Agenda
JUNE 20, 2023 REGULAR CITY COUNCIL MEETING AGENDA.PDF
Meeting Materials
CLOSED SESSION - COMPLAINT BY RUTH MARTIN IN PDF
002C1_REDACTE.PDF
7A(1) - CITY COUNCIL ADJOUNED REGULAR MEETING MINUTES 5.5.23.PDF 7A(2) - CITY COUNCIL SPECIAL MEETING MINUTES 5.6.23.PDF 7A(3) - CITY COUNCIL REGULAR MEETING MINUTES 6.6.23.PDF 7B(1) - PLANNING COMMISSION REGULAR MEETING MINUTES 5.17.23.PDF 7B(2) - ZONING ADMINISTRATOR REGULAR MEETING MINUTES 5.18.23.PDF 7B(3) - PLANNING COMMISSION REGULAR MEETING MINUTES 6.7.23.PDF 7C(1) - CERTIFICATION OF WARRANTS 6.2.23.PDF
7C(2) - CERTIFICATION OF WARRANTS 6.9.23.PDF
7D - ORDINANCE 1752 (SECOND READING) - MODIFICATION OF BEACH HOURS.PDF
7E -LICENSE AGREEMENT SAN CLEMENTE PEDESTRIAN BEACH TRAIL.PDF 7F - CONTRACT AWARD - ANNUAL CATHODIC PROTECTION SYSTEM TESTING.PDF
7G - CONTRACT AWARD CALIFORNIA ENVIRONMENTAL QUALITY ACT CEQA REVIEW SERVICES.PDF
7H - CONTRACT AWARD - SEWER MANHOLE INSECT CONTROL
SERVICES.PDF
7I - CONTRACT AWARD - RODENT CONTROL.PDF
7J - CONTRACT AWARD - LANDSCAPE MAINTENANCE.PDF
7K - CONTRACT AWARD - INFIELD AND TRACK MAINTENANCE.PDF 7L - CONTRACT AWARD DOWNTOWN PRESSURE WASHING.PDF
7M - CONTRACT AWARD - LANDSCAPE MAINTENANCE OF CITY PARKS WEST OF INTERSTATE 5.PDF
7N - CONTRACT AMENDMENT - SCRIDES AGREEMENT WITH LYFT AND BUTTERFLI.PDF
9A - MEASURE M2 ANNUAL FUNDING ELIGIBILITY - FISCAL YEAR 2023- 2024.PDF
10A - OPERATIONS OF CITY COMMISSIONS AND COMMITTEES AND
CONSIDERATION OF RE-ESTABLISHING THE COASTAL ADVISORY
COMMITTEE.PDF
10B - ADOPTION OF FISCAL YEAR 2023-2024 SALARY SCHEDULE.PDF 10C - FY 2023-24 CONTRACT BETWEEN THE CITY OF SAN CLEMENTE AND THE COUNTY OF ORANGE POLICE SERVICES.PDF
10D - WITHDRAWL OF RESOLUTION OF NECESSITY WITH RESPECT TO OPEN SPACE PROPERTY LOCATED SOUTHEAST OF AVENIDA PICO.PDF 10E - REVIEW OF AGENDA TEMPLATE AND POLICY AND PROCEDURE 1201- 11 - CITY COUNCIL MEETING AND OPERATING PROCEDURES.PDF
10F - CONSIDERATION OF LETTER OF SUPPORT - THE HELPER ACT (HOMES FOR EVERY LOCAL PROTECTOR, EDUCATOR AND
RESPONDER).PDF
10G - GREEN LINE TROLLEY UPDATE AND CONSIDERATION OF
RESOLUTION 23-60.PDF
10H - PARKING MODIFICATIONS - SOUTH EL CAMINO REAL AND AVENIDA SAN LUIS REY.PDF
10I - CONTRACT AWARD - SECURITY SERVICES.PDF
10J - RATIFICATION OF AN EMERGENCY CONTRACT - TEMPORARY EMERGENCY SLOPE STABILIZATION REPAIRS AT CASA ROMANTICA.PDF
1. Documents:
2. Documents:
10G GREEN LINE TROLLEY UPDATE AND CONSIDERATION OF
RESOLUTION 23-60.PDF
10H - PARKING MODIFICATIONS - SOUTH EL CAMINO REAL AND AVENIDA SAN LUIS REY.PDF
10I - CONTRACT AWARD - SECURITY SERVICES.PDF
10J - RATIFICATION OF AN EMERGENCY CONTRACT - TEMPORARY EMERGENCY SLOPE STABILIZATION REPAIRS AT CASA ROMANTICA.PDF Supplemental Materials
SUPPLEMENTAL MATERIALS FOR THE 6-20-23 CITY COUNCIL MEETING - ITEM 7L - PRESSURE WASHING RESOLUTION 23-54.PDF
SUPPLEMENTAL MATERIALS FOR THE 6-20-23 CITY COUNCIL MEETING ITEM 10I SECURITY SERVICES.PDF
3. Documents:
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1 Ruth Maiiin Pro Per
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10 11 RUTH MARTIN,
Plaintiff,
V.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
Case No.
Hon.
12 Courtroom
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27 CITY OF SAN CLEMENTE, DOES 1
through 50, Inclusive
UNLIMITED JURISDICTION
COMPLAINT FOR:
1. Private Nuisance, Health and Safety
Defendants Code Section 46000 et seq. .
2. Public Nuisance
3. Failure to Notice Conversion of
Tennis Courts into Pickleball Courts
4. Violation of CEQA
5. Injunction
Date Action Filed: - --, 202X
1. Plaintiff, Ruth Maiiin ("Plaintiff'), alleges against Defendant(s), and each of them, as 28 follows:
1 Complaint for Nuisance
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2 Complaint for Nuisance
INTRODUCTION
2. Plaintiff files this Complaint as a result of the acts and/or omissions of Defendant City of San Clemente (“City” or “Defendant”), as set-forth herein, concerning a nuisance created at, and on, Defendant’s property.
3. Plaintiff is a resident of the City of San Clemente, which includes a home located on Via San Gorgonio in the City of San Clemente, California, 92672 (the home and all of which property is referred to herein as the “Property”).
4. The City of San Clemente is the sole owner of San Gorgonio Park, which park is located across the street from Plaintiff’s Property. San Gorgonio Park is often referred to by the name SanG.
5. San Gorgonio Park was created sometime after the City acquired the real property on which San Gorgonio Park is situated in the late 1970’s from the state of California.
6. Plaintiff’s Property is within 40 feet of San Gorgonio Park and in close proximity, approximately 350 feet, to the eight pickleball courts currently located within San Gorgonio Park.
7. Plaintiff has misophonia, a condition which is triggered by repeated sounds including, but not limited to, the noise from pickleball play.
8. Defendant’s acts and/or omissions include, but are not limited to, nuisances resulting from noise from pickleball at San Gorgornio Park as well as from crowds that create crowd noise at the courts and while walking on Via San Gorgonio which occurs partly because there are no sidewalks in the vicinity of San Gorgonio Park with pedestrians being forced to walk on the street.
9. Each of the nuisances complained of, and described herein, affect many residents and owners of properties in the neighborhood surrounding San Gorgonio Park and create a disturbance and nuisance at or near their properties.
10. These interferences are substantial, unreasonable, offensive, and inconvenient to the neighbors of San Gorgonio Park.
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3 Complaint for Nuisance
History of San Gorgonio Park and Pickleball Issues
11. The San Gorgonio Community Park is located at 2916 Via San Gorgonio, San Clemente, California. It is owned and operated by Defendant the City of San Clemente.
12. Upon information and belief, San Gorgonio Park was built on or around 1979. Prior to being built, the land was undeveloped.
13. Upon information and belief, for more than 60 years, pickleball courts were not located within San Gorgonio Park.
14. Upon information and belief, two tennis courts were converted by the City into eight pickleball courts with 4 players per court during the years of 2018 to 2021.
15. Upon information and belief, four to eight tennis players (dependent upon whether the tennis players were playing singles or doubles) were increased to up to 32 pickleball players on those two courts.
16. Upon information and belief, when the City converted the two San Gorgonio Park tennis courts into pickleball courts, the City did not make or include any findings on additional noise that would be created by the conversion, nor any findings relating to additional street parking, street pedestrian and car traffic that would increase due to the conversion.
17. Upon information and belief, in making the determination to convert the San Gorgonio tennis courts into pickleball courts, the City did not perform an E.I.R. or make required negative declarations.
18. Upon information and belief, the determination and vote to move pickleball courts to San Gorgonio Park did not discuss that, under the original San Gorgonio Park Environmental Assessment, all noise-creating activities were required to be in the I-5 Freeway adjacent right of way (as far as possible from residential homes).
19. The Parks & Recreation Commission assured residents in the late 1970’s, before approving building San Gorgonio Park, that at most street parking would be required up to 3 days per year, and recommended increasing parking from 85 - 100 spaces.
20. Upon information and belief, the City in adopting the change from tennis courts ro pickleball courts failed to take into consideration, or properly evaluate, the issues of noise from 1 2
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4 Complaint for Nuisance
crowds, or noise from play, or the increase in parking and traffic due to overflowing San Gorgonio Park parking spaces.
21. Upon information and belief, in addition to noise created on the pickleball courts by the sound of paddles striking pickleballs (and the noise referred to above), sound is also created by “boom” boxes played at high-levels on or near the pickleball courts.
22. Upon information and belief, placing the noise-producing pickleball courts anywhere other than in close proximity to the I-5 Freeway right-of-way is in direct violation of the City’s findings and promises when the park was approved and then built by the City.
23. The ongoing use of the pickleball courts has resulted in unreasonable interference with Plaintiff’s and her neighbors’ use and enjoyment of her and their homes and property, including the loud and irritating noise of paddle strikes, and the noise of boisterous players and spectators, and increased traffic and parking on the neighborhood streets, and pedestrians walking on public streets.
24. Upon information and belief, when the City heard complaints from residents near San Luis Rey Park regarding pickleball courts, at times from around 2018 to 2019, the City voted to relocate all pickleball use to San Gorgonio Park.
25. Both City and state laws that regulate nuisances, including noise, excessive parking in their neighborhood, walking in the streets to ingress and egress the park, etc., have been, and continue to be, violated by the City of San Clemente.
Acquisition of San Gorgonio Park and Environmental Assessment
26. Upon information and belief, during 1976, the City obtained both Linda Lane Park and San Gorgonio Park from the State of California and at approximately the same time, obtained funds from the County of Orange in the amounts of $70,000 and $100,000, respectively, to build/create those parks. The properties were acquired from the State of California as state surplus property.
27. Upon information and belief, when the City acquired San Gorgonio Park, the City performed an Environmental Assessment (“Assessment”).
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5 Complaint for Nuisance
28. Because pickleball did not exist at the time, pickleball, and the related noise and traffic issues, were not included in the Assessment.
29. The Assessment stated that the park would create environmental traffic and noise impacts to the surrounding communities that could not be measured at the time of the Assessment. (See, Assessment, page 2).
30. The Assessment indicated the scope of activities for development in San Gorgonio Park: “two baseball fields, 9 tennis courts, a football and soccer field, handball courts, children’s play areas, and areas for passive recreation and picnicing [sic]).”
31. Upon information belief, the greatest noise-creating activity, baseball, was situated with the field(s) being located along the I-5 Freeway right-of-way, which is the farthest point from the residential neighborhood that borders San Gorgonio Park.
32. The Assessment, page 2, contained the following:
33. Environmental Impact of the proposed action.
… Any potential adverse environmental effects which cannot be avoided if the proposal is implemented are predominately related to traffic and noise. The project has the potential to increase traffic in a residential area and increase the noise level as a result of the outdoor activities.
…
The variety of uses and the number of facilities will increase traffic into the area and during peak activity periods will increase the noise level.
Both the traffic and noise levels are variables and the anticipated increases cannot be determined at this time.
Mitigation Measures Proposed to Minimize Adverse Impacts.
The design of the park indicates that the most active recreational activities will take place next to the Freeway right-of-way which should minimize the noise to the residents on San Gorgonio and Vista Torito. …
34. Upon information and belief, before building San Gorgonio Park, the City was aware of possible parking issues, i.e., insufficient parking during normal activities and when special events occurred, and as a result the City agreed to review the adequacy of parking in Phase III of the development.
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6 Complaint for Nuisance
35. Upon information and belief, the City did not review the noise and parking impacts that resulted from converting San Gorgonio Park tennis courts into pickleball courts.
36. Upon information and belief, at the time of the conversion, the City was aware of potential noise issues, parking, traffic; both pedestrian and cars.
37. Upon information and belief, and most important, the City’s Environmental Assessment informed residents that activities at San Gorgonio Park creating the greatest noise would be located “next to the Freeway right-of-way.”
38. For the August 22, 1978 Parks & Recreation Commission meeting, the Minutes reflect that the commissioners were aware that parking was a neighborhood concern. The Minutes record that Commissioner Johnston stated that residential parking “might happen two or three times a year, but would not be a daily problem, however, he could give no guarantee to the people that spaces would always be available to them. He also commented that apparently the question was not of access as much as parking problems in front of their homes.”
39. Upon information and belief, when the City reviewed moving pickleball to San Gorgonio Park, the Agenda Report provided to Council Members as background failed to include any reference to the above formation studies and documents, and in additiona failed to inform the Council Members that noisy activities were required to be located near the I-5 Freeway Right-ofWay. Nor did the Agenda Report mention that parking in the neighborhood was not supposed to exceed three days per year.
40. Upon information and belief, before approving the pickleball courts in San Gorgonio Park, the Agenda Report to City Council Members failed to inform them about any details of the initial considerations of building San Gorgonio Park or the impacts that were considered at the time (approximately 1978-1979).
Locating Pickleball at San Gorgonio Park
41. Upon information and belief, in spite of the initial determinations, findings, and promises referenced above, and in violation of Plaintiff’s right to rely on the Assessment and City determinations, when the City converted pickleball courts at San Gorgonio Park, the City 1 2
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7 Complaint for Nuisance
failed to locate those converted courts next to the I-5 Freeway right-of-way, as required in the Assessment – notwithstanding that the determination is binding on the City.
42. Upon information and belief, before approving the conversion of tennis courts into pickleball courts at San Gorgonio Park, the City failed to perform an environmental analysis.
43. Upon information and belief, before approving the conversion of tennis courts into pickleball courts at San Gorgonio Park, the City failed to perform testing of noise levels and did not analyze noise tests.
44. Upon information and belief, when questioned, Samantha Wylie, the City’s Beaches and Parks Director, falsely informed Council Members that moving pickleball from San Luis Rey (where pickleball play had become a nuisance) was necessary to eliminate noise, but that doing so would not create a noise issue at San Gorgonio Park.
45. Upon information and belief, Ms. Wylie’s statement was untrue when made, and resulted not only misleading the Council Members and based thereon, they determined to convert the tennis courts at San Gorgonio Park to pickleball courts in spite of the true and actual impact of making such a conversion – increased noise; moreover, the untrue statements induced the Council Members to fail to consider the actual consequences.
46. Upon information and belief, Ms. Wylie’s statement was erroneous as a matter of basic physics, as well as acoustics.
47. Upon information and belief, the City Council has discussed or held hearings related to converting tennis courts into pickleball courts at San Gorgonio Park without considering the noise-related issues referenced above.
48. Upon information and belief, Defendant determined that pickleball noise was a nuisance for nearby residents that lived in close proximity to San Luis Rey Park and therefore pickleball courts were closed at San Luis Rey Park. In short, Defendant moved the pickleball courts from the San Luis Rey Park to San Gorgonio Park because the residents in close proximity to the San Luis Rey Park found the noise generated by pickleball play to be a nuisance. 1 2
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49. Upon information and belief, to offset the loss of pickleball courts within the City of San Clemente, the City intentionally relocated the court(s) and related noise and crowd nuisance to San Gorgonio Park.
50. Upon information and belief, before voting to locate or relocate pickleball at San Gorgonio Park, the City failed to discuss or consider, or make findings regarding, alternatives including, but not limited to, a) the Community Center, b) the Boys and Girls Club, and c) the old Staples building (at least on a temporary basis) that has remained unoccupied for more than five years.
51. Upon information and belief, the reason for moving the courts to San Gorgonio Park and closing the courts at San Luis Rey Park was simple; because there were few complaints at the City level from residents near San Gorgonio Park.
52. Upon information and belief, the decision to add courts at San Gorgonio Park was intentional, unreasonable, negligent, and reckless as the City was aware, or should have been aware, that relocating the courts would result in the stated nuisance and harm and would result in abnormally dangerous activities.
Noise Level Discussion
53. The nuisances created by pickleball are public nuisances, as well as private nuisances.
See, for example, Civil Code Sections 3479, 3480, and 3501, and San Clemente Municipal Code Sections 8.48.010, et seq., 8.48.090, and Health & Safety Code Section 46000 et seq.
54. The San Clemente’s Municipal Code Section 8.48.010 states, under subsection A:
In order to control unnecessary, excessive and annoying sounds emanating from incorporated areas of the City, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources specified in the chapter.
55. Municipal Code Section 8.48.090 states, under subsection C:
Activities conducted on any park or playground provided such park or playground is owned and operated by a public entity, provided the activities do not include amplified sound or noise from said activities does not exceed 80dB(A), unless permitted pursuant to a special event permit or other City-issued approval.
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56. Upon information and belief, the City Municipal Code requires the sound reading to be measured at 20 feet from the sound source.
57. Upon information and belief, tennis creates much less noise than pickleball for, at a minimum, the following reasons:
58. RACKET: Tennis rackets have nylon or synthetic gut strings that are flexible; pickleball rackets are made of a flat, hard surface, wood.
59. BALL: A tennis ball is made from rubber covered in felt. So even if a player were to use a tennis ball on a pickleball paddle, doing still would not create as loud a sound on impact as using a pickleball ball. By contrast, a pickleball ball is made from hard plastic, and when a player impacts plastic ball with the flat wood surface (or surface of fiberglass, graphite, or carbon fiber), the impact generates a loud, echoing noise.
60. SOUND: Because the pickleball court is more compact, there can be multiple pickleball courts for each tennis court, which permits more games to be played simultaneously, which in turn generates more noise. This means that there is more constant noise which could exacerbate how loud it is. This is multiplied by the increase in courts from dramatically increased use. Play proceeds more rapidly as well, cause more contact noise due to that factor alone. And because pickleball is wildly popular at the moment, the courts are utilized with much greater frequency than tennis courts.
61. DECIBEL LEVELS: Pickleball noise often exceeds 80 decibels. On the other hand, tennis only reaches between 55 and 60 decibels – significantly less than pickleball.
62. ANNOYANCE LEVEL: A beeping sound is more annoying than a rumble sound, even if those two sounds are of the same dB level. Tennis produces ball-striking sounds that have a lower pitch than the ball-striking sounds of pickleball, making tennis less annoying.
63. Upon information and belief, not only does the noise emanating from pickleball courts at San Gorgonio Park exceed City statutory limits, but the sound is like a hammer blow on a blacksmith’s anvil and the noise filters into every part of Plaintiff’s home an Property. Plaintiff is aware that the same thing is true of her neighbors’ homes and property. 1 2
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64. The sound of a pickleball paddle strike is less like the low-frequency strike of a tennis racket, and, instead more like the high-frequency strike of a wooden ping pong paddle. The abrupt, high-frequency, and irritating sound of paddle strikes on the pickleball can be heard on the Plaintiff’s property both inside and outside of her home as well as her neighbors’ homes and property.
65. At some higher levels of noise, hearing can be damaged. It is recommended that humans avoid extended periods of exposure to noise levels above 80 dBa.
66. Sound levels above 90 dBa is considered dangerous according to the Occupational Safety and Health Association (OSHA) standards.
67. Each increase by 10 decibels increases sound twofold and is therefore twice as loud.
An increase of 40 decibels is (10dB+10dB+10dB+10dB) or 2x as loud x 2x as loud x 2x as loud x 2x as loud, or 16 times as loud, an increase of 30db is 6 dB is 8 times as loud.
68. A reading of 111dB is more than 8 times that level of noise of 80dB.
69. Upon information and belief, pickleball noise creates a human health risk including hypertension, heart disease, etc.
70. Upon information and belief, pickleball noise exceeds the limits set in objective, science-based community noise ordinances, including those in the City of San Clemente.
71. Upon information and belief, pickleball noise exceeds accepted U.S. and international standards and guidelines (such as those produced by the United States Environmental Protection Agency, World Health Organization, etc.) for community and environmental noise emissions/levels.
72. Upon information and belief, there are no effective means, other than enclosing the entire pickleball court in a well-designed building, of significantly reducing the noise emitted by the pickleball courts such as noise walls, barriers or screens. 1 2
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73. Upon information and belief, although these types of solutions are frequently suggested, they are not effective (for reasons of fundamental physics) and will not reduce the noise to acceptable levels.1
DECIBEL SOUND EQUIVALENTS:
74. 0 dBA – The softest sound a person can hear with normal hearing 10 dBA – normal breathing;
20 dBA – whispering at 5 feet
30 dBA – soft whisper; quiet rural areas2
40 dBA – quiet residential area on a calm day; library
50 dBA – steady rainfall: quiet suburbs
60 dBA – normal conversation:
70 dBA – freeway traffic; Passenger car at 65 mph at 25 feet (77 dB) 85 dBA – noisy restaurant
90 dBA – shouted conversation; Boeing 737 or DC-9 at one nautical mile before landing (97 dB)
100 dBA – nearby snowmobile; Jet takeoff at 305 meters; Jet flyover at 1,000 feet (103dB)
110 dBA – shouting into an ear; live rock music (106 - 110 dB) Actions Related to Creating and Relocating Pickleball Courts
75. Upon information and belief, the Beaches, Parks & Recreation Commission Minutes for its meeting of August 14, 2018 reflect that the Commission considered a Park Master Plan Amendment to add pickleball to both San Luis Rey Park and San Gorgonio Park.
76. Upon information and belief, on or about September 4, 2018, the City Council considered a Master Plan Amendment to San Luis Rey and San Gorgornio parks to allow one tennis court at each park to be converted into pickleball courts.
1 The City added noise barrier fencing and it resulted in little effective reduction in the noise level produced at the San Gorgonio Park pickleball courts and surroundings. 2 Descriptions after the ; are from www.wenet.net/(tilde)hpb/dblevels.com, and www.chem.purdue.edu/chemsafety/Training/PPETTrain/dblevels htm. 1 2
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77. Upon information and belief, the September 4, 2018 Agenda Report, at Item 9A, states:
It is also recommended that the recommended play time be considered a “pilot pickleball program”, with an option to return to Council in one year to review the success of the program and address any issues that may have evolved since implementation.
78. Upon information and belief, the September 4, 2018 Agenda Report at Item 9A glaringly omitted mention of noise, crowds, etc.
79. Upon information and belief, the “one year to review” required review did not occur.
80. Upon information and belief, while the September 4, 2018 Agenda Report at Item 9A states that it is proving “Notification: Interested Parties - Properties within 300 feet of San Gorgornio Park and San Luis Rey Park,” the list of persons who were notified did not include Plaintiff and many of her neighbors, which is a violation of state law and City policy and law.
81. Upon information and belief, while the City was informed of this failure to provide required notice, the City failed to take any corrective measures to rectify the failure.
82. Upon information and belief, pickleball courts were added to both parks sometime thereafter during 2018.
83. Upon information and belief, as set forth above, the City subsequently eliminated pickleball courts from San Luis Rey Park due to noise complaints by neighbors, and converted a second court at San Gorgonio Park to replace the closed San Luis Rey Park court.
84. Upon information and belief, the City failed to discuss, or even consider, why doubling the pickleball courts at San Gorgonio Park would not create a similar or even greater noise issue for the neighbors of San Gorgonio Park. Increasing the number of players increases the noise and frequency of the pinging impact sound when more paddles strike more pickleballs.
85. Upon information and belief, the decision to modify the San Gorgonio Park tennis court(s) into pickleball courts, but eliminating the court at San Luis Rey Park due to noise complaints, is evidence and/or proof of the City’s contempt for residents living in close proximity to San Gorgonio Park.
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86. The City through its Beaches, Parks, and Recreations Department has offered five separate classes to San Clemente adults taught by outside instructors that has increased the number of players and in doing so adds to the noise levels at San Gorgonio Park.
87. Upon information and belief, eliminating pickleball court(s) at San Luis Rey Park was an admission by the City that pickleball related activities create a noise nuisance.
88. Upon information and belief, the City failed to perform a required E.I.R. or make a negative declaration regarding sound and other nuisances that would result from converting tennis courts into pickleball courts at San Gorgornio Park, which was required before the City could make the conversion from tennis to pickleball.
89. Upon information and belief, when considering the conversion of tennis courts into pickleball courts at San Gorgonio Park, the City failed to follow its own directive from the late 1970’s that required activities with high noise levels be located at the back of the park (the area farthest from surrounding residences) near the I-5 freeway right-of-way.
90. Upon information and belief, the Minutes of discussion of closing the pickleball court at San Luis Rey Park and relocating the court to San Gorgonio Park reflect that Beaches, Parks & Recreation Commissioners commented about “Concerns raised about San Luis Rey regarding noise and parking make San Gorgonio a better fit for pickleball.” The Commissioners did not comment on the noise and parking effects of adding one or more pickleball courts at San Gorgonio Park.
91. Upon information and belief, the Commission passed, by a vote 6 - 1, to “rescind the recommendation for the conversion of court #4 at San Luis Rey to permanent pickleball courts, to recommend one of the tennis courts at San Gorgonio Park be dual striped for pickleball and tennis use.”
92. Upon information and belief, on August 13, 2019, the Beaches, Parks & Recreation Commission Minutes reflect comments by the public including:
Yvette Sanville … stated pickleball noise is constant with many players, radios, parties, and lessons beginning as early as 6:15am and continuing until 10pm (at San Luis Rey Park); opined that noise from pickleball use and users is impactful and she is unable to open her 1 2
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windows or enjoy her patio; stated players can be heard from the street; …
93. Upon information and belief, on August 13, 2019, the Beaches, Parks & Recreation Commission Minutes reflect that Commissioners commented as follows:
A problem has been created by adding pickleball to San Luis Rey Park.
San Gorgonio Park does not have a problem with noise.3 Pickleball at San Luis Rey Park should be eliminated or time restricted. San Luis Rey Park is not the location for pickleball due to impacts to residents and the golf course. …” Motion carried 5 - 1 “to recommend the City Council eliminate pickleball usage at San Luis Rey Park and convert Court #4 back to tennis use, dual stripe court #1 at San Gorgonio Park for pickleball, and dedicate five days per week to pickleball play.
94. Upon information and belief, the City Council Minutes for its meeting on September 28, 2021, reflect that a speaker, Al Cullen, informed the Council about concerns that the proposed addition of pickleball to San Gorgonio Park “are ill advised …”
95. Upon information and belief, on November 2, 2021, the City Council Minutes reflect a speaker informing the Council about concerns with pedestrian safety in the vicinity of San Gorgonio Park, noting a lack of sidewalks that forces pedestrians to walk in the street.
96. Upon information and belief, on November 16, 2021, the City Council Minutes reflect a speaker informing the Council that the pickleball courts pose a public noise nuisance.
97. Upon information and belief, on December 7, 2021, the City Council Minutes reflect speakers informing the Council:
(Frances Alordo) “related that pickleball play poses a noise and traffic nuisance for residents in the vicinity of San Gorgonio Community Park; urged Council to relocate pickleball play to the Vista Hermosa Sports Park where residents will not be negatively impacted.”
(Susan Chick) “stated she lives seven blocks from the pickleball courts at San Gorgonio Community Park, but is still negatively impacted from the noise …”
(Anonymous (Plaintiff)) “that pickleball play at San Luis Rey Park was discontinued because of the noise impact on residents and … play at the San Gorgonio Community Park also impacts surrounding residents. …
3 This statement was proven false when later the City tried to reduce the noise by installing an expensive wind barrier fencing, which proved not to be effective to reduce noise. 1 2
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(Susan DiStefano) “urged Council to decommission pickleball play in all residential areas; opined that the current situation violates City Code Chapter 8.48 related to noise control.”
