainder of the calendar year; and WHEREAS, pursuant to Government Code Section 39567.1, these property owners have been informed that if they do not remove the weeds, rubbish, refuse, and dirt, then the City will remove these nuisances, and the cost of the removal plus all related administrative costs will be billed to the non-compliant property owners; and if these costs are not paid to the City when billed, those costs will be assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid; and
WHEREAS, these property owners have been properly notified of the public hearing on this matter; and
WHEREAS, on May 2, 2023, the City Council held a duly noticed public hearing, and received, heard and considered all evidence and testimony presented at and before such public hearing.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
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Resolution No. 23-23 Page 2
SECTION 1: Incorporation of Recitals.

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

SECTION 2: CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Sections 15301(h) (Class 1:

Existing Facilities), 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment), and 15321 (Class 21: Enforcement Actions by Regulatory Agencies).

The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This exemption covers, but is not limited to, maintenance of existing landscaping, native growth, and water supply reservoirs. The project does not change the existing general use of the site. Thus, the project qualifies for the Class 1 exemption.

The Class 8 exemption specifically exempts from further CEQA review actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The purpose of the weed abatement process is to protect the City’s environmental resources by reducing the possibility of weed and debris fires in San Clemente. Thus, the project qualifies for the Class 8 exemption.

The Class 21 exemption specifically exempts from further CEQA review actions taken by regulatory agencies to enforce a law, general rule, standard, or objective, administered or adopted by the regulatory agency. The weed abatement process enforces the Resolution 23-09, A Resolution of the City Council of the City of San Clemente, California, Pursuant to Section 39561 And 39562 of the California Government Code Declaring Weeds, Rubbish, Refuse, And Dirt Upon Streets, Sidewalks, Parkways, and Private Property to be Public Nuisances and Providing for the Abatement Thereof.

Thus, the project qualifies for the Class 21 exemption.

Furthermore, none of the exceptions to the use of the Class 1, 8, and 21 categorical exemptions identified in State CEQA Guidelines section 15300.2 apply. The project will not result in a cumulative impact from successive projects of the same type in the same place over time. The weed abatement process consists of regular maintenance activities to reduce the risk of fires in the City. There are no unusual circumstances surrounding the project that result in a reasonable possibility of a significant effect on the environment because the project is limited to the removal of weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property. The project will not damage scenic 111
Resolution No. 23-23 Page 3
resources, including trees, historic buildings, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource. The project will be carried out on vacant or unoccupied, structured lots with no historical resources affected.

And the project has no possibility of a direct or foreseeable indirect significant impact on the environment. Thus, the Class 1, 8, and 21 exemptions apply, and no further environmental review is required.

SECTION 3: The City Council, pursuant to Government Code Section 39571, hereby directs the Community Development Director or her designee to abate the nuisances by having the weeds, rubbish, refuse, and dirt removed from vacant and unoccupied, developed properties within the City of San Clemente that are not in compliance with the weed abatement standards, as indicated on the notices mailed to the property owners, at such owners’ cost, at such time as the City’s Weed Abatement Contractor arrives at the property and to notify the State, County, or any other public agency of such nuisances.

SECTION 4: The cost of the removal plus all related administrative costs will be billed to the non-compliant property owners; and if these costs are not paid to the City when billed, those costs will be assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid.

SECTION 5: 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 _________________, 2023.

ATTEST:
_______________________________ _____________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San 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. 23-__ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _____ day of _________________, ________, by the following vote:

AYES:
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Resolution No. 23-23 Page 4
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
113
May 2, 2023
Attachment 2 - Private Property List addresses are on file with the City Clerk.

ATTACHMENT 2
114

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE

CITY OF SAN CLEMENTE

AFFIDAVIT OF MAILING NOTICE

AFFIDAVIT OF MAILING NOTICE REQUIRING THE ABATEMENT OF WEEDS, RUBBISH, REFUSE AND DIRT FROM PRIVATE PARCELS-AS PER RESOLUTION No. 23-09, PASSED BY THE CITY COUNCIL ON MARCH 21, 2023.

That I am the Contractual Weed Abatement Administrator for the City of San Clemente; that copies of the Notice of the Need to Abate noxious weeds, rubbish and dirt from private parcels as per Resolution No. 23-09, were mailed to each and every person set forth on the attached list of Resolution 23-09.

Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at San Clemente, California.

I declare under the penalty of perjury that the foregoing is true and correct.

Executed on April 1, 2023 at San Clemente, California.

EDWIN W. STEWART
E. Stewart & Associates, Inc.

Contractual Weed Abatement Administrator
City of San Clemente
ATTACHMENT 3
115
City of San Clemente
Code Compliance Division
Weed Abatement Program
Phone: (949) 498-9250 Fax: (949) 498-4961
E-Mail: [email protected]
Dear Property Owner:

Every spring the City of San Clemente notifies the property owners of undeveloped parcels and vacant, developed parcels of their responsibility to remove weeds and debris from those properties. The native and naturalized landscape of San Clemente is susceptible to fire, along with the trash and debris that can collect on unoccupied properties. Therefore, it is very important to reduce this fire potential through the removal of weeds and debris.

Notice is hereby given that on Tuesday, May 2, 2023, the City Council of the City of San Clemente will be asked to adopt a Resolution declaring that noxious or dangerous weeds may be growing upon or in front of the type of properties described above and that these weeds constitute a public nuisance which must be abated by the removal of the weeds, rubbish, refuse, and dirt. These properties, including yours, will be described more specifically in the draft Resolution presented to the City Council on that date.

Once the Resolution is adopted, should you choose not to remove the weeds and debris, they will be removed by the City, and the cost of removal billed to you. If not paid, the amount, including the City's administrative costs, will be assessed upon the land from which, or in front of which, the weeds and debris are removed and will constitute a lien upon such land until paid. In 2022 these administrative costs per lot were $200.00. A copy of the draft Resolution will be included in the Staff Report for this item, which will be posted to the City's website at www.san-clemente.org at least 72 hours prior to the May 2, 2023 City Council meeting. You may also request that a copy of the report be provided to you by contacting the City Clerk's Office by calling (949) 361-8303 or by emailing [email protected].

If you disagree with the proposed removal of the weeds and debris, you are encouraged to address the City Council at its meeting of Tuesday, May 2, 2023, at 6:00 p.m., when objections will be heard and given due consideration. The agenda for this meeting, which includes methods in which to address Council, will be posted to the City's website at www.san-clemente.org at least 72 hours prior to the meeting.

PLEASE NOTE: This notice refers to a parcel number(s) listed by the County Assessor's office most recent tax roll in your name. If you feel the property in question should not be included in the weed abatement program or you no longer are the owner of the undeveloped parcel or vacant, developed property, please contact the City's Contractual Weed Abatement Administrator, Stewart & Associates at (949) 498-9250, by email at [email protected], or by mail at: City of San Clemente Weed Abatement, c/o 1000 Calle Negocio, San Clemente, CA 92673. Please indicate the reason why your property should not be included in the weed abatement program. Please postmark any written correspondence to be received by May 15, 2023. If you wish to clean your own lot, your lot must be cleared to City standards by May 15, 2023, which require that weeds be cut to a height no higher than one inch (1") from the ground and all debris/trash be removed. Please note, the work required by the Weed Abatement Program is separate from, and in addition to, any vegetation management which may be required by the Orange County Fire Authority. The property owner must maintain the property in that manner for the remainder of the lendar ear. All lots will be inspected for compliance. Please contact (949) 498-9250 if you dditional information regarding weed abatemen
Adam Atamian, Deputy Community Development
Director
City of San Clemente Weed Abatement, do 1000 Calle Negocio, San Clemente CA 92673 www.san-clemente.org ATTACHMENT 4
116
City Clerk • 910 Calle Negocio • San Clemente CA 92673
City of San Clemente
City Clerk
Laura Campagnolo, City Clerk
Phone: (949) 361-8345 Fax: (949) 361-8309
[email protected]
TO BE PUBLISHED: 4/22/2023

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC

HEARING WILL BE HELD BY THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

Weed Abatement Program 2023
Public Hearing to consider all objections or protests, if any, to the proposed abatement of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways and private property within the City of San Clemente. Further information may be obtained by contacting the Code Compliance Division at (949) 366-4705.

If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised in written correspondence delivered to the City Council at, or prior to, the Public Hearing.

NOTICE IS FURTHER GIVEN that said Public Hearing will be held at the meeting of the City Council on May 2, 2023 at 6:00 p.m., at the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, California. All interested persons are invited to attend said hearing or provide written communication to the City Council to express their opinion for or against the project.

Laura Campagnolo
City Clerk
ATTACHMENT 5
117

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: B.

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

CODE AMENDMENT TO CHAPTER 3.40.030 OF THE CODE OF THE CITY OF SAN CLEMENTE

RELATING TO A LOCAL VENDOR PREFERENCE
Summary:

On Tuesday, April 4, 2023, the City Council directed staff to prepare an Ordinance updating the San Clemente Municipal Code, Title 3 Revenue and Finance, Chapter 3.40, Section 3.40.030 to include a seven (7) percent Local Vender Preference.

Background:

The proposed Ordinance replaces San Clemente Municipal Code Title 3 Revenue and Finance, Chapter 3.40.030. The updated code will provide a discretionary seven (7) percent local preference to San Clemente businesses who bid on City contracts for supplies, equipment, materials, construction, and professional services with a $150,000 maximum financial value on the preference.

The Local Vendor Preference would apply as follows:
· Only apply to contracts that involve the expenditure of funds entirely within the City’s control where responsibility and quality are equal and shall not apply to contracts that involve the expenditure of funds that are not entirely within the City’s control, such as state and federal grant funds.
· Any business or entity seeking to apply for the Local Vendor Preference must have a valid City of San Clemente business license in good standing. The business must be physically located in the municipal boundaries of the City of San Clemente, and if, for any reason, the contractor fails to qualify as a local business for more than 60 days during the entire term of the contract, the City shall be entitled to withhold or recover funds from the contractor in an amount that represents the value of the bid or proposal preference. The business must qualify as a “small business” that perform a commercially useful function within the meaning of Public Contract Code section 2002(b)(2) and (d). Local subcontractors are not eligible for the Local Vendor Preference.
· When applying the provisions of the Local Vendor Preference, the City shall apply the preference to the bid price solely for bid evaluation purposes such that the total price bid by a local business shall be reduced by the percentage, that is indicated in the Ordinance, of the bid amount, and the reduced bid amount shall be deemed the amount of the bid by the bidder. · The Local Vendor Preference does not create a right to receive a bid or proposal preference. CITY OF SAN CLEMENTE Page 1 of 2 Printed on 4/27/2023 powered by Legistar™118
Meeting Date: 5/2/2023 Agenda Item: B.
· The Local Vendor Preference does not create a right to receive a bid or proposal preference.

The City Council may, at any time before the award of the contract, determine that it is not in the City’s best interest to grant a bid or proposal preference and direct staff to award the contract to the bidder or proposer eligible for the award without consideration of the Local Vendor Preference.
· The Local Vendor Preference would act as a procurement policy that meets the requirements of Public Contract Code section 2002(c).

Council Options:
· Introduce the Local Vendor Preference Ordinance that includes a discretionary seven (7) percent preference for local businesses who bid on supplies, equipment, materials, construction, and professional services with a $150,000 maximum financial value for the preference. · Continue the Item with direction to staff to modify the Local Vendor Preference Ordinance. · Continue the Item with direction to staff to provide additional information. · Deny the Local Vendor Preference Ordinance.

Fiscal Impact:

Unknown at this time. Application of the Local Vendor Preference could lead to contracts being awarded at a price higher than without the preference.

Environmental Review/Analysis:

The Ordinance is not a “project” under the California Environmental Quality Act (CEQA). Each contract to which the Local Vendor Preference would apply will be separately reviewed and analyzed under CEQA.

Recommended Actions:

Staff Recommendation
Introduce Ordinance No. 1750 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING AND REPLACING SAN CLEMENTE MUNICIPAL CODE TITLE 3 REVENUE AND FINANCE, CHAPTER 3.40, SECTION 3.40.030 RELATING TO A LOCAL VENDOR PREFERENCE”.

Attachment:

1. Ordinance No. 1750
Notification:

San Clemente Times
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 4/27/2023
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Attachment 1
4861-3475-9263 v2
ORDINANCE NO. 1750

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

AMENDING AND REPLACING SAN CLEMENTE
MUNICIPAL CODE TITLE 3 REVENUE AND
FINANCE, CHAPTER 3.40, SECTION 3.40.030

RELATING TO A LOCAL VENDOR PREFERENCE
WHEREAS, California Public Contract Code section 2002 allows a local agency to provide for a local vendor preference in awarding contracts within the requirements of such section; and
WHEREAS, the City Council of the City of San Clemente has determined that the provision of a Local Vendor Preference Ordinance is in the best interests of the community, the local economy, and the economic stability of the City, and WHEREAS, the City Council has an interest in improving the community by leveraging, to the greatest extent possible, the funds spent contracting with private firms for goods, equipment and services to and for the benefit of the City and its residents, and WHEREAS, the City Council has determined that funds spent locally, with local businesses, provide an enhanced economic benefit to the entire City as reinvestment and recirculation of the funds in the local economy generates taxable transactions, retains and creates local jobs, increases local profits, provides for greater involvement and contributions to local charities, and increases procurement of local goods and services for resale and operations; and
WHEREAS, a Local Vendor Preference Ordinance can encourage businesses to compete for City contracting opportunities, locate operations in the City, and encourage existing local businesses to refrain from relocating to different, less expensive areas, and WHEREAS, the provisions enacted by the Ordinance meet the requirements of Public Contract Code section 2002, have a rational relationship to the legitimate governmental purpose by stimulating a local market for services, equipment, materials, supplies and any City funds will stimulate the local economy and reduce unemployment.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:
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Section 1: Recitals and Scope
The recitals above are considered true and incorporated into this Ordinance. The scope of this Ordinance is strictly financial. This Ordinance does not allow local applicants to be relieved of any specification, license requirement or any other provision of the Bid or Request for Proposal.

This Ordinance applies only to contracts that involve the expenditure of funds entirely within the City's control where responsibility and quality are equal and shall not apply to contracts that involve the expenditure of funds that are not entirely within the City's control, such as state and federal grant funds, that due to legal restrictions prohibit its application.

Section 2: Environmental Review
This Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines (14 CCR 15061) because there is no possibility that the activity in question may have a significant effect on the environment and this Ordinance is not a project as defined by CEQA.

Section 3: Amendment to San Clemente Municipal Code section 3.40.030 Section 3.40.030 of the Municipal Code of the City of San Clemente is hereby amended to read in its entirety as follows:

A. Definitions
The following definitions shall apply to this Ordinance:
"Bid" means any response to a City solicitation for bids or proposals. "City" means the City of San Clemente.
"Contract" means a written agreement for the purchase of goods, equipment or services, including construction, for the benefit of the City or its residents. "Contractor" means a person, business or entity awarded a Contract by the City. “Local Vendor”, "Local Business", “Local Contractor”, or “Local Bidder” means a Small Business with a physical location in San Clemente as indicated on an approved Business License.
"Proposal" means any response to a City solicitation for bids or proposals. “Small Business” means a business or entity that meets the requirements of a small business enterprise certified pursuant to Article 1 (commencing with Section 14835) of Chapter 6.5 of Part 5.5 of Division 3 of Title 2 of the Government Code as that section may be amended from time to time and that performs a commercially useful function within the meaning of Public Contract Code section 2002(d) as that section may be amended from time to time.
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B. Local Business License Required
Any business or entity seeking to apply the provisions of this Local Vendor Preference Ordinance must have a valid business license issued by the City of San Clemente which must be in good standing and must qualify as a Small Business. The business must be physically located in the municipal boundaries of the City of San Clemente. If for any reason the Contractor fails to qualify as a Local Business for more than 60 days during the entire term of the Contract, the City shall be entitled to withhold or recover funds from the Contractor in an amount that represents the value of the Bid or Proposal Preference.

C. Application of Ordinance
When applying the provisions of this Ordinance to a Bid, the City shall apply the preference to the Bid price solely for Bid evaluation purposes such that the total price bid by a Local Business shall be reduced by seven percent of the Bid amount, and the reduced Bid amount shall be deemed the amount of the Bid by the Bidder.

This Ordinance does not create a right to receive a Bid or Proposal preference. The City Council may, at any time before the award of a Contract, determine that it is not in the City's best interest to grant a Bid or Proposal preference and direct staff to award the Contract to the bidder or proposer eligible for the award without consideration of the provisions of this Ordinance.

Local Subcontractors are not eligible for the Local Preference.

D. Local Preference for an Open Bid
If the total combined bid amount submitted by a responsible Local Vendor is not greater than one hundred seven percent (107%) of the apparent low bid and all other rating criteria is considered to be equal, preference shall be given to the responsible Local Vendor, unless waived prior to the contract award by the San Clemente City Council finding the waiver would serve the best interests of the City and the public. However, in no case shall the amount of the preference exceed one hundred fifty thousand dollars ($150,000). This provision shall not apply to contracts required by state or federal statutes and/or regulations to be awarded to the 'lowest responsible bidder', or otherwise exempted from local preference.

E. Local Preference for a Sealed Bid
A seven percent (7%) preference shall be granted to Local Vendors on all sealed bids, unless waived prior to the contract award by the San Clemente City Council finding the waiver would serve the best interests of the City and the public. However, in no case shall the amount of the preference exceed one hundred fifty thousand dollars ($150,000). This 122
Ordinance No. 1750 Page 4
4861-3475-9263 v2
provision shall not apply to contracts required by state or federal statutes and/or regulations to be awarded to the 'lowest responsible bidder', or otherwise exempted from local preference.

F. Local Preference Procurement Policy
This Local Vendor Preference Ordinance is intended to act as a procurement policy within the meaning of and in compliance with the requirements of Public Contract Code section 2002(c).

E. Oversight
City staff shall investigate any allegation of potential fraudulent behavior on the part of a entity or individual for the purpose of qualifying for and being awarded a Local Vendor Preference. If the City Council determines after a hearing that a Contractor was not actually qualified as a Local Business at the time that the application for the Local Vendor Preference was made or at the time that the contract was awarded, the City shall be entitled to withhold or recover funds from the Contractor an amount that represents the value of the Bid or Proposal Preference and/or the City may, in its discretion, declare the contract void and the Contractor’s Bid non-responsive and award the contract without regarded to such Bid.

Section 4: Severability
All ordinances or parts of ordinances or resolutions or parts of resolutions in conflict with any applicable law are hereby repealed to the extent of such conflict and no further.

Section 5: Effective Date
This ordinance shall take effect 30 days after passage and proper publication at least once in a newspaper of general circulation in the City of San Clemente.

Section 6: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City of San Clemente, California, on the 2nd day of May, 2023.

APPROVED AND ADOPTED at a regular meeting of the City Council of the City of San Clemente, California, on _____day of _________________, 2023.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. _______ having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, CITY ATTORNEY
124

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: C.

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

RICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG PARK MASTER PLAN

UPDATE, CERTIFICATION OF INITIAL STUDY AND ADOPTION OF MITIGATED NEGATIVE

DECLARATION AND MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE

PROJECT
Summary:

The update to the Richard T. Steed Memorial Park/Baron Von Willard Dog Park (“Steed Park”) Master Plan has been prepared for consideration by the City Council. The plan was presented to the Beaches, Parks & Recreation Commission and the Commission recommended the City Council approve the updated plan. Staff has been working to update the master plan since 2021 by gathering community feedback and completing an updated park space design that reflects the growing recreational needs of the community. The concept presented to Council (Attachment 1) includes an expanded skate park, upgraded dog park, pump/bike track, new restroom/concession facilities, connecting pathways, a 16-court pickleball facility, large multi-purpose field, sand volleyball courts or multi-use indoor/outdoor flex facility, additional parking, and softball complex improvements.

In 2022, based on the final proposed draft of the master plan design, staff initiated the environmental analysis for Steed Park. An Initial Study, a Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program in accordance with CEQA have been prepared for the update (Attachment 2), finding that there is no substantial evidence that the project may have a significant effect on the environment, or that there will not be a significant effect after the implementation of feasible mitigation measures. The Council is being asked to make California Environmental Quality Act findings related to the Steed Park project, certify the Initial Study and adopt the Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program.

In addition to providing recreational opportunities, the San Clemente parks system has demonstrated its economic benefits, such as increasing property values and attracting visitors, which can generate revenue for the local community. Therefore, approving a park master plan may be seen as an investment in the community's long-term economic health.

Background:
2023 Master Plan Update Process
At its March 2, 2021 meeting, the City Council awarded a contract to SWA, a landscape architect firm, to update five site-specific park master plans, including Bonito Canyon Park, Linda Lane Park, Richard T. Steed Memorial Park/Baron Von Willard Dog Park, San Gorgonio Park, and San Luis Rey Park.

Per the agreement, SWA and the Beaches, Parks and Recreation Department compiled and released CITY OF SAN CLEMENTE Page 1 of 8 Printed on 4/26/2023
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Meeting Date: 5/2/2023 Agenda Item: C.

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

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

At its September 2, 2021 meeting, the Beaches, Parks and Recreation Commission (“Commission”) provided comments on the first draft conceptual designs of the site-specific park master plans.

On September 22, 2021, and September 23, 2021, on-site park open houses were held to gather feedback and answer questions regarding the first draft conceptual designs. On October 21, 2021, a public forum was held as an additional opportunity for the public to comment and ask questions regarding the first draft of conceptual designs. Based on the collective feedback received at these outreach meetings and forums, SWA prepared a second draft of the master plan updates.

On December 14, 2021, the Commission reviewed and recommended approval of the second draft of the master plan, which incorporated the addition of 16 new pickleball courts at Steed Park based on feedback from the public during the open houses and public forums. The Commission also recommended incorporating lighting into the pickleball court area.

At its February 14, 2023 meeting, the Commission reviewed the conceptual plan update to confirm the prior findings, with the understanding that the proposed findings from the environmental review recommended a mitigated negative declaration as sufficient for this project.

Steed Park Designation and Historical Use(s)
The City was deeded the land that is now the Steed Park baseball complex in 1987. Within one year of acceptance, the City developed plans to build a complex with four softball/baseball fields with an upper and lower parking lot area, as they exist today.

In 2000 and 2002, the City revised the master plan to include a skate park and a dog park, respectively, as they currently exist.

In 2003, the City adopted a master plan for the park that included six ballfields, a small open play field, a roller hockey rink, a skate park, a dog park, lighted basketball courts, bocce courts, a universally accessible tot lot, concession buildings, picnic areas, bike trails, regional trailhead staging area, picnic areas, benches, and restrooms.

Through the 1999 and 2018 Beaches, Parks & Recreation Master Plans, each of the City’s parks received a category description to provide an understanding of each park’s intended use as designated. The park designation definitions are taken into consideration when drafting the site plan updates. Steed Park is classified as a Community Park, defined below.

