San Clemente City Council
May 16, 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
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, May 16, 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 16, 2023
CLOSED SESSION (5:00 P.M.)
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 3
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al. Orange County
Superior Court Case Number: 2020-01153535-CU-EI-CXC
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Remi Shahriary, San Clemente Baha'i Community.

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. April Update on the Homeless Issue
B. Presentation of Proclamation - National Beach Safety Week Presentation of Proclamation to Marine Safety Captain Mellott, Marine Safety Officer Giugni and Ocean Lifeguard Supervisor Blanc-Hall, setting apart May 22-May 29, 2023 as National Beach Safety Week in San Clemente.

C. Presentation of Commendation - San Clemente Educational Foundation Presentation of Commendation to Linda Verraster, representing the San Clemente High School Educational Foundation, in recognition of their 25th Anniversary.

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

2 City Council Regular Meeting Agenda May 16, 2023
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

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 SPECIAL CITY COUNCIL MEETING MINUTES OF MAY 2, 2023.
(2) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MAY 2, 2023.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
MARCH 28, 2023.
(2) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING
MINUTES OF JANUARY 23, 2023.
(3) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES
OF APRIL 12, 2023.
(4) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES
OF MARCH 29, 2023.
(5) PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 19, 2023.
(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 3, 2023.
(7) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF APRIL 20, 2023.

3 City Council Regular Meeting Agenda May 16, 2023
C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2841 THROUGH 2842 AND WARRANT NOS.
587884 THROUGH 588047 PAID ON
4-28-23, IN THE AMOUNT OF $1,051,050.66
TOTAL WARRANT REGISTER $1,051,050.66
D. ORDINANCE 1750 (SECOND READING) - LOCAL VENDOR

PREFERENCE
Staff Recommendation
Adopt 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.

E. CONSIDERATION OF SUPPORTING CALIFORNIA ASSEMBLY BILL (AB) 882
Staff Recommendation
Determine whether to support AB 882 and provide direction to the Mayor to execute the letter of support.

F. CONSIDERATION OF SUPPORTING CALIFORNIA ASSEMBLY BILL (AB) 966
Staff Recommendation
Determine whether to support AB 966 and provide direction to the Mayor to execute the letter of support.

G. CONSIDERATION OF PROVIDING A LETTER OF SUPPORT FOR
CALIFORNIA SENATE BILL (SB) 337
Staff Recommendation
Approve, and authorize the Mayor to execute the letter of support, dated May 16, 2023 and on file with the City Clerk.

4 City Council Regular Meeting Agenda May 16, 2023
H. APPROVAL OF A LICENSE AGREEMENT WITH THE ORANGE COUNTY

TRANSPORTATION AUTHORITY FOR CONTINUED USE OF THE SAN

CLEMENTE PEDESTRIAN BEACH TRAIL AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS I (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES
Staff Recommendation
Adopt Resolution No. 23-29, which would:

1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Approve, and authorize the City Manager to execute, Contract 23-20, a License Agreement by and between the Orange County Transportation Authority (OCTA) and the CIty of San Clemente allowing the City to continue to use the OCTA right-of-way and maintain the Pedestrian Beach Trail.

3. Adopt Resolution No. 23-29 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

A LICENSE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION

AUTHORITY (OCTA) FOR CONTINUED USE OF THE SAN CLEMENTE

PEDESTRIAN BEACH TRAIL AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES.

I. ADOPTION OF RESOLUTION NO. 23-30, APPROVING A LICENSE

AGREEMENT WITH ABOUND FOOD CARE FOR EMERGENCY MEAL

STORAGE
Staff Recommendation

1. Adopt Resolution No. 23-30 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A LICENSE AGREEMENT WITH ABOUND FOOD CARE.

2. Approve, and authorize the City Manager to execute, Contract No. C23-22, a License Agreement, by and between the City of San Clemente and Abound Food Care, allowing for use of space in a material storage yard at the City's Water Reclamation Plant located at 30 Avenida Pico to place and operate one solar powered cold storage unit with solar panels.

5 City Council Regular Meeting Agenda May 16, 2023
J. APPROVAL OF TRAINING - MAYOR PRO TEMPORE KNOBLOCK AND

COUNCILMEMBER CABRAL ATTENDANCE AT SMART COAST
CALIFORNIA’S 2ND ANNUAL POLICY SUMMIT
Staff Recommendation
Approve, and authorize the Mayor Pro Tempore Knoblock and Councilmember Cabral to attend Smart Coast California's 2nd Annual Smart Coast Policy Summit May 18-19, 2023.

K. ADOPTION OF RESOLUTION NO. 23-31, AWARDING A MAINTENANCE SERVICES AGREEMENT TO ACCESS CONTROL SECURITY, INC. TO

PROVIDE PARKING ENFORCEMENT SERVICES DURING STREET

SWEEPING OPERATIONS, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES
Staff Recommendation
Adopt Resolution No. 23-21, which would:

1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Maintenance Agreement for Parking Enforcement during street sweeping operations to Access Control Security, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C23-23, by and between the City of San Clemente and Access Control Security, Inc., providing for parking enforcement during street sweeping operations, in an amount not to exceed $182,016, for a three-year contract term with the option of two one-year extensions for a potential total agreement term of five years.

8. Public Hearings
None.

9. Unfinished Business
None.

6 City Council Regular Meeting Agenda May 16, 2023

10. New Business
A. CONSIDERATION OF PROCEDURES TO APPOINT A COUNCILMEMBER TO

FILL THE UNEXPIRED TERM OF FORMER COUNCILMEMBER GENE
JAMES (NOVEMBER 2024)
Staff Recommendation

1. Make nominations for applicants to be interviewed.

2. Schedule a Special meeting for Council interviews and appointment.

3. Determine to :
a. Use ranking sheets to rank each Candidate by number.

OR
b. Publicly deliberate and select an individual to fill the vacancy. The affirmative vote of at least three City Councilmembers is required for appointment.

B. 2023 TROLLEY UPDATE, LETTER TO ORANGE COUNTY

TRANSPORTATION AUTHORITY (OCTA), AND CONSIDERATION OF

CONTINUATION OF THE GREEN LINE TROLLEY
(Agendized at the May 2, 2023 City Council meeting by Councilmember Enmeier, with the support of Mayor Duncan and Mayor Pro Tem Knoblock.) Staff Recommendation

1. Receive and file the Administrative Report dated May 16, 2023, and on file with the City Clerk.

2. Authorize the City Manager to execute and send the Letter of Interest provided in Attachment 1 of the Administrative Report to the Orange County Transportation Authority.

3. Discuss and provide direction to Staff regarding whether any further action should be taken with respect to continuation of the Green Line Trolley.

C. CONSIDERATION OF THE DESIGN OF 24 PICKLEBALL COURTS AT STEED

PARK AND OPTIONS FOR CONSTRUCTION OF TEMPORARY PICKLEBALL COURTS
(Agendized at the April 4, 2023 City Council meeting by Mayor Duncan, with the support of Councilmember Cabral and Mayor Pro Tem Knoblock.) Staff Recommendation
City Council provide direction on the project going forward.

7 City Council Regular Meeting Agenda May 16, 2023
D. PRIVATE SECURITY SUBCOMMITTEE REPORT
(Agendized at the May 2, 2023 City Council meeting by Councilmember Cabral, with the support of Mayor Pro Tem Knoblock and Mayor Duncan.) Private Security Subcommittee Recommendation:

The Private Security Subcommittee has prepared a recommendation for consideration by the CIty Council. The recommended actions are provided in Attachment 1 of the Administrative Report dated May 16, 2023 and on file with the City Clerk.

E. PROJECT HOMEWARD BOUND
(Agendized at the May 2, 2023 City Council meeting by Councilmember Enmeier, with the support of Mayor Duncan.)
Consideration of assigning the Human Affairs Committee to research the benefits of working with Project Homeward Bound.

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

13. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. Council Members
D. City Attorney
E. City Manager

14. Adjournment
Adjourn to an Adjourned Regular Meeting to be held on May 23, 2023 at 4:00 p.m. for the purpose of conducting the Budget Workshop. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

The next Regular Council Meeting is scheduled to take place on June 6, 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

8 City Council Regular Meeting Agenda May 16, 2023
Negocio, 2nd Floor, San Clemente.

Items to be Considered at a Future Meeting
June 20, 2023 - Commercial Vehicle Parking

9 City Council Regular Meeting Agenda May 16, 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.

10 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (1)
Subject:

APPROVE THE SPECIAL CITY COUNCIL MEETING MINUTES OF MAY 2, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/8/2023
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CITY OF SAN CLEMENTE
City Council Minutes
Special Meeting – May 2, 2023
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 Duncan on May 2, 2023 at 5:01 p.m. in the City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT CABRAL, ENMEIER, KNOBLOCK, MAYOR DUNCAN
ABSENT None.

STAFF PRESENT Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Janet Batchelor, Acting Assistant to the City Manager
* * *

SPECIAL MEETING

PLEDGE OF ALLEGIANCE
Building Official Holden led the Pledge of Allegiance.

1. CLOSED SESSION

MOTION BY COUNCILMEMBER CABRAL, SECOND BY MAYOR PRO TEM KNOBLOCK, CARRIED 4-0 to recess to Closed Session at 5:01 p.m. to discuss the following:

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 12 City Council Minutes – Special City Council Meeting of May 2, 2023 Page 2 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2)

2. CLOSED SESSION REPORT – CITY ATTORNEY
City Attorney Mitchell announced that Council gave direction; no reportable action.

3. FILLING OF COUNCILMEMBER VACANCY
AQ, narrated a PowerPoint presentation recognizing former Councilmember James for his efforts on the San Clemente City Council. A hard copy of the presentation is on file with the City Clerk.

Linda More, San Clemente, urged Council to appoint Donna Vidrine to the recently vacated seat on the City Council.

Aaron Washington, urged Council to appoint a Councilmember rather than expend the cost of a Special Election.

Zhen Wu, San Clemente, urged Council to appoint a member of the City Council rather than go through a Special Election; suggested Council consider rankedchoice voting to select its candidate.

MOTION BY MAYOR PRO TEM KNOBLOCK, SECOND BY COUNCILMEMBER ENMEIER, CARRIED 4-0, to:

1. Direct the City Clerk to solicit applications to fill the vacancy on the City Council for a term to expire November 2024; applications will be due at noon on May 15, 2023.

2. Staff is to return to Council at its May 16, 2023 meeting with a report for Council to consider processes for interviewing and appointing a candidate.

4. UPDATE AND DISCUSSION REGARDING THE SLOPE FAILURE AT CASA

ROMANTICA
Public Works Director/City Engineer Koger provided an update on the landslide at Casa Romantica; displayed photographs taken at the site and responded to Council inquiries.

AQ, narrated a PowerPoint presentation concerning the landslide at Casa Romantica. A hard copy of the presentation is on file with the City Clerk.

Councilmember Cabral thanked City Staff, Police Services, Orange County Fire Authority Personnel, Orange County Transportation Authority and Metrolink for their continued efforts related to their efforts at Casa Romantica. 13 City Council Minutes – Special City Council Meeting of May 2, 2023 Page 3

5. ADJOURNMENT

MOTION BY MAYOR PRO TEM KNOBLOCK, SECOND BY COUNCILMEMBER ENMEIER, CARRIED 4-0 to adjourn at 6:40 p.m. The next Regular Council Meeting is scheduled to take place on May 2, 2023 at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

CITY CLERK of the City of
San Clemente, California

MAYOR of the City of
San Clemente, California
14 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (2)
Subject:

APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MAY 2, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/8/2023
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CITY OF SAN CLEMENTE
City Council Minutes
Regular Meeting – May 2, 2023
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 May 2, 2023 at 6:41 p.m. in the City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT CABRAL, ENMEIER, KNOBLOCK, MAYOR DUNCAN
ABSENT None.

STAFF PRESENT Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Janet Batchelor, Acting Assistant to the City Manager
* * *

BUSINESS MEETING
The Regular Business Meeting convened at 6:41 p.m., with all Councilmembers present.

PLEDGE OF ALLEGIANCE
Andy Flores, City of San Clemente Employee of the Year, led the Pledge of Allegiance.

1. SPECIAL PRESENTATIONS
A. Employee Service Awards
City Manager Hall recognized 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 recognized Larry Isaac for 45 years of service to the City.

B. Presentation of Proclamation - Drowning Prevention Awareness Mayor Duncan presented a Proclamation to Orange County Fire Authority Division Chief Maule, setting apart May through August 2023 as Drowning Prevention Awareness Season.
16 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 2 C. Army Corps of Engineers - Sand Replenishment
Doland Cheung, Project Manager, Programs and Project Management Division, narrated a PowerPoint presentation entitled “San Clemente Shoreline” concerning the upcoming San Clemente Sand Nourishment Project and, along with Public Works Director/City Engineer Koger, responded to Council inquiries. A hard copy of Mr. Cheung’s presentation is on file with the City Clerk.

Don Brown, San Clemente, reported that he was involved in the original Army Corps of Engineers study; urged Council and the Army Corps of Engineers to be aware of the quality of sand as they move forward with the project.

Tim Brown, urged Council to research the possibility of a concurrent sand replenishment project for beaches to the north and south of T-Street.

2. ORAL COMMUNICATIONS (PART 1)
Bluff Failures
John Machuzick, San Clemente, narrated a PowerPoint presentation concerning bluff failure at his home on La Paloma. A hard copy of Mr. Machuzick’s presentation is on file with the City Clerk.

Homelessness
Lois McNicol, voiced concern that homelessness has increased; opined that many homeless individuals are service resistant.

Green Line Trolley
Mikii Rathmann, San Clemente, spoke in support of the Green Line Trolley; urged Council to continue the Green Line Trolley through the summer months.

Three-Way Stop Sign at Calle Del Cerro
Jim Sands, San Clemente, voiced concern with the three way stop sign that was recently approved by City Council on Calle del Cerro and Avenida Vista Montana; opined the stop sign will create a traffic backup and line of sight issue.

Appreciation of Former Councilmember James and Homelessness Brian Demsey thanked former Councilmember James on the behalf of Rabbi and Tzippy Slavin; narrated a PowerPoint presentation concerning homelessness. A hard copy of Mr. Demsey’s presentation is on file with the City Clerk. 17 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 3

3. WAIVER TO READING IN FULL OF ALL RESOLUTIONS AND ORDINANCES

MOTION BY MAYOR PRO TEM KNOBLOCK, SECOND BY COUNCILMEMBER ENMEIER, CARRIED 4-0, to waive reading in full of all Resolutions and Ordinances.

4. CONSIDERATION OF AGENDIZING ITEMS REQUIRING IMMEDIATE ACTION None.

5. CLOSED SESSION REPORT – CITY ATTORNEY
None.

6. STAFF COMMUNICATIONS

None.

7. CONSENT CALENDAR

MOTION BY COUNCILMEMBER CABRAL, SECOND BY MAYOR PRO TEM KNOBLOCK, CARRIED 4-0, to approve the Consent Calendar.

A. City Council Minutes

MOTION BY COUNCILMEMBER CABRAL, SECOND BY MAYOR PRO
TEM KNOBLOCK, CARRIED 4-0, to:
(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

MOTION BY COUNCILMEMBER CABRAL, SECOND BY MAYOR PRO
TEM KNOBLOCK, CARRIED 4-0, to:
18 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 4 (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

D RATIFICATION OF EMERGENCY CONTRACT - REPLACEMENT

OF INDUSTRIAL DUTY DOOR AT WATER RECLAMATION
PLANT

MOTION BY COUNCILMEMBER CABRAL, SECOND BY MAYOR
PRO TEM KNOBLOCK, CARRIED 4-0, to:

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
19 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 5 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.

MEETING RECESSED
Mayor Duncan recessed the meeting at 7:54 p.m. The meeting reconvened at 8:00 p.m. with all members of the City Council present.

8. PUBLIC HEARINGS
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.

Deputy Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.

Mayor Duncan opened the Public Hearing, and there being no one desiring to speak, the Public Hearing was closed.

MOTION BY MAYOR PRO TEM KNOBLOCK, SECOND BY
COUNCILMEMBER ENMEIER, CARRIED 4-0, to 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,
20 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 6 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.

Mayor Duncan opened the Public Hearing, and there being no one desiring to speak, the Public Hearing was closed.

MOTION BY COUNCILMEMBER CABRAL, SECOND BY
COUNCILMEMBER ENMEIER, CARRIED 4-0, to 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.

Beaches, Parks and Recreation Director Wylie narrated a PowerPoint presentation entitled Richard T. Steed Memorial Park/Baron Von Willard Master Plan Update and responded to Council inquiries. A hard copy of Ms. Wylie’s presentation is on file with the City Clerk.

Mayor Duncan opened the Public Hearing.

Vern West, San Clemente, spoke in support of pickleball; urged Council to adopt the Master Plan.
21 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 7 David Browning, Orange County Mountain Bike Association, spoke in support of the master plan and mountain bike hub.

Steve Larson; Orange County Mountain Bike Association spoke in support of the master plan and mountain bike hub.

AQ opined that there was no parking study associated with the environmental study on this project; voiced concern with the cost of the project.

Linda Williams, San Clemente, spoke in support of pickleball and the Steed Park Master Plan.

Concerned Resident, opined that the Beaches, Parks and Recreation Commission did not have the opportunity to review the CEQA findings for the Steed Park Master Plan until after the comment period expired.

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

MOTION BY MAYOR PRO TEM KNOBLOCK, SECOND BY
COUNCILMEMBER ENMEIER, CARRIED 4-0, to:

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.

2. 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.

3. 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
Senior Planner Toma reviewed the contents of the Administrative Report. 22 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 8 Lois McNicol, spoke concerning the cost of a consultant versus the cost to conduct a Special Election.

MOTION BY COUNCILMEMBER CABRAL, SECOND BY MAYOR PRO
TEM KNOBLOCK, CARRIED 4-0, to:

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
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council inquiries.

Rick Loeffler spoke in support of the proposed miniature golf facility; noted that the Friends of San Clemente Foundation also supports the miniature golf facility.

Jeff Moore, San Clemente, reported that he is one of the developers for the project and urged Council to vote in support of the miniature golf course.

Marcus Vanneman, San Clemente, noted that he is one of the developers on the project; spoke in support of the lease.

Andrew Street, noted he is a developer for the project; urged Council to move forward with the lease.
23 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 9

MOTION BY MAYOR PRO TEM KNOBLOCK, SECOND BY
COUNCILMEMBER CABRAL, CARRIED 4-0, to 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.

B. CONSIDERATION OF WASTEWATER (SEWER) UTILITY COST OF

SERVICE STUDY AND SCHEDULING OF A PUBLIC HEARING ON

SEWER RATES
Financial Services Officer Rahn narrated a PowerPoint presentation entitled “City of San Clemente Wastewater Rate Study – Results” and responded to Council inquiries.

MOTION BY COUNCILMEMBER CARBRAL, SECOND BY
COUNCILMEMBER ENMEIER, CARRIED 3-1 (MAYOR PRO TEM
KNOBLOCK VOTING NOE), to:

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.)
City Manager Hall reported that he and Councilmember Cabral met with the Coastal Administrator in Oceanside to determine the model for the newly created position; noted that this position will be included in the upcoming budget.

Lois McNicol, spoke concerning the cost of a Coastal Administrator versus the cost of a Special Election.

MOTION BY MAYOR PRO TEM KNOBLOCK, SECOND BY
COUNCILMEMBER CABRAL, CARRIED 4-0, to:
24 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 10

1. 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)

Safety Concerns on Via San Gorgonio
Concerned Resident, narrated a PowerPoint presentation describing safety concerns on Via San Gorgonio. A hard copy of the presentation is on file with the City Clerk.

San Clemente Police Services
Rick Loeffler provided an update on recent San Clemente Police Services incidents.

US Conference of Mayors
Tony Rubolino requested an update on the unredacted emails where Mayor Duncan communicated with Staff concerning his trip to the US Conference of Mayors; voiced concern with Mayor Duncan’s use of social media.

12. Future Agenda Items
Green Line Trolley
Councilmember Enmeier, with the support of Mayor Duncan and Mayor Pro Tem Knoblock, agendized an update on the Green Line Trolley for consideration of continuing it through the summer months.

Public Portable Restrooms
Councilmember Enmeier suggested the installation of public portable restrooms through the City.

Project Homeward Bound
Councilmember Enmeier, with the support of Mayor Duncan agendized consideration of the Human Affairs Committee reviewing the benefits of Project Homeward Bound.
25 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 11 Private Security Contract
Councilmember Cabral, with the support of Mayor Pro Tem Knoblock and Mayor Duncan, agendized for the May 16, 2023 meeting consideration of a Private Security contract.