98. Upon information and belief, on December 7, 2021, the City Council Minutes reflect that Mayor James, supported by Council Members Ferguson and Duncan, agendized the issue of noise emanating from pickleball play at San Gorgonio Community Park.
99. Upon information and belief, on December 21, 2021, the City Council Minutes reflect the agendized Item 9F resulted in numerous speakers.
(Amanda Quinn) stated “pickleball courts in residential zones be decommissioned …”
(Sue DiStefano on behalf of the Hyde’s) “pickleball courts negatively affect their lives. … the City has not considered the health and safety of San Clemente residents and has failed to honor the City’s noise ordinance.”
(Kristy Pittman on behalf of …) “urged Council to remove pickleball courts from residential areas …”
(Susan Chick) “reported that she is in possession of a petition containing 182 signatures from Shorecliffs (sic) residents that oppose the disturbances that pickleball has on the Shorecliffs neighborhood; opined that current conditions (at San Gorgonio Park) violate California Civil Code 3480 relating to public nuisance.”
[Other speakers discussed sound and nuisance issues at San Gorgonio Park.]
100. Upon information and belief, on December 21, 2021, the City Council voted to 4 - 1 to:
1. Direct Staff to obtain decibel readings at the property line across the street from the courts before and after “windscreens” are installed,
2. Approved $35,000 for the “purchase of noise-reducing windscreens.
3. Reduced hours of pickleball play to 7:00 a.m. to dusk Monday through Friday and 8:00 a.m. to dusk Saturday and Sunday. …
5. Direct Staff to prioritize the construction of at least four pickleball courts at Steed Park before other park construction projects.
6. Directed that Staff provide an analysis of the potential noise impact that would result from the construction of four pickleball courts at San Gorgonio Community Park near the I-5 before Council is asked to approve a construction project.”
101. Upon information and belief, in August, 2022, after Plaintiff took 3 minutes to discuss the nuisance-noise issues and code violations at City Council under Open Communications, 1 2
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Council member Laura Ferguson asked the City Attorney who was present in Scott Smith’s place whether the City was permitted to violate its own laws. 102. Upon information and belief, the City Attorney stated she did not know, and was deferring to Scott Smith, who had not appeared at a City Council meeting for months, but then further stated she was unaware when Scott Smith would return from his vacation. 103. On September 6, 2022, upon return to the Council meeting, City Attorney Scott Smith informed the Council that the City is required to enforce its own laws. While the City Attorney’s law firm prepared a related memorandum, Defendant and/or the City Attorney takes the position that the memorandum should be considered subject to attorney-client communication privilege and, in accordance with that position, refused to disclose the document to the public. As a result, that document has been distributed only to Council members. 104. Upon information and belief, the City has not moved forward on planning, funding, and/or building pickleball courts at Steed Park or at the rear of San Gorgonio Park. 105. Upon information and belief, the City has not studied the impacts of building four or eight pickleball courts at San Gorgonio Community Park near the I-5, even though more than 8 months have passed since Council voted to direct staff to prepare that report. 106. Samantha Wylie, City of San Clemente Parks & Recreation Manager, sent either an email or internal communication4
to Adam Atamiun, who at the time was the Code Enforcement Director, and stated, in full:
I met with James [City Manager Makshanoff, who was no longer City Manager in 2022] yesterday regarding a complaint from a resident near San Luis Rey Park who is upset with the noise coming from the pickleball/tennis court at the park. James requested that one of your officers perform a decimal (sic, decibel) reading to identify the true volume5
of the noise. The best day to perform the reading will be either Thursday between 3-7pm or Sundays from 9am-9pm.6 Let me know if I can provide any other information.
4 While the date of the internal communication is unknown, it appears to be in advance of the City’s April 10, 2022 noise testing.
5 A decibel meter does not measure the “volume” of sound. 6 It is not clear why these days and times were selected by Ms. Wylie. 1 2
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107. On January 4, 2019, at 5:53 pm, Adam Atamiun sent an email to Ms. Wylie son the stated subject: “Re: pickleball Noise - San Luis Rey Park.” CE staff (Code Enforcement) went by yesterday around 4:30.
Maximum dB level was 81. … The complaint may be more related to the pitch of the noise the pickleball makes rather than the loudness of that noise. Certain high-pitched noses seem to bother people more than other noises that are actually louder. Hope this info helps. 108. An email from Samantha Wylie dated January 6, 2019, at 8:53 am, to City Manager Makshanoff and Assistant City Manager Erik Sund, contained the subject line: “Fwd: pickleball Noise - San Luis Rey Park.”
FYI. See below. CE performed a decibel reading at the park. The exterior noise should technically not exceed 50dB, however according to our noise ordinance, activities that take place in the parks are excluded from this.
I’m heading over to the park this morning to observe the activities for a little bit.
109. This email pointed out the level of acceptable noise for activities (other than parks) in San Clemente and stated that level was a maximum of 50dB. The exception of up to 80 dB in certain park areas exceeds the level of noise allowed elsewhere in the City, and the reason for that exception is not described in any document that Plaintiff has been able to locate. 110. Upon information and belief, the pickleball noise can be heard from residences as far as 1,500 feet from San Gorgonio Park.
City Noise Testing
111. Upon information and belief, the City took decibel sound readings at City-owned pickleball courts and found noise levels exceeded, at times, 111dB’s. “110 dBA – shouting into an ear.”
112. Upon information and belief, the City requested and Anthony Kurtz provided the City 6 separate decibel tests of pickleball noise. Yet the reports did not indicate how many courts were being used during the tests, how many other pickleballers were waiting for their time to play, or whether or not anyone was playing a boom box.
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113. An March 19, 2022 11:52 am test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz includes testing of LAS peak at 111.6 dB and LAE at 90.4 dB, and Lpeak(max) 111.6 dB.
114. An March 19, 2022 12:00 pm test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz includes testing of LAS peak at 105.3 dB and LAE at 81.6 dB, and Lpeak(max) 105.3 dB.
115. An April 9, 2022 2:14 pm test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz7includes testing of LAS peak at 95.8 dB and LAE at 81.9 dB, and Lpeak(max) 95.8 dB.
116. An April 10, 2022 12:19 - 12:24 pm test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz includes testing of LAS peak at 111.2 dB and LAE at 82.1 dB, and Lpeak(max) 111.2 dB
117. An April 10, 2022 12:33 - 12:38 pm, test results from the City of San Clemente, “Measurement Report” prepared by Anthony Kurtz includes testing of LAS peak at 94.4 dB and LAE at 80.1 dB, and Lpeak(max) 94.4 dB.
118. Upon information and belief, during discussions at City Council meetings, and through emails and oral communications, City staff members stated on occasions that the City was unaware of any violations of the City’s noise ordinance, in spite of the fact that these staff members were aware of the City sound testing that resulted in several readings over 80dB up to 111dB.
119. Plaintiff elected to first pursue alternative avenues rather than filing a complaint. In particular, Plaintiff spent months in attempts to obtain relief through available City administrative procedures including, but not limited to, numerous emails to City staff and Council members, and frequent and continuous appearances at City Council Open Communications where she spoke for up to 3 minutes per session and in many cases included a Power-point presentation outlining both the law(s) and violations.
7 TransparentCalifornia.com lists Mr. Kurtz as a Code Enforcement Tech. 1 2
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120. Upon information and belief, there are pickleball paddles and balls that significantly reduce not only the noise levels, but eliminate the “pinging” sound. See, for example, see GAMMA Foam Quiet Balls, and Tourna Foam Balls. For non-tournament and casual play, these balls are useful, viable, and could possibly bring the sound to below 80dB. 121. Upon information and belief, on Labor Day, Monday September 5, 2022, when the courts were locked, the pickleball players climbed the fence in order to play pickleball, thus creating noise and trespassing on the locked City courts, until, later in the day, when Marty Weinberg, the San Clemente pickleball ambassador, called Beaches, Parks, and Recreation Director Samantha Wylie. Ms. Wylie “located a key” and personally unlocked the courts.8 122. Upon information and belief, the noise and crowd nuisance from play at San Gorgonio Park Pickleball has substantially interfered, and continues regularly to interfere, with Plaintiff’s use and enjoyment of her Property.
123. Upon information and belief, any other person would reasonably be annoyed or disturbed by the nuisance resulting from Defendant’s conduct and decision to allow pickleball at the San Gorgonio Park tennis courts.
124. Upon information and belief, Plaintiff and her neighbors did not consent to Defendant’s conduct regarding converting tennis courts into pickleball courts at San Gorgonio Park.
125. Upon information and belief, Plaintiff has been, and will continue to be, harmed by the private and public nuisances of Defendant caused by allowing nuisances to occur at Defendant’s San Gorgonio Park and the public streets surrounding San Gorgonio Park. 126. Upon information and belief, Defendant’s decisions and conduct were a substantial factor in causing Plaintiff’s harm.
127. Upon information and belief, the seriousness of the harm from the nuisance outweighs the public benefit of Defendant’s conduct and decisions to convert tennis courts into pickleball courts at San Gorgonio Park.
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128. Upon information and belief, as of the date of filing this complaint, the City and Council failed to take actions that resulted in significant reduction of the nuisance(s) and the windscreen did not result in substantial or significant reduction in noise levels. 129. Upon information and belief, Plaintiff has been, and will continue to be, seriously injured unless Defendant’s nuisance and related activities complaint of herein are not preliminarily and permanently enjoined.
130. Plaintiff will suffer irreparable injury of a continuing nature that cannot adequately be calculated or compensated solely in money damages because of her ongoing, continuous loss of quiet enjoyment of her Property.
PARTIES
131. Plaintiff Ruth Martin is, and at all times herein relevant was, an individual residing in the City of San Clemente, California at her residence on Via San Gorgonio. 132. Plaintiff Ruth Martin’ home is less than 117 yards (350 feet) from the pickleball and tennis courts at San Gorgonio Park.
133. Defendant City of San Clemente is a municipal corporation under the laws of the State of California and is a General Law city located in Orange County, California. 134. Defendant City of San Clemente is the entirely responsible for the actions and decisions of its Beaches, Parks, and Recreation Department, City staff, and its City Council regarding impacts from the decision to locate pickleball courts at San Gorgonio Park. 135. City of San Clemente is being sued in its own right and on the basis of the acts of its staff, officials, agents, employees, and Council.
136. The true names and capacities of Defendants named herein as DOES 1 through 50 are unknown to Plaintiff, who therefore sues said Defendants by such fictitious names, and Plaintiff will amend this Complaint to show their true names, involvement and capacities when same has been ascertained.
137. Plaintiff is informed and believes, and on that basis alleges, that each of the Defendants named herein as DOE was in some manner responsible for the harm and losses suffered by Plaintiff and/or will be responsible for immanent harm and losses to Plaintiff. 1 2
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ADDITIONAL FACTUAL ALLEGATIONS
138. Plaintiff incorporates by reference the allegations set forth above and below. 139. Plaintiff and her neighbors reside in close proximity to San Gregornio Park and the pickleball courts located at that park during the entire time since the City added pickleball to San Gregornio Park.
140. As a result of Defendant’s conduct and breach of the noise ordinance and state nuisance laws, the value of Plaintiff’s home and property been materially diminished. 141. Upon information and belief, on or about April 20, 2022, Plaintiff Ruth Martin filed a Notice of Claim with the City of San Clemente.
142. Upon information and belief, the City sent Plaintiff’s claim to Carl Warren & Company.
143. Upon information and belief, on or about April 22, 2022, Emily Gutierrez of Carl Warren & Company informed Ms. Martin she would consider the claim on behalf of the City. 144. Upon information and belief, on or about May 26, 2022, the City of San Clemente rejected Plaintiff’s claim. Johanne Thordahl, Human Resources Manager, sent Plaintiff a certified letter stating Plaintiff’s claim was denied.
145. Upon information and belief, before converting tennis courts into pickleball courts sometime around 2018 - 2019, the City failed to do sound studies, and failed to perform an E.I.R. or state it was making a negative declaration.
146. Upon information and belief, on or about 2019, the City was aware that the noise that emanates from pickleball courts including pickleball courts located at San Luis Rey Park in the southern portion of San Clemente in close proximity to the municipal golf course exceeds the City’s allowable limits and constitutes a nuisance.
147. Upon information and belief, on or about 2019-2022, the City’s determined that the noise created a recognized nuisance of the neighbors who lived near San Luis Rey Park pickleball courts, and for that reason relocated the pickleball court to San Gorgonio Park. This is an admission that the City found that pickleball noise and/or traffic creates a nuisance in the neighborhoods surrounding pickleball courts.
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148. Upon information and belief, prior and subsequent to filing the Claim against the City, and before filing this lawsuit, Plaintiff sent numerous emails to City staff and Council members and spoke repeatedly at City Council meetings about violations of noise and other nuisance laws that occurred because pickleball courts were created at San Gorgonio Park. 149. Upon information and belief, while Council voted during 2019 to move the pickleball courts to a new location at Steed Park in the next few years, no specific plan or expenditures were approved and the pickleball at San Gorgonio Park was allowed to continue unabated. 150. Upon information and belief, the proposed cost is over $3,500,000 to build pickleball courts and that amount is currently unfunded and not approved. 151. Upon information and belief, the prior and existing sound and crowd nuisance as well as traffic and pedestrian traffic and the related nuisance(s) for pickleball related activities at San Gorgonio Park are an unreasonable invasion of Plaintiff and her neighbors’ health and safety. 152. Upon information and belief, the noise at San Gorgonio Park that emanates from pickleball use, players, and crowds as well as traffic and pedestrian travel interferes with Plaintiff’s enjoyment of her daily life and use of her Property and has similar effects on her neighbors.
153. Upon information and belief, pickleball activities in San Gorgonio Park including noise, traffic, and pedestrians (there are no sidewalks) is a private and a public nuisance. 154. Plaintiff believes that the noise is, and has been, offensive to a reasonable person in similar circumstances.
155. Plaintiff believes that the pedestrian street movement and parking on or near her home is and has been offensive to a reasonable person in similar circumstances. 156. Plaintiff believes that the crowd noise generated by players and spectators including use of boom boxes and other amplified sound at or near the pickleball courts at San Gorgonio Park rises to the level of a public and private nuisance. 157. Upon information and belief, the Defendant City did not state that its decision in converting tennis courts to pickleball courts is exempt from CEQA. 1 2
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158. Upon information and belief, the Defendant City did not state that its decision in converting tennis courts to pickleball courts was considered after preparing and reviewing an E.I.R.
159. Upon information and belief, converting tennis courts to pickleball courts is not exempt under Article 19 of the CEQA Guidelines (14 Cal. Code Regs., § 15301) because the noise generated is not similar to the noise generated from tennis courts and because each tennis court has been converted into multiple pickleball courts, thus substantially changing the prior use. 160. California State Government Code Section 65302 mandates that noise elements be included as a part of a city general plan and that cities adopt comprehensive noise ordinances. 161. Government Code Section 65302 (f)(3) states:
The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any.
The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards.
162. Upon information and belief, the City’s General Plan, the Centennial Plan, states:
Noise
Excessive noise can adversely affect human health and well-being, economic productivity, and property values, especially in areas where sensitive land uses such as senior housing, schools, child care, and hospitals are located. Mobile and stationary noise sources contribute to overall noise levels, and the impacts of both must be analyzed when considering environmental effects of new development. Bisected by Interstate 5, San Clemente’s primary noise source is from automobile, truck and motorcycle traffic.
Plan S-6 Passenger and freight rail services utilize a rail line that skirts the coastline and are also significant mobile noise sources. The City has successfully used federal tools to reduce train noise near sensitive land uses.
The General Plan is a tool for managing noise by planning for and maintaining compatibility between sensitive land uses and noise sources. Specific standards regulating the noise environment are provided by the San Clemente Noise Ordinance [staff to provide link].
GOAL: Minimize exposure to excessive noise levels by taking appropriate actions to avoid or mitigate the detrimental effects of exposure to excessive noise levels on humans and animals and in particular, on sensitive land uses.
POLICIES:
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S-4.01. Noise Control. We effectively control ambient and stationary noise conditions by maintaining baseline information, monitoring conditions, following State guidelines, and enforcing locally adopted ordinances and building codes.
163. Upon information and belief, Defendant City’s General Plan does not adequately address existing and foreseeable noise problems.
164. Upon information and belief, Defendant City did not maintain a baseline for noise at the tennis courts, or the pickleball court(s).
165. Upon information and belief, Defendant City did not, monitor noise conditions, follow state guidelines, and enforce locally adopted ordinances which limit noise. 166. Upon information and belief, noise, including pickleball, crowd noises, traffic, and pedestrian, plus over-loading of the residential neighborhood with cars and people, constituted, and continue to constitute a nuisance, and deprive Plaintiff of the safe, healthy, and comfortable use of her home and property as proscribed under California Health and Safety Code Sections 46000 et seq., common law, and San Clemente Municipal Code Sections 8.48.010 et seq. 167. State law provides that excessive noise is a serious hazard to the public health and welfare and is a nuisance.
168. State law provides that exposure to certain levels of noise can result in physiological, psychological, and economic damages.
169. Upon information and belief, Defendant City has exposed Plaintiff to a level of noise that is prohibited by state law.
170. Upon information and belief, state law provides that a City has a responsibility to protect the health and welfare of its citizens by the control, prevention, and abatement of noise and other nuisances.
171. State law, Health and Safety Code Section 46000(f), states that:
All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.
172. State law, Health and Safety Code Section 46000(g), states that:
It is the policy of the state to provide an environment for all Californians free from noise that jeopardizes their health or welfare. To 1 2
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that end it is the purpose of this division to establish a means for effective coordination of state activities in noise control and to take such actions as will be necessary to achieve the purposes of this section. 173. Even after notice of the nuisances by Plaintiff to Defendant City, Defendant failed to abate the nuisances, as required by law.
CAUSES OF ACTION
FIRST CAUSE OF ACTION
PRIVATE NUISANCE
(Against All Defendants)
174. Plaintiff hereby incorporates by reference all paragraphs above as though fully set forth herein.
175. Health and Safety Code Section 46000, provides, in part:
... (f) All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.
(g) It is the policy of the state to provide an environment for all Californians.
176. Health and Safety Code, Section 46001, provides in part:
No provision of this division or ruling of the Office of Noise Control is a limitation or expansion: …
(e) On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any noise pollution.
177. Under the guidelines of Section 415 of the California Penal Code, it is illegal for any resident to knowingly create loud and unreasonable noises as a means of disturbing another.
Those convicted of violating this law face a maximum of 90 days in jail and/or a maximum fine of $400.00. Unnecessary noise can be a violation at any time. The City is not exempt from this statute, and neither are the players who are potentially liable for criminal violations. 178. The nuisance conditions at Plaintiff’s home resulted from the negligently and intentionally caused nuisance within, but not limited to, the meaning of Civil Code Section 3479, et seq., as well as relevant City codes, and state law in that said conditions related to pickleball activities in San Gorgonio Park were, and are, injurious to the health and safety of Plaintiff, 1 2
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indecent and offensive to the senses of Plaintiff and did, and continue, to interfere substantially with Plaintiff’s comfortable enjoyment of her home and Property. 179. Defendant would not have allowed pickleball courts to be located near Plaintiff’s home had it followed the Environmental Assessment and Beaches, Parks, and Recreation Commission decisions and required the courts to be located in the area near the I-5 right-of-way and ensured that sufficient parking was provided in order that over-flow neighborhood parking did not occur more than 3 times per year.
180. Such nuisances have been, and are, ongoing.
181. Such nuisances have caused, and will continue to cause, Plaintiff to suffer general and special damages.
182. The conditions including but not limited to dangerous and defective conditions resulting from pickleball at Defendant’s San Gorgonio Park constituted and constitute nuisances, and have deprived and continue to deprive Plaintiff of the safe, healthy, and comfortable use of her Property.
183. Upon information and belief, even after being noticed of the nuisance created by the play and traffic around the San Gorgonio Park pickleball courts, Defendant City failed to adequately abate the nuisance(s) as required by the City’s own laws, as well as state laws. 184. Upon information and belief, as a result of Defendant’s conduct including breach of the City’s Noise Ordinance, the City’s General Plan, as well as state law, the value of Plaintiff’s home has been materially diminished.
185. Plaintiff has sustained general, special, and property damages in amounts to be determined at trial and has been forced, as a result of Defendant’s violations, to retain counsel to enforce her rights, and has incurred and will continue to incur costs and reasonable attorneys’ fees in connection with this complaint/lawsuit, recovery of which Plaintiff is entitled to according to proof.
186. As a further and proximate result of Defendant’s conduct and breach of the City’s Environmental Assessment for San Gorgonio Park, the City’s Noise Ordinance, the City’s General Plan, and state nuisance and noise laws, Plaintiff has been injured in her health, strength, 1 2
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and activity, sustaining injury to her body and shock and injury to her nervous system and person, all of which injuries have caused and continue to cause Plaintiff great mental, physical, and nervous pain and suffering.
187. Plaintiff is informed and believes and therein alleges that said injuries will result in some permanent disability to Plaintiff, in an as yet unascertained amount, that exceeds the minimum jurisdiction of this Court.
188. WHEREFORE, Plaintiff prays for judgment against Defendant, and each of them, as herein set forth.
SECOND CAUSE OF ACTION
PUBLIC NUISANCE
(Against All Defendants)
189. Plaintiff hereby incorporates by reference all paragraphs included above and below, as though fully set forth herein.
190. The conditions of the Property that Defendant negligently and intentionally caused to exist constitute a nuisance within, but not limited to the meaning of Civil Code Section 3479, et seq., and Health & Safety Code Section 46000 et seq., in that said defective conditions were and are injurious to the health and safety of Plaintiff, indecent and offensive to the senses including hearing of Plaintiff and did and continue to interfere with Plaintiff’s comfortable enjoyment of life and her Property.
191. Such nuisances have been, and are, ongoing.
192. Such nuisances have caused, and will continue to cause in the future, Plaintiff to suffer general and special damages.
193. Pursuant to Civil Code Sections 3479 and 3480, Plaintiff brings this civil action for public nuisance.
194. The conditions including dangerous and defective conditions at and around the Defendant’s San Gorgonio Park affected and continues to affect Plaintiff’s home and Property and constitute and constituted nuisances, and deprived and deprive Plaintiff of the safe, healthy, and comfortable use of her home and her Property.
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195. Plaintiff and the public are injured by ongoing, constant, and repeated disturbance caused by noise and vibrations from pickleball activities at San Gorgonio Park which is owned and operated by the City of San Clemente, which park is directly adjacent to Plaintiff and other members of the publics’ homes and residences and properties. 196. Plaintiff is especially injured by the noise and vibrations emanating from the City of San Clemente’s San Gorgonio Park pickleball courts, crowd noise at the pickleball courts, boom box and other amplified sound that occurs at or around the pickleball courts, as well as traffic and pedestrians, all of which cause Plaintiff extreme discomfort and annoyance, significantly affects Plaintiff’s ability to use her Property, inside and out, impacts her ability to rest and/or sleep, and causes her to move to other areas of her home or leave her home entirely in an effort to get away from the noise and congestion.
197. Plaintiff worries about the health risks associated with the long-term exposure to excessive noise and annoying repetitive noise.
198. Plaintiff worries and is concerned with the health and safety risks of break-ins, robberies, and other adverse incidents that may or have been caused by adding so many additional uses of the pickleball courts as compared with the number of users prior to the allowance of pickleball at San Gorgonio Park when those courts were limited to tennis. 199. Defendant would not have allowed pickleball courts to be located near Plaintiff’s home had it followed the Environmental Assessment and Beaches, Parks, and Recreation Commission decisions and required the courts to be located in the area near the I-5 right-of-way and ensured that sufficient parking was provided in order that over-flow neighborhood parking did not occur more than 3 times per year.
200. As a further and proximate result of Defendant’s conduct and breach of the City’s Environmental Assessment for San Gorgonio Park, the City’s Noise Ordinance, the City’s General Plan, and state nuisance and noise laws, Plaintiff has been injured in her health, strength, and activity, sustaining injury to her body and shock and injury to her nervous system and person, all of which injuries have caused and continue to cause Plaintiff great mental, physical, and nervous pain and suffering.
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201. Defendant failed to properly and adequately abate each and every nuisance as required by state and local law.
202. As a result of Defendant’s conduct and breach of the San Clemente Noise ordinance and state law, the value of Plaintiff’s Property has been materially diminished. 203. In addition, Plaintiff has sustained general, special, and property damage in amounts to be determined at trial and may be forced as a result of Defendant’s violations to retain a law firm and/or attorney to enforce her rights, and may incurred costs and reasonable attorneys’ fees in connection herewith, recovery of which Plaintiff is entitled to according to proof. 204. As a further and proximate result of Defendant’s conduct and breach of the City’s Noise Ordinance and state law, Plaintiff has been injured in her health, strength, and activity, sustaining injury to her body and shock and injury to her nervous system and person, all of which injuries have caused and continue to cause great mental, physical, psychological, and physiological and nervous pain and suffering.
205. Plaintiff is informed and believes and thereupon alleges that said injuries, and each of them, will result in some permanent disability or disabilities to Plaintiff, in an as yet unascertainable amount, that exceeds the minimum jurisdiction of this court.
THIRD CAUSE OF ACTION
FAILURE TO NOTICE HEARING
(Against All Defendants)
206. Plaintiff hereby incorporates by reference all paragraphs included above and below, as though fully set forth herein.
207. When the City held hearings to discuss converting the first and second tennis courts into pickleball courts, it failed to provide Plaintiff, and other Shorecliff residents living within 300 feet of San Gorgonio Park of the hearing date and time as required under the law. 208. As a result of the failure to properly notice Plaintiff and others, the hearing(s) were improper and the vote is void or voidable.
FORTH CAUSE OF ACTION
FAILURE TO PERFORM CEQA STUDY
(Against All Defendants)
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209. Plaintiff hereby incorporates by reference all paragraphs included above and below, as though fully set forth herein.
210. When the City held hearings to discuss converting the first and second tennis courts into pickleball courts, it failed to perform a CEQA study before the hearing dates as required under the law.
211. As a result of the failure to perform a CEQA study, or make proper findings that no study is required (there is no discussion regarding this point), the hearing(s) were improper and the vote is void or voidable.
FIFTH CAUSE OF ACTION
INJUNCTION
(Against All Defendants)
212. Plaintiff hereby incorporates by reference all paragraphs included above and below, as though fully set forth herein.
213. Because the courts are a noise, traffic, and pedestrian nuisance, and/or because the City failed to notice Plaintiff and others of the conversion hearings, and/or because the City failed to perform a CEQA study (or make a negative declaration), an injunction should be issued closing the courts until such time as this court rules on this Complaint.
PRAYER FOR JUDGMENT
214. WHEREFORE, Plaintiff prays for judgment against Defendant, as set-forth below:
a. With regard to the First through Fourth Causes of Action, for compensatory damages in an amount to be determined according to proof at trial; b. With regard to the First through Fourth Causes of Action, for special damages in an amount to be determined by proof at trial;
c. With regard to the First through Fourth Causes of Action, for general damages in an amount to be determined by proof at trial;
d. With regard to the Fifth Cause of Action, for declaratory and injunctive relief, including a declaration that Plaintiff is the prevailing party and that Defendant is directed to abate the nuisance(s) herein complained of; 1 2
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e. For reasonable attorneys’ fees and costs, if Plaintiff incurs legal fees and costs, under any applicable statute or common law, including but not limited to the California private attorneys’ general law, and costs and for related expenses of litigation, in an amount to be determined by proof at trial; f. With regard to all Causes of Action, for any prejudgment or other interest according to law; and
g. With regard to all Causes of Action, for any other and further relief that this Court deems appropriate.
Dated: _ , 2022 Respectfully submitted
Ruth Martin
_____________________________
Ruth Martin - Pro Per
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
CITY OF SAN CLEMENTE
Monday, June 5, 2023 2:00 PM
City Council
Adjourned Regular Meeting
Minutes
2:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
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.