Community Parks: Community parks are designed to serve larger portions of the City or the entire City. They are generally over 10 acres in size. These parks include major sports facilities such as baseball, softball, soccer, football, tennis, and basketball. These facilities generally include field lighting and parking lots to accommodate high use. Neighborhood park amenities (picnic areas and children’s play areas) are also included since community parks are also designed to serve neighborhood park needs.

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Meeting Date: 5/2/2023 Agenda Item: C.
2023 Steed Park Master Plan Update
Through the community input process, the public provided feedback that identified Steed Park as a regional facility, hosting large sporting events, with the potential to establish a large space for pickleball, expand the existing skate park, and improve the existing off-leash dog park, amongst other improvements. The initial survey received over 700 responses, with 93% being San Clemente residents. The findings of the community survey specific to Steed Park are summarized in Attachment 3. The layout of the survey allowed respondents to choose which parks they wanted to provide feedback on, therefore the attachment page numbers may appear out of order. The complete survey results with all five parks are on file with the Beaches, Parks & Recreation Department.

Based on the outreach, the conceptual plan for Council consideration includes:
· Relocate and improve the dog park to the undeveloped lot within the complex. · Build a new pump/BMX bike track area at the current dog park location. One side would be a dirt surface and the other would be asphalt.
· Build a restroom and picnic facility in the pump track area to support the track and the adjacent regional trailhead.
· Add scoreboards to baseball fields.
· Improve spectator seating at the baseball complex.
· Expand the existing skate park to a state-of-the-art skate facility providing a combination of skate styles supported. Include a concession/office area. · Add sports field lighting to a large Activity Meadow. · Add restroom facility to Activity Meadow space.
· Add 16 lighted pickleball courts with restroom/concession space. · Add up to 4 sand volleyball courts.
· Establish a multi-use indoor/outdoor building to allow for large events, rentals, and flexible recreation class/camp programming.
· Build a lookout space that would capture the expansive hillside/mountain views of San Clemente.
· Expand the parking lot to include an additional 100 parking spaces. · Consider an additional parking area from the City-owned lot adjacent to the animal shelter off Avenida Fabricante.

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Additionally, given the extensive proposed development enhancements to Steed Park, staff are recommending the Council designate Steed Park as a Regional Park, as defined below. For context, the Vista Hermosa Sports Park is also designated as a Regional Park.

Regional Parks: A large park that serves a larger geographic area, such as a city, county, or even a state or region. These parks often have a wide range of recreational amenities, such as sports fields hosting regional tournaments, picnic areas, playgrounds, interconnecting trail systems, and nature centers. Regional parks are designed to provide opportunities for outdoor recreation and relaxation for a wide range of users, including tourists and visitors.

Lastly, based on Council direction at its April 4, 2023, staff will be returning to Council at its May 16, 2023 meeting with an item to consider an option to design up to 24 courts at Steed Park with the potential for private funding. At that time, staff will be prepared to address any additional requirements that may be needed to incorporate this type of change into the master plan.

Fiscal Impact:

Approving the update to the Steed Park Master Plan at this time will have no fiscal impact. Adoption of a master plan update does not guarantee funding of the proposed changes however, per the master plan services contract, SWA provided estimated costs to the Beaches, Parks & Recreation Department in February 2022 (Attachment 4). At this time, the total estimated costs for the Steed Park upgrades were $15,011,557. A summary breakdown is provided in the table below. This figure does not include construction documents, utility upgrades, utility relocation, unknown conditions, inflation, surveys, additional studies that may be required as part of the design and construction phase, or stormwater upgrades.

Cost Summary per “Activity Hub”
Skatepark Hub $3,101,285
Baseball Hub $3,143,008(*)
Mountain Bike Hub $1,559,315
Parking Hub $438,987
Recreation Hub $6,768,961
(*) This figure includes a recommendation to upgrade the existing ballfield lights, however, this project was funded in FY 2021-22 and completed in FY 2022-23. The updated figure for this Hub should reflect $2,143,008.

Note, through the FY 2022-23 Annual Budget & CIP Program adoption, the Council determined pickleball courts at Steed Park were a high priority and subsequently approved $3 million in funding towards the initial design and construction phase of the pickleball facility. The pickleball facility is included in the “Recreation Hub” of the cost breakdown above.

Adopting the master plan and environmental findings will allow staff to begin initiating conversations with potential sponsoring organizations and collaborate with the Friends of San Clemente Beaches, Parks & Recreation Foundation to consider fundraising opportunities for the future development of each activity sphere within the plan.

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For the Council’s reference, some typical options to fund park development outside of the General Fund include:
· Government Grants: Federal and State offices often offer grants for park development and public access to public spaces.
· Private Donations: Private individuals or organizations can donate money to fund the park development through fundraising campaigns, and events or reach out to local businesses to seek donations.
· Corporate Sponsorship: Approach local businesses and corporations to sponsor the park development. In exchange, they can receive naming rights or advertising space in the park. · Bond Issues: Governments can issue bonds to fund park development. · Special Assessments: A special assessment is a tax levied on a specific area to fund a specific project. This can be used to fund park development.

At this time, staff is not providing a recommendation on any of the above options, but sees it beneficial to provide a snapshot of considerations for the future. After additional research on these areas and collaboration with the community and major stakeholders, staff expects to return to Council at later date to provide a recommendation on feasible, long-term methods to consider for Steed Park along with a list of suggested priorities.

Additionally, ongoing maintenance and operation costs will be required for consideration and analysis at a future time by the City Council.

Environmental Review/Analysis:

In June 2022, the City Council approved a contract with UltraSytems Environmental, Inc. for the preparation of the environmental analysis under the guidelines of the California Environmental Quality Act (“CEQA”) for the Steed Park master plan based on conceptual designs recommended for approval by the Commission in December 2021.

Staff has prepared an Initial Study (“IS”) and corresponding Mitigated Negative Declaration (“MND”) and Mitigation, Monitoring and Reporting Program (“MMRP”). The complete environmental documents are on file with the City Clerk’s Office and Beaches, Parks and Recreation Department.

Due to the large size of the file, a direct link is included in Attachment 2.

Based on IS findings, the project would have no impact or a less than significant impact on the following environmental categories:
· Aesthetics
· Agriculture and Forestry Resources
· Air Quality
· Greenhouse Gas Emissions
· Hazards and Hazardous Materials
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· Hydrology and Water Quality
· Land Use and Planning
· Mineral Resources
· Population and Housing
· Public Services
· Recreation
· Transportation and Traffic
· Utilities and Service Systems
· Wildfire
Based on IS findings, the project would have a less than significant impact on the following environmental categories when proposed mitigation measures are implemented:
· Biological Resources
· Cultural Resources
· Geology and Soils
· Noise
· Tribal Cultural Resources
· Mandatory Findings of Significance
The report provides options for consideration of mitigation measures (“MMs”) related to the findings of the IS that would have a less than significant impact. A summary of the Biological findings MMs are to encourage surveying of critical species and recognized resources; install barriers that protect the natural vegetation communities; and develop methods to attenuate noise produced from the activities on the native species. The complete report related to Biological findings begins on pages 4.4-1 of the IS/MND.

Cultural Resources MMs summary is to halt any construction activity if archaeological resources or human remains are found. The contractor/City should report these findings to the appropriate regulatory agency for further investigation. The full findings are on pages 4.5-6 of the IS/MND.

To reduce the Geology and Soil impact, MMs summary includes the hiring of a paleontologist during construction to develop a Paleontological Resources Impact Mitigation Plan (“PRIMP”) for the site to mitigate any potential impacts to unknown buried resources. The full findings are on pages 4.7-11 of the IS/MND.

The Noise impact can be mitigated by considering MMs through the construction process that reduces the impact of construction vibration of equipment and scheduling. The full findings are on pages 4.13-16 of the IS/MND.

Tribal Cultural Resources should be considered throughout the construction process. The MMs for this component include the reporting as required through AB 52 which requests on-site monitoring by the Juaneño Band of Mission Indians - Belardes and ongoing consultation with the Juaneño Band to stay apprised of findings and discoveries. The full findings are on pages 4.18-3 of the IS/MND.

Based on the findings of the Initial Study, there is no substantial evidence that the project may have a significant effect on the environment, nor that there will be a significant effect after the implementation of feasible mitigation measures included in the MMRP. Therefore, pursuant to Section 21080 of the CITY OF SAN CLEMENTE Page 6 of 8 Printed on 4/26/2023
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Meeting Date: 5/2/2023 Agenda Item: C.
of feasible mitigation measures included in the MMRP. Therefore, pursuant to Section 21080 of the Public Resources Code and the CEQA Guidelines Section 15070, the City, as the Lead Agency of the project, may find that an MND is an alternative to preparing an environmental impact report (EIR).

The Initial Study, Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program were circulated to the public for review and comment at the State Clearinghouse (2023030298) for the required thirty (30) days from March 8, 2023 to April 10, 2023. No comments were received during this time period.

Council Options:
· Adopt Resolution 23-24 confirming the findings of the environmental review, and certifying and adopting the Initial Study, adopting the Mitigated Negative Declaration and adopting the Mitigation, Monitoring and Reporting Program, and adopt Resolution 23-25 approving and adopting the updates to the Richard T. Steed Park Memorial Park Master Plan. · Modify and approve Resolution 23-24 and/or Resolution 23-25. · Continue the Item with direction given to staff related to the use of this parkland. · Deny Resolution 23-24 and/or Resolution 23-25.

Recommended Actions:

Staff Recommendation
Staff and the Beaches, Parks & Recreation Commission recommend that the City Council approve the update to the Richard T. Steed Memorial Park Master Plan with the modification that lights be considered at the pickleball courts in future development; and Staff recommends that the City Council:
1) Adopt Resolution No. 23-24 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, CERTIFYING AN INITIAL STUDY, ADOPTING A

MITIGATED NEGATIVE DECLARATION AND ADOPTING A MITIGATION, MONITORING AND REPORTING PROGRAM FOR THE RICHARD T. STEED MEMORIAL PARK/BARON VON WILLARD DOG PARK MASTER PLAN UPDATE”; and
2) Adopt Resolution No. 23-25 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE RICHARD T. STEED MEMORIAL

PARK MASTER PLAN, MAKING A FINDING OF COMPLIANCE WITH THE SAN CLEMENTE CENTENNIAL GENERAL PLAN AND AMENDING RESOLUTION NO. 03-32”.

Attachment:

1. Richard T. Steed Memorial Park Master Plan Conceptual Drawing

2. Environmental Analysis - Initial Study, Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program

3. Community Survey Summary

4. Estimated Development Costs (2/2022)

5. Resolution No. 23-24 Adoption of Environmental Analysis - Initial Study, Mitigated Negative CITY OF SAN CLEMENTE Page 7 of 8 Printed on 4/26/2023
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5. Resolution No. 23-24 Adoption of Environmental Analysis - Initial Study, Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program in accordance with CEQA

6. Resolution No. 23-25 Approval of Master Plan Update
Notification:

Public Hearing Notice advertised in San Clemente Times, 4/20/2023 Property Owners within 300 feet of 247 Avenida La Pata (Park Property) Interested Parties - “Master Plan”
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ATTACHMENT 2
Environmental (CEQA) Compliance Consulting Services
Richard T. Steed Memorial Park/Baron Von Willard Dog Park Master Plan Update Initial Study and Mitigated Negative Declaration (IS/MND) Complete findings and appendices available at www.san-clemente.org/parkplans Or on file with the Beaches, Parks & Recreation Department 133






  


 


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141
#
Zip
Code
Q.25) What makes or could make a park
uniquely San Clemente?
Q.26) Do you have any other feedback to
share with the San Clemente Master Plan
team?
1 92673
A bmx pump track is missing in the community and
would be a wonderful amenity
2 92673
A hands on, educating Community Garden ‐ Food
Forest! We already have the plans and will enlist
the community that will help this. This will CHANGE
LIVES. We can set the pace and try to do MORE
than what San Diego County is already WAVES
ahead on!!!!!!!!
please email __ to get / see our plans for
Community Food Forest for Bonito Canyon. We
have the Boys and Girls Club help and envision this
to LEAD other communities in these healing and
positive community spaces that can work with ALL
INCOME levels and work together!!!!
3 92673 A splash pad would be awesome!!
4 92673 Additional Pickleball Courts
5 92673
Allowing dogs on  leash with correct signage (Note:

Pico Park and Sea Summit parks signage is incorrect
and says"No Dogs:.
6 92673 Beach access
7 92673
Beautiful ocean views. Temperate climate provides
for year round usage.

Some cities utilize a monthly fee for tennis
swimming and pickleball. These funds can help pay
for a limited staff that can help to clean, provide
structure that allows everyone to use the
respective facility. The staff also ensures there is a
high level  of maintenance and safety standards.
8 92673 Better care and maintenance. The parks are dirty Thank you for reaching out to the community.

Most parks need TLC
9 92673 Better lights ,
Please add more trans actions to tennis courts .

Forster ranch can be a Pickelball courts too ? No
one plays tennis that much  . I live  there and hardly
see anyone playing tennis . Pickel Ball is a first
growing sport in this area and it would be nice to
make these tennis courts both Pickelball and Tennis
10 92673 Cement ping pong tables. Horseshoe pits.

We have so many kids in San Clemente that skate.

We really need to expand this. The skatepark we
have currently is overcrowded.
11 92673 Community/ learning garden! Water wise garden
Community garden would be amazing for kids in
the community. We need this! There is too much
grass and pavement. We need to teach kids about
gardening!
12 92673
convert San G. to full time  pickleball courts with
outdoor lighting
13 92673 Enjoying outside
14 92673
Enough Pickleball courts to meet the ever growing
demand
15 92673
Family friendly, beach access, views and water
features.

Please remember to keep the parks family friendly
and appropriate for local residents.  I'm not able to
take my children to North Beach because of the
homeless community and drug use that I witnessed
around the public restrooms.

Community Survey Open-Ended Responses
ATTACHMENT 3 Page 9 of 34
142
16 92673
Good ocean views, spaces for kids and adults to get
outside and exercise/play, ole hanson style
incorporated maybe, dog friendly
Please put a bathroom at Linda lane!! Even porta
potty’s would be appreciated. Any local park with a
splash pad of some kind would be SO AWESOME!!
Also‐ please for goodness sake either redesign or
change the rules for climbing on the Courtney sand
castle water feature. If there’s water, kids will play
in it and it’s a thin lip that kids walk on that’s up
high enough that if they fall it’s dangerous. Either
lower the feature closer to the ground, or make the
wall thicker (easier to walk on), or put something
soft beneath or, or flat out remove it. Maybe a
little trickling faux creek that’s like 3” deep
instead?? 3 young kids that frequent SC parks
almost everyday so I have so many opinions! Sorry!
Mostly I love our parks dearly.
17 92673 Great playground and friendly people Add pickleball to Vista Hermosa 18 92673 Green Space for people to run.

Update bathrooms, Update basketball and pickle
ball courts
19 92673 Having skate features/ pump tracks at most parks 20 92673
Historical information re formation/vision of San
Clemente
For the past 15 years staff has promised that San
Clemente would construct Bocce courts but not
one has been provided
21 92673
Historical markers or items that discuss San
Clemente history
22 92673
How about doors on the stalls in the restrooms?
That would be a good start.

Clean up our parks. Dana Point, Laguna and
Newport all have incredibly clean parks that the
city takes pride in. Other than Vista Hermosa our
parks are horrible. No doors on the stalls, dirty, run
down, horrible grass, old equipment, faded signs,
outdated, unsafe equipment, etc.
23 92673
I think the ability to spend the day outside at the
park. This would include redesigning parks to have
a mixture of features for all ages such as
playgrounds, bathrooms, pickleball courts, splash
pads, skate parks, running paths, basketball courts,
etc.

Please add LIGHTS to all the courts already existing
and any courts that you add. The pickleball courts
and soccer fields need lights.
24 92673
I would love to see a community garden developed
at either San Luis Rey Park, San Gorgonio Park, or
Linda Lane Park.

Thank you for putting together this comprehensive
survey to gather public feedback.
25 92673
include a wave park?  Otherwise, the parks here
are nice. I wish they were bigger playgrounds with
more features for kids of different ages. Not all are
set for 2 separate groups. I usually see them for
either the older group.

ATTACHMENT 3 Page 10 of 34
143
26 92673 Include surf culture.

It is absolutely unacceptable how many times I take
my kids to San Clemente parks and they are locked
and closed. Richard Steed park is NEVER open
during daytime hours for children to use. It is
chained and locked until the evening hours and
that is unacceptable. San Gorgonio is also locked
quite frequently (although not every single day like
Steed) and there are several days where I take my
children to play on the ball fields only to find them
non‐accessible.
27 92673 Keeping the parks CLEAN & SAFE for the community 28 92673 Lighted Pickleball Courts The City needs more & lighted Pickleball courts 29 92673
Limiting access to some parks by outside
organizations which limits availability for city
recreational sports leagues.

Granting city youth recreational leagues/clubs
(rugby, softball, etc.) 1st priority when scheduling
includes weekends too.
30 92673
Make our parks usable, well‐maintained, people
friendly and manage those expectations.

Do NOT outsource the maintenance of our parks.

Do like other nearby cities ‐ Dana Point, SJC,
Laguna Beach where the fields are maintained by
the City Maintenance NOT by the Little League,
Soccer leages, etc.  Make these parks a statement
on the PRIDE we have in our city....
31 92673
More pickle ball courts and adding lights for nite
play at San Georgina park
32 92673 More Pickleball courts
33 92673
More pickleball courts at one park in order to have
tournaments and make San Clemente a destination
for this sport.

No dog beaches.  We have little enough beach as it
is.
34 92673 More pickleball courts!!!! More pickleball courts!!!! 35 92673
More pickleball courts, with lights for evening play
and classes.

Yes, our beautiful Spanish Village by the Sea needs
more pickleball courts, and pickleball  classes,
clinics, lessons, and tournaments.
36 92673 More picnic tables that are sheltered
37 92673
More skateparks pleasee, we need more skatepark
it gets really cramp and there's alot of skaters that
just need something new, we need more skatepark
so everyone could have a local park and not have
to drive across town like I do, it gets dangerous and
cramp and scary but yea. SKATEPARKSSSS
38 92673
Multi‐level play structures  Rotating playground
elements  Natural play features (even if synthetic
materials): graded hills; climbable rocks; etc  Parent
friendly shade; solar benches with phone chargers
Night‐ friendly parks: changing color lights and
displays  Iconic passive park elements: especially
public art or architectural elements at parks near
the beach  Water/sand play tables (like boat racing
at legoland)  Surf themes!
Splash pad at MaxBerg!  More pickleball   Private
partners to pay for amenity upgrades   More
imaginative play features, not just stick
playgrounds. Adults like imaginative areas too!
Treehouses, water features, “outdoor living rooms”
A “forested park” with lots of landscaping would
be great; almost like a botanical garden
ATTACHMENT 3 Page 11 of 34
144
39 92673
Nature / open space, gardens, Spanish themes,
safety Bathroom improvements would help, safety as well 40 92673
Need to keep restrooms clean and enforce
guidelines regarding keeping homeless out of parks
so that community members /children feel safe
and can enjoy.
41 92673
New skateboarding features with  playground in
sight, clean restrooms and shaded picnic areas. We
drive down to Carlsbad Alga Norte park to use their
facilities numerous times a week because it fulfills
each member in our family. SC has nothing like that
to offer.
42 92673
Ocean View. Sand Volleyball courts. Nice
bathrooms.

Would love to see the space at Hermisa Patk being
used. A pickleball facility with concessions and
lights would be an amazing draw for ALL ages,
families, teens, tournaments, travelers.   Would
love to have the bathrooms at San G upgraded.

Thank you.
43 92673 Ocean views
Need more pickleball courts and lights to
accomodate the growing number of players.
44 92673
Parks can be a preferable place to gather, but too
often they're just for little kids (playgrounds). What
I like about SC parks is that there's other things to
do, like picnic or play tennis/basketball. These
parks engage the beach or the view and have nice
shady and grassy areas.

Places BMX, Skateboard, & especially Pickleball
Courts are great ideas to capture the attention of
our younger residents (in comparison to Dana
Point). As a surfing town, I think we should really
embrace skating and other outdoor sports. The
more fun/active activities these parks can offer, the
easier it will be for parents to get their kids off
screen time!  Thanks.    I'm a local Architect. If I can be of any assistance, please let me know.
45 92673 Pickle
46 92673
Pickle ball courts, full court basketball lighted, nice bathrooms, update play equipment, shade and
seating
It would be nice to have at least 1 park in San
Clemente with a man made lake to feed ducks and
have a picnic.
47 92673 Pickleball Dedicated Pickleball courts with lights 48 92673
Pickleball courts with good bathrooms and parking
with night lights on courts
49 92673
Pride in the parks.  Ownership starts with city, keep
well maintained and clean.  Those parks in good
shape are kept in good shape by citizens (I know
not all).  Those that start off in disrepair are treated that way
50 92673 Pump track!! Splash pads!! Please add a pump track and splash pads! 51 92673 Pump track, splash pad, amphitheater
52 92673
Quality.  Old run down restrooms and facilities are
not becoming of our city.  Whatever you do, do it
right and take care of it.  Our parks should elevate
our quality of life in San Clemente, not detract
from it.

The quality of our baseball fields is not good.  We
have not maintained them and they are not fun to
play on.  The infield grass is horrible and makes the
games difficult for the kids.
53 92673 Response to community input
ATTACHMENT 3 Page 12 of 34
145
54 92673
Restrooms, Trees, Buildings in Spanish style
architecture, working drinking fountains for people
and pets, and light for winter use.

Our dog park has an undesired reputation among
dog owners.  It is not uncommon to find SC
residents at other parks.  With so much money and
so many dogs in our community, I would think we
would be one of the best examples.
55 92673 San clemente murals
56 92673 Sea View.  Spanish architecture Lighted pickleball! 57 92673
Simply keeping what we currently have properly
maintained would be wonderful.  We need better
restrooms and more cleaning.

We have lived in San Clemente for 26 years and
love it here.  However, cleanliness is always a
challenge at parks and rather than add lots of new
things, keep what we have properly maintained.  I
would love to hear people praise the city for its
great upkeep.
58 92673
Skateboard features in every park and major
additions to existing skatepark. Add another major
skatepark. There should be skate features in every public park. 59 92673
Skateboarding is a bedrock sport of San Clemente
along with surfing. I’d love to see a big area or an
additional area for kids to skateboard. All the
driveways in town have skate ramps more than any
other sporting equipment.
60 92673 skatepark
add more skateparks and make the one we have
better please
61 92673
Some beach themed feature that is unique to each
park. Drinking water and restrooms are essential.
water play parks are nice for children, pickle ball
for the community as this is getting more popular,
outdoor places to exercise. We all put on Covid
weight and need to get out and move.
covered areas to have parties and gatherings is
nice. they should be reserved online and maybe
only allow 1x a month so that all can enjoy.
62 92673
Some nice picnic tables w covers to eat at. And
cleaner restrooms w doors on them at San G!
We are in need of more Pickleball courts with lights
and cleaner restrooms w doors in them for ladies.
63 92673 Splash pad
64 92673 Splash pad Splash pad please!!!
65 92673 Splash pad. Pump track. Water features.

