Agenda packet, regular meeting, third session — San Clemente City Council, July 18, 2023 (part 11 of 11)

a copy of the COE’s tribal consultation letters. Should the COE use a form-letter for their tribal consultation, please only include a copy of one of the letters.

It is also recommended that in future undertakings the COE conduct follow-up emails and/or phone calls to potentially interested consulting parties to ensure a reasonable and good-faith effort has been made to allow for those parties to comment and consult on the Federal undertaking and provide documentation of those conducted efforts to the SHPO.

The COE submitted the following documents to support its determination of the area of potential effects (APE) for the undertaking, to provide evidence of its efforts to identify historic properties, and to support its finding of effect:
 Joint Environmental Impact Statement/Environmental Impact Report, Volume I; San Clemente Shoreline Protection Project, San Clemente, California (Chambers Group 2011)
 Historic Resources Survey Update, City of San Clemente, California (Historic Resources Group 2006)
 Final Mitigated Negative Declaration, San Clemente Beach Replenishment Program (City of San Clemente 2002)
 Maps of the Project Location and Areas of Potential Effects  Results of Hydrographic Survey Using Multibeam Echo Sounder The COE describes the APE as the areas where dredging and placement of sand would occur, consisting of a 940-acre borrow area offshore of Oceanside Harbor and Camp Pendleton and a materials placement area. The vertical extent of the APE is described as up to 6-feet below sediment surface for dredging, the allowable depth of dredging in the offshore APE, although the COE states it is unlikely that the full depth will be excavated across the borrow site. The COE describes the vertical extent of the onshore APE as up to 2-feet below ground surface from the construction of L-shaped berms and deposition of sand on top of the existing beach sediment. The COE provided a map to display their APE.

Pursuant to 36 CFR 800.4(a)(1), I have no comments on the APE.

Efforts to identify historic properties include a review of a records search from 2002, review of a project from 1997 adjacent to the onshore APE, review of COE internal records, archival research, review of pedestrian survey from 2008, and Native American outreach.

The COE states that beginning in 2002, the onshore portion of the APE was subject to a beach replenishment program sponsored by the City of San Clemente that used materials imported from upland sources to mitigate beach erosion, and therefore much of the onshore APE is within imported materials and updated pedestrian survey was therefore not warranted. The COE states that much of the area where work will be performed onshore is located in the surf zone which is a dynamic environment where the sands are constantly moving, and intact archaeological deposits are unlikely to exist. 1169
Jodi Clifford OHP File No. COE_2022_1123_001
in the APE. This resource is described as
Efforts to identify historic properties resulted in the identification of one cultural resource

Page 3 ends

May 4, 2023
the San Clemente Municipal Pier, constructed
by William Ayer in 1928, and the city of San Clemente’s oldest pier. The resource was For the purposes of this undertaking only,
last recorded in 2006 by Historic Resources Group.
the COE is proposing to assume the San
Clemente Municipal Pier is eligible for inclusion in the National Register of Historic iterations of the dredging project and the natur
Places (NRHP) under criteria A and C. The COE states that based upon previous e of the undertaking, the project will not
cause harm to the structure and will have no adverse effect on the pier’s historical integrity. For the purposes of this undertaking only and due to the nature of the By letter received on November 23, 2022, the
proposed project activities, I do not object to this approach.

COE states that they have yet to conduct
identification efforts for the offshore portions of the APE. A 2008 records search (Chambers Group, p. 4-66) identified a cluster of seven historic shipwrecks within or in the vicinity of the borrow area. The COE is proposing to conduct remote sensing surveys prior to the dredging, as described in the 2011 Chambers Group report (Mitigation Measures MM-CR-50-1 and MM-CR-50-2, pp. 5-64 through 5-65). If any submerged cultural resources are identified within the borrow area, the COE states they will ensure the resources shall be avoided by dredging activities. The COE states that has identified a preferred area
while the proposed borrow area is approximately 940 acres, the geotechnical evaluation of 128 acres within this larger area which would allow for The COE has concluded that t
avoidance measures if necessary.
he undertaking would have no adverse effect on historic properties and has requested my review and comment on their finding of effect for the proposed undertaking. After reviewing your letter and supporting documentation, I do not object to a finding of no adverse effect for this undertaking pursuant to 36 CFR If you require further information, please
800.5(c)(1).
contact Aubrie Morlet at (916) 893-8270 or
[email protected]
State Historic Pres
Julianne Polanco
Sincerely,
ervation Officer
1170
C-
1171
ATTACHMENT 10
EJScreen Report (Version 2.11)
City: San Clemente, CALIFORNIA, EPA Region 9
Approximate Population: 64,678
Input Area (sq. miles): 19.11
Selected Variables State
Percentile
Environmental Justice Indexes
Particulate Matter 2.5 EJ index 18
Ozone EJ index 25
Diesel Particulate Matter EJ index • 18
Air Toxics Cancer Risk EJ index . 8
Air Toxics Respiratory HI EJ index . 8
Traffic Proximity EJ index 30
Lead Paint EJ index 22
Superfund Proximity EJ index 17
RMP Facility Proximity EJ index 33
Hazardous Waste Proximity EJ index 19
Underground Storage Tanks EJ index 0
Wastewater Discharge EJ index 6
USA
Percentile
62 53
40 26
33 45
31 36
51 51
23 13
EJ Indexes - The EJ indexes help users screen for potential EJ concerns. To do this, the EJ index combines data on low income and people of color populations with a single environmental indicator.

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April 04, 2023 1/4
1172
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EJScreen Report (Version 2.11)
City: San Clemente, CALIFORNIA, EPA Region 9
Approximate Population: 64,678
Input Area (sq. miles): 19.11
Selected Variables State
Percentile
Supplemental Indexes
Particulate Matter 2.5 Supplement al Index 20
Ozone Supplemental Index 29
Diesel Particulate Matter Supplemental Index • 22
Air Toxics Cancer Risk Supplemental Index• 9
Air Toxics Respiratory HI Supplemental Index• 10
Traffic Proximity Supplemental Index 38
Lead Paint Supplemental Index 27
Superfund Proximity Supplemental Index 18
RMP Facil ity Proximity Supplemental Index 41
Hazardous Waste Proximity Supplemental Index 23
Underground Storage Tanks Supplement al Index 0
Wastewater Discharge Supplemental Index 6
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Please see EJScreen documentation for discussion of these issues before using reports. For additional information, see: www.epa.gov/environmentaljustice.

April 04, 2023 4/4
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 1 of 20 ~ DRAFT ~

CITY OF SAN CLEMENTE

USACE COASTAL STORM DAMAGE REDUCTION PROJECT FINAL EIS/EIR & SEA

MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
JULY 2023
Project Name: San Clemente Coastal Storm Damage Reduction Project Description: The U.S. Army Corps of Engineers (USACE) and the City of San Clemente (City) have prepared a joint Final Feasibility Study and Final Environmental Impact Statement/Environmental Impact Report (FEIS/FEIR) and Supplemental Environmental Assessment and Finding of No Significant Impact (SEA/FONSI) for the Coastal Storm Damage Reduction Project (Project). The FEIS/FEIR evaluates potential options for reducing storm damage related coastal erosion over a 50-year period. The Proposed Project in San Clemente includes construction of a 50-foot-wide beach fill along a 3,412-foot-long stretch of shoreline using 250,000 cubic yards of compatible sediment, with renourishment in same amount every 6 years on average over a 50-year period of Federal participation, for a total of 8 additional nourishments. Material for the beach fills will be dredged from a borrow site located off the coast of San Diego County. Physical monitoring of the performance of the project will be required annually throughout the 50-year period of Federal participation. The Proposed Project would provide coastal storm damage reduction throughout the project areas and would maintain and enhance the existing recreational beach.

Project Location: The project consists of a public beach segment along the San Clemente Shoreline which is 3,412 feet long and borrow site 2A located offshore of Oceanside.

Purpose: The following Mitigation Measure Reporting Program (MMRP) includes Mitigation Measures from the NEPA/CEQA documents as well as other Environmental Monitoring Commitments that are standard operating procedures (SOP) and/or best management practices (BMPs) for such a project and additional project conditions of approval (conditions) and have been incorporated into the Project and are to be implemented before, during, or after construction of the initial fill and renourishment events as required and as noted below in accordance with the FEIS/FEIR and SEA/FONSI. Additional project design features and best management practices, which are not require Mitigation Measures, are also listed in this document in an effort to be as comprehensible as possible.