An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on June 5, 2023 at 2:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
PRESENT: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan STAFF PRESENT: Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk
BUSINESS MEETING
PLEDGE OF ALLEGIANCE
Mayor Duncan led the Pledge of Allegiance.
1. INTERVIEWS/APPOINTMENTS
A. BEACHES, PARKS AND RECREATION COMMISSION
Concerned Resident opined that if there is a tie between candidates that priority should be given to those candidates with longer residency in San Clemente.
Amanda Q spoke in support of Cord Bauer for the Beaches, Parks and Recreation Commission due to his efforts in opposing the toll road; opined that the Beaches, Parks and Recreation needs better decorum during its meetings.
Council interviewed the following applicants:
Cordell Bauer
Jeannie Bernier
John Dow
Jessica Fabricant (not present to interview)
Brian Jacobs
Thor Johnson
1 Agenda Item: 7A(1)
City Council Adjourned Regular Meeting Minutes June 5, 2023 Edward Kweskin
Patrick Minnehan
Teri Rousseau
Amelia Mae Weinstein
Suzie Whitelaw (Withdrew application)
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to agendize consideration of reinstating the Coastal Advisory Committee and determine the number of members, qualifications and duties at its meeting of June 20, 2023.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Councilmembers cast written ballots to fill three vacancies on the Beaches, Parks and Recreation Commission, which were announced verbally by City Clerk Campagnolo as follows:
CABRAL: Bauer, Johnson, Rousseau
ENMEIER: Dow, Jacobs, Kweskin
KNOBLOCK: Dow, Johnson, Minnehan
LOEFFLER: Bauer, Johnson, Rousseau
DUNCAN: Dow, Kweskin, Weinstein
Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 5-0, to appoint John Dow and Thor Johnson to the Beaches, Parks and Recreation Commission for terms to expire June 30, 2025.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Councilmembers cast additional written ballots for the remaining vacancy from the individuals that received two votes.
Council considered the following candidates:
Cord Bauer
Edward Kweskin
Teri Rousseau
City Clerk Campagnolo verbally announced the written ballots as follows:
CABRAL: Rousseau
ENMEIER: Kweskin
KNOBLOCK: Bauer
LOEFFLER: Rousseau
DUNCAN: Kweskin
2 City Council Adjourned Regular Meeting Minutes June 5, 2023 Councilmembers cast additional written ballots for the remaining vacancy from the individuals that received two votes.
Council considered the following candidates:
Edward Kweskin
Teri Rousseau
City Clerk Campagnolo verbally announced the written ballots as follows:
CABRAL: Rousseau
ENMEIER: Kweskin
KNOBLOCK: Kweskin
LOEFFLER: Rousseau
DUNCAN: Kweskin
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to appoint Edward Kweskin to the Beaches, Parks and Recreation Commission for a term to expire June 30, 2025.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
MEETING RECESSED
Council recessed the meeting at 3:20 p.m., and reconvened at 3:23 p.m. with all Councilmembers present.
B. PLANNING COMMISSION
Amanda Q spoke on her participation in public meetings; opined on the professionalism of the Planning Commission and spoke in support of Barton Crandell.
Suzie Whitelaw spoke in support of Brian Jacobs.
Council interviewed the following applicants:
M. Steven Camp
Barton Crandell
Brent Davis
Shane Hirschman
Brian Jacobs
Kristen Olosky
Aaron Washington
Councilmembers cast written ballots to fill three vacancies on the Planning Commission, which were announced verbally by City Clerk Campagnolo as follows:
3 City Council Adjourned Regular Meeting Minutes June 5, 2023 CABRAL: Camp, Crandell, Davis
ENMEIER: Camp, Jacobs, Olosky
KNOBLOCK: Camp, Crandell, Washington
LOEFFLER: Camp, Crandell, Davis
DUNCAN: Camp, Crandell, Olosky
Motion by Mayor Pro Tem Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to appoint M. Steven Camp and Barton Crandell to the Planning Commission for terms to expire June 30, 2025.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Councilmembers cast additional written ballots for the remaining vacancy from the individuals that received two votes.
Council considered the following candidates:
Brent Davis
Kristen Olosky
City Clerk Campagnolo verbally announced the written ballots as follows:
CABRAL: Davis
ENMEIER: Olosky
KNOBLOCK: Davis
LOEFFLER: Davis
DUNCAN: Olosky
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to appoint Brent Davis to the Planning Commission for a term to expire June 30, 2025
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
C. GOLF COURSE COMMITTEE
Council interviewed the following candidates:
Rick Divel
Andrew MacBeth (Not present to interview)
Marc Veale
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to appoint Rick Divel and Marc Veale to the Golf Course Committee for terms to expire June 30, 2023.
5 City Council Adjourned Regular Meeting Minutes June 5, 2023 AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
2. Adjournment
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to adjourn at 4:32 p.m. The next Regular Meeting will be held on June 6, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California
6 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
CITY OF SAN CLEMENTE
Tuesday, June 6, 2023 3:00 PM
City Council
Special Meeting Minutes
3:00 p.m. - Special Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
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 June 6, 2023 at 3:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
PRESENT: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan STAFF PRESENT: Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk
SPECIAL MEETING
PLEDGE OF ALLEGIANCE
Councilmember Loeffler led the Pledge of Allegiance.
1. INTERVIEWS/APPOINTMENTS
A. HUMAN AFFAIRS COMMITTEE
Council interviewed the following applicants:
Cordell Bauer
Tyler Boden
Lisa Edone
Shane Hirschman
Dick Veale
Thor Johnson withdrew his application for the Human Affairs Committee.
Councilmembers cast written ballots to fill three 2-year term vacancies and one 1-year term vacancy.on the Human Affairs Committee, which were announced verbally by City Clerk Campagnolo as follows:
CABRAL: Bauer, Boden, Edone, Hirschman
ENMEIER: Boden, Edone, Hirschman, Veale
1 Agenda Item 7A(2)
City Council Special Meeting Minutes June 6, 2023
KNOBLOCK: Bauer, Boden, Edone, Veale
LOEFFLER: Bauer, Boden, Edone, Hirschman
DUNCAN: Bauer, Boden, Edone, Veale
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to appoint Cordell Bauer, Tyler Boden and Lisa Edone to the Human Affairs Committee for terms set to expire June 30, 2025.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Council cast written ballots for the one-year term set to expire June 30, 2024.
Council considered the following candidates:
Shane Hirschman
Dick Veale
City Clerk Campagnolo verbally announced the written ballots as follows:
CABRAL: Hirschman
ENMEIER: Veale
KNOBLOCK: Veale
LOEFFLER: Hirschman
DUNCAN: Veale
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to appoint Dick Veale to a one-year term to expire on June 30, 2024.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
B. INVESTMENT ADVISORY COMMITTEE
Motion by Mayor Pro Tem Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to appoint Art Carter to a two-year term set to expire June 30, 2025 and Amanda Conley to a one-year term set to expire June 30, 2024.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
2 City Council Special Meeting Minutes June 6, 2023
C. PUBLIC SAFETY COMMITTEE
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to appoint Nick Berkuta and Mark Rhoden to the Public Safety Committee for terms set to expire June 30, 2025.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
2. Adjournment
Motion by Mayor Pro Tem Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to adjourn at 3:53 p.m. The next Regular Meeting will be held on June 6, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California
3 CITY OF SAN CLEMENTE
Tuesday, June 6, 2023 5:00 PM
City Council
Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
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 June 6, 2023 at 5:01 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
PRESENT: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk
CLOSED SESSION
Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to recess at 5:02 p.m. to Closed Session to discuss the following:
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 AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Closed Session concluded at 5:58 p.m.
1 Agenda Item: 7A(3)
City Council Regular Meeting Minutes June 6, 2023
BUSINESS MEETING
The business meeting reconvened at 6:03 p.m., with all Councilmembers present.
INVOCATION
Reverend Jesse Lund, Pastor, San Clemente Presbyterian Church gave the invocation.
PLEDGE OF ALLEGIANCE
Councilmember Loeffler led the Pledge of Allegiance.
1. Special Presentations
A. Groundswell (Formerly Orange County Human Relations) Annual Report Sue Reese, Advisory Board Member, presented the Groundswell annual report.
B. Presentation of Commendation - Patricia Hurtado
Amanda Q recognized Patricia Hurtado for her heroic actions on May 26, 2023.
Mayor Duncan presented a commendation to Patricia Hurtado in recognition of her heroic act at the San Clemente Pier on May 26, 2023.
2. Oral Communications (Part 1)
Cord Bauer, San Clemente, spoke on the illegal activity at North Beach and the need for additional enforcement.
Lisa Edone commented on the City's mission statement as it relates to safety; spoke on safety concerns in the City.
Decline, San Clemente, requested that the City eliminate Coastal Commission oversight and assume responsibility for approvals as other neighboring cities have.
Cameron Cosgrove, San Clemente, recognized Council for hiring four additional deputies; opined that the City should utilize park rangers to address low priority safety issues at North Beach.
Suzie Whitelaw, Save our Beaches San Clemente, opined that the Coastal Zone Administrator position should not be tasked with overseeing the Local Coastal Program.
Joe Janis, San Clemente, spoke on the increase in crime in the T-Zone; opined that private security should be approved for a trial period.
Lois McNicoll expressed concern about the incident at the pier with the Marines and local youth on May 26, 2023; opined that the City needs to hire private
2 City Council Regular Meeting Minutes June 6, 2023
security to address safety concerns.
Wayne Eggleston, San Clemente, expressed concerns regarding the incident with Marines and local youth on May 26, 2023; opined that the incident has damaged the City's reputation and relationship with the Marines.
Darryl McFann, San Clemente, expressed concerns with the incident at the pier with Marines and local youth on May 26, 2023; opined that the City should utilize private security to address safety concerns.
Clive Makinson-Sanders, San Clemente, commented on juveniles congregating in Trafalgar Canyon and participating in illegal activity; noted the potential danger to the residents.
Jill Watson, San Clemente, commented on the incident between Marines and local youth at the Pier on May 26, 2023; opined that San Clemente needs to hire private security.
Amanda Q expressed concerns that witnesses to the incident at the pier between Marines and a large group of local kids, were not able to provide a statement to San Clemente Police Services due to English not being their primary language; opined that the City should hire a private security firm; suggested that the City consider hiring a lobbyist for sand replenishment in lieu of hiring a Coastal Zone Administrator.
Concerned Resident opined that Council's priorities should be safety for the residents as well as sand replenishment for San Clemente beaches.
Tom Garrett spoke in support of private security; voiced concern with the impact of crime to the residents.
Angelo Pasciuti commented on the incident on May 26, 2023 between Marines and local youth; opined that there should be a Marine liaison to work with the Marines and the community to repair division.
3. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to waive reading in full of all Resolutions and Ordinances.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
4. Consideration of agendizing items requiring immediate action None.
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5. Closed Session Report - City Attorney
City Attorney Mitchell announced that the following action was taken in Closed Session:
Council gave direction; no reportable action concerning:
Case Name: 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)
Council gave direction; no reportable action concerning:
Case Name: City of San Clemente v. Emergency Shelter Coalition, et al.
Orange County Superior Court Case Number :
2020-01153535-CU-EI-CXC
6. Staff Communications
Economic Development Officer Lightfoot provided an update to Council concerning the Trolley as it relates to grant funding with the Orange County Transportation Authority; provided Council with an update concerning development projects within the City including the Miramar Project and the hotel proposal, The Gallery.
Public Works Director/City Engineer Koger narrated a PowePoint presentation entitled "Casa Romantica Landslide" and provided an update to Council on mitigation efforts concerning the landslide at Casa Romantica.
Reorganization of Agenda
Council agreed to move item 10C - Temporary Modification of Beach Hours in Accordance with section 12.32.140 of the San Clemente Municipal Code and Consideration of Urgency Ordinance related to the same and item 8A - Adoption of the Fiscal Year 2023-24 Budget before the Consent Calendar is considered.
For Item 10C please reference page 17 of these minutes for a summary of action.
For Item 8A please reference page 13 of these minutes for a summary of action.
4 City Council Regular Meeting Minutes June 6, 2023
7. Consent Calendar
City Manager Hall requested that Council continue item 7I - Renewed Measure M2 Annual Funding Eligibility - Fiscal Year 2023-2024 and item 7N - Adoption of Resolution No. 23-30, Approving a License Agreement with Abound Food Care for Emergency Meal Storage.
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to continue items 7I - Renewed Measure M2 Annual Funding Eligibility - Fiscal Year 2023-2024 and item 7N - Adoption of Resolution No. 23-30, Approving a License Agreement with Abound Food Care for Emergency Meal Storage.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Motion by Councilmember Loeffler, second by Mayor Duncan, CARRIED 5-0, to reconsider items 7I - Renewed Measure M2 Annual Funding Eligibility - Fiscal Year 2023-2024 and item 7N - Adoption of Resolution No. 23-30, Approving a License Agreement with Abound Food Care for Emergency Meal Storage.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Council removed items 7G, 7I and 7N from the Consent Calendar for discussion.
A. City Council Minutes
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MAY 16, 2023.
(2) APPROVE THE CITY COUNCIL ADJOURNED REGULAR MEETING MINUTES OF MAY 23, 2023.
(3) APPROVE THE CITY COUNCIL SPECIAL MEETING MINUTES OF MAY 23, 2023.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
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B. Commission/Committee Minutes
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to receive and file:
(1) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF
NOVEMBER 3, 2022.
(2) GOLF COURSE COMMITTEE REGULAR MEETING MINUTES OF FEBRUARY 2, 2023.
(3) BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF DECEMBER 13, 2022.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
C. Warrant Register
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2843 THROUGH 2848 AND WARRANT NOS.
588048 THROUGH 588192, PAID ON
5-5-23, IN THE AMOUNT OF $2,991,701.41
(2) APPROVE WIRE TRANSFER NOS.
2849 THROUGH 2850 AND WARRANT NOS.
588193 THROUGH 588368, PAID ON
5-12-23, IN THE AMOUNT OF $1,406,943.35
(3) APPROVE WIRE TRANSFER NOS.
2851 THROUGH 2854 AND WARRANT NOS.
588369 THROUGH 588517, PAID ON
5-19-23, IN THE AMOUNT OF $1,049,245.17
(4) APPROVE WARRANT NOS.
588518 THROUGH 588702, PAID ON
5-26-23, IN THE AMOUNT OF $3,385,987.12
TOTAL WARRANT REGISTER $8,833,877.05
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
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Payroll Register
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
$459,187.26
$471,974.43
APPROVE AUTOMATIC DEPOSIT ADVISES
85465 THROUGH 85752, FOR THE PERIOD
4-17-23 THROUGH 4-30-23, PAID
ON 5-5-23, IN THE AMOUNT OF
APPROVE WARRANT NO. 902, AUTOMATIC
DEPOSIT ADVISES 85753 THROUGH
86051, FOR THE PERIOD 5-1-23
THROUGH 5-14-23, PAID ON
5-19-23, IN THE AMOUNT OF
TOTAL PAYROLL REGISTER $931,161.69
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
D. CONTRACT AWARD - FY 2023 AS-NEEDED PAVEMENT REPAIRS (TRACT 852)
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-32, which will:
1. Find the FY 2023 As-Needed Pavement Repairs (Tract 852), Project No. 23306 categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
2. Award the FY 2023 As-Needed Pavement Repairs (Tract 852), Project No. 23306, contract to ONXY Paving Company, Inc.
3. Authorize the Public Works Director/City Engineer to execute, Contract No.
C23-25, by and between the City of San Clemente and ONYX Paving Company, Inc., providing for the FY 2023 As-Needed Pavement Repairs (Tract 852), in the amount of $515,000.
4. Authorize the budget transfer of $690,000 from Account No. 042-848-45300- 000-13326 FY 2023 Alley Pavement Rehabilitation, to Account No. 042-848- 43420-000-23306 FY 2023 As-Needed Pavement Repairs (Tract 852).
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
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E. NOTICE OF COMPLETION - FY 2023 STREET IMPROVEMENT PROGRAM AND FY 2023 ARTERIAL STREET PAVEMENT MAINTENANCE
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-33, which will:
1. Accept the FY 2023 Street Improvement Program and FY 2023 Arterial Street Pavement Maintenance, CIP Project Nos. 13327 and 13320 with the striping modifications as listed in Attachment 4 of the Administrative Report dated June 6, 2023, from the contractor, Roy Allan Slurry Seal, Inc.
2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for FY 2023 Street Improvement Program and FY 2023 Arterial Street Pavement Maintenance.
3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Roy Allan Slurry Seal, Inc.
4. Authorize the City Clerk to release the Performance Bond upon receipt of Warranty Bond in the amount of 25% of the construction cost.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
F. NOTICE OF COMPLETION - WATER RECLAMATION PLANT (WRP)
ELECTRICAL SYSTEMS REPLACEMENT PHASE I PLANT MAIN
DISTRIBUTION PANEL (PMD)
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, to:
Adopt Resolution No. 23-34, which will:
1. Accept the Water Reclamation Plant (WRP) Electrical Systems Replacement Phase I Plant Main Distribution Panel (PMD), Project No. 16205, from the contractor, Global Power Group, Inc.
2. Authorize the Utilities Director to execute, and the City Clerk to record, the Notice of Completion for WRP Electrical Systems Replacement Phase I PMD.
3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Utilities Department that no liens have been levied against the Contractor, Global Power Group, Inc.
4. Authorize the City Clerk to release the Performance Bond upon receipt of a
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Warranty Bond in the amount of 25% of the construction cost.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
H. CONTRACT AMENDMENT - MANAGED SECURITY SERVICES
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, to:
Adopt Resolution No. 23-36, which will:
Authorize the City Manager to execute, Amendment No. 1 to Contract No.
C20-21, by and between the City of San Clemente and Savant Solutions, Inc., providing for the Arctic Wolf Networks Managed Detection and Response and Managed Risk Services. This amendment increases the contract amount from $181,945 to $300,658, an increase of $118,713.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
J. ESTABLISHING APPROPRIATIONS LIMIT FOR FISCAL YEAR (FY) 2023-24 (GANN LIMIT)
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-40, which will:
Establish an appropriation limit pursuant to Article XIIB of the California Constitution.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
K. DESIGNATE FISCAL YEAR (FY) 2023-2024 STREET REHABILITATION PROJECTS PURSUANT TO SENATE BILL 1 (SB1) THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-41, which will:
Adopt a list of projects for Fiscal Year 2023-24 funded by Senate Bill 1 (SB1):
The Road Repair and Accountability Act of 2017.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
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L. RECORDS DESTRUCTION
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-42, which will:
Authorize the destruction of certain City records as outlined in Attachment 2 of the Administrative Report dated June 6, 2023, and on file with the City Clerk.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
M. NOTICE OF COMPLETION - SIDEWALK IMPROVEMENTS FOR AVENIDA
CABRILLO (CDBG)
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-43, which will:
1. Accept the Sidewalk Improvements for Avenida Cabrillo (CDBG), Project No. 10317 from the contractor, LC Paving and Sealing, Inc.
2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for Sidewalk Improvements for Avenida Cabrillo (CDBG).
3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, LC Paving and Sealing, Inc.
4. Authorize the City Clerk to release the Performance Bond upon receipt of Warranty Bond in the amount of 25% of the construction cost.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
G. NOTICE OF COMPLETION - THE T-STREET PEDESTRIAN OVERPASS
CONCRETE REHABILITATION AND CONTRACT AWARD - REMAINDER OF
THE REPAIR WORK FOR THE T-STREET PEDESTRIAN OVERPASS
CONCRETE REHABILITATION
Public Works Director/City Engineer Koger responded to Council inquiries.
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-35, which will:
1. Accept the completed portion of the work performed for the T-Street Pedestrian Overpass Concrete Rehabilitation, CIP Project No. 23804, from the contractor, Skyline Services, Inc.
2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed portion of the work performed for the T-Street Pedestrian Overpass Concrete Rehabilitation.
3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Skyline Services, Inc.
4. Authorize the City Manager to execute, Contract No. C23-26, by and between the City of San Clemente and Harbor Coating and Restoration, Inc., providing for the construction of the remainder of the work for the T-Street Overpass Concrete Rehabilitation, in the amount of $51,000, plus a 10% project contingency of $7,650.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
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I. RENEWED MEASURE M2 ANNUAL FUNDING ELIGIBILITY - FISCAL YEAR 2023-2024
Amanda Q narrated a PowerPoint presentation entitled "Measure M2 Funds". A hard copy of the presentation is on file with the City Clerk.
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to continue this item to the June 20, 2023 Regular City Council meeting.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
N. ADOPTION OF RESOLUTION NO. 23-30, APPROVING A LICENSE
AGREEMENT WITH ABOUND FOOD CARE FOR EMERGENCY MEAL
STORAGE
Mike Learakos, Abound Food Care, spoke on the emergency meal program and potential benefits to the City; notified Council of the deadline of July 1, 2023 for grant funds and responded to Council inquiries.
Nick Berkuta, San Clemente, spoke on the potential benefits of the Abound Food Care program for the City and its residents.
Amanda Q commented on the stability of the food storage site; expressed concerns regarding the shelf life of the meals.
Motion by Councilmember Enmeier, second by Councilmember Loeffler, CARRIED 4-1 (Councilmember Cabral voting noe), to:
Adopt Resolution 23-30, which will:
1. Authorize the City Manager to execute, Contract No. 23-22, 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.
2. Modify section E of the License Agreement to read as follows:
Licensee will be solely responsible for managing and distributing the meals pursuant to its own policies and procedures, which are subject to City's approval, and City will have no liability, or role in managing or maintaining the Storage Container or Program; and
3. Modify section 3.1.1 of the License Agreement to read as follows:
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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 liability, or role in managing or maintaining the Storage Container or Program.
Notwithstanding the foregoing, Licensee shall consult with City regarding its policies and procedures for managing and distributing the meals, which shall be subject to the City’s approval.
AYE: Enmeier, Knoblock, Loeffler and Mayor Duncan
NOE: Cabral
8. Public Hearings
A. ADOPTION OF THE FISCAL YEAR 2023-24 BUDGET
Public Hearing to consider adoption of the City of San Clemente's proposed budget for Fiscal Year 2023-24.
Mayor Duncan opened the Public Hearing.
Financial Services Officer Rahn narrated a PowerPoint presentation entitled “City of San Clemente Budget Public Hearing Fiscal Year 2023-24”, and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.
Utilities Director Rebensdorf responded to Council inquiries.
City Manager Hall responded to Council inquiries.
Amanda Q narrated a PowerPoint presentation entitled “San Clemente Budget”.
A hard copy of the presentation is on file with the City Clerk.
Cord Bauer opined that the City needs additional deputies; referenced the number of deputies per 10,000 residents.
There being no others desiring to speak, Mayor Duncan closed the Public Hearing.
Following discussion, Mayor Duncan re-opened the Public Hearing.
Police Services Captain Christian responded to Council inquiries
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Concerned Resident questioned why Mayor Pro Tem Knoblock is adverse to temporary private security; opined that public speakers are not treated equally.
There being no others desiring to speak, Mayor Duncan closed the Public Hearing.
Motion by Councilmember Cabral, second by Councilmember Loeffler, to allocate $700,000 for private security from the general fund and prepare a contract for consideration at the June 20, 2023 City Council meeting for a one-year term.
Following discussion an amendment to the motion was made as follows:
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 4-1 (Mayor Duncan voting noe), to allocate $350,000 for private security from the general fund to prepare a contract for consideration at the June 20, 2023 City Council meeting for a six-month term.
AYE: Cabral, Enmeier, Knoblock and Loeffler
NOE: Mayor Duncan
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
Adopt Resolution No. 23-44, which will:
1. Approve the budget at the fund level for the City of San Clemente for the 2023-24 Fiscal Year and the commitment of fund balance.
2. Encompass the amendment made by the previous motion for private security.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
9. Unfinished Business
A. UPDATE ON THE PLAN TO MOVE TEMPORARY PICKLEBALL COURTS FROM SAN GORGONIO PARK TO RICHARD T. STEED MEMORIAL PARK
AND APPROVAL OF A CONSTRUCTION CONTRACT WITH KOMPAN, INC Public Works Director/City Engineer Koger and Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council inquiries.
Concerned Resident spoke in support of the contract award; opined that Council should require a completion date for the contract.
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Susan Ambrose spoke in support of the project; opined the contract should have a completion date.
Amanda Q spoke in support of a completion clause in the contract as well as pickleball courts closure at San Gorgonio Park upon completion of temporary pickleball courts at Richard T. Steed Memorial Park.
Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, to:
Adopt Resolution No. 23-47, which will:
1. Affirm City Council’s intention to move the temporary pickleball court facility at San Gorgonio Park as quickly as possible to Richard T. Steed Memorial Park.
2. Award a construction contract to build eight temporary pickleball courts at Steed Park to Kompan, Inc., for an amount not to exceed $1,215,817.04, plus a 10% contingency.
3. Authorize and direct the City Manager to execute such a contract in a form approved by the City Attorney.
4. Authorize and direct staff to close the pickleball courts at San Gorgonio Park as soon as construction of the temporary facility at Steed Park is completed or November 7, 2023, whichever occurs first.
Substitute motion by Mayor Duncan, second by Councilmember Enmeier, FAILED 2-3 (Councilmember Cabral, Councilmember Loeffler and Mayor Pro Tem Knoblock voting noe), to:
Adopt Resolution No. 23-47, which will:
1. Affirm City Council’s intention to move the temporary pickleball court facility at San Gorgonio Park as quickly as possible to Richard T. Steed Memorial Park.
2. Award a construction contract to build eight temporary pickleball courts at Steed Park to Kompan, Inc., for an amount not to exceed $1,215,817.04, plus a 10% contingency.
3. Authorize and direct the City Manager to execute such a contract in a form approved by the City Attorney.
4. Authorize and direct staff to close the pickleball courts at San Gorgonio Park as soon as construction of the temporary facility at Steed Park is completed.
AYE: Enmeier and Mayor Duncan
NOE: Cabral, Knoblock and Loeffler
The original motion on the floor by Councilmember Cabral, second by Mayor Pro
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Tem Knoblock, CARRIED 4-1 (Mayor Duncan voting noe), to:
Adopt Resolution No. 23-47, which will:
1. Affirm City Council’s intention to move the temporary pickleball court facility at San Gorgonio Park as quickly as possible to Richard T. Steed Memorial Park.
2. Award a construction contract to build eight temporary pickleball courts at Steed Park to Kompan, Inc., for an amount not to exceed $1,215,817.04, plus a 10% contingency.
3. Authorize and direct the City Manager to execute such a contract in a form approved by the City Attorney.
4. Authorize and direct staff to close the pickleball courts at San Gorgonio Park as soon as construction of the temporary facility at Steed Park is completed or November 7, 2023, whichever occurs first.
AYE: Cabral, Enmeier, Knoblock and Loeffler
NOE: Mayor Duncan
Meeting Recessed
Meeting recessed at 9:46 p.m., and reconvened at 9:54 p.m. with all Councilmembers present.
10. New Business
A. APPROVAL OF THE LOCAL ROADWAY SAFETY PLAN (LRSP)
Mayor Duncan opened the Public Hearing.
Assistant City Engineer Ponsen and City Traffic Engineer Kim reviewed the contents of the Administrative Report and responded to Council inquires.
There being no one desiring to speak, Mayor Duncan closed the Public Hearing.
Motion by Councilmember Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:
Adopt Resolution No. 23-45, which will:
1. Determine that the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15306 (Class 6, Information Collection) and Section 15301 (Class1, Existing Facilitites), of the Sate CEQA Guidelines.
2. Approve the Local Roadway Safety Plan (LRSP).
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3. Approve the LRSP for adoption as a tool to be used to address local roadway safety issues and needs, and future grant funding opportunities.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
B. TRAFFIC CALMING ON AVENIDA PRESIDIO BETWEEN CALLE CORTEZ
AND NORTH LA ESPERANZA, 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
Assistant City Engineer Ponsen and Traffic Engineer Kim reviewed the contents of the Administrative Report and responded to Council inquires.