Would love to see a pump track in town. Also more
public splash pads.
66 92673 That we have a lot of parks to choose from
Please make at least one skate area for younger
kids
67 92673 The friendly people
We need pickle ball courts with lights so people can
play in the evening
68 92673
The parks in Rancho Viejo are amazing. Lots  of
great climbing features.  We REALLY need a pump
track and volleyball courts!!!!!
Take all ages into consideration.  Barn park is so
worn down, it needs an upgrade.
69 92673
The style. Consistent with Old Hanson classic SC
Style
ATTACHMENT 3 Page 13 of 34
146
70 92673
The way Courtney’s castle was built, maintained,
cleaned really makes the park.  No bark in the
playground‐ terrible for little ones who fall. Should
be the rubber cushion flooring.   Clean restroom.

Toddler portions     Water park!
Look thru the parks built thru out the new rancho
mission Viejo community’s
71 92673
Trees that are suitable for coastal living . We need
more trees but not messy trees that hang over
tennis courts and require lots of trimming,
sweeping and blowing.  New signs at each
especially Marblehead. Some playground
equipment needs sanding and repainting at
Forester Ranch. Keep our tennis courts please!  our
parks are beautiful!!!! Kids, kids, kids first! Thank you! 72 92673
Unique doesn't matter, making them functional
does.
73 92673
Unique Playground equipment. Outdoor
amphitheater with ocean view. Native California‐
style architecture and gardens.

First, I think city parks need to keep pace with
community recreation needs. Do we have enough
fields and courts to accommodate all the groups
(youth and adult leagues) who play sports in town?
San Clemente has done a great job of adding new
sports fields but I have no idea whether or not
there are enough to keep up with demand. San
Clemente could use more pickleball courts but
preferably not at the expense of tennis courts.

Also, SC could use space for community gardens.

In my dream world, we'd have a fantastic outdoor
amphitheater because SC has the best climate in
the world.
74 92673
Variety of play structures themes and, green space.

Clean restrooms and most of all SHADE!
75 92673
Walking and bike paths, shady areas with benches
and picnic areas, off leash dog space, pickleball
courts of course!  Open space to toss frisbees and
sit in the fresh air, plenty of parking...

As Pickleball has become so very popular with all
ages, we need more courts in San Clemente and we
need courts with lighting.  Thank you!!!
76 92673 Water feature and splash pad with beach theme
77 92673 Water play areas.  Turfed off leash dog areas. 78 92673
We have a lot of homeless, especially at the beach
and I never know if they will be at the park or
beach. Cleaning the bathrooms for visitors daily
and keeping homeless away would help.
79 92673
We have so many Pickleball players who like to
compete.  By giving us more courts (with lights) we
can make San Clemente a destination for not only
Pickleball courts but as a destination for
Competitions as well.  We already have a fabulous
city, known for its beaches, trails and great
restaurants, lets add competitive pickleball to an
already wonderful list of things to do in San
Clemente.

ATTACHMENT 3 Page 14 of 34
147
80 92673
We need more basketball courts in the city to
support our youth basketball programs. A space
with multiple courts and multiple baskets.  We also
need a community garden somewhere in town.

San Clemente is in need of a park with multiple full
basketball courts to support our growing youth
basketball community. Currently there are not
enough full courts that allow our youth programs
to run efficient practices. The city could rent out
the courts for a small fee and allow local NJB and
club programs to run their youth practices (much
like Aliso Niguel does with El Lazo).   San Clemente
also needs a community garden.
81 92673 We need more Pickleball courts
Use the City’s spaces wisely.  There are too many
vacant tennis courts. Please listen to Marty
regarding pickleball courts!
82 92673
what the public wants the most and is beneficial to
the community
Get to work and make our parks more usable and
attractive
83 92673 ADD MORE PICKLEBALL
84 92673
All bathrooms should have doors on the stalls. It is
very upsetting that a lot of the bathrooms on San
Clemente do not have that. Very unsafe for my kids.
85 92673
Another skate park or expanding our current skate
park is much needed! Thanks!
86 92673 Community garden!
87 92673
Get in touch with the younger generation and their
desires
88 92673
I feel like Pickleball and bike areas would be a great
addition to San Clemente.  Both of these sports
cater to all ages and levels.  Both provide exercise
for small or large gatherings.
89 92673
I love the idea of a community
garden/permaculture space. That would be unique,
community‐focused and promote healthy living.
90 92673
If a skatepark or skateboard area is to be made
please reach out to people in the community for
ideas on the design. Most skateparks seem like
they are not built by skateboarders and make it
more dangerous and difficult to use.
91 92673
It would be amazing to have a bigger pickleball
complex with more courts and lighting and be able
to offer league play to more people. The pickleball
courts are overrun for the growing sport that it is.

With the beautiful weather year round, pickleball is
an amazing sport for all ages to enjoy. With more
facilities I think San Clemente could become more
of a hub for pickleball tournaments in the future.

Please consider making a dedicated pickleball
space with lit courts so people can play into the
evening hours.

ATTACHMENT 3 Page 15 of 34
148
92 92673 Love the idea of
a pump track!!
93 92673 Make sc skatepark bigger and better
94 92673
Make the mixed use tennis/pickleball courts at San
Gorgonio totally pickleball. Tennis players do not
use the courts. Return pickleball use to all drop in.
95 92673
Many beach community members own pets. Not
having enough pet friendly spaces eliminates
community members from enjoying parks and
public spaces. Many other cities (Laguna Beach,
etc) offer this. We shouldn't have to leave our town
to benefit from this.
96 92673
More hang out all day spots for kids and families.

Variety of activities at one place! Love the pump
track in San Diego!! We need more pump tracks
and BMX trails in San Clemente.
97 92673 More pickleball courts please
⅘
98 92673 More Pickleball courts with lights
99 92673 More Pickleball courts.
100 92673 More skatepark
101 92673 Need more open pickleball courts
102 92673 Oceanside, ca for example has
5 skateparks.
103 92673
One skatepark south of Laguna is not enough for
the kids.
104 92673 Paved off
‐street bicycle paths are far too scarce
105 92673 Pickleball at Talega Park PLEASE!
106 92673
Please update the parks to reflect our kids needs!
We need more bams/bike paths and pickleball
courts. SanG is slammed with people and it’s our
only option in town to play. Lights would be great!
Thank you!
107 92673 Restrooms
108 92673
The PPA (Professional Pickleball Association) is
holdinga tournament in June at Lifetime Rancho SC
andI don't know if the City is fully aware of the
amount of tourism this will bring to our city. All top
rated professionals in the sport are signed up to
play.I am working with Pro Dave Weinbach of
Winsconsin to build his clinics while he is in town to
compete and currently there are no pickleball
courts available for him to use. This is the fastest
growing sport currently and San Clemente could
really benefit by adding more state of the art
lighted courts for residents and visitors/tourists to
use while vacationing here. Added security or
cameras at all park parking lots would be ideal to
reduce the theft happening currently. Lastly, more
updated water fountains and restrooms are sorely
needed as well. Thank you!
ATTACHMENT 3 Page 16 of 34
149
109 92673
We appreciate you asking for community feedback.

Thank you!
110 92673 We need a world class stadium for sports
111 92673
We need more dedicated PickleBall courts with
lights for night play to accommodate our ever
growing population. Restrooms are also needed at
all parks. I have been a resident of Capo Beach and
own my own home in SanClemente since 1984.

Pickleball is truly a family sport and our community
needs to support its growing numbers whole
heartedly. Yes, we are a Spanish village by the sea,
& there has always been outdoor recreation for
public use. Our beaches are important for sure,
both I believe there is room for everyone if we plan
ahead and move forward towards growing outdoor
sports.
112 92673
We need more PIckleball courts and they need to
be lit
113 92673
We need more pickleball courts in San Clemente
with lights.
114 92673
We need more Pickleball courts. Pickleball is the
fastest growing sport in America.
115 92672
A designated area with circuit training for fitness.

Maybe like AARP sets up in some parks across US. Thank you for community survey! 116 92672
\ Artwork :  sculpture, painted happy rocks, in rock
garden, or along entry or pathway, San Clemente
flower, tree, fish,  etc. Enforcement of Ordinances
117 92672
A better skatepark, the town is so known for action
sports & it’s amazing surfing breaks, however the
skatepark needs an upgrade to be in line with the
better parks of today. Surfing & Skateboarding are
very connected & the twin should consider this. We
have a lot of very nice parks, however the
skatepark is dated & was even a bad design for the
time
Thanks for all the rad parks, we’re new parents,
lived in San Clemente for 20yrs+ and have a new
appreciation for the town because of the high
quality parks for the kids. No where better to be
than here. Thank you!!
118 92672 A Lighted Pickleball venue with 12 courts.

Pickleball started Four years ago with only a few
players.  Now San Clemente has more then Two
Thousand active players.  All ages  love this
Fun,Fitness and Friends New and Old.
119 92672
A skatepark upgrade is badly needed for San
Clemente. It has such a strong surf/skate culture
and the current park is old, run down, and poorly
laid out. I drive to TUstin several days a week to go
to a decent skatepark. none
ATTACHMENT 3 Page 17 of 34
150
120 92672 A skatepark with Spanish style incorporated in it.

My 3 kids and I travel to surrounding cities 3+ times
a week for better skateparks. Our skatepark is
dated and deteriorating. There is a vacant lot up
against the current skatepark that is perfect for
expansion. I have skated SC park since it opened
and would love to see a better park for the next
generation to enjoy. There is room at other parks
around the city to build  a new one as well. The
current skatepark is tucked away in the business
park, kids can’t access safely without a ride from an
adult. This city is very board sport oriented, please
take that into consideration. Thanks
121 92672
A south county area for Archery. We have a lot of
avid outdoors people here in San Clemente. Some
who shoot wherever they can find secluded space
or in backyards. Having a safe place in a park to
shoot would be a great thing in our community
Biking is a fast growing market all over the world
and San Clemente is starting to be known as a
place with amazing trails for mountain biking.

Having a bmx pump track will help with the skills
for the youth.
122 92672 A surfboard shaped table or bench and dog statue Pickleball is growing very fast   We need a lot more
courts and lights  A professional tournament is
coming in June to lifetime so we need it on the
map for the future and new revenue
123 92672 a water feature park would be nice
lighted courts would be nice even if you have to
pay for the time, or they are on a timer to go off
when not in use
124 92672 Ability to enjoy the ocean views
It’d be wonderful to add doors and toilet seats to
the women’s restrooms. This way people can stay
and enjoy the parks longer.
125 92672
Add lights to San G for pickleball. Add more
pickleball courts around San Clemente. We need
another skatepark and a pump track for the kids.

Please put in lights for the pickleball courts. Please
put in a pump track and another skatepark.
126 92672 Adding more activities for kids and families.

Please include updating the skateparks as well as
adding more skateable  features.     Thank you
127 92672
Amphitheater. A place where people could gather
for music besides the pier area. Light pickle ball courts at San Gorgonia Park 128 92672
An area for kids to run around In water. I’ve been
to many splash pads. It’s such a great addition
129 92672
Architectural custom design of the elements to be
creative and have an ocean motif not just common
products.
130 92672 Architecture
Bonito canyon park has huge potential and is
hardly used especially the baseball field. It would
be used often if more amenities were added
131 92672 Art
132 92672
Artistic murals or sculptures of staples of San
Clemente, like the Trestles sculpture at San Luis
Rey Park!
133 92672 Bathrooms at every park Please put a bathroom at Linda lane ATTACHMENT 3 Page 18 of 34
151
134 92672
Beach access and protected bike/walking paths
connecting our entire recreational infrastructure! A
San Clemente safe fun path that connects all
existing trails and parks and allows for pedestrians
and cyclists to safely travel throughout San
Clemente.

Please consider expanding our bike lanes and
pedestrian trails. The changes that were made to
the PCH bike trail are so great, and many citizens
would love to see more of that. Having a safe way
to run/bike/travel throughout San Clemente could
truly make us unique and set the stage for other
cities to follow suit! And it would be a genuine
move towards improving citizens' quality of life
(unlike putting in crowded In n Outs and giant
Amazon warehouses and lame outlet malls). Thank
you!
135 92672 Beach themed playgrounds Please add restroom to Linda lane 136 92672 Beach trail access More Pickleball courts. Upgrade large dog park. 137 92672

BEACH/SAND VOLLYBALL COURTS AND SPLASH

PADS ON THE PLAY AREAS

NICE BATHROOMS MAKE ALL THE DIFFERENCE IN
PARKS; IT DETERMINES WHETHER WE GO TO THAT
PARK OR  NOT.
138 92672 Being a resident
Yes.  More pickle ball courts.  Even if it means
charging for reservations.
139 92672
better maintained court sports. Most have cracked
concrete.
140 92672
Better Off leash dog parks & pump tracks,
skateparks
141 92672
Bigger better modern playgrounds for all ages with
restrooms and picnic pavilions and artwork from
local artists
142 92672 Bmx bike/pump tracks and more skate parks
Please add more bmx bike /mountain biking
related locations
143 92672
Clean well maintained parks, that include park
monitors to ensure safety and rule enforcement.

How about more bathrooms, and bathroom
monitors for safety. We should not be afraid to
enjoy our parks and facilities. There are too many
drug addicted vagrants around.Put safety of the
park goers first.

Master plan some changes on the tiny streets close
to parks. Monitor the crowds and parking situation.

Have staff available at each park.
144 92672 Clean, open area, easy parking
145 92672
Clean/Safe. Active use not passive. Place for
activities/events/community get together.

We have a great park system for a town our side.

However, only add what you can honestly
maintain. Existing playground equipment around
town is shabby/poorly cared for. Ditto the
restrooms. Lack of enforcement of dog rules, etc.
146 92672
Cleaned regularly. Native, drought tolerant plants.

Better features for the ecology.

I’d like to see more paved protected roads for
bikes. Also, more areas to rinse off from beach.

Plus, conscious decisions to support our native
wildlife, like birdhouses got barn owls. More native
plants.
147 92672 Cleanliness and park upkeep.

ATTACHMENT 3 Page 19 of 34
152
148 92672
Combine surf and skate culture by adding a
skateboarding pump track (example: Pacific
Highlands Ranch Pump Track in San Diego) to the
area with artwork from local iconic artists (murals,
sculptures, etc).

Skateboarding features are desperately needed.

Many children from all backgrounds in San
Clemente have fallen in love with this sport and our
city needs to foster this positive outlet by providing
a safe, clean, and comfortable place for these
children to go to. Lights help too (and I applaud you
for adding those at the Steed park) because there is
not much for kids and teenagers to do in town
once the sun goes down. When you provide a
space for kids to keep busy, they stay off the
streets and out of trouble.
149 92672 Community garden!
Please put a community garden. I will volunteer
any time!
150 92672
Community gardens would be a wonderful addition
to San Clemente parks
151 92672
Create a solid kids hang out for tweens and teens
(not moms and kids). Give them a space to make
special. Link up with BGCA to help create
Add more dog friendly spaces and off leash dog
areas.
152 92672 Decent dog parks
Need a dog park in San Gorgonio Park .  Space on
freeway side is available and already fenced on one
side.  Also need dog access to ocean ‐ tired of
driving to Laguna Beach for dog beach
153 92672
Distinct artful elements that lend itself to the soul
of san clemente
A proper restroom at each park is key! More
attractions for the 6‐10 yr old crowd like Pump
Track or splash pad would be amazing!
154 92672

EMBRACING OUR WORLD FAMOUS SURFING,
SKATEBOARDING HERITAGE. EMBRACING OUR

MULTITUDE OF SCHS SPORTS CHAMPIONSHIPS

AND FURTHER CEMENTING OUR SPOT AS A CITY OF

ATHLETES AND TEAM SPIRIT
Thank you for all your hard work, now that we can
be outside more let’s cherish it and not take it for
granted! I am a proud local and SCHS alumni and I
truly think growing up in SC made me the healthy
competitive athlete I am today. I tell people I’m
from San Clemente with pride. Now that I’ve just
graduated from college and am coming back to my
hometown I’d really like to see more things to do
for people my age(27). It’s hard to be social and
active at times in San Clemente without involving
alcohol sadly. Not everyone surfs, skateboards,
plays sports or even have access to those things;
Let’s change that!
155 92672 Family friends skate features.
156 92672 Family oriented
157 92672
Features for multi age groups.  Skateboard features
at each park.

I would love to keep receiving surveys or help with
opinions. I have 3 children (4, 11, 14) and have
lived here for 15 years.  [email protected]
Thank you improving our parks! We love them!
158 92672 Gardens and lights
ATTACHMENT 3 Page 20 of 34
153
159 92672
Good baseball and softball fields.  San Clemente is
the laughing stock of Orange County with terrible
fields.  With our perfect weather we should be the
envy of OC sports, instead we look like an
impoverished town.

Stop charging sports leagues exorbitant fees and
delivering the worst field conditions in the region.
160 92672 Good for young children
I think the playgrounds are good. Just maintain
them. Basketball courts somewhere other than just
at Via Turqueza
161 92672 Grass area, lighting, restrooms and playground Irvine parks are a great example to consider 162 92672 Grassy aéreas, easy access, walking paths. Properly maintained restrooms is a must. 163 92672 Great activities for kids
This is so exciting !! PleaSe focus on San Luis Rey
there is such a large community that uses this park.
164 92672
Have a pump track and a skatepark designed by the
people who live here. The other skatepark was
great until we found out how much of our tax
dollars went to it and we could have had a really
cool park if all the money wasn’t spent on a stupid
bathroom/ conssesion area that is never used
Please, I’m getting old . I was born at San Clemente
hospital in 86. We need a  real skatepark and a
pump track. I love you
165 92672
Having a skatepark or pump track near the beach.

And we need a dog beach! More skateparks!
166 92672
Hints of Spanish village by the sea architecture.

Educational plaques about history, flora, Wildlife Thank you for considering public input. 167 92672 Historical facts/statues at each park. Thank you :)) 168 92672
I feel like all other city parks are so much more
updated than ours so maybe start there.

So many people in town here love Linda Lane. It
would sure be nice to see the playground updated
maybe a little bit larger and some restrooms
169 92672
I like how secluded it is. Not too many outside
visitors. However, the playground is dangerous, my
niece fell and broke her wrist on the monkey bar
type and it floods all the time it rains. It needs
holes on the railing to let the water drain.

Keep the lawn bowling area as a dog park. Several
dog owners use it and have tried to keep it clean.

It’s the only spot on the south side that dogs can
play.   If it needs to be shared, then an activity for
teens like a basketball area would be nice. The only
close by basketball court is at concordia school and
the kids have already been kicked out since it’s
private property. Teens have not other places to
hang out and play.
170 92672
I still feel San Clemente is the last old beach town
in SoCal.  properly kept parks are a big part of this
small town feel
171 92672
If it was a beer garden    If it offered a garden plot
for every resident/owner (not renters)    If it
included the detailed maintenance efforts that the
Talega Association bathrooms do    If it was
ordinance to limit parking and illegal activities such
as drugs, camping, or loud behavior ‐ with a
regularly agreed upon patrol (AM/PM) by our
sheriff.

Design and Planning are important elements; but
there is simply no greater priority with a well
designed park/bathroom/park feature than
maintenance...maintain parks like you would your
own yard.

ATTACHMENT 3 Page 21 of 34
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172 92672
Incorporating soutwest Spanish Village feel.  Also, I
would love to see some improvements to Max
Berg.  I am disappointed that it’s not even being
considered.  It’s one of the largest parks in the city
and it is in really rough shape.

I would love to see some improvements to Max
Berg.  I am disappointed that it’s not even being
considered.  It’s one of the largest parks in the city
and it is in really rough shape.   Please consider
doing some improvements to the buildings
benches picnic tables and general landscaping.
173 92672 Investing in the local skate culture
174 92672
It would be cool to add more bike and skate
features and make them all open to public. no
175 92672
It would be fantastic if the city put stall doors in
restrooms. How embarrassing to live in one of the
nicest towns and have no privacy in our park
bathrooms.

Put swings in playgrounds for able bodied kids; not
baby swings, not handicapped swings ‐ just regular
old swings.  I think the city missed the mark BIG
TIME when it redesigned Max Berg park and put in
that boring play structure; big kids (elementary
aged) ride their scooters and skateboards on it
because there is nothing challenging for anyone
over 4 years old. Give them good slides and good
swings as well as the climbing elements.
176 92672
just make it safe and clean, bathrooms are a must
!!!
177 92672
Katherine Stovall‐Dennis' tile artwork ‐ Old Spanish
flare ‐ themed
Community Gardens available to the public would
be wonderful.  People who live in apartments or
who have no yards would find this activity a stress
relief, mental health healing and also those
suffering from food shortage could be served.
178 92672
Keep it small, avoid major crowds and allow locals
to enjoy.  avoid structures such as bathrooms and
excess structure that takes away the beauty of the
beaches.

There are enough bathrooms in the beach areas.

No need to add bathrooms and additional
structures to the parks near the beaches such as
Linda Lane.  We enjoy sitting quietly on the
benches and watching the beach from the park
without major crowd, structures and crowds in this
small neighborhood area.
179 92672
Keep the open space for walking and picnic
lunches. Less structures, more trees.

Keep in mind that a lot of senior citizens enjoy the
calmness of the parks.
180 92672
Keep with Beach city themed landscaping. Coral
trees, palms, etc.

I live across from Bonita Canyon  Park and love this
park. Biggest improvement for short term would be
to improve lighting and add more trash cans.
181 92672 Lighted pickleball courts, frisbee golf More pickleball courts 182 92672
Lighting on pickleball courts at San G. And all courts
perm at pickleball courts
Make san G all permanent  pickle ball courts with
lighting. The sports is growing so fast
183 92672 Lights
184 92672 Lights for kickball courts.

Make the Pickle ball courts all designated courts
and install liglights.
185 92672 Lights on the Pickleball courts.

Lights on the Pickleball courts!!!! And convert the
tennis courts for Pickleball courts only.

ATTACHMENT 3 Page 22 of 34
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186 92672
Lights so the parks and courts can be used for more
hours.

Pickleball is huge. Make more permanent pickleball
courts with lights, please!  An amphitheater is a
great idea too.   Dog park for large dogs that has
grass and shade.  Big dogs get hot and need shade
and something to lay down on to relax for a bit.

They should not have to lay in the dirt and need a
bath after leaving a dog park
187 92672
Linda Lane is a great park for SC; Beach access,
beautiful view, neighborhood feel to it. Well done!
Pickleball is the fastest growing sport in the US.

Retirement communities are built around this
sport; We need lots more courts to meet the needs
of our community
188 92672 Live music venues, pickleball, volleyball
189 92672
Local art ‐ See Coeur De Alene ID parks, Mammoth
Volcom Skate Park, Carlsbad Skate Parks.

Please look at the overall community and how
special the different subcultures are. For instance
Surfing & Skateboarding are professional sports
and are being introduced into the Olympics. The
number of pro athletes that that stem from these 2
sports from our community is quite impressive.