ATTACHMENT 11
1175
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 2 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference

SEA / FONSI
Green Sea Turtle Monitoring
During dredging, transit to and from the Oceanside Borrow Site, and placement of dredged material at the Placement Area, a qualified biologist or qualified monitor with experience monitoring GST will be onboard the hopper dredge to monitor for the presence of GST. The GST monitor will identify and communicate if there is a need to cease or alter operations to avoid impacts to GST. Additional details in Appendix A (Green Sea Turtle Monitoring Program).

Duration of active
dredging/
placement
activities
USACE and City of
San Clemente
2023

SEA/FONSI
Physical Monitoring Continuing construction monitoring efforts will consist of direct surveys of the beach and seabed morphology. Survey methods will consist of topographic measurements, bathymetric measurements, surf quality observations, and video stereo photogrammetric methods. The monitoring period will begin one year before construction (for the surf quality observations) and continue for the 50- year period of Federal involvement. Beach width measurements shall be obtained from the subaerial portion of the beach. Conventional topographic measurements will be obtained of the sub-aerial portion of the beach and bathymetric measurements of the surf zone and seabed morphology will be obtained using conventional acoustic sonar methods. Measurements will be obtained along pre-determined transects that coincide with historical transect locations, and mass points to develop a well- defined terrain model of the littoral system.

Post-construction USACE and City of
San Clemente
IFR (coastal engineering
appendix); CZMA
(page 8)
California Coastal Commission Federal Consistency Determination Project Conditions Grunion Monitoring (if Project extends into Grunion season) If unanticipated delays result in a time extension of disposal into the grunion season (which is typically March through August), prior to any such sand placement, the USACE will inform the CCC staff, and agree to implement and adhere to the same grunion monitoring measures, mitigation triggers, and mitigation requirements as those adopted by the Commission on June 15, 2011, in its review of the San Diego Association of Governments’ (SANDAG’s) coastal development permit 6-11-018, Condition No. 8 (Grunions).

If construction
extends to March
- August
USACE and City of
San Clemente
2023

SEA/FONSI
(Exhibit 13,
Appendix C)
1176
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 3 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Final Monitoring Plans Prior to commencement of construction, the USACE will provide to the CCC Executive Director, for review and concurrence, a copy of the final Preconstruction Engineering and Design (PED) phase surveys and the subsequent monitoring plans, including:
• the final biological (reef/surfgrass) Mitigation and
Monitoring Plan (MMRP), including all surveys conducted in preparation of that plan; • the surfing monitoring plan; • the turbidity monitoring plan; • the Stormwater Pollution Prevention Plan (SWPPP); and • (e) the Oil Spill Prevention and Response Plan (OSPRP).

Pre-construction Complete USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2)
Biological Resources The final MMRP shall assure:
• that biological monitoring of all offshore potential impact areas shall be for a minimum of 2 years pre-construction and 2 years post construction; • that monitoring and analytical methods are adequate to identify and accurately measure all short- and long-term impacts from the beach nourishment effort; • that appropriate mitigation sites are available to address potential impacts; and
• that the success criteria and analytical methods used are adequate to demonstrate a difference between impact/mitigation site and control sites.

Construction shall not commence until the USACE has received written concurrence from the CCC Executive Director that the MMRP satisfies all these criteria.

Pre-construction
(2 years)
Post-construction
(2 years)
Completed
2018-2020
USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2);
MMRP
Surf Monitoring Adequate baseline data collection, including, if feasible, a full year of preconstruction monitoring to determine the baseline condition. Additional details in Appendix B (Surf Monitoring Program).

Pre-construction Complete USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2 &
Exhibit 15,
Appendix C);
CZMA (page 8)
Construction Staging Plan
The staging plans will assure:
• that staging will not be permitted on public beaches, within public beach parking lots, or in any other location that would otherwise restrict public access to the beach; and Construction USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2)
1177
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 4 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference • that the minimum number of public parking spaces (on and off-street) that are required for the staging of equipment, machinery and employee parking and that are otherwise necessary to implement the project will be used.

Water Resources Plan The SWPPP will assure that:
• the contractor will not store any construction materials or waste where it will be or could potentially be subject to wave erosion and dispersion; • no machinery will be placed, stored or otherwise located in the intertidal zone at any time, except for the minimum necessary to implement the project; • construction equipment will not be washed on the beach; • where practicable, the contractor will use biodegradable (e.g., vegetable oil-based) lubricants and hydraulic fluids, and/or electric or natural gas-powered equipment; and • immediately upon completion of construction and/or when the staging site is no longer needed, the site shall be returned to its preconstruction state.

Construction USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2)
On-going Monitoring Reports to CCC
USACE will provide to the CCC Executive Director all monitoring reports, including biological monitoring (including biological mitigation monitoring), surfing monitoring, turbidity, and spill prevention and response monitoring, long-term shoreline monitoring, and cultural resource surveys.

Construction USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2)
Out-of-kind Mitigation justification to CCC
For any mitigation shown necessary by the post-construction monitoring, USACE will not proceed to implement out-of-kind mitigations (e.g., using kelp habitat to mitigate surfgrass impacts, or providing mid-water habitat to mitigate for shallow water habitat impacts) without showing to the satisfaction of the CCC Executive Director that in-kind mitigation is infeasible. In addition, if out-of-kind mitigation is agreed to and implemented, the mitigation ratio shall be 4:1 (i.e., 4 acres of mitigation for one acre of (impact), and the area measured as the impact area shall be the entire seafloor area (and not, e.g., the acreage of scattered boulders alone).

Construction USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2)
Renourishment Notification to CCC
USACE will notify the Executive Director prior to any reinitiation (after the first phase) of nourishment, and the USACE shall not implement any such renourishment until the CCC Executive Director has received all of the monitoring reports required by Pre-construction
for future/
subsequent
USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2)
1178
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 5 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference that time, reviewed them, and agreed that the biological impacts have been mitigated and affected habitat restored to pre-project conditions. renourishment
events
RWQCB Section 401 Water Quality Certification Permit Conditions Stormwater Management Plan to SDRWQCB
USACE must submit a stormwater management plan for review by the SDRQQCB. The stormwater management plan must include measures for avoiding and minimizing indirect impacts to aquatic resources from Project activities.

Pre-construction
(NLT 30 days
prior)
In Process USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2)
Eelgrass Monitoring A pre-construction eelgrass survey must be completed in accordance with the requirements of the CEMP. If eelgrass identified within 30 ft of project area, USACE must implement best management practices for the protection of eelgrass beds, as described in Attachment 3 of the SDRWQCB Order; and complete a post-construction eelgrass survey, performed by a qualified biologist, within 30 days following the completion of in-water Project activities. The post-construction survey shall be used to quantify and determine mitigation for any losses to eelgrass in conformance with the CEMP.

Pre-construction
(NET 90 days
prior)
Post-construction
(within 30 days if
needed)
USACE and City of
San Clemente
SDRWQCB order
Caulerpa Monitoring If applicable, USACE must conduct a surveillance-level survey for Caulerpa taxifolia and Caulerpa prolifera, in accordance with the requirements in the National Marine Fisheries Service’s Caulerpa Control Protocol, not more than 90 days before the start of in-water Project activities to determine presence/absence of this species within the immediate vicinity of the project. If any Caulerpa are identified during a survey, or at any other time before, during, or within 120 days following completion of authorized activities, both National Marine Fisheries Service and California Department of Fish and Wildlife must be contacted within 24 hours of first noting the occurrence. If any Caulerpa are detected, all disturbing activity must cease until such time as the infestation has been isolated and treated, or the risk of spread from the disturbing activity is eliminated in accordance with the Caulerpa Control Protocol.