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to:
Adopt Resolution No. 23-46, which will:
1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
2. Approve installation of electronic speed feedback signs, red curb installation and removal, and edge lines as illustrated in Attachment 4 of the Administrative Report dated June 6, 2023 and on file with the City Clerk.
3. Appropriate the required funds from the Traffic Calming Project, CIP No. 39807.
4. Request Police Services to consider increasing speed enforcement near the apartment complex at 105 Avenida Presidio.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
C. TEMPORARY MODIFICATION OF BEACH HOURS IN ACCORDANCE WITH SECTION 12.32.140 OF THE SAN CLEMENTE MUNICIPAL CODE AND
CONSIDERATION OF URGENCY ORDINANCE RELATED TO SAME
This item was considered before the Consent Calendar, please reference page 4 of these minutes for a summary of action.
Mayor Duncan opened the Public Hearing.
City Manager Hall reviewed the contents of the Administrative Report and responded to Council inquiries.
Joe Janis, San Clemente, spoke in support of the proposed 10:00 p.m. beach
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closure.
Lois McNicoll spoke in support of the proposed 10:00 p.m. beach closure; opined on the need for private security to enforce the closure time.
Bernice Rivera-Giles, San Clemente, opined that the current closure time of 12:00 a.m. encourages illegal activity; opined on the need for enforcement.
Darren Rude commented on the illegal activity at T-Street; spoke in support of the proposed beach closure time of 10:00 p.m.
Tom Garrett, San Clemente, spoke in support of the proposed 10:00 p.m. beach closure
Rick Price, San Clemente, spoke in support of the proposed 10:00 p.m. beach closure; opined that the City should try private security.
There being no others desiring to speak, Mayor Duncan closed the Public Hearing.
Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
1. Support the action of the City Manager to modify the hours of closure from 12:00 a.m. until 4:00 a.m. to 10:00 p.m. until 4:00 a.m. on City Beaches.
2. Adopt Urgency Ordinance No. 1751 entitled AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, DECLARING A PUBLIC NUISANCE; AMENDING SECTION 12.32.140 OF THE SAN
CLEMENTE MUNICIPAL CODE TO CLOSE THE PUBLIC BEACHES AT 10:00 PM FOR PUBLIC HEALTH, SAFETY AND WELFARE; AND FINDING THE
ORDINANCE 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.
3. Introduce Ordinance No. 1752 entitled AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SAN CLEMENTE, DECLARING A PUBLIC NUISANCE; AMENDING SECTION 12.32.140 OF THE SAN CLEMENTE MUNICIPAL CODE TO CLOSE THE PUBLIC BEACHES AT 10:00 PM FOR PUBLIC HEALTH, SAFETY AND WELFARE; AND FINDING THE ORDINANCE
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.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
18 City Council Regular Meeting Minutes June 6, 2023
11. Oral Communications (Part 2)
Aaron Washington commented on the allocation of funding for public safety; spoke on the state curfew for individuals under 18 years old.
12. Future Agenda Items
Agenda Template
Councilmember Enmeier, with the support of Councilmember Cabral and Councilmember Loeffler, agendized consideration of utilizing Oral Communications Part 2 as an as-needed section if Oral Communications Part 1 is longer than the allotted 30 minutes; requested clarification of the Staff Communication portions of the agenda template.
Park Ranger Program
Councilmember Loeffler, with the support of Mayor Pro Tem Knoblock and Mayor Duncan, agendized consideration of the Public Safety Committee evaluating and making recommendations on the Park Ranger Program.
Amphitheater Citizens Committee
Council agendized discussion of the Amphitheater Citizens Committee for the June 20, 2023 Regular City Council meeting, which is to be included in the previously agendized discussion of City Commissions and Committees.
13. Reports
A. Commissions and Committees
Coastal Animal Services Authority
Councilmember Enmeier reported on the 5-year capitol improvement program; announced a summer program where kids and adults can read to shelter dogs.
B. Council Subcommittee Updates
Homeless Subcommittee
Councilmember Enmeier requested that the City Manager organize a meeting with the City of Dana Point and City of San Juan Capistrano and have two councilmembers from each city along with the City Managers discuss a regional approach to homelessness in south Orange County.
Tiny Home Tour
Councilmember Enmeier requested that Council tour the tiny home community in Chula Vista to potentially address homelessness.
19 City Council Regular Meeting Minutes June 6, 2023
C. Council Members
Leasing or Renting Shelter Beds for San Clemente Homeless Councilmember Loeffler requested that the Homeless Subcommittee evaluate the feasibility of the City leasing or renting shelter beds for the homeless in San Clemente.
(1) UPDATE TO COUNCIL APPOINTEES TO REGIONAL COMMITTEES,
COMMISSIONS AND BOARDS AND CITY COUNCIL SUBCOMMITTEES
Please reference below for Council appointments to Regional Committees, Commissions and Boards and City Council Subcommittees.
20 2023, COUNCIL APPOINTED REPRESENTATIVES
TO COMMITTEES, COMMISSIONS A ND BOARDS
Commrtf-.!Conn s&.1ontaoart:1 Loc:at1Dn IIJIIBSti:liQ ...,ir-entatiw(fll Col'np8"1f!allt1,on Date{s l
Capistrano U.nilied Sdiool Oi&toct Oun::an and Enmeier No Uais<:lnCon111111!!1 e
coastal Animal SerwcesAutihori'ly Animal 3 "'Mooday, Enme r A. oo l':!ile {Alt.) No (CASA} Shelter 5:30p.m_
San
Clemente
Bi-mCrilllify
I comnu.nity5ngagement Pa i'i!!II Varl!es Ouarte.rfy Cab raUE.nmeier {A.It_) No {dates~ C o.nsenrancy {ElectedtApp:itnt!!ld KnotilOdUOuncan {AJL) NO R.!!IJ)f8!lentalve to i"riands o1 u-ie
IR.e!S<}l'\tl!I Conmissori) The City's "AtL.arg9"
po<Sition i& vacant_
The Ta le,ga HOA
~resentativ8 is.
La urie Ooocti {tenn
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Talaga Rell'.Jfesenta!M!I
posibons ndl be
filled ul'tlil CM ~01:Jlod!.
reports to Council 11'1
regard 10 lil'le F 1'9nds'
lnac:ti.il.__
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m,bon-cuWng
cem.=ni·o.s..
OGwntown Bus.neg; Assodabon - Assel. Ou.n::an!Erm!!ier {All). No EcOOOll., O!!velO-nt
Erne rgeney Qp,erational Ama Co uncil Mayor and Mayor P1ro No, I OraMe Cou ntvl To!ln1
Rre AJUionty {Orange Coonty) OCFA 'l" , nur=ay uu,ncan Yes {S-1 Oo pe.r Board roan. 1 of every m91!!1'1ing W!lili
F ire A u11'1ority 01tie rm oo1t1 ma:.im tm ol $JOO
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H iStorc Preservalion Ad Hoc liBD TISO BmeierlLoottter {Pllt) No Commitm
Insurance ftu1il'la 111.y {Cailorm Jant La Pam a 4'• ~'l:iOcl< Yes, $100per ~wel"S :nsur:anOI!! AIJ'lihonty} Wedrresday, year_
4 :30 o.m.
1.n ves lmal'IIAdV1:say Conwmtoo Owa,n v- Clu artel'l)I, Cabral Cont Room 5:00pm "'° .
LastMooday
of 1ihe mon!l'I
LegiSI.MiW D~ate Program - Mayo,rand MaycrPm No
R.;m.re:sentative to Senate ~ 1.l'ld. 36 Tern
City Council Regular Meeting Minutes June 6, 2023
21 Le!iJi5.la~ve Oelegale Prcgram - Mayor arKI Ma:;or Pm No ~epres.entetive lo 74~ Aseel'Jlbly Tem
District
Ubrar; Tas:k Forc:e (Ora ge Coonly) Tustin Lihrnry Quarterly, t1111 l.oeffie, No iirsdsav, 4: 0o .
Mayors (South Orange Cctinfy Rotating1 2'1i Mayor No
Association of Ma10 re) Cilles Th .rsday,
7:30 a.rn. U.S. M.arirle Corps LlalWn 1..,aor.a1 NO
MWOOC lnteracilon or Elected KnablQckl'Cl Clll"l Mo
Offi,:;i.ra O\ltl
Nine Sot.rt~ Coll.Inly WS:.er A-ge,ncres Moollon "lo re~ular KriobklcldCI can No (Thi51 i~ ttie name of a group !hat Nrgu:el Wa er mee~ngs. (Alt.) consistcS of nirae S.ou1h0rang~ County Dis!oot Office but u!ii~lly weter age cies}. held at noon
en
Wedn.esda)1S
(such as Iha
fouit:h
Wedne:sda~ I Ol'tlie
monlh).
SCAG Gfineral Assembly Annual Knoblor!.!Cabral No
Meeting in
Mey
Social S rvtC:8./Ccmmunjty Ser11ioe Enrn No
Bud!18t Commi ee
Sooth Orange Co1,1my Wiit~hed Kn.ob!ock/Rebensdorf No
M<!inagem1nt Arna Execullve {Al, }
Committee
Vector Clis!rict ~ Krwbkick {!arm ex~i:re!i Yes ($100 per (Orange-Cc nty MQ~q~g 1mci VectGf Olflc'ft. Thurad'ay I Jan [1} 202 ) mont ) Conlrol Board) Gardi!!n J;OOp.m. Grova 1/lJall ,of R8Coon.tlon Duri~n No
Subcommittee List
Name Date Active Council Member Appointed Staff Recommendation / Notes None; members are Planning
Design Review Subcommittee 10-16-2007 YES Commissioners per SCMC 2.32.020.E No action Each Councilmember to appoint one
Amphit heater Citizens Committee August 2022 YES member Reconsider at June 20, 2023 meeting Reconsider continuing with subcommittee
Homeless Subcommittee January 2023 YES Loeffler and Enmeier in June 2024 City Council Regular Meeting Minutes June 6, 2023
(2) VACANCY ON THE PUBLIC SAFETY COMMITTEE DUE TO THE
APPOINTMENT OF RICK LOEFFLER TO CITY COUNCIL
Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 5-0, to:
1. Direct staff to advertise for the vacancy on the Public Safety Committee and solicit applications for a technical professional with a public safety background to fill the position.
2. Schedule a meeting on July 18, 2023 at 4:00 p.m. to interview applicants and appoint a member to the Public Safety Committee.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
D. City Attorney
None.
E. City Manager
Announcement of Contracts Approved and Executed by the City Manager City Manager Hall reported that the following professional services contract was executed under his authority: Duncan Engineering providing for structural engineering consulting services for the lifeguard towers replacement in the amount of $24,050.
14. Adjournment
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 5-0, to adjourn at 10:34 p.m. The next Regular Meeting will be held on June 20, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
_______________________________
MAYOR of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California
22 These minutes will be considered for approval at the Planning Commission meeting of 06-07-2023.
MINUTES OF THE REGULAR MEETING
OF THE CITY OF SAN CLEMENTE
PLANNING COMMISSION
May 17, 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.
2. PLEDGE OF ALLEGIANCE
Commissioner Crandell led the Pledge of Allegiance.
3. ROLL CALL
Commissioners Present: Barton Crandell, Karen Prescott-Loeffler; Chair pro tem M. Steven Camp, Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: Brent Davis, Gary P. McCaughan, M.D.
Staff Present: Adam Atamian, Deputy Community Development Director Zachary Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil/Traffic Engineer
Gena Burns, Deputy City Attorney
4. SPECIAL ORDERS OF BUSINESS
None.
5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of May 3, 2023.
IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER AND CARRIED 3-0-2, WITH
COMMISSIONER CRANDELL AND CHAIR PRO TEM CAMP ABSTAINING, (COMMISSIONER DAVIS AND COMMISSIONER MCCAUGHAN BEING
ABSENT) TO RECEIVE AND FILE THE MINUTES FROM THE MAY 3, 2023, PLANNING COMMISSION REGULAR MEETING AS SUBMITTED.
1 Agenda Item: 7B(1)
Minutes of Regular Planning Commission Meeting of May 17, 2023 Page 2 It was noted for the record that the Minutes were previously amended to correct 1) error on motion seconder, and 2) staff title.
6. ORAL AND WRITTEN COMMUNICATION
George Gregory, resident, requested an update on the Miramar Theater renovation project and information concerning its visitor parking exclusion; requested clarification on regulations concerning condominium conversions and requirements for the sale of individual units of affordable housing; requested additional help on a project he is working to develop.
Adam Atamian, Deputy Community Development Director, stated he would contact Mr.
Gregory to address his concerns.
7. CONSENT CALENDAR
None.
8. PUBLIC HEARING
None.
9. NEW BUSINESS
A. Local Roadway Safety Program (LRSP)
The LRSP helps identify high collision areas, assign a systemic process for future improvements for near-, mid-, and long- term, and defines potential projects for future Highway Safety Improvement Program (HSIP) funding consideration.
Future modifications to street areas will be done based on a wide range of factors, additional studies, and engineering analyses.
A request for the Planning Commission to recommend that City Council determine that the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15306 under Class 6 (Information Collection), (14 CCR section 15306) of the State CEQA Guidelines and to forward the LRSP to the City Council to approve for adoption as a tool to be used to address local roadway safety issues and needs.
Zachary Ponsen, Assistant City Engineer, and Ryan Kim, Senior Civic/Traffic Engineer, narrated a PowerPoint Presentation entitled, “Local Roadway Safety Program (LSRP) 2023.” A copy of the presentation is on file in Planning Division.
During the ensuing discussion, the Commission established from staff that the LSRP, when/if adopted by City Council, is a tool for the City to use to further 2 Minutes of Regular Planning Commission Meeting of May 17, 2023 Page 3 understand road conditions and develop potential solutions. In addition, the program will be utilized by the City as an additional resource to use in its pursuit of grants, and establishes standards used by grant administrators for comparison purposes. The Program is not intended to be used as a standalone resource for guiding projects, but as another tool in the toolbox to help the City in its goal to identify, prioritize, fund and implement improvements in congested/problematic areas. A complete update on the Program is expected every five years; quarterly checkups are also recommended. It was also suggested by Commissioner Cosgrove that staff emphasize to City Council when presenting this project for consideration the potential benefits the program and grants could have on the City’s Avenida Del Mar/T-Zone area. This area has not reached its full potential as stated in the City’s General Plan, and has been a source of longstanding congestion, parking and traffic safety concerns over the years.
Chair McKhann invited the public to provide comment. Seeing none, he invited the Commission to proceed with final remarks/action on the matter.
IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER 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 15306 (Class 6, Information Collection); and
2) Forward the LRSP to the City Council for adoption as a tool to be used to address local roadway safety issues and needs.
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
B. Traffic Calming Measures on Avenida Presidio between Calle Cortez and N. La Esperanza
Staff has determined that Avenida Presidio between Calle Cortez and N. La Esperanza is eligible for traffic calming measures.
A request for the Planning Commission to recommend that City Council determine the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Sections 15306 (Class 6, Information Collection) and 15301.k (Class 1, Existing Facilities) of the State CEQA Guidelines and forward a recommendation of approval to the City Council for proposed traffic calming measures.
Zachary Ponsen, Assistant City Engineer, and Ryan Kim, Senior Civic/Traffic Engineer, narrated a PowerPoint Presentation entitled, “The Presidio Traffic Calming 2023.” A copy of the presentation is on file in Planning Division. 3 Minutes of Regular Planning Commission Meeting of May 17, 2023 Page 4 Chair McKhann acknowledged two written communications already received and invited comments from the public.
Pamela Goodman, resident, described the dangerous traffic conditions on this portion of Avenida Presidio; requested signs and posts in the road for pedestrians and those traveling to/from the facility.
Debra Marsing, resident, supported the traffic calming measures recommended by staff.
Seeing no more members of the public wishing to provide testimony, Chair McKhann invited the Commission to provide final remarks/action on the project.
IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY
COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED TO:
1) Recommend to the City Council to determine that the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15306 (Class 6, Information Collection) and 15301.k (Class 1, Existing Facilities) of the State CEQA Guidelines; and 2) Forward a recommendation of approval to the City Council for the proposed traffic calming measures as follows:
a) Install an electronic speed feedback sigh, red curb, and edge lines.
b) Appropriate the required funds from the traffic calming budget. c) Request Police Services to consider increasing the speed enforcement near the apartment complex at 105 Avenida Presidio. [ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
C. Training on Due Process
Gena Burns, Deputy City Attorney, distributed a handout and reviewed the information therein. The presentation focused on procedural due process and how it relates to the Commission and individual Commissioners’ actions and statements on the decision-making process. She briefly reviewed applicant notification of evidence, ex-parte contacts/communications, applicants’ rights at a hearing, Commissioner recusals, and disclosures. She encouraged the Commissioners to contact her with any questions, comments, or concerns they may have, as well as suggested subjects. She will continue to provide brief training sessions for the Commission’s benefit.
4 Minutes of Regular Planning Commission Meeting of May 17, 2023 Page 5
10. OLD BUSINESS
None
11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Staff Waivers
Reports received and filed.
Chair McKhann announced he will likely not be available for the June 7, 2023, Regular Meeting.
Chair pro tem Camp announced he is not available to attend the May 24, 2023, Design Review Subcommittee meeting.
12. ADJOURNMENT
THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS MOVED
BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY COMMISSIONER CRANDELL, AND UNANIMOUSLY CARRIED TO ADJOURN THE MEETING AT 7:17 P.M. TO THE NEXT REGULAR PLANNING COMMISSION MEETINGS TO BE HELD IN-PERSON ON JUNE 7, 2023, AT 6:00 P.M. AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CA, 92673, AND AVAILABLE TO THE PUBLIC VIA LIVE STREAM FROM THE CITY’S YOUTUBE CHANNEL.
Respectfully submitted,
Scott McKhann, Chairman
Attest:
Adam Atamian, Deputy Community Development Director
5 These minutes will be approved by the Zoning Administrator on June 22, 2023
CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING
OF THE ZONING ADMINISTRATOR
MAY 18, 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 May 18, 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
David Carrillo, Assistant Planner
Tamara Tatich, Office Specialist
2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of April 20, 2023.
3. ORAL AND WRITTEN COMMUNICATION
None
4. PUBLIC HEARING
A. Minor Architectural Permit 22-424 / Minor Exception Permit 22-423, Ely-Bonadonna Residence, 113 W. Mariposa
A request for a second story addition of 735 square feet, along with a proposed rooftop deck and two balconies, at an existing legal nonconforming single-family residence located at 113 West Mariposa.
Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1e:
Existing Facilities). This exemption covers additions to existing structures, which do not result in an increase over 2,500 square feet or 1 Agenda Item: 7B(2)
Minutes of the Zoning Administrator Regular Meeting May 18, 2023 Page 2 greater than 10,000 square feet provided public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive.
Senior Planner Chris Johnson introduced Rob Williams, applicant and architect, and the property owners, Robert Ely and Mary Jean Bonadonna followed by a PowerPoint presentation of the project Having no questions for staff, ZA Gallardo-Daly asked the applicants if they had anything to add to staff’s presentation, and Mr. Ely stated that they spoke with neighbors and made changes to the stairway from the second story to the roofdeck to mitigate any privacy issues. Staff noted that the prior straircase was a spiral design and following Design Reviuew Subcommittee review it was recommended it be changed to an enclosed staircase. This modification is relected on the current plans. To his knowledge, there were no other comments from neighboring properties.
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 stated that the findings for a Minor Architectural Permit can be made in that the architectural treatments of the project complies with the San Clemente General Plan Policies to encourage single-family houses be designed to convey a high level of architectural quality such as standing seam bronze steel metal finish roof, dark frame windows, glass inserts for roof deck and cream color paint over smooth stucco.
The architectural treatment of the project complies with any applicable specific plan in height, setback and color. The proposed project complies with development standards of the RM zone. The architectural treatment of the project complies with the architectural guidelines in the City’s Design Guidelines. The stepped back second story addition and roof decks help to break-up the proposed alterations to the structure into smaller components. The proposed design with the second-story addition, roof deck and street-facing balcony, colors and materials are consistent with the character of the neighborhood. The proposal is not detrimental to the orderly and harmonious development of the City in that the proposed exterior modifications are intended to update the design and improve the architectural quality of the residence with minor changes to the existing footprint.
ZA Gallardo-Daly stated that the findings for a Minor Exception Permit can be made in that the requested minor exception will not interfere with the purpose of the zone or the standards of the zone in which the property is located. The project maintains the residential use of the 2 Minutes of the Zoning Administrator Regular Meeting May 18, 2023 Page 3 property. Except for the existing nonconforming side yard setback, the project meets development standards of the zone. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the Minor Exception Permit. The project proposes design materials that are high quality and improve the appearance of the property and neighborhood. The approval or conditional approval of the Minor Exception Permit will not be detrimental to the health, safety or welfare of the general public. The style, materials, color, and finish of the improvements are consistent with the style of the existing residence on the site. The proposed improvements are located entirely on private property. The proposed addition, roof deck and additional decks are 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 the California Environmental Quality Act (CEQA) Under Section 15301 of the CEQA Guidelines (14 CCR § 15301, Class 1: Existing Facilities).
Action: The Zoning Administrator adopted Resolution ZA23-009, Minor Architectural Permit (MAP) 22-424 and Minor Exception Permit (MEP) 22-423, Ely/Bonadonna Residence, 113 West Mariposa – subject to the Conditions of Approval.
B. Minor Cultural Heritage Permit 22-364, Ragsdale Addition and Deck Expansion, 256 Avenida Lobeiro
A request to add living space on the second floor and expand an existing second floor deck of a multi-family building which abuts a historic resource. The proposed addition and deck expansion are on the front elevation, visible from the historic resource across the street.
Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1e:
Existing Facilities). This exemption covers additions to existing structures, which do not result in an increase over 2,500 square feet or greater than 10,000 square feet provided public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive.
Associate Planner David Carrillo summarized his staff report and introduced Benjamin Norouzi, the applicant and architect. 3 Minutes of the Zoning Administrator Regular Meeting May 18, 2023 Page 4 ZA Gallardo-Daly asked staff if the encroachment into the step back adversely affected the historical structure across the street, which staff responded that there were no affects in their analysis.
Having no further questions, ZA Gallardo-Daly opened the public hearing.
Neighboring resident Ken Salter stated that he and his wife had reviewed the plans and had a concern. Mr. Salter addressed ZA Gallardo-Daly asking if the intention of the addition was to add an additional third bedroom in unit 4. ZA Gallardo-Daly cited that the plans in the report indicated “Bedroom 3,” and asked the architect if this was intended to be a bedroom or was it an error. Mr. Norouzi confirmed that the space cited is “Bedroom 2,” and that the intention is that the residence remain only two bedrooms. ZA Gallardo-Daly requested that staff modify the Conditions to reflect that there are to be only two bedrooms due to the potential of more required parking an additional room would create; and that modified plans be submitted that reflect the correct labeling of Bedroom 2 where it currently states Bedroom 3.
There being no further public comments, ZA Gallardo-Daly closed the public hearing.
ZA Gallardo-Daly stated that the findings for a Minor Cultural Heritage Permit can be made in that the proposed addition would not adversely affect the Coastal Land Use Plan. The architectural treatment of the project complies with Title 17 in areas including, but not limited to, height, setback and color. The architectural treatment of the project complies with the architectural guidelines in the City’s Design Guidelines. The general appearance of the proposal is in keeping with the character of the neighborhood and it is not detrimental to the orderly and harmonious development of the City. The existing color palette will remain,and the living space addition on the third floor and deck maintains the step back features of the existing structure.
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 California Environmental Quality Act under Section 15301 of the CEQA Guidelines (14 CCR § 15301, Class 1e: Existing Facilities: Additions to existing structures) Action: The Zoning Administrator adopted Resolution ZA23-008, Minor Cultural Heritage Permit – Ragsdale Addition and Deck Expansion, 256 Avenida Lobeiro - subject to the modified Conditions of Approval that the addition in Unit 4 is limited to two bedrooms, and if a third bedroom is proposed in the future, the property is subject to the Zoning Code with regards to parking requirements:
4 Minutes of the Zoning Administrator Regular Meeting May 18, 2023 Page 5 C. Special Activities Permit 23-127, PPA Select Medical Orange County Cup 2023, 111 Avenida Vista Montana
A request for a 4-day special activity permit for a pickleball tournament hosted June 8-11, 2023 on private property at the Lifetime Fitness facilities at 111 Avenida Vista Montana, operating from 7am to 8pm daily and hosting up to 1,000 daily guests.
Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15304 (Class 4e:
Minor Alterations to Land: Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.). The project is exempt because the existing property is designed to accommodate outdoor recreation activity, and the proposed event involves only minor temporary alterations to the property to accommodate the event.
Associate Planner David Carrillo summarized his staff report and introduced Devin Samtani, a representative on behalf of Lifetime Fitness.
Having no questions for staff, ZA Gallardo-Daly asked the applicants for more details on their traffic control and the parking plan, which Mr.
Samtani stated that employees and members would utilize the onsite parking, while ticket holders and competitors would be directed through the tour registration process and all other follow-up messaging to park in the San Clemente High School. ZA Gallardo-Daly confirmed that San Clemente High School is not “overflow” parking, but rather the main parking. Mr. Samtani also stated that the directional signs would be installed well before the events starts routing cars to San Clemente High School and rather than up Calle Del Cerro.
ZA Gallardo-Daly asked for more details regarding the D.J., and the applicant assured that the music is not meant as a festival or concert for dancing in between matches, but rather ancillary, background music.
ZA Gallardo-Daly inquired about designated handicapped parking, and Mr. Samtani stated that they accommodated several disabled spectators last year, and that handipcapped attendees would be permitted to park in one of the many onsite handicapped spaces in the Lifetime Fitness parking lot.
Having no further questions, ZA Gallardo-Daly opened the public hearing. There being no public comments, ZA Gallardo-Daly closed the public hearing.
5 Minutes of the Zoning Administrator Regular Meeting May 18, 2023 Page 6 ZA Gallardo-Daly stated that the findings for a Special Activities Permit can be made, in that the proposed use is permitted within the subject zone pursuant to the approval of a Special Activities Permit and complies with all the applicable provisions of the San Clemente Municipal Code, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed. The site is suitable for the type and intensity of a limited day tournament that can be accommodated onsite in that the existing facility is designed for recreation activities. Parking will be located at San Clemente High School. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity. Special events are limited to 15 days during a calendar year per the City’s municipal code, whereas this is the first special event proposed at the property in 2023. The proposed use will not negatively impact surrounding land uses, in that the tournament hours will be less than what is permitted by the existing entitlements for outdoor recreation activities.
Based on the information in the staff report and subject to the required Findings and Conditions of Approval, ZA Gallardo-Daly determined the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15304 (Class 4e: Minor Alterations to Land: Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.);
Action: The Zoning Administrator adopted Resolution ZA 23-007, approving Special Activities Permit 23-127 - PPA Tour Select Medical OC Cup at Lifetime Fitness, 111 Avenida Vista Montana - subject to the Conditions of Approval.
5. NEW BUSINESS
None
6. OLD BUSINESS
None
6 Minutes of the Zoning Administrator Regular Meeting May 18, 2023 Page 7
7. ADJOURNMENT
The meeting adjourned at 3:12 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, June 22, 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
7 These minutes will be considered for approval at the Planning Commission meeting of 06-21-2023.
MINUTES OF THE REGULAR MEETING
OF THE CITY OF SAN CLEMENTE
PLANNING COMMISSION
June 7, 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.
2. PLEDGE OF ALLEGIANCE
Chair pro tem Camp led the Pledge of Allegiance.
3. ROLL CALL
Commissioners Present: Barton Crandell, Brent Davis, Gary P. McCaughan, M.D., Karen Prescott-Loeffler; Chair pro tem M. Steven Camp, Vice Chair Cameron Cosgrove, Chair Scott McKhann
Commissioners Absent: None
Staff Present: Adam Atamian, Deputy Community Development Director Jonathan Lightfoot, Economic Development Officer
Laura Coury, Assistant Planner
Christopher Wright, Associate Planner II
Ryan Kim, Senior Civil/Traffic Engineer
Gena Burns, Deputy City Attorney
4. SPECIAL ORDERS OF BUSINESS
None
5. MINUTES
A. Minutes from the Regular Planning Commission Meeting of May 17, 2023.
IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY CHAIR PRO TEM CAMP, AND CARRIED 5-0-2, WITH COMMISSIONER DAVIS
AND COMMISSIONER MCCAUGHAN ABSTAINING, TO RECEIVE AND FILE 1 Agenda Item: 7B(3)
Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 2 THE MINUTES FROM THE MAY 17, 2023, PLANNING COMMISSION REGULAR MEETING AS SUBMITTED.