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

HUMAN AFFAIRS COMMITTEE
City Clerk Campagnolo reviewed the contents of the
Administrative Report.

MOTION BY COUNCILMEMBER CABRAL, SECOND BY MAYOR
PRO TEM KNOBLOCK, CARRIED 4-0, to:

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
Beach Nourishment Subcommittee
Councilmember Cabral noted that he and Councilmember Enmeier met with the Coastal Commission and Army Corps of Engineers.

Homeless Subcommittee
Councilmember Enmeier noted that the Homeless Subcommittee has had productive meetings concerning the best way to respond to homelessness within the City. Councilmember Cabral thanked Deputy Garcia for her efforts related to participation in the Homeless Subcommittee and her efforts to improve North Beach.

C. Council Members
Southern California Association of Governments 2023 Regional Conference and General Assembly
Councilmember Cabral reported that he is scheduled to attend the Southern California Association of Governments 2023 Regional Conference and General Assembly.

Cinco de Mayo Event at Max Berg Park
Councilmember Cabral invited the community to attend the Cinco de Mayo 26 City Council Minutes ‐ Regular City Council Meeting of May 2, 2023 Page 12 event at Max Berg Park on Saturday, May 6, 2023.

Family Fest Event
Councilmember Enmeier reported on the success of the Family Fest event; encouraged residents to attend future events.

Lifeguard Foundation Event
Mayor Duncan reported on his attendance at the Lifeguard Foundation event which featured the winner of the Eddie Aikau big wave contest.

Orange County Fire Authority Best and Bravest Awards
Mayor Duncan, Councilmember Cabral and Councilmember Enmeier noted their attendance at the Orange County Fire Authority Best and Bravest awards.

D. City Attorney
Reported that she is thankful to serve the City of San Clemente.

E. City Manager
None.

14. ADJOURNMENT

MOTION BY COUNCILMEMBER ENMEIER, SECOND BY MAYOR PRO TEM KNOBLOCK, CARRIED 4-0, to adjourn at 10:00 p.m. The next Regular Council Meeting is scheduled to take place on May 16, 2023. Closed Session items will be considered at 5:00 p.m. and the Regular Business Meeting will commence at 6:00 p.m. The meeting will take place in the City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

City Clerk of the City of
San Clemente, California

MAYOR of the City of
San Clemente, California
27 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (1)
Subject:

PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF MARCH 28, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/8/2023
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29 30
31 32
33 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (2)
Subject:

INVESTMENT ADVISORY COMMITTEE REGULAR MEETING MINUTES OF JANUARY 23, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/9/2023
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CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Regular Meeting – January 23, 2023
A Regular Meeting of the City of San Clemente Investment Advisory Committee was called to order by City Treasurer, Charlie Smith, on January 23, 2023, at 5:34 p.m. and the Pledge of Allegiance was recited. This meeting was conducted in Community Conference Room at City Hall, 910 Calle Negocio, San Clemente.
(1) ROLL CALL
PRESENT: Investment Advisory Committee Members:

Charlie Smith, City Treasurer
Steve Knoblock, City Council Member
Art Carter, Citizen Representative
Ryan Bourque, Citizen Representative
Jeff Willardson, Industry Specialist
Staff:

Sandee Chiswick, Senior Accountant
ABSENT: None

CHANDLER
REPRESENTATIVE: Jayson Schmitt
PUBLIC: None
Jeff Willardson introduced himself and discussed his experience. (2) APPROVAL OF MINUTES
Motion by Art Carter, seconded by Steve Knoblock to approve the October 24, 2022 minutes. Approved 5-0.
(3) APPROVE 2
nd QUARTER FY 2022-23 INVESTMENT REPORT
Jayson Schmitt, Chandler Asset Management representative, reviewed the second quarter investment report and responded to questions raised by committee members.

Motion by Art Carter, seconded by Steve Knoblock, to approve the 2nd Quarter FY 2022-23 Investment Report. Approved 5-0.
35 Investment Advisory Committee Minutes January 23, 2023 Page 2 Steve Knoblock discussed the desalination facility and City’s potential investment.

Mr. Smith explained that investment in securities beyond five years could be purchased with Council approval. Jayson Schmitt explained that they were typically serial bonds, similar to municipal bonds.
(4) BROKER DEALER RELATIONSHIPS
This item was tabled to the next meeting.
(5) COMPOSITION OF INVESTMENT ADVISORY COMMITTEE
City Treasurer discussed the composition of the investment advisory committee, and the role of the committee.
(6) PUBLIC INPUT
None
(7) ADJOURNMENT
At 6:52 p.m., motion by Charlie Smith, seconded by Art Carter, carried 5-0, to adjourn to the next meeting to be held on April 24, 2023, at 5:30 p.m. at City Hall located at 910 Calle Negocio, San Clemente, California. _________________________________
Charlie Smith
Chair-Investment Advisory Committee
Future Meeting Dates:

April 24, 2023
July 24, 2023
36 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (3)
Subject:

DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF APRIL 12, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/11/2023
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Design Review Subcommittee Regular Meeting Minutes April 12, 2023 Page 1

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
APRIL 12, 2023
Subcommittee Members Present: Chair Steven Camp, Cameron Cosgrove, Bart Crandell
Subcommittee Members Absent: None
Staff Present: Adam Atamian, Deputy Community Development Director, Contract Planner John Ciampa

1. MINUTES
None

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. City Antenna Permit 23-103 Dish Wireless Telecommunications Facility (Ciampa)
A request to install antennas and equipment on an existing ball field light standard and equipment enclosure in the San Gorgonio City Park at 2916 Via Gorgonio.

Contract Planner John Ciampa summarized the staff report.

Chair Camp opened the item for public comments. There was no one present to speak on this item.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
 The DRSC supported the project design for alternative two because the flush mounted antenna and equipment design on the light standard complies with the Wireless Master Plan.

The Subcommittee supported the applicants proposed alternative two design and recommended the project move forward to the Zoning Administrator for final consideration.

3. NEW BUSINESS
None

4. OLD BUSINESS
None
38 Design Review Subcommittee Regular Meeting Minutes April 12, 2023 Page 2

5. ORAL AND WRITTEN COMMUNICATION
None

ADJOURNMENT
Adjourned to the April 26, 2023 DRSC meeting at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
M. Steven Camp, Subcommittee Member
Attest:
_______________________________
Adam Atamian, Deputy Community Development Director
39 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (4)
Subject:

DESIGN REVIEW SUBCOMMITTEE MEETING MINUTES OF MARCH 29, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/11/2023
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Design Review Subcommittee Regular Meeting Minutes March 29, 2023 Page 1

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
MARCH 29, 2023
Subcommittee Members Present: Chair Steven Camp, Cameron Cosgrove Subcommittee Members Absent: Bart Crandell
Staff Present: Jonathan Lightfoot, Economic Development Officer, Senior Planner Chris Johnson, Assistant Planner David Carrillo, Contract Planner John Ciampa

1. MINUTES
None

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. Minor Architectural Permit 22-119, Lohmann Balcony, 101 Via Bellas Artes (Coury)
A request to replace a wrought iron guardrail with partial glass guardrail on the alcove of a second story balcony at the corner of Via Bellas Artes and Via Artemesia, an existing single family residence within the Marblehead Coastal Specific Plan.

Assistant Planner Laura Coury summarized the staff report.

Chair Camp opened the item for public comments. There was no one present to speak on this item.

The Subcommittee recommended approval for the full glass balcony at this time, but moved to preserve the Spanish architecture within the Marblehead Specific Plan development, and more specifically with the homes noted in the Marblehead Coastal Visual Enhancement Plan. Wrought iron treatments for accessory structures is the preference, but glass would be allowed in areas outside the visual enhancement plan if complements Spanish architecture.

B. Conditional Use Permit 22-370, Drift Distillery and Kitchen, 119 S. El Camino Real (Johnson)
A request to open a restaurant, distillery tasting room with on-site manufacturing of hard alcohol, and amplified live entertainment at 115 S. El Camino Real.

Senior Planner Chris Johnson summarized the staff report. 41 Design Review Subcommittee Regular Meeting Minutes March 29, 2023 Page 2 Chair Camp opened the item for public comments. The applicant, Ryan Winter, was present to speak on this item.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
 DRSC noted that the pedestrian interface and building function should enhance pedestrian experience and “small town charm.”
 DRSC suggested that an engaging seat wall with plants be incorporated between the side entry and patio area.
 Consider “notch” between access/entrance on side and patio area, should be enhanced with some landscape.
 Whitewashed stucco and treatment is recommended.
 Requested that applicant reconsider windows and doors, big heavy wooden door. It was noted that large heavy wooden doors with ornate handles are a “big part of Spanish Colonial Revival architectural.”
 Windows transition to other elements (e.g. divided lights) that allow to see in, but not large windows.
 Recommended discussing with their architect how doors and windows could be enhanced.
 Consider primary entrance access along the frontage.
 Access on the side is problematic with cars coming in. Consider access modification along the frontage.
 Look at eliminating/closing off driveway on ECR to create a safer gathering area….is there a possibility? DRSC modified suggestion to see if the ECR access for only ingress from ECR. Egress only up the existing ramp to Avenida de la Estrella.
 Consider removing some seats (maybe 6) change the dynamic of where you can put the entrance. Create a street scene that’s better and make primary entry more pedestrian friendly.
 Consider slider door on front (similar to Los Molinos brewery)…maybe a big wood slider, or collapsible like Gemas.
 Trellis is a strong element, instead of awning. Suggest continuing/wrapping trellis around the corner of the building to accentuate the side access area. It’s more Spanish Colonial Revival, incorporate plants and up-lights…create a nice place here. Incorporating this will support the enhancing of the pedestrian experience and architecture.
 Recommend removing the retractable patio cover.

The Subcommittee recommended that the applicant coordinate with architect on updating architectural elements and to incorporate noted suggestions.

C. Minor Architectural Permit 22-424 / Minor Exception Permit 22-423, Ely BonaDonna Residence, 113 W. Mariposa (Johnson)
42 Design Review Subcommittee Regular Meeting Minutes March 29, 2023 Page 3 Application for a second story addition of 735 square feet to an existing legal nonconforming single-family residence, proposed rooftop deck and two additional decks located at 113 West Mariposa (Ely/BonaDonna Residence).

Senior Planner Chris Johnson summarized the staff report.

Chair Camp opened the item for public comments. The applicant, **, was present to speak on this item.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
 DRSC requested Applicant discuss the proposed architectural treatments  Roof material standing seam bronze steel metal finish  Existing windows will be replaced with steel windows with glass insert for roof deck, smooth stucco, proposed house paint will be cream color similar to what it is now.
 DRSC noted proposed is an enhancement
 Can encroachment be moved back to 5’ so that we are not increasing nonconformity? Discussed that is was a minor amount and does not considerably increase non-conformity.
 DRSC recommended removing the proposed spiral staircase. Recommend some other solution…they are dangerous.
 Suggested switch back stairs up instead, applicant doesn’t want a solid feel and wants stairs more open.
 Applicant will check with owner and discuss suggested modification.  Roof deck is fine, but thinks spiral staircase is dangerous. Applicant stated that they can’t “pop-up” from inside the house…takes up too much space.  Are stairs a nuisance? They are off second floor.
 Applicant, proposed to discuss a redesign of the staircase to create a landing and remove spiral staircase. Make it look more like a floating space.

The Subcommittee recommended that the project be advanced to the Zoning Administrator for approval.

3. NEW BUSINESS
None

4. OLD BUSINESS
None

5. ORAL AND WRITTEN COMMUNICATION
None
43 Design Review Subcommittee Regular Meeting Minutes March 29, 2023 Page 4

ADJOURNMENT
Adjourned to the March 29, 2023 DRSC meeting at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
M. Steven Camp, Subcommittee Member
Attest:
_______________________________
Jonathan Lightfoot, Economic Development Officer
44 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (5)
Subject:

PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 19, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/11/2023
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These minutes will be considered for approval at the Planning Commission meeting of 05-03-2023.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
April 19, 2023 @ 6:00 p.m.

San Clemente City Hall Council Chambers
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:00 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

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

3. ROLL CALL
Commissioners Present: Gary P. McCaughan, M.D., Chair pro tem M. Steven Camp, Vice Commissioners Absent:

Staff Present:

Chair Cameron Cosgrove, Chair Scott McKhann
Barton Crandell, Brent Davis, Karen Prescott-Loeffler,
Jonathan Lightfoot, Economic Development Officer, (Acting Planning Commission Secretary)
Laura Coury, Assistant Planner
Kyle Webber, Assistant Planner
Christopher Wright, Associate Planner II
Elizabeth Mitchell, City Attorney
Eileen White, Recording Secretary
On a 4-0 straw vote, the Commission voted to rearrange the agenda. 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.

4. SPECIAL ORDERS OF BUSINESS
None
46 Minutes of Regular Planning Commission Meeting of April 19, 2023 Page 2

5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of March 22, 2023.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY CHAIR

PRO TEM CAMP AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE MARCH 22, 2023, PLANNING COMMISSION REGULAR MEETING AS SUBMITTED.

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
None

8. PUBLIC HEARING
A. Conditional Use Permit 22-255, Sancho’s Tacos Full Alcohol, 1101 S. El Camino Real
A request to consider full alcohol service (Type 47 License) for indoor and outdoor consumption at an existing restaurant located at 1101 S. El Camino Real.

Laura Coury, Assistant Planner, reviewed the staff report and responded to clarification questions of the Commissioners. Technical issues prevented display of the PowerPoint Presentation.

Chair McKhann opened the public hearing.

Valerie Sacks and Donny Lancaster, applicant’s representative and applicant, respectively, thanked Planner Coury and staff for their assistance with this application; responded to questions regarding parking, restaurant seating, and patio lighting; stated that their goals are to expand alcohol service to include a wider range of offerings for the clientele and increase opportunities for business longevity and future growth.

Chair McKhann closed the public hearing.

IT WAS MOVED BY CHAIR PRO TEM CAMP, SECONDED BY
COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED TO:
47 Minutes of Regular Planning Commission Meeting of April 19, 2023 Page 3 1) Determine the Project is Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and;
2) Adopt Resolution no. PC 23-007, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-255,
SANCHO’S TACOS ALCOHOL SERVICE, LOCATED AT 1101 SOUTH EL

CAMINO REAL AND FIND THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER SECTION 15301 OF THE CEQA GUIDELINES (14 CCR § 15301, CLASS 1: EXISTING FACILITIES).”
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] Deputy City Attorney Mitchelle stated for the record that the Planning Commission’s action may be appealed within ten days of its decision.

B. Zoning Amendment 22-366 – Zoning Permit Streamlining A request to consider a City-initiated amendment to Title 17 (Zoning) of the San Clemente Municipal Code to:

A. Clarify planning permit review procedures to facilitate staff implementation and promote public understanding;
B. Consolidate planning applications, making it easier for the public to understand which zoning permits are required and to submit applications, and reduce staff time on report writing, which allows the reallocation of those resources to other City priorities and review of other project applications. These amendments preserve findings for project consistency with planning documents, such as the General Plan, Zoning Ordinance, and Design Guidelines, use compatibility, quality design, historic preservations, and other planning issues. Therefore, the amendments maintain a focus on ensuring projects implement community goals and policies for quality of life;
C. Update the staff-level approval process for minor architectural changes.

Currently the Zoning Code has a “staff waiver” application that functions as a permit rather than a waiver. There are approval findings, an ability to add conditions, and types of eligible projects, including a broad category: “Other minor projects that do not substantially alter the visual appearance and/or architectural integrity of the property or structure.” The proposed Ordinance replaces the staff waiver application with an “Administrative Development Permit” that:
1) Replace criteria for review of administrative applications. Currently, there are required findings that would be replaced with objective general 48 Minutes of Regular Planning Commission Meeting of April 19, 2023 Page 4 and project-specific standards, (e.g., projects that won’t affect characterdefining features of historic structures, such as a privacy fence constructed of certain materials). The general standards address design issues, such as architectural style, materials, colors, massing, scale, and historic considerations. The project-specific standards are additional objective criteria for eligible projects, such as types of windows that are minor for staff approval;
2) List types of eligible projects for staff approval that meet general and project standards. The existing broad category for eligible projects would be removed with a list of specific set of projects staff has authority to act upon.

This makes the administrative process more objective. The projects that don’t meet eligibility criteria would require a public hearing. Also, the City Planner would continue to have the authority to refer applications to a public hearing if finding a proposal has potential for significant public concern or impacts; and
3) Record of staff approvals would be included in City Council packets for transparency and public oversight of staff decisions. Currently, staff waiver decisions are reported to the Planning Commission in their agenda packet and the City Council reviews the minutes at the follow-up hearing with review of Planning Commission minutes.

D. Streamline the level of review required to approve several project types, while maintaining public minutes of decisions and appeal procedures, when experience has shown the project have not had issues of significant public concerns or impacts to prompt a higher level of public review. The proposed streamlining is described in Attachment 2 of the administrative staff report. The streamlining includes: 1) reducing the level of hearing required, such as changing the review authority for a project type from a Planning Commission decision to Zoning Administrator Review; and 2) in three limited instances, the proposed amendments change the decision process from a discretionary public hearing decision to a staff level ministerial process with required approval of an Administrative Development Permit.

Christopher Wright, Associate Planner II, briefly reviewed the staff report. He recommended the Commission provide input and continue this project to the Regular Meeting of June 7, 2023.

Chair McKhann opened the public hearing.

Comments/Suggestions:
 Suggested revisions to policy regarding the use of story poles, especially in light of their high cost and ineffectiveness. Alternatives included accurate and certifiable computer programs to show actual viewscapes; option to install story poles for highest point(s) only; providing the applicant with a 49 Minutes of Regular Planning Commission Meeting of April 19, 2023 Page 5 choice to install story poles or utilize computer programs; requiring thirdparty certification of the simulation results; or only requiring story poles/computer simulations if requesting a height variance. Discussion of this topic will continue at the June 7 meeting.
 Discussion of revising language regarding deadlines on inactive projects, including number of days before applicant is contacted as well as the amount of time the applicant has to respond after being contacted. Planner Wright will bring back revised language for further discussion.  Discussion of public noticing requirements and whether in-concept reviews for non-discretionary applications in the Coastal Zone should require noticing or whether certain types of applications in the Coastal Zone should require noticing. Staff noted that the Long Range Planning team is currently working on the Local Coastal Program, and that considerations of this issue could be addressed under that work program..
 Suggestion to revise the Special Activities Permit request process, including potential to allow for approval of several activities at the same time rather than limiting it to one approval per year. Also suggested that certain types of Special Activities Permits may require Planning Commission review to ensure that proper notification is occurring for events and additional scrutiny for events in sensitive areas.. Staff clarified that Special Activities Permits are managed by the Planning division for activities on private property, while Special Event Permits are managed by the Beaches Parks and Recreation Department for activities on City Properties, including City-sponsored events.
 Consideration of revising the appeal process to allow the Planning Commission to appeal projects approved at the Zoning Administrator level.  Established from staff that any testimony provided by a Planning Commissioner at higher level meetings can only be presented as a private citizen unless permission has been granted to speak for the Commission.

The public hearing for this agenda item will remain open during its continuance.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY VICE

CHAIR COSGROVE AND UNANIMOUSLY CARRIED TO CONTINUE ZONING AMENDMENT 22-366, ZONING PERMIT STREAMLINING, WITH THE PUBLIC HEARING HELD OPEN, TO THE MEETING OF JUNE 7, 2023.
[ITEM CONTINUED. PLANNING COMMISSION DECISION PENDING.]

9. NEW BUSINESS
A. General Plan Strategic Implementation Program (SIP)
A request to forward a recommendation to the City Council on the approval of an annual update to the General Plan Strategic Implementation Program for Fiscal Year 2023-2024 (“FY24”)
50 Minutes of Regular Planning Commission Meeting of April 19, 2023 Page 6 Kyle Webber, Assistant Planner, reviewed the staff report. Technical issues limited display of the PowerPoint Presentation.

Chair McKhann invited the public to provide testimony. There being no one present to provide testimony, the Commission discussion commenced.