Pre-construction
(NET 90 days
prior)
Construction
Post-construction
(120 days after)
USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2)
Water Quality Monitoring
USACE must conduct visual monitoring of Project activities in the Pacific Ocean prior to, during, and after each period of project construction (e.g., pile extraction and driving) as described below. The receiving water visual monitoring Pre-construction
Construction
Post-construction
Ongoing USACE and City of
San Clemente
SDRWQCB order
1179
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 6 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference documentation must be included in the Annual Progress Reports as described in Attachment 2 of the SDRWQCB Order. The following parameters shall be visually monitored immediately outside of the construction area: floating particulates, suspended materials, surface visible turbidity plume; and Grease, oil, sheen, odor, color, or any other significant discoloration of the water surface.

Annual Progress Report
USACE must submit Annual Progress Reports to the SDRWQCB prior to March 1 of each year following the issuance of the Order and continue to provide the reports until the SDRWQCB accepts the Project Completion Notification submitted by the USACE. Annual Progress Reports must be submitted even if Project activities are not conducted during the reporting period. Annual reports must contain the status and anticipated schedule for both the Project and Compensatory Mitigation site(s). Additional requirements for the contents of Annual Progress Reports are detailed in Attachment 2 of the SDRWQCB Order. Annual Progress Reports must include, at a minimum, the following:
• The status and anticipated schedule for completion of Project construction activities, including the installation and operational status of construction best management practices for water quality protection; • A description of any Project construction delays
encountered or anticipated that may affect the schedule; and • Photo documentation of all areas of impact before and after construction. Photo documentation must be conducted in accordance with SDRWQCB posted guidelines.

Annually prior to
March 1 until
project
completion
USACE and City of
San Clemente
SDRWQCB order
Geographic Information System Data
USACE must submit Geographic Information System (GIS) shapefiles and metadata that show the Project site(s) and impact areas associated with the Project. As part of the final Annual Progress Report, the USACE must submit GIS shape files and metadata that show mitigation site(s), including extent and distribution of aquatic resources.

Construction
(within 30 days
of start)
USACE and City of
San Clemente
2023

SEA/FONSI
(Section 5.2)
1180
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 7 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Final EIS/EIR Air Quality Potentially Significant Impact: The EIS/EIR identifies potential significant indirect impact AQ-50-3: Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard.

MM-AQ-50-3.1: The construction contractors shall use on-shore heavy equipment that meets Tier II or higher air pollutant emission standards where these standards are applicable and equipment available. MM-AQ-50-3.2: All heavy equipment shall be maintained and tuned per manufacturer's specifications to perform at California Air Resources Board (CARB) and/or EPA certification, where applicable, levels and to perform at verified standards applicable to retrofit technologies.

Construction USACE and
City of San
Clemente
Final

EIS/EIR
Construction USACE and
City of San
Clemente
Final

EIS/EIR
Potentially Significant and Unavoidable Cumulative Impact: Section 6.2.1 of the EIS/EIR states that construction of the related projects would be short-term and depending on the extent of construction, could have effects similar to or greater than that of the proposed Project. Even with the prescribed mitigation, the proposed action is anticipated to exceed the significance threshold limitations for NOx and PM2.5. In accordance with SCAQMD methodology, projects that exceed the daily threshold values and cannot be mitigated to less than the SCAQMD thresholds add significantly to the cumulative impact. As such, the beach fill Project also is considered as significant and unavoidable at the cumulative level.

Construction USACE and
City of San
Clemente
Final

EIS/EIR
1181
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 8 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Water Resources, Sediments, Oceanography Potentially Significant Impact: The
EIS/EIR identifies potential significant indirect impact WQ-50-1: The water quality objectives in the California Ocean Plan (SWRCB 2005) are violated.

MM-WR-50-1.1: A SWPPP and an OSPRP shall be prepared for all construction activities. These plans shall specify specific measures that shall be taken during dredging and beach construction to avoid introducing contaminants to the ocean via leaks and spills. All measures shall be adhered to during Project construction. MM-WR-50-1.2: Turbidity shall be monitored during dredging. If a visible turbidity plume is observed beyond the immediate dredging area, dredging activities shall be modified (e.g., decrease the rate of dredging, move to a new dredge location) until the turbidity plume disperses. Turbidity also shall be monitored during beach fill operations. If significant turbidity (i.e., a visible turbidity plume beyond the surf zone or rip current area) is observed, beach fill operations shall be modified (e.g., by slowing the rate of fill) until the turbidity plume disperses.

Construction USACE and
City of San
Clemente
Final

EIS/EIR
Potentially Significant Impact: The EIS/EIR identifies potential significant indirect impact WQ-50-2: Project operations or discharges that change background levels of chemical and physical constituents or elevate turbidity would produce long-term changes in the receiving environment of the site, area, or region that would impair the beneficial uses of the receiving water.

MM-WR-50-1.2: Turbidity shall be monitored during dredging. If a visible turbidity plume is observed beyond the immediate dredging area, dredging activities shall be modified (e.g., decrease the rate of dredging, move to a new dredge location) until the turbidity plume disperses. Turbidity also shall be monitored during beach fill operations. If significant turbidity (i.e., a visible turbidity plume beyond the surf zone or rip current area) is observed, beach fill operations shall be modified (e.g., by slowing the rate of fill) until the turbidity plume disperses.

Construction USACE and
City of San
Clemente
Final

EIS/EIR
Biological Resources
MM-BR-50-2.1: An underwater survey for kelp and surfgrass shall be conducted by marine biologists prior to the initiation of beach fill activities. Based on the survey, a mooring location and a pipeline route shall be selected that minimizes contact with surfgrass and kelp habitat. If kelp and surfgrass Preconstruction,
Construction,
and Postconstruction
Preconstruction
monitoring
completed
in 2020
USACE and
City of San
Clemente
Final

EIS/EIR
1182
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 9 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Potentially Significant and Unavoidable Impact: The EIS/EIR identifies potential significant indirect impact BR-50-2: A longterm net loss in the habitat value of a sensitive biological habitat. For the purposes of this analysis, kelp beds, surfgrass beds, and well developed rocky intertidal are considered sensitive biological habitats. cannot be avoided completely, immediately following beach fill activities, another survey of the mooring and pipeline areas shall be conducted to determine whether kelp and surfgrass were damaged. If substantial damage to surfgrass or kelp occurs, an additional survey shall be conducted six months after the beach fill to determine if kelp and surfgrass have recovered. If substantial damage to kelp and eelgrass is still observed, restoration of habitat shall be implemented in consultation with the resource agencies.

MM-BR-50-2.2: Shallow subtidal surfgrass beds in the vicinity of San Clemente Beach shall be monitored to determine whether the proposed action adversely affects shallow subtidal reefs and surfgrass. Underwater transects shall be established offshore and downcoast from the proposed receiver beach. Control transects also shall be established upcoast of the project area. The transects shall be monitored by qualified biologists before and after the proposed action to determine whether the beach fill results in a longterm loss of surfgrass and/or reef habitat. The mitigation and monitoring plan is included as Vol. I, Appendix B. If adverse significant impacts to surfgrass and/or reef habitat compared to controls and baseline conditions are observed from the monitoring, subsequent nourishment activities will be modified to avoid or minimize these impacts as part of adaptive management. If adverse significant impacts still are observed after all reasonable attempts to avoid or minimize impacts have been exhausted, additional renourishment would not occur until impacted surfgrass has recovered or compensatory mitigation is completed. Compensatory mitigation will consist of the creation of shallow rocky habitat in the Project area at a site to be determined in consultation with NOAA Fisheries and CDFG. Rocky reef habitat will be created in the Project area at a ratio of 1 acre of Preconstruction,
Construction,
and Postconstruction
Preconstruction
monitoring
completed
in 2020
USACE and
City of San
Clemente
Final

EIS/EIR
1183
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 10 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference rocky reef habitat created for 1 acre of rocky reef habitat buried. If the monitoring determines that surfgrass has been affected by the Project, an experimental surfgrass restoration will be implemented. A successful method to transplant surfgrass has not been demonstrated, but recent studies by researchers at the University of California, Santa Barbara, have demonstrated some success restoring surfgrass using sprigs (Bull et al 2004).

Biological Resources
Potentially Significant and Unavoidable Impact: The EIS/EIR identifies potential significant indirect impact BR-50-5: Substantial adverse impact on Essential Fish Habitat.