6. ORAL AND WRITTEN COMMUNICATION
None
7. CONSENT CALENDAR
A. Parking Modification South El Camino Real - Avenida San Luis Rey Should the Planning Commission forward to City Council a recommendation to modify parking restrictions on South El Camino Real and Avenida San Luis Rey? The Commissioners pulled this item from the Consent Calendar to allow for public comment.
Ryan Kim, Senior Civil Engineer-Traffic, reviewed the proposed parking modifications through a PowerPoint presentation with location maps. He clarified the intent of the new signage and curb color changes is to clearly define permitted parking areas for both residents and visitors to the nearby business and park.
Chair McKhann invited the public to provide comment.
John Anderson, resident, stated the amount of parking available is inadequate for the traffic generated by the Primo Restaurant/Market; questioned why the restaurant use is allowed when it is not required to provide its own parking; commented on the heavy traffic, leading to dangerous conditions for pedestrians, bicyclists, and motorists during lunch/dinner hours; suggested additional traffic modifications, such as reduced speed limit, were warranted.
Chair McKhann read aloud emails from Mike Paquette, resident, and Stan and Sheri Schrofer, residents, in support of the proposed modifications to increase safety and clearly define parking/no parking areas for the benefit of residents living nearby.
Chair McKhann closed the public comment period.
Senior Civil Engineer - Kim and Deputy Director Atamian provided information on the project. The subject property is primarily a market, but provides prepared food to go similar to a deli counter at a grocery store. The property was developed as a commercial use with no off-street parking, so the replacement of a general commercial use is allowed to continue without providing parking. Potential additional modifications/actions were suggested, such as Code Enforcement review, increased traffic enforcement, and parking meter installations. 2 Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 3
IT WAS MOVED BY COMMISSIONER PRESCOTT-LOEFFLER, SECONDED BY COMMISSIONER CRANDELL AND UNANIMOUSLY CARRIED TO:
1) Recommend that City Council determine the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Sections 15306 (Class 6, Information Collection) and 15301.k (Class 1, Existing Facilities) of the State CEQA Guidelines; and
2. Forward a recommendation of approval to the City Council for the proposed parking modifications as follows:
a) Reduce the red curb to 50 feet on the east side of South El Camino Real south of Avenida San Luis Rey.
b) Install a 60-foot green curb with a 20-minute parking limit from 9:00 a.m. to 7:00 p.m. daily south of the above red curb along South El Camino Real.
c) Reduce the parking duration from 24 minutes to 20 minutes between 9:00 a.m. and 7:00 p.m. daily on the south side of Avenida San Luis Rey next to Primo Foods.
d) Install an 80-foot green curb on the south side of Avenida San Luis Rey between the 6-foot red curb and the alley.
e) Install a 40-foot red curb at the northeast corner of Calle Del Comercio and Avenida San Luis Rey.
Modified as follows:
The Commission requested staff meet with Traffic Enforcement to discuss potential for additional modifications to increase safety and encourage compliance. [ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
8. PUBLIC HEARING
A. Conditional Use Permit 23-063, EOS Fitness, 93 Via Pico Plaza, Suite A A request to establish and operate an approximately 30,000 square foot fullservice fitness center (including locker room facilities and childcare) in an existing commercial space within the Pico Plaza shopping center. The site is zoned Community Commercial 2 (CC2) within the West Pico Corridor Specific Plan and Professional Business overlay.
Jonathan Lightfoot, Economic Development Officer, narrated a PowerPoint Presentation entitled, “EOS Fitness, 93 Via Pico Plaza, CUP 23-063,” dated June 7, 2023. A copy of the Presentation is on file in Planning Division.
Chair McKhann opened the Public Hearing.
3 Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 4 Mark Stoner, representing EOS Fitness, advised they are amenable to work with staff and look at the number of driveways in and out of the center to ensure traffic safety; noted the proposed childcare center may be eliminated depending on space constraints. The facility will be open 7-days a week, 24- hours a day. Traffic to the site is pretty steady all day, with peaks in a.m. and p.m. periods. The facility will be staffed with 1 or 2 staff members at all times.
The main purpose of the gym is for strength training, with no basketball courts or spin rooms included.
Bob Pohlman, representing Sevan Solutions on behalf of the applicant team, advised that traffic for a typical quick service restaurant (QSR) is 100 to 160 trips per hour; noted traffic for EOS Gym is typically 1200 trips over 24 hours, or 50 trips per hour.
Chair McKhann closed the Public Hearing.
Discussion ensued regarding potential traffic impacts to the four access points into the shopping center from Via Pico Plaza, which are located very close to one another. The primary expressed concern was in regards to customers leaving Inn-Out and turning left onto Via Pico Plaza, safely crossing two lanes of traffic.
Senior Civil/Traffic Engineer Ryan Kim noted that the City has not had to make any changes to the traffic signal timing at Avenida Pico and Via Pico Plaza since the opening of the In-n-Out restaurant. Potential solutions include traffic light timing modifications, driveway modification to one-way traffic only and/or solutions in the right of way that may be recommended within a trip generation / level of service study. Deputy Director Atamian noted that potential impacts to off-site traffic had been reviewed during the project’s DMT review and conditions of approval related to traffic submitted accordingly. The Commission elected to add a condition of approval to require that the applicant submit a trip generation / level of service study for the shopping center with focus specifically on the four entry/exit points to be reviewed and approved by the City Engineer prior to issuance of building permits.
FIRST MOTION:
IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY
COMMISSIONER PRESCOTT-LOEFFLER TO:
1) Determine the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities, 14 CCR § 15301); and
2) Adopt Resolution no. PC 23-009, entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 23-063, EOS FITNESS, A REQUEST 4 Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 5 TO ESTABLISH AND OPERATE AN APPROXIMATELY 30,000 SQUARE FOOT
FULL-SERVICE FITNESS CENTER (INCLUDING LOCKER ROOM FACILITIES AND CHILDCARE) IN EXISTING COMMERCIAL SPACE AT 93 VIA PICO PLAZA
WITHIN THE PICO PLAZA SHOPPING CENTER IN THE COMMUNITY
COMMERCIAL 2 ZONE (CC2) WITHIN HE WEST PICO CORRIDOR SPECIFIC
PLAN AND PROFESSIONAL BUSINESS OVERLAY, AND FINDING THE
PROJECT CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15301 (CLASS 1: EXISTING FACILITIES, 14 CCR § 15301)”
Amended as follows:
Staff to add the following condition of approval, required prior to issuance of the building permits:
COA 4.2: The applicant shall provide a traffic trip generation study accounting for the proposed fitness use and in consultation with the In and Out traffic analysis, to demonstrate that the resulting levels of service on Via Pico Plaza are maintained at an adequate level. If the City Engineer determines that the level of service is degraded, the applicant shall follow traffic consultant and City Engineer recommendations to improve traffic management on Via Pico Plaza.
SECOND MOTION:
IT WAS MOVED BY CHAIR MCKHANN, SECONDED BY COMMISSIONER MCCAUGHAN TO:
Determine the project is categorically exempt from CEQA and adopt Resolution no. PC 23-009 as stated in the staff report and copied above, without the amendment recommended in the first motion.
SECOND MOTION failed on a 2-5-0 vote, with Chair McKhann and Commissioner McCaughan in favor and Commissioner Prescott-Loeffler, Commissioner Davis, Commissioner Crandell, Chair pro tem Camp and Vice Chair Cosgrove opposed.
FIRST MOTION was approved on a 6-1-0 vote, with Commissioner McCaughan, Commissioner Prescott-Loeffler, Commissioner Davis, Commissioner Crandell, Chair pro tem Camp and Vice Chair Cosgrove in favor, and Chair McKhann opposed.
It was stated for the record that the Planning Commission’s action on this project may be appealed within ten days of its decision. [DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] 5 Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 6 B. Conditional Use Permit 22-398, Togethership Holistic Sports Academy, 1010 Calle Sombra
A request to establish and operate a private middle school for grades 6-8, with a maximum enrollment of 160 students. The school will have an emphasis on academic and athletic education with facilities including 6 classrooms, a basketball court, weight training room, student lounge, homework areas, outdoor area with tables, teacher lounge, work room, conference room, and administrative offices. The existing site is a two-story office/warehouse building, zoned Business Park (BP) within the Rancho San Clemente Specific Plan.
Laura Coury, Assistant Planner, narrated a PowerPoint Presentation entitled, “Togethership Holistic Sports Academy, CUP 22-398,” dated June 7, 2023. A copy of the Presentation is on file in Planning Division.
Chair McKhann opened the public hearing.
Devin Quinn, the applicant and business owner, described the Academy’s operation and goal to use sport to create good human beings. Although there are many kids attending the Academy from San Clemente and other parts of South Orange County, the school also draws many kids from outside of the immediate area as well. Because being a good neighbor is part of the Academy’s philosophy, they will do whatever is necessary to address any traffic/parking issues, and hold parents accountable to the parking/traffic/discipline direction provided. He announced that Doug Ely, Architect, was on hand to answer any questions they may have.
Jonathan Louie, Traffic Engineer for the project, displayed and reviewed the project site plan, pointing out parking zones, building floor plans and traffic patterns, as well as explaining strategies to address potential traffic issues such as staggering start times, train/car pool plans, and parking space direction to parents. He noted intersections will remain at acceptable “Level of Service” (LOS) levels and vegetation adjacent to the roads will be properly maintained to avoid line of sight issues.
Kerry Husbands, resident and head Basketball Coach, recounted the experience her two children experienced at the Academy; noted its function as a feeder into San Clemente High School’s sports programs.
Kirby Ellis, parent of child enrolled at the Academy, described his experience during pick up/drop off at the existing location in the City of Lake Forest. He praised the Academy for its excellent academics, sports, fitness training, and nutritional guidance.
6 Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 7 Randy Reynard, President of the Bernard Corporation located next door to the Academy site, endorsed the proposed use and cautioned about the potential danger of the nearby intersection if traffic circulation is not handled properly.
Chair McKhann closed the public hearing.
IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY
COMMISSIONER CRANDELL TO:
1) Determine the project is categorically exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15301 (Class 1: Existing Facilities); and
2) Adopt Resolution no. PC 23-010, entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 22-398,
TOGETHERSHIP HOLISTIC SPORTS ACADEMY TO ESTABLISH A NEW PRIVATE MIDDLE SCHOOL (GRADES 6-8) AT 1010 CALLE SOMBRA AND
FINDING THAT 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).”
It was stated for the record that the Planning Commission’s action on this project may be appealed within ten days of its decision. [DECISION FINAL. SUBJECT TO APPEAL OR CALL UP BY COUNCIL.] The Commission recessed for a ten-minute break and reconvened at 9:40 p.m.
C. 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:
1. Clarify planning permit review procedures to facilitate staff implementation and promote public understanding;
2. 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 preservation, and other planning issues. Therefore, the 7 Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 8 amendments maintain a focus on ensuring projects implement community goals and policies for quality of a life;
3. Update the staff-level approval process for minor architectural changes.
Currently, the Zoning Code has a “staff waiver” application that functions as a permit 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:
a. Replace criteria for review of administrative applications. Currently, there are required findings that would be replaced with objective general and project-specific standards (e.g., projects that won’t affect character-defining 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;
b. 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 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
c. 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.
4. Streamline the level of review required to approval several project types, while maintaining public minutes of decisions and appeal procedures, when experience has shown the projects 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 8 J.-:11,,~o
Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 9 decision to a staff level ministerial process with required approval of an Administrative Development Permit.
Staff recommends that the amendments not be considered a “project” as defined by the State CEQA Guidelines Sections 15378(b)(2) and 15378(b)(5), because the revisions relate to the ongoing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.). In the alternative, staff recommends that the amendments be found exempt from the California Environmental Quality Act (“CEQA”) under State CEQA Guidelines section 15061(b)(3) on the basis that there is no possibility that the activity in question may have a significant effect on the environment. The amendments clarify the application review process and streamline several procedures.
The proposed changes do not change land use designations or increase the type, density, or land use impacts of potential development.
Christopher Wright, Associate Planner II, narrated a PowerPoint Presentation entitled, “Zoning Permit Streamlining, ZA 22-366,” dated June 7, 2023. A copy of the Presentation is on file in Planning Division.
Chair McKhann opened the public hearing.
Deputy Director Atamian read aloud a letter from Larry Culbertson, President of the San Clemente Historical Society, opposed to the Amendment as it will be less protection for certain historic resources and the neighborhoods around them.
Chair McKhann closed the public hearing.
The Commission reviewed certain portions of the proposed Amendment, and suggested clarifications/modifications to be included for City Council consideration. Of particular note, the Commission discussed story pole direction under Section 3, 17.12.040 (Page D-7) and suggested staff revise the text to improve the information flow, including incorporating E.1. into E.
Supplemental Information; replacing “is required” with “may be required”, and renumbering the order of the listed items for clarification.
IT WAS MOVED BY VICE CHAIR COSGROVE, SECONDED BY
COMMISSIONER MCCAUGHAN TO:
1) Recommend City Council determine the amendments are not subject to CEQA because they do not constitute a “project” as defined by the State CEQA Guidelines; and
9 Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 10 2) Adopt Resolution no. PC 23-003, entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SAN CLEMENTE,
CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE
ZONING AMENDMENT 22-366 AMENDING CERTAIN SECTIONS AND
TABLES OF TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE; TO CLARIFY, STREAMLINE, AND CONSOLIDATE PERMIT
PROCEDURES, WHILE MAINTAINING ADEQUATE REVIEW OF
PROPOSALS THAT ARE REGULARLY WITHOUT SIGNIFICANT
IMPACTS AND PUBLIC CONCERNS; AND FINDING THIS ACTION DOES
NOT QUALIFY AS A PROJECT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), OR IN THE ALTERNATIVE, IS
CATEGORICALLY EXEMPT UNDER STATE CEQA GUIDELINES
SECTION 15061(B)(3).”
Recommended revision as follows:
1) Add mention of the Cultural Heritage Subcommittee (CHSC) in Section
17.12.060 after Design Review Subcommittee and add a footnote after
17.12.060(A) that mentions advisory subcommittee review may also be required as part of the process; and
2) Recommend City Council delegate to the Planning Commission appeal authority of Zoning Administrator decisions, and lower the appeal fee to $100 (one-hundred dollars).
3) In table 17.16.110, page D-58, Item C.2., add to the end of that sentence, “and meets zoning standards.”
4) Delegate to staff the request to reword the story pole section to reflect the Commission’s conversation.
[ACTION SUBJECT TO CITY COUNCIL APPROVAL.]
9. NEW BUSINESS
Commissioner Crandell announced that he, Commissioner McCaughan, and Vice Chair Cosgrove had been reappointed to the Commission and congratulated his fellow Commissioners for their service; suggested the Commission request City Council welcome a member of the Commission to be in attendance at City Council meetings where Planning Commission recommendations are discussed to answer questions, explain reasoning and represent the Commission for Council’s deliberations. Deputy Director Atamian agreed to research and report back. 10 J.-:11,,~o
Minutes of Regular Planning Commission Meeting of June 7, 2023 Page 11 10. OLD BUSINESS
None
11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
B. Staff Waivers
Deputy Director Atamian announced that the Commission’s next meeting with start at 5:00 p.m. with a Study Session on the Secretary of the Interior Standards; meeting in the near future to include selection of Commission officers and DRSC members; requested Commissioners reach out to staff with questions and input regarding policy in place in the event an extended absence from Commission meetings is necessary.
Reports received and filed.
12. ADJOURNMENT
THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS MOVED
BY CHAIR MCKHANN, SECONDED BY VICE CHAIR COSGROVE, AND
UNANIMOUSLY CARRIED TO ADJOURN THE MEETING AT 10:17 P.M. TO THE NEXT
REGULAR PLANNING COMMISSION MEETINGS TO BE HELD IN-PERSON ON JUNE 21, 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.
Respectfully submitted,
Scott McKhann, Chairman
Attest:
Adam Atamian, Deputy Community Development Director
11 1
Agenda Item: 7C(1)
CITY OF SAN CLEMENTE
CERTIFICATION OF WARRANTS
I HEREBY SUBMIT THE A TT ACHED
WARRANT REGISTER FOR AUDIT
AND APPROVAL BY THE CITY
COUNCIL, CITY OF SAN CLEMENTE
CITY MANAGER
ATTEST: __________ _
CITY CLERK
I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING
DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:
FINANCIAL ,SERVICES OFFICER
APPROVED AND ORDERED PAID AT
THE MEETING OF THE CITY COUNCIL
HELD ON
___________ _
IN THE AMOUNT OF$ ..:...;79=8=6::....:4c....:..4=5....:...4 ___ _ MAYOR
PAID BY WARRANTS SIGNED BY LEGALLY
DESIGNATED PERSONS IN ACCORDANCE
WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003
CITY TREASURER
2 apChkLst Final Check List Page: 1
06/01/2023 11 :13:15AM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 2855 6/2/2023 002474 CA PUB EMPLOY RETIREMEI\PP10/23 5/14/2023 PERS CONTRIBUTIONS 5,805.45 5,805.45 2856 6/2/2023 024009 CA PUB EMP RETIREMENT S'PP#10/23 5/14/2023 PERS CONTRIBUTIONS FOR 88,303.10 88,303.1 0 2857 6/2/2023 004156 CALIF, STATE OF, EMPLOYMEBen2527603 6/2/2023 STATE TAX: PAYMENT 24,450.66 24,450.66 2858 6/2/2023 000010 CALIF, STATE OF, EMPLOYMEBen2527605 6/2/2023 SDI INS: PAYMENT 5,654.70 5,654.70 2859 6/2/2023 001819 FEDERAL WITHOLDING TAX Ben2527601 6/2/2023 FEDERALTAX: PAYMENT 162,143.59 162,143.59 2860 6/2/2023 014754 STATE DISBURSMENT UNIT Ben2527607 6/2/2023 CHILD SUPPORT: PAYMENT 2,729.06 2,729.06 588703 6/2/2023 024081 AZ SAN CLEMENTE PARTNEf060123 6/1/2023 PARKING LOT LEASE AGREE 350.00 350.00 588704 6/2/2023 016780 ABDELMUTI DEVELOPMENT <060123 6/1/2023 PARKING LOT LEASE AGREE 700.00 700.00 588705 6/2/2023 035116 ACCESS CONTROL SECURIT005164 7 5/9/2023 ACCESS CTRL SEC.- PARKIN 1,312.00 1,312.00 588706 6/2/2023 017063 ADMINSURE INC. 16054 5/15/2023 CLAIMS ADMINISTRATION* 1,430.00 1,430.00 588707 6/2/2023 010213 AFLAC Ben2527595 6/2/2023 AFLACINSURANCE:PAYMEI\ 79.42 79.42 588708 6/2/2023 000042 AKM CONSULTING ENGINEEF0012220 5/12/2023 PN 16406/ BLANCO PUMP ST 2,285.00 0012222 5/12/2023 CONTRACT- REEVES BOOSl 7,620.00 9,905.00 588709 6/2/2023 029541 ALANO, KATHRYN 52483328 4/30/2023 REFUND - SCHEDULE CONFI 72.00 72.00 588710 6/2/2023 033006 ALLEN , BLAKE LEE 51323 5/13/2023 FNF OFFICIAL 80.00 80.00 588711 6/2/2023 005201 APPLE ONE 01-6616581 5/3/2023 HR ADMINISTRATIVE CLERIC 916.60 01-6623052 5/10/2023 HR ADMINISTRATIVE CLERIC 916.60 1,833.20 588712 6/2/2023 019898 ATS COMMUNICATIONS 932204 5/1/2023 LA03597B - MAY 2022 PAYME 601 .02 932319 5/3/2023 LA23187D - MAY 2022 PAYME 669.93 1,270.95 588713 6/2/2023 024972 BEST BEST & KRIEGER LLP 963385 4/24/2023 LAND USE 2,094.50 2,094.50 588714 6/2/2023 031618 BIRD SOLUTIONS INT'L, INNC282785 5/5/2023 BIRD TRAPPING & REHOMIN 175.00 175.00 588715 6/2/2023 026424 BOUGHTON, MARJORIE T 060123 6/1/2023 PARKING LOT LEASE AGREE 166.66 166.66 588716 6/2/2023 03527 4 BRADLEY,HUNTER 51323 5/13/2023 FLAG FOOTBALL OFFICIAL P 120.00 52023 5/20/2023 FLAG FOOTBALL OFFICIAL P 80.00 200.00
588717 6/2/2023 027207 BRILL, CARRIE 051723 5/17/2023 ALL STAFF TRAINING MEAL F 386.93 386.93 588718 6/2/2023 035314 BROWNING, KORIE 52370001 4/27/2023 LIFEGUARD PROGRAM REFl 262.00 52370156 4/27/2023 LIFEGUARD PROGRAM REFl 262.00 524.00 588719 6/2/2023 003231 CALIFORNIA DEPT OF JUSTIC653782 5/3/2023 FINGERPRINT PROCESSING 1,312.00 1,312.00 588720 6/2/2023 027238 CALPINE ENERGY SOLUTION2314500180831l 5/25/2023 ELECTRICITY A/C #281218 68,967.1 5 68,967.15 588721 6/2/2023 026426 CARRICK, CYNTHIA T 060123 6/1/2023 PARKING LOT LEASE AGREE 166.66 166.66 Page: 1
3 apChkLst Final Check List Page: 2
06/01/2023 11:13:15AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588722 6/2/2023 035342 CIVICA LAW GROUP APC 10247 5/1/2023 CODEENFORCEMENTLEGA 497.20 10248 5/1/2023 CODEENFORCEMENTLEGA 180.80
10249 5/1/2023 CODEENFORCEMENTLEGA 5,669.15
10250 5/1/2023 CODEENFORCEMENTLEGA 373.00
10251 5/1/2023 CODEENFORCEMENTLEGA 113.00
10252 5/1/2023 CODE ENFORCEMENT LEGA 434.80
10100 4/1/2023 CODEENFORCEMENTLEGA 285.20
10103 4/1/2023 CODEENFORCEMENTLEGA 2,459.08
10104 4/1/2023 CODEENFORCEMENTLEGA 203.40
10102 4/1/2023 CODEENFORCEMENTLEGA 158.20
10095 4/1/2023 CODEENFORCEMENTLEGA 7,232.00
10096 4/1/2023 CODEENFORCEMENTLEGA 113.00
10097 4/1/2023 CODEENFORCEMENTLEGA 113.00
10098 4/1/2023 CODEENFORCEMENTLEGA 67.80
10099 4/1/2023 CODEENFORCEMENTLEGA 497.20