Comments/Suggestions:
 Comment that SB 167 calls for “objective” design standards; requested the Planning Commission and Design Review Subcommittee (DRSC) be involved in reviewing City Code to remove “subjective” design standards in this state-mandated process of establishing objective design standards for certain types of development;
 Established from staff that this project is an annual update used to help City Council allocate resources and prioritize projects during the annual budget process.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY
CHAIR PRO TEM CAMP AND UNANIMOUSLY CARRIED TO:
1) Determine a review of the project has been completed according to the California Environmental Quality Act (CEQA), and find the FY24 SIP is not subject to CEQA according to State CEQA Guidelines Section 15378 and Section 15061(b)(3); and
2) Adopt Resolution no. PC 23-005, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE

THE GENERAL PLAN STRATEGIC IMPLEMENTATION PROGRAM (SIP) FOR FISCAL YEAR 2023-2024.”
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
Deputy City Attorney Mitchell stated for the record that the Planning Commission’s action may be appealed within ten days of its decision.

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
Reports received and filed.
51 Minutes of Regular Planning Commission Meeting of April 19, 2023 Page 7 B. Staff Waiver Report
Reports received and filed.

Saturday Car Show: Discussion ensued regarding any complaints submitted through the City regarding the Saturday car shows. Staff agreed to contact the operators for comment as well as a listing of any complaints that have come through their own website. Staff will provide an update once research is complete.

North Beach Miramar Theater Remodel: Following request for an update, staff indicated that they have set up a meeting with the developers to discuss the project, with staff going into the meeting to 1) determine needed repairs, 2) create a plan to protect the unfinished work, and 3) address site clearance and security issues.

Planning Commission Ethics Training: Request that all Commissioners respond to staff’s request to conduct the online training together at City Hall.

State Historic Preservation Training: Request that all Commissions to contact staff if they haven’t already to arrange for online training at City Hall.

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS MOVED

BY VICE CHAIR CAMP, SECONDED BY COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED TO ADJOURN THE MEETING AT 8:07 P.M. TO THE NEXT

REGULAR PLANNING COMMISSION MEETINGS TO BE HELD IN-PERSON ON MAY 3, 2023, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND

TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Scott McKhann, Chairman
Attest:

Jonathan Lightfoot, Acting Planning Commission Secretary 52 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (6)
Subject:

PLANNING COMMISSION REGULAR MEETING MINUTES OF MAY 3, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/11/2023
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These minutes will be considered for approval at the Planning Commission meeting of 05-17-2023.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
May 3, 2023 @ 6:00 p.m.

San Clemente City Hall Council Chambers
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org/live or Cox Channel 854

CALL TO ORDER
Chair McKhann called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:00 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel or live on Cox Channel 854.

2. PLEDGE OF ALLEGIANCE
Vice Chair Cosgrove led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Gary P. McCaughan, M.D., Karen Prescott-Loeffler; Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: Barton Crandell, Brent Davis; Chair pro tem M. Steven Camp, Staff Present: Jonathan Lightfoot, Economic Development Officer, (Acting Commission Secretary)
Christopher Wright, Associate Planner II
David Carrillo, Assistant Planner
Gena Burns, Deputy City Attorney
Eileen White, Recording Secretary

4. SPECIAL ORDERS OF BUSINESS
None

5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of April 19, 2023.

IT WAS MOVED BY COMMISSIONER MCCAUGHAN, SECONDED BY CHAIR

PRO TEM CAMP AND UNANIMOUSLY CARRIED TO RECEIVE AND FILE THE MINUTES FROM THE APRIL 19, 2023, PLANNING COMMISSION REGULAR

MEETING WITH ONE CORRECTION, TO CHANGE THE STAFF TITLE FOR ELIZABETH MITCHELL TO “CITY ATTORNEY”.
54 Minutes of Regular Planning Commission Meeting of May 3, 2023 Page 2

6. ORAL AND WRITTEN COMMUNICATION
None

7. CONSENT CALENDAR
A. General Plan Consistency Finding for Fiscal Year 2024 Proposed Capital Improvement Program
A request for the Planning Commission to find the Fiscal Year 2024 Capital Improvement Program is consistent with the Centennial General Plan.

Christopher Wright, Associate Planner II, briefly reviewed the Program, and distributed a handout at the dais indicating projects that have been revised, added or deleted on the 2024 version of the Capital Improvement Program. The handout was also printed and made available to the public and is on file with the Planning Division.

IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY
COMMISSIONER MCCAUGHAN AND UNANIMOUSLY CARRIED TO:
1) Recommend City Council find the FY 2024 proposed CIP is not a project subject to CEQA according to State CEQA Guidelines Section 15378; and 2) Adopt Resolution no. PC 23-008, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE, CALIFORNIA, FINDING THE FISCAL YEAR 2024 CAPITAL IMPROVEMENT PROGRAM CONSISTENT WITH THE SAN CLEMENTE GENERAL PLAN.”
Amended as follows:

Include the handout, “Exhibit A” as a supporting document. [ACTION SUBJECT TO CITY COUNCIL APPROVAL.]

8. PUBLIC HEARING
A. Conditional Use Permit 23-072, North Beach Villa Full Alcohol, 1410 Calle Mirador
A request to allow a full range of alcohol service at an existing bed and breakfast inn with one manager’s unit and three guest rooms. The site is in the Neighborhood Commercial 2 Zoning District and Architectural, Affordable Housing, and Coastal Zone Overly Districts (NC2-A-AH-CZ) at 1410 Calle Mirador.

David Carrillo, Assistant Planner, narrated a PowerPoint presentation entitled, “North Beach Villa Alcohol Service, CUP 23-072,” dated May 3, 2023. A copy of the Presentation is on file in Planning Division.
55 Minutes of Regular Planning Commission Meeting of May 3, 2023 Page 3 Chair McKhann opened the public hearing.

Eric Spink, applicant, provided an overview of the inn’s operations; responded to Commission comments/suggestions; provided details on service of alcohol and food offerings; noted that he and his wife have completed the required responsible alcoholic beverage service provider’s training; recapped positive public response to the inn to date.

Chair McKhann closed the public hearing.

IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER,

SECONDED BY VICE CHAIR COSGROVE AND UNANIMOUSLY CARRIED TO:
1) Determine the Project is Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities) and;
2) Adopt Resolution no. PC 23-006, entitled, “A RESOLUTION OF THE

PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 23-072, NORTH BEACH VILLA ALCOHOL SERVICE, LOCATED AT 1410 CALLE MIRADOR

AND FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15301 OF THE CEQA GUIDELINES (14 CCR § 15301, CLASS 1: EXISTING FACILITIES).”
[DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] Jonathan Lightfoot, Acting Commission Secretary, stated for the record that the Planning Commission’s action may be appealed within ten days of its decision.

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
Reports received and filed.
56 Minutes of Regular Planning Commission Meeting of May 3, 2023 Page 4 B. Staff Waiver Report
Reports received and filed.

North Beach Miramar Theater Remodel: Jonathan Lightfoot, Economic Development Officer, reported staff met with the developers to discuss the project and request a plan to deal with security and maintenance; noted there had been a shift in ownership; and the project has submitted a request for an amendment to the approved entitlement plans.

Code Enforcement will continue its established procedures to address the situation.

Valencia Project (1502 S. El Camino Real): In response to a request for an update Officer Lightfoot will research the project’s progress and provide an email update.

Commissioner McCaughan announced he would not be present for the May 17, 2023, Regular Meeting.

Chair McKhann announced there is a possibility he will not be present for the June 7, 2023, Regular Meeting.

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS MOVED

BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY VICE CHAIR COSGROVE, AND UNANIMOUSLY CARRIED TO ADJOURN THE MEETING AT 6:38 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD IN-PERSON ON MAY 17, 2023, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92672, AND TELECONFERENCE AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL OR LIVE ON COX CHANNEL 854.

Respectfully submitted,
Scott McKhann, Chairman
Attest:

Jonathan Lightfoot, Acting Secretary to the Planning Commission 57 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (7)
Subject:

ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF APRIL 20, 2023.

CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/11/2023
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These minutes will be approved by the Zoning Administrator on May 18, 2023

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
April 20, 2023
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Gallardo-Daly called the Regular Meeting of the City of San Clemente Zoning Administrator to order on April 20, 2023 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, and San Clemente, California.

Staff Present: Cecilia Gallardo-Daly, Zoning Administrator Chris Johnson, Senior Planner
Karla Morales, Community Development Technician
Tamara Tatich, Office Specialist

2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of February 23, 2023.

3. ORAL AND WRITTEN COMMUNICATION
None

4. PUBLIC HEARING
A. Minor Exception Permit 23-037, Hammerslag Arbor, 513 Avenida Presidio
A request to build a new arbor located within the front yard setback of a property in the Residential Low Zone and constructed to complement the architecture of the residence currently under construction.

Staff recommends that the project is categorically exempt from the California Environmental Quality Act under Section 15303 of the CEQA 59 Minutes of the Zoning Administrator Regular Meeting April 20, 2023 Page 2 Guidelines (14 CCR § 15303, Class 3: New Construction or Conversion of Small Structures).

Community Development Technician, Karla Morales summarized the staff report.

Having no questions for staff, ZA Gallardo-Daly asked if the applicant’s attending representative and architect, Reggie Reyes had anything to add.

Reyes stated that he was excited to complete the project and felt the residence added appeal to the neighborhood. ZA Gallardo-Daly asked, and Reyes to clarified the wall on the plans.

Having no further questions, ZA Gallardo-Daly opened the public hearing.

There being no public comments, ZA Gallardo-Daly closed the public hearing.

ZA Gallardo-Daly thanked staff on a comprehensive report, stated that she had been to the site and is familiar with the project. Seeing the home under construction gave a clear presentation of the design and how the proposed arbor complements the new residence.

ZA Gallardo-Daly stated that the findings for a Minor Exception Permit can be made, in that the arbor is the only structure that is over height; which is minimal, not obsessively wide or dense, and the slim-lined design will be complimentary and soften the landscaping.

The project maintains the residential use of the property as intended by the Residential Low Zoning District.

The Zoning Ordinance specifies a Minor Exception Permit can be requested to allow arbors over 42 inches in height within the front yard setback, which is proposed.

The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the Minor Exception Permit, rather it will complement the existing neighboring properties nicely.

The proposed project is contained entirely within the project site and does not encroach onto neighboring properties or the public right-of-way.

The proposed project is not located adjacent to any driveways on neighboring properties. The proposed project location would not encroach into drivers’ line-of-sight, nor would it obstruct views of traffic to/from any driveways; and the proposed project has height and materials that maintains the character and openness of the street scene. 60 Minutes of the Zoning Administrator Regular Meeting April 20, 2023 Page 3 The proposed project incorporates landscaping, which will mitigate the visual impact of the arbor and complement the surrounding landscaping within the neighborhood.

The approval of the Minor Exception Permit will not be detrimental to the publics’ health, safety or welfare.

The arbor does not create sight distance problems to and from the appropriate street(s).

The project is set back over 10 feet from the sidewalk and property line and over 15 feet from the curb face.

The arbor supports plant material and vine landscaping will be incorporated to soften the visual impact of the wrought iron.

The style, materials, color, and finish of the arbor is consistent with the style of the main building that is under construction.

The arbor is located entirely on private property and it’s appropriate in scale with the main building on the site.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15303 (Class 3: New Construction or Conversion of Small Structures).

Action: The Zoning Administrator adopted Resolution ZA23-006, Minor Exception Permit 23-037 – Hammerslag Arbor, 513 Avenida Presidio – subject to the Conditions of Approval with the added Conditions that follow:

5. NEW BUSINESS
None

6. OLD BUSINESS
None
61 Minutes of the Zoning Administrator Regular Meeting April 20, 2023 Page 4

7. ADJOURNMENT
The meeting adjourned at 3:12 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, May 18, 2023 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

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

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: (1)
Subject:

Approve Wire Transfer Nos.
2841 through 2842 and Warrant Nos.
587884 through 588047 paid on
4-28-23, in the amount of $1,051,050.66
TOTAL WARRANT REGISTER $1,051,050.66
CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/15/2023
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76 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: D.

Subject:

ORDINANCE 1750 (SECOND READING) - LOCAL VENDOR PREFERENCE CITY OF SAN CLEMENTE Page 1 of 1 Printed on 5/9/2023
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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:
78 Ordinance No. 1750 Page 2
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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 80 Ordinance No. 1750 Page 4
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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
82 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: E.

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

CONSIDERATION OF SUPPORTING CALIFORNIA ASSEMBLY BILL (AB) 882 Summary of Assembly Bill 882
During each legislative session, staff, with the assistance of the League of California Cities, the City’s legislative consultant Aprea and Micheli, and discussions with other municipalities, reviews hundreds of legislative bills introduced for consideration by the California Assembly and Senate. When bills containing actions that would directly affect San Clemente are identified, staff forwards the information to the City Council for consideration of expressing support or opposition to the legislation.

Assembly Bill 882 authorizes the state Coastal Conservancy to provide advanced payments of grant funding to awardees and recipients to use for coastal erosion or wildfire resilience projects.

Council Options:
• Authorize the Mayor to execute the letter of support. • Continue the Item with direction to staff to provide additional information. • Take no action.

Fiscal Impact:

None.

Environmental Review/Analysis:

The letter of support is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Staff finds that advance payments of grant funding would benefit the City in addressing coastal issues.

Attachments:

1. Support Letter for AB 882

2. AB 882 Bill Text
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 5/10/2023
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Meeting Date: 5/16/2023 Agenda Item: E.

Notification:

Assemblywoman Laurie Davies (via email)
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 5/10/2023
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City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
May 16, 2023
The Honorable Laurie Davies
California State Assembly
Swing Space, Room 4720
Sacramento, CA 95814
RE: Support for Assembly Bill 882 – Coastal resources:  State Coastal Conservancy:  Advance payments.

The City of San Clemente supports Assembly Bill 882 to authorize the state Coastal Conservancy to begin advanced payments of grant funding to awardees and recipients.

AB 882 allows advanced payments of grant funding to local communities, nonprofit organizations, and government agencies to implement multi‐benefit projects to protect coastal resources.  The cash flow needed for a fully reimbursable grant can be especially burdensome for small, community based non‐profit grantees.

Sincerely,
Chris Duncan
Mayor
City of San Clemente
CELEBRATING 90 YEARS OF INCORPORATION
ATTACHMENT 1
85 AMENDED IN ASSEMBLY MARCH 29, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 882
Introduced by Assembly Member Davies
February 14, 2023
An act to amend Section 31113 of add and repeal Section 31123 of the Public Resources Code, relating to coastal resources. legislative counsel’s digest
AB 882, as amended, Davies. Coastal resources: Climate Ready Program: State Coastal Conservancy. Conservancy: advance payments.

Existing law establishes in the Natural Resources Agency the State Coastal Conservancy. Existing law establishes the Climate Ready Program, administered by the conservancy, in order to address the impacts and potential impacts of climate change on resources within the conservancy’s jurisdiction. Existing law requires the conservancy, when allocating specified funds, to do specified things, including prioritizing projects that use natural infrastructure in coastal communities to help adapt to climate change and prioritizing projects that provide multiple public benefits, as specified. Existing law authorizes the conservancy to award certain grants for specified purposes.

Existing law establishes a pilot program, which is repealed on July 1, 2025, to explore possible improvements to the state’s existing advance payment practices for state-funded assistance grants. Existing law authorizes an administering state agency of a grant program to advance a payment to a recipient entity, which means a local agency or a nongovernmental entity that is awarded a grant by an administering state agency and with whom the administering state agency has entered into a contract pursuant to that grant, in accordance with specified 98 ATTACHMENT 2
86 procedures. These procedures include stipulating an advance payment structure and request process within the grant agreement or contract and ensuring that the advance payment to the recipient entity does not exceed 25% of the total grant amount awarded to the recipient entity, except in specified circumstances.

This bill would permit the conservancy to authorize advance payments on a contract or grant awarded in accordance with the pilot program.

The bill would repeal this authorization on the date the pilot program is repealed.

This bill would require the conservancy to prioritize the review of applications for specified projects and to process those applications no later than 45 days from the date the conservancy receives the application.

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

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 31123 is added to the Public Resources line 2 Code, to read:
line 3 31123. (a)  The conservancy may authorize advance payments line 4 on a contract or grant awarded pursuant to this division in line 5 accordance with Section 11019.1 of the Government Code. line 6 (b)  This section shall remain in effect only until the date that line 7 Section 11019.1 of the Government Code is repealed, and as of line 8 that date is repealed.
line 9 SECTION 1. Section 31113 of the Public Resources Code is line 10 amended to read:
line 11 31113. (a)  The Climate Ready Program is hereby established line 12 and shall be administered by the conservancy to address the impacts line 13 and potential impacts of climate change on resources within the line 14 conservancy’s jurisdiction.
line 15 (b)  In implementing this division, the conservancy may line 16 undertake projects within its jurisdiction, including, but not limited line 17 to, those that reduce greenhouse gas emissions, address extreme line 18 weather events, sea level rise, storm surge, beach and bluff erosion, line 19 salt water intrusion, flooding, and other coastal hazards that line 20 threaten coastal communities, infrastructure, and natural resources. line 21 (c)  Pursuant to the Climate Ready Program, the conservancy line 22 may award grants to public agencies and nonprofit organizations line 23 for activities authorized pursuant to subdivision (b). In awarding 98 AB 882 — 2 —
87 line 1 the grants, the conservancy shall, to the extent allowed, prioritize line 2 projects that maximize public benefits and that accomplish either line 3 of the following:
line 4 (1)  Reduce emissions of greenhouse gases, reduce hazards to line 5 harbors and ports, preserve and enhance coastal wetlands and line 6 natural lands, conserve biodiversity, and provide recreational line 7 opportunities.
line 8 (2)  Reduce flood risk and enhance fish and wildlife habitat, line 9 including projects with multiple benefits that remove sediment line 10 where the excavated material can be used to enhance shorelines line 11 or ecosystems.
line 12 (d)  (1)  The conservancy shall do all of the following:
line 13 (A)  Prioritize projects that use natural infrastructure in coastal line 14 communities to help adapt to climate change.
line 15 (B)  Prioritize projects that provide multiple public benefits, line 16 including, but not limited to, protection of communities, natural line 17 resources, and recreational opportunities.
line 18 (C)  Give consideration to projects in a variety of ecosystems line 19 along the state’s coastline, including, but not limited to, the line 20 protection and expansion of coastal estuaries and lagoons that line 21 provide critical feeding and nursery habitat for juvenile fish species line 22 and foraging habitat for migratory waterfowl and other waterbirds, line 23 including eelgrass habitat.
line 24 (D)  Prioritize the review of applications for projects described line 25 in subparagraphs (A) and (B) and process those applications no line 26 later than 45 days from the date the conservancy receives the line 27 application.
line 28 (2)  The conservancy shall provide information to the Office of line 29 Planning and Research on any projects funded pursuant to this line 30 subdivision to be considered for inclusion into the clearinghouse line 31 for climate adaption information, established pursuant to Section line 32 71360.
line 33 (3)  The conservancy may provide technical assistance to coastal line 34 communities to better assist them with their projects that use natural line 35 infrastructure.
line 36 (4)  For purposes of this subdivision, “natural infrastructure” line 37 means using natural ecological systems or processes to reduce line 38 vulnerability to climate change related hazards, or other related line 39 climate change effects, while increasing the long-term adaptive line 40 capacity of coastal and inland areas by perpetuating or restoring 98 — 3 — AB 882
88 line 1 ecosystem services. This includes, but is not limited to, the line 2 conservation, preservation, or sustainable management of any form line 3 of aquatic or terrestrial vegetated open space, such as beaches, line 4 dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban line 5 tree canopies. It also includes systems and practices that use or line 6 mimic natural processes, such as permeable pavements, bioswales, line 7 and other engineered systems, such as levees that are combined line 8 with restored natural systems, to provide clean water, conserve line 9 ecosystem values and functions, and provide a wide array of line 10 benefits to people and wildlife.

O
98 AB 882 — 4 —
89 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: F.

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

CONSIDERATION OF SUPPORTING CALIFORNIA ASSEMBLY BILL (AB) 966 Summary of Assembly Bill 966
During each legislative session, staff, with the assistance of the League of California Cities, the City’s legislative consultant Aprea and Micheli, and discussions with other municipalities, reviews hundreds of legislative bills introduced for consideration by the California Assembly and Senate. When bills containing actions that would directly affect San Clemente are identified, staff forwards the information to the City Council for consideration of expressing support or opposition to the legislation.

Assembly Bill (AB) 966 requires the Division of Boating and Waterways (DBW), in cooperation with the State Coastal Conservancy (CSS), to submit a report to the Legislature on shoreline erosion control and public beach restoration programs by January 1, 2025. The report would also include identification of beaches within the state that contain a critically eroded shoreline. The requirements of this bill can help San Clemente obtain important information in relation to our efforts to restore our beaches.

Council Options:
· Authorize the Mayor to execute the letter of support. · Continue the item and request additional information from staff. · Take no action.