MM-BR-50-2.1: An underwater survey for kelp and surfgrass shall be conducted by marine biologists prior to the initiation of beach fill activities. Based on the survey, a mooring location and a pipeline route shall be selected that minimizes contact with surfgrass and kelp habitat. If kelp and surfgrass cannot be avoided completely, immediately following beach fill activities, another survey of the mooring and pipeline areas shall be conducted to determine whether kelp and surfgrass were damaged. If substantial damage to surfgrass or kelp occurs, an additional survey shall be conducted six months after the beach fill to determine if kelp and surfgrass have recovered. If substantial damage to kelp and eelgrass is still observed, restoration of habitat shall be implemented in consultation with the resource agencies. MM-BR-50-2.2: Shallow subtidal surfgrass beds in the vicinity of San Clemente Beach shall be monitored to determine whether the proposed action adversely affects shallow subtidal reefs and surfgrass. Underwater transects shall be established offshore and downcoast from the proposed receiver beach. Control transects also shall be established upcoast of the project area. The transects shall be monitored by qualified biologists before and after the proposed action to determine whether the beach fill results in a longterm loss of surfgrass and/or reef habitat. If adverse significant impacts to surfgrass and/or reef Preconstruction,
construction
and post
construction.

Preconstruction
monitoring
completed in
2020.

USACE, City
and
Contractors
Final

EIS/EIR
1184
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 11 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference habitat compared to controls and baseline conditions are observed from the monitoring, subsequent nourishment activities will be modified to avoid or minimize these impacts as part of adaptive management. If adverse significant impacts still are observed after all reasonable attempts to avoid or minimize impacts have been exhausted, additional renourishment would not occur until impacted surfgrass has recovered or compensatory mitigation is completed. Compensatory mitigation will consist of the creation of shallow rocky habitat in the Project area at a site to be determined in consultation with NOAA Fisheries and CDFW. Rocky reef habitat will be created in the Project area at a ratio of 1 acre of rocky reef habitat created for 1 acre of rocky reef habitat buried. If the monitoring determines that surfgrass has been affected by the Project, an experimental surfgrass restoration will be implemented. A successful method to transplant surfgrass has not been demonstrated, but recent studies by researchers at the University of California, Santa Barbara, have demonstrated some success restoring surfgrass using sprigs.

Cultural Resources
Potentially Significant Impact: The Project has the potential for significant impact CR-50-1: Result in potentially significant impacts on cultural resources from project implementation.

MM-CR-50-1: Any earthmoving associated with this Project that will involve previously undisturbed soil will be monitored by a qualified archeologist who meets the Secretary of Interior’s Standards for an Archeologist (see 36 CFR Part 61). Earthmoving includes grubbing and ground clearing, grading, and excavation activities. If a previously unidentified cultural resource (i.e., property) that may be eligible for the NRHP is discovered, all earthmoving activities in the vicinity of the discovery shall be diverted until the USACE complies with 36 CFR § 800.13(a)(2).

Construction USACE and
City of San
Clemente
Final

EIS/EIR
MM-CR-50-2: Prior to construction, offshore borrow areas 1 and 2 will be subjected to an underwater remote sensing survey in order to determine if submerged cultural resources are Preconstruction Completed: June 3,
2020
USACE and
City of San
Clemente
Final

EIS/EIR
1185
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 12 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference present within these areas. The USACE will comply with Section 106 of the NRHP and its implementing regulations at 36 CFR 800, as amended. This compliance involves the identification and evaluation of cultural resources and consultation with the California State Historic Preservation Officer (SHPO), Native American tribes, and interested parties.

Noise Potentially Significant Impact: The
Project has the potential for significant impact N-50-4: Result in substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project.

MM-N-50-3.1: The City of San Clemente Noise Element discusses the potential impacts of construction noise on the residents and requires construction to employ feasible and practical techniques and practices that minimize the generation of excessive noise on adjacent land uses. The Applicant shall implement the following:
• Regardless of dredge activity timing, onshore
equipment shall be restricted to the hours included in the City of San Clemente Noise Ordinance discussed above. • To reduce the nuisance value of on-shore
construction noise, on-shore construction activities located within 500 ft (152 m) of any residential unit shall not begin before 8:00 a.m. (as opposed to 7:00 a.m. as allowed in the Noise Ordinance). Work beyond may be performed in accordance with the hours included in the City Noise Ordinance. This provision shall not apply to any equipment mobilizing from the staging area that may pass within 500 ft (152 m) so long as it is not actively engaged in the movement of sand. • During all construction, the Project contractors
shall equip all onshore construction equipment with properly operating and maintained mufflers and engine shrouds consistent with manufacturers’ standards. • All heavy equipment shall be maintained in a
proper state of tune as per the manufacturers’ specifications.

Construction USACE and
City of San
Clemente
Final

EIS/EIR
1186
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 13 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference • The Project contractor shall place any stationary
construction equipment as far as feasible from proximate receptor locations.

Recreation Potentially Significant Impact: The
Project has the potential for significant impact REC-50-4: Result in a safety hazard to recreational beach users.

MM-REC-50-4.1: Provide signs to warn swimmers, waders and surfers of potentially hazardous surf conditions. Provide extra lifeguards.

Construction USACE, City
and
Contractors
Final

EIS/EIR
Potentially significant and unavoidable short term and temporary impacts to Recreation have been identified in EIS/EIR Vol. I, Section 6.2.9 as there is the possibility that the initial beach fill or future maintenance nourishment activity may occur simultaneously along with Dana Point Harbor maintenance dredging activities. The cumulative presence of dredges and related dredging equipment may interrupt recreational activity in the Project vicinity for the duration of construction. Assuming beach use is low during the construction period, as it is planned for fall and winter seasons, cumulative impacts may be potentially significant, but temporary and short term in nature.

MM-REC-50-4.1: Provide signs to warn swimmers, waders and surfers of potentially hazardous surf conditions. Provide extra lifeguards.

Construction USACE, City
and
Contractors
Final

EIS/EIR
Public Health and Safety
MM-WR-50-1.1: A SWPPP and an OSPRP shall be prepared for all construction activities. These plans shall specify specific measures that shall be taken during dredging and beach construction to avoid introducing contaminants to the ocean via leaks and spills. All measures shall be adhered to during Project construction.

PreConstruction
and
Construction
USACE, City
and
Contractors
Final

EIS/EIR
1187
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 14 of 20 Mitigation Measure / Monitoring Commitment Description Period of Compliance Date of Compliance Responsible Party Reference Potentially Significant Impact: The Project has the potential for significant impact PHS-50-1: Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection, police protection, schools, parks, and/or other public facilities.

Construction USACE, City
and
Contractors
Final

EIS/EIR
1188
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 15 of 20 Appendix A – Green Sea Turtle Monitoring Program Details Requirements Period of Compliance Responsible Party Inflow screening must be designed to capture and retain material for the qualified biologist to monitor for the presence of ESAlisted species. The screened area must be accessible to the biological monitor to ensure 100% observer coverage. The biological monitor must inspect the contents of all inflow screening boxes after every load, including opening the box (where applicable and safely accessible) and looking inside at all contents for evidence of ESA-listed species entrainment. If the contents are not clearly visible and identifiable from a location outside of the box, then in limited instances, the biologicalmonitor may be required to enter the inflow box to identify contents for evidence of ESA-listed species take. All hopper dredges are required to have 100% inflow screening unless they must be removed for safety due to clogging as outlined below. • Inflow screening size will start at 4-inch by 4-inch, but may be gradually adjusted to a larger screen size if clogging reduces the ability for the qualified biologist to monitor the inflow for the presence of ESA-listed species or if clogging reduces dredging production and thereby expands the time dredging is required. Scenarios that may result in the clogging of inflow and overflow screens are dredged and project specific. • All modifications will be made in close coordination with the dredging contractor, qualified biologist, appropriate USACE project managers, and NMFS. The USACE will provide NMFS with a notification when screen sizes are increased or inflow screens are removed that will include an explanation of what attempts were made to reduce the clogging problem, how long the problem may persist, and how effective overflow screening will be achieved. • If inflow screens are increased to be larger than 4-inch by 4-inch or are removed due to clogging, the USACE will continue to re-evaluate the risk of clogging on a load by load basis and the inflow screens will be reinstated when clogging is no longer occurring. The USACE will track the number of loads that inflow screens were removed as part of the reporting requirements. • Hopper dredge operators will not open the hydraulic doors on the inflow boxes prior to inspection by the qualified biologist for evidence of ESA-listed take.
• If the inflow box cannot be observed due to clogging, the box contents cannot be dumped or flushed unless overflow screening that captures contents for observation by the qualified biologist is operational and monitored for evidence of take. Once overflow screening is operational, the qualified biologist shall also visually monitor box contents as they are dumped or flushed into the hopper. All hopper dredges are recommended to have operational overflow screening and monitor for take after each load. Overflow screening is required to be installed and monitored after each load if the inflow screening is removed or bypassed due to clogging. • Overflow screening must be designed to capture and retain material larger than the screen size for the qualified biologist to monitor for the presence of ESA-listed species. The screened area must be accessible to the qualified biologist to inspect for evidence of ESA-listed species take. • Screen size will start at 4-inch by 4-inch, but may be adjusted to a larger screen size if clogging reduces the ability for the qualified biologist to monitor the screen for the presence of ESA-listed species or if clogging reduces dredging production and thereby expands the time dredging is required. All modifications will be made in close coordination with the dredging contractor, qualified biologist, appropriate USACE project managers, and NMFS. If screen sizes are increased due to clogging, the risk of clogging will be re-evaluated weekly and the overflow screens will be reinstated using the smallest screen size that can be effectively used (preferably 4 inch by 4 inch) when clogging is no longer occurring.