10257 5/1/2023 CODEENFORCEMENTLEGA 377.80
10258 5/1/2023 CODEENFORCEMENTLEGA 316.40
10107 4/1/2023 OCSD LEGAL SERVICES FOF 8,300.00
10093 4/1/2023 CODEENFORCEMENTLEGA 361.60
10094 4/1/2023 CODEENFORCEMENTLEGA 113.00
10101 4/1/2023 CODEENFORCEMENTLEGA 113.00
10253 5/1/2023 CODEENFORCEMENTLEGA 742.60
10260 5/1/2023 OCSD LEGAL SERVICES FOF 173.17
10261 5/1/2023 OCSD LEGAL SERVICES FOF 8,300.00
10254 5/1/2023 CODEENFORCEMENTLEGA 135.60
10255 5/1/2023 CODEENFORCEMENTLEGA 113.00
10256 5/1/2023 CODEENFORCEMENTLEGA 435.40 37,878.40
588723 6/2/2023 018743 CO OF ORANGE - SHERIFFS' Ben2527597 6/2/2023 GARNISHMENT: PAYMENT 777.99 777.99 588724 6/2/2023 001241 COLONIAL LIFE & ACCIDENT Ben2527589 6/2/2023 ACCIDENT INSURANCE: PAYI 181 .77 181.77 588725 6/2/2023 001394 COOK PGA GOLF SHOP INC, 053023 5/30/2023 5/22/23 - 5/28/23 WEEKLY PA 'i 24,049.43 24,049.43 588726 6/2/2023 035251 COSSEY, CHRISTINA 042123 4/21/2023 BUENA VISTA LANDSLIDE RE 2,275.01 2,275.01 588727 6/2/2023 006090 COX COMMUNICATIONS 052093001 5/13/2023 LANDLINE PHONE SERVICE~ 21 .14 21 .14 588728 6/2/2023 033935 COZEAN, NICOLE 52275151 4/24/2023 REFUND OF DEPOSIT 337.50 337.50 588729 6/2/2023 018005 DANA WHARF SPORTFISHINC041323 4/13/2023 CONTRACT INSTRUCTOR PA 5,179.20 5,179.20 Page: 2
4 apChkLst Final Check List Page: 3
06/01/2023 11 :13:15AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 588730 6/2/2023 00264 7 DENAULTS HARDWARE, INC517517 5/16/2023 HARDWARE & MAINT SUPPL 1.25 517554 5/18/2023 HARDWARE & MAINT SUPPL 125.56
517535 5/17/2023 HARDWARE & MAINT SUPPL 16.95
517566 5/19/2023 HARDWARE & MAINT SUPPL 19.38 163.14
588731 6/2/2023 015986 DESTEFANO, LOUIS 51323 5/13/2023 ADULT SOFTBALL OFFICIAL 80.00 52023 5/20/2023 ADULT SOFTBALL OFFICIAL 80.00 160.00
588732 6/2/2023 035412 DIPONIO, GWENDOLYN D SC502626 4/13/2023 CITATION REFUND 58.00 58.00 588733 6/2/2023 032475 DMC ENGINEERING 11-22-022 12/31/2022 ENG 19-028, 155 DEL MAR ZO 1,370.00 1,370.00 588734 6/2/2023 009540 DUDEK & ASSOCIATES, INC. 202300190 2/10/2023 ENGINEERING SERVICES FC 5,562.50 5,562.50 588735 6/2/2023 003583 DUMFORD, MARILYN 051723 5/17/2023 INSTRUCTOR PAYMENT 336.00 336.00 588736 6/2/2023 004177 E STEWART & ASSOC INC 8162S 5/5/2023 WEED ABATEMENT CONTRA 2,400.00 2,400.00 588737 6/2/2023 033833 ETNYRE, CHRISSY 52461637 4/29/2023 REFUND - CHANGED MIND 152.00 152.00 588738 6/2/2023 016911 EVER AFTER EVENT PROD LI051823 5/18/2023 INSTRUCTOR PAYMENT 5,630.10 5,630.1 0 588739 6/2/2023 002042 FIRST VEHICLE SERVICES 11890781 5/18/2023 TROLLEY SERVICE 3,544.93 3,544.93 5887 40 6/2/2023 035284 FLOHR, ERICA 52256286 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588741 6/2/2023 035282 FRAZER, DANIELLE 52275223 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 5887 42 6/2/2023 000993 GALLS, LLC 024295811 4/26/2023 RSVP APPAREL 66.98 66.98 5887 43 6/2/2023 035316 GATSIOS, ISMENE 52483926 4/30/2023 CREDIT ON ACCOUNT REFUI 123.34 123.34 5887 44 6/2/2023 034109 GEACH, LAUREN 52275241 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588 7 45 6/2/2023 032612 GIANT CO2 137179 5/15/2023 CHEMICAL SUPPLIES 391 .43 137252 5/22/2023 CHEMICAL SUPPLIES 347.73 739.16
5887 46 6/2/2023 001926 GRAINGER, INC, W.W. 9708708038 5/16/2023 HARDWARE/ EQUIPMENT 514.87 9708949319 5/16/2023 HARDWARE/ EQUIPMENT 547.35
9710775835 5/17/2023 HARDWARE/ EQUIPMENT 341 .04 1,403.26 588747 6/2/2023 035285 GREAUX, KEN 52256319 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588748 6/2/2023 032998 GREEN ZONE WASH WATERL001227 5/2/2023 TROLLEY WASHING FOR SUI 250.00 250.00 588749 6/2/2023 017866 GREENWOOD, JOHN J 060123 6/1/2023 PARKING LOT LEASE AGREE 350.00 350.00 588750 6/2/2023 033781 GRIFFIN, ASHLEY 52333614 4/26/2023 CREDIT REFUND 109.00 109.00 588751 6/2/2023 034246 HANSON BRIDGETT LLP 1343597 3/20/2023 LEGAL SERVICES FOR PRA /. - 200.00 200.00 588752 6/2/2023 023511 HARPER, EVERETT 51323 5/13/2023 ADULT SOFTBALL OFFICIAL 240.00 52023 5/20/2023 ADULT SOFTBALL OFFICIAL 200.00 440.00
588753 6/2/2023 035286 HARPER, KATHLEEN 52275191 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588754 6/2/2023 034005 HARTANA, THOMAS 51323 5/13/2023 FNF OFFICIAL 80.00 80.00 588755 6/2/2023 002045 HIRSCH PIPE & SUPPLY 8892633 5/8/2023 FACILITIES - MAINT. OF BUil 121.90 8901233 5/12/2023 FACILITIES - MAINT. OF BUil 640.77 762.67 Page:3
5 apChklst Final Check List Page: 4
06/01/2023 11 :13:15AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588756 6/2/2023 035287 HORSLEY, TREVOR 52257437 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588757 6/2/2023 026030 HUNTER CONSTRUCTION & [925126 10/19/2022 DEPOSIT REFUND HYDR ME' 233.04 233.04 588758 6/2/2023 007033 IMPERIAL SPRINKLER SUPPL0010739858-001 5/15/2023 IRRIGATION SUPPLIES 62.65 0010768926-001 5/16/2023 IRRIGATION SUPPLIES 67.46
0010758208-001 5/16/2023 IRRIGATION SUPPLIES 44.96
0010793497-001 5/17/2023 IRRIGATION SUPPLIES 153.67
0010769898-001 5/16/2023 IRRIGATION SUPPLIES 153.67 482.41 588759 6/2/2023 012787 INFOSEND, INC. 235774 5/16/2023 UTILITY BILL PROCESSING 6,729.04 235775 5/16/2023 UTILITY BILL PROCESSING 557.25 7,286.29 588760 6/2/2023 035275 INSLEY; RYDER 51323 5/13/2023 FLAG FOOTBALL OFFICIAL P 80.00 80.00 588761 6/2/2023 035318 JAKL, CHRISTY 52340317 4/26/2023 CLASS REFUND 130.00 130.00 588762 6/2/2023 033007 JANSSON, GUS 51323 5/13/2023 FNF OFFICIAL 80.00 52023 5/20/2023 FNF OFFICIAL 40.00 120.00
588763 6/2/2023 009069 JP'S SURF CAMP INC 052423 5/24/2023 INSTRUCTOR PAYMENT 2,695.00 2,695.00 588764 6/2/2023 006381 JTB SUPPLY COMPANY, INC 111945 5/16/2023 SIGNAL SUPPLIES 5,509.05 111964 5/16/2023 SIGNAL SUPPLIES 1,518.43 7,027.48
588765 6/2/2023 001721 KNORR SYSTEMS INT'L LLC 200188 5/18/2023 POOL EQUIPMENT 2,653.89 200615 5/17/2023 POOL EQUIPMENT 2,567.14 5,221 .03
588766 6/2/2023 035289 KOOPMAN, JACQUIE 52275312 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588767 6/2/2023 034796 LASZEWSKI, DRAKE WALKEF52023 5/20/2023 FOOTBALL OFFICIAL PAYMEI 120.00 120.00 588768 6/2/2023 030941 LAZ KARP ASSOCIATES LLC INV0136472 5/2/2023 TROLLEY OPERATIONS SUM 21 ,252.00 21,252.00 588769 6/2/2023 019315 LEE & RO, INC 1230-01/02 5/22/2023 SPLITTER BOX REHABILITAT 38,831 .00 38,831 .00 588770 6/2/2023 035321 LEUNG, ELIZABETH 52375447 4/27/2023 REFUND - CLASS CANCELLE 48.00 52375448 4/27/2023 REFUND - CLASS CANCELLE 48.00 96.00
588771 6/2/2023 019816 LGC GEOTECHNICAL INC 01-18772 1/31 /2023 GEOTECHNICAL EVALUATIOI 1,286.25 1,286.25 588772 6/2/2023 007610 LIDDELL, MARK 3 5/22/2023 MEMORIAL DAY SOUND SYS 450.00 450.00 588773 6/2/2023 03464 7 LOERTSCHER, JOHN 51323 5/13/2023 SOFTBALL OFFICIAL PAYMEt 80.00 52023 5/20/2023 SOFTBALL OFFICIAL PAYMEt 240.00 320.00
588774 6/2/2023 007564 LOWE'S COMPANIES, INC. 23899 5/16/2023 #0333392 SUPPLIES 181 .44 23281 5/18/2023 #0333392 SUPPLIES 42.07
38767 5/18/2023 #0333392 SUPPLIES 39.46 262.97
588775 6/2/2023 034784 LOYA, RICKY 51323 5/13/2023 SOFTBALL OFFICIAL PAYMEt 120.00 120.00 588776 6/2/2023 035276 MADISON, MICHAEL 51323 5/13/2023 FLAG FOOTBALL OFFICIAL P 80.00 80.00 588777 6/2/2023 033008 MCDONALD, REESE 51323 5/13/2023 FNF OFFICIAL 120.00 52023 5/20/2023 FNF OFFICIAL 40.00 160.00
Page: 4
6 apChklst Final Check List Page: 5
06/01/2023 11 :13:15AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 588778 6/2/2023 019459 MINIER, MIKE 052423 5/24/2023 CONTRACT INSTRUCTOR PA 1,346.10 1,346.10 588779 6/2/2023 034977 MISSION SQUARE-107987 Ben2527599 6/2/2023 401A DEFERRED COMP: PAY 695.22 695.22 588780 6/2/2023 003619 MISSION SQUARE-302452 Ben2527587 6/2/2023 DEFERRED COMP ICMA: PA'r 25,066.12 25,066.12 588781 6/2/2023 034976 MISSION SQUARE-306379 Ben2527591 6/2/2023 DEFERRED COMP/ICMA PTS 5,270.80 5,270.80 588782 6/2/2023 035290 MOTA, IIDA 52257395 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588783 6/2/2023 003762 NATIONAL CONST RENTALS, 6979823 4/26/2023 STORAGE CONTAINER 258.60 6983867 5/1/2023 WEEKLY SVC REG UNIT & H\ 6,646.98 6,905.58 588784 6/2/2023 027224 NIERMANN, CYNTHIA B 052223 5/22/2023 CONTRACT INSTRUCTOR PA 1,428.00 1,428.00 588785 6/2/2023 026677 NORRIS, GREG 52345628 4/26/2023 REFUND - SCHEDULE CONFI 182.00 52345936 4/26/2023 REFUND - SCHEDULE CONFI 197.00 379.00 588786 6/2/2023 001207 ODP BUSINESS SOLUTIONS 1311584512001 5/9/2023 OFFICE SUPPLIES A/C #8983 323.25 311539326001 5/3/2023 OFFICE SUPPLIES A/C #8983 66.78
312960408001 5/10/2023 OFFICE SUPPLIES A/C #8983 130.26 311917392001 5/3/2023 OFFICE SUPPLIES A/C #8983 72.17
312226855001 5/3/2023 OFFICE SUPPLIES A/C #8983 125.95
307944868001 5/11/2023 OFFICE SUPPLIES A/C #8983 434.44 304624583001 5/4/2023 OFFICE SUPPLIES A/C #8983 69.22
311037076001 4/28/2023 OFFICE SUPPLIES A/C #8983 1,041 .47 312415897001 5/9/2023 OFFICE SUPPLIES A/C #8983 16.90
306888428001 5/16/2023 OFFICE SUPPLIES A/C #8983 -16.90 313546824001 5/11/2023 OFFICE SUPPLIES A/C #8983 255.76 310954526001 5/11/2023 OFFICE SUPPLIES A/C #8983 65.37 2,584.67 588787 6/2/2023 025959 OMNI ENTERPRISE INC CSC5161 5/16/2023 OMNICLEAN - JANITORIAL-~ 20,050.00 CSC5162 5/16/2023 OMNICLEAN - JANITORIAL-~ 9,450.00
CSC5163 5/16/2023 OMNICLEAN - JANITORIAL-~ 3,600.00
CSC5164 5/16/2023 JANITORIAL SERVICES 1,600.00 34,700.00 588788 6/2/2023 035291 O'NEILL, TAYLOR NIXON 52257423 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588789 6/2/2023 035377 ONTRACK PROMOTIONS 10390 5/23/2023 FIRST AID KIT PROMOTIONA 645.09 645.09 588790 6/2/2023 001086 ORANGE COUNTY TREAS/TASTTM001109 5/16/2023 POLICE RADIO MAINTENANC 1,098.89 1,098.89 588791 6/2/2023 012968 PALAPA KINGS, INC. 0565 5/17/2023 REPAIR PLP12 PALAPA 420.00 420.00 588792 6/2/2023 015190 PAYFLEX SYSTEMS, USA Ben2527593 6/2/2023 SEC 125 MEDICAL: PAYMENl 2,993.15 2,993.1 5 588793 6/2/2023 034564 PROCURE AMERICA INC 1-2303U 5/19/2023 2100000570996 DISTRI BUTIO 99,518.83 99,518.83 588794 6/2/2023 003616 PRUDENTIAL OVERALL SUPP 132188891 5/16/2023 1273604 UNIFORMS RENTAL 27.26 132188892 5/16/2023 1273601 UNIFORMS RENTAL 60.44 87.70 Page: 5
7 apChklst Final Check List Page: 6
06/01/2023 11:13:15AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588795 6/2/2023 003033 RALPHS GROCERY CO 139457 5/19/2023 BPR A/C # E10007 26.97 136494 5/19/2023 BPR A/C # E10007 149.48
049403 5/16/2023 BPRA/C # E10007 273.37 449.82
588796 6/2/2023 035414 RECEIVERSHIP ESTATE OF T060123 6/1/2023 PARKING LOT RENTAL 350.00 350.00 588797 6/2/2023 035210 REESE, CURTIS 51323 5/13/2023 SOFTBALL OFFICIAL PAYMEt 120.00 52023 5/20/2023 SOFTBALL OFFICIAL PAYMEt 120.00 240.00
588798 6/2/2023 029346 REYES.SANDRA 52257373 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588799 6/2/2023 000067 RINCON TRUCK CENTER INC352292 5/16/2023 PARTS 8.31 8.31 588800 6/2/2023 035292 RISNER, HEATHER 52256343 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588801 6/2/2023 035355 RODARTI, DOMINIC 621738642 5/18/2023 REIMBURSEMENT FOR GAS 73.50 73.50 588802 6/2/2023 016390 ROSEN . MELISSA 52368284 4/27/2023 CAMP REFUND 342.00 342.00 588803 6/2/2023 029639 ROSSKOPF,KATHLEEN 52377657 4/27/2023 REFUND - CHANGED MIND 155.00 155.00 588804 6/2/2023 009671 RRM DESIGN GROUP 1453-03-0423 5/22/2023 ENG SRVS FOR NEW SEWEF 1,575.00 1,575.00 588805 6/2/2023 029698 RUIZ, CAROLYN 52370024 4/27/2023 REFUND - SCHEDULE CONFI 1,026.00 52371624 4/27/2023 REFUND - SCHEDULE CONFI 202.00 1,228.00 588806 6/2/2023 014469 RYAN, TODD 050923 5/9/2023 REIMBURSEMENT FOR DOT 72.00 72.00 588807 6/2/2023 000601 SAN CLEMENTE CHAMBER 02303 5/18/2023 COFFEE WITH THE CITY MAI 235.06 235.06 588808 6/2/2023 000635 SAN CLEMENTE CITY EMPLOBen2527585 6/2/2023 DUES-SCCEA: PAYMENT 1,526.00 1,526.00 588809 6/2/2023 001174 SAN DIEGO GAS & ELECTRIC051823 5/18/2023 0035968576381 DISTRIBUTIO 400.78 400.78 588810 6/2/2023 035326 SCOFIELD, PATRICIA 52482978 4/30/2023 REFUND - SCHEDULE CONFI 195.00 195.00 588811 6/2/2023 034007 SHANLEY, DREW 51323 5/1 3/2023 FNF OFFICIAL 160.00 160.00 588812 6/2/2023 003857 SOCAL FIRST AID & SAFETY 42-023914 5/16/2023 FIRST AID SUPPLIES 278.90 42-023919 5/17/2023 FIRST AID SUPPLIES 243.63 522.53
588813 6/,2/2023 002099 STATE CONTROLLERS OFFiCFTB-00005785 5/17/2023 CUST. ID : CITY420, OFFSET 370.16 370.16 588814 6/2/2023 030051 STEWART, JOYCE 52257502 4/24/2023 RAIN CREDIT REFUND 92.50 92.50 588815 6/2/2023 001753 SUMMERS/MURPHY 21-8704 11 /30/2021 LOR 21-176 LANDSCAPE PLA 500.00 21-8524 10/29/2021 B20-1699 LANDSCAPE PLAN 2,760.00 3,260.00 588816 6/2/2023 034517 SYSCO RIVERSIDE INC 420180223 3/10/2023 SYSCO DELIVERY 858.56 858.56 58881 7 6/2/2023 026425 TAYLOR, WILLIAM D 060123 6/1/2023 PARKING LOT LEASE AGREE 166.66 166.66 588818 6/2/2023 035413 TESLA ENERGY OPERATIONrn23-0339 3/22/2023 REFUND FOR DOUBLE PAYM 100.00 100.00 588819 6/2/2023 019220 THE ADVANTAGE GROUP 156596 4/30/2023 COBRAADMINISTRATION 219.45 219.45 588820 6/2/2023 032785 THE FRANK HC NAM BYPASS060123 6/1/2023 PARKING LOT LEASE AGREE 800.00 800.00 588821 6/2/2023 034241 UNSUNG STUDIO LLC 2945 5/23/2023 FUN ON THE RUN TRUCK GF 3,100.00 3,100.00 Page: 6
8 apChklst Final Check List Page: 7
06/01/2023 11 :13:15AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 588822 6/2/2023 002324 WALTERS WHOLESALE ELECS123075904.001 5/9/2023 MISC PARTS 200.63 S122521722.001 5/16/2023 MISC PARTS 4,528.72
S122375899.001 5/16/2023 MISC PARTS 4,668.72
S123115011.001 5/15/2023 MISC PARTS 1,190.52
S 122932784.00L 5/9/2023 MISC PARTS 69.79
S122795695.001 5/15/2023 MISC PARTS 2,496.32
S123086690.001 5/10/2023 MISC PARTS 2,953.87
S123083617.001 5/10/2023 MISC PARTS 5,025.63 21,134.20
588823 6/2/2023 034786 WALZ, OWEN 51323 5/13/2023 FOOTBALL OFFICIAL PAYMEI 80.00 52023 5/20/2023 FOOTBALL OFFICIAL PAYMEI 120.00 200.00
588824 6/2/2023 003356 WATERLINE TECHNOLOGIES 5631322 5/12/2023 HYPOCHLORITE SOLUTION~ 2,836.84 2,836.84 588825 6/2/2023 027538 WATSCHKE, KIM 52368496 4/27/2023 REFUND - SCHEDULE CONFI 342.00 342.00 588826 6/2/2023 035296 WEISE, SAMANTHA 52275271 4/24/2023 REFUND OF DEPOSIT 50.00 50.00 588827 6/2/2023 0324 72 WEST COAST ARBORIST. INC199615 3/30/2023 WCA -TREE MNT. SVCS. SUI 12,925.00 12,925.00 Sub total for BANK OF THE WEST: 798,644.54
Page:7
9 apChkLst
06/01/2023 11 :13:15AM
131 checks in this report.
Final Check List
SAN CLEMENTE
Page: 8
Grand Total All Checks: 798,644.54
Page: 8
1 0
City of San Clemente
Summary of Large Dollar Warrants
Wire# Date Vendor/Payee Purpose Amount
2859 6/2/2023 US Treasury-Federal Withholding Federal withholding taxes for pay period end 5/28/2023 162,143.59 1 Agenda Item: 7C(2)
CITY OF SAN CLEMENTE
CERTIFICATION OF WARRANTS
I HEREBY SUBMIT THE ATTACHED
WARRANT REGISTER FOR AUDIT
AND APPROVAL BY THE CITY
COUNCIL, CITY OF SAN CLEMENTE
CITY MANAGER
ATTEST:
----------
CITY CLERK
I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING
DEMANDS AND THAT FUNDS ARE AVA~ ABLE FOR PAYMENT
TH EREOF: - ~ --
APPROVED AND ORDERED PAID AT
THE MEETING OF THE CITY COUNCIL
HELD ON
-------------
1 N THE AMOUNT OF$ _6~0_09~0_6_9_.6_3 ___ _
MAYOR
PAID BY WARRANTS SIGNED BY LEGALLY
DESIGNATED PERSONS IN ACCORDANCE
WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003
CITY TREASURER
2 apChkLst
06/05/2023 10:21 :24AM
Bank : citv BANK OF THE WEST
Final Check List
SAN CLEMENTE
Check # Date Vendor '-'- ln'-'-v--'-o-'--'ic'""e __ _ Inv Date Descriotion Amount Paid 588828 6/5/2023 011040 SWRCB FEES FIREWORK PEI 6/2/2023 FIREWORKS GENERAL NPDE 3,274.00 Sub total for BANK OF THE WEST:
Page: 1
Check Total
3,274.00 3,274.00
Page: 1
3 apChkLst
06/05/2023 10:21 :24AM
1 checks in this report.
Final Check List
SAN CLEMENTE
Page: 2
Grand Total All Checks: 3,274.00
Page:2
4 apChklst
06/08/2023 10:06:07AM
Final Check List
SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion
2861 6/9/2023 0024 7 4 CA PUB EMPLOY RETIREMEt-.PP11/23 5/28/2023 PERS CONTRIBUTIONS 2862 6/9/2023 024009 CA PUB EMP RETIREMENT S'PP#11/23 5/28/2023 PERS CONTRIBUTIONS FOR 2863 6/9/2023 000964 CALPERS 1000000171741( 5/15/2023 MEDICAL PREMIUMS 2864 6/9/2023 000964 CALPERS 1000000171740! 5/15/2023 MEDICAL PREMIUMS 2865 6/9/2023 035026 US ARMY CORPS OF ENGINE020323 2/3/2023 INITIAL CONSTRUCTION SC :
588829 6/9/2023 006500 ACE FENCE COMPANY 20704 12/21/2022 CHAIN LINK GATE REPLACEr 588830 6/9/2023 009876 ALL CITY MANAGEMENT SVC85614 5/17/2023 SCHOOL CROSSING GUARD 588831 6/9/2023 035464 ALLAN, JOHN MCLEAN 20230527 5/23/2023 BAGPIPES AT MEMORIAL DA 588832 6/9/2023 024819 ALLEN, CHELSEA 52831007 5/8/2023 JR. LIFEGUARD PROGRAM Fs 588833 6/9/2023 034565 AMAZON BUSINESS 149M-W94V-441 5/15/2023 SUPPLIES 1 KDH-PQGK-m 5/26/2023 SUPPLIES
11 PW-NRHQ-NF 5/19/2023 SUPPLIES
1 NKP-TP1 Q-WS 5/21/2023 SUPPLIES
1 FCH-6JF6-TPI\ 5/21/2023 SUPPLIES
17QT-YMCR-6F 5/16/2023 SUPPLIES
166F-19J1-JPPS 5/18/2023 SUPPLIES
1TYQ-QJDP-JPI 5/27/2023 SUPPLIES
1JDG-JHGP-6TI 5/17/2023 SUPPLIES
1 H1V-FDXF-6C[ 5/22/2023 SUPPLIES
1 H7N-3VF3-3QL 5/25/2023 SUPPLIES
1 HTX-G6HT-F7r 5/24/2023 SUPPLIES
1 NJJ-JV9V-66T' 5/25/2023 SUPPLIES
1 KDH-PQGK-DJ 5/26/2023 SUPPLIES
1JXX-PWQ4-4V\ 5/16/2023 SUPPLIES
173C-NNC3-KFi 5/19/2023 SUPPLIES
1 C9D-H67V-CW 5/23/2023 SUPPLIES
13Q3-9WLC-66L 5/17/2023 SUPPLIES
1HTY-4XYT-6VC 5/17/2023 SUPPLIES
1 F61-4JWG-4C) 5/16/2023 SUPPLIES
1 CRY-6XTL-G7F 5/24/2023 SUPPLIES
1 NHF-HJPG-36< 5/24/2023 SUPPLIES
1TTQ-D3PR-DQ 5/18/2023 SUPPLIES
1 JDG-JHGP-KF' 5/18/2023 SUPPLIES
1TMN-6DKN-1Y 5/31/2023 SUPPLIES
Page: 1
Amount Paid Check Total
5,930.43 5,930.43
89,360.51 89,360.51
14,740.10 14,740.1 0
235,113.08 235,11 3.08
4,259,286.00 4,259,286.00
1,900.00 1,900.00
14,023.45 14,023.45
500.00 500.00
262.00 262.00
361 .55
311 .73
290.88
235.57
220.45
204.67
366.78
32.31 25.00
14.00 12.93
12.60 33.06
1,054.29
641. 11
548.45
501.03
373.50
74.25 64.20
51.68 44.77
39.76 39.52
154.38
Page: 1
5 apChklst Final Check List Page: 2
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 1 H1 V-N9KM-3LF 5/30/2023 SUPPLIES 102.30
1 KQJ-HDXD-4P, 5/22/2023 SUPPLIES 90.62
173C-NNC3-6K~ 5/17/2023 SUPPLIES 84.07
11 HD-HNCD-KF 5/19/2023 SUPPLIES 79.72
1 NJ3-XPLH-9WI 5/31/2023 SUPPLIES 79.24 6,144.42
588834 6/9/2023 019075 AMERICAN EXPRESS 052923 5/29/2023 LOAD #004489, A/C 3785-978~ 11 ,277.84 11 ,277.84 588835 6/9/2023 005201 APPLE ONE 01-6626797 5/17/2023 HR ADMINISTRATIVE CLERIC 916.60 916.60 588836 6/9/2023 034095 ARDENT PRESS INC 40108 6/1/2023 WINDOW ENVELOPES - QTY 430.78 40042 5/23/2023 EVENT PARKING SIGNS 316.05
40044 5/24/2023 EVENT SIGNS - DRILL HOLE~ 64.65 811.48
588837 6/9/2023 024288 ARMOR FENCE CONCEPTS 1181 5/5/2023 MAST AND PLATE 995.00 1196 5/23/2023 CABLE FENCE REPAIRS 450.00
1197 5/23/2023 FORK LATCHES INSTALLATIC 250.00 1,695.00 588838 6/9/2023 015955 ASSI SECURITY INC SD19190 5/14/2023 REPLACE POWER SUPPLY 500.00 500.00 588839 6/9/2023 019069 AT&T 000019999063 5/27/2023 AT&T PHONE/DATA SERVICE 1,267.07 1,267.07 588840 6/9/2023 034154 ATALLAH, BRIDGETTE 52832174 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588841 6/9/2023 019070 ATOM COMPANY INC 19896 5/9/2023 SAW CUT ASPHALT 1,275.00 19895 5/8/2023 SAW CUT ASPHALT 972.00 2,247.00
588842 6/9/2023 000184 AWARDS N MORE 5737 5/25/2023 PLAQUES 161 .63 161 .63 588843 6/9/2023 035250 AXELLIANT LLC PSI007781 4/25/2023 FORTINET ANNUAL RENEWA 8,890.30 8,890.30 588844 6/9/2023 025638 BAKER INTERNATIONAL INC, 1180965 5/26/2023 DESIGN & CONSTR SUPPOR 6,386.70 6,386.70 588845 6/9/2023 006409 BAY CITY INDUSTRIAL SUPPL260661 5/23/2023 PARTS/HARDWARE 1,003.00 1,003.00 588846 6/9/2023 027754 BEACH CITY FLORISTS INC 408254 5/29/2023 MEMORIAL DAY WREATHS 727.31 727.31 588847 6/9/2023 035356 BENEZRI, STEVI 52832443 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588848 6/9/2023 024972 BEST BEST & KRIEGER LLP 965449 5/17/2023 MALAMUD PRA REQUESTS 130.48 130.48 588849 6/9/2023 035378 BEVERLY, PATTY 52915463 5/10/2023 CREDIT ON ACCOUNT REFUI 127.00 127.00 588850 6/9/2023 035357 BICKLEY, LINDSEY 52795955 5/7/2023 REFUND - SCHEDULE CONFI 217.00 217.00 588851 6/9/2023 031618 BIRD SOLUTIONS INT'L, INNC282787 5/19/2023 BIRD TRAPPING & REHOMIN 175.00 175.00 588852 6/9/2023 033760 BLACKWILL, MATTHEW 52832202 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588853 6/9/2023 024093 BLANC-HALL, JADEN 52877317 5/9/2023 JR. LIFEGUARD PROGRAM r; 262.00 262.00 588854 6/9/2023 035358 BOONE, DANA 52832260 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588855 6/9/2023 016000 BOUND TREE MEDICAL, LLC 84931829 4/20/2023 MEDICAL SUPPLIES 473.62 473.62 588856 6/9/2023 035216 BUILDING BLOCK 3628-6 5/28/2023 EDU OUTREACH VIDEO FOR 1,700.00 1,700.00 588857 6/9/2023 005046 C. WELLS PIPELINE MATERIASINV23-2112 5/15/2023 PIPELINE MATERIALS 463.33 SI NV23-2113 5/15/2023 PIPELINE MATERIALS 161.09 624.42 Page: 2
6 apChklst Final Check List Page: 3
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588858 6/9/2023 034968 CABRAL, VICTOR 053023 5/31/2023 MILEAGE REIMBURSEMENT 22.27 22.27 588859 6/9/2023 000809 CALBO 16040 12/19/2022 TRAINING - R. BREWSTER 390.00 16033 12/15/2022 TRAINING - ROBERT 70.00 460.00
588860 6/9/2023 025098 CALIF DEPT OF HEALTH CAR061523 6/15/2023 PP-GEMT-IGT PARTICIPATIOI 64,511 .14 64,511.14 588861 6/9/2023 022197 CALIF FUELS & LUBRICANTS P550619-1 5/18/2023 RED DYED DIESEL 2,055.37 2,055.37 588862 6/9/2023 004940 CALIF STATE LANDS COMMl!:B9039 5/24/2023 DREDGING - PROPOSED NE' 2,288.33 2,288.33 588863 6/9/2023 029136 CALIFORNIA STREET LIGHTlt947 2/14/2023 N. ECR / BOC DE LA PLAYA- 3,100.00 945 2/13/2023 PICO/VERA CRUZ - REPLACE 3,100.00
944 2/13/2023 PICO/PEDRIZA - RELACE SL : 3,100.00 9,300.00 588864 6/9/2023 034510 CARBON HEALTH TECHNOLCAPRIL2023 5/7/2023 PRE-EMPLOYMENT DRUG SC 4,205.00 4,205.00 588865 6/9/2023 022636 CARE AMBULANCE SERVICE 23-000827 5/31/2023 EMERGENCY AMBULANCES 32,192.23 23-000825 5/31/2023 EMERGENCY AMBULANCE S 32,192.23 23-000824 5/31/2023 EMERGENCY AMBULANCES 32,192.23 23-000826 5/31/2023 EMERGENCY AMBULANCES 32,192.23 128,768.92 588866 6/9/2023 035409 CHEROKEE CHEMICAL CO IN0423630-IN 4/28/2023 CLEANERS & PROTECTANT!: 3,017.00 3,017.00 588867 6/9/2023 035315 CHRISTIANS, KRISTEN 52555204 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 588868 6/9/2023 019519 CINTAS CORPORATION 1903991979 5/19/2023 UNIFORM RENTAL/ SHOP TC 189.24 189.24 588869 6/9/2023 035359 CIRACI, MARY 52572579 5/2/2023 REFUND - CHANGED MIND 75.00 75.00 588870 6/9/2023 028815 CIVICPLUS LLC 261026 4/30/2023 CIVICREC ANNUAL SERVICE 5,365.13 5,365.1 3 588871 6/9/2023 035360 CLAIRE, LARAINE 52832391 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588872 6/9/2023 027300 CLIENTFIRST CONSULTING C:14995 4/30/2023 PROJECT MANAGEMENT SE 787.50 787.50 588873 6/9/2023 003559 COASTAL ANIMAL SERVICES .JUN23 6/1/2023 CONTRACTED SERVICES PA 81,001 .63 81,001 .63 588874 6/9/2023 008354 COASTAL FRONTIERS CORP 5237 4/3/2023 COASTAL FRONTIERS CONT 16,569.00 16,569.00 588875 6/9/2023 016335 COMMUNITY OUTREACH ALL031423 5/23/2023 AMERICAN RESCUE PLAN Si 10,000.00 10,000.00 588876 6/9/2023 022974 CONDOR SQUADRON 1141 5/31/2023 JULY 4TH FLYOVER FOR 5 Cl 3,750.00 3,750.00 588877 6/9/2023 014616 CONONE, JACQUELINE 020623-052523 5/25/2023 MILEAGE REIMBURSEMENT 46.51 46.51 588878 6/9/2023 001417 CONSOLIDATED ELECTRIC D 1043920 5/30/2023 MATERIALS 257.96 257.96 588879 6/9/2023 001394 COOK PGA GOLF SHOP INC, 060623 6/6/2023 05/29/23 - 06/04/23 WEEKLY F 18,042.74 18,042.74 588880 6/9/2023 035467 CURTIS JR, ALBERT C 52523 5/25/2023 SOFTBALL OFFICIAL PAYMEr 120.00 120.00 588881 6/9/2023 000168 CWEA-TCP 32704 5/23/2023 CERT. COLL SYS MAINT. G1 · 95.00 6131 1 5/23/2023 CERT. LAB G1 - A. BINA 95.00