Fiscal Impact:

None.

Environmental Review/Analysis:

The letter of support is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Staff finds that the information provided by the required reports will help the City of San Clemente in addressing the issue of beach erosion and restoration.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 5/10/2023
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Meeting Date: 5/16/2023 Agenda Item: F.

Attachments:

1. Support Letter for AB 966

2. AB 966 Bill Text
Notification:

Assemblywoman Laurie Davies (via email)
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 5/10/2023
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City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
May 16, 2023
The Honorable Laurie Davies
California State Assembly
Swing Space, Room 4720
Sacramento, CA 95814
RE: Support for Assembly Bill 966 – Division of Boating and Waterways: report to the Legislature: shoreline erosion control and public beach programs.

The City of San Clemente supports Assembly Bill 966 and the goal of ensuring existing state programs are adequately meeting the state’s climate change goals and determining which beaches in our state need the most care and funding to help preserve our current ecological environment.

AB 966 is a measure to require the Division of Boating and Waterways to, no later than January 1, 2025, and in cooperation with the State Coastal Conservancy, prepare and submit a joint report to the Legislature on shoreline erosion control and public beach restoration programs, as specified. The measure would require the report, among other things, to detail and discuss existing programs, evaluate the need for continued projects and program application requirements, and identify the beaches of the state that contain a critically eroded shoreline.

The premise of this bill is nothing new. In fact, a study was conducted and published in 2002 on the effectiveness of these programs during their inception back in 1999. However, no recent study or report has been done since.

The City of San Clemente supports this measure because our beaches are facing dramatic coastal erosion and this report would identify whether our beaches are the most in need for sand replenishment and state funds.

Sincerely,
Chris Duncan
Mayor
City of San Clemente
CELEBRATING 90 YEARS OF INCORPORATION
ATTACHMENT 1
92 AMENDED IN ASSEMBLY MARCH 2, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 966
Introduced by Assembly Member Davies
February 14, 2023
An act to add and repeal Section 67.5 of the Harbors and Navigation Code, relating to public postsecondary education. shoreline erosion control.
legislative counsel’s digest
AB 966, as amended, Davies. Public postsecondary education:

University of California: research funding. Division of Boating and Waterways: report to the Legislature: shoreline erosion control and public beach programs.

Existing law establishes the Division of Boating and Waterways within the Department of Parks and Recreation to, among other things, study and monitor beach erosion and means for the stabilization of beaches and shoreline areas.

Existing law generally authorizes the division to cooperate with all relevant agencies of government for purposes of beach erosion control and stabilization of beaches and shoreline areas. Existing law, subject to funding availability, including the division’s management of any federal funds, requires the division to prepare plans for and construct erosion control or stabilization projects as its studies and investigations indicate to be necessary for beach erosion control or stabilization of beaches and shoreline areas, and specifically authorizes several projects.

This bill would require the division to, no later than January 1, 2025, and in cooperation with the State Coastal Conservancy, prepare and 98 ATTACHMENT 2
93 submit a joint report to the Legislature on shoreline erosion control and public beach restoration programs, as specified. The bill would require the report, among other things, to detail and discuss existing programs, evaluate the need for continued projects and program application requirements, and identify the beaches of the state that contain a critically eroded shoreline, as this bill would define the term.

This bill would repeal its provisions on January 1, 2026.

Existing law establishes the University of California, under the administration of the Regents of the University of California, as one of the segments of public postsecondary education in this state. The University of California provides instruction to students at its 10 campuses, which are located in Berkeley, Davis, Irvine, Los Angeles, Merced, Riverside, San Diego, San Francisco, Santa Barbara, and Santa Cruz.

This bill would state the intent of the Legislature to enact future legislation that would enable the University of California, Irvine, to continue its research of beaches, including beach topography, erosion, sand depletion, and flood protection.

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

State-mandated local program: no.

The people of the State of California do enact as follows:
line 1 SECTION 1. Section 67.5 is added to the Harbors and line 2 Navigation Code, to read:
line 3 67.5. (a)  The division shall, in cooperation with the State line 4 Coastal Conservancy and pursuant to Section 9795 of the line 5 Government Code, prepare and submit a joint report to the line 6 Legislature no later than January 1, 2025, on shoreline erosion line 7 control and public beach restoration programs that does all of the line 8 following:
line 9 (1)  Details the restoration, nourishment, and enhancement line 10 activities undertaken through these programs.
line 11 (2)  Discusses and evaluates the need for continued shoreline line 12 erosion and public beach restoration projects.
line 13 (3)  Reports on the effectiveness of these programs in addressing line 14 that need.
line 15 (4)  Discusses ways to increase natural sediment supply in order line 16 to decrease the need to nourish the state’s beaches, including, but 98 AB 966 — 2 —
94 line 1 not limited to, an analysis of specific locations where structures line 2 may be removed or modified.
line 3 (5)  Evaluates if application requirements for the programs needs line 4 to be altered to allow for more applicants.
line 5 (6)  Identifies the beaches of the state that contain a critically line 6 eroded shoreline.
line 7 (b)  For the purposes of this section, “critically eroded line 8 shoreline” means a segment of the shoreline where natural line 9 environmental processes or human activity have caused or line 10 contributed to erosion and recession of the beach or dune system line 11 to such a degree that upland development, recreational interests, line 12 wildlife habitat, or important cultural resources are threatened line 13 or lost. Critically eroded shorelines may also include peripheral line 14 segments or gaps between identified critically eroded areas that, line 15 although they may be stable or slightly erosional now, their line 16 inclusion is necessary for continuity of management of the coastal line 17 system or for the design integrity of adjacent beach management line 18 projects.
line 19 (c)  This section shall remain in effect only until January 1, 2026, line 20 and as of that date is repealed.
line 21 SECTION 1. It is the intent of the Legislature to enact future line 22 legislation that would enable the University of California, Irvine, line 23 to continue its research of beaches, including beach topography, line 24 erosion, sand depletion, and flood protection.

O
98 — 3 — AB 966
95 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: G.

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

CONSIDERATION OF ADOPTING A RESOLUTION IN SUPPORT OF CALIFORNIA SENATE BILL (SB) 337
Summary:

During each legislative session, staff, with the assistance of the League of California Cities, the City’s legislative consultant Aprea and Micheli, and discussions with other municipalities, reviews hundreds of legislative bill introduced for consideration by the California Assembly and Senate. When bills containing actions that would directly affect San Clemente are identified, staff forwards the information to the City Council for consideration of expressing support or opposition to the legislation.

In this instance, Executive Order No. N-82-20 established a state goal to conserve at least 30 percent of California’s land and coastal waters by 2030 to support the global effort to combat the biodiversity and climate crises (30x30 goal). Senate Bill 337, if passed, would codify this goal. The interest of San Clemente in this bill is the importance of preserving critical open space near the coast identified in the City’s land use ordinances.

Council Options:
• Authorize the Mayor to execute the letter of support. • Continue the Item with direction to staff to provide additional information. • Take no action.

Fiscal Impact:

None
Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act Recommended Actions:

Staff Recommendation
Staff has identified this legislation as having a potential impact on the City of Can Clemente. The City Council will need to determine whether to support or oppose the legislation. Staff finds that supporting the legislation may help protect critical open space near the coast in San Clemente.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 5/10/2023
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Meeting Date: 5/16/2023 Agenda Item: G.

Attachment:

1. Support Letter for SB 337

2. SB 337 Bill Text
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 5/10/2023
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ATTACHMENT 1

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Cabral
Mark Enmeier

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
May 16, 2023
The Honorable Toni Atkins
Senate President Pro Tempore
California State Senate
1021 O Street
Suite 8518
Sacramento, CA 95814-4900
RE: SB 337 (Min) Environmental protection: Lands and Coastal Waters Conservation Goal.

POSITION: Support
Dear Senate President Pro Tempore Atkins:

The City of San Clemente writes to express our support of SB 337, which would establish a state goal to conserve at least 30 percent of California’s land and coastal waters by 2030, which would codify this goal from Executive Order No. N82-20.

For decades, residents in San Clemente have spoken loud and clear about the importance of preserving our open space and protecting the character of our community. In the 1920s, San Clemente founder Ole Hanson envisioned a town that preserved the natural beauty and tranquility of San Clemente’s rolling hills and ocean breezes. He said, “I am going to build a beautiful city on the ocean where the whole city will be one great park”.

Since incorporation in 1928, the city has carefully and consistently planned development to align with Hanson’s vision. The city strives to preserve environmental interests essential to our quality of life and our “Spanish Village by the Sea” identity, and open space comprises 50 percent of the City of San Clemente. Open space includes San Clemente’s rolling hills, nature preserves, coastal canyons, beaches, trails, parks, playgrounds and golf courses.

CELEBRATING 90 YEARS OF INCORPORATION
98

_______________________________
Kathleen Ward
Mayor, City of San Clemente
In 2008 the residents approved the San Clemente Open Space Ordinance, Measure V, to protect our community by an overwhelming 72 percent. SB 337 is consistent with and supports San Clemente’s long-standing public policy of preserving open space.

For these reasons, the City of San Clemente supports SB 337.

Sincerely,
Chris Duncan,
Mayor, City of San Clemente
cc. Senator Janet Nguyen (via email: [email protected]) Assemblywoman Laurie Davies (via email: [email protected]) 99 AMENDED IN SENATE APRIL 20, 2023
AMENDED IN SENATE MARCH 15, 2023
SENATE BILL No. 337
Introduced by Senator Min
(Principal coauthor: Assembly Member Kalra)
(Coauthor: Senator Stern)
February 7, 2023
An act to amend Sections Section 71450 and 71452 of the Public Resources Code, relating to environmental protection.
legislative counsel’s digest
SB 337, as amended, Min. Environmental protection: biodiversity and conservation report. lands and coastal waters conservation goal.

By Executive Order No. N-82-20, Governor Gavin Newsom directed the Natural Resources Agency to combat the biodiversity and climate crises by, among other things, establishing the California Biodiversity Collaborative and conserving at least 30% of the state’s California’s lands and coastal waters by 2030. Existing law requires the Secretary of the Natural Resources Agency to prepare and submit, on or before March 31, 2024, and annually thereafter, a report to the Legislature on the progress made in the prior calendar year toward achieving the goal to conserve 30% of state California’s lands and coastal waters by 2030.

This bill would provide that it is the goal of the state to conserve at least 30% of state California’s lands and coastal waters by 2030, and require the secretary to post the report described above on the agency’s internet website, as provided. 2030.

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

State-mandated local program: no.
97 ATTACHMENT 3
100
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 71450 of the Public Resources Code is line 2 amended to read:
line 3 71450. (a)  For the purposes of this part, the following line 4 definitions apply:
line 5 (1)  “30x30 goal” means the goal to conserve 30 percent of state line 6 California’s lands and coastal waters by 2030 established in line 7 subdivision (b) and by Executive Order No. N-82-20. line 8 (2)  “Pathways to 30x30 Report” means the report entitled line 9 “Pathways to 30x30 California: Accelerating Conservation of line 10 California’s Nature” that was issued by the Natural Resources line 11 Agency on April 22, 2022.
line 12 (b)  It is the goal of the state to conserve at least 30 percent of line 13 California’s land lands and coastal waters by 2030. line 14 SEC. 2. Section 71452 of the Public Resources Code is line 15 amended to read:
line 16 71452. (a)  Notwithstanding Section 10231.5 of the line 17 Government Code, the Secretary of the Natural Resources Agency line 18 shall prepare and submit, on or before March 31, 2024, and line 19 annually thereafter, a report to the Legislature on the progress line 20 made in the prior calendar year toward achieving the 30x30 goal. line 21 The report shall include, but is not limited to, all of the following line 22 information:
line 23 (1)  The number of acres conserved in the prior calendar year line 24 and the number of acres remaining that need to be conserved to line 25 meet the 30x30 goal, including information on how that goal is line 26 conserving California’s imperiled biodiversity. line 27 (2)  A summary of the progress made in the prior calendar year line 28 to advance toward the 30x30 goal and the near-term priority actions line 29 identified in the Pathways to 30x30 Report.
line 30 (3)  How and where state funding that was expended in the prior line 31 calendar year was used in furtherance of the 30x30 goal, including line 32 the amount of funding expended for land and water conservation, line 33 science and research, public outreach and engagement, and line 34 managing, monitoring, and restoring conserved lands and water. line 35 (4)  The progress made by the 30x30 Partnership in the prior line 36 calendar year, including by the 30x30 Coordinating Committee, line 37 California Biodiversity Council, and California Biodiversity line 38 Network.
97 SB 337 — 2 —
101
line 1 (5)  The status of, and progress made by, CA Nature, which is line 2 the suite of interactive mapping and visualization tools developed line 3 pursuant to the 30x30 goal, and other scientific research or tools line 4 developed in the prior calendar year to support the 30x30 goal. line 5 (6)  The coordination between local, state, and federal agencies line 6 in support of the 30x30 goal.
line 7 (7)  The progress made in the prior calendar year to address line 8 equity as part of the 30x30 goal, including state funding invested line 9 in community engagement, planning, acquisition and restoration, line 10 and expenditures for efforts by tribes or community-based groups. line 11 (8)  Identified barriers to implementing the 30x30 goal and line 12 recommended actions taken or needed to address those barriers. line 13 (9)  Interim benchmarks for the next calendar year to help meet line 14 the 30x30 goal and specific actions to implement the 30x30 goal. line 15 (b)  A report to be submitted pursuant to this section shall be line 16 submitted in compliance with Section 9795 of the Government line 17 Code.
line 18 (c)  The Secretary of the Natural Resources Agency shall post line 19 the report on the Natural Resources Agency’s internet website line 20 where it shall be publicly accessible.

O
97 — 3 — SB 337
102

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: H.

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

APPROVAL OF A LICENSE AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION

AUTHORITY FOR CONTINUED USE OF THE SAN CLEMENTE PEDESTRIAN BEACH TRAIL

AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS I (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES
Summary:

The San Clemente Pedestrian Beach Trail is located within the Orange County Transportation Authority (OCTA) right-of-way. Approval of this license agreement with OCTA will allow San Clemente residents and visitors to continue to use the beach trail for recreational purposes. A new license agreement is required since the trail is located on property owned by OCTA and the prior license agreement has expired.

Background:

The City initially entered into a license agreement with OCTA on February 7, 2003, which was valid for a twenty-year term and expires on June 30, 2023. This agreement is required since the property is owned by OCTA. The original agreement allowed the City to develop and construct the pedestrian beach trail and bridges as well as be responsible for the maintenance since completion. The terms of this agreement are substantially the same as the previous agreement as the City will still be responsible for the liability of the trail use and maintenance. The term of the agreement will be renewed automatically on an annual basis beginning on the commencement date unless one party terminates the agreement.

Fiscal Impact:

A one-time license fee of $2,500 will be due upon the commencement date.

Environmental Review/Analysis:

Staff recommends that the City Council determine that this project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guideline.

Recommended Actions:

Staff Recommendation
Adopt Resolution No. 23-29, which would:

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Meeting Date: 5/16/2023 Agenda Item: H.

1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines; and

2. Approve and authorize the City Manager to execute, Contract C23-20, a License Agreement between the Orange County Transportation Authority (OCTA) and the City of San Clemente allowing the City to continue to use OCTA right-of-way and maintain the Pedestrian Beach Trail.

3. Adopt Resolution No. 23-29 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A LICENSE AGREEMENT WITH ORANGE

COUNTY TRANSPORTATION AUTHORITY (OCTA) FOR CONTINUED USE OF THE BEACH

TRAIL AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR 15301) OF THE CEQA GUIDELINES.

Council Options:
· Adopt Resolution No. 23-29, approving the License Agreement with OCTA for continued use of the San Clemente Pedestrian Beach Trail and finding the project exempt from CEQA. · Modify and adopt Resolution No. 23-29.
· Continue the item and direct staff to provide additional information. · Deny the request to approve the License Agreement with OCTA and notify the public that they must stop using the trail.

Attachment:

1. License Agreement

2. Exhibit A to License Agreement

3. Resolution 23-29
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 5/10/2023
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910 Calle Negocio, Suite 100San Clemente, CA 92673Tel: (949) 361-3600Fax: (949) 361-8316

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EXHIBIT
A

CITY OF SAN CLEMENTE

MONTALV
O
CANYON
MARCH 2023
4675 MACARTHUR COURT
SUITE 400
NEWPORT BEACH, CA 92660
(949) 526-8460
www.bkf.com

ATTACHMENT A
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ATTACHMENT 3
RESOLUTION NO. 23-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING A

LICENSE AGREEMENT WITH ORANGE COUNTY

TRANSPORTATION AUTHORITY (OCTA) FOR

CONTINUED USE OF THE SAN CLEMENTE

PEDESTRIAN BEACH TRAIL AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CLASS I (EXISTING FACILITIES, 14
CCR 15301) OF THE CEQA GUIDELINES
WHEREAS, the San Clemente Pedestrian Beach Trail (Trail) is located within the Orange County Transportation Authority (OCTA) right-of-way; and WHEREAS, the City initially entered into a license agreement with OCTA for use of the Trail on February 7, 2023, which was valid for a twenty-year term and expires on June 30, 2023; and
WHEREAS, the City wishes to have continued use of the San Clemente Pedestrian Beach Trail; and
WHEREAS, a new license agreement will allow San Clemente residents and visitors to continue to use the beach trail for recreational purposes and is required since the Trail is located on property owned by OCTA.

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

SECTION 1: Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals above 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, 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).

SECTION 3: The City Manager, or his/her designee, is hereby authorized to execute a license agreement with OCTA for use of the Trail in substantially the same 159
Resolution No. 23-29 Page 2
form as that attached hereto as Exhibit A and incorporated herein fully by this reference.

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 May, 2023.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
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Resolution No. 23-29 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 _______ day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
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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: 5/16/2023 Agenda Item: I.

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

ADOPTION OF RESOLUTION NO. 23-30, APPROVING A LICENSE AGREEMENT WITH ABOUND

FOOD CARE FOR EMERGENCY MEAL STORAGE
Summary:

City Council approval of the resolution would approve a five-year license agreement with Abound Food Care to install, maintain and operate one solar powered cold storage unit with solar panels in a material storage yard at the City’s Water Reclamation Plant at 380 Avenida Pico. The unit will store ready-to-eat meals for the purpose of providing meals to community members in times of disaster.

The unit will be placed on a concrete pad and will be self-contained with no need for any utilities.

Location of this emergency food storage unit was previously approved by the City Council at the November 1, 2022 Council meeting.

Background:

Founded in 2012, Abound Food Care’s mission is to provide solutions and facilitate collaboration with public, private, and non-profit sectors to guide and support the implementation of regional food care programs that optimize the supply chain to end hunger and food waste. Their Emergency Food Management Program enables local jurisdictions, state and federal agencies, emergency services, and community organizations to provide ready-to-eat, nutritious meals following an emergency and ensuring that citizens have access to food. The meals are intended for emergency use only. As expiration dates approach, the meals will be rotated out for disbursement to local non-profits. The first priority will be to work with San Clemente non-profits, but Abound Food Care will also work with surrounding city agencies for distribution to residents in need. Serving San Clemente residents in need will be the first priority.

As discussed in the November 1, 2022 agenda report, this project is within the Coastal Zone and would require Abound Food Care to apply for, and receive, approval from the California Coastal Commission. The activities permitted under the License Agreement are not allowed to occur until a Costal Development Permit or waiver is obtained.

Council Options:
· Adopt Resolution No. 23-30, approving the License Agreement with Abound Food Care. · Modify and adopt Resolution No. 23-30, approving the License Agreement with Abound Food Care.
· Continue the Item and direct staff to provide additional information. · Do not adopt the resolution and deny the request to approve the License Agreement with CITY OF SAN CLEMENTE Page 1 of 2 Printed on 5/11/2023
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Meeting Date: 5/16/2023 Agenda Item: I.

Abound Food Care.

Fiscal Impact:

None.

Environmental Review/Analysis:

This project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR Section 15303) under the State CEQA Guidelines at detailed in the November 1, 2022 agenda report.

Recommended Actions:

Staff Recommendation
Adopt Resolution No. 23-30, which would authorize the City Manager to sign the License Agreement between Abound Food Care and the City of San Clemente allowing the use of space in a material storage yard at the City’s Water Reclamation Plant at 380 Avenida Pico to place and operate one solar powered cold storage unit with solar panels.

Attachment:

1. License Agreement

2. Agenda Report from November 1, 2022 City Council meeting

3. Resolution 23-30
Notification:

None.