As well as the many talented artists that live in our
community.     My family often travels to other
cities just to have the ability to visit a Park that
offers something for the whole family. Our city can
do much better!     Also ‐ kids like swings, please
put swings back in at the San Louis Rey Park.
190 92672 Local artwork, murals, sculptures Please MORE Pickle ball & bathrooms! Thank you 191 92672 More beach volleyball courts on beach itself
192 92672 More dog friendly areas. More flowers
193 92672
More organized pickleball leagues with players
with out partners sign ups (Mission Viejo does a
great job of this).  More pickleball courts.  Upgrade
existing pickleball courts and put lighting in
pickleball courts (Talega did a good job of their
lighting of courts).  More shade and benches at
pickle ball courts.  Pretty landscaping like Mission
Viejo and Talega. Please light the courts at San Gorgonio. 194 92672 More pickleball courts More pickleball courts please! 195 92672 More Pickleball courts We need more pickleball courts soon. 196 92672 More Pickleball courts
197 92672 More pickleball courts
198 92672 More Pickleball courts Lights for Pickleball courts!! 199 92672
More pickleball courts and definitely sand
volleyball. I know of no sand volleyball courts
besides at the beach.

More Pickleball courts! How about at Verde Park.

Currently there is a tennis court. Can it also include
pickleball court lines for those that would like to
bring in their own nets
ATTACHMENT 3 Page 23 of 34
156
200 92672 More pickleball courts with lights
Have to travel to other cities to play pickleball
because San Clemente is always full. The online
reservation is a broken process. Tustin has a great
reservation system and don’t mind paying to
reserve.
201 92672 More pickleball courts would be amazing!!!!
More pickleball courts please!!! We have so many
players in our town and hardly any courts! No
courts that have lights!!! Would be SO amazing!
202 92672
More pickleball, concessions or food trucks with
more areas such as picnic tables to dine.

Definitely need an amphitheater for outdoor
events.
203 92672 More pickleball.

Please put more PickleBall courts in our parks and
please bring back pickle ball courts in San Louis Rey
204 92672 More shade More shade
205 92672 More shade
206 92672 More skate stuff
207 92672
More Skateboard obstacles and some pump tracks
to bikes
208 92672 More skateboarding features no
209 92672
Mural showing sc life linked to images of active
sports life in sc   More sand volleyball courts.

Dog owners need to keep there dogs in yard not in
public open space.  City needs to have more park
rangers and or enforcement of rules and regs...
210 92672
Nice quiet little community park for area residents
to use.

It’s a nice lite park for area residents to enjoy.

Creating more activities will bring people from
other areas that won’t appreciate the park.  Put in
activities for area residents to use.  The play
equipment is née and safe for kids to play on.
211 92672 night lights
212 92672 nothing beats being by the beach
we really need a new skateboard park. Our old one
is outdated and probably one of the worst
skateparks in southern california.
213 92672 Ocean view
214 92672 Ocean view amphitheater More water fountains ! 215 92672 Ocean view close to beach. Thank you for your service. 216 92672 Ocean views
Local 8 pickleball courts are too crowded, so I drive
several days a week to Nellie Gail or Ladera. Thank
you for seeking public input.
217 92672 Ocean views
Need more pickleball courts with lights! Tennis
courts are empty most of the time. Can hardly get
a pickleball court reservation at San G. You want
the parks to be used? More pickle ball courts will
fill them.
218 92672 Ocean Views
Please consider the residents who reside near the
park so excessive noise is discouraged
219 92672 Ocean Views
If you add more pickleball courts to SC you will
have a ton of happy residents! Check out how
many court reservations were made this past year!
ATTACHMENT 3 Page 24 of 34
157
220 92672 Ocean views Keep up the good work
221 92672 Ocean views
The tennis court at Bonito Canyon Park has been
closed for 10 (ten) years. Our neighborhood loves
and wants that court space. We want lights and
fully completed sidewalks surrounding our park. Do
not turn this into a grassy knoll that will be inviting to young gang members and vagrants. We want
tennis, pickleball and lights please
222 92672 Ocean views and access to the beach trail
Please protect the beauty and uniqueness of Linda
Lane Park.  Families come to enjoy the playground
and others to enjoy the ocean views and beach
access.  The installation of sport fields/ courts
would change the dynamic.
223 92672
Ocean views.  Amphitheaters are nice but parking
must be available...ie there is no parking at Linda
Lane so no amphitheater there. Please provide more Pickleball courts. 224 92672
Offer more pickleball options in San Clemente,
fastest growing sport in America. Offer more
concessions or food trucks and more picnic tables
for dining. Amphitheater for outdoor concerts and concessions 225 92672 Ole Hanson style
Poo big dispensers , there every where in Newport
and I don't see much shit im a ups driver down
there see a lot.  Kids parks get used as exercise
parks so at least a pull up bar for adults away from
kids area . Oh and to whoever MORE SAND AT ARE
BEACHES !
226 92672 Open areas for families to enjoy gatherings.
227 92672
Open grass space where we can picnic and
ampitheater where we can enjoy public concerts,
movies, etc
228 92672 Open space, clean.
229 92672 Open space, great views
230 92672 Open well maintained public spaces
Please consider how tight Linda Lane park is
already both in limited space and parking/beach
access.  We already have issues of vagrants
sleeping on our deck, adding public restroom will
encourage more of that faction to our
neighborhood.

ATTACHMENT 3 Page 25 of 34
158
231 92672
Our San Clemente lifestyles are embedded in
surfing and skateboarding.  We need to embrace
that and provide positive skateboarding areas all
over town.  We can bring our beautiful culture and
creativity to skateparks that add to the overall
experience and life of our town.   Skateparks can be
built beautifully and show the true character of San
Clemente.  They are big draws to outsiders to come
spend the day and therefore bring revenue to out
city.

SKATEPARKS ARW NEEDED DESPERATELY!!  Fact..

The most used park in San Clemente is the
Skatepark.     It’s out dated and the youth of the
town desperately need more areas to skate.  Or
they will take to the streets and skate.   Behind
surfing skateboarding is the next most participated
activity of our youth.   Positive and creative.  Invest in our skateboarding youth.   There are more than
enough baseball/ soccer fields in this town.  Also
plenty of children’s playgrounds but as the kids
continue to grow older they are thrown to the
wayside especially if they are into Skateboarding.
232 92672
Parks are places we run into friends at, we can
enjoy picnics at and physical activity for all ages. It is a space that creates community
Keep it simple, focus on the areas of current parks
that aren’t being utilized, and improve those areas.

Focus on areas that are dilapidated and need
repair. Don’t change the areas that are already
working .
233 92672
Parks that are made for the residents and what
they actually do instead of allowing outside groups
such as the pickleball groups rally for court sun
town when many were not residents.

I still believe the master plan doesn’t not
accurately reflect the residents and park users of
San Clemente. The city should have hired a local
company to put it together that understood the
liefestyle of sc.
234 92672
Permaculture Community Edible Gardens with Fruit
Trees berries medicinal plants and native plants +
events and workshop spaces for local people to
share garden and sustainability skills (Lucian Toma)
Please Consider Opening San Clemente to urban
organoc and regenerative farming ‐ provide some
grants!
235 92672 Permanent beach art on buildings
236 92672 Pickle ball
237 92672 Pickle ball courts No
238 92672 Pickleball
Pickleball is the fastest growing sport in the country
because all ages can play. More space needs to be
dedicated to the spory
239 92672 Pickleball all over the city Improve the dog parks and make more of them 240 92672 Pickleball courts Consideration in adding additional Pickleball courts 241 92672 Pickleball courts possibly even for tournament play Please more public Pickleball courts with Lights 242 92672 Place for art work We need a park with ducks and a lake! 243 92672 place to play thank you
244 92672 Playgrounds
245 92672
Playgrounds should have nice soft flooring, not
wood chips. Better quality park equipment with a
variety of equipment for different ages. Walking
paths for exercise and better manicured grass.

ATTACHMENT 3 Page 26 of 34
159
246 92672
PleSe include skateboarding in paved pump tracks
it’s not just for bikes
Please include paved pumptrack/ it doesn’t specify
here if you’re talking about dirt or paved when
referring to bmx track so people don’t know what
they’re voting for here. Skaters want a paved pump
track to share with bmx
247 92672
Pump track, lights at skatepark, water
feature/splash pads, updated restrooms.

Nature based play and parks thanks!! We love San
Clemente!
248 92672
Rad vibe and cool people. Clean bathrooms, cold
drinking fountains and pickleball courts
everywhere!!! Pickleball courts with lights please!!!!
249 92672
Re: playground: Fun theme, adaptability, water
features Can’t wait!!
250 92672 Reservations for fire pits
251 92672
Safe paths to the parks from the neighborhoods.  It
would be great if kids could ride their bikes to a
park.  It would make the community safer for them.

With the growth in popularity of ebikes.. we should
have bike racks.  That way we don't have to get in
our cars to get there.  I love it when San Clemente
can offer car‐free transportation.
252 92672 safety
253 92672
San Clemente Historical Elements like Spanish Tiles,
fountains
The safety of Bonita Canyon Park needs to be a
priority. Its in the HEART of SC and surrounded by
proud SC tax‐paying residents. Please help us :)
254 92672
San Clemente is growing.  Clean living, the youth
and legacy are what make it home. Community
gardens, more accessible skateboarding and BMX/
Mountain biking / motocross are great.  Maybe
more places to lock up bikes once these changes
are made. Please continue to think about the youth.
255 92672 Sand Volleyball courts and a community garden We need good sand volleyball courts with
adaquate bathrooms and shaded areas. And we
could really use a community garden. I think many
people would benefit and participate
256 92672 Shade
Please add some splash pads/water features to our
parks.
257 92672 Shade and beach communities focused
More shade and trees and natural areas for kids to
explore like Courtney Sand Castle and restrooms
please
258 92672
Signage, images of the City’s history (murals,
monuments), improved connectivity between the
parks and the neighborhoods they serve.

Thank you for undertaking this project.  The coastal
parks have been a bit neglected over the past 20
years, with so much focus on inland development.
(This is not a judgment, just an observation.). In
addition to addressing park amenities, we hope the
plan will also consider ways to improve access to
the parks, especially for nearby residents.
259 92672
Simplicity and natural beauty.   Keep it simple and
uncluttered.

Residents in the area of Linda Lane Park appreciate
and enjoy the quiet, natural beauty of the area, the
beach trail, the coastline, and the beach.  We don't
want to make the park a busy, noisy and cluttered
place.  Thank you.

ATTACHMENT 3 Page 27 of 34
160
260 92672
Skate culture, more dog parks would be great (esp
if allowed somewhere on beach!)
Would really love for San Clemente to have more
dog friendly beaches & parks. Thanks for all you do!
261 92672 Skate pArk  Pickle ball  Tennis  Lighted fields Yes.  Keep and upgrade tennis courts.   Add pickle
ball court and court lighting systems at bonito and
expand and add skate parks for kids
262 92672
Skate park, BMX track, Zip lining feature/rock wall
climbing. More extreme sports.
263 92672 Skate park/splash pad!
Whatever you do please do not use the lawn
bowling for pickleball at SLR. Please. It would also
be really great to have some kind of fencing at
Linda Lane to prevent kids from running into the
street.
264 92672
skateboard features included in all parks, this is a
skateboarding town more skateparks
265 92672 SKATEBOARDING
266 92672 Skateboarding elements City needs more skateboard friendly areas 267 92672
Skateboarding features. San Clemente is a
surf/skate town. I live on the south side of town
and have two little girls age 2/4. Even though they
don’t skate yet, this would be a great value add to
the now defunct lawn bowling court. It would be
amazing for the neighborhood. Far more valuable
than another pickle ball court.

Skateboarding is t just a sport for young juvenile
delinquents, it’s as legit as youth soccer these days.

Involvement in expressive action sports like
skateboarding activity fosters healthy outdoor joy
in a non structured environment.
268 92672
Skateboarding parks!!!   San clemente needs a
bigger skatepark or another skatepark for our kids
in our community.  San clemente have many
talented and upcoming skateboarder athletes and
they need the space to practice this new Olympic
sport. Thank you
Please built a bigger skatepark or another
skatepark in San clemente.
269 92672
Something for all age kids to do, keep the teens
busy too and give them somewhere to go
270 92672
Spanish style architecture, sand & water play
features, surf‐themed play structures/design
271 92672 Spanish Villa aesthetic, ocean themes
272 92672 Splash pad, zip line playground
Please update Bonito Canyon Park‐add swings,
shade, play structure with some climbing options. I
have a 5 and 2 year old and my 2 year old is too
little to play on much of the park because of the
many climbing areas and ladders to climb on slides
are too big and therefore makes us have to
frequently skip this park even though it’s within 3
min walking distance from our home. We want to
utilize a playground that’s right here in our
backyard more but need it to have things for both
bigger and littler kids in order for the little kids to be safe.

ATTACHMENT 3 Page 28 of 34
161
273 92672 Splash Pads
The Barn Park in Talega is incredibly dangerous
when it’s wet / rainy weather. I would suggest
adding slip resistant tape or texture to the ground
of the physical structure so the kids don’t slip.
274 92672
Splash pads, just even the simple kind where the
water just separates up out of the ground out of
several spouts on a timer, or a timed in‐ground
mister like at spectrum. And bathrooms at every
park that are clean.

Yes, Courtney's sandcastle‐ that tide pool water
feature is a nightmare. There is not one parent I've
talked to in 6 years that likes this water feature.

Kids get injured on it constantly from climbing on it
or in it, falling off of it, and it's a drowning hazard too! What a liability! Couldn't you put a really
simple in‐ground water splash thing that pops
water out of the ground on a timer? Or mists water
out of the ground on a timer? The woman who
designed the current tide pool water feature didn't
even have children of her own and IT SHOWS. Can't
this be redesigned to be toddler and baby
safe/friendly? It's ridiculous.
275 92672
Stop using pesticides and herbicides. We live at the
beach, and kids play at these parks!
Again, please stop spraying weed killer all over
these parks (and the rest of the town). Roundup
and other types are full of known carcinogens
which should never be used around humans,
especially children.
276 92672
Taking advantage of the views of the ocean and
brings community together.

Please consider converting the unused tennis court
in Bonita Canyon to a pickle ball court. Dog “bag”
poles to Bonita canyon too please.
277 92672 Tennis Courts Please fix second tennis court at Bonita Canyon. 278 92672
The Alga Norte park in Carlsbad has good features,
all while sort if “blending” into landscape and
looking a little beachy. Also the new Encinitas park
with ball fields, playground and skatepark.

Please travel and look st other parks in new
communities so you can see firsthand what they
are doing. Esencia near Ladera Ranch had some
interesting features. Also down south. And Irvine.

There is an Instagram account that highlights some
parks,  not sure how great it is... but something to
look at. It’s @goparkplay. I have also visited parks
in Laguna, Newport, CDM.
279 92672 The beach!
My neighbor was knocked down the hill on Avenida
De La Estrella by his little dog, over the hill and
ending up down the hill and puncturing a lung. He
used to be a healthy man, but now he is
experiencing a closed down lung, and having fluid
containing in his body. He is having trouble, and he
may die. This is not a joke. This park is a great
place, but is always ignored by the city. You have
done a great job at the lower side of the park, but
the Eastern side has always been ignored, and
things like this happen. Please address this issue.

We need a sidewalk, all the way from the front of
the park and a nice stairway down from Placentia,
where the whole neighborhood walks.

ATTACHMENT 3 Page 29 of 34
162
280 92672
The ocean view and peaceful surroundings at San
Gorgonio Park make this park perfect as it is.

Please don't add a dog park. I have walked my dogs
to this park everyday for 10 years and watch
281 92672 The ocean, the view!
282 92672
The parks are great, but sometimes I don’t stop at
Bonita of there are homeless hanging out at the
picnic benches. I do like how well it is taken care of
283 92672 The playground and the outside surroundings I don’t think parks should have would chips 284 92672
The proximity to the ocean and beach trail make
Linda Lane Park unique.

I would like to see Linda Lane Park remain a small
park geared towards families and small children.

The installation of a basketball court or other
sports facilities would ruin the character of the
park.
285 92672 The Spanish architecture and the ocean views
Please do not make parks a place for thugs or
homeless to hangout or invade
286 92672 The views from San Gorgonio are amazing.

Trails are so awesome! People bring dogs anyway,
so why have laws against them?
287 92672
These new play sets aren’t great. The old one at
san G is great but needs a face lift and to get rid of
the sand. Also needs better lights on basketball
court. And please put some tennis courts back
These new weird climbing only things are parks are
awful like the one between the freeway and
shorecliffs middle school. The Target park is hands
down the best park for all ages of kids! Can you add
some paddle tennis courts like the ones at
shorecliffs beach club.... it’s more fun then pickle
ball
288 92672 THEY ALREADY ARE
289 92672
They are perfect. Save the money, help the
homeless  And keep streets clean.

We appreciate the thoughts. Please keep streets
cleaner and help the homeless problem.
290 92672
Those near the ocean should prioritize beach and
beach trail access which is uniquely SC.
291 92672
Trees  Plants labeled  Chess, backgammon
tables—board engraved into tops, people bring
their own pieces and own chairs?
Make them different form each other....give them
distinct personalities.  Hire different landscape
architects.
292 92672 Trestles skatepark and pool
The golf balls are a bit hazardous so no one really
uses the grass by the course, which is where the
best shade is. The old lawn bowling area is never
used until this year when the gate was unlocked,
but only for a few dogs. There are lots of kids using
this park and that space would be better used for
them. Bathrooms are used a lot by families and
road bikers, but also drug deals. I like the lack of
stall doors and privacy which limits illegal activity :) Some open (non baby) swings would be a nice
addition
293 92672
Unique?? Any off leash dog provisions. I’ve never
been in a community that is so ridiculously anti
dogs. Be courageous and innovative
294 92672 View if ocean
295 92672 View of the ocean
ATTACHMENT 3 Page 30 of 34
163
296 92672
Wall murals. Sustainable features. Connection to
surf culture
Consider growth of E‐bikes and golf carts in
planning. Demand for car parking will likely decline
over next decade
297 92672 water park   skate parks
298 92672 Water play, dog friendly areas, shade
299 92672
We currently have about 500 people playing
pickleball in San Clemente and we only have 8
courts, 4 are multi‐sport and none of the them
have lights. We need many more quarts to
accommodate the people that live in the
community enjoy enjoy playing pickleball.

They are building many pickleball courts in other
communities, why not us? We have a growing
population who enjoy playing pickleball, but we are
all frustrated because we only have 8 courts, with
no lighting, and that is far from enough. They have
just finished building eight new pickleball courts
with lights in Lake Forest, eight new pickle ball
courts with lights in Rancho Mission Viejo, and six
pickleball courts with lights in Carlsbad. The
Yucaipa, California pickleball club just received
$400,000 from the city of Yucaipa to build a new
facility with 12 pickleball courts with lights.

Pickleball is here to stay. Also we have a huge
tournament coming to San Clemente Life Time
Fitness where they will transform all of their tennis
courts to pickleball courts for the tournament.

There will be 52 quarts total for the tournament.

People from all over the country will be in our
community. This will happen towards the end of
June and we will have the top players in the world
play pickleball here in our community. We have
two months to go and there already or 500
entrance, I hope someone from the city is paying
attention to this needed sport.
300 92672
We have lived next to Linda Lane Park for 20 years.

We believe the existing uses and infrastructure
matches the neighborhood.
301 92672
We need more Pickleball courts. Add lights for
Pickleball.

We need more Pickleball courts. Lights would be
great.
302 92672
We should be a Pickleball destination for all of
southern california. Tournaments, etc. More Pickleball please 303 92672
Would be nice for each park to have their own dog
park.  The current ones are so hot during the
summer.

Nice parks means more homeless.   Something
needs to be done to keep the homeless and pedos
in vans away from the parks where kids are playing.
304 92672
All tennis courts not being kept in safe condition, as
in Bonita Canyon.  Tennis courts being converted
into other things.  The need to call in early Monday
around 6 a.m. to be able to reserve a morning
court for any day of the week.  Also noisy lawn
mowers and edgers being used at popular morning
activity times.  I appreciate your asking for our
ideas and concerns.

ATTACHMENT 3 Page 31 of 34
164
305 92672
Appeal the Dog Beach in San Clemente and
educate the community on where the dog beach
would have gone, most residents assume it would
be by the pier orT‐Street which are popular to
residents. The vast majority had no idea where it
was proposed.
306 92672
being allowed to reserve tennis court play time is
great.  Keep it.
307 92672 Clean restrooms more frequently.
308 92672 Dog park please
309 92672
Doggie poop bag stands would eliminate any
excuse for not picking up after one's dog.  Picnic
tables at San Gorgonio Park are in need of painting
and the decomposed granite picnic area could use
refurbishing.  Overall, we love the park as is.
310 92672
Don’t make ita place comfortable for homeless.

Make one entrance for safety    Simple is better,
less maintain, think timeless not trend,     Lock
bathrooms at night
311 92672
I am not in favor of basketball or other loud sports
at Linda Lake Park.  This park is well utilized by
families and allows family groups to gatherb
312 92672
I appreciate the efforts of the San Clemente City
Council to expand pickleball courts in town.

Unfortunately, the demand has grown faster than
the facilities.  To reservea court at San G,I usually
have to log into the website at 6:00 AM, as the
courts are all booked within minutes.  That is whyI
go out of town...because there are no courts
available.  As one of fastest growing sports in the
nation, it would be great to expand court
availability in the future.  Thank you.
313 92672
I love our neighborhood San Gorgonzola park.

There is something for everyone except dog
owners. The north east section of the park adjacent
to the freeway is not used and would bea cost
efficient spot fora dog park.  It is already fenced on
one side and it doesn’t have to be too large. Just
enough space for our dogs to run and chasea ball.

There isa park in the south east part of town on La
Pata. That isa long way for us on the north west
part of town.   I would like to see some time if day
when dogs could be on the beach. All the other
coastal cities have beach hours for dogs.
314 92672
I love tennis andI am very grateful for being able to
use the different courts that San Clemente is
offering.