363777 5/23/2023 CERT. COLL SYS MAINT. G1 · 95.00
384610 4/28/2023 CERT. COLL SYS MAINT. G1- 95.00 380.00 588882 6/9/2023 035361 DAO, THAI-AN 52832223 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588883 6/9/2023 035471 DE LA ROSA MAINTENANCE B22-2306 3/16/2023 REFUND OF WMP FEE 500.00 500.00 Page:3
7 apChklst Final Check List Page: 4
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588884 6/9/2023 0041 36 DELL MARKETING L.P. 10669006487 5/1/2023 DELL LAPTOPS FOR SCADA 1 5,324.43 5,324.43 588885 6/9/2023 015290 DEL TACARE USA BE005524997 6/1 /2023 05-R10220600000 HMO DENT 1,729.78 1,729.78 588886 6/9/2023 00264 7 DENAULT'S HARDWARE, INC517680 5/24/2023 HARDWARE & MAINT SUPPL 126.00 517739 5/29/2023 HARDWARE & MAINT SUPPL 117.26
517570 5/19/2023 HARDWARE & MAINT SUPPL 115.36
517698 5/26/2023 HARDWARE & MAINT SUPPL 68.15
362581 5/8/2023 HARDWARE & MAINT SUPPL 56.80
517414 5/10/2023 HARDWARE & MAINT SUPPL 29.72
517690 5/25/2023 HARDWARE & MAINT SUPPL 26.92
517514 5/16/2023 HARDWARE & MAINT SUPPL 23.04
517512 5/16/2023 HARDWARE & MAINT SUPPL 11 .59 574.84
588887 6/9/2023 015986 DESTEFANO, LOUIS 52623 5/26/2023 ADULT SOFTBALL OFFICIAL 80.00 80.00 588888 6/9/2023 008338 DETECTION INSTRUMENTS (4459-54877 5/4/2023 ODOR MONITORING 249.95 249.95 588889 6/9/2023 034187 DIAKITE, MELISSA 52689929 5/4/2023 REFUND - SCHEDULE CONFI 139.00 139.00 588890 6/9/2023 033851 DIAMOND CONSTRUCTION & PP10 6/1/2023 PN 19516 - CALLE REAL WAT 52,158.71 52,158.71 588891 6/9/2023 004462 DOHENY PLUMBING, INC. 66435 5/24/2023 BEACHES & PARKS MAINTH 778.00 66432 5/24/2023 BEACHES & PARKS MAINTE~ 778.00
66436 5/24/2023 BEACHES & PARKS MAI NTE~ 778.00
66433 5/24/2023 BEACHES & PARKS MAINTE~ 778.00
66434 5/24/2023 BEACHES & PARKS MAINTE~ 778.00 3,890.00 588892 6/9/2023 009540 DUDEK & ASSOCIATES, INC. 202303304 5/16/2023 ENGINEERING SERVICES FC 2,717.50 2,717.50 588893 6/9/2023 004177 E STEWART & ASSOC INC 8166S 5/9/2023 CLEANING AND REMOVAL 1,700.00 8097S 3/20/2023 CLEANING AND REMOVAL 1,225.00 2,925.00
588894 6/9/2023 009238 ELKINS, CHRISTINA 053123 5/31/2023 INSTRUCTOR PAYMENT 924.00 924.00 588895 6/9/2023 002904 EMCOR SERVICE 910034578 3/31/2023 PUMP STATION MAINTENAN< 662.00 662.00 588896 6/9/2023 023219 EVANTEC CORPORATION 202301355 5/26/2023 SUPPLIES 571 .68 202301337 5/25/2023 SUPPLIES 360.25 931.93
588897 6/9/2023 034975 EWING CONSULTING INC 5 5/25/2023 CLASS & COMP STUDY 6,734.00 6,734.00 588898 6/9/2023 006787 EXCEL PAVING COMPANY RETENTION 5/18/2023 CONSTRUCTION FOR PAVEr-.. 9,944.81 9,944.81 588899 6/9/2023 033587 FACER, COURTNEY 52669039 5/4/2023 REFUND - MEDICAL REASOI\ 152.00 152.00 588900 6/9/2023 026599 FISCHER, LAURA 52625866 5/3/2023 REFUND - SCHEDULE CONFI 262.00 262.00 588901 6/9/2023 034002 FITCH, SUSAN 051923-052523 5/25/2023 REIMB. FOR CERT. EVENTS 213.89 213.89 588902 6/9/2023 034180 FLOCK SAFETY INV-16174 5/30/2023 AUTOMATIC LICENSE PLATE 4,200.00 4,200.00 588903 6/9/2023 034161 FOGACA, JANA 52832148 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 Page: 4
8 apChklst Final Check List Page: 5
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588904 6/9/2023 035242 FULL TRAFFIC MAINTENANCE36833 5/17/2023 STREET SIGNS 723.97 36883 5/23/2023 STREET SIGNS 266.68
36911 5/24/2023 FIRE PIV SIGNS 208.50 1,1 99.15
588905 6/9/2023 031385 GEOSYNTEC CONSULTANTS 1423319 5/16/2023 SEA CLIFF WQMP REVIEW 1,965.00 1423318 5/16/2023 BELL RESIDENCE WQMP RE' 854.00 1423317 5/16/2023 WATER QUALITY MANAGEMI 381.25 3,200.25 588906 6/9/2023 029830 GHYZEL, AILEEN 52831614 5/8/2023 JR. LIFEGUARD PROGRAM Fi 262.00 262.00 588907 6/9/2023 012420 GIUGNI, NICOLAS 588585 5/26/2023 EFT CK#588585 RETURNED E 78.60 78.60 588908 6/9/2023 031097 GLENN, BRITTANY 52555175 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 588909 6/9/2023 001926 GRAINGER, INC, W.W. 9720346791 5/25/2023 HARDWARE/ EQUIPMENT 4,355.55 9713226729 5/19/2023 HARDWARE/ EQUIPMENT 1,145.22
9715014669 5/22/2023 HARDWARE/ EQUIPMENT 1,080.04
9717661681 5/23/2023 HARDWARE / EQUIPMENT 1,043.88 9704091165 5/11/2023 HARDWARE / EQUIPMENT 749.63 9721438993 5/26/2023 HARDWARE / EQUIPMENT 740.55 9719221914 5/24/2023 HARDWARE / EQUIPMENT 733.34 9713666379 5/19/2023 HARDWARE / EQUIPMENT 516.64 9715014644 5/22/2023 HARDWARE/ EQUIPMENT 440.92
9720378224 5/25/2023 HARDWARE/ EQUIPMENT 396.35
9715014677 5/22/2023 HARDWARE/ EQUIPMENT 19.74 11,221.86 588910 6/9/2023 025820 GRAY, DANNY G 3662 5/30/2023 MEMORIAL DAY EVENT EXPE 360.00 360.00 588911 6/9/2023 035362 GREEN, ANNA 52624485 5/3/2023 PRINCESS ACADEMY REFUt-- 382.00 382.00 588912 6/9/2023 029858 GREENTECH LANDSCAPE IN(55799 5/31/2023 GREENTECH - WATER FACIL 3,456.00 3,456.00 588913 6/9/2023 002311 HAAKER EQUIPMENT CO., IN,C1A5PQ 5/25/2023 PARTS / HARDWARE 4,598.86 C1A5KY 5/15/2023 PARTS / HARDWARE 554.48 5,153.34
588914 6/9/2023 001140 HACH COMPANY 13593737 5/23/2023 LAB SUPPLIES 3,655.96 13588696 5/17/2023 LAB SUPPLIES 33.07 3,689.03
588915 6/9/2023 034246 HANSON BRIDGETT LLP 1343593 3/20/2023 FOOTHILL EASTERN TRANSF 20,635.00 1345754 4/17/2023 FOOTHILL EASTERN TRANSF 700.00
1348156 5/15/2023 FOOTHILL EASTERN TRANSF 161.00 21,496.00 588916 6/9/2023 023511 HARPER, EVERETT 52623 5/26/2023 ADULT SOFTBALL OFFICIAL 200.00 200.00 588917 6/9/2023 016179 HAULAWAY STORAGE CONT,002128746 5/22/2023 DELIVERY OF 10' BIN AND PF 260.00 260.00 588918 6/9/2023 002045 HIRSCH PIPE & SUPPLY 8916878 5/22/2023 FACILITIES - MAINT. OF BUil 1,112.51 1,112.51 588919 6/9/2023 035363 HOKANSON, BONNIE 52832503 5/8/2023 REFUND OF DEPOSIT 112.50 52832365 5/8/2023 REFUND OF DEPOSIT 50.00 162.50
Page:5
9 apChkLst Final Check List Page: 6
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 588920 6/9/2023 035317 HOLLAND, KAYLEE 52529841 5/1/2023 REFUND - SCHEDULE CONFI 112.00 52530019 5/1/2023 REFUND - SCHEDULE CONFI 112.00 224.00 588921 6/9/2023 030446 HOPP, LINDA 52959808 5/11/2023 REFUND - SCHEDULE CONFI 342.00 342.00 588922 6/9/2023 035364 HUEY,MEGAN 52832123 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588923 6/9/2023 035469 IKON BUILDERS INC B23-1067 4/24/2023 REFUND OF WMP FEE 250.00 250.00 588924 6/9/2023 007033 IMPERIAL SPRINKLER SUPPL0010860457-001 5/22/2023 IRRIGATION SUPPLIES 362.13 0010950549-00~ 5/25/2023 IRRIGATION SUPPLIES 914.82
0010832234-00~ 5/19/2023 IRRIGATION SUPPLIES 396.60
0010813535-00~ 5/18/2023 IRRIGATION SUPPLIES 276.73
0010832132-00~ 5/19/2023 IRRIGATION SUPPLIES 173.05
0010945186-001 5/25/2023 IRRIGATION SUPPLIES 173.05
0010900783-001 5/23/2023 IRRIGATION SUPPLIES 94.35
0010945051-001 5/25/2023 IRRIGATION SUPPLIES 81.79
0010501315-001 5/25/2023 IRRIGATION SUPPLIES 70.18
0010838516-001 5/19/2023 IRRIGATION SUPPLIES 54.74
0010886585-001 5/23/2023 IRRIGATION SUPPLIES 9.21
0010870419-001 5/22/2023 IRRIGATION SUPPLIES 162.40
0010806593-001 5/18/2023 IRRIGATION SUPPLIES 153.67
0010923928-001 5/24/2023 IRRIGATION SUPPLIES 135.38
0010916992-001 5/24/2023 IRRIGATION SUPPLIES 124.45
0010793321-001 5/25/2023 IRRIGATION SUPPLIES 114.93
0010866214-001 5/22/2023 IRRIGATION SUPPLIES 108.53 3,406.01 588925 6/9/2023 034815 INDEPENDENT TRADING CO. CA675394 5/23/2023 JG SWEATSHIRTS 981.22 CA675369 5/23/2023 JG SWEATSHIRTS 47.15 1,028.37
588926 6/9/2023 014042 INTERNATIONAL CODE COUl\0489280-23 5/26/2023 CITY MEMBERSHIP 265.00 265.00 588927 6/9/2023 025796 INVENTIVE RESOURCES INC 251921 5/12/2023 CARTRIDGES FOR MOE -3 2,866.63 2,866.63 588928 6/9/2023 000498 J & S STRIPING CO, INC 11919 5/22/2023 J & S - TRAFFIC STRIPING & 11 ,723.93 11,723.93 588929 6/9/2023 035365 JANICZAK, ELMA 52832420 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588930 6/9/2023 001964 JOHNSON CONTROLS 23522087 5/10/2023 PARTS/SUPPLIES 616.52 616.52 588931 6/9/2023 008609 JOHNSTONE SUPPLY OF SAf\2124587 5/22/2023 SIGNAL SUPPLIES 68.15 68.15 588932 6/9/2023 0277 50 JOLYN CLOTHING COMPANY INV-382639 5/17/2023 SWIMSUIT FOR LIFEGUARD 43.85 43.85 588933 6/9/2023 035319 JONES, AMIE 52555069 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 588934 6/9/2023 006381 JTB SUPPLY COMPANY, INC 111639 3/7/2023 SIGNAL SUPPLIES 2,844.60 111702 3/21/2023 SIGNAL SUPPLIES 2,334.30 5,178.90
588935 6/9/2023 035320 KANAN! , MEHRAK MEHRAK 52555149 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 Page:6
1 0
apChklst Final Check List Page: 7
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588936 6/9/2023 034140 KANDEV, KATRINA 52834070 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588937 6/9/2023 002615 KATHCO PRODUCTS S23-068 4/4/2023 RAGS 25 BOXES 1,575.99 1,575.99 588938 6/9/2023 035366 KETTLE, LAURINDA 52712719 5/5/2023 RAIN CREDIT REFUND 84.50 84.50 588939 6/9/2023 030068 KILLEBREW, GRETCHEN 52574050 5/2/2023 JR. LIFEGUARD PROGRAM F< 262.00 262.00 588940 6/9/2023 013177 KLEIN, ARYN 52671737 5/4/2023 REFUND - SCHEDULE CONFI 399.00 399.00 588941 6/9/2023 001721 KNORR SYSTEMS INT'L LLC 201 125 5/22/2023 POOL EQUIPMENT 459.00 459.00 588942 6/9/2023 031514 KPFF CONSULTING ENGINEE473566R-18 5/26/2023 PN 11810 - MARIPOSA BEAC~ 9,269.20 9,269.20 588943 6/9/2023 020138 KRIEGER ELECTRIC 32902 5/16/2023 INSTALLED & FURNISHED CC 2,469.00 32903 5/16/2023 INSTALLED & FURNISHED CC 1,950.00 4,41 9.00 588944 6/9/2023 001028 KUSTOM SIGNALS, INC 603487 5/25/2023 REPAIR OF TRAFFIC COUNT 221.00 221.00 588945 6/9/2023 028250 LAWRENCE, ANDREA 52664923 5/4/2023 REFUND - SCHEDULE CONFI 2,308.00 2,308.00 588946 6/9/2023 034142 LEE, LAURA 52555294 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 588947 6/9/2023 035322 LILLl,DANA 52555328 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 588948 6/9/2023 000937 LINDE GAS & EQUIPMENT IN<36041314 5/23/2023 CUSTOMER #71635749 CHEI\ 252.58 252.58 588949 6/9/2023 034647 LOERTSCHER, JOHN 52623 5/26/2023 SOFTBALL OFFICIAL PAYMEt 200.00 200.00 588950 6/9/2023 019706 LOPER, ALI 52834014 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588951 6/9/2023 007564 LOWE'S COMPANIES, INC. 10812 5/19/2023 #0333392 SUPPLIES 997.79 96289 5/22/2023 #0333392 SUPPLIES 848.59
25073 5/24/2023 #0333392 SUPPLIES 413.20
25102 5/25/2023 #0333392 SUPPLIES 353.48 25076 5/24/2023 #0333392 SUPPLIES 334.06 25028 5/24/2023 #0333392 SUPPLIES 184.86 25121 5/25/2023 #0333392 SUPPLIES 25.74 23874 5/24/2023 #0333392 SUPPLIES 4.59
25770 5/23/2023 #0333392 SUPPLIES 121 .65
57668 5/23/2023 #0333392 SUPPLIES 107.98
10513 5/24/2023 #0333392 SUPPLIES 106.37 10518 5/18/2023 #0333392 SUPPLIES 64.05 24730 5/11/2023 #0333392 SUPPLIES 60.40
10780 5/25/2023 #0333392 SUPPLIES 54.01 3,676.77
588952 6/9/2023 035323 MATIASEVICH, CATHERINE 52527600 5/1/2023 REFUND - CHANGED MIND 335.00 335.00 588953 6/9/2023 017313 MCINTOSH, DANNA 52834043 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588954 6/9/2023 000502 MCMASTER-CARR SUPPLY C 98277121 5/23/2023 EQUIPMENT & TOOLS 841.33 98057748 5/18/2023 EQUIPMENT & TOOLS 331.44
98066154 5/18/2023 EQUIPMENT & TOOLS 30.84 1,203.61
Page:7
1 1
apChkLst Final Check List Page: 8
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588955 6/9/2023 011030 MGT OF AMERICA CONSULTl l51145 5/18/2023 PROFFESSIONAL CONSULT Ji 2,977.00 2,977.00 588956 6/9/2023 035098 MILLAR, ASHLEY 52837057 5/8/2023 SWIM LESSON REFUND 112.00 112.00 588957 6/9/2023 035367 MOFFAT, ADAM 52832306 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588958 6/9/2023 004573 MOFFATT & NICHOL ENGINEE00778974 5/22/2023 CONTRACT FOR NATURE BA 15,094.00 15,094.00 588959 6/9/2023 035324 MOORE, ASHLEIGH 52555254 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 588960 6/9/2023 026626 MORTENSON, KRISSY 52835061 5/8/2023 REFUND - SCHEDULE CONFI 342.00 342.00 588961 6/9/2023 034110 MOSS, KIM 52555106 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 588962 6/9/2023 006627 MUNI WATER DIST OF ORAN<11146 5/15/2023 MWDOC CHARGES RELATE[ 546,443.79 546,443.79 588963 6/9/2023 003762 NATIONAL CONST RENTALS, 7001453 5/16/2023 PORTABLE RESTROOMS DAI 1,508.50 6990857 5/5/2023 PORTABLE RESTROOMS DAI 598.01 2,106.51 588964 6/9/2023 007 465 NINYO & MOORE, INC. 273739 5/22/2023 LAS BOLAS STORM DRAIN I~ 5,686.25 274051 5/25/2023 RICHARDT. STEED PARK SL 1,200.00 6,886.25 588965 6/9/2023 017930 O'BLENES, JAMES 219 5/9/2023 CERT. RENEWAL REIMBURS 60.00 60.00 588966 6/9/2023 030289 OCCUPATIONAL HEALTH CTR79113368 5/3/2023 PHYS LEVEL 2, DOT PHYSIC, 880.00 79252918 5/17/2023 PHYS LEVEL 2, DOT PHYSIC, 244.00
79186957 5/10/2023 PHYS LEVEL 2, DOT PHYSIC1 240.00
79184888 5/10/2023 PHYS LEVEL 2, DOT PHYSIC, 148.00 1,512.00 588967 6/9/2023 001207 ODP BUSINESS SOLUTIONS 1314642577 5/25/2023 OFFICE SUPPLIES A/C #8983 862.24 862.24 Page: 8
1 2
apChklst Final Check List Page: 9
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588968 6/9/2023 001207 ODP BUSINESS SOLUTIONS 1310749606001 4/27/2023 OFFICE SUPPLIES A/C #8983 216.57 311027570001 4/26/2023 OFFICE SUPPLIES A/C #8983 214.58 307640238001 4/5/2023 OFFICE SUPPLIES A/C #8983 178.03
304780106001 4/19/2023 OFFICE SUPPLIES A/C #8983 16.04
307606686001 4/11/2023 OFFICE SUPPLIES A/C #8983 13.93
307606683001 4/11/2023 OFFICE SUPPLIES A/C #8983 12.89
312333158001 5/12/2023 OFFICE SUPPLIES A/C #8983 11.84
312767138001 5/9/2023 OFFICE SUPPLIES A/C #8983 10.76
307606412001 4/12/2023 OFFICE SUPPLIES A/C #8983 10.25
308969383001 4/13/2023 OFFICE SUPPLIES A/C #8983 40.44
311027343001 4/26/2023 OFFICE SUPPLIES A/C #8983 33.53
306391773001 4/6/2023 OFFICE SUPPLIES A/C #8983 31.04
308261814001 5/11/2023 OFFICE SUPPLIES A/C #8983 28.84
309905834001 5/13/2023 OFFICE SUPPLIES A/C #8983 20.27
307606677001 4/11/2023 OFFICE SUPPLIES A/C #8983 17.99
308556308001 4/14/2023 OFFICE SUPPLIES A/C #8983 53.59
304787343001 4/19/2023 OFFICE SUPPLIES A/C #8983 48.13
312333954001 5/12/2023 OFFICE SUPPLIES A/C #8983 72.31
312320413001 5/8/2023 OFFICE SUPPLIES A/C #8983 61.48
313140342001 5/17/2023 OFFICE SUPPLIES A/C #8983 61.03
308275486001 4/11/2023 OFFICE SUPPLIES A/C #8983 58.46
308251826001 5/11/2023 OFFICE SUPPLIES A/C #8983 58.08 306392456001 4/6/2023 OFFICE SUPPLIES A/C #8983 57.82 304376044001 4/7/2023 OFFICE SUPPLIES A/C #8983 150.42
309942831001 5/15/2023 OFFICE SUPPLIES A/C #8983 135.59 308969847001 4/12/2023 OFFICE SUPPLIES A/C #8983 128.68 310774479001 4/27/2023 OFFICE SUPPLIES A/C #8983 99.25
307648482001 4/6/2023 OFFICE SUPPLIES A/C #8983 86.19
311060568001 5/3/2023 OFFICE SUPPLIES A/C #8983 82.94
312767280001 5/8/2023 OFFICE SUPPLIES A/C #8983 8.47
304080246001 4/5/2023 CREDIT FOR OFFICE SUPPL! -41.37 1,978.07 588969 6/9/2023 025959 OMNI ENTERPRISE INC CSC0517 5/18/2023 JANITORIAL SERVICES 480.00 CSC0518 5/18/2023 JANITORIAL SERVICES 440.00 920.00
588970 6/9/2023 034155 O'NEIL, ERICA 52832098 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588971 6/9/2023 008563 ONESOURCE DISTRIBUTORSS7130623.001 5/23/2023 SUPPLY 4,971.10 4,971.10 Page:9
1 3
apChklst Final Check List Page: 10
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 588972 6/9/2023 003198 ORANGE COUNTY TRANSP AAR145273 5/24/2023 OCTA - LEASE PMTS-USE OF 13,025.00 AR145272 5/24/2023 OCTA - LEASE PMTS-USE OF 740.00
AR145274 5/24/2023 OCTA - LEASE PMTS-USE OF 648.00
AR145275 5/24/2023 OCTA- LEASE PMTS-USE OF 575.00 14,988.00 588973 6/9/2023 001086 ORANGE COUNTY TREAS/TAPW230697 5/15/2023 ANNUAL PAYMENT TO COUN 41,086.70 41 ,086.70 58897 4 6/9/2023 019277 ORIGINAL WATERMEN S82127 5/25/2023 BOARDSHORTS FORM. GOL 48.75 48.75 588975 6/9/2023 012346 PACIFIC PRODUCTS & SVCS,31948 5/12/2023 SIGN POLES 2,922.72 31949 5/12/2023 STREET SIGNS 479.49 3,402.21
588976 6/9/2023 009680 PAR WEST TURF SERVICES 1179207 5/25/2023 PVC FITTING 21 .53 21 .53 588977 6/9/2023 034717 PEDRAZA, CARMEN 52832082 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588978 6/9/2023 027397 PEOPLE FOR IRVINE COMMU031423 5/23/2023 AMERICAN RESCUE PLAN S~ 10,000.00 10,000.00 588979 6/9/2023 035368 PEREIRA, LUDMILA 52827326 5/8/2023 JR. LIFEGUARD PROGRAM J:; 262.00 262.00 588980 6/9/2023 035468 PEREZ. PETE 051523 5/15/2023 PARKING REFUND 3.00 3.00 588981 6/9/2023 029199 PEREZ, ROSIO 52555216 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 588982 6/9/2023 033177 PETERS, ERIKA 52833998 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 588983 6/9/2023 002670 PETTY CASH 053123 5/31/2023 REPLENISH PETTY CASH 462.09 462.09 588984 6/9/2023 002677 PETTY CASH 052223 5/22/2023 REPLENISH PETTY CASH 247.08 247.08 588985 6/9/2023 010978 PETTY CASH 052223 5/22/2023 REPLENISH PETTY CASH 90.18 90.18 588986 6/9/2023 031302 POTTER, KELLY 52624192 5/3/2023 REFUND - SCHEDULE CONFI 342.00 342.00 588987 6/9/2023 035325 POULIOT, GRACE 52555399 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 588988 6/9/2023 033673 POWERCLEAN 7581 5/25/2023 POWERCLEAN - PRES. WASI 5,385.00 5,385.00 588989 6/9/2023 023656 PRECISE WEIGHING SYSTEl\/4001 5/19/2023 CALIBRATION 425.00 425.00 588990 6/9/2023 033634 PRIDESTAFF INC 301667061 5/21/2023 GOLF COURSE GROUNDS Kl , 2,295.20 301663860 5/14/2023 GOLF COURSE GROUNDS Kl 1,960.80 4,256.00 Page: 10
1 4
apChklst Final Check List Page: 11
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 588991 6/9/2023 -- 003616 PRUDENTIAL OVERALL SUPP132188895 5/16/2023 RENTALAND CLEANING OF l 122.82 132188894 5/16/2023 RENTALAND CLEANING OF l 106.43
132190148 5/23/2023 RENTALAND CLEANING OF l 90.13
132190149 5/23/2023 RENTALAND CLEANING OF l 66.65
132191436 5/30/2023 1273601 UNIFORMS RENTAL 60.44
132190146 5/23/2023 1273601 UNIFORMS RENTAL 60.44
132190150 5/23/2023 RENTALAND CLEANING OF l 19.50
132190147 5/23/2023 RENTALAND CLEANING OF l 19.25 132188893 5/16/2023 RENTALAND CLEANING OF l 19.25 132191449 5/30/2023 1372603 UNIFORMS RENTAL 28.1 2
132190159 5/23/2023 1372603 UNIFORMS RENTAL 28.12
132188905 5/16/2023 1372603 UNIFORMS RENTAL 28.12
132191435 5/30/2023 1273604 UNIFORMS RENTAL 27.26
132190145 5/23/2023 1273604 UNIFORMS RENTAL 27.26
132188896 5/16/2023 RENTALAND CLEANING OF l 19.50 723.29 588992 6/9/2023 003798 R & R PRODUCTS, INC CD2754119 2/7/2023 CITY APPAREL 1,206.15 IR102079 5/5/2023 INTEREST FEE 45.21 1,251 .36
588993 6/9/2023 003033 RALPHS GROCERY CO 010643 5/30/2023 BPR A/C # E10007 272.32 272.32 588994 6/9/2023 004113 RANCHO SAN CLEMENTE BU 1030N-052523 5/25/2023 RSCBP ASSN. DUES 910 & 1 C 556.55 91 0N-052523 5/25/2023 RSCBP ASSN. DUES 910 & 1 C 774.1 8 1,330.73 588995 6/9/2023 034177 REAL ESTATE CONSULTING 17262 5/26/2023 REC&S - CITY TRAIL MAINT (: 8,255.00 8,255.00 588996 6/9/2023 001029 RED WING BUSADVANTAGE.2023051103620! 5/11/2023 A/C #36205 I WORK BOOTS 677.72 677.72 588997 6/9/2023 000067 RINCON TRUCK CENTER INC352288 5/16/2023 PARTS 304.31 352495 5/23/2023 PARTS 181 .02
352290 5/16/2023 PARTS 10.53 495.86
588998 6/9/2023 000207 ROD'S TREE SERVICE INC 120-130-23 5/25/2023 TREE WORK 4,500.00 4,500.00 588999 6/9/2023 0354 70 RON MARTZ CONSTRUCTIOI\B22-2305 11/2/2022 REFUND OF WMP FEE 500.00 500.00 589000 6/9/2023 014307 SAN CLEMENTE TIMES LLC 15555 5/26/2023 MEMORIAL DAY AD 574.00 15556 5/26/2023 SHREDDING EVENT PSA 350.00 924.00
589001 6/9/2023 00117 4 SAN DIEGO GAS & ELECTRIC060223 6/2/2023 0025190122526 DISTRIBUTIO 1,031.35 053023 5/30/2023 0015824892008 DISTRIBUTIO 193.59
060123 6/1/2023 0052696685418 DISTRIBUTIO 40.65 1,265.59 589002 6/9/2023 035104 SANCHEZ, MARIELENA 52555342 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 589003 6/9/2023 035311 SANTA MARGARITA PLUMBIN16135-33252 5/15/2023 AC - NEW SHUT OFF VALVE 3,492.57 3,492.57 589004 6/9/2023 029285 SANTA MARGARITA WATER C12177 1/20/2023 FY23 ANNUAL OPERATION Al 5,996.71 5,996.71 Page: 11
15 apChklst Final Check List Page: 12
06/08/2023 10:06:07 AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 589005 6/9/2023 035293 SARTAIN, ERIKA 52973904 5/11/2023 REFUND - SCHEDULE CONFI 262.00 262.00 589006 6/9/2023 031133 SC LIFEGUARD & JR GUARD 031423 5/23/2023 AMERICAN RESCUE PLANS! 10,000.00 10,000.00 589007 6/9/2023 005035 SCHROEDER,KAYNEA 053023 5/30/2023 INSTRUCTOR PAYMENT 16,900.80 16,900.80 589008 6/9/2023 002196 SIERRA ANALYTICAL LABS, I1'3E16004 5/16/2023 WRP TREATMENT WATER QI 3,010.00 3E16002 5/16/2023 POTABLE WATER QUALITY A 2,140.00
3E16003 5/16/2023 RECLAIMED WATER QUALIT' 435.00 5,585.00 589009 6/9/2023 035369 SNYDER, EVAN 52832479 5/8/2023 REFUND OF DEPOSIT 150.00 150.00 589010 6/9/2023 015733 SONITROL GOLD COAST 2132724 6/1/2023 SECURITY SYSTEM CLUB HC 293.99 293.99 589011 6/9/2023 035370 SONNENBERG, JOY 52832348 5/8/2023 REFUND OF DEPOSIT 50.00 50.00 589012 6/9/2023 002755 SOUTH COAST DISTRIBUTIN<300643 5/25/2023 SUPPLIES 4,291.68 300454 5/18/2023 SUPPLIES 160.33 4,452.01
589013 6/9/2023 000170 SOUTH COAST WATER DISTF4-2237 5/24/2023 WATER BILLING 1,657.57 4-2495 5/24/2023 WATER BILLING 156.00
4-2481 5/24/2023 WATER BILLING 99.82
4-2354 5/24/2023 WATER BILLING 97.55 2,010.94
589014 6/9/2023 003204 SOUTHERN CALIF GAS CO, lt052423 5/24/2023 07737028683 GAS SERVICES 7,932.73 052523 5/25/2023 05900755900 GAS SERVICES 1,394.86
052623 5/26/2023 11753986915 GAS SERVICES 84.47 9,412.06 589015 6/9/2023 000208 SOUTHERN COUNTIES FUEL:2383334-IN 5/11/2023 FUEL FOR CYPRUS SHORE F 1,190.64 1,190.64 589016 6/9/2023 022514 STARFISH SIGNS & GRAPHICINV-6563 4/21/2023 NAME PLAQUE 176.52 176.52 589017 6/9/2023 001753 SUMMERS/MURPHY 23-1598 4/27/2023 LOR 21-176 LANDSCAPE PLA 840.00 840.00 589018 6/9/2023 027249 SUMMIT ENVIRONMENTAL Gf2023-6 5/31/2023 CONTRACT PLANNING SER\/ 2,200.00 2,200.00 589019 6/9/2023 022730 THE CPR LADY INC CPR230119 5/23/2023 AHA BLS PROVIDER E-CARD 100.00 100.00 589020 6/9/2023 003436 TONY'S LOCKSMITH 41244 5/17/2023 10-KEY - CALAFIA PUMP STA 19.40 19.40 589021 6/9/2023 003567 TRENCH SHORING CO, INC Rl20298734 5/25/2023 CONCRETE K-RAIL / CYPRU~ 474.00 474.00 589022 6/9/2023 035196 TRINITY EQUIPMENT INC 105425-0001 4/17/2023 UTV 2 SEATER 4X4 RENTAL 390.26 390.26 589023 6/9/2023 035327 TRUBOVITZ, JULIA 52555130 5/1/2023 REFUND OF DEPOSIT 50.00 50.00 589024 6/9/2023 007027 TURF STAR, INC 7280821-00 5/24/2023 IRRIGATION PARTS 428.32 7280821-01 5/25/2023 IRRIGATION PARTS 55.76 484.08
589025 6/9/2023 022435 ULINE, INC. 163937862 5/22/2023 PODIUMS 676.81 676.81 589026 6/9/2023 013331 ULTRA SYSTEMS INC 12771 5/30/2023 STEED PARK ENVIRONMENl 277.50 277.50 589027 6/9/2023 029845 UNITED BLDG & DEVELPMT ~1214 3/15/2023 STEED PK MOVE TALBES 2,064.00 1128 12/30/2022 SANG-STRIP PICKLEBALL CI 950.00
1082 10/21/2022 SWINGS INSTALLATION ATP. 874.00 3,888.00 589028 6/9/2023 033236 US PROFESSIONAL PICKLEB,052523 5/25/2023 INSTRUCTOR PAYMENT 6,624.10 6,624.10 Page: 12
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apChklst Final Check List Page: 13 06/08/2023 10:06:07AM SAN CLEMENTE Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 589029 6/9/2023 034362 USPS 060123 6/1/2023 POSTAGE PRE-PAY ACCOUN 3,000.00 3,000.00 589030 6/9/2023 016334 VISION SERVICE PLAN (CA) 817967207 5/19/2023 CLIENT ID 30005394 VISION F 4,135.68 817967216 5/19/2023 CLIENT ID 30005394 VISION F 783.17 4,918.85 589031 6/9/2023 003374 VULCAN MATERIALS COMPAt73644939 5/17/2023 PAVING MATERIALS 2,315.13 2,315.13 589032 6/9/2023 003242 WALMART COMMUNITY CAR[1648780053 5/19/2023 A/C #645889 1,797.58 1,797.58 589033 6/9/2023 002324 WALTERS WHOLESALE ELECS123134870.001 5/17/2023 MISC PARTS 517.20 517.20 589034 6/9/2023 031 058 WARWICK GROUP CONSULT,23-220-5 6/1/2023 FEDERAL LOBBYING SERVIC 5,000.00 5,000.00 589035 6/9/2023 003356 WATERLINE TECHNOLOGIES5632731 5/22/2023 DELIVERY OF SODIUM HYPE 848.34 5632724 5/22/2023 DELIVERY OF SODIUM HYPE 602.21