Construction USACE / City of
San Clemente (via
dredging
contractor)
1189
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 16 of 20 Requirements Period of Compliance Responsible Party To prevent impingement or entrainment of ESA-listed species within the water column, dredging pumps will be disengaged by the operator when the dragheads are not actively dredging and therefore working to keep the draghead firmly on the bottom. Pumps will be disengaged when lowering dragheads to the bottom to start dredging, turning, or lifting dragheads off the bottom at the completion of dredging. Hopper dredges may utilize a bypass or other system that would allow pumps to remain engaged, but result in no suction passing through the draghead.

Construction USACE / City of
San Clemente (via
dredging
contractor)
Pumping water through the dragheads is not allowed while maneuvering or during travel to/from the disposal or pumpout area. The dredge operator will ensure the draghead is embedded in sediment when pumps are operational, to the maximum extent practicable.

Construction USACE / City of
San Clemente (via
dredging
contractor)
If green sea turtles are regularly seen by project monitors in the action area, especially within the vicinity of hopper dredging operations, the USACE shall contact NMFS to discuss implementation of any additional measures to reduce the risks of direct contact injuries or other adverse effects, along with potential modification of the green sea turtle monitoring plan to more specifically evaluate the impacts of the proposed project within this specific area.

Construction USACE / City of
San Clemente (via
dredging
contractor)
If the USACE’s final monitoring and mitigation plan indicates that the currently available pre-construction survey information is inadequate to assess impacts to nearshore rocky reef and associated biological communities, and additional pre-construction physical and biological monitoring is not practicable to implement prior to the first nourishment event, then the USACE should utilize acoustic survey techniques similar to that already obtained for pre-construction purposes (i.e., Nearshore and Wetland Surveys 2018) to assess change in area of rocky reef substrate after completion of sediment placement. In this circumstance, any post-construction reductions in reef area that are measured which exceed a statistically reliable estimate of natural variability within the action area should be assumed to be due to the Project, and the USACE should implement rocky reef creation consistent with the associated environmental commitment in the EIS/EIR, or a functionally equivalent mitigation alternative. In addition, in this circumstance the USACE should assume some reduction in quantity and/or quality of surfgrass habitat and should implement the test surfgrass transplant as planned for in the EIS/EIR.

Post-construction USACE
During any reef construction operations, a qualified biologist will monitor for the presence of ESA-listed green sea turtles. The barge operator will maintain a safe working environment for the qualified biologist. The green sea turtle monitor will identifyand communicate if there is a need to cease or alter operations to avoid impacts to green sea turtles. The biologist or monitorwill clear the construction area and confirm no green sea turtles are present 30 minutes prior to the startup of reef placementoperations. If a green sea turtle is observed within the vicinity of the project site during project operations, all appropriate precautions shall be implemented to avoid or minimize unintended impacts. These precautions include but are not limited to:
• Cessation of operations within 100 feet of an observed green sea turtle; · • Operations may not resume until the green sea turtle has departed the monitoring zone by its own accord or has not been observed for a 15-minute period of time; and
• Maneuver the barge to avoid any free-swimming green sea turtles observed during transit.

Post-construction
if required
USACE
Adequate lighting will be provided during nighttime operations (i.e., dredging, dredge material transport and placement) to allow the monitor to observe the surrounding area effectively.

Construction USACE / City of
San Clemente (via
dredging
contractor)
1190
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 17 of 20 Requirements Period of Compliance Responsible Party The biologist or monitor will clear the dredging area and confirm no GSTs are present 30 minutes prior to the startup of dredging operations.

Construction USACE / City of
San Clemente (via
dredging
contractor)
If a GST is observed within the vicinity of the project site during project operations, all appropriate precautions shall be implemented to avoid or minimize unintended impacts. These precautions include, but are not limited to:
• Cessation of operations within 100 feet of an observed GST; • Operations may not resume until the GST has departed the monitoring zone by its own accord or has not been observed for a 15-minute period of time; and
• Maneuver the hopper dredge to avoid any free-swimming GSTs observed during transit.

Construction USACE / City of
San Clemente (via
dredging
contractor)
Biological monitors will maintain a written log of all GST observations during project operations. This observation log will beprovided to the USACE and NMFS as an attachment to the postconstruction report for the project. Each observation log will contain the following information:
• Observer name and title; • Type of construction activity (maintenance dredging, etc.); • Date and time animal first observed (for each observation); • Date and time observation ended (for each observation). A GST observation will terminate if (1) an animal is observed exiting the monitoring zone or (2) after a 15-minute period of no observation (assumption is that animal has exited, but was not observed to do so);
• Location of monitor (latitude/longitude), direction of GST in relation to the monitor, and estimated distance (in meters) of GST to the monitor; and
• Nature and duration of equipment shutdown.

Construction USACE / City of
San Clemente (via
dredging
contractor)
The Contractor will implement an Environmental Protection Plan that will include a GST Monitoring and Avoidance Plan and an employee training program on GST observation protocols, avoidance, and minimization measures. The program will be conducted by the Biological Monitor and a record kept of dates of training, names and positions of attending employees, and an outline of the training presentation.

Construction USACE / City of
San Clemente (via
dredging
contractor)
In addition to a monitor onboard the hopper dredge, a qualified biologist or qualified monitor with experience monitoring green sea turtles will be onboard any construction barge used for creating rocky reefs as compensatory mitigation, and will monitor for the presence and behavior of green sea turtles.

Post-construction
if required
USACE
Upon completion of each nourishment event and any compensatory mitigation activities, the USACE shall complete a report summarizing all data recorded during all monitoring throughout all phases of the proposed project, including all documentation and summary analysis of the presence and behavior of green sea turtles, effectiveness of the monitoring and avoidance measures, and assessment of any potential impacts that may have occurred throughout the entire proposed action.

Post-construction USACE
Prior to initiating the proposed project, the USACE shall provide NMFS WCR an updated monitoring plan for minimizing and avoiding the impacts of project activities on sea turtles.

Pre-construction USACE
1191
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 18 of 20 Requirements Period of Compliance Responsible Party The USACE shall require project monitors, key contractors and USACE project personnel to attend a project briefing prior to starting work on the proposed project. The project briefing shall review the protocols for minimization and avoidance of impacts to sea turtles as described in this biological opinion, as well as review the latest scientific information regarding green sea turtle ecology in the action area.