ATTACHMENT 3 Page 32 of 34
165
315 92672
I would likea dog friendly park.
316 92672
Improvements in cleanliness of restrooms, soap
included and parking access
317 92672
It would be amazing to give the skateboarders of
San Clemente something to be proud of. San
Clemente offers and gives back so much to the surf
community and virtually nothing to the skate
community. Skateboarding will make it’s debut in
the olympics this year. Every other training facility
for every other “sport” is provided in San Clemente
besides this one. Skateboarding provides self
worth, creativity, individuality, drive, friendship,&
acceptance. lets invest in  our youth!
318 92672
Lighted Pickleball courts!— we’re desperate for
them.
319 92672
Linda Lane Park is perfect just the way it is. Linda
Lane Park isa great park for families with young
children.
320 92672
Linda Lane park suits the needs of the local
residents! My hope is the Master Plan team
recognizes the parks close proximity to multiple
residential units and the impact to the residents
that would accompany an expansion of increased
noise, traffic, liter, loitering, etc.  Linda Lane isa
neighborhood gem and it would sadden me to see
it become something the neighborhood cannot
handle.   Warm regards,  Julie
321 92672
Linda lane REALLY needs bathrooms that  are kid
friendly. Kids are always having to go to the
bathroom in the bushes.
322 92672
Making an improvement to the san Luis rey park
would help to improvea struggling part of town
and to keep people and their dogs off of the golf
course in the evening.
323 92672
Max Berg park is in need of an update to the park
and restrooms badly.
324 92672
More bike paths not for commuting but for
recreation
325 92672
More shade at all parks please   And at least one
splash pad somewhere
326 92672
More windscreens on the tennis courts if that's
possible?  Maintaining the tennis courts, weekly or
often enough to keep them clean.
327 92672 Need more pickle ball courts
328 92672 Need to provide Dog Bag dispensers.
329 92672 no
330 92672 No
331 92672 No bathrooms at Linda Lane Park.  Please!
ATTACHMENT 3 Page 33 of 34
166
332 92672 Off leash dog beach please!
333 92672
Pickle ball and Tennis are generally in the most
demand. Need both courts constantly.
334 92672
Pickleball, the fastest growing sport in the USA,  we
need more courts and lights for night play
335 92672
Please consider adding enough lighted fields for
girls softball so the kids have access to fields and
batting cages that are lighted and can support the
number of teams in our city.  They have a great
program that is being under supported by the city
compared to other sports in this city.
336 92672
Please don’t make San Luis Rey a dog park, we
have too many children who use the park, and little
space for cars to park. Expand the grass area into
the old lawn bowling area,
337 92672
Please more surf incentive around the city, local
surf contests, surf classes, workshops for
kids/teens with local professional surfers!
338 92672
Please NO skateboard park or basketball courts at
Linda Lane!
339 92672 Please put in a pump track
340 92672 Please update restrooms!!!
341 92672
Please, no restrooms at Linda Lane Park. Thank you
for allowing feedback.
342 92672
Request additional PickleBall Courts & request
lighting.
343 92672
San Clemente needs more Pickleball courts with
lighting
344 92672
San Luis Rey needs an update where the lawn
bowling was! Make that space a skate park or bike
jump. More seating there!
345 92672 Thank you for creating a master plan.
346 92672
Thank you for fixing one tennis court.  Another
court was left out this time.
347 92672
The parks need more pickleball courts. San
Gorgonio is overrrun, while San Luis Rey is empty
all the time.   Also, put in a putting green and
chipping / sand trap area in an unused section of
any of the parks, maybe at San Luis Rey ?
ATTACHMENT 3 Page 34 of 34
167
Park: Steed Memorial Date: February 24, 2022
Demolition
Item Quantity Unit Unit Cost Total Remarks
Tree Removal 15 ea $1,500 $22,500
Landscape Demo           35,075 sq ft $2.00 $70,150 Shrubs or turf area Hardscape Demo             1,810 sq ft $4.50 $8,145
Parking lots, paving, basketball court, resurfaced
tennis court
Mass Grading 1 LS $250,000 $250,000
Fine Grading        699,612 sq ft $0.60 $419,767
Total $770,562
Landscape
Item Quantity Unit Unit Cost Total Remarks
Sod        400,757 sq ft $2.00 $801,514.00 Includes soil preparation Ground Cover           91,025 sq ft $2.00 $182,050.00
Includes soil preparation and mulch, assumes #1
36" OC
Shrub Area           44,797 sq ft $5.00 $223,985.00
Includes soil preparation and mulch, assumes #5
36" OC
Small Tree                311 ea $450 $139,950 24" Box
Specimen Shade Tree 24 ea $4,800 $115,200 60" Box, for shading of bleachers Palm Tree 21 ea $10,000 $210,000
New Irrigation        536,579 sq ft $2.50 $1,341,447.50 to connect to existing irrigation system Irrigation Upgrade 1 LS $25,000.00 $25,000 Upgrade to weather sencing/ETO controller Total $3,039,146.50
Hardscape
Item Quantity Unit Unit Cost Total Remarks
New Curb and Gutter             1,900 lf $25.00 $47,500 New Parking Lot           30,737 sq ft $5.00 $153,685
Sidewalks/Paths           64,771 sq ft $6.50 $421,012 CIP concrete, no color added, broom fininsh Mountain Bike HubDG             5,020 sq ft $3.50 $17,570.00 Pickle Ball Court           26,880 sq ft $25.00 $672,000.00 post tension slab, sport court finish Beach Volleyball           16,000 sq ft $9.75 $156,000.00 Skate Hub Plaza           19,350 sq ft $15.00 $290,250.00 CIP concrete, resiliant paint surface, mural by
artist
Stairs                305 linear ft $45.00 $13,725.00
Total $1,771,742
Special Features
Item Quantity Unit Unit Cost Total Remarks
MH ‐ Restroom 1 ea $200,000 $200,000
MH ‐ DG Pump Track 1 ea $250,000 $250,000
MH ‐ Asphalt Pump Track 1 ea $400,000 $400,000
MH ‐ Shade Structure 1 ea $25,000 $25,000
MH ‐ Picnic Tables 6 ea $3,500 $21,000
MH ‐ Interpretive Signage 1 ea $25,000 $25,000
SH ‐ Skate Bowl             2,300 sq ft $60 $138,000
SH ‐ Children/Beginer Park             7,320 sq ft $40 $292,800 SH ‐ New Skate Park           26,700 sq ft $50 $1,335,000 SH ‐ Picnic Tables 6 ea $3,500 $21,000
SH ‐ Café Tables 25 ea $2,500 $62,500
BH ‐ Foul Ball Netting 4 ea $25,000 $100,000
BH ‐ Scoreboards 4 ea $30,000 $120,000
BH ‐ Updated Lighting 4 ea $250,000 $1,000,000
RH ‐ Small Dog Park Fence                215 lf $40 $8,600 Vinyl coated chain link, 5' tall RH ‐ Large Dog Park Fence                385 lf $40 $15,400 Vinyl coated chain link, 5' tall RH ‐ Dog Park Gates 4 ea $2,000 $8,000 Vinyl coated chain link RH ‐ Dog Park Shade Structure 2 ea $80,000 $160,000 Includes structure and furnishings RH ‐ Outdoor Classroom 1 ea $150,000 $150,000 Includes structure and furnishings RH ‐ Restroom 2 ea $200,000 $400,000 one each at pickle ball and outdoor classroom RH ‐ Volleyball Nets and lines 4 ea $12,000 $48,000
RH ‐ Pickle Ball Fencing and Net 15 ea $40,000 $600,000 RH ‐ Pickle Ball Lighting 15 ea $50,000 $750,000
RH ‐ Pickle Ball Social Hub 1 ea $200,000 $200,000 Includes shade structure and furnishings Benches 19 ea $2,500 $47,500
Overlook Structure 1 LS $50,000 $50,000
Total $6,427,800
Subtotal $12,009,250.20
Mobilization and General Conditions (10%) $1,200,925.02 Contingency (15%) $1,801,387.53
Grand Total $15,011,562.75
Estimated Development Costs
ATTACHMENT 4
168
Steed Memorial: Skatepark Hub
Date: February 24, 2022
Demolition
Item Quantity Unit Unit Cost Total Remarks
Mass Grading 1 LS $37,500 $37,500
Fine Grading           39,098 sq ft $0.60 $23,459
Total $60,959
Landscape
Item Quantity Unit Unit Cost Total Remarks
Ground Cover           19,547 sq ft $2.00 $39,094.00
Includes soil preparation and mulch, assumes #1
36" OC
Shrub Area                201 sq ft $5.00 $1,005.00
Includes soil preparation and mulch, assumes #5
36" OC
Small Tree 29 ea $450 $13,050 24" Box
Palm Tree 21 ea $10,000 $210,000
New Irrigation           19,748 sq ft $2.50 $49,370.00 to connect to existing irrigation system Total $312,519.00
Hardscape
Item Quantity Unit Unit Cost Total Remarks
Skate Hub Plaza           19,350 sq ft $15.00 $290,250.00 CIP concrete, resiliant paint surface, mural by
artist
Total $290,250
Special Features
Item Quantity Unit Unit Cost Total Remarks
SH ‐ Skate Bowl             2,300 sq ft $60 $138,000
SH ‐ Children/Beginer Park             7,320 sq ft $40 $292,800 SH ‐ New Skate Park           26,700 sq ft $50 $1,335,000 SH ‐ Picnic Tables 4 ea $3,500 $14,000
SH ‐ Café Tables 15 ea $2,500 $37,500
Total $1,817,300
Subtotal $2,481,027.80
Mobilization and General Conditions (10%) $248,102.78
Contingency (15%) $372,154.17
Grand Total $3,101,284.75
ATTACHMENT 4
169
Steed Memorial: Baseball Hub
Date: February 24, 2022
Demolition
Item Quantity Unit Unit Cost Total Remarks
Fine Grading         231,217 sq ft $0.60 $138,730
Total $138,730
Landscape
Item Quantity Unit Unit Cost Total Remarks
Sod         231,217 sq ft $2.00 $462,434.00 Includes soil preparation Specimen Shade Tree 24 ea $4,800 $115,200 60" Box, for shading of bleachers New Irrigation         231,217 sq ft $2.50 $578,042.50 to connect to existing irrigation system Total $1,155,676.50
Special Features
Item Quantity Unit Unit Cost Total Remarks
BH ‐ Foul Ball Netting 4 ea $25,000 $100,000
BH ‐ Scoreboards 4 ea $30,000 $120,000
BH ‐ Updated Lighting 4 ea $250,000 $1,000,000
Total $1,220,000
Subtotal $2,514,406.70
Mobilization and General Conditions (10%) $251,440.67
Contingency (15%) $377,161.01
Grand Total $3,143,008.38
ATTACHMENT 4
170
Steed Memorial: Mountain Bike Hub
Date: February 24, 2022
Demolition
Item Quantity Unit Unit Cost Total Remarks
Hardscape Demo 850 sq ft $4.50 $3,825
Parking lots, paving, basketball court, resurfaced
tennis court
Landscape Demo           30,646 sq ft $2.00 $61,292 Shrubs or turf area Mass Grading 1 LS $37,500 $37,500
Fine Grading           30,320 sq ft $0.60 $18,192
Total $120,809
Landscape
Item Quantity Unit Unit Cost Total Remarks
Sod             2,809 sq ft $2.00 $5,618.00 Includes soil preparation Shrub Area           22,491 sq ft $5.00 $112,455.00
Includes soil preparation and mulch, assumes #5
36" OC
Small Tree 15 ea $450 $6,750 24" Box
New Irrigation           25,300 sq ft $2.50 $63,250.00 to connect to existing irrigation system Total $188,073.00
Hardscape
Item Quantity Unit Unit Cost Total Remarks
Mountain Bike Hub DG             5,020 sq ft $3.50 $17,570.00 Total $17,570
Special Features
Item Quantity Unit Unit Cost Total Remarks
MH ‐ Restroom 1 ea $200,000 $200,000
MH ‐ DG Pump Track 1 ea $250,000 $250,000
MH ‐ Asphalt Pump Track 1 ea $400,000 $400,000
MH ‐ Shade Structure 1 ea $25,000 $25,000
MH ‐ Picnic Tables 6 ea $3,500 $21,000
MH ‐ Interpretive Signage 1 ea $25,000 $25,000
Total $921,000
Subtotal $1,247,452.00
Mobilization and General Conditions (10%) $124,745.20
Contingency (15%) $187,117.80
Grand Total $1,559,315.00
ATTACHMENT 4
171
Steed Memorial: Parking Hub
Date: February 24, 2022
Demolition
Item Quantity Unit Unit Cost Total Remarks
Hardscape Demo 960 sq ft             4.50$ $              4,320.00 Parking lots, paving, basketball court, resurfaced
tennis court
Fine Grading           42,420 sq ft $0.60 $25,452
Total $            29,772.00
Landscape
Item Quantity Unit Unit Cost Total Remarks
Ground Cover             1,918 sq ft $2.00 $3,836.00
Includes soil preparation and mulch, assumes #1
36" OC
Shrub Area             3,579 sq ft $5.00 $17,895.00
Includes soil preparation and mulch, assumes #5
36" OC
Small Tree 99 ea $450 $44,550 24" Box
New Irrigation             5,497 sq ft $2.50 $13,742.50 to connect to existing irrigation system Total $80,023.50
Hardscape
Item Quantity Unit Unit Cost Total Remarks
New Curb and Gutter             1,900 lf $25.00 $47,500 New Parking Lot           30,737 sq ft $5.00 $153,685
Sidewalks/Paths             6,186 sq ft $6.50 $40,209 CIP concrete, no color added, broom fininsh Total $241,394
Subtotal $351,189.50
Mobilization and General Conditions (10%) $35,118.95
Contingency (15%) $52,678.43
Grand Total $438,986.88
ATTACHMENT 4
172
Steed Memorial: Recreation Hub
Date: February 24, 2022
Demolition
Item Quantity Unit Unit Cost Total Remarks
Tree Removal 15 ea $1,500 $22,500
Landscape Demo             4,429 sq ft $2.00 $8,858 Shrubs or turf area Mass Grading 1 LS $175,000 $175,000
Fine Grading         356,556 sq ft $0.60 $213,934
Total $420,292
Landscape
Item Quantity Unit Unit Cost Total Remarks
Sod         166,731 sq ft $2.00 $333,462.00 Includes soil preparation Ground Cover           69,559 sq ft $2.00 $139,118.00
Includes soil preparation and mulch, assumes #1
36" OC
Shrub Area           18,526 sq ft $5.00 $92,630.00
Includes soil preparation and mulch, assumes #5
36" OC
Small Tree                168 ea $450 $75,600 24" Box
New Irrigation         254,816 sq ft $2.50 $637,040.00 to connect to existing irrigation system Irrigation Upgrade 1 LS $25,000.00 $25,000 Upgrade to weather sencing/ETO controller Total $1,302,850.00
Hardscape
Item Quantity Unit Unit Cost Total Remarks
Sidewalks/Paths 58585 sq ft $6.50 $380,803 CIP concrete, no color added, broom fininsh Pickle Ball Court           26,880 sq ft $25.00 $672,000.00 post tension slab, sport court finish Beach Volleyball           16,000 sq ft $9.75 $156,000.00 Stairs                305 linear ft $45.00 $13,725.00
Total $1,222,528
Special Features
Item Quantity Unit Unit Cost Total Remarks
RH ‐ Picnic Tables 2 ea $3,500 $7,000
RH ‐ Café Tables 10 ea $2,500 $25,000
RH ‐ Small Dog Park Fence 215 lf $40 $8,600 Vinyl coated chain link, 5' tall RH ‐ Large Dog Park Fence 385 lf $40 $15,400 Vinyl coated chain link, 5' tall RH ‐ Dog Park Gates 4 ea $2,000 $8,000 Vinyl coated chain link RH ‐ Dog Park Shade Structure 2 ea $80,000 $160,000 Includes structure and furnishings RH ‐ Outdoor Classroom 1 ea $150,000 $150,000 Includes structure and furnishings RH ‐ Restroom 2 ea $200,000 $400,000 one each at pickle ball and outdoor classroom RH ‐ Volleyball Nets and lines 4 ea $12,000 $48,000
RH ‐ Pickle Ball Fencing and Net 15 ea $40,000 $600,000 RH ‐ Pickle Ball Lighting 15 ea $50,000 $750,000
RH ‐ Pickle Ball Social Hub 1 ea $200,000 $200,000 Includes shade structure and furnishings RH ‐ Benches 19 ea $2,500 $47,500
RH ‐ Overlook Structure 1 LS $50,000 $50,000
Total $2,469,500
Subtotal $5,415,169.10
Mobilization and General Conditions (10%) $541,516.91
Contingency (15%) $812,275.37
Grand Total $6,768,961.38
ATTACHMENT 4
173
Prepared By: SWA
February 24,2022
Cost Summary per Hub
Skatepark Hub $3,101,284.75
Baseball Hub $3,143,008.38
Mountain Bike Hub $1,559,315.00
Parking Hub $438,986.88
Recreation Hub $6,768,961.38
Total $15,011,556.38
Exclusions: Construction Documents, Utility Upgrades, Utility Relocation, Unknown Conditions, Inflation, Surveys, Additional Studies, Storm Water Upgrades Opinion of Probable Cost ‐ Steed Park Breakdown
ATTACHMENT 4
174
ATTACHMENT 5
RESOLUTION NO. 23-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, CERTIFYING AN INITIAL

STUDY, ADOPTING A MITIGATED NEGATIVE

DECLARATION AND ADOPTING A MITIGATION,

MONITORING AND REPORTING PROGRAM FOR THE
RICHARD T. STEED MEMORIAL PARK/BARON VON

WILLARD DOG PARK MASTER PLAN UPDATE
WHEREAS, the City of San Clemente is considering adopting an update to the master plan for Richard T. Steed Memorial Park/Baron Von Willard Dog Park (hereinafter referred to as the “Project”); and
WHEREAS, the proposed Project includes (1) improvements to existing park features; (2) construction of various new park structures (i.e. pickleball facility, pump/bike track, and sand volleyball courts) and features including the relocation of existing park features (i.e. dog park); (3) utilities improvements; and (4) project site amenities (including structures, trellis, stairs) and landscaping; and
WHEREAS, an Initial Study, Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program were prepared and circulated to the public for review and comment at the State Clearinghouse (2023030298) for the required thirty (30) days from March 8, 2023 to April 10, 2023; and
WHEREAS, on May 2, 2023, the City Council of the City of San Clemente held a duly noticed public hearing and received and considered information, evidence and testimony provided before and at such hearing concerning the proposed Project and related environmental documents; and
WHEREAS, this Resolution reflects the independent judgment and analysis of the City as the lead agency and is based upon the Initial Study/Mitigated Negative Declaration, the Mitigation Monitoring Program, any comments received, any information the City Council gathered by viewing the site and the area as disclosed at the hearing, and any other evidence presented at the hearing.

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

Section 1. The City Council finds and determines that the above recitations are true and correct.

Section 2. The City Council finds and determines on the basis of the whole record before it that there is no substantial evidence that the Project will have a significant effect on the environment, because the mitigation measures described in the Initial Study/ Mitigated Negative Declaration in conjunction with the Mitigation Monitoring and Reporting Program will reduce the potentially significant environmental effects of the Project to a less than 175
Resolution No. 23-24 Page 2
significant level.

Section 3. The City Council approves and certifies the Initial Study for the Project.

Section 4. The City Council approves and adopts the Mitigated Negative Declaration for the Project.

Section 5. The City Council approves and adopts the Mitigation Monitoring and Reporting Program for the Project.

Section 6. The City Council authorizes and directs staff to file a Notice of Determination in accordance with Public Resources Code section 21152.

Section 7. The Beaches, Parks & Recreation Director is the custodian of record for those records making up the record of the proceedings for the Mitigated Negative Declaration. Those records are retained in the Beaches, Parks & Recreation Department of the City of San Clemente.

Section 8. 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 ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
176
Resolution No. 23-24 Page 3

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
177
ATTACHMENT 6
4857-3748-3615 v1
RESOLUTION NO. 23-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING THE RICHARD
T. STEED MEMORIAL PARK MASTER PLAN, MAKING A

FINDING OF COMPLIANCE WITH THE SAN CLEMENTE

CENTENNIAL GENERAL PLAN AND AMENDING
RESOLUTION NO. 03-32
WHEREAS, on April 1, 2003, the City Council of the City of San Clemente adopted Resolution No. 03-32, approving a master plan for Richard T. Steed Memorial Park; and WHEREAS, the Centennial General Plan recommends an update to the Beaches, Parks and Recreation Master Plan; and
WHEREAS, the City of San Clemente Beaches, Parks and Recreation Master Plan must remain consistent with the Centennial General Plan Element BPR-2.04; and WHEREAS, the recommended update to the Richard T. Steed Memorial Park Master Plan was developed by using the input and ideas provided by the community and key staff members, as well as other sources of information including the physical characteristics and location of the site; the core values of the San Clemente community; and the City's parks and recreation needs; and
WHEREAS, on December 14, 2021, and February 14, 2023, the Beaches, Parks & Recreation Commission reviewed and recommended that the City Council approve the Richard T. Steed Memorial Park Master Plan update; and
WHEREAS, the City Council is being asked to make a finding of compliance with the Centennial General Plan; and
WHEREAS, on May 2, 2023, the City Council held a duly noticed public hearing on the subject application and considered evidence presented by the City staff, and other interested parties; and
WHEREAS, on May 2, 2023, at said duly noticed public hearing, the City Council adopted Resolution No. 23-___confirming and certifying the findings of the Initial Study pursuant to CEQA Section 15063(d) and adopting and approving the Mitigated Negative Declaration and Mitigation, Monitoring and Reporting Program for the master plan update; and
WHEREAS, these changes require an amendment to the existing master plan resolution for Richard T. Steed Memorial Park, Resolution No. 03-32.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
178
Resolution No. 23-25 Page 2
4857-3748-3615 v1
Section 1. The City Council finds that the above recitations are true and correct.

Section 2. The City Council finds and determines as follows with regard to the Richard T. Steed Memorial Park Master Plan update:

A. The proposed Park improvements comply with the objectives of the San Clemente Centennial General Plan, and the purpose and intent of the zone in which the development is being proposed in that the proposed project is consistent with the Land Use Element and the Conservation and Open Space Element of the Plan in that is has been determined that no designated open space encroachment will occur as a result of the development of this project.

B. The site is suitable for the type and intensity of development that is proposed in that it is a regional-scale public park surrounded by commercial, industrial, and open space development.

C. The proposed update will not be detrimental to the public health, safety, or welfare to properties in the vicinity, in that it serves recreational and open space needs defined as beneficial to public health, safety, and welfare in the Centennial General Plan and Beaches, Parks & Recreation Master Plan, and it will be constructed to meet all building, health and safety codes, or guidelines for public parks and buildings.

D. The proposed update will minimize or eliminate adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design, or location. It serves recreational needs previously considered and planned, which mitigate the pressures of urban development.

Section 3. The City Council finds that the adoption of the final Richard T. Steed Memorial Park Master Plan is necessary, desirable, and in the public interest. The City Council hereby adopts the final Richard T. Steed Memorial Park Master Plan, attached hereto and incorporated herein and referenced as Exhibit “A” as if set forth in full. In this adoption in full, the City Council hereby reclassifies the subject park as a Regional Park.

Section 4. Resolution No. 03-32 is hereby amended to the extent necessary to be consistent with this Resolution.

Section 5. 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 ____________________, 2023.

ATTEST:
179
Resolution No. 23-25 Page 3
4857-3748-3615 v1
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
180
Resolution No. 23-25 Page 4
4857-3748-3615 v1

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
181
Resolution No. 23-25 Page 5
4857-3748-3615 v1
Exhibit “A”
182

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: A.

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

APPROVAL OF A FIRST AMENDMENT TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT WITH PRECISION CIVIL ENGINEERING, INC. FOR THE HOUSING ELEMENT

REZONING PROGRAM
Summary:

This item is a contract amendment for planning services to be completed by Precision Civil Engineering to assist staff with implementation of the Housing Element Rezoning Program. The original Agreement of $50,000 served to begin the work at the end of last year and meet the state mandated deadline. This amendment will capture the remaining scope of work of the contract amount not to exceed $104,000, for a total increase of $54,000. Without the performance of this work, the City would be at risk of having its Housing Element decertified.