5632730 5/22/2023 DELIVERY OF SODIUM HYPE 345.62 1,796.17 589036 6/9/2023 035371 WATT, KOTRYNA 52575722 5/2/2023 REFUND - NOT SATISFIED 151 .00 151.00 589037 6/9/2023 035372 WEISBERG, ANNA 52575549 5/2/2023 REFUND - NOT SATISFIED 151.00 151 .00 589038 6/9/2023 027114 WELLNESS & PREVENTION C52833344 5/8/2023 REFUND OF DEPOSIT 250.00 250.00 589039 6/9/2023 00817 4 WEST COAST SAND & GRAVE611142 5/11/2023 SCREENED FILL SAND 788.15 788.15 589040 6/9/2023 020890 WHIDDEN, PRESLEY 52727011 5/5/2023 CREDIT REFUND 45.00 45.00 589041 6/9/2023 027395 WHITMORE, YVETTE 52578547 5/2/2023 REFUND - SCHEDULE CONFI 262.00 262.00 589042 6/9/2023 035373 WILSON, TAMMY 52795827 5/7/2023 CREDIT ON ACCOUNT REFUI 33.00 33.00 589043 6/9/2023 035374 WIX,NIKI 52688516 5/4/2023 CLASS REFUND - RELOCATII 27.00 27.00 589044 6/9/2023 033248 WRIGHT, ERIKA 52692213 5/4/2023 REFUND - SCHEDULE CONFI 345.00 52690382 5/4/2023 REFUND - SCHEDULE CONFI 124.00 469.00 589045 6/9/2023 011451 XYLEM DEWATERING SOLUT 401252500 5/17/2023 EMERGENCY RENTAL EQUIF 5,236.65 401248993 5/2/2023 EMERGENCY RENTAL EQUIF 543.06
401251150 5/11/2023 EMERGENCY RENTAL EQUIF 374.81 6,154.52 Sub total for BANK OF THE WEST: 6,005,795.63
Page: 13
1 7
apChklst
06/08/2023 10:06:07AM
222 checks in this report.
Final Check List
SAN CLEMENTE
Page: 14
Grand Total All Checks: 6,005,795.63
Page: 14
1 8
City of San Clemente
Summary of Large Dollar Warrants
Wire# Date Vendor/Payee Purpose Amount
2864 6/9/2023 CalPERS Medical Premiums for coverage 235,113.08 2865 6/9/2023 US Army Corp of Engineers Funding -Sand Replenishment State passthrough 4,259,286.00 Check# Date Vendor/Payee Purpose Amount
588865 6/9/2023 Care Ambulance Services Ambulance Services for 4 weeks 128,768.92 588962 6/9/2023 Municipal Water District of OC Purchased water for water fund 546,443.79 55452.01400\34554865.4
ORDINANCE NO. 1752
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, DECLARING A PUBLIC NUISANCE;
AMENDING SECTION 12.32.140 OF THE SAN CLEMENTE
MUNICIPAL CODE TO CLOSE THE PUBLIC BEACHES AT
10:00 PM FOR PUBLIC HEALTH, SAFETY AND
WELFARE; AND FINDING THE ORDINANCE 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
WHEREAS, Section 12.32.140 of the San Clemente Municipal Code (“SCMC”) currently provides for public beaches and the pier in the City of San Clemente, California (“City”) to close at midnight; and
WHEREAS, the City has conducted a survey of beach hours in both Orange and San Diego Counties, revealing that a vast majority of the beaches close at 10:00 p.m.; and
WHEREAS, the State beaches on either side of the City beaches close at 10:00 p.m., creating a situation where bad actors could congregate on City beaches for an additional two hours; and
WHEREAS, there have been a growing number of public safety incidents in the City in the past few weeks, many of which occur late in the evening when there are no lifeguards on duty and fewer members of the public around to witness the crimes; and WHEREAS, over Memorial Day weekend, two Marines were brutally attacked near the San Clemente public pier by a large gathering of youths and related crimes are quickly escalating in the City; and
WHEREAS, there is a need to take immediate action to reduce these crimes and protect public safety, health and welfare; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare caused by keeping the public beaches open between the hours of 10:00 p.m. and midnight; and
WHEREAS, one of the stated purposes of the California Coastal Act is “promote the public safety, health, and welfare” as stated in Public Resources Code section 30001(c); and
1 Agenda Item: 7D
55452.01400\34554865.4
Ordinance No. 1752 Page 2
WHEREAS, pursuant to Public Resources Code section 30005(b), “[n]o provision of [the Coastal Act] is a limitation…[o]n the power of any city or county or city and county to declare, prohibit, and abate nuisances”; and
WHEREAS, SCMC section 8.52.010 defines a public nuisance as including “[a]nything which is injurious to health or is indecent and offensive to the senses…”; and WHEREAS, keeping the public beaches open between the hours of 10:00 p.m. and midnight is injurious to public safety, health and welfare and constitutes a nuisance within the meaning of SCMC section 8.52.010; and
NOW, THEREFORE, the City Council of the City of San Clemente does ordain as follows:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that this Ordinance is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.
The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. Here, the Ordinance involves maintaining an existing use with a reduction in hours of operation. Thus, the Ordinance qualifies for the Class 1 exemption.
Furthermore, none of the exceptions to the use of the Class 1 categorical exemptions identified in State CEQA Guidelines section 15300.2 apply. The Ordinance will not impact an environmental resource of hazardous or critical concern. The Ordinance will not result in a cumulative impact from successive projects of the same type in the same place, over time. There are no unusual circumstances surrounding the project that result in a reasonably possibility of a significant effect on the environment. The project will not damage scenic resources, including trees, rock outcroppings, or similar resources.
The project does not include any hazardous waste sites, and the project will not cause a substantial adverse change in the significance of a historical resource. There is no possibility that the project will cause a direct or reasonably foreseeable indirect effect on the environment. Thus, the Class 1 exemption applies, and no further environmental review is required.
2 55452.01400\34554865.4
Ordinance No. 1752 Page 3
Section 3. Keeping the public beaches open between the hours of 10:00 p.m. and midnight is hereby declared to constitutes a public nuisance. This Ordinance is necessary to abate a public nuisance.
Section 4. Section 12.32.140 of the San Clemente Municipal Code is hereby amended to read as follows (underline indicates additions and strikethroughs represent deletions):
12.32.140 - Use of municipal pier and public beaches.
It shall be unlawful for any person to be upon or use the public pier between twelve (12:00) midnight and four (4:00) a.m. and any public beach of the City between the hours of ten (10:00) p.m. twelve (12:00) midnight and four (4:00) a.m. of the following day. In the event of special circumstances so warranting, the City Manager, in his or her judgment, is authorized and empowered to modify the hours established herein by first filing each such modification and the specified period thereof with the City Clerk. In addition, the City Council may by resolution modify the hours established herein for any business establishment which operates on the public pier or public beach if the Council determines in its sole discretion that such modification will not be contrary to the public health, safety or welfare.
Section 5. This Ordinance shall takes effect 30 days after its adoption or upon securing any approvals, if necessary, and as applicable by the California Coastal Commission, whichever is later.
Section 6. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this resolution are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
Section 7. The City Clerk shall certify the adoption of this ordinance and cause it, or a summary of it, to be published within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933. 3 55452.01400\34554865.4
Ordinance No. 1752 Page 4
Section 7. The custodian of records for this ordinance is the San Clemente City Clerk, and the records compromising the administrative record for this Ordinance are located at 910 Calle Negocio, San Clemente, CA 92673.
APPROVED AND ADOPTED this ____ day of June, 2023.
ATTEST:
_______________________________ __________________________ Laura Campagnolo, City Clerk Chris Duncan, Mayor
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. 1752 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 June, 2023, 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 ______________________, 2023. __________________________
Laura Campagnolo, City Clerk
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, City Attorney
4 AGENDA REPORT
CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 6/20/2023 Agenda Item: 7E
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 will be expiring on June 30, 2023.
Per Council direction on May 16, 2023, staff attempted to negotiate a longer agreement term and termination clause with OCTA. OCTA reviewed the terms of the license agreement and, in light of the recent amendments to the Surplus Land Act, determined that they could not issue a longer-term license to the City. As such, OCTA has kept the one-year license term with automatic one-year renewals. OCTA did agree to a longer termination clause to allow either party to provide a one hundred eighty (180) day prior written notice to terminate the License at any time (rather than the 30- day notice contained in the current license).
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 by providing a 180 day prior written notice.
Fiscal Impact:
A one-time license fee of $2,500 will be due upon the commencement date.
Council Options:
· Adopt Resolution No. 23-29, approving the License Agreement with OCTA for continued use of the CITY OF SAN CLEMENTE Page 1 of 2 Printed on 6/14/2023
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Meeting Date: 6/20/2023 Agenda Item: 7E
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.
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:
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.
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 6/14/2023
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FILE: OC-311
ORANGE COUNTY TRANSPORTATION AUTHORITY
LICENSE AGREEMENT
This LICENSE AGREEMENT ("Agreement") is made and entered into as of ________2023 (“Effective Date”), by and between the ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity ("OCTA"), and CITY OF SAN CLEMENTE ("Licensee"), upon and in consideration of the agreements, covenants, terms and conditions below:
PART I - BASIC LICENSE PROVISIONS
1. Description of License Property: The “License Property” shall be defined as the specific sections of a 2.3-mile-long portion of the OCTA railroad right-of-way in San Clemente, more particularly described in Exhibit “A”, attached hereto and made a part hereof.
2. Use of License Property: Subject to all the terms, conditions and limitations as set forth in Part II of this Agreement, Licensee is granted a non-exclusive license to continue to use, access, repair, and maintain the License Property for its existing beach trail allowing public access and use of the Facility as defined herein. Use of License Property and Facility, including the existing beach trail, is solely limited to pedestrian purposes only and for access by Licensee personnel to maintain and repair the License Property, except before entering the License Property any maintenance vehicles must first obtain prior written authorization from OCTA unless in the case of an emergency wherein emergency vehicles may access the License Property without prior written authorization from OCTA in response to an emergency.
3. Commencement Date: Notwithstanding the Effective Date set forth above, the Term of the license provided by this Agreement shall commence only upon the date all parties have signed this Agreement (“Commencement Date”).
4. Term: Annually beginning on the Commencement Date with automatic one-year renewals unless one party terminates this Agreement as provided herein
5. License Fees:
One-Time Fee: $2,500.00
6. Insurance Requirements: Insurance requirements are detailed in Section 16, Insurance.
7. OCTA's Address:
ORANGE COUNTY TRANSPORTATION AUTHORITY
550 S. Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attn: Real Property Department
8. Licensee's Address:
ATTACHMENT 1
3 FILE: OC-311
City of San Clemente
Attn: Director of Public Works Department
910 Calle Negocio
San Clemente, CA 92673
9. Facility: Licensee’s Facility is defined as any project, Work (as defined below) and/or improvements to the License Property, which currently consists of an existing pedestrian trail and associated appurtenances, including, but not limited to: a pedestrian walkway, pedestrian at-grade crossings and below grade crossings, landscaping, fencing, retaining walls, rip-rap, pile and rope barriers, gates, handrails, signage, drainage facilities (including culverts, culvert extensions, inlets, drainage pipes, swales and ditches), paving steps, lighting and benches. The License Property and Facility, inclusive of the trail and associated appurtenances, is depicted on Exhibit “A” attached hereto and incorporated herein.
Any and all railroad facilities, structures, tracks, footings, embankments, abutments, or other railroad are not part of the Facility and expressly excluded from the definition of Facility as that term is used in this License.”
As a condition precedent to the use and occupancy of the License Property, if not already acquired for the Facility, Licensee shall acquire all necessary permits and authorizations as required from the California Public Utilities Commission (“CPUC”), Southern California Regional Rail Authority (“SCRRA”) BNSF Railway, and/or OCTA (collectively and individually, “Operators”) for (i) the use and occupancy of the License Property, (ii) any improvements made to the License Property, and/or (iii) any other Work (as defined below) conducted on the License Property (collectively, “ Approval of Operators”). Licensee acknowledges that the Facility may require Approval of Operators from one or all operators (i.e, CPUC, SCRRA, BNSF Railway, and/or OCTA) and Approval of Operators may be further required for any alterations, maintenance, or repairs thereto. If Licensee fails to obtain Approval of Operators for the Facility, OCTA may terminate this Agreement at any time upon written notice to Licensee and immediately bar any further use of the License Property by Licensee, including the public; however, upon termination any indemnification provision set forth in this Agreement shall survive such termination and Licensee shall forfeit any and all License Fees paid to the date of termination.
10. Right to Possession. Licensee’s right to possession and use of the License Property shall be effective and take place upon the Commencement Date.
11. The License Agreement. The BASIC LICENSE PROVISIONS (Part I) above and the GENERAL LICENSE PROVISIONS (Part II) set forth below are incorporated into the other and taken as a whole constitute this Agreement. If any conflict exists between Part I and Part II of this Agreement then Part I shall control.
PART II – GENERAL LICENSE PROVISIONS
1. LICENSE/TERM.
1.1 License. OCTA hereby grants to Licensee a non-exclusive license to use the real property owned by OCTA described on the attached Exhibit “A”, which is incorporated herein by reference, and described in Item 1 of the Basic License Provisions (the "License Property"). The License Property shall be used solely for the limited purpose of construction, installation, operation, alteration, maintenance, reconstruction and/or removal of the Facility described in Item 9 of the Basic License Provisions, and any 4 FILE: OC-311
usual, necessary and related appurtenances thereto, for the purposes described in Item 2 of the Basic License Provisions, together with rights for access and entry onto the License Property as necessary or convenient for the use of the Facility, but all subject to CPUC Approval if so required.
1.2 Licensee Party. In connection with this Agreement, Licensee, its officers, directors, employees, agents, customers, visitors, invitees, licensees, and contractors (collectively, "Licensee Party"), subject to the provisions of this Agreement, may have reasonable rights of entry and access onto the License Property and use thereof. The License Property together with any adjoining real property (or any interest therein) of OCTA or personal property of OCTA located thereon, shall hereinafter collectively be defined and referred to as “OCTA Property.”
1.3 Term of Agreement. The term (“Term”) of this Agreement shall commence on the "Commencement Date" specified in Item 3 of the Basic License Provisions. This Agreement shall continue in full force and effect as provided in Item 4 of the Basic License Provisions until terminated by either party on one hundred eighty (180) days' prior written notice. Licensee, therefore, acknowledges and agrees that notwithstanding any reliance upon this Agreement, including the cost of the Facility or other expenditures incurred by Licensee based upon this Agreement, OCTA shall have the absolute right to terminate this Agreement prior to the date specified in Item 4 in its sole discretion by delivering one hundred eighty (180) days' prior written notice to Licensee.
1.4 Public Use. In addition to any and all other termination rights of OCTA described herein, Licensee hereby expressly recognizes and agrees that the Facility and License Property consist of OCTA Property that may be developed for public projects and programs which may be implemented by OCTA or other public agencies, such as, but not limited to: rail and bus transitways, bikeways, walkways, beautification projects, roadways, parking facilities, flood control and drainage facilities, and/or any other public or other governmental uses (collectively and individually, “Public Use”). As such, Licensee’s use of the License Property under this Agreement is a temporary, interim use as to which Licensee has no right to nor expectation of use for any particular length of time, may be terminated by OCTA by one hundred eighty (180) days written notice to Licensee as set forth in Section 1.3 above, and accordingly, as a condition to entering into this License, Licensee expressly acknowledges and agrees as follows:
(a) OCTA may terminate this License for any Public Use, to be determined in the sole and absolute discretion of OCTA’s Executive Director, or designee; (b) Licensee waives any objection to, opposition, or protest at any public hearing, permitting process, or other approval proceeding and shall not file suit to prevent or delay any Public Use when planned or implemented on the License Property, or any other OCTA Property;
(c) If OCTA’s Executive Director, or designee, at any time, or from time to time, determines in his or her sole and absolute discretion, that there is a need for the License Property or any adjoining property for a Public Use and such Public Use requires relocation, modification, or removal of the Facility, Licensee shall reconstruct, alter, modify, relocate or remove the Facility as directed by OCTA or any parties having operating rights over the License Property, at Licensee’s sole cost and expense, within thirty (30) days after written notice from OCTA or as agreed upon by the parties if thirty (30) days is not a reasonable amount of time to eliminate the conflict; and
(d) Licensee expressly assumes all risk of any future Public Use as determined by OCTA and in the event, OCTA terminates this License and requires Licensee to vacate the License Property for any Public Use, Licensee agrees and acknowledges that 5 FILE: OC-311
Licensee shall not, as a result of such termination and vacation of the License Property, be entitled to receive any:
(i) relocation assistance, moving expenses, goodwill or other payments under the Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 U.S.C. §4601 et seq. and/or the California Relocation Assistance Law, as amended, California Government Code §7260 et seq.; or
(ii) compensation under any eminent domain or inverse condemnation law, including under California Eminent Domain Law (Government Code § 1230.010 et seq.).
1.5 Condition of License Property. Licensee acknowledges that it has inspected and accepts the License Property in its present condition as suitable for the use for which this license is granted.
Execution of this Agreement by Licensee shall be conclusive to establish that the License Property is in a condition which is satisfactory to Licensee as of the Commencement Date.
2. PAYMENTS. – Intentionally Omitted.
3. TAXES. Licensee shall be liable for and agrees to pay promptly and prior to delinquency, any tax or assessment, including but not limited to any possessory interest tax, levied by any governmental authority: (a) against the Facility and its operations, the License Property, and/or any personal property, fixtures or equipment of Licensee used in connection therewith, or (b) as a result of any Licensee Party’s’ use of the License Property, or the Facility.
4. CONSTRUCTION OF FACILITY AND RESTORATION.
4.1 Work on License Property. All construction work performed or caused to be performed by Licensee on the Facility or the License Property shall be performed in accordance with and any and all applicable laws, rules and regulations of Operators in place at the time or as may be amended and performed in a manner which (i) meets or exceeds the then applicable standards of the industry for such construction work, and (ii) is satisfactory to Operators . Prior to commencement of any construction, maintenance, reconstruction, installation, restoration, alteration, repair, replacement or removal (other than normal maintenance) (hereinafter, "Work") on the License Property, Licensee shall submit work plans to OCTA for review and approval and if required, to all other Operators if so required for use and occupancy of the Facility. Any such Work must be carried out pursuant to Work plans approved in writing by OCTA and/or any other Operators wherein such approval is at the sole discretion of OCTA and/or any other Operators. In addition, Licensee shall provide OCTA and all holders of underground utility facilities located within the License Property with at least ten (10) days' written notice prior to commencement of any Work on the License Property or the Facility, except in cases of emergency, in which event Licensee shall notify OCTA's representative personally or by phone prior to commencing any Work.
5. CONTRACTORS - APPROVAL AND INSURANCE. Any contractors of Licensee performing Work on the Facility or the License Property shall first be approved in writing by OCTA. With respect to such Work, Licensee shall, at its sole cost and expense, obtain and maintain in full force and effect, throughout the term of such Work, insurance, as required by OCTA, in the amounts and coverages specified on, and issued by insurance companies as specified in Section 16, Insurance and Exhibit “B”, of this Agreement.
Additionally, Licensee shall cause any and all of its contractors and subcontractors which may (a) be involved with such Work, or (b) may, for any reason, need to enter onto the License Property, to obtain and maintain in full force and effect throughout the term of such Work (as applicable), insurance, as required by OCTA, in the amounts and coverages specified on, and issued by insurance companies as described 6 FILE: OC-311