Pre-construction USACE / City of
San Clemente (via
dredging
contractor)
Prior to initiating the proposed project and in coordination with NMFS WCR, the USACE shall develop and provide NMFS WCR a detailed final monitoring and mitigation reporting plan regarding Project effects on nearshore rocky reef habitat and associated biological communities. The USACE shall coordinate with Bryant Chesney ([email protected]) prior to final submission. The final plan and any updates shall be provided to Dan Lawson at the email address identified above. The monitoring and mitigation plan shall be developed to address and evaluate the accuracy of key assumptions and expectations regarding the anticipated environmental impacts of the proposed action in comparison to any resulting impacts that do occur; the adequacy of the monitoring and analytical methods to identify and accurately measure impacts from the beach nourishment effort. the physical and biological monitoring of key habitat features throughout the sediment equilibrium footprint, such as the area of bedrock, boulder, cobble, and sand bottom habitat, as well as indicators of habitat quality, such as surfgrass, algae, and invertebrate cover and abundance; the appropriate mitigation sites for rocky reef creation and/or alternative mitigation activities that could enhance the quantity and/or quality of green sea turtle foraging and resting habitat; and the reporting timeline and process for documenting the extent of incidental take of green sea turtles through nearshore reef burial and/or sedimentation. At a minimum, the monitoring plan should report the extent of reef habitat within the sediment equilibrium footprint and quantify any reduction in rocky reef area. In addition, the report shall document any reductions in cover of surfgrass, macroalgae, and sessile invertebrates within the sediment equilibrium footprint. A draft report for each monitoring event shall be provided to NMFS WCR within 60 days following completion of habitat monitoring activities by email to [email protected], with a final report provided within 90 days.

Pre-construction USACE
Prior to initiation of any future beach renourishment events, the USACE shall develop, in coordination with NMFS WCR, a standardized and consistent protocol for assessing impacts to nearshore rocky reef communities for future events based upon consideration of any deficiencies identified in development of the final monitoring and mitigation reporting plan described in 1F above, information collected from monitoring during the initial nourishment event, and other relevant impact assessment approaches used for similar types of projects. The protocol and any updates shall be provided to Dan Lawson at the same email address listed above.

Post-construction USACE
1192
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 19 of 20 Appendix B – Surfzone Monitoring Program
Requirements Period of Compliance Responsible Party Adequate baseline data collection, including, if feasible, a full year of preconstruction monitoring to determine the baseline condition. If this is infeasible, then another local surf site should be monitored as a control (e.g., Lower Trestles, which isalready monitored daily and shown on the website: www.surfline.com).

Pre-construction USACE / City of
San Clemente
Identification of locations to be monitored, the length of the pre-project monitoring, and interest groups to be involved in establishing the monitoring effort to identify surfing or surf quality changes that might be attributable to the nourishment project, including identifying criteria for a determination of what constitutes a significant alteration or impact.

Pre-construction USACE / City of
San Clemente
Supplementing the “wave observation” component of the surf monitoring with observations about the surfing activities, including a usage scale of surfers in the water, both morning and mid-day, and describing the average and maximum ride lengths.

Pre-construction USACE / City of
San Clemente
Given that video recordings are included, if observer counts are too difficult for one observer, video may be used to augment observer counts.

Pre-construction USACE / City of
San Clemente
When collecting user data, the analysis should be disaggregated into weekday and weekend data. Pre-construction USACE / City of San Clemente
For mid-day observations on days when surfers are kept out of the water by lifeguards, these should be recorded as restricted use days (not zero use days).

Pre-construction USACE / City of
San Clemente
Establishing mechanisms for informing the local community about the project, and encouraging public comments on surfing quality (or other recreational concerns), including but not limited to:
• a web site; • pre-construction notifications to the public; and • signs.

Pre-construction USACE / City of
San Clemente
1193
Draft San Clemente Coastal Storm Damage Reduction Project MMRP Page 20 of 20 Appendix C – Additional Operational Recommendations, SOPs and BMPs (Non – NEPA & CEQA RELATED) Standard Operating Procedures and/or Best Management Practices Description Party Responsible Reference
Recreation Contract specifications shall require the contractor to fence/secure off areas of construction from public access, including construction staging areas and active construction areas, including the beach and nearshore zone.

Contractor;
USACE; City of
San Clemente
Final EIS/EIS
Navigational Safety • The dredge would be equipped with markings and lightings in accordance with the U.S. Coast Guard regulations.
• The location and schedule of the dredge would be published in the U.S. Coast Guard Local Notice to Mariners.
• The dredge would travel at very low speeds (approximately 1.5 knots) during dredging operations. • The travel speed during transport would be approximately 5 knots. • During dredging and nourishment activities, proper advanced notice to mariners would be obtained, and navigational traffic would not be allowed within the offshore borrow site area or mooring/discharge area offshore of Oceanside.

Contractor;
USACE
Final EIS/EIR
Commercial Fishing Association Notification
The local commercial fishermen’s association shall be provided with written notification of the intended start date of onshore construction, offshore construction, maps of project-related vessel transportation routes, and its duration. Noticing shall include a point of contact throughout the entire construction phase to respond to concerns regarding interference and/or other issues associated with local commercial fishing operations.

Coast Guard (via
contractor);
USACE
Final EIS/EIR
1194
ATTACHMENT 12
1195

RECORD OF DECISION

SAN CLEMENTE SHORELINE, ORANGE COUNTY, CALIFORNIA
The Final Feasibility Report and the Final Environmental Impact Statement (FR/FEIS) for the San Clemente Shoreline, Orange County, California, dated February 2012, address coastal storm damage reduction opportunities in San Clemente, California. Based on the FR/FEIS, the reviews of other federal, state and local agencies, input from th~ public, and the review by my staff, I find that the plan recommended by the Chief of Engineers is technically feasible, economically justified, in accordance with environmental statutes and in the public interest. Thus, I approve the San Clemente Shoreline Project for construction.

The FR/FEIS documents the evaluation of both structural and non-structural alternatives to reduce coastal storm damages in the San Clemente, California area.

The recommended plan consists of construction of a 50-foot wide protective beach berm which would be renourished to maintain the protection on the average of every 6 years over the 50-year period of federal participation. The beach berm would extend along about 3,400 feet of shoreline and would have a crest elevation of + 17 feet above Mean Lower Low Water. The initial construction would use approximately 251,000 cubic yards of sand. The beach berm would slope toward and into the surf at a ratio of about 8 feet horizontal for every 1 foot vertical (at equilibrium). Material for the beach fill would be dredged from a borrow site off of the coast of San Diego County. Monitoring of the beach profile would be undertaken annually. The recommended plan is the National Economic Development (NED) plan. No compensatory mitigation is included as part of the initial construction; however, additional monitoring of the potential area of impact would be conducted.

Significant impacts to biological resources (i.e., surfgrass) and recreation (i.e., surfing) were not predicted to occur, in large part because of the small construction footprint and the limited schedule necessary for both the initial project implementation, as well as future renourishments. As part of the recommended plan, the Chief of Engineers included consideration of future mitigation measures if monitoring results demonstrate that impacts have not been avoided or minimized. A monitoring plan has been prepared to address potential mitigation, if necessary.

In addition to a "no action" plan, six structural alternatives and one non-structural alternative for coastal storm damage reduction were identified and discussed in the FR/FEIS. The structural alternatives included beach fill, revetments, sheet pile seawalls, breakwaters, offshore reefs and groins. The non-structural alternative that was considered was managed retreat. The no action plan and beach fill alternatives were advanced for final evaluation and are fully described in the FR/FEIS, which is incorporated here by reference. Beach berm widths ranging from O to 197 feet were analyzed. The SO-foot plan was identified as the NED plan. The recommended plan is the 50-foot plan, which is also the environmentally preferrable alternative and the plan 1196
preferred by the local sponsor. All practicable means to avoid or minimize adverse environmental effects have been incorporated into the recommended plan.

The Draft Feasibility Report and Draft Environmental Impact Statement were circulated for public review for 45 days beginning on August 6, 2010. A public meeting was held August 19, 2010. All comments submitted were responded to in the FEIS.

Technical and economic criteria used in the formulation of alternative plans were those specified in the Water Resource Council's Economic and Environmental Principles and Guidelines for Water and Related Land Resource Implementation Studies. All applicable laws, executive orders, regulations and guidelines were considered in the evaluation of alternatives and the selection of the recommended plan.

Based on review of these evaluations, I find that the overall benefits gained with construction of the recommended project serve the public interest and outweigh any adverse effects. This Record of Decision completes the National Environmental Policy Act process.