Background:

At the April 18, 2023 City Council meeting, the City Council voted to continue this item in order for staff to provide more information on the contract and work to be performed. The City Council requested more details on the original contract execution, including its bifurcation and the reason behind the request to increase the agreement’s cost.

State mandated deadlines and timing of the work to be completed by the consultant resulted in the bifurcation of the contract agreement and the resulting change in the contract amount before the City Council. Prior to the state’s certification of the City’s Housing Element Update in October of 2022, staff was unsure if the State Department of Housing and Community Development (HCD) would certify the element before the state mandated deadline of October 16, 2022. In preparation for either outcomes, staff needed to plan accordingly, which included preparing and posting a Request for Proposal (RFP) to hire a consultant to assist staff with implementation of the housing rezoning programs proposed in the draft plan. In the event HCD did not certify the City’s Housing Element by the October 2022 deadline, the proposed implementation of housing programs, including rezonings, had to be completed by December 31, 2022.

During the summer of 2022, it took two rounds of the RFP process to obtain a qualified and available firm to implement the programs in the proposed Housing Element Update. The update included 17 housing programs that require the City to designate sufficient land at appropriate densities and in appropriate locations to accommodate the City’s share of regional housing needs and to facilitate the production of high-quality affordable housing. As the Housing Element Update approached the state mandated October 16, 2022 deadline, an interim $50,000 contract was executed in order for the consultant to begin the work immediately, in the event the Housing Element was not certified.

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Meeting Date: 5/2/2023 Agenda Item: A.

On October 12, 2022, the state certified the City’s Housing Element update.

Discussion:

The State’s Department of Housing and Community Development (HCD) required all cities and counties to update their Housing Element by October 2022. Not having a legally compliant Housing Element consist of many potential repercussions such as General Plan inadequacy, legal suits and attorney fees, loss of permitting authority, streamlined ministerial approval process, and financial penalties by the court.

Planning consulting services are necessary to assist staff with this effort to meet the state mandated deadline. This included, publishing a request for proposal, selecting a consultant, and beginning work immediately on the Housing Element Rezoning Program. The rezoning program includes expanding the affordable housing overlay, zoning ordinance amendments, and development of objective design standards for multi-family projects. This is the scope of work PCE is tasked with to complete by the end of 2023.

As stated previously, during the Summer of 2022, staff published an RFP for planning consultant services. Staff evaluated the proposal based on selection criteria including schedule, experience, cost, and approach to meeting the City’s needs. After interviewing Precision Civil Engineering (PCE), staff selected them to review, assess, and prepare the Housing Element Rezoning Program. PCE’s proposal for fees for services to complete the project were a total of $104,000. PCE is an established, full-service firm, and has over 55 years of professional Planning, Landscape Architecture, and Civil Engineer, with extensive experience in housing programs implementation.

On October 3, 2022, the interim City Manager authorized an initial Professional Services Agreement with PCE for $50,000, the amount of the City Manager’s contract authority, to start work on the Housing Element Rezoning Program (Attachment 2). The Agreement served to allow the consultant to begin work before the end of the year to meet state requirements.

The City is required to implement programs in the Housing Element during the current housing cycle (2021-2029) to maintain certification status. This amendment will capture the remaining scope of work for a total increase of $54,000. The project is funded from two sources, the General Fund and a Local Early Action Plan (LEAP) Grant.

Council Options:
· Approve and authorize the City Manager to execute the First Amendment to the Professional Services Agreement with PCE to increase the not to exceed contract amount to $104,000. · Modify and authorize the City Manager to execute the First Amendment to the Professional Services Agreement with PCE.
· Continue the Item with direction to staff to provide additional information. · Deny the request to Amend the Professional Services Agreement and provide direction to staff.

Fiscal Impact:

The project is funded from two sources: the General Fund and $90,000 from the Local Early Action CITY OF SAN CLEMENTE Page 2 of 3 Printed on 4/27/2023
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Meeting Date: 5/2/2023 Agenda Item: A.

The project is funded from two sources: the General Fund and $90,000 from the Local Early Action Planning (LEAP) Grant from the State Department of Housing and Community Development (HCD).

Environmental Review/Analysis:

This contract amendment is not a “project” under CEQA.

Recommended Actions:

Staff Recommendation
Adopt Resolution No. 23-26 entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO PREPARE AND

EXECUTE FIRST AMENDMENT TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT BETWEEN PRECISION CIVIL ENGINEERING, INC. AND THE CITY OF SAN

CLEMENTE FOR PLANNING CONSULTING SERVICES TO IMPLEMENT THE HOUSING ELEMENT REZONING PROGRAM”.

Attachment:

1. Resolution 23-26

2. First Amendment to the Professional Consultant Services Agreement with PCE (Contract AC1099)

3. Professional Consultant Services Agreement with PCE (Contract AC-1099) Notification:

Notice not required.

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Attachment 1
4886-0475-7087 v1
RESOLUTION NO. 23-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO PREPARE AND EXECUTE THE FIRST

AMENDMENT TO THE PROFESSIONAL CONSULTANT

SERVICES AGREEMENT BETWEEN PRECISION CIVIL
ENGINEERING, INC. AND THE CITY OF SAN CLEMENTE

FOR PLANNING CONSULTING SERVICES TO IMPLEMENT

THE HOUSING ELEMENT REZONING PROGRAM
WHEREAS, on September 20, 2022, the City Council adopted the Housing Element Update in accordance with state law and before the state’s deadline of October 16, 2022; and
WHEREAS, on October 3, 2022, the interim City Manager authorized an initial Professional Services Agreement with PCE for $50,000, the amount of the City Manager’s contract authority, to start work on the Housing Element Rezoning Program (the “Agreement”); and
WHEREAS, on October 12, 2022, the Department of Housing and Community Development (HCD) certified the City’s Housing Element; and WHEREAS, the original Agreement of $50,000 served to begin the work at the end of last year and meet the state mandated deadline; and
WHEREAS, an amendment to the Agreement is needed to capture the remaining scope of work by increasing the contract amount to an amount not to exceed $104,000, for a total increase of $54,000; and
WHEREAS, this contract amendment for planning services to be completed by Precision Civil Engineering Inc. will assist staff with implementation of the Housing Element Rezoning Program and is in the public’s interest.

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.

The City Manager is hereby authorized and directed to prepare and execute an Amendment to the Professional Service Agreement with Precision Civil Engineering Inc. to provide planning consulting services to implement the Housing Element Rezoning Program to increase the not to exceed contract amount to $104,000 in substantially the same form as the amendment attached to this Resolution as Exhibit “A” and incorporated herein fully 186
Resolution No. 23-26 Page 2
4886-0475-7087 v1
by this reference.

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

PASSED AND ADOPTED this 2nd day of May, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
187
Resolution No. 23-26 Page 3
4886-0475-7087 v1

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
188
55452.01100\31193624.5
4856-2496-3423 v1

FIRST AMENDMENT TO

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR THE HOUSING ELEMENT REZONING PROGRAM
This First Amendment to Professional Consultant Service Agreement for planning services (this “First Amendment”) is made and entered into this _____ day of ________, 20___, by and between the CITY OF SAN CLEMENTE, a California municipal corporation ("City"), and PRECISION CIVIL ENGINEERING, INC., a California Corporation ("Consultant").

RECITALS:

A. City and Contractor entered into a Professional Consultant Services Agreement for planning services (the “Agreement”) on October 3, 2022.

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

COVENANTS:

Section 1: Article 3.1 (Scope of Services and Term), section 3.1.2 of the Agreement is hereby amended to state that the contract will terminate when work is complete pursuant to the project’s adjusted schedule as referenced in Exhibit A.

Section 2: Article 3.3 (Fees and Payments), section 3.3.1 of the Agreement is hereby amended by increasing the total compensation amount from Fifty Thousand Dollars ($50,000) to One Hundred and Four Hundred Dollars ($104,000), an increase of Fifty Four Thousand Dollars ($54,000).

Section 3: Exhibit “B” (Schedule of Services) to the Agreement is deleted and replaced in its entirety by Exhibit “B” to this First Amendment, which exhibit is attached hereto and incorporated herein fully by this reference.

Section 4: Exhibit “D” (Compensation) to the Agreement is deleted and replaced in its entirety by Exhibit “D” to this First Amendment, which exhibit is attached hereto and incorporated herein fully by this reference.

Section 5: Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect.

ATTACHMENT 2
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55452.01100\31193624.5 4856-2496-3423 v1
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Its:_____CITY MANAGER_____________
______________________________ Dated: ____________________, 20____ CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

BURKE, WILLIAMS AND SORENSEN, LLP
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

PRECISION CIVIL
ENGINEERING, INC.
(“CONSULTANT”)
By:_____________________________
Edward D. Dunkel, Jr., CEO, Secretary,
CFO
Dated: __________________, 20____
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EXHIBIT "A"

SCOPE OF SERVICES
There are no changes to the Scope of Work as part of this First Amendment. Schedule of Services (Exhibit B) and Compensation (Exhibit D) are amended as follows:

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Exhibit “B”
Schedule of Services
Timeline
Month Deliverable/Task
January 2022  Property Owner Meeting Logistics
Workshop Save-the-Date Final Flyer
Draft Survey #2
 Stakeholder interviews scheduling, property owner meeting, Provide Comments on draft Survey, Property Owner Meeting Invitation
 Stakeholder interviews (January 23-Februry 9)
February  Stakeholder interviews (January 23-Februry 9)  Community Workshop Logistics
 Text Amendment/Rezone Approach and Outline
 Site Analysis Summary
 Open Public Survey (2/10/23-3/10/23)
Community Workshop (In-Person) (2/23/23)
March Community Workshop (Virtual) (3/1/23)
 Close Public Survey (2/10/23-3/10/23)
 Public Outreach Summary Memo
 Study Session Discussion
 Annotated Text Amendment/Rezone Approach and Outline
April  1st Draft Text Amendment
 1st Draft Rezoning Map
 2nd Draft Application Form/Checklist
May Design Review Subcommittee Meeting #1 05/24/23
June Design Review Subcommittee Meeting #2 06/14/23
 2nd Draft Text Amendment
 2nd Draft Rezoning Map
 2nd Draft Application Form/Checklist
 Draft Hearing Documents & Notices
July PC Study Session Meeting #1 07/19/23
 Drafting of Deliverables
 City Routing & Review
August-September PC Study Session Meeting #2 08/16/23
 Drafting of Deliverables
 City Routing & Review
October-November PC Meeting 10/18 or 11/08 – Tentative
December CC Meeting 12/05 or 12/19 – Tentative

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EXHIBIT "D"
Compensation
PCE's proposed budget is as follows:

TASK 1. PROJECTMANAGEMENT
Project Manager. ...................2 5 hours
Senior Planner ..................... 10 hours
Senior Associate Planner. .....30 hours
Assistant Planner ..................10 hours
TOTAL HOURS. ................... 75 hours
SUB-TOTAL. ........................ $13,000*
*Cost includes 21 check-in meetings
TASK 5. MEETINGS AND HEARINGS
Project Manager .................. 30 hours
Senior Planner. .................... 16 hours
Senior Associate Planner. ...... 16 hours
Assistant Planner. ................. 16 hours
TOTAL HOURS .................... 78 hours
SUB-TOTAL…....................... $14,000*
*Cost includes 2 Design Review SubCommittee, 1 study session, 2 Planning Commission, 3 City Council; assumes virtual
meetings with the exception of the first City
Council hearing
TASK 2. PUBLIC OUTREACH
Project Manager. ................. 1 0 hours
Senior Planner. .................... 10 hours
Senior Associate Planner ....... 20 hours
Assistant Planner ..................20 hours
TOTAL HOURS. ................... 60 hours
SUB-TOTAL. ........................ $11,500*
*Cost includes 1 community workshop, 1
property owner workshop, 1 community
survey, and 4 interviews
TASK 6. HEARING DRAFT AND

FORM/PROCEDURAL CHANGES
Project Manager .................. 5 hours
Senior Planner ......................5 hours
Senior Associate Planner .....10 hours
Assistant Planner ..................10 hours
TOTAL HOURS .....................30 hours
SUB-TOTAL.. ....................... $4,500
TASK 3. HOUSING ELEMENT REZONING

PROGRAM
Project Manager ..................3 0 hours
Senior Planner .....................6 0 hours
Senior Associate Planner .......6 0 hours
Assistant Planner. ................. 38 hours
TOTAL HOURS. ................... 188 hours
SUB-TOTAL. ........................ $29,000*
*Cost Includes CEQA document for rezone

DIRECT COSTS
Travel, Printing, etc ................ $4,000
SUB-TOTAL.. ....................... $4,000

TASK 4. OBJECTIVE DESIGN STANDARDS
Project Manager. ................. 30 hours
Senior Planner ..................... 60 hours
Senior Associate Planner ......60 hours
Assistant Planner ..................30 hours
TOTAL HOURS .................... 180 hours
SUB-TOTAL.. ....................... $28,000*
*Cost includes CEQA document for text
amendment
TOTAL COST NOT TO EXCEED: $104,000*

*Includes 10% built-in contingency
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ATTACHMENT 3
1949
19510
19611
19712
19813
19914
20015
20116
20217
20318
20419
20520
20621
20722
20823
20924
21025
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21227
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21429
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21631
21732

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: A.

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

CONSIDERATION OF PARK LEASE AGREEMENT FOR MINI GOLF FACILITY - VISTA

HERMOSA SPORTS PARK LEASE LAND
Summary:

Staff issued a Request for Proposals (“RFP”) for the development and operations of recreation services at the Vista Hermosa Sports Park (“VHSP”), located at 987 Avenida Vista Hermosa, within the designated lease land of the VHSP Master Plan. Staff received one proposal at the time of the RFP closing period. The proposal was submitted by Salty Turf LLC (“Salty Turf”). Staff reviewed the proposal and confirmed all minimum requirements of the RFP were met and is recommending the Council authorize the City Manager or his designee to enter into exclusive property negotiation for an initial period of three months to allow for Salty Turf and the City to make further considerations of a long-term lease. If approved, negotiations would set the City on a path toward leasing the land at the VHSP and further the City’s efforts to complete the build-out of the park master plan.

Background:

The City Council approved the La Pata/Vista Hermosa Park Master Plan on December 19, 2006, and it has been the guiding document for approvals of the aquatics center, sports fields, parking, sign program, and other development at the park. On November 17, 2009, the City amended the park master plan, providing for the inclusion of Courtney’s Sandcastle (an accessible playground) and a lease area to allow for private recreational offerings within the park. At that time, the City entered into a lease agreement.

In 2014, the City Council terminated the lease with the previous leaseholder due to a violation of condition(s) of the lease terms.

At its August 16, 2022 meeting, the City Council directed staff to consider an unsolicited proposal that was received for the development of the designated lease land at the Vista Hermosa Sports Park and consider the best options for continued considerations, including the desire to initiate a request for proposal.

Upon further discussion with the City Manager, staff proceeded with the issuance of an RFP. On December 19, 2022, staff issued an RFP for the development and operation of privately managed recreation facilities within the designated lease area at the VHSP. The property for lease includes a total of 1.18 acres of undeveloped parkland.

At the closing of the RFP on January 30, 2023, the City received one qualified proposal from Salty Turf.

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Salty Turf has proposed to develop and operate a 36-hole miniature golf course facility that would be open to the public. The development proposal includes a small concession area and clubhouse area that will be available to the community. Terms of the lease will be considered by the City Council at a later date. Details of the proposal are included in the Executive Summary in Attachment 2.

On February 14, 2023, the Beaches, Parks & Recreation Commission reviewed the Executive Summary prepared by Salty Turf and considered if the proposed project aligned with the overarching goals and objectives of the VHSP. The Commission voted (6-0-1, Feuerstein recused himself) to recommend the City Council proceed with the consideration of Salty Turf’s proposal.

Council Options:
· Approve Resolution 23-27 to authorize the City Manager to enter into exclusive property negotiations with Salty Turf LLC for the development of a mini golf facility. · Modify and approve Resolution 23-27.
· Continue the Item with direction given to staff related to the use of this parkland. · Deny Resolution 23-27.

Fiscal Impact:

Entering into negotiations will not have a fiscal impact. The potential lease would provide additional revenue through land rental fees. Lease amounts will be determined through negotiations.

Environmental Review/Analysis:

Under the California Environmental Quality Act (“CEQA”), the Applicant will be required to perform the appropriate environmental assessments and provide the findings to the City Council prior to entering into a long-term lease.

Recommended Actions:

Staff Recommendation
Staff Recommends the City Council adopt Resolution No. 23-27 entitled “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING EXCLUSIVE

NEGOTIATIONS WITH SALTY TURF LLC FOR THE DEVELOPMENT AND LEASE OF CITY PROPERTY AT 987 AVENIDA VISTA HERMOSA”
Attachment:

1. Parcel Map - Designated Lease Land at Vista Hermosa Sports Park

2. Executive Summary - Salty Turf, LLC. RFP Submittal

3. Resolution No. 23-27
Notification:

Salty Turf LLC
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Vista Hermosa Sports Park
Lease Opportunity Page 1/3

MAP OF OFFERED PROPERTY WITHIN VHSP
This map depicts the locations and distribution of the site available for lease.

Offered
Property
N
Neighborhood Map
ATTACHMENT 1
220
Vista Hermosa Sports Park
Lease Opportunity Page 2/3

PROPERTY OFFERED FOR LEASE
The Offered Property is located at 987 Avenida Vista Hermosa, San Clemente, California.

The Offered Property is undeveloped, partially graded land located within the Vista Hermosa Sports Park and is also known as the Lease Land with VHSP. The authorized uses of this space are for public recreation services operated by a private entity with options to include concessions.

1.18 acres
Lease Area
221
Vista Hermosa Sports Park
Lease Opportunity Page 3/3

GENERAL MANAGEMENT OBJECTIVES FOR OFFERED

PROPERTY
The City is seeking a concessionaire/tenant to develop the Offered Property into a recreation facility and upon completion of development, manage and operate the facility(ies). Issuance of a lease for the Offered Property is intended to enhance the existing sports park uses while conforming to the City of San Clemente Centennial General Plan.

The Lessee will be required to develop the property for recreation-based services and uses that are consistent with the conditions stated in the Draft Lease and the overall vision for the VHSP.
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The information specifically identified on pages of this submission contains trade secrets or confidential commercial or financial information that the Offeror believes to be exempt from disclosure under the Freedom of Information Act.

The Offeror requests that this information not be disclosed to the public, except as may be required by law.

Respondent Transmittal Letter
January 26, 2023
Beaches Park and Recreation
100 N. Seville
San Clemente, CA 92672
TO: Samantha Wylie, Beaches Parks & Recreation Director, [email protected] CC: Maile Stivers, Sr. Administrative Assistant, [email protected] Subject: BPR 12-2022 Park Lease for Recreation Services at Vista Hermosa Sports Park, Salty Turf Dear Samantha Wylie,
Salty Turf LLC owners Jeff Moore, Andrew Streett, and Marcus Vanneman all live in San Clemente with their families for 39 years, 14 years, and 3 years respectively would like to submit the following proposal to design and construct the Salty Turf miniature golf course located within the city-owned property of Vista Hermosa Sports Park centered at [33°27'36.2"N 117°36'26.3"W]. The development would be privately funded and would most importantly generate revenue for the City that could help offset park maintenance, increase pool lifeguards/staff, and/or increase value to the other family events that the park is so well known for.

The owners of Salty Turf LLC will own and operate Salty Turf miniature golf course based on over 120 years combined successful business operations. Jeff was born at the San Clemente hospital and has lived in town for many years with his wife and kids working as a very accomplished mortgage loan branch manager at New American Funding. Jeff is already heading up successful local development projects and have helped revitalize Del Mar’s expansion to offer more flavors and experiences to local residents. He is a volunteer and sponsor for San Clemente little league, San Clemente high school baseball team, Concordia Elementary school, Forster Ranch elementary schools, and local surf clubs. Andrew has lived with his wife and kids in San Clemente for the last 14 years and is an accomplish project and product Engineering Executive. Andrew and his wife have been very active in the community working with the San Clemente Aquatics Team, Waterbabies, supporting SC little league, volunteering with AYSO and Elite soccer clubs, and with Concordia Elementary school. Marcus, his wife and family also live in San Clemente and are very active in neighborhood activities and community events. We all truly love this city and everything it stands for and want nothing more than to add more fun, healthy, outdoor family activities like miniature golf! We have been inspired by the City’s Centennial General Plan, The Vista Hermosa Sports Park Master Plan, and the Beaches Park and Recreation (BP&R) Master Plans. The City has already supported amazing and beneficial projects including North Beach with several new restaurants, the outlets with a new movie theater, Del Mar’s transformation to open-air porch dining, the beach trail, the trolley, and the Vista Hermosa Sports Park. Specifically we are excited about the BP&R’s master plans for Bonito Canyon Park, Linda Lane Park, Richard T Steed park, San Gorgonio Park, and San Luis Rey Park. These are all prime examples of how the city enhanced the life’s and added family friendly activities to San Clemente’s already amazing beach-lifestyle. The addition of Salty Turf’s mini-golf activity in San Clemente is the next step in providing families and local community additional activities that support healthy living and outdoor fun.

ATTACHMENT 2
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P a g e | 2
We truly support San Clemente’s BP&R in finding ways to improve the city of San Clemente and the community. Salty Turf will be a welcomed addition to the heart of San Clemente and has been echoed by several parents, empty-nest parents, seniors, and fellow residents such as:

Josh Jones, owner of Murf bikes and local parent
Jeff Berg, owner of Surfline and local parent
Nick Zdrakas, owner of Ballpark Pizza and local parent
Marcus Avila, owner of El Ranchito and local parent
Rus Bendel, owner of the Vine and local parent
Rob Rojas, Head of Fish and Game
Taylor Shupe, owner Stance and local parent
Tom Jessop, mortgage banker and local parent
George Hulse, Lead Pastor at Shoreline Church and local parent Shawn Peterson, head of RipCurl and local parent
Randy Alward, Owner of Maranatha music and local grandparent Anthony Aguilera, owner A2 Design General Contractor and Architect The Salty Turf miniature golf project is not a loud, large project including everything from restaurants, to beer or wine, water parks, or live music. The miniature golf project will not have several investors, overrun budgets, or take more than the allotted time to complete. We intend to run a tight, clean business that provide value and benefit to the City of San Clemente for many years.

The Salty Turf miniature golf course will be conducive to an active and healthy lifestyle, environmentally friendly, sustainable activities, keeping kids from being involved with negative influences, and involve minimal infrastructure. It will reinvigorate the heart of the Vista Hermosa Sports Park keeping parents and families active in the park longer, be inclusive of the local businesses with cross-promotions, and add more community events which is why the sports park was initially founded and developed. Ultimately the revenue from the Salty Turf will be shared to increase park maintenance, add several lifeguards for pool support, increase pool hours, and/or introduce more events for the city to enjoy at no cost to the residents of San Clemente.