CITY OF SAN CLEMENTE Page 2 of 2 Printed on 5/11/2023
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ATTACHMENT 1

LICENSE AGREEMENT

BY AND BETWEEN THE CITY OF SAN CLEMENTE,

AND ABOUND FOOD CARE FOR USE OF REAL PROPERTY

PARTIES AND DATE
This License Agreement (“Agreement”) is entered into as of __________, 2023 (“Effective Date”) by and between the City of San Clemente, a California municipal corporation (the “City”), the owners of real property at 380 Avenida Pico, and Abound Food Care, a California non-profit public benefit corporation, (the “Licensee”). The City and Licensee are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. The City owns that certain real property, generally located at 380 Avenida Pico, with accessor’s parcel numbers [691-433-01], in the City of San Clemente, County of Orange, State of California (the “Property”).

B. The Licensee wishes to place and operate one solar powered cold storage unit, with dimensions of approximately 40’ x 8’ x 10’ with solar panel extensions, to store ready-toheat-and-eat meals (“Storage Container”) as part of the Emergency Nutritious Food Management Program (“Program”) on the City Property, for the purpose of providing meals to community members in times of disaster. Specifically, Licensee desires to place the Storage Container on a portion of the City Property and to have access to such Storage Container by ingress and egress across the Property as identified in Exhibit A, which is attached hereto and incorporated herein by reference (“Licensed Property”); and C. Licensee’s Program will involve the storage of ready-to-heat-and-eat-meals in cold storage units provided by Licensee, which Licensee will rotate and replace in advance of product expiration, with excess meals provided by Licensee to local organizations serving community members faced with food insecurity; and
D. Placing Storage Container on the Licensed Property will increase the probability that otherwise food insecure families and individuals within the City of San Clemente will benefit from the Program and any meals obtained from the Storage Container, pursuant to Licensee’s policies and procedures; and
E. Licensee will be solely responsible for managing and distributing the meals pursuant to its own policies and procedures, with City having no involvement, discretion, liability, or role in managing or maintaining the Storage Container or Program; and F. City is willing to grant Licensee a license to access and place the Storage Container on the Licensed Property to operate the Program in accordance with the terms and conditions of this Agreement; and
G. City intends to provide Licensee with limited use of the Licensed Property pursuant to the terms of this Agreement, and in no way intends to grant property or easement rights to Licensee relating to the Licensed Property; and
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H. The City desires to accommodate the Licensee’s request, subject to the terms and conditions set forth in this Agreement.

TERMS
Now therefore, in consideration of the mutual covenants and obligations of the Parties herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. License.

1.1. Grant. The City hereby grants to the Licensee, and the Licensee’s representatives and agents, a revocable, non-transferable, non-exclusive license to access the Property for the limited purpose of conducting the Permitted Activities described in Section 3 (Permitted Activities) (the “License”). The Parties hereby acknowledge and agree that use of the Property by Licensee, as set forth in this Agreement, is with the consent of the City and shall be considered permissive.

1.2. No Transfer of Interest. Nothing in this Agreement shall be interpreted as, or otherwise deemed to be, a transfer or conveyance of any interest in the Property whatsoever between the City and the Licensee and the Licensee shall not claim any. The Parties hereby acknowledge and agree that nothing in the Agreement shall be interpreted as an agreement for the lease or other use of the Property by Licensee. This Agreement does not create any recordable interest and shall not be recorded in any official records.

2. Term. The term of this License shall commence on the Effective Date and shall, unless otherwise modified, continue for five (5) years unless the Agreement is extended by mutual agreement in writing or terminated by either Party without cause or penalty with 60 days written notice per Section 11 (Termination, Default, and Restoration).

3. Permitted Activities and Other Uses.

3.1. Permitted Activities. After obtaining all Required Approvals (as defined in Section 4.1 below), Licensee is authorized to conduct the following activities on the Property (“Permitted Activities”):

3.1.1. Place, access, operate, repair and maintain one solar powered cold storage unit, with dimensions of approximately 40’ x 8’ x 10’ with solar panel extensions, to store ready-to-heat-and-eat meals (“Storage Container”) as part of the Emergency Nutritious Food Management Program (“Program”) on the City Property, for the purpose of providing meals to community members in times of disaster. Licensee will be solely responsible for managing and distributing the meals pursuant to its own policies and procedures, with City having no involvement, discretion, liability, or role in managing or maintaining the Storage Container or Program. 165
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3.2. Time. Except for passive operations and access to the Storage Containers to provide meals in response to an emergency, all Permitted Activities are limited to the time of 7 a.m. to 5 p.m. Monday through Friday.

3.3. Other Uses. The Licensee shall not use the Property for any other purposes whatsoever, except as authorized by subsequent written agreement signed by the City.

4. Required Approvals and Compliance.

4.1. Required Approvals. The use of the Licensed Property by the Licensee for Permitted Activities pursuant to this Agreement is subject to Licensee obtaining, at its sole cost and expense, and maintaining throughout the term of this License, all approvals and permits required by any federal, state, or local government agency, including a Coastal Development Permit or waiver thereof from the California Coastal Commission and the City Approvals listed in Section 4.2 (City Approvals) (“Required Approvals”).

4.2. City Approvals. The Licensee must apply for and obtain the following approvals from the City (“City Approvals”):

4.2.1. Required building permits for the proposed concrete foundation and Storage Container. A building permit will not be issued until Licensee has obtained a Coastal Development Permit or waiver thereof from the California Coastal Commission.

4.3. City Review. The City does not make any representation that it will issue or otherwise assist in the issuance of any Required Approvals. The City shall have no obligation or liability to verify whether Licensee has obtained all Required Approvals.

4.4. Compliance. The Licensee’s rights under this Agreement shall be conditioned upon, and Licensee shall, at its sole cost and expense, comply with each and every federal, state and local law, regulation, standard, court decision, ordinance, rule, code, order, decree, directive, guideline, permit and permit condition, together with any declaration of covenants, conditions and restrictions that are recorded in any official or public records with respect to the Property or any portion thereof, each as currently existing and as amended, enacted, issued or adopted from time to time, that are applicable to the Permitted Activities and the Property.

5. Standard of Performance. All Permitted Activities shall be performed in accordance with the highest standards and practices in the industry.

6. Hazardous Materials. The Licensee shall not under any circumstances store or bring onto the Property any Hazardous Materials. As used in this Agreement, the term “Hazardous Material” means any substance, material or waste which is (1) defined as a “hazardous 166
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waste,” “hazardous material,” hazardous substance,” “extremely hazardous waste,” or “restricted hazardous waste” under any provision of California law; (2) petroleum or petroleum products; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act, 33 U.S.C. section 1251 et seq. (33 U.S.C. §1321) or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. §1317); (7) defined as a “hazardous substance: pursuant to the Resource Conversation and Recover Act, 42 U.S.C. section 6901 et seq. (42 U.S.C. §6903) or its implementing regulations; (8) defined as a “hazardous substance” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. section 9601 et seq. (42 U.S.C. §9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property.

7. No Duty to Warn. The City has no duty to inspect the Property and no duty to warn the Licensee or any person of any other latent or patent defect, condition or risk that might be incurred in entering the Property. The Licensee has inspected or will inspect the Property and hereby accepts the condition of the Property “AS IS.” The Licensee acknowledges that neither the City, nor any employee, agent or representative of the City, has made representations or warranties concerning the condition of the Property. All persons entering the Property under this Agreement do so at their own risk.

8. Liability for Damage. With respect to Licensee’s rights under this Agreement, the Licensee shall be responsible for any damage done to any person, or to the Property or any other property, caused by the Licensee or its officers, directors, employees, agents, independent contractors, insurers, lenders, representatives, successors or permitted assigns of the Licensee, or other users.

9. Insurance. Each Licensee shall maintain in effect during the entire term of this Agreement each of the following:

9.1. Insurance Coverage.

9.1.1. Comprehensive General Liability. Comprehensive General Liability Insurance which affords coverage including completed operations and contractual liability, with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate for liability arising out of Licensee performance of this Agreement. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage the limits combined with the primary will equal the minimum limits set forth above. If written with an aggregate, the aggregate shall be double the each occurrence limit. Such insurance shall be endorsed to:

9.1.1.1.Name the City of San Clemente and its employees, representatives, officers and agents (collectively hereinafter “City and City Personnel”) as additional insured for claims arising out of Licensee’s performance of this Agreement.
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9.1.1.2.Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to City.

9.1.2. Automobile Liability Insurance. Automobile Liability Insurance with a limit of liability of not less than $1,000,000 each occurrence and $2,000,000 annual aggregate. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage the limits combined with the primary will equal the minimum limits set above. Such insurance shall include coverage for all “owned,” “hired” and “non-owned” vehicles, or coverage for “any auto.” Such insurance shall be endorsed to:

9.1.2.1.Name the City and City Personnel as additional insured for claims arising out of Licensee performance of this Agreement.

9.1.2.2.Provide that the insurance is primary and non-contributing with any other valid and collectible insurance or self-insurance available to City.

9.1.3. Workers’ Compensation Insurance. Workers’ Compensation Insurance in accordance with the Labor Code of California and covering all employees of the Licensee providing any service in the performance of this agreement.

Such insurance shall be endorsed to: Waive the insurer’s right of Subrogation against the City and City Personnel.

9.2. Evidence of Insurance. The Licensee shall provide to City a Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements at least fifteen (15) business days prior to the expiration of any policy. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to City by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

9.3. Endorsements.

9.3.1. Valid Endorsements. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. 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.

9.3.2. Additional Insured Endorsements Additional Insured Endorsements shall not:

9.3.2.1.Be limited to “Ongoing Operations.”

9.3.2.2.Exclude “Contractual Liability.”
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9.3.2.3.Restrict coverage to the “Sole” liability of Licensee.

9.3.2.4.Contain any other exclusion contrary to the Agreement.

9.4. Acceptability of Insurers. Each policy shall be from a company with current A.M. Best’s rating of A VII or higher and authorized to do business in the State of California or approved in writing by the City.

10. Liens.

10.1. No Liens Due to Licensee’s Activities. Licensee shall not permit to be placed against the Property, or any part thereof, any design professionals’, mechanics’, materialmen’s, contractors’ or subcontractors’ liens due to Licensee’s construction activities thereon or use thereof. Licensee shall indemnify, defend (with counsel acceptable to City) and hold the City harmless from all liability for any and all liens, claims and demands, together with the costs of defense and reasonable attorneys’ fees, related to same.

10.2. Failure to Defend. In addition to, and not in limitation of, the City’s other rights and remedies under this Agreement, should Licensee fail either to discharge any lien or claim related to Licensee’ construction activities on or use of the Property or to bond for any lien or claim to the reasonable satisfaction of the City, or to indemnify, hold harmless and defend the City from and against any loss, damage, injury, liability or claim arising out of Licensee use of the Property, then the City, at its option, may elect to pay any lien, claim, loss, demand, injury, liability or damages, or settle or discharge any action or satisfy any judgment and all costs, expenses and attorneys’ fees incurred in doing so shall be paid to the City by Licensee upon written demand within ten (10) days, together with interest thereon at the rate of ten percent (10%) per annum from the date incurred or paid through and including the date of payment by Licensee.

11. Termination, Default, and Restoration.

11.1. Termination Without Cause. This Agreement may be terminated by either Party without cause by giving sixty (60) days’ written notice to the other Party.

11.2. Termination for Cause. In addition to the rights described in Section 11.1 (Termination Without Cause), the City shall have the right to terminate this Agreement immediately upon the Licensee’ Default.

11.2.1. Default. “Default” means the failure of the Licensee to perform or violation of any term, condition, covenant or agreement of this Agreement, and the continuation of such failure or violation for a period of ten (10) days after the City shall have given the Licensee written notice specifying the same, or in the case of a situation in which the default cannot reasonably be cured within ten (10) days, if the Licensee shall not promptly, within ten (10) days 169
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after receipt of such notice, commence to remedy the situation by a means that can reasonably be expected to remedy the situation within a reasonable period of time, not to exceed thirty (30) days from the notice of Default, and diligently pursue the same to completion.

11.2.2. Termination and Removal of Licensee’s Property. In the event of any Default by Licensee, including expiration of any applicable cure period, the City may terminate the Agreement and remove Licensee and their property from the Property by any lawful means available in law or equity.

11.3. Restoration of Land to Original Condition. Upon termination of the Agreement, the Licensee shall be responsible for removing all improvements the Licensee placed upon the land, unless the City elects in writing to accept some or all of said improvements. Any improvements accepted by the City will be at no cost to the City. The Licensee shall promptly initiate and exercise due diligence in removing said improvements until all improvements have been removed and restore the Licensed Property to its original condition or better to the City’s satisfaction, which shall be completed within not more than thirty (30) days following termination of this Agreement.

11.4. Effect of Termination. Termination of this Agreement shall in no way prejudice any of the rights and remedies available to the City at law or in equity, and the Licensee acknowledge and agree that all of the obligations and responsibilities of Licensee under this Agreement shall continue and survive such termination.

12. Miscellaneous.

12.1. Indemnification.

12.1.1. Indemnification of the City by the Licensee. The Licensee shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employees, and agents (the “Indemnified Parties”) free and harmless from any and all liability from any and all claims, causes of action, proceedings, losses, damages, costs (including attorney fees), expenses, taxes, fines, liens and injuries to property or persons, including wrongful death, in any manner arising out of, related to or incident to this Agreement or the acts, omissions, and/or operations by the Licensee, its officials, officers, personnel, employees, contractors, employees and/or subcontractors as well as its contractors’ and/or subcontractors’ officials, officers, employees, agents and/or volunteers. Further, the Licensee shall defend at its own expense, including attorneys’ fees, the Indemnified Parties in any legal action based upon such acts, omissions and/or operations.

12.1.2. The Licensee’s Obligations. The Licensee’s obligations under this Section

12.1 (Indemnification) shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, regardless of whether or not the City has prepared, supplied, or approved any plans or for the uses 170
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allowed by this Agreement, and regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

12.1.3. The City’s Rights. The City does not and shall not waive any rights against the Licensee that the City may have under the indemnification provision in this Section 12.1 (Indemnification) because of the City’s acceptance of any security deposits or insurance policies.

12.1.4. Survival. The indemnification provision in this Section 12.1 (Indemnification) shall survive the termination or expiration of this Agreement.

12.2. Possessory Interest Taxes. Licensee recognizes and understands that this Agreement may create a possessory interest subject to property taxation and that the Licensee may be subject to the payment of property taxes levied on such interest. Licensee agrees to promptly pay any such taxes.

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

Licensee waives any rights that it may have under Code of Civil Procedure §394.

12.4. Waiver. The City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or the City’s waiver of any breach hereunder, shall not relieve the Licensee of any of its obligations hereunder, whether of the same or similar type. The foregoing shall be true whether the City’s actions are intentional or unintentional. Further, the Licensee agrees to waive as a defense, counterclaim, or setoff any and all defects, irregularities, or deficiencies in the authorization, execution, or performance of this Agreement as well as any laws, rules, regulations, ordinances, or resolutions of the City with regard to this Agreement.

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

12.6. Assignment or Transfer.

12.6.1. No Assignment without the City’s Consent. The Licensee shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of the City.

Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in the City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge the Licensee from any duty or responsibility under this Agreement.
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12.6.2. Merger. The transfer of a majority of the ownership interests in the Licensee, however accomplished, and whether in a single transaction or in a series of related or unrelated transactions, or the merger of the Licensee into any other entity in which the Licensee is not the surviving entity, or the sale of all or substantially all of the Licensee’s assets, shall be deemed an assignment of the Licensee’s rights hereunder subject to the requirements of Section 12.6.1 (No Assignment without the City’s Consent).

12.7. Construction, References, and Captions.

12.7.1. Simple Construction. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

12.7.2. Section Headings. Section headings contained in this Agreement are for convenience only and shall not have an effect in the construction or interpretation of any provision.

12.7.3. Calendar Days. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days.

12.7.4. References to the City. All references to the City shall include, but shall not be limited to, City Council, City Manager, City Attorney, City Engineer, or any of their authorized representatives. The City shall have the sole and absolute discretion to determine which public body, public official or public employee may act on behalf of the City for any particular purpose.

12.7.5. References to the Licensee. All references to the Licensee shall include all officials, officers, personnel, employees, agents, contractors, volunteers and subcontractors of Licensee, except as otherwise specified in this Agreement.

12.8. Notices. All notices to be given hereunder shall be in writing and may be made either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed to the parties at the addresses listed below. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after mailing.

To City: To Licensee:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
Attn: Kiel Koger
Abound Food Care
200 N. Tustin Suite 110
Santa Ana, CA 92705
Attn: Mike Learakos,
CEO

12.9. Entire Agreement and Severability.
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12.9.1. Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either written or oral, express or implied.

12.9.2. Severability. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

12.10. Binding Effect.

12.10.1. The Parties. Each and all of the terms and conditions of this Agreement shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns.

12.10.2. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

12.10.3. Counterparts and Electronic Signatures. This Agreement may be executed electronically by DocuSign® and in any number of counterparts, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument. True facsimile, electronic or photocopies shall be binding to the same extent as an original signature page.

12.10.4. Authority. Each of the signatories below represents and warrants that he/she has the authority to enter into this Agreement and bind the Party such person is signing as the representative of and that no further actions or authorizations are required to enter into this Agreement.

Signatures on next page.
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SIGNATURE PAGE TO LICENSE AGREEMENT

BY AND BETWEEN THE CITY OF SAN CLEMENTE,
OWNER OF THE PROPERTY AT 380 AVENIDA PICO,

AND ABOUND FOOD CARE (LICENSEE)
In witness thereof, the Parties here to have executed this Agreement:

City of San Clemente Licensee: Abound Food Care
By:
_________________________________
By: _________________________________

ANDY HALL,

CITY MANAGER

MIKE LEARAKOS
CEO
ATTEST:

By:
_________________________________

LAURA CAMPAGNOLO,

CITY CLERK
APPROVED AS TO FORM:

By:
_________________________________

ELIZABETH MITCHELL,

CITY ATTORNEY
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Areas A and B together shall constitute the Licensed Property under the Agreement for the Permitted Activities.
175
Meeting Date: 11/1/2022

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
Department: Community Development
Prepared By: Adam Atamian, Deputy Community Development Director Subject:
910 Calle Negocio
2nd Floor
San Clemente. Cal1forn1a
www.san-clemente.org
Agenda Item: 4F
RECOMMENDATION OF THE PUBLIC SAFETY COMMITTEE TO CONSIDER SITE AT 380

AVENIDA PICO (THE CITY'S WATER RECLAMATION PLANT PROPERTY) AS A POTENTIAL

LOCATION FOR AN EMERGENCY FOOD STORAGE UNIT
Fiscal Impact:

None.

Summary:

On June 28, 2022, the Public Safety Committee (PSC) approved forwarding a recommendation to the City Council to consider providing space at the City's Water Reclamation Plant located at 380 Avenida Pico for a food storage unit.

Background:

This item was presented at the City Council meeting of September 6, 2022. At that meeting, the Council directed staff to bring this item back for Council consideration after Councilmembers, either individually or in pairs, had an opportunity to meet with representatives of Abound Food Care (AFC).

Council members who were interested met recently with AFC to learn more about the operations of their organization and the food storage-unit program. As result, this item is being brought back for the Council's consideration.

As part of the PSC's 2021-2022 Annual Work Plan, the PSC received a special presentation by AFC related to disaster preparedness and planning, specifically methods to make food available for distribution during an emergency. The food-storage units are typically manufactured from shipping containers, measuring 20 ft. by 8 ft. by 8.5 ft.

Discussion:

AFC has worked with other local government agencies and organizations in Orange County to place emergency, food-storage units around the County. The meals inside would be available for distribution to the community in case of a natural disaster or other serious emergency. If no emergency occurs, the meals are distributed to local nonprofits at regular intervals, then new meals are prepared for storage in the unit.