SEP -6 20l2
Date Jo-Ellen Darcy
A sistant Secretary of t e
(Civil Works)
- 2 -
ATTACHMENT 13

CITY OF SAN CLEMENTE

FINDINGS OF FACT
AND

STATEMENT OF OVERRIDING CONSIDERATIONS

FOR THE
U.S. ARMY CORPS OF ENGINEERS

CITY OF SAN CLEMENTE

COASTAL STORM DAMAGE REDUCTION PROJECT

FINAL ENVIRONMENTAL IMPACT STATEMENT /

FINAL ENVIRONMENTAL IMPACT REPORT
(SCH # 2010084002)
July 2023
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Draft San Clemente Findings of Fact - USACE Page 2 of 24 Table of Contents
INTRODUCTION............................................................................................................................................3

1.0 PROJECT DESCRIPTION ......................................................................................................................5

1.2 Project Location...................................................................................................................................5

1.3 Project Components............................................................................................................................5

1.4 Project Objectives................................................................................................................................6

2.0 ENVIRONMENTAL PROCEDURES.......................................................................................................7

2.2 CEQA Lead Agency ..............................................................................................................................7

2.3 Environmental Impact Statement / Environmental Impact Report .................................................7

2.4 Public Participation .............................................................................................................................7

2.5 Record of Proceedings........................................................................................................................8

3.0 FINDINGS UNDER CEQA......................................................................................................................9

3.2 Purpose................................................................................................................................................9

3.3 Terminology .........................................................................................................................................9

3.4 Legal Effect..........................................................................................................................................9

3.5 Mitigation Monitoring and Reporting Program................................................................................10

4.0 FINDINGS REGARDING POTENTIAL SIGNIFICANT EFFECTS ....................................................... 11

4.1 Air Quality and Meteorology..............................................................................................................11

4.2 Water Resources...............................................................................................................................11

4.3 Biological Resources.........................................................................................................................12

4.4 Cultural Resources............................................................................................................................15

4.5 Noise..................................................................................................................................................16

4.6 Recreation .........................................................................................................................................16

4.7 Public Health and Safety ..................................................................................................................17

5.0 FINDINGS REGARDING EFFECTS THAT ARE NOT SIGNIFICANT................................................. 18

6.0 FINDINGS REGARDING CUMULATIVE SIGNIFICANT EFFECTS .................................................... 19

6.1 Air Quality and Meteorology..............................................................................................................19

6.2 Recreation .........................................................................................................................................20

7.0 FINDINGS REGARDING PROJECT ALTERNATIVES........................................................................ 22

8.0 STATEMENT OF OVERRIDING CONSIDERATIONS......................................................................... 23 1198
Draft San Clemente Findings of Fact - USACE Page 3 of 24

FINDINGS OF FACT

FOR THE
U.S. ARMY CORPS OF ENGINEERS & CITY OF SAN CLEMENTE

COASTAL STORM DAMAGE REDUCTION PROJECT

FINAL ENVIRONMENTAL IMPACT STATEMENT /

FINAL ENVIRONMENTAL IMPACT REPORT AND

SUPPLEMENTAL ENVIRONMENTAL ASSESSMENT
(SCH # 2010084002)

INTRODUCTION
The City Council of the City of San Clemente (“City”) hereby makes the following Findings of Fact concerning the joint Final Environmental Impact Statement/Environmental Impact Report (FEIS/FEIR) (SCH #2010084002) and 2023 Supplemental Environmental Assessment (SEA) and Finding of No Significant Impact (FONSI) for the U.S. Army Corps of Engineers, City of San Clemente Coastal Storm Damage Reduction Project (“Project” or “Proposed Project”), pursuant to the California Environmental Quality Act, Public Resources Code § 21000, et seq. (“CEQA”), and its implementing regulations, California Code of Regulations, title 14, § 15000, et seq. (“CEQA Guidelines”).

The FEIS/FEIR and SEA/FONSI were prepared for the Proposed Project to identify and evaluate potential options for reducing coastal storm damage and beach erosion over a 50-year period.

The Draft EIS/EIR was filed with the U.S. Environmental Protection Agency and was made available to interested parties for review and comment pursuant to regulations of the President's Council on Environmental Quality for implementing NEPA (40 CFR Parts 1500-1508).

The Draft EIS/EIR was circulated for a public review period of 45 days, from August 6 through September 20, 2010, to appropriate resource agencies, local interest groups, and individuals (see EIS/EIR, Vol. 1, Chapter 13 for distribution list). A public meeting was held at the Community Development Office at 910 Calle Negocio, San Clemente, CA 92673, on August 19, 2010, at 7 p.m.

The Notice of Availability and Notice of Completion was filed with the State Clearinghouse/Governor’s Office of Planning and Research and County Clerk for a 45-day public review period beginning August 6, 2010.

The USACE is the Lead Agency for the National Environmental Policy Act (NEPA) and the City of San Clemente is the Lead Agency for CEQA.

The FEIS/FEIR is divided into two volumes as follows:

Volume I
 Final Joint Environmental Impact Statement/Environmental Impact Report (Final EIS/EIR)  Appendix A – 404(b)(1)
 Appendix B – Biological Resources Monitoring Plan
Volume II
 Appendix C – Air Quality Analysis Report
 Appendix D – Coastal Engineering Report
 Appendix E – Geotechnical Report
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Draft San Clemente Findings of Fact - USACE Page 4 of 24 The FEIS/FEIR includes the DEIS/DEIR as required by CEQA Guidelines § 15132. The potential environmental effects, proposed mitigation measures and alternatives analyzed in the DEIS/DEIR and the responses to public and agency comments contained in the FEIS/FEIR have influenced the design and final selection of the Proposed Project. These environmental documents and procedures reflect the City of San Clemente’s commitment to address all environmental considerations identified during the CEQA/NEPA process into the final project selection, design and mitigation and monitoring commitments.

Additionally, the USACE prepared a Supplemental Environmental Assessment (SEA) to evaluate potential effects on green sea turtles and environmental commitments for nearshore rocky reef resources. GST were not known to be present in the project area in 2011 when the Final EIS/EIR was prepared. However, newly available information indicates GST may utilize the project area.

The Draft SEA was published by the USACE on September 30, 2022. The Final SEA and Finding of No Significant Impact (FONSI) prepared by the USACE and published in June 2023. 1200
Draft San Clemente Findings of Fact - USACE Page 5 of 24

1.0 PROJECT DESCRIPTION
The Project is a 50 foot (15 m) resultant beach width. Beach fill would be 3,412 ft (1,040 m) long with a +17 ft (+5.2 m) crest elevation. The dredge volume is estimated to be approximately 251,000 cubic yards (192,000 m3). Maintenance nourishment efforts will occur when the shoreline reaches the 0 ft base beach width (i.e., approximately 35 ft [11 m]) over the project life of 50 years. Maintenance nourishment efforts would return the beach to the design beach width 50 ft (15 m) and would involve up to approximately 251,000 cy (192,000 m3) of material.

1.2 Project Location
The City of San Clemente is located along the coast of southern California about 60 miles south of Los Angeles at the southern end of Orange County near the border with San Diego County. The project site is the public beach in the City of San Clemente and extends along the beach approximately 3,412 ft (1,040 m) from Linda Lane on the north to T-Street on the south and is located within the San Clemente 7.5-minute U.S. Geological Survey (USGS) topographic quadrangle in Section 4 of Township 9 South and Range 7 West.

1.3 Project Components
The Proposed Project is described in additional detail in the FEIS/FEIR, Volume 1. The Proposed Project for coastal storm damage reduction in San Clemente is a Beach Fill Alternative which includes construction of a 50-foot-wide beach fill along a 3,412-foot-long segment of the public beach. At the time of construction, the actual immediate post-construction width is expected to be approximately 76 ft (23 m). The project will require approximately 251,000 cy (192,000 m3) of beach compatible sand. The project is estimated to take 46 working days to construct.

Future renourishment in the amount of 251,000 cubic yards is expected to occur every 5-6 years on average over a 50-year period of Federal participation, for a total of eight additional nourishments.

Material for the beach fills will be dredged from borrow site 2A located south of the City offshore of the City of Oceanside.

Physical monitoring of the performance of the Project will be required annually throughout the 50-year period of Federal participation. This plan would provide coastal storm damage reduction throughout the project reach and would maintain the existing recreational beach.