By granting us the ability to develop this project the City would be working with a team who truly have a deep love and appreciation for this community and its citizens. We bring a local team, we already have the financing, we already have the developers on contract, and we are ready to execute the entire scope of work in under 6 months; we truly care about this community and we are ready to move quickly. Let’s build something successful with a local team that can execute and finance immediately. Instead of cutting City services, lets develop revenue sources to expand services.

Please find attached to this Respondent Transmittal Letter our Executive Summary from our business plan for Salty Turf Miniature Golf. We hope you find value in this plan for both the City and the community of San Clemente. Thank you in advance for your consideration. If you have any questions please do not hesitate to reach out to Andrew at (cell).

Sincerely,
Andrew Streett, Jeff Moore and Marcus Vanneman
Salty Turf LLC Miniature Golf, Local Residents, Founders, Owners and Developers 224
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Salty Turf Executive Summary
San Clemente is the most beautiful and the best place on earth to live. With its 1920’s vision of a Spanish Village by the Sea, 342 days of sunshine a year, world class surfing, and the balance of fresh ocean air and untouched beaches, San Clemente promotes healthy living, strong sense of community, and an outdoor lifestyle that is unmatched by any Orange County or southern California city. As San Clemente and its surrounding areas grow, people increasingly look to anchor their sense of local identity to these values.

The city of San Clemente has done an outstanding job promoting and competing projects in line with the community’s lifestyle such as North Beach with several new restaurants, the outlets with a new movie theater, Del Mar’s transformation to open-air porch dining, the beach trail, the trolley, and the Vista Hermosa Sports Park. All of these projects represent the local identity of healthy living, strong sense of community, and an outdoor lifestyle. Continuing to promote these values and community lifestyle is paramount and is why a Salty Turf Miniature Golf course is a great addition to this vision! Miniature Golf is a highly profitable industry that has continued to grow over the past several years and through the pandemic. The reason it has continued to grow is that miniature golf promotes healthy living, an outdoor lifestyle, and friendly competition without the need for electronics, escaping the daily grind of the digital world. It is a fun activity attracting parents with children, teens, friends, couples, and seniors.

The activities available at the Salty Turf miniature golf location will center on a world-class, tropical and action sports themed mini golf course. The 36-hole course is being designed and developed by the leading course firm in the United States, Harris Miniature Golf Inc. The Salty Turf miniature golf course will incorporate lush tropical landscaping, water features, and cool ocean breeze with 36 challenging, yet playable holes. All areas will be ADA compliant. Harris Miniature Golf has already been contracted to ensure that the overall site plan is well integrated and meets the objectives of the conceptual plan. Harris Miniature Golf has completed over 800 mini golf courses in the US over the past 50 years and will be responsible for all aspects of construction management and subcontractors. The facility can be ready within 20-24 weeks of City approval.

Once the course is built, all that is required is routine maintenance to keep it clean and fresh looking.

There is virtually no loss of material goods which keeps the operational expenses to a minimum. This promotes an environmentally friendly business and adds to sustainability goals for the community.

In addition, a small snack-shack / clubhouse will be available to the community serving locally sourced ice cream and/or gelato, soft drinks, bottled water, and light snacks. Within special event permits Salty Turf will bring in local catering, food trucks, and beverage services to compliment events such as weddings, birthday parties, corporate outings, and even local fundraising events. The Salty Turf intends to partner with several of these local businesses to offer packages and deals to further increase marketing, brand awareness, and local exposure for San Clemente businesses. Additional promotions, website, and social media campaigns will help drive further traffic to the location pulling in repeat and special event business.

The location of the Salty Turf miniature golf course is a key factor. Located at the center of the Vista Hermosa Sports Park close to the intersection of La Pata and Avenida Vista Hermosa, a short drive inland off Interstate 5, the site is heavily traveled for sporting events, family activities, the San Clemente Aquatics Center, and Courtney’s Sandcastle. The location is ideal as the closest mini-golf facility is 27 miles away which is well over 30 minutes considering traffic and parking. The surrounding area includes over 319,000 people within a 15-minute drive from the Salty Turf in neighboring Dana Point, San Juan Capistrano, 225
P a g e | 4
Mission Viejo, Laguna Niguel, and Laguna Hills who will all gladly travel the open Avenida La Pata as opposed to going north on Interstate 5 to the closest mini-golf location.

Salty Turf mini golf will provide the City of San Clemente additional revenue to cover Vista Hermosa expenses such as park maintenance, additional lifeguard support, additional pool hours, and more events for the city of San Clemente to enjoy. The Salty Turf mini golf team would be excited to participate in Friends of San Clemente events like carnival planning and execution, little league playoffs, AYSO soccer practice and games, as well as a host of other healthy living, strong community, and outdoor lifestyle activities that San Clemente loves and values. Above all, the Salty Turf hopes that working with the City will further extend the vision of San Clemente’s future as the best place on earth to live! The facility will be run by Salty Turf LLC which is owned and operated by three successful local residents, Jeff Moore, Andrew Streett and Marcus Vanneman. Jeff was born at the San Clemente hospital and has lived in town for 39 years with my wife and kids. Jeff is already heading up several successful local development projects and have helped revitalize Del Mar’s expansion to offer more flavors and experiences to local residents. He is a volunteer and sponsor for San Clemente little league, San Clemente high school baseball team, Concordia Elementary school, Forster Ranch elementary schools, and local surf clubs. Andrew has lived with his wife and kids in San Clemente for the last 14 years. Andrew and his wife have been very active in the community working with the San Clemente Aquatics Team, Waterbabies, supporting SC little league, volunteering with AYSO and Elite soccer clubs, and with Concordia Elementary school. Andrew is an accomplished engineering project and product development executive. Marcus, his wife and family also live in San Clemente and are very active in neighborhood activities and community events. As a team we truly love this city and everything it stands for.

The business is expected to be open 12 hours a day, 7 days a week, 365 days a year, weather permitting.

We will staff the clubhouse with local teenage and/or senior aged people, adding an extra person at peak hours generally evenings and weekends. The employees will act as course ambassadors, assisting customers, helping run the ice cream/gelato and snack shack, and maintaining a clean look to the business. Jeff, Andrew, and Marcus all have long successful track records of running day-to-day needs of the businesses, company operations, financials, and hiring talent that is local and on-point to the needs of the business.

The Salty Turf miniature golf course will be conducive to an active and healthy lifestyle, environmentally friendly, sustainable, keeps kids from being involved with negative influences, and involve minimal infrastructure. It will reinvigorate the heart of the Vista Hermosa Sports Park keeping parents and families active in the park longer, be inclusive of the local businesses with cross-promotions, and add more community events which is why the sports park was initially founded and developed. Ultimately the revenue from the Salty Turf will be shared to increase park maintenance, add several lifeguards for pool support, increase pool hours, and/or introduce more events for the city to enjoy at no cost to the residents of San Clemente.
226
Attachment 3
RESOLUTION NO. 23-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING EXCLUSIVE

NEGOTIATIONS WITH SALTY TURF LLC FOR THE
DEVELOPMENT AND LEASE OF CITY PROPERTY AT 987

AVENIDA VISTA HERMOSA
WHEREAS, the City owns the parcel located at 987 Avenida Vista Hermosa, San Clemente, CA 92673, known as the Vista Hermosa Sports Park (“Park”); and WHEREAS, the Vista Hermosa Park Master Plan designated lease land at the park to allow for private recreational offerings; and
WHEREAS, the City envisions this land as an ideal location for a multi-generational recreation activity that can complement the existing activities within the Park and perpetuate the future uncompleted phases of park development; and
WHEREAS, on December 19, 2022, the City issued a competitive Request for Proposals to solicit offers for the development of this land; and WHEREAS, the City received one qualified proposal from Salty Turf, LLC (“Developer”) that provided for a 36-hole mini golf facility open to all ages; and WHEREAS, the City desires to enter into a period of negotiations over the project, under specific circumstances to allow for the best use of the property.

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

Section 1. The City Manager, or his/her designee, is hereby authorized to negotiate with Salty Turf, LLC for purposes of discussing terms and conditions of a development and lease agreement for the Vista Hermosa Sports Park designated lease land.

Section 2. The exclusive negotiating period will be for three months from the date of this Resolution, with an option to extend the said period for an additional six months at the discretion of the City Manager, or his/her designee.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 227
Resolution No. 23-27 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
228
Resolution No. 23-27 Page 3

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
229

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: B.

Department: Utilities
Prepared By Dave Rebensdorf, Utilities Director
Jacob Rahn, Financial Services Officer
Subject:

CONSIDERATION OF WASTEWATER (SEWER) UTILITY COST OF SERVICE STUDY AND

SCHEDULING OF A PUBLIC HEARING ON SEWER RATES
Summary:

The Wastewater Cost of Service Study for proposed sewer rates preliminary draft has been prepared by Raftelis Financial Consultants. The results of the study are summarized in a presentation for the City Council.

Background:

The City provides sewer service to approximately 16,700 customers. The sewer utility is a financially self-sufficient enterprise fund that relies primarily on revenues from service charges to fund the costs of providing services. As such, sewer rates must be set at levels adequate to recover operating costs and to fund capital investments to keep the system in good operating condition. Since 2014, there has only been a single two percent rate increase, which occurred in 2016, due to cost savings through process changes, chemical reduction, solids disposal, revenue from treatment of Santa Margarita Water District’s (SMWD) Talega area since December of 2017, and other cost savings put into place.

In February 2019, the City engaged Raftelis Financial Consultants to conduct a Comprehensive Cost -of-Service Study for the City’s Wastewater Utility to determine the amounts required to provide funding of ongoing sewer and wastewater operations. The rate study restructures and modernizes the rate structure and required considerable work. However, the study also experienced delays resulting from COVID-19 related considerations and SMWD agreement review and implementation that delayed rate changes. Meanwhile, costs continued to increase over time and required utilizing capital reserves to maintain the sewer funds operating position until the Cost of Service Study was finished.

Raftelis Financial Consultants completed the Wastewater Cost of Service study based on sewer operations information, reviewed with staff, and is providing preliminary findings and recommendations. The cost of service study objective is to achieve cost recovery, revenue stabilization, review capacity and wastewater flows, and comply with the most recent industry guidance. Some key items addressed are the following:
· Updating the Meter rates based on AWWA capacity ratios to estimate sewer flows. · Assessment and review of the Wet Winter Month Average timeframe was modified (OctoberCITY OF SAN CLEMENTE Page 1 of 4 Printed on 4/27/2023 powered by Legistar™230
Meeting Date: 5/2/2023 Agenda Item: B.

March changed to lowest two billed months, which is typically February and March). · Wastewater Flows including flow decreases, capacity, and higher flow content impacts were factored into the study.
· Composition of customer base and related impacts.
· Address the funding of anticipated capital projects and needs in the near future. · Presents proposed sewer rates for a five-year period to improve the long term health of the sewer fund and related operations.

The Cost of Service Study presentation (Attachment 1) summarizes the results. This study identifies various components and criteria in developing rates for a 5-year timeframe.

The Cost of Service study recommends changes to sewer meter rates based on current AWWA guidelines in line with current standards. Commodity rates change, however these changes are partially offset by volumetric flow changes. Proposed changes include modifying the single family wet winter month period and percentage lowering the number of billed units that decreases the impact of the commodity rate change. Additionally, updates to other customer classes better address the current strength and flow with current operations.

For example, single family residential commodity rates increase but the community units billed are based on a lower unit number due to lower flow months and the percentage billed being reduced from a 90% of wet winter month period (October-March) to 75% of the wet winter month average (February-March) which historically is a lower usage timeframe. Overall, this will reduce the commodity units billed and limit fluctuations in the commodity units from year to year for residential customers.

Two rate change options are presented to fund operations, keep pace with inflation, and to address current and future capital needs. The Study identifies, in attachment 1, that without additional funding capital reserves will not be properly funded in FY 2024 and the operating reserves will be in a deficit position in FY 2026. Both proposed sewer rate options end the five year period at similar ending reserve levels for operation and capital reserves, with the first being a flat rate implementation and the second option having a larger increase initially, but lower rates in later years.

The two options for proposed sewer rate increases over the next five years are:
2023 2024 2025 2026 2027
Option 1 7.0% 7.0% 7.0% 7.0% 6.0%
Option 2 9.5% 6.0% 5.0% 5.0% 4.5%
Based on a rate comparison to other agencies for a typical customer, the City of San Clemente average monthly bill would still in the lower half of the comparative rates. Of the 10 agencies reviewed, San Clemente’s proposed rates are ranked at 4th place, with 1 being the least expensive and 10 being the most expensive.

Pursuant to California Constitution article XIID, section 6 (approved by the voters with Proposition CITY OF SAN CLEMENTE Page 2 of 4 Printed on 4/27/2023
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Meeting Date: 5/2/2023 Agenda Item: B.

Pursuant to California Constitution article XIID, section 6 (approved by the voters with Proposition 218), prior to imposing a new or increasing an existing property-related fees such as sewer rates, the City is required to hold a public hearing and mail notices of the public hearing which includes the following:
(a) The amount of the proposed fee or charge to be imposed; (b) The basis upon which it was calculated;
(c) The reason for the fee or charge; and
(d) The date, time, and location of the public hearing.

Upon approval of the rate structure (selection of Option 1 or 2), the Cost of Service Study will be finalized and posted to the City website. The City will then mail notice to property owners and customers of record of the Public Hearing, to be held on July 18th, to all property owners of parcels receiving wastewater services and all customers of record based on the Council action taken. At the Public Hearing, the City Council will receive and consider all written protests against the rate increases. Both property owners and customers or record may submit written protests, but only one protest per parcel will be counted. If protests are received from a majority of parcels receiving wastewater service, the City Council may not adopt the increased rates. After the initial increase, customers will receive notice of annual increases each January and the increases will be implemented in February of each subsequent year.

Staff has prepared a sample Proposition 218 notice to be mailed after the sewer rate option is selected by City Council. The Proposition 218 final notice will be reviewed and finalized with the City Attorney.

Council Options:
· Direct staff to revise and finalize the Cost of Service Study utilizing Option 2, approve the final Study as so revised for public review, proceed with the Public Hearing Notice (Proposition 218 Notice) and scheduling of such hearing.
· Direct staff to make changes to the Cost of Service Study and return for approval. · Approve the rate structure, utilizing Option 1, and authorize the completion of the Cost of Service Study, approve the final Study for public review, proceed with the Public Hearing Notice (Proposition 218 Notice) and scheduling of such hearing. · Continue the item with direction to staff to provide additional information. · Deny approval of the Cost of Service Study and Proposition 218 notice and maintain current rates.

Fiscal Impact:

Yes, additional revenues, not exceeding the cost of services, are anticipated based on the proposed rate structure. If the proposed rate structure is not implemented, operational deficits will continue to be experienced resulting in impacts to current and future operations if other financing sources are not CITY OF SAN CLEMENTE Page 3 of 4 Printed on 4/27/2023
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Meeting Date: 5/2/2023 Agenda Item: B.
be experienced resulting in impacts to current and future operations if other financing sources are not received.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation

1. Direct staff to revise and finalize the Cost of Service Study utilizing Option 2, and approve the final Study as so revised for public review.

2. Direct staff to proceed with the Public Hearing Notice (Proposition 218 Notice) and scheduling of such hearing.

3. Staff recommends that the City Council adopt Resolution No. 23-28 “A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DIRECTING CITY STAFF TO SEND A NOTICE OF PUBLIC HEARING PURSUANT TO PROPOSITION 218 AND SCHEDULING A PUBLIC HEARING ON SEWER RATES”
Attachment:

Attachment 1 - Wastewater Rate Study - Results
Attachment 2 - Sample Notice of Public Hearing (Prop 218) Attachment 3 - Resolution No. 23-28 “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DIRECTING CITY STAFF TO SEND A NOTICE OF PUBLIC HEARING PURSUANT TO PROPOSITION 218 AND SCHEDULING A PUBLIC HEARING ON SEWER RATES”
Notification:

None.

CITY OF SAN CLEMENTE Page 4 of 4 Printed on 4/27/2023
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City of San
Clemente
Wastewater Rate Study – Results
Feb 28, 2023
ATTACHMENT 1
234
2 Agenda
• Introduction and background• Financial plan• Wastewater Rates• Customer Bill impacts• Next steps 235
3 Background
236
4 What is a Rate Study?
A financial planning process to set rates that considers:

Fairness
& Equity
Community
Values
Promotes
Utility Financial
Viability
Cover Ops
and
Maintenance
Cover
Infrastructure
Investment
Legally
Defensible
237
Why would the City do a wastewater rate study?
• Rates must keep up with costs to operate the City’s wastewater system
• The City’s wastewater utility (Enterprise Fund) is not like other government services (Police, Fire, Parks) that are funded by tax dollars from the General Fund • The wastewater enterprise is funded by customer rate revenue › It’s a non-profit business
• By law (Proposition 218), rates must be based on the cost to serve water 5 238
Why are we proposing wastewater rate
increases?
6 • Last Wastewater study completed in 2013, last rate increase implemented in 2016
• Inflation since 2016 = 24.7% or 3.2% per year1• Wastewater flows decreased by 24% from 2011 to 2016 (before SMWD flows) › City has a volumetric rate component which needs to be adjusted to reflect the lower flows
• City’s full CIP is $21.9M from FY 2023 to FY 2027 but we propose rate adjustment to only fund $15.8M
• FY 2018 O&M Budget = $7.5M, FY 2023 O&M Budget = $8.2M (1.7% per year)• City Wastewater reserves have decreased drastically and now stand at $5M (beginning FY 2023), 2022 LTFP Fiscal Policy recommendation was $15 million 1www.in2013dollars.com
239
Historic Wastewater Rate Adjustments

9.00%8.00%7.00%6.00%5.00%4.00%3.00%2.00%1.00%0.00%
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Percent Change
Year
7 No rate changes in last 6 years
240
8 Financial Plan
241
Financial Plan
• Projects revenue and expenses to assess if revenue is sufficient to fund operations (expenses)
• If not, we increase revenue to fund anticipated wastewater collection and treatment costs:
› O&M – chemicals, labor, parts, supplies› Capital – large projects › Reserves – O&M and capital reserves 9 242
City Wastewater Assets
• City’s wastewater collection system is comprised of 180 miles of pipelines and 12 wastewater pump stations to convey wastewater within the City’s service area • The City owns and operates a 7 million gallon per day wastewater treatment plant to treat wastewater prior to either being further treated for reuse as recycled water or for disposal to the Pacific Ocean through the City’s Land Outfall and regional Ocean Outfall 10 243
Wastewater revenue fund O&M Expenses
Expense Item FY 2023 FY 2024 FY 2025 FY 2026 FY 2027Administration $1,560,470 $1,651,378 $1,726,334 $1,776,335 $1,827,890Wastewater Collection $2,364,463 $2,481,822 $2,585,569 $2,667,428 $2,752,100Wastewater Treatment $4,263,395 $4,477,586 $4,658,951 $4,789,684 $4,924,629Subtotal - Operating Expenditures $8,188,328 $8,610,786 $8,970,854 $9,233,447 $9,504,619Percent Difference 5.2% 4.2% 2.9% 2.9% 11 244
Wastewater revenue funds your reserves
12 Wastewater reserve targets:
› Operating reserve = 12% of operating expenses ($1M)
– An operating reserve of 60 days (16%) is more common ($1.3M) › Capital reserve = 2% of asset value
245
Projected reserves without revenue
increases
13 246
Proposed revenue adjustments
Option 1 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027
14 Jan Jan Jan Jan
Revenue adjustment 7.0% 7.0% 7.0% 7.0% 6.0%Option 2 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Jan Jan Jan Jan
Revenue adjustment 9.5% 6.0% 5.0% 5.0% 4.5%
247
Projected reserve balances with revenue
adjustments (Option 1 and 2 produce similar reserve balances) 15 248
Current & Proposed
16 Rates
249
Wastewater Customer Composition
17 Single-Family
81%
Multi-Family
13%
Commercial
6%
Customer Type
1" meter
96%

1.5" meter
1%
2" meter
3%
3" - 6"
meter
0%
Meter Size
250
Current Rates
18 Meter Size Rateup to 1" $23.821.5" $78.602" $126.623" $262.024" $404.926" $793.18 Monthly Service Charges
Fixed Volumetric
Strength is measured by biochemical oxygen demand and total suspended solids. Higher strength wastewater is more costly to treat than low strength wastewater.