AFC staff indicated to the PSC that they are looking for a location in San Clemente for placement of a food-storage unit. Attachment 1 provides a location map of the proposed area. AFC has grant funding to cover expenses related to the preparation of the food and provision of the food-storage unit, no costs of this program are required to be paid by the City. This consideration relates only to the approval of a location on City property for the potential placement of a food-storage unit at a date CITY OF SAN CLEMENTE Page 1 of 3 Printed on 10/27/2022
1 ATTACHMENT 2
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177
178
179
ATTACHMENT 3
RESOLUTION NO. 23-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING A

LICENSE AGREEMENT WITH ABOUND FOOD CARE
WHEREAS, the City wishes to have a storage facility within the City limits for emergency food in the time of a disaster or emergency; and WHEREAS, Abound Food Care’s mission is to provide solutions and facilitate collaboration with public, private, and non-profit sectors to guide and support the implementation of regional food care programs that optimize the supply chain to end hunger and food waste; and
WHEREAS, Abound Food Care’s Emergency Food Management Program enables local jurisdictions, state and federal agencies, emergency services, and community organizations to provide ready-to-eat, nutritious meals following an emergency and ensuring that citizens have access to food; and
WHEREAS, Abound Food Care’s first priority will be to work with San Clemente non-profits, but will also work with surrounding city agencies for distribution to residents in need; and
WHEREAS, the location of this emergency food storage unit was previously approved by the City Council at the November 1, 2022 Council meeting; and WHEREAS, the project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR Section 15303) under the State CEQA Guidelines; and
WHEREAS, a five-year license agreement with Abound Food Care to install, maintain and operate one solar powered cold storage unit with solar panels in a material storage yard at the City’s Water Reclamation Plant at 380 Avenida Pico is in the best interests of the citizens of San Clemente.

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

SECTION 1. That the above recitations are true and correct.

SECTION 2. That the City Manager is authorized to execute a License Agreement with Abound Food Care to install, maintain and operate one solar powered cold storage unit with solar panels in a material storage yard at the City’s Water Reclamation 180
Resolution No. 23-30 Page 2
Plant at 380 Avenida Pico for a five-year term in a form substantially similar to the agreement attached to this resolution as Exhibit A and incorporated fully herein 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 _____ day of May, 2023.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
181
Resolution No. 23-30 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 _______ day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
182

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: J.

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

APPROVAL OF TRAINING - MAYOR PRO TEMPORE KNOBLOCK AND COUNCILMEMBER CABRAL ATTENDANCE AT SMART COAST CALIFORNIA’S 2ND ANNUAL POLICY SUMMIT Summary:

Mayor pro tempore Knoblock and Councilmember Cabral are planning to attend the Smart Coast California’s 2nd Annual Policy Summit on May 18-19 in Newport Beach. City Council Policy 1201-8 indicates that any Councilmember travel or training expense in excess of $250 will be placed on the consent calendar for consideration by the City Council.

Background:

City Council Policy 1201-8 was adopted by the City Council to ensure the full body of the City Council is aware of travel or training expenses. The policy indicates that any travel or training expense in excess of $250 will be placed on the consent calendar for consideration by the City Council.

Registration fees for the two day Policy Summit is $350.

Smart Coast California is hosting the 2nd Annual Policy Summit on Sea Level Rise on May 18-19th at the Renaissance Newport Beach. Smart Coast California supports a strong and balanced dialogue related to smart land-use planning along the California Coast, focusing on education, collaboration, and a sharing of resources with coastal stakeholders informing effective decision making in coastal communities.

Council Options:
· Authorize the training expense for Mayor Pro Tempore Knoblock and Councilmember Cabral. · Request additional information.
· Deny the request for training.

Fiscal Impact:

The expense for two attendees at the two day conference is $700 Environmental Review/Analysis:

Not a CEQA project
CITY OF SAN CLEMENTE Page 1 of 2 Printed on 5/15/2023
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Meeting Date: 5/16/2023 Agenda Item: J.

Recommended Actions:

Staff Recommendation
Information about coastal issues is critical in San Clemente. The conference speakers include experts on coastal issues including the Executive Director and other staff from the California Coastal Commission and experts from throughout the state including the Community Development Director from San Clemente, Cecilia Gallardo-Daly. Staff recommends approval of the training expense.

Attachment:

1. Summit Flyer
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 5/15/2023
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ATTACHMENT 1
185

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: K.

Department: Public Works
Prepared By Rick Milam, Maintenance Operations Supervisor Subject:

ADOPTION OF RESOLUTION NO. 23-31, AWARDING A MAINTENANCE SERVICES AGREEMENT TO ACCESS CONTROL SECURITY, INC. TO PROVIDE PARKING ENFORCEMENT

SERVICES DURING STREET SWEEPING OPERATIONS, AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES Summary:

Before the City Council is a resolution that would award a three-year agreement to Access Control Security, Inc. to provide parking enforcement services during street sweeping operations, authorize the City Manager to execute the agreement and find the project categorically exempt from CEQA.

Background:

The City had been without parking enforcement during street sweeping operations since January, 2022 when the previous contract ended. Since that time, staff advertised request for proposals (RFP) on Planet Bids and in the San Clemente Times on four separate occasions. Proposals were solicited and none were received in December 2021, April 2022 or November 2022. Two proposals were received in response to the RFP in January 2023. The lowest responsible bidder was Access Control Security, Inc. (ACS) with an annual cost of $60,672 for a three-year total of $182,016. Patrol Masters Security Services was the other proposer with an annual cost of $69,120. The three-year contract with ACS has an option of two one-year extensions for a potential total agreement term of five years.

In order to restart this service after being without it for so long and prior to the busy summer season, staff hired ACS to provide month-to-month services until the new contract is executed. ACS has been performing these services for the last month under a purchase order within the City Manager’s approval limit.

Council Options:
• Adopt Resolution No. 23-31 and award the Maintenance Services Agreement to ACS, Inc. • Continue the Item and direct staff to provide additional information. • Reject all bids and not conduct parking enforcement during street sweeping operations.

Fiscal Impact:

Yes. The total three-year agreement cost is $182,016. The annual contract amount of $60,672 is funded from the available fund balance in the Clean Ocean operating budget 057-542-43890. In the CITY OF SAN CLEMENTE Page 1 of 2 Printed on 5/11/2023
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Meeting Date: 5/16/2023 Agenda Item: K.
previous fiscal year (FY 21-22), revenues in the amount of $222,336 were collected from street sweeping citations.

Environmental Review/Analysis:

Staff recommends that the City Council determine this project to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation
Adopt Resolution No. 23-31 which would:

1. Determine that this project is categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Maintenance Services Agreement for Parking Enforcement during street sweeping operations to Access Control Security, Inc.

3. Authorize the City Manager to execute a Maintenance Services Agreement (Contract #) for Parking Enforcement during street sweeping operations with Access Control Security, Inc. in an amount not to exceed $182,016 for a three-year contract term with the option of two one-year extensions for a potential total agreement term of five years.

Attachment:

1. Maintenance Services Agreement

2. Resolution 23-31
Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 5/11/2023
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1 CITY OF SAN CLEMENTE

AGREEMENT FOR MAINTENANCE SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this ____ day of _______________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, located at 910 Calle Negocio, San Clemente 92673 (“City”) and Access Control Security, Inc., a California corporation, with its principal place of business at 21049 Devonshire St., Suite 211B, Chatsworth, CA 91311 (“Contractor”). City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of Parking Enforcement for Street Sweeping required by the City on the terms and conditions set forth in this Agreement and the Contract Documents, Plans, and Specifications for Parking Enforcement for Street Sweeping dated 05/02/2018, which are hereby incorporated as though fully set forth herein.

The Contract Documents for the aforesaid project shall consist of the Enforcement Quote, together with this Agreement and all required insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. Contractor represents that it is experienced in providing parking enforcement for street sweeping maintenance 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.

2.2 Project.

City desires to engage Contractor to render such services for the Parking Enforcement for Street Sweeping project (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Parking Enforcement for Street Sweeping maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated fully herein by the reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 1, 2023 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement annually for no more than two (2) additional one-year terms.

Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

ATTACHMENT 1
188
2 3.2 Responsibilities of Contractor.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. 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, disability insurance, and workers’ compensation insurance.

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

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

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

3.2.5 Contractor’s Representative. Contractor hereby designates Reza Jalala, President and CEO of Access Control Security, Inc., or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”).

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

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, Contractors and other staff at all reasonable times.
189
3 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by contractors and/or professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the discipline necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services 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 Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

3.2.8 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 Project or the Services, 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 Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.9 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.10 Labor

3.2.10.1 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. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage 190
4 Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. 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 the Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected 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.

3.2.10.2 Registration. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code sections 1725.5 and 1771.1, effective March 1, 2015, Contractor and all subcontractors must be registered with the Department of Industrial Relations (“DIR”). Contractor shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to work performed on a maintenance project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.2.11 Insurance. Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Exhibit “C” 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.

3.2.12 No Bonds required for this contract

3.2.12.1 Performance Bond Not Required

3.2.12.2 Payment Bond Not Required.

3.2.13 Water Quality Management and Compliance.

3.2.13.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Contractor 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.

3.2.13.2 Compliance with Water Quality Laws, Ordinances and Regulations. 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 Services including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100. Contractor shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regarding discharges of storm water to separate storm drain systems or other watercourses, including applicable requirements in municipal storm water management programs.
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5 3.2.13.3 Compliance with Local Water Quality Requirements. In addition to compliance with the laws, ordinances and regulations listed in paragraph 3.2.13.2, Contractor shall comply with all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the City of San Clemente Water Quality Improvement Plan (“WQIP”), the City of San Clemente Jurisdictional Urban Runoff Management Plan (“JURMP”), and the applicable Water Quality Management Plan (“WQMP”). These documents contain Model Maintenance Procedures with Best Management Practices (“BMPs”). These Model Maintenance Procedures contain pollution prevention and source control techniques to minimize the impact of those activities upon dry-weather urban runoff, stormwater runoff, and receiving water quality.

Contractor shall be familiar with these documents and shall comply with the requirements as specified therein.

A copy of the DAMP is available on the internet at:
www.ocwatersheds.com
A copy of the San Clemente WQIP and JURMP are available on the internet at:
www.sccleanocean.org.

The City will provide a copy of any applicable project WQMP.

3.2.13.4 Standard of Care. 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 Sections 3.2.13.2 and 3.2.13.3 of this Agreement. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding the requirements of the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement as they may relate to the Services.

3.2.13.5 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.2.13.2 and 3.2.13.3 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed in Sections 3.2.13.2 and

3.2.13.3 of this Agreement arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Contractor for
delay in completing the Services caused by Contractor’s failure to comply with the laws, regulations and policies described in Sections 3.2.13.2 and 3.2.13.3 of this Agreement, or any other relevant water quality law, regulation, or policy. 192
6 3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “E” attached hereto and incorporated herein by reference. The total compensation shall not exceed $60,672 per year. Extra Work may be authorized with the prior written approval of City’s Maintenance Manager, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized invoice which indicates work completed and hours of Services rendered by Contractor.

The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

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

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City in advance.

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

Contractor shall not perform, nor be compensated for, Extra Work without prior written authorization from the City. Extra Work under the Agreement shall not exceed ten percent (10%) of the not to exceed amount set forth in Section 3.3.1 above unless authorized by City Council.

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time, with or without cause, by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and 193
7 Contractor shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

Contractor: Access Control Security, Inc.

PO Box 3791
Chatsworth, CA 91313
ATTN: Farishta Jalala, CEO
City: City of San Clemente
100 Avenida Presidio
San Clemente, CA 92627
ATTN: Randy Little, Maintenance Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

3.5.5 State License Board Notice. 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, and P.O. Box 26000, Sacramento, California 95826.

3.5.6 Indemnification. To the fullest extent allowable by law, Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner 194
8 arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorney’s fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers.

Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in 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, officers, employees, agents or volunteers.

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

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

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

3.5.10 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

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

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

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

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

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, 195
9 privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

3.5.18 Prohibited Interests. 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 Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

3.5.22 Counterparts and Electronic Signatures. This Agreement may be executed electronically by DocuSign® and in any number of counterparts, each of which shall be enforceable against the parties actually executing such counterparts, and all of which together shall constitute one instrument. True facsimile, electronic or photocopies shall be binding to the same extent as an original signature page.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
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10 [SIGNATURES ON FOLLOWING PAGE]
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11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite their signatures.

CITY OF SAN CLEMENTE
By:

ATTEST: Andy Hall, City Manager
______________________________ Dated: ____________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:

By:

Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY

OF FUNDING
By: _____________________________
Finance Authorization
Access Control Security, Inc.
(“CONTRACTOR”)
Contractor’s License Number____________
By:

Farishta K. Jalala, CEO/Secretary
By:

Reza Jalala, CFO
Dated: ________ _______ , 2023
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EXHIBIT “A”

SCOPE OF MAINTENANCE SERVICES

S P E C I F I C A T I O N S
Parking Enforcement for Street Sweeping

TECHNICAL MAINTENANCE SPECIFICATIONS

1. DESCRIPTION OF SPECIFICATIONS AND INTENT
The intent of these specifications is to provide enforcement of the City's street sweeping parking restrictions in the Neighborhood Pride Program (NPP) posted areas.

2. SCOPE OF WORK
Contractor shall furnish all labor, equipment, and supervision to perform parking enforcement as described herein including, but not limited to, the following:

A. Provide enforcement patrol of the City's Neighborhood Pride Program (NPP) zones every other Wednesday and Thursday, from 9:00 AM to 1:00 PM B. Provide four (4) Enforcement Officers and two (2) marked enforcement vehicles four (4) times monthly.

C. These officers will follow the street sweeper and issue manual citations, citing parked vehicles only after the street sweeper has passed.

D. Scheduled service periods will be a minimum of four (4) hours each per officer provided.

3. WORKING HOURS, DAYS AND ROUTE TYPES
A. The sweeping and parking enforcement of all posted routes shall be performed between 9:00 AM and 1:00 PM, only on scheduled days and times, in accordance with City street sweeping schedules and maps.

B. Contractor/Contractor's personnel must arrive ready to work at each location as scheduled.

C. The sweeper operator will always stop the street sweeper and wait for the parking enforcement staff to catch up and be in the operator’s view, anytime sweeping of posted streets is done.

4. PERFORMANCE DURING INCLEMENT WEATHER
A. During periods when inclement weather may hinder normal operations, a two-hour standby period of 7:00 AM to 9:00 AM will be observed to determine if street sweeping may be canceled by the City.

B. The Contractor shall immediately notify, and receive approval from the City's Maintenance Manager or his or her designee before canceling any parking enforcement operations or removing officers from any route due to inclement weather, or other reasons.
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C. The City reserves the right to suspend or cancel street sweeping and/or parking enforcement functions on a day-to-day basis.

5. DEDUCTIONS
A. These specifications are intended to cover all labor, materials, and workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications.

B. Any deviation from or failure to meet any aspect of the specifications set forth herein, and any failure to perform or complete work within the schedule dictated by the City's Maintenance Manager or his or her designee, will result in a $500.00 deduction for each deviation from and each failure to meet these specifications. Additionally a $500.00 deduction per day will be applied for each day any work is not completed or not completed on time. Deductions must be reflected in the next billing. Invoices failing to include incurred deductions shall not be paid.

6. LEVEL OF SERVICE
A. All work shall be performed in accordance with the highest parking enforcement standards, as stated in these specifications. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites.

B. All work shall meet with the approval of the City of San Clemente Public Works Department, Maintenance Manager or his or her designee. If so deemed by the City, there shall be weekly meetings with the Contractor and the City representative to determine progress and to establish areas needing attention.

7. HOLIDAYS
A. No sweeping shall occur on the following City recognized holidays, or furloughs unless approved in writing and in advance by the City.

1. New Year’s Day

2. Martin Luther King Jr. Day

3. President’s Day

4. Memorial Day

5. Independence Day

6. Labor Day

7. Veteran’s Day

8. Thanksgiving Day

9. Day after Thanksgiving

10. Christmas Day

11. Day before or after Christmas Day

12. City Furlough Days (between Christmas and New Year’s Eve)

13. New Year’s Eve
B. Holidays and City Furlough dates recognized by the City will be provided to Contractor by City prior to the beginning of each calendar year.
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8. PARKING CITATIONS
A. The City of San Clemente will provide the parking citation forms.

B. Contractor/Contractor's officers must complete each parking citation form in its entirety.

C. Contractor/Contractor's officers must complete each parking citation in clear and legible handwriting in all fields, and with sufficient pressure applied while writing to assure all copies of each citation are also legible.

9. SAFETY REQUIREMENT
A. All work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and where applicable, comply with all safety standards required by CAL-OSHA. The Maintenance Manager or their designee reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance of the work under this contract.

B. The Contractor shall maintain all work sites free of hazards to persons and/or property resulting from his operations. Any hazardous condition noted by the Contractor, which is not a result of his operations, shall be immediately reported to the Maintenance Manager or their designee.

10. PERFORMANCE AND SUPERVISION
A. The Contractor shall provide a work force sufficient to complete the work as it is specified.

B. Work shall be performed by competent and experienced workers.

C. The work force shall include a thoroughly skilled, experienced and competent supervisor who shall be responsible for adherence to the specifications. Any information or order given to the Contractor's supervisor shall be deemed as delivered to the Contractor.

D. Supervisors must communicate effectively both in written and oral English, and shall be present in the City at all times during contractual operations. A Supervisor is defined as a full-time employee assigned to direct work crews, with authority to authorize work and make decisions on behalf of the Contractor.

In no case shall an employee normally assigned to lesser status be provided in lieu of a Supervisor.

E. All Contractor's personnel working within the City of San Clemente:

1. Must be of good character, neat appearance, and in appropriate dress as approved by the City's Maintenance Manager or their designee.

2. Must wear identification badges or patches clearly showing the Contractor's company name and the employee's name, and which are clearly visible at all times.

3. Must adhere to the highest standards of parking enforcement and customer contact, and must conduct themselves in a calm, courteous, respectful and professional manner at all times.
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F. Persons employed by the Contractor who are found not to be satisfactory by the City shall be discharged or reassigned by the Contractor immediately.

11. EQUIPMENT
A. All vehicles and equipment used in conjunction with the work shall be maintained in neat, clean, and orderly manner and shall be in good working order.

B. All vehicles and equipment must be clearly marked in legible letters with the Contractor's company name, license number, phone number, vehicle identification number or code, and the following wording: “Contracted to Serve the City of San Clemente”.

C. No advertising of any kind or description shall appear on any vehicles or equipment except as required in item 11.B above.

D. The City's Maintenance Manager or their designee, or his authorized agent may reject any vehicle or piece of equipment and order it removed from the job site. Said vehicle or equipment must be replaced by appropriate, preapproved vehicle or equipment within two working days, or deductions to the monthly contract amount shall continue until such time as appropriate, approved equipment is provided.

E. Vehicles/equipment shall be maintained both visually and operationally in good condition including paint and body, with no visible rust or body damage.

F. All vehicles shall have communication devices to have contact with their main office.

G. All vehicles shall be equipped with active GPS units.

12. CONTRACTOR CONTACT INFORMATION
A. Contractor must maintain an office and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized which is capable of contacting the Contractor by telephone or radio.

B. Contractor shall provide and maintain a viable email address throughout the term of the contract.

C. Contractor shall provide the City with names and telephone numbers of at least two qualified persons who can be called by City representatives as needed.

D. All Contractor personnel and vehicles shall have a cell phone. Phone numbers shall be provided to City prior to beginning of agreement. Anytime a phone number is changed, Contractor shall notify City immediately and provide new cell phone number.

13. SCHEDULES/SCHEDULING
A. All scheduling of work and specification requirements will be dictated by the City's Maintenance Manager or his or her designee.

B. Changes or variations in scheduling may be made by the Maintenance Manager or his or her designee as necessitated by City special events, recreation classes, etc.

Contractor shall adapt operations to these changes.
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GENERAL MAINTENANCE REQUIREMENTS

1. All maintenance functions shall be performed in accordance with the following specifications and at the frequencies indicated herein, unless directed otherwise by the City's Maintenance Manager or his or her designee. The City shall have the right to determine schedule days and the extent and frequency or additional “as needed” services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper servicing of the listed facilities.

2. All operations shall be conducted so as to provide maximum safety for all persons, and minimize disruption of the public use of the facilities.

3. Contractor shall notify the City immediately of any unusual and hazardous condition in the contract areas, including any item that creates a hazard or prevents the public’s use of the facilities.
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11 EXHIBIT “B”

SCHEDULE OF MAINTENANCE SERVICES
Provide enforcement patrol of the City's Neighborhood Pride Program (NPP) zones every 2nd and 4th Wednesday and Thursday, from 9:00 AM to 1:00 PM.

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12 EXHIBIT “C”

INSURANCE REQUIREMENTS

1.1 Insurance.

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

1.1.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, 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, with limits of not less than $1,000,000 per occurrence and not less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers’ Compensation: Workers’ Compensation
Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.

1.1.3 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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13 (A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.

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 or purposes of this Agreement. (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) 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.

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

1.1.5 Waiver of Subrogation. All required policies of Commercial General Liability and Automobile Liability insurance 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 the City, its officials, officers, employees, agents and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

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

1.1.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall not be in 206
14 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.

1.1.8 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 Agreement.

1.1.9 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.

1.1.10 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 imposed no additional obligation on the City nor does it waive any rights hereunder.

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

1.1.12 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement 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 Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. 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 Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.

207
15 EXHIBIT “D”

PERFORMANCE AND PAYMENT BONDS
(NOT APPLICABLE)
208
16 EXHIBIT “E”

COMPENSATION
209
17 EXHIBIT “F”
MAPS
210
CLE
LAGO

CLE DEL JUEGO

AVE PICO

EL CAMINO REAL (COAST HWY)
AVE
DE
L
REPOSO

AVE MIRA

AVE SERRA

AVE CABRILLO

AVE DEL MAR

AVE VICTORIA
AVE

PALIZADA

AVE ARAGON
VIA
MECHA

EL CAMINO REAL (COAST HWY
C
L
E
D
E
L
O
S
M
O
LIN
O
S

AVE PICO

LOS OBREROS LN

CLE DESHECHA

CLE COLINA

BUENA VIS

CLE SACRAMENTO

AVE HACIENDA

CLE LAS BOLAS

LA PLACENTIA

CLE VALLE

AVE DE LA ESTRELLA

CLE REDONDEL

CLE BONITO

CLE MIRADOR

AVE DEL REPOSO

EL PRADO

RINCON CT

CHIQUITA

EL PORTAL

LA RONDA

AVE SIERRA

AVE SIERRA

REVUELTA CT

CLE DE INDUSTRIAS

AVE NAVARRO
AVE
LAS
FLORES

EL ORIENTE

AVE DE LA ESTRELLA

AVE DE LA ESTRELLA
PORTAL

CLE CAMPO
A. T. & S. F. R. R.

A. T. & S. F. R. R.

AVE DE LA GRULLA

AVE ARAGON

AVE PELAYO

PORTAL ST
AVE

FLORENCIA

DIJE CT
CA

ARENOSO LN

LINDA LN

MARIPOSA

MARQUITA

CORTO LN

ALAMEDA LN

MARQUITA
C

LA PALOMA
ANADA

MARIPOSA

AVE DEL PONIENTE

ESCALONES

CLE PUENTE

ENCINO LN
CANADA

ESCALONES

AVE DEL PONIENTE

ACEBO LN

AVE PALIZADA

CLE SEVILLE

LOMA LN

AVE CABALLE
O
LA
AV
A
A
VE
AV

AVE MIRAMAR

AVE SOLANO

AVE VISTA HERMOSA

CLE PUENTE

VIA PICO PLZ
380/390 Avenida Pico
Boys/Girls Club
Max Berg Park
Library Parking
Legend
Route 7
211
CLE
LAGO

CLE DEL JUEGO

AVE PICO

EL CAMINO REAL (COAST HWY)
AVE
DE
L
REPOSO
AVE M

AVE SERRA

AVE CABRILLO

AVE DEL MAR

AVE VICTORIA
AVE

PALIZADA

AVE ARAGON
VIA
MECHA

EL CAMINO REAL (COAST HW
C
L
E
D
E
L
O
S
M
O
LIN
O
S

AVE PICO

LOS OBREROS LN

CLE DESHECHA

CLE COLINA

BUENA VIS

CLE SACRAMENTO

AVE HACIENDA

CLE LAS BOLAS

LA PLACENTIA

CLE VALLE

AVE DE LA ESTRELLA

CLE REDONDEL

CLE BONITO

CLE MIRADOR

AVE DEL REPOSO

EL PRADO

RINCON CT

CHIQUITA

EL PORTAL

LA RONDA

AVE SIERRA

AVE SIERRA

REVUELTA CT

CLE DE INDUSTRIAS

AVE NAVARRO
AVE
LAS
FLORES

EL ORIENTE

AVE DE LA ESTRELLA

AVE DE LA ESTRELLA
PORTAL

CLE CAMPO
A. T. & S. F. R. R.

A. T. & S. F. R. R.

AVE DE LA GRULLA

AVE ARAGON

AVE PELAYO

PORTAL ST
AVE

FLORENCIA

DIJE CT
CA

ARENOSO LN

LINDA LN

MARIPOSA

MARQUITA

CORTO LN

ALAMEDA LN

MARQUITA
C

LA PALOMA
ANADA

MARIPOSA

AVE DEL PONIENTE

ESCALONES

CLE PUENTE

ENCINO LN
CANADA

ESCALONES

AVE DEL PONIENTE

ACEBO LN

AVE PALIZADA

CLE SEVILLE

LOMA LN

AVE CAB
A

AVE MIRAMAR

AVE SOLANO

AVE VISTA HERMOSA

CLE PUENTE

VIA PICO PLZ
380/390 Avenida Pico
Boys/Girls Club
Max Berg Park
Library Parking
Legend
Route 8
212

AVE MIRAMAR

AVE SERRA

AVE CABRILLO

AVE DEL MAR

AVE VICTORIA
AVE

PALIZADA

VISTA M

CLE CONCHITA

EL CAMINO REAL (COAST HWY)

CAPISTRANO LN

ARENOSO LN

MARIPOSA

MARQUITA

ALAMEDA LN

CORONADO LN

AVE VICTORIA

AVE VICTORIA

CORTO LN

ALAMEDA LN

STA ANA LN

MARQUITA

ENCINO LN
CANADA

ESCALONES
ELENA
LN

AVE VICTORIA
PA

PASADENA CT

ESPLANADE

CORONA LN

ACEBO LN

AVE PALIZADA

CLE SEVILLE

LOMA LN

LA ESPERANZ

AVE PIZARRO

ESPLANADE

AVE BARCELONA
EL
LEVA
LA

AVE SANTA BARBARA

AVE MONTEREY

CAZADOR LN

POCO PASEO
O
LA
VIS

AVE MADRID

OLA VIS

AVE CADIZ

TRAFALGAR LN

AVE SERRA

AVE DEL MA
A
R

VE CABRILLO

AVE GRANADA

OLA VIS

AVE MIRAMAR

AVE VICTORIA

AVE MATEO

AVE ROSA

AVE ALGODO
AV
AVE

CLE PUENTE
Ave De La Estrella
Library Parking
Legend
Route 15
213

AVE MIRAMAR

AVE SERRA

AVE CABRILLO

AVE DEL MAR

AVE VICTORIA
AVE

PALIZADA

VISTA M

CLE CONCHITA

EL CAMINO REAL (COAST HWY)

CAPISTRANO LN

ARENOSO LN

MARIPOSA

MARQUITA

ALAMEDA LN

CORONADO LN

AVE VICTORIA

AVE VICTORIA

CORTO LN

ALAMEDA LN

STA ANA LN

MARQUITA

ENCINO LN
CANADA

ESCALONES
ELENA
LN

AVE VICTORIA
PA

PASADENA CT

ESPLANADE

CORONA LN

ACEBO LN

AVE PALIZADA

CLE SEVILLE

LOMA LN

LA ESPERANZ

AVE PIZARRO

ESPLANADE

AVE BARCELONA
EL
LEVA
LA

AVE SANTA BARBARA

AVE MONTEREY

CAZADOR LN

POCO PASEO
O
LA
VIS

AVE MADRID

OLA VIS

AVE CADIZ

TRAFALGAR LN

AVE SERRA

AVE DEL MA
A
R

VE CABRILLO

AVE GRANADA

OLA VIS

AVE MIRAMAR

AVE VICTORIA

AVE MATEO

AVE ROSA

AVE ALGODO
AV
AVE

CLE PUENTE
Ave De La Estrella
Library Parking
Legend
Route 16
214
ATTACHMENT 2
4873-2807-1011 v1
RESOLUTION NO. 23-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

MAINTENANCE SERVICES AGREEMENT TO ACCESS
CONTROL SECURITY, INC. TO PROVIDE PARKING

ENFORCEMENT SERVICES DURING STREET

SWEEPING OPERATIONS AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING
FACILITIES, 14 CCR SECTION 15301) OF THE STATE

CEQA GUIDELINES
WHEREAS, the City wishes to conduct parking enforcement during street sweeping operations; and
WHEREAS, the City has been without this service since January, 2022 when the previous contract ended; and
WHEREAS, since that time, staff advertised request for proposals (RFP) on Planet Bids for a Maintenance Services Agreement to conduct parking enforcement during street sweeping operations and in the San Clemente Times on four separate occasions and none were received in December 2021, April 2022 or November 2022; and WHEREAS, two proposals were received in response to the RFP in January 2023 and the lowest responsible bidder was Access Control Security, Inc. (ACS) with an annual cost of $60,672 for a three-year total of $182,016.

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

SECTION 1. That the above recitations are true and correct.

SECTION 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

SECTION 3. That the Maintenance Services Agreement for Parking Enforcement during street sweeping operations is awarded to Access Control Security, Inc.

SECTION 4. That the City Manager is authorized to execute a Maintenance 215
Resolution No. 23-31 Page 2
4873-2807-1011 v1
Services Agreement for Parking Enforcement during street sweeping operations with Access Control Security, Inc. in an amount not to exceed $182,016 for a three-year contract term with the option of two one-year extensions for a potential total agreement term of five years in a form substantially similar to the agreement attached to this resolution as Exhibit A and incorporated fully herein by this reference.

SECTION 5. That 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 May, 2023.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California
216
Resolution No. 23-31 Page 3
4873-2807-1011 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 _______ day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
217

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: A.

Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
-
Subject:

CONSIDERATION OF PROCEDURES TO APPOINT A COUNCILMEMBER TO FILL THE UNEXPIRED TERM OF FORMER COUNCILMEMBER GENE JAMES (NOVEMBER 2024) Summary:
-
At its meeting of May 2, 2023, the City Council directed Staff to provide potential procedures to interview and make an appointment to serve the remainder of former Councilmember Gene James’ term (through November 2024). State law does not proscribe the process for making an appointment; it is within the City Council’s discretion.

The selection process can be modified by the City Council, but as requested, staff offers the following process for consideration with in intent of ensuring a fair and transparent appointment proceeding:

1. At the May 16, 2023 meeting, the City Council will select candidates to advance to a formal interview at a Special Meeting of the City Council. The selection will occur by ranking applications.

Each Councilmember will be given 5 points to rank applicants (sample ranking sheet attached), and the applicants with the highest number of votes will be moved forward in the interview process. Staff is suggesting that the City Council limit the formal interview to no more than five candidates.

2. Schedule a Special Meeting to interview candidates.

3. Each Councilmember will be allotted two questions to ask each candidate.

4. Staff proposes the interview of candidates occur on a panel, similar to a candidate forum, giving each candidate the opportunity to be the first to answer a question.

5. At the Special Meeting, each candidate will be provided an opportunity to give an opening statement (not to exceed 2 minutes), followed by two rounds of questions from the City Council with each Councilmember asking one question per round. Each applicant will be given one minute to answer each question.

Selection Process
OPTION 1

1. Members of the City Council may wish to use ranking sheets (sample attached) to rank each candidate. Following the rankings, the City Council would move to select a candidate by majority vote. Potentially, the candidate with the lowest number would be considered for appointment to CITY OF SAN CLEMENTE Page 1 of 3 Printed on 5/11/2023
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Meeting Date: 5/16/2023 Agenda Item: A.
vote. Potentially, the candidate with the lowest number would be considered for appointment to the vacant City Council position. However, if after three rounds of voting, the City Council is at an impasse, a Councilmember may make a motion to direct Staff to return to the next Regular Council meeting with a Resolution to call a Special Election, or the City Council could continue to move the action until a decision is reached by a majority vote.

OPTION 2

2. Following interviews, the City Council may publicly deliberate and select an individual to fill the vacancy. The affirmative vote of at least three City Councilmembers is required for appointment. If after three rounds of voting, the City Council is at an impasse, a Councilmember may make a motion to direct Staff to return to the next Regular Council meeting with a Resolution to call a Special Election.

OPTION 3

3. The City Council may come up with its own procedures or call a special election. An appointment or calling a special election must occur no later than June 28, 2023 (60 days following the vacancy).

Council Options:
· Nominate candidates and select a Special Meeting Date. · Develop and select an alternative appointment process. · Direct Staff to return to Council with additional information. · Direct Staff to return to Council with a resolution calling a special election. · Take no action.

Fiscal Impact:

If the City Council appoints a Councilmember to fill the vacancy, there would be no fiscal impact. Staff obtained an updated estimate from the Orange County Registrar’s office that an all-mail ballot would cost the City approximately $300,000.

Environmental Review/Analysis:

This activity is not a project as defined under the California Environmental Quality Act State Guidelines, therefore, no environmental review is required.

Recommended Actions:

Staff Recommendation
-

1. Make nominations for applicants to be interviewed.

2. Schedule a Special Meeting for Council interviews and appointment.

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Meeting Date: 5/16/2023 Agenda Item: A.

3. Determine to:
a. Use ranking sheets to rank each Candidate by number.

OR
b. Publicly deliberate and select an individual to fill the vacancy. The affirmative vote of at least three City Councilmembers is required for appointment.

Attachment:

1. Sample Ranking Sheet for Nominating Candidates

2. Sample Ranking Sheet for Appointing Candidates

3. 2023 City Council Meeting Calendar
Notification:

City Council applicants.

CITY OF SAN CLEMENTE Page 3 of 3 Printed on 5/11/2023
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ATTACHMENT 1
COUNCILMEMBER NAME______________

RANKING SHEET FOR

COUNCIL CANDIDATE NOMINATIONS

CANDIDATE NAME
Candidates will be listed in alphabetical order by
last name.

CANDIDATE RANKING
Each Councilmember is allotted 5 points to
rank candidates. The candidates with the
highest number of points will be interviewed
by Council at a Special Meeting.

INSTRUCTIONS
Each Councilmember is given 5 points to rank candidates. The candidates with the highest number of votes will be moved on to the interview process.
221
ATTACHMENT 2
COUNCILMEMBER NAME______________

RANKING SHEET FOR COUNCIL CANDIDATES

CANDIDATE NAME
Candidates will be interviewed in alphabetical
order by last name.

ORDER OF RANKING
(Provide a number between 1-*) The lowest
number would be appointed to the position
of City Council
*total number of applicants to be filled in at time of
interview

INSTRUCTIONS

1. After each interview, assign the candidate their ranking. After the first candidate is interviewed, they would be #1. Place a “1” in the box in the first column to the right of their name.

2. After the second candidate interviews, assess whether they ranked better than the first candidate. If yes, they are then ranked #1 and the candidate that interviewed first is ranked #2.

You would place a 1 in the 2nd column next to the second candidate’s name and then put a #2 next to the candidate who interviewed first.

3. Continue this process throughout the interviewing process.

4. At the bottom of the sheet, please list the candidates in the appropriate order.

5. The candidate with the lowest number will be appointed to fill the vacancy on the City Council. 222
January February March April

S MT WT F S S MT WT F S S MT WT F S S MT WT F S
1234567 1234 1234 1
8 9 10 11 12 13 14 5 6 7 8 9 10 11 5 6 7 8 9 10 11 2 3 4 5 6 7 8 15 16 17 18 19 20 21 12 13 14 15 16 17 18 12 13 14 15 16 17 18 9 10 11 12 13 14 1522 23 24 25 26 27 28 19 20 21 22 23 24 25 19 20 21 22 23 24 25 16 17 18 19 20 21 2229 30 31 26 27 28 26 27 28 29 30 31 23 24 25 26 27 28 29 30 May June July August

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

S MT WT F S S MT WT F S S MT WT F S S MT WT F S
12 1234567 1234 12
3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 3 4 5 6 7 8 9 10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18 10 11 12 13 14 15 1617 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25 17 18 19 20 21 22 2324 25 26 27 28 29 30 29 30 31 26 27 28 29 30 24 25 26 27 28 29 30 31 Dark Fridays Holidays Furlough Staff Reports Due Council Meeting (15 days prior to mtg date)
Cancelled City Council Meeting LTFP & Budget Workshop Meeting Note: The Special Council Meeting of June 5, 2023 will start at 2:00 p.m. to interview and appoint candidates for Commission and Committees.

The Special Council Meeting of June 6, 2023 will start at 2:00 p.m. to interview and appoint candidates for Commission and Committees.

The Regular Council Meeting of September 19, 2023 was rescheduled to Thursday, September 14, 2023. The Regular Council Meeting of December 19, 2023 was rescheduled to Thursday, December 14, 2023. 2023 Council Meeting Agenda Calendar
Joint Meeting
ATTACHMENT 3
223

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: B.

Department: Public Works
Prepared By Jonathan Lightfoot, Economic Development Officer Zak Ponsen, Assistant City Engineer
Subject:
2023 TROLLEY UPDATE, LETTER TO ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA), AND CONSIDERATION OF CONTINUATION OF THE GREEN LINE TROLLEY Summary:

The City will conclude its Green Line pilot on May 21, 2023. The following weekend, daily service on the Red and Blue Lines will begin. Daily service continues through the final weekend of September.

Staff included annual Saturday and Sunday service for the Red Line in the draft Fiscal Year (FY) 2024 budget, which will be reimbursable under the Project V grant with the Orange County Transportation Authority (OCTA). The draft budget also includes funding for another three months on a pilot route, which is not reimbursable. OCTA has requested letters of interest for a 2023 Call for Projects under Project V. City staff has drafted a letter (Attachment 1) requesting expanded funding and operations for our local transit programs. The next Project V grant cycle is expected to support operations beginning in FY 2025.

Background:

The City Trolley Program is funded through a Measure V grant (“OC Go”) from OCTA. OCTA reimburses the City for 90% of operational costs within the allotted annual grant amounts. The standard schedule of services in the grant agreement includes daily Trolley operations between Memorial Day weekend and the final weekend in September on both the red line (downtown) and blue line (Dana Point). The Trolley did not operate in 2020 due to the Covid-19 pandemic. Services were phased in during 2021 as pandemic guidelines allowed. Because of the periods of nonoperation, OCTA revised the grant Cooperative Agreement to allow for carryover use of grant funds to provide cities with additional flexibility.

In 2021, the City Council authorized an extension of the Trolley season beyond September. The City’s successful outdoor dining program removed some of the available public parking stock in the downtown, so the Council approved extended service to improve access and mobility to the downtown. The extension was limited to Saturdays and Sundays from Labor Day weekend until New Year’s Day on the downtown red line only. OCTA approved City staff’s request through their semiannual review process to allow for reimbursement of the extended service. The extended weekend service was also provided in 2022, with the addition of the month of April. In December of 2022, the City Council authorized a supplemental appropriation from the general fund (not reimbursable under the Project V grant) to fund continued Saturday and Sunday service from January through March and to test a pilot route for up to three months in south San Clemente.

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Meeting Date: 5/16/2023 Agenda Item: B.

The City’s grant revenues for FY 2024 will decrease by about $150,000 versus revenues in FY 2023 due to a new grant with OCTA (20-SCLM-CBT-3963) replacing the prior grants (16-SCLM-CBT-3840 and 18-SCLM-CBT-3914), as seen in Attachment 2. The new revenue level, which carries through FY 2027, will not sustain the current level of service of the Trolley program. The City can fully operate during FY 2024 at the 90% reimbursement level, however, due to the carry over grant funds from underutilization during 2020-2021. The City has about $700,000 in carry over funds available. These carry over funds will not sustain operations through FY 2027; however, OCTA has requested Letters of Interest regarding their 2023 Call for Projects under Project V, and this new grant opportunity could increase the baseline funding for both the Trolley and SC Rides programs that are supported by Project V. Staff has prepared a letter (Attachment 1) outlining a vision for future local transit services.

OCTA expects to post the new grant opportunity in November of 2023 and announce awards in Spring of 2024, which would apply to services beginning FY 2025. Staff seeks City Council authorization to send this letter of interest and to apply for the upcoming grant opportunity.

At the City Council meeting on May 2, 2023, the City Council agendized an update on the Trolley, with consideration to continue the Green Line Trolley. Trolley staffing is provided by LAZ Parking, but that contract expires on December 31, 2023. The City Council will need to either enter into a new agreement with LAZ or direct staff to complete an RFP process for operations beyond December 31.

LAZ is willing to augment their current services with the City to include an extension of the Green Line beyond the current termination date of May 21. The City would need to rent two standard white shuttles in order to continue this service since the Trolleys are obligated to return to the Blue Line route between the Outlets and Dana Point. This additional service would be funded by the General Fund, not reimbursable under the Project V grant, and would cost $100 per service hour, including the loaner shuttles. To cover summer operations, two shuttles would be needed, operating for 72 hours each per week. The cost to operate the Green Line continuation would be $14,400 per week, or about $245,000 for the full summer season. These costs would not be reimbursable under the Project V Grant, so a supplemental general fund appropriation would be required.