Customer Class RateResidentialSingle-Family Residential $1.44Multi-Family Residential $1.44CommercialLow Strength $1.97Medium Strength $2.58Medium-High Strength $4.57High Strength $6.38Mixed Use $2.61 1hcf = Hundred cubic feet = 748 gallons
Commodity Rates ($/hcf1)
251
Proposed Changes to Rates and Assumed
Sewer Flow

1. Changing the ratios used to calculate
the Monthly Service Charges a. City collects a large portion of its revenue (about 57%) through the fixed monthly service charge b. Adjust service charges so that they
are proportional to AWWA hydraulic capacity factors
c. Explains why larger meter (mostly
MFR and commercial) bills go down, others go up
19 Meter Size Current Ratio
AWWA Hydraulic
Capacity Ratio
up to 1" 1.00 1.001.5" 3.30 2.002" 5.32 3.203" 11.00 7.004" 17.00 12.606" 33.30 26.00 Proposed
Charge - Current
Ratio
Proposed Charge -
AWWA
up to 1" $23.84 $25.571.5" $75.31 $49.68
2" $120.42 $78.623" $247.62 $170.234" $381.87 $305.256" $746.63 $628.32 252
Proposed Changes to Rates and Assumed
Sewer Flow (cont’d)

1. Change the estimated sewer flow from each customer class a. Current wastewater rates are based on historic estimated sewer flows – but flows have decreased
b. Wastewater flows are not metered; one way to estimate yearly flow is to annualize water flows during winter months; assumes most of that flow goes into the sewer system; can calculate a return to sewer factor (RTS) c. RTS factors are multiplied by water use to estimate sewer use d. We truth checked our estimated sewer flows by comparing them to actual wastewater treatment plant flow
20 253
Proposed Change to Estimated Billed
Flows
• Proposed billed flows are estimated to match the actual plant flow• Calculated using the return to sewer factor x flow show 21 Customer Class Current Billed Flow Proposed Billed Flow = RTS % X flow = RTS % X flow
Single Family Residential 90% X (Oct through Mar flow, annualized) 75% X (lowest two month flows)Multi-Family Residential 90% of current month 85% X current monthLow Strength 90% X current month 80% X current monthMedium Strength 90% X current month 85% X current monthMedium-High Strength 90% X current month 85% X current monthHigh Strength 90% X current month 85% X current monthMixed Use 90% X current month 85% X current month 254
Proposed Rates
Meter Size Option 1 Option 2up to 1" $25.57 $26.151.5" $49.68 $50.782" $78.62 $80.353" $170.23 $173.974" $305.25 $311.936" $628.32 $642.05Customer Class Option 1 Option 2ResidentialSingle Family Residential $2.97 $3.05Multi-Family Residential $2.97 $3.04CommercialLow Strength $1.25 $1.28Medium Strength $2.67 $2.73Medium-High Strength $4.17 $4.27High Strength $7.00 $7.17Mixed Use $2.50 $2.56 FY 2023 Proposed Monthly
Service Charges
FY 2023 Proposed Commodity Rates
($/hcf)
22 255
Average Single Family Residential (SFR)
Bill Impact
• 1” meters are 99.8% of SFR meters• Single family bill impact will vary with use• Average current billed sewer use = (90% x annualized Oct thru Mar flow) § 9 hcf
• Revised billed sewer use
§ 5 hcf (75% of lowest two months)
Proposed bill is comprised of meter charge and volumetric charge 23 Option Meter Size Current Bill Proposed Bill Dollar Difference 1 1" $36.78 $40.44 $3.662 1" $36.78 $41.38 $4.60
256
Average Multi-family Residential Bill
Impacts for a duplex (1”) and 12 apartment complex (2”) • 1” MFR meters are 92% of MFR customers; average sewer use = 8 hcf, average of 2 apartments for a 1” meter
• 2” MFR meters are 4% of MFR customers; average sewer use = 48 hcf, average of 12 apartments for a 2” meter
24 Option Meter Size Current Bill Proposed Bill
Dollar
Difference Per Apartment
1 1" $35.90 $45.58 $9.68 $4.842 1" $35.90 $46.65 $10.75 $5.381 2" $199.37 $199.14 ($0.24) ($0.02)2 2" $199.37 $203.83 $4.46 $0.37 257
Average Bill Impacts By Strength & Meter Size
• Assumes average
water/sewer use for each class/meter size
• 1” and 2” commercial
customers are 87% of all commercial customers
• Commercial customer bills
are going down because the fixed charge is now proportional to revised AWWA hydraulic capacity factors 25 Customer Class Current Bill Proposed Bill
Dollar
Difference
Meter Size
1" Low $37.74 $33.42 ($4.32)1" Medium $67.74 $68.43 $0.691" Med-High $93.28 $85.36 ($7.92)1" High $186.13 $193.67 $7.541" Mixed Use $41.01 $41.12 $0.11 Customer Class Current Bill Proposed Bill
Dollar
Difference
Meter Size
2" Low $179.87 $108.63 ($71.23)2" Medium $248.64 $197.68 ($50.96)2" Med-High $406.08 $319.16 ($86.92)2" High $588.46 $556.90 ($31.56)2" Mixed Use $158.92 $107.82 ($51.10) Option 1Option 2
258
Option 1: Five -Year Rates
26 Meter Size - All Customer Classes FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 1-Jan-24 1-Jan-25 1-Jan-26 1-Jan-27
up to 1" $25.57 $27.36 $29.28 $31.33 $33.21

1.5" $49.68 $53.16 $56.88 $60.86 $64.52
2" $78.62 $84.12 $90.01 $96.31 $102.093" $170.23 $182.15 $194.90 $208.54 $221.054" $305.25 $326.61 $349.48 $373.94 $396.386" $628.32 $672.30 $719.36 $769.72 $815.90 Volumetric Rate($/ hcf) FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 1-Jan-24 1-Jan-25 1-Jan-26 1-Jan-27
Residential
Single Family Residential $2.97 $3.18 $3.40 $3.64 $3.86Multi-Family Residential $2.97 $3.18 $3.40 $3.64 $3.86 Non-Residential
Low Strength (Includes Schools) $1.25 $1.34 $1.43 $1.53 $1.62Medium Strength $2.67 $2.85 $3.05 $3.27 $3.46Medium-High Strength $4.17 $4.46 $4.77 $5.10 $5.41High Strength $7.00 $7.49 $8.01 $8.57 $9.08Mixed Use (Comm & Residential) $2.50 $2.67 $2.86 $3.06 $3.25 259
Option 2: Five -Year Rates
27 Meter Size - All Customer Classes FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 1-Jan-24 1-Jan-25 1-Jan-26 1-Jan-27
up to 1" $26.15 $27.72 $29.10 $30.56 $31.93

1.5" $50.78 $53.83 $56.52 $59.35 $62.02
2" $80.35 $85.17 $89.43 $93.90 $98.123" $173.97 $184.40 $193.62 $203.31 $212.454" $311.93 $330.64 $347.18 $364.54 $380.946" $642.05 $680.58 $714.61 $750.34 $784.10 Volumetric Rate($/ hcf) FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 1-Jan-24 1-Jan-25 1-Jan-26 1-Jan-27
Residential
Single Family Residential $3.05 $3.23 $3.39 $3.56 $3.72Multi-Family Residential $3.04 $3.23 $3.39 $3.56 $3.72 Non-Residential
Low Strength (Includes Schools) $1.28 $1.36 $1.42 $1.50 $1.56Medium Strength $2.73 $2.90 $3.04 $3.19 $3.34Medium-High Strength $4.27 $4.52 $4.75 $4.99 $5.21High Strength $7.17 $7.60 $7.98 $8.38 $8.75Mixed Use (Comm & Residential) $2.56 $2.71 $2.85 $2.99 $3.13 260
Neighboring Sewer Bill
Based on Single Family average = 7 units of Winter Season Water Use Rank Agency Service Charges
(Monthly Fixed)
Commodity Charge
(Monthly Variable)
Average Monthly Wastewater Bill
1 Irvine Ranch* n/a $25.50 varies on average of lowest
three months Water Use
$25.50
2 Moulton Niguel* $20.10 $5.36 per capita $36.16 3 Trabuco Canyon* $39.56 n/a $39.56 4-1 San Clemente
(Proposed Option 1)
$25.57 $2.97 per 75% of lowest two-month
water use
$40.44
4-2 San Clemente
(Proposed Option 2)
$26.15 $3.05 per 75% of lowest two-month
water use
$41.38
5 El Toro* $41.76 n/a $41.76 6 Santa Margarita* $32.21 $1.12 per unit of current period Water Use (Max 9 units)
$42.29
7 Santa Margarita
(San Juan Serv Area)
$25.56 $2.52 per unit of current period
water use
$48.24
8 Oceanside $26.84 $34.63 varies on Average Winter
Quarter Water Use
$61.47
9 Laguna Beach $71.57 n/a $71.57
10 South Coast $74.94 n/a $74.94 28 * Water district receives property tax 261
Next Steps
• Approve the rate structure and authorize the completion of the Cost-of Service Study
• Council directs staff to proceed with public hearing notice• Public hearing planned for JuO\th 29 262
30 End of
Presentation
263
[Type here]   ATTACHMENT 2

City of San Clemente
Utility Billing Division
910 Calle Negocio
San Clemente, CA 92672

OWNER / TENANT

ADDRESS BLOCK

CITY STATE ZIP

NOTICE OF PUBLIC HEARING
July 18, 2023 at 6:00 PM
City Council Chambers, 910 Calle Negocio, San Clemente, CA  92673 NOTICE IS HEREBY GIVEN that the City of San Clemente (the “City”) will hold a Public Hearing on July 18, 2023 at 6:00 PM or as soon thereafter as the matter may be heard in the City Council Chambers located at 910 Calle Negocio, 2nd Floor, San Clemente, to consider adjustments to the rates of the City’s current sewer service fees.

About the City’s Public Sanitary Sewer System
The City of San Clemente owns and maintains the public sanitary sewer system serving the community and is responsible for safely collecting, treating, disposing, and recycling of wastewater (sewage) and industrial waste.

All of the water used in the home that goes down the drains or into the sewage collection system is wastewater.  This includes water from baths, showers, sinks, dishwashers, washing machines, and toilets.  Small businesses and industries can also contribute large amounts of wastewater to sewage collection systems.  The average American contributes 150 gallons of wastewater each day.  Wastewater is about 99% water by weight and is generally referred to as influent as it enters the San Clemente Wastewater Reclamation Plant.

Wastewater that comes from homes and business in the City of San Clemente's service area is treated through 5 different processes:
 Preliminary Treatment ‐ Removes grit, rags, and other inorganic heavy debris.  Primary Settling ‐ Settles the heavier organic solids.  Aeration (Activated Sludge)  ‐ Aerobic bacteria consumes smaller organics called suspended solids (SS) or biological oxygen demand (BOD).
 Secondary Settling ‐ Settles out microorganism in the activated sludge that consumed the suspended solids.  Tertiary Filtration ‐ Filters out remaining waste particles through sand filtration.

POSTAGE
METER

INFORMATION
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QUESTIONS AND ANSWERS
Why are you receiving this notice?
You have received this notice because the City of San Clemente provides sanitary sewer service to your property.  The City is proposing a rate increase in order to pay projected costs needed for the City’s collection and treatment system.  As a property owner within the City’s service area, your monthly sewer service fees will pay for these services.  This letter serves as notice that a public hearing will be held on July 18, 2023, at 6:00 p.m., or as soon as the matter may thereafter be heard, in the City Council Chambers located at 910 Calle Negocio, 2nd Floor, San Clemente, to consider adjustments to the rates of the City’s current sewer service charges.  If approved, rate adjustments will take effect on [EFFECTIVE DATE].

What do sewer rates fund?
The City provides sewer services to 16,700 customers (residential and commercial) within the city limits.  Monthly rates paid by users are the primary source of revenue to fund operations.  All revenue generated from the sewer portion of your combined monthly utility bill is used to maintain and operate the sewer systems; it is not used for other general governmental purposes.  These revenues must meet costs such as electricity, chemicals, maintenance, salaries and benefits for utility enterprise staff.

Why are rate adjustments necessary?
The City is committed to providing the highest quality utility services at the lowest possible rates for our customers.  To meet this commitment, in 2019 the City undertook an evaluation of the infrastructure needs, programs, and operations and maintenance costs of the City’s sewer services and the rates charged for those services for the next five years.  Based on this evaluation, it has been determined that rate increases are necessary for the City’s sewer service fees to enable the City to: recover current and projected costs of operations and maintenance; to provide fundsto repair and replace existing capital infrastructure, replenish reserves needed based on capital plansto update the City’s aging sewersystems; maintain the operational and financial stability of the utilities; comply with State and Federal mandated regulatory requirements; and avoid operational deficits and depletion of reserves.

How do I protest the proposed fees?
Any record owner of a parcel upon which the proposed sewer service charges are to be imposed or any tenant directly responsible for the payment of sewer service fees and charges (i.e., a customer of record who is not a property owner) may submit a written protest to the proposed rate increases for the City’s sewer service fees and charges; provided, however, only one protest will be counted per identified parcel.  Any written protest must: (1) state the protest is being submitted in opposition to the proposed rate increase; (2) provide the location of the identified parcel (by street address or assessor’s parcel number); and (3) include the name and original signature of the property owner or tenant responsible for the payment of the wastewater charges submitting the protest.  Written protests may be submitted by mail or in person to the City Clerk at 910 Calle Negocio, San Clemente, CA  92673, or at the Public Hearing (date and time noted above).  The City Clerk must receive written and signed protests delivered by mail no later than 4:00 p.m. on the date of the Public Hearing, or if delivered in person, prior to the close of the public comment portion of the Public Hearing.  Any protest submitted via e‐mail or other electronic means will not be accepted.  Please identify on the front of the envelope for any protest, whether mailed or submitted in person to the City Clerk, “Attn: Public Hearing on Rate Increases.” The City Council will consider all written protests and hear and consider all oral comments to the proposed rate increases and annual rate adjustments at the Public Hearing.  Oral comments at the Public Hearing will not qualify asformal protests unless accompanied by a written and signed protest.  Upon the conclusion of the Public Hearing, the City Council will consider adoption of the proposed rate increases for the sewer service fees and charges. If written protests against the proposed rates as outlined above are not presented by a majority of the parcels directly responsible for the payment of sewer service charges of the identified parcels upon which the rates and charges are proposed to be imposed, the City Council will be authorized to impose the rate increases as outlined above. If adopted, the proposed rate increases for wastewater and sewer service charges will take effect beginning [EFFECTIVE DATE].

For any questions you may have regarding the rates or the rates applicable to your property, please contact the City at 949‐361‐8315 or by email at waterbilling@san‐clemente.org. 265
4888‐5486‐9853 v5

PROPOSED SEWER SERVICE FEES
The City hired Raftelis Financial Consultants to conduct a cost of service study that determined the City's total costs of providing sewer services and then equitably apportioned those costs to each customer class based on the City’s costs of providing sewer services to that class.  The cost of service study detailing the basis for the rate calculations is available at [INSERT LINK to STUDY] and can be provided by the City Clerk, upon request by email (CampagnoloL@san‐clemente.org) or online at https://www.san‐clemente.org/departments‐services/city‐clerk‐services/all‐meetings‐information/public‐ records‐request.  The rate structure for the sewer service fees consist of three customer classes—residential, commercial, and mixed use (a property with both commercial and residential uses).  Within the commercial customer class, there are subclasses of customers.   The subclasses are classified based on the type of commercial activity and constituents that they discharge into the sewer system—low strength, medium strength, medium‐high strength, and high strength.

The City’s sewer service charges are comprised of two components – a fixed Meter Charge and a variable Commodity Charge.  The Meter Charge is a monthly fixed charge calculated on the basis of the size of the water meter serving the property (in inches).  The Commodity Charge is a variable charge determined on the basis of a customer’s metered water use (in HCF) and assumptions regarding the volume of water returned to the sewer system.  The current return to sewer assumptions are based on historic wastewater flows.  However, due to a decrease in wastewater flows, these assumptions are also proposed to be updated as shown in the table below.  This change will directly affect the calculations for Variable Sewer Commodity Charges.

The current and proposed rates for the sewer service charges are shown in the tables below.  RATE TABLES ‐ OPTION 2:

CURRENT AND PROPOSED SEWER SERVICE CHARGES

FIXED METER CHARGE

CURRENT RATES PROPOSED RATES

METER SIZE
[EFFECTIVE
DATE]

EFFECTIVE
JAN 1, 2024

EFFECTIVE
JAN 1, 2025

EFFECTIVE
JAN 1, 2026

EFFECTIVE
JAN 1, 2027
1” and under $23.82 $26.15 $27.72 $29.10 $30.56 $31.93
1 1/2” $78.60 $50.78 $53.83 $56.52 $59.35 $62.02
2” $126.24 $80.35 $85.17 $89.43 $93.90 $98.12
3” $262.02 $173.97 $184.40 $193.62 $203.31 $212.45
4” $404.92 $311.93 $330.64 $347.18 $364.54 $380.94
6” $793.18 $642.05 $680.58 $714.61 $750.34 $784.10

VARIABLE SEWER COMMODITY CHARGE

CURRENT RATES PROPOSED RATES

ACCOUNT TYPE
[EFFECTIVE
DATE]

EFFECTIVE
JAN 1, 2024

EFFECTIVE
JAN 1, 2025

EFFECTIVE
JAN 1, 2026

EFFECTIVE
JAN 1, 2027
Residential $1.44 $3.05 $3.23 $3.39 $3.56 $3.72
Multi‐Family $1.44 $3.04 $3.23 $3.39 $3.56 $3.72
Commercial
Low‐Strength $1.97 $1.28 $1.36 $1.42 $1.50 $1.56
Medium Strength $2.58 $2.73 $2.90 $3.04 $3.19 $3.34
Med‐High Strength $4.57 $4.27 $4.52 $4.75 $4.99 $5.21
High Strength $6.38 $7.17 $7.60 $7.98 $8.38 $8.75
Mixed Use $2.61 $2.56 $2.71 $2.85 $2.99 $3.13

RETURN TO SEWER ASSUMPTIONS

CUSTOMER TYPE CURRENT RATES PROPOSED RATES
Residential Single Family 90% of average water use during October‐March 75% of average water use of lowest two months Multi‐Family   90% of current period water use 85% of current period water use Commercial
Low‐Strength 90% of current period water use 80% of current period water use Medium Strength 90% of current period water use 85% of current period water use Medium‐High Strength 90% of current period water use 85% of current period water use High Strength 90% of current period water use 85% of current period water use Mixed Use 90% of current period water use 85% of current period water use 266
4888‐5486‐9853 v5

IMPACT ON YOUR BILL
For a typical single‐family home that uses an average of 10 units of water during winter months, the monthly sewer bill will increase from $36.78 to $41.38.  The typical single‐family residential combined monthly utility bill will increase from $118.25 to $123.57.

The water bill for a typical commercial account, which uses 40 units of water per month, the monthly sewer bill will change from $197.16 to $121.31.  The typical commercial account combined monthly utility bill will change from $497.25 to $421.40.  Commercial customer bills are going down because the fixed charge is now proportional to revised AWWA hydraulic capacity factors.

You are hereby notified, pursuant to Government Code Section 53759, there is a 120‐day statute of limitations for challenging any new, increased, or extended wastewater fee, rate, or charge.  As such, any judicial action or proceeding to attack, review, set aside, void, validate, or annul the City's adoption of the proposed wastewater rates must be commenced within 120 days of the effective date or of the date of the final passage, adoption, or approval of the ordinance or resolution adopting the wastewater rates.

What’s Next: Comprehensive Cost‐of‐Service Study ‐ Water Rates The City will be starting a Cost‐of‐Service Study for the Water system in Fiscal Year 2024.  This study will determine the cost recovery approach the Water utility will utilize as the basis for water rates for the next five to ten‐year timeframe.

The Study, which will include public workshops to solicit stakeholder input, will:
 determine the current and projected costs of providing water service;  review the existing water rate structure, customer classifications, and tier widths;  consider alternative pricing methodologies and review industry standards within California;  model the impact of the current and/or future droughts on system operations and rates; and  develop a rate model for use over the next five to ten‐year timeframe.

Recommendations, including possible rate increases or adjustments, from the Study will be presented at a future Public Hearing for consideration, deliberation, and adoption by City Council. 267
4865-7057-9550 v1
RESOLUTION NO. 23-28

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

CALIFORNIA, DIRECTING CITY STAFF TO SEND A NOTICE OF PUBLIC HEARING PURSUANT TO PROPOSITION 218 AND SCHEDULING A PUBLIC HEARING ON

SEWER RATES
WHEREAS, the City of San Clemente provides sewage services to its citizens; and WHEREAS, the City desires to ensure that the costs associated with the operation of the City’s sewage collection and treatment systems are recovered through the fees charged for the provision of that service; and
WHEREAS, an updated sewer model forecasting five-years of operating revenues and expenses has been prepared by Raftelis Financial Consultants to determine rate modifications to ensure a neutral operating positon and fund future capital activities; and WHEREAS, the City Council has determined the sewer rates charged for sewer services should be modified to recover current and projected costs and to fund capital infrastructure improvements and repairs; and
WHEREAS, the City Council has been provided with two options to adjust rates as part of the Cost of Service Study; and
WHEREAS, staff received direction as to the rate option to be implemented; and NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:

Section 1. Option 2 shall be used for the sewer rate schedule. City Council directs staff to revise and finalize the Cost of Service Study using Option 2 and post it on the City’s website.

Section 2. A public hearing on the adjustment of sewer rates is hereby set for July 18, 2023. City Council directs staff to send written notification to property owners and utility customers and post notice for such public hearing in compliance with applicable law.

Section 3. The City Manager and his authorized designees are hereby authorized and directed to take such actions as shall be necessary to effectuate the purposes of this Resolution.

Section 4. This Resolution shall supersede all other previous city resolutions and ordinances that may conflict with, or be contrary to, this Resolution, and shall take effect ATTACHMENT 3
268
4865-7057-9550 v1
immediately upon its adoption.

Section 5. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

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

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
269

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/2/2023 Agenda Item: C.

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

UPDATE ON COASTAL ADMINISTRATOR POSITION
Summary:

The hiring of a Coastal Administrator has been identified as a high priority for the City Council. Staff was directed to include the position in the 2023-24 Municipal Budget and to begin the process of creating a job description and competitive salary range for the new Coastal Administrator.

Additionally, the City Council was informed that an update on the position would be provided to the full membership of the City Council at the May 2, 2023 regular City Council meeting. On April 20, 2023, Councilmember Cabral and City Manager Hall met with the City of Oceanside Coastal Administrator to learn more about the duties and responsibilities of their newly hired Administrator to contrast and compare the anticipated functions of the same position in San Clemente.

Background:

Coastal management is a critical issue in San Clemente. At the current time, the management function is divided between several employees that serve in different departments. The team has worked well together and should be commended for their efforts. However, despite the fact that coastal management may be the most important current and long-term issue facing the community, administering the day-to-day challenges of coastal management is not the primary duty of any existing employee. The addition of a Coastal Administrator will ensure that coastal management is the primary duty of a City employee, that the City takes advantage of opportunities to address coastal issues (including potential funding for coastal projects), and that beach restoration and nourishment is pursued in every possible manner.

Councilmember Cabral and City Manager Hall met with the newly hired Coastal Administrator for the City of Oceanside to discuss the objectives of the new position and learn how to best connect coastal issues in the work plans, budgeting, and all coastal efforts of the entire City organization. The discussion and information obtained was very helpful and will be reflected in the creation of the job description and coastal management plans of the City.

Councilmember Cabral and City Manager Hall further discussed strategies to fill the position in the quickest possible manner. Therefore, in addition to receiving this update, staff is recommending that the City Council direct staff to finalize the job description and salary survey, and begin the recruitment process at a point in time that would allow the Coastal Administrator to be employed shortly after adoption of the Municipal Budget in June.

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Meeting Date: 5/2/2023 Agenda Item: C.

Council Options:
· The City Council may receive and file the report
· The City Council may receive and file the report and provide direction to the City Manager Fiscal Impact:

The costs associated with adding a new employee will be significant, and included in the proposed Municipal Budget for consideration by the City Council.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff recommends the City Council receive and file this update and further direct the City Manager to complete the creation of the job description for the Coastal Administrator position and begin the recruitment process to allow the new employee to be hired shortly after adoption of the Municipal Budget.

Attachment: ..end
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: 5/2/2023 Agenda Item: (1)
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

RESIGNATION OF ANGELINE JOHNSON FROM THE HUMAN AFFAIRS COMMITTEE Summary:

Angeline Johnson submitted her resignation from the Human Affairs Committee. Ms. Johnson’s term on the Human Affairs Committee was set to expire in June 2024.

The Human Affairs Committee consists of seven members. All members of the Human Affairs Committee must be San Clemente citizens.

At its meeting of April 18, 2023, Council directed Staff to schedule interviews and appointments for all of its Commissions and Committees on June 5 and June 6, 2023.

At this time, Staff recommends that Council direct the City Clerk to accept applications for the Human Affairs Committee for an individual to fill the remainder of Ms. Johnson’s term, and schedule the interview and appointment on the same date that Council will be interviewing all candidates for the Human Affairs Committee.

Council Options:
· Direct the City Clerk to accept applications to fill the remainder of Ms. Johnson’s term on the Human Affairs Committee.
· Continue the item and request additional information from Staff. · Take no action.

Fiscal Impact:

None.

Environmental Review/Analysis:

None.

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Meeting Date: 5/2/2023 Agenda Item: (1)
Recommended Actions:

Staff Recommendation

1. Accept the resignation of Angeline Johnson from the Human Affairs Committee, with regret.

2. Provide direction to Staff to solicit applications to fill the remainder of Ms. Johnson’s term (June 2024).

Attachment:

None.

Notification:

None.

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