Council Options:
· Receive and file the Administrative Report and authorize the City Manager to sign and send the Letter of Interest provided in Attachment 1 to OCTA.
· Receive and file the Administrative Report and authorize the City Manager to sign and send the Letter of Interest provided in Attachment 1 to OCTA, with modifications as directed by the City Council.
· Receive and file the Administrative Report dated May 16, 2023, authorize the City Manager to sign and send the Letter of Interest to OCTA, and continue the item with specific direction to staff to return with proposed amendments to the Professional Services Agreement with LAZ and any corresponding supplemental appropriations to support additional Trolley services, such as a continuation of the Green Line Trolley.

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Meeting Date: 5/16/2023 Agenda Item: B.

Fiscal Impact:

Extension of the Green Line Trolley will cost $14,400 per week and is not reimbursable. The Red and Blue line Trolley services are accounted for within the FY 2024 budget and are reimbursable at 90% from OCTA under existing Project V grant agreements. Depending on the funding level of the next round of Project V grants, the City may need to carry more than 10% of the operating costs beginning in FY 2025.

Environmental Review/Analysis:

Administrative reports and letters of interest regarding ongoing programs do not constitute a “project” under CEQA, Section § 15378. If there are future actions to increase service levels of local transit programs, those actions will be evaluated under CEQA at that time.

Recommended Actions:

Staff Recommendation

1. Receive and file the Administrative Report dated May 16, 2023, and on file with the City Clerk and authorize the City Manager to sign and send the Letter of Interest provided in Attachment 1 to OCTA.

2. Discuss and provide direction to Staff regarding whether any further action should be taken with respect to continuation of the Green Line Trolley.

Attachment:

1. Draft Letter to OCTA regarding the 2023 Call For Projects under Project V

2. Project V Grant schedule for San Clemente Trolley operations Notification:

None
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 5/11/2023
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City Manager 910 Calle Negocio, Suite 300 San Clemente, CA 92673 http://san-clemente.org
City of San Clemente
City Manager
Andy Hall, City Manager
Phone: (949) 361-8200
[email protected]
Wednesday, May 17, 2023
Kia Mortazavi, Executive Director of Planning
Orange County Transportation Authority
Sent via email to [email protected]
With a copy to Adriann Cardoso at [email protected]
Subject: Project V Letter of Interest for 2023 Call for Projects Dear Executive Director Mortazavi,
The City of San Clemente has successfully operated a transit programs under Project V, and the City enthusiastically submits this letter to support continued, and expanded, funding for these crucial mobility services in our community. Currently, there are only three (3) bus stops in San Clemente0F
1, a city of nearly 20 square miles. Project V has
helped the City tremendously after the reduction of OCTA bus routes the past few years.

Project V has significantly expanded shared transit opportunities, and data reflects a strong and improving ridership. Because of that data, the City would like to expand our programming. However, at current funding levels, we have to consider making cuts to service. We are hopeful that the 2023 Call for Projects will assess the current economic climate and financial realities of the increasing costs of employing drivers and maintaining vehicles. As we look to the future, we recommend a few modifications to the Project V standards, and we seek support for funding of three service types.

Project V Modifications:

1. Need for expanded funding
The current grant limitation of $550,000 is no longer sufficient to cover operating expenses of existing services. In FY24, continued operations of the daily summer service plus annual Saturday/Sunday service on one route (Red line / downtown) will cost $650,000. That amount is just to maintain the status quo. To meet the real demand for service, the City would like to add Friday service annually and add new lines to serve south San Clemente (San Clemente State Beach and 1 Route 1 & Route 91
ATTACHMENT 1
227
City of San Clemente Page 2
campground) and east (Ave. Pico corridor). Accomplishing this goal would require five (5) additional trolleys and would double the operational costs to $1.3 Million.

The City would also be amenable to transitioning to an electric fleet, but would need assistance in establishing a charging station at our City Yard to support all vehicles. The $1.3 Million figure also does not take into account the continuation of the SC Rides (or similar) pickup service. This program cost $380,000 in the final operational year before the pandemic. The City would also be interested in a last mile/NEV solution. Considering the “full menu” of Project V programs, the City would like to see the annual budget cap increased to $2 Million per year. The City also recommends that the grant funds be tied to performance in some fashion.

San Clemente has consistently demonstrated robust ridership, and we hope that OCTA recognizes strong ridership as one factor in awarding higher grant awards.

2. Need to supersede/replace prior grant
The Project V grant requires a 10% City match of funds. That is no longer the reality. Unfortunately, OCTA approved our 2020 grant at a lower level of funding than was requested. San Clemente expects FY24 expenses to be $650,000 to maintain service levels for the Trolleys. Our FY24 grant revenues for the Trolley will be $232,000. That puts the City in a position of paying for 64% of operations.

Since the last call for projects, costs have risen, putting regular service at risk.

Given the accounting challenges of overlapping grants, the City would prefer that the 2023 Call for Grants allow Cities to apply for increased levels of funding to supersede and replace any active grants.

3. Support for overlapping routes
OCTA has been hesitant to approve local routes that “compete” with regional bus lines (the 1 and 99 in San Clemente). We respectfully ask for reconsideration of this policy. It is impossible to support local transit without utilizing El Camino Real – which both bus routes use. The City successfully tested a new southern line from the Pier to the San Clemente State Beach (not grant supported), hitting 20 riders per hour during a cold and rainy March-April. This route provides new access to the campground and beach as well as access from small hotels/motels to our downtown. It helps reduce VMT and downtown parking demand. We believe that this expanded service could also provide easier access to OCTA’s regional line, bringing increased interest and ridership. 228
City of San Clemente Page 3
Project V: Three service requests in San Clemente

1. Trolley
The City would be interested in expanding service, which could include:
• Daily Summer service from May 1 – September 30
• Friday – Sunday service annually
• Up to 10 holidays / special events (Car Show, 5k’s, New Year’s Eve, etc) • Four trolley lines
o Red (existing): Outlets to Pier
o Blue (existing): Outlets to Dana Point connection
o Green (new): Pier to San Clemente State Beach
o Yellow (new): Outlets to Talega (Pico corridor)

2. SC Rides, provided by Lyft and Butterfli
Due to the removal of bus routes by OCTA, SC Rides has been a fundamental necessity to the City, with over 2,500 riders per month. No operational changes are expected under this service; however, the City would like to increase funding levels to $400,000 per year beginning in FY25. The City is working with OCTA to address FY24 independently since funding for this service lapses July 1, 2023 under the current grant agreement.

3. NEV Circulators
The City would be interested in providing last mile service via NEV circulators.

This service could be on demand or fixed route, providing extended service from Trolley stops to more neighborhood or local beach locations. The City would be interested in reviewing both turnkey solutions (e.g. Circuit) as well as blended solutions (city-owned vehicles, contracted drivers).

Sincerely,
229
City of San Clemente Page 4
Andy Hall
City Manager
230
San Clemente Dowtown Route Continuation Project [20ͲSCLMͲCBTͲ3963] 10/4/2022 Comparison of FY Annual Budget Allocations
FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 FY 27 FY 28 FY 29 TOTALS CͲ#Ͳ#### 4% inflation
Approx cost per RH $54.32 $54.32 $56.49 $58.75 $61.10 $63.55 $66.09 San Clemente Dowtown Route Continuation Project Funding Table Project no. 20-SCLM-CBT-3963 Year 4* Year 5 Year 6 Year 7 Year 8 Year 9
O&M 10% 10% 10% 10% 10%
OCTA Match 90% $ 231,745 $ 238,698 $ 245,859 $ 253,234 TBD Potential TBD Potential 969,536 $ Local Match 10% $ 25,749 $ 26,522 $ 27,318 $ 28,137 Transfer of Savings Transfer of Savings 107,726 $ Total O&M $ 257,495 $ 265,220 $ 273,176 $ 281,372 1,077,262 $ Approx Ann Rev Hr 4,740 4,695 4,650 4,605 18,690
CAPITAL $Ͳ $Ͳ $Ͳ $Ͳ $Ͳ $Ͳ $Ͳ Ͳ $ CͲ6Ͳ1479 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 Approx cost per RH $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 $120.00 San Clemente Summer Trolley Project Funding Table Project no. 16-SCLM-CBT-3840 (Fri - Sun) for 10 weeksService Option 1: Outlets to Pier Year 1 Year 2 Year 3 Year 4 Year 5 Year 6* Year 7* Year 8* Year 9* `
O&M 11% 11% 11% 11% 11% 11% 11%
OCTA Match 89% $17,800
$106,415 $106,415 $106,415 $106,416 $106,416 $106,416
TBD-Potential
Transfer of
Savings
TBD-Potential
Transfer of
Savings 656,293 $
Local Match 11% $2,200 $13,152 $13,152 $13,152 $13,153 $13,153 $13,153 TBD TBD 81,115 $ Total O&M $20,000 $119,567 $119,567 $119,567 $119,569 $119,569 $119,569 737,408 $ Approx Ann Rev Hr 167 996 996 996 996 996 996 6,145
CAPITAL 11%
OCTA Match 89% $525,100 525,100 $ Local Match 11% $64,900 64,900 $ Total Capital $590,000 590,000 $
CͲ8Ͳ1989 FY 17 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY 24 FY 25 FY 26 Approx cost per RH $49.00 $50.96 $53.00 $55.12 $57.32 $59.62 $62.00 4% inflation San Clemente Trolley Expansion Project Funding Table Project no. 18-SCLM-CBT-3914 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6* Year 7* TOTALS O&M 10% 10% 10% 10% 10%
OCTA Match 90%
$108,000 $255,600 $260,100 $268,200 $276,300
TBD-Potential
Transfer of
Savings
TBD-Potential
Transfer of
Savings 1,168,200 $
Local Match 10% $12,000 $28,400 $28,900 $29,800 $30,700 TBD TBD 129,800 $ Total O&M $120,000 $284,000 $289,000 $298,000 $307,000 1,298,000 $ Approx Ann Rev Hr 2,449 5,573 5,453 5,407 5,356 24,237

CAPITAL
OCTA Match 90% $ 369,000 369,000 $ Local Match 10% $ 41,000 41,000 $ Total Capital 410,000 $
expanded from weekends (Fri - Sun) to include Mon - Thu serviceMemorial day to Labor day (yr 1 partial) - 3 trolleys ATTACHMENT 2
231
5/23/2022
San Clemente Dowtown Route Continuation Project [20ͲSCLMͲCBTͲ3963]Revnue Hour Estimation 2020 Proj V Grant Application (Mar 2020) scenario1 scenario2 scenario3 Memorial Day Labor Day service period 3 veh Service ProfileͲAverage week 4 veh 3 veh Tbd 5/27/2022 9/5/2022 101 Calendar Days $169,641.36 200 150 14.4 weeks
48 36 3123 Rev Hrs 14 wks @ 216hrs + 3 sat/sun @avg of 33 hrs 40 30
All holidays
occur during
scheduled
trolley service
(do not 2x
count)
260 195
wkend only April
(7wk X 2) until
Mem Day
Memorial Day Labor Day
Wkend only
through end of
Sept (3wk x 2)
service period 3 veh
14 5/27/2022 9/5/2022 6 121 Calendar Days $205,492.56

24.4 weeks
3783 Rev Hrs 14 wks @ 216hrs + (7+3+1.5) wkends @ 76 hrs wkend only April
(7wk X 2) until
Mem Day
Memorial Day Labor Day
wkend only
(16wk X 2) until
New Years Day
service period 3 veh
14 5/27/2022 9/5/2022 24 139 Calendar Days $252,099.12

33.4 weeks
4641 Rev Hrs 14 wks @ 216hrs + (7+16+1.5) wkends @ 76 hrs MonͲFri: 12pͲ10p (10hr per veh x 5 day)Mem Day Remembrance (late May)Ͳ2hr per veh = 6 Classic Car Show (6/20/20)Ͳ5hr per veh = 15
4th of July (7/4/20)Ͳ8hr per veh = 24
Oceanfest (7/18/20)Ͳ22hr per veh = 66Fiesta (8/9/20)Ͳ10hr per veh = 30Sat: 10aͲ10p (12hr per veh x 1 day)Sun: 10aͲ8p (10hr per veh x 1 day) Average weekly
232

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: C.

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

CONSIDERATION OF THE DESIGN OF 24 PICKLEBALL COURTS AT STEED PARK AND

OPTIONS FOR CONSTRUCTION OF TEMPORARY PICKLEBALL COURTS Summary:

At the April 4, 2023, City Council meeting, the City Council agendized consideration of designing 24 pickleball courts with the potential for future private funding to cover a portion of the construction costs. The City Council previously approved the design of 16 courts and the immediate construction of 8 courts with available funding. Since that time, staff has also explored options to installing 8 temporary courts until the design/construction of the larger facility can be completed. These temporary courts would replace the existing courts at San Gorgonio Park.

Background:

The current scope of work under contract with RJM Design Group includes the design of multiple features in the park including 16 pickleball courts, a court plaza area, shade structure(s), a prefabricated restroom building, a new parking lot near the courts with a switchback sidewalk to and from the lot, an extension of the existing parking lot, and new landscaping, lighting, and fencing around the project area. Increasing the design from 16 to 24 courts will increase the total cost of design by $8,000 and add 3 weeks to the completion time. RJM is currently scheduled to complete their design in about 4 months.

Temporary Pickleball Courts at Steed Park
Given the construction timeline associated with building a new pickleball court facility and understanding the time-sensitive nature of this project, the City Council may consider approving the establishment of temporary pickleball courts at Steed Park. Although defined as temporary, the courts will be high quality concrete courts with nets and fencing that are constructed in a manner that the courts could be used for an extended period of time.

Cost estimates were prepared for the temporary courts with fencing and netting located just north of the skate park at Steed Park (Attachment 1). The anticipated cost for each court is between $100,000 and $150,000. If eight courts are desired, the total cost would be $800,000-$1.2M for the entire project. Another option would be to construct the courts in the current location where RJM is designing the other improvements. Those costs would be slightly higher given the need to perform minor grading due to the existing elevation and a possible longer construction period due to the additional work needed for accessibility. Approving this location may affect future construction efforts.

Construction of temporary courts at the lot adjacent to the skate park will be an expedited CITY OF SAN CLEMENTE Page 1 of 3 Printed on 5/11/2023
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Meeting Date: 5/16/2023 Agenda Item: C.
construction process given the existing graded conditions of the lot. This includes suitable grading, access to the parking lot, and existing restroom facilities.

Council Options:
· Authorize the City Manager to execute an amendment to the RJM design contract to design 24 courts at Steed Park with an $8,000 increase in costs and direct staff to proceed with an addendum to the certified Initial Study and adopt the Mitigated Negative Declaration for the Richard T. Steed Memorial Park master plan and such other or further necessary actions required by applicable law related to the potential 24 court design. · Direct staff to continue with the current design of 16 courts for Steed Park and do not amend the contract with RJM.
· Direct staff to invite bids for 8 courts (or a different amount) at Steed Park just north of the skate park.
· Direct staff to invite bids for 8 courts (or a different amount) at Steed Park in the originally planned location which is currently in design.
· Direct staff not to invite bids for temporary/permanent courts and wait for the final design from RJM before proceeding to construction.
· Continue the item with directions to provide additional information.

Fiscal Impact:

Yes. RJM Design Group is currently designing 16 pickleball courts at Steed Park at a cost of $404,550 which is within the approved available project budget of $494,000 from the General Fund, Steed Park Pickleball Courts, CIP Project No. 13703. Increasing the design from 16 to 24 courts will increase the total design cost to $412,550, a difference of $8,000.

In addition, cost estimates for 8 temporary/permanent courts installed just north of the skate park at Steed Park were estimated at $100,000 - $150,000 per court ($800,000-$1.2M for the entire project).

A similar cost is expected in the current planned location but with added grading costs. There is $3M available in the Park Acquisition and Development Fund for construction improvements.

Environmental Review/Analysis:

On May 2, 2023, the City Council certified the Initial Study and adopted the Mitigated Negative Declaration (“MND”) for the Richard T. Steed Memorial Park master plan. Changing the design to include eight additional courts (24 courts total) will require an addendum to the MND to update the project description to identify a smaller multipurpose field and increase the footprint of the pickleball court hub.

Under the California Environmental Quality Act (“CEQA”) Section 15162, the temporary pickleball court location is consistent with the development of recreation facilities specified in the MND for the site and subject property; while the courts change the use of the intended recreational use of the space, the use is considered temporary. It can be determined that this change will not result in any new or additional impacts, and therefore would not require any additional environmental review or CITY OF SAN CLEMENTE Page 2 of 3 Printed on 5/11/2023
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Meeting Date: 5/16/2023 Agenda Item: C.
new or additional impacts, and therefore would not require any additional environmental review or action. If the Council directs staff to invite bids, an appropriate CEQA determination would be made at the time that the construction contract is awarded.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council provide direction on the project going forward.

Attachment:

1. Proposed location of temporary courts
Notification:

None
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 5/11/2023
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236

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 5/16/2023 Agenda Item: D.

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

PRIVATE SECURITY SUBCOMMITTEE REPORT
Summary:

On April 18, 2023, the City Council formed the Private Security Subcommittee to provide the full body of the City Council information about the use of private security to enhance the existing public safety efforts in the City. The City Council authorized the use of a private security firm for up to three months and up to $100,000 per month on a limited term basis while longer-term solutions are analyzed.

Background:

The subcommittee conducted three interviews and considered four security firms. The firms interviewed include FireWatch Solutions, High Level Security Solutions, and Allied Universal Security Services. The subcommittee did not interview Gatekeepers Security Services because the City Council was already aware of their approach, proposed costs, and had received a presentation from the firm at a regular meeting of the City Council.

Following a review of each proposal and conducting interviews, the City Council Subcommittee is recommending Allied Universal Services (AUS) as the firm to provide private security for the beach and commercial areas of the community. Some, but not necessarily all, of the primary considerations include:
• Competitive cost structure.
• The size of the firm provides flexibility as conditions change. • The size of the firm allows the number of officers to be modified as needed. • The firm has extensive experience working with governmental agencies.

AUS has indicated that they could have officers located, equipped and ready to begin within 30-45 days from execution of the contract. However, until that time, it may be possible to have officers on duty on certain days.

Following consideration of the proposal, the Subcommittee determined the best approach in the initial three-month period would be to have four officers for 12 hour shifts that are staggered to provide coverage from early morning and into the evening hours. This proposal was discussed with AUS and they indicated the requested coverage would be $58,079 per month for the initial three-month period unless modified by the City.

It is critical to establish criteria for measuring the success of the private security to determine if progress is being made toward a safer beach and commercial area in the City. The Subcommittee CITY OF SAN CLEMENTE Page 1 of 3 Printed on 5/11/2023
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Meeting Date: 5/16/2023 Agenda Item: D.
has identified the following metrics to analyze the effectiveness of the private security:
• Number and location of contacts in the beach and commercial areas • Time of day the contact was made
• Type of violation encountered
• Number of unique v. repeat contacts
• Number of Sheriff calls originated from private security • Services offered (accepted and refused)
• Number of mental health referrals
• Number of medical health referrals
• Other types of referrals (housing, job training, etc.) • Number of violations by residents v. number of violations by visitors During the initial three-month period, the City Council Private Security Subcommittee will complete the following tasks:

1. Review the daily and monthly metrics and report the findings to the City Council via memorandum

2. Analyze the effectiveness of the private security v. hiring additional full time City staff a. Cost (salary and benefits)
b. Training
c. Liability

3. Analyze the effectiveness of the private security v. hiring additional Sheriff Deputies a. Cost
b. Effectiveness
c. Citation authority

4. Analyze the potential of a mixture of private security, additional City staff, additional Sheriff Deputies or any combination of the three.

At the end of three months, or sooner if determined appropriate, the Subcommittee will present findings to the City Council regarding a longer-term approach to improving safety in public spaces in San Clemente.

Council Options:
· Ratify the recommendations of the Subcommittee (authorization has been previously given). · Request modification of the Subcommittee recommendations. · Request additional information.
· Reject the recommendations of the Subcommittee with additional direction given.

Fiscal Impact:

As proposed, the provision of private security services by Allied Universal Services would cost $58,079 per month.

Environmental Review/Analysis:

This is not a project as defined by CEQA
CITY OF SAN CLEMENTE Page 2 of 3 Printed on 5/11/2023
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Meeting Date: 5/16/2023 Agenda Item: D.

Recommended Actions:

The Private Security Subcommittee has prepared a recommendation for consideration by the City Council.

Attachment:

1. Private Security Subcommittee Report
CITY OF SAN CLEMENTE Page 3 of 3 Printed on 5/11/2023
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