The Project will be constructed with hopper dredging equipment with pump ashore capability and conventional earthmoving equipment. Typical USACE Los Angeles District beach fill projects require large capacity open-ocean capable dredges. A medium-sized hopper dredge would be used. The hopper dredge effective capacity is estimated at 1,700 cy (1,300 m3) and 3.2 loads per day. The hopper dredge would pump out the dredge material via a 24-inch pipeline at 1,800 cy/hr. (1,376 m3/hr.). The hopper dredge would be filled at the designated borrow site at Oceanside and hauled approximately 21 miles (35 km) to San Clemente. At the receiver beach, the dredge would be attached to a moored floating section of pipeline extending 1,500 ft (457 m) to the shoreline. The material would be re-suspended and discharged through the on-board pumping system to the receiver site.
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Draft San Clemente Findings of Fact - USACE Page 6 of 24 The hopper dredge requires a mono buoy to discharge its sand onto the beach. A mono buoy is a floating pipeline connection platform that is moored to the seafloor and is used to interconnect with a steel sinker pipeline that carries the slurry along the seafloor to the beach. For this Project the mono buoy would be anchored in at least 25 ft (7.6 m) of water, between 2,500 and 5,000 ft (762 m to 1,524 m) from shore and in the appropriate location in relation to sensitive resources and engineering considerations. From one mono buoy location, sand can be pumped directly onshore and up to approximately 2,000 ft (610 m) alongshore in either direction.

Dredging would be performed 24 hours a day, 7 days a week. Shore equipment would work 12 hours a day, 7 days a week. The Project duration is estimated to be four months. Anticipated number of working days is estimated to be 46 working days to complete the project.

Sand would be combined with seawater until it reaches the consistency of slurry. It then would be conveyed to the beach via either pipeline or a combination of hopper dredge and pipeline, as described above.

Existing sand at the receiver site would be used to build a small, “L”-shaped berm to anchor the sand placement operations. The short side of the “L” would be transverse (crosswise) to the shoreline and would be the proposed width. The long side would be parallel to the shore at the seaward edge and would be approximately 200 ft (61 m) long. Berm construction may be adjusted from the design requirements during fill placement depending on actual field conditions. The crosswise side of the berm would be constructed to allow alongshore landward beach access for emergency access at all times. The slurry would be pumped onto the beach between this berm and toe.

The berm reduces ocean water turbidity by allowing all the sand to settle out inside the bermed area while the seawater is channeled along the berm until it reaches the open end where it drains into the ocean.

Temporary dikes within the berm will allow sand to settle in designated areas. Once a 200 ft (61 m) section of berm is filled in with sand, another 200 ft (61 m) of berm would be created, the pipeline would be moved or extended into the new berm area, and the process would begin again. As the material is deposited behind the berm, the sand would be spread using two bulldozers and one front-end loader to direct the flow of the sand slurry and form a gradual slope to the existing beach elevation. The berm would be subject to the forces of the waves and weather once constructed and would eventually settle down to a natural grade for the beach.

1.4 Project Objectives
The Project is intended to accomplish the following objectives:
 Reduce coastal storm damages to property and infrastructure along the study area shoreline and the bluff top, prior to the need for emergency action, throughout the period of analysis.  Improve public safety in the study area by reducing the threat of life-threatening bluff failures caused by wave action against the bluff base, throughout the period of analysis.  Reduce coastal erosion and shoreline narrowing to improve recreational opportunities for beach users within the study area throughout the period of analysis. 1202
Draft San Clemente Findings of Fact - USACE Page 7 of 24

2.0 ENVIRONMENTAL PROCEDURES

2.2 CEQA Lead Agency
Pursuant to CEQA Guidelines section 15367, the City of San Clemente is the “lead agency” for the purpose of preparing the environmental review required by CEQA for the Project.

The FEIS/FEIR and Final SEA/FONSI have been, or will be, used by the City of San Clemente and other agencies in their respective decisions regarding the following actions associated with the Project:
 City of San Clemente: EIR certification and approval of the Proposed Project.  California Coastal Commission: Federal Consistency Determination.  Regional Water Quality Control Board: Clean Water Act Section 401 water quality certification.  State Lands Commission: grant of lease to City of San Clemente for placement of beach compatible sediments in the water area seaward of the mean high tide line.

2.3 Environmental Impact Statement / Environmental Impact Report Pursuant to CEQA Guidelines Section 15080, et seq., the City of San Clemente together with the U.S. Army Corps of Engineers prepared a Draft and Final an Environmental Impact Statement/Environmental Impact Report (“EIS/EIR”) to analyze the potential impacts of the Project on the environment. The FEIS/FEIR consists of two volumes which contain all the information required by CEQA Guidelines section 15132.

2.4 Public Participation
Chapter 9 of Vol. I of the Final EIS/EIR, Vol. I provides a detailed overview of the public participation process for the Draft and Final EIS/EIR process.

As required by CEQA Guidelines §15082, the City issued a Notice of Preparation in August 2010, that summarized the Project, stated their intention to prepare a Feasibility Study and joint EIR/EIS with the USACE, and requested comments from interested parties including State agencies. The NOP was filed with the State Clearinghouse (SCH) on August 5, 2010 and the Project was assigned SCH# 2010084002 which began the 30-day public scoping period. The review period for the NOP ended on September 5, 2010.

To announce the start of the report scoping, a public notice was issued to residents, Federal, State, and Local agencies, and interested groups. The recipients were invited to provide input to the study, including the scoping of the environmental issues that should be addressed throughout the study. The Notice of Intent (NOI) was published in the Federal Register. The Notice of Preparation (NOP) was distributed with the NOI and has been approved by the lead CEQA agency, the City of San Clemente. The notice announced a public workshop, where the public were given the opportunity to comment.

The San Clemente City Council also conducted a public meeting on the Project on March 15, 2011 and the City Council expressed its support for the Proposed Project and endorsed the 50-foot beach fill design alternative, as the recommended project, by the USACE.

A public meeting of the USACE Civil Works Review Board (CWRB) was held on May 12, 2011 to approve issuance of the Draft Feasibility Study and Draft EIS/EIR.

The Draft EIS/EIR was published for a 45-day public review period from August 30, 2011 through September 28, 2011. Comments on the Draft EIS/EIR were received from Federal, State, and local agencies, non-profit organizations, and the public.
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Draft San Clemente Findings of Fact - USACE Page 8 of 24 The Final EIS/EIR was published in February 2012. The USACE utilized a mailing list for public notification purposes that is included in the Final EIS/EIR, Volume I, Chapter 13. The responses to the public comments are included in the FEIS/FEIR as required by CEQA Guidelines sections 15088 and 15132 as detailed in Final EIS/EIR Volume I, Chapter 14.

The City acknowledges receipt of copies of the letters from USACE and understands the letters were sent in response to USACE's publication of the FEIS/FEIR pursuant to NEPA and the USACE has prepared responses to each of the comment letters which are included in the final USACE administrative record and Chief’s Report.

The USACE Chief’s Report was published on April 15, 2012. The USACE published a Record of Decision (ROD) on September 6, 2012.

The San Diego Regional Water Quality Control Board also filed a Notice of Determination (NOD) as a Responsible Agency under CEQA on November 3, 2022 as part of their process to issue the Project regulatory approval.

A public hearing concerning certification of the FEIS/FEIR and approval of the Project was held by the City Council of San Clemente at a regular meeting on July 18, 2023. A public notice of the City Council meeting was published in the newspaper on July 6, 2023 and on the City website on June 29, 2023.

2.5 Record of Proceedings
For purposes of CEQA and the findings set forth below, the administrative record of the City of San Clemente City Council’s decision concerning certification of the Final EIS/EIR and the SEA/FONSI for the Project shall include the following:
 The Draft Feasibility Study and Draft EIS/EIR (DEIS/DEIR) and all appendices (2011);  The Final Feasibility Study and Final EIS/EIR (FEIS/FEIR) and all appendices (2012);  Draft SEA (2022);
 Final SEA and FONSI (2023);
 All documents and other materials listed as references and/or incorporated by reference in the DEIS/DEIR, FEIS/FEIR, Draft and Final SEA and FONSI;
 All reports, reviews, memoranda, maps, letters, and other documents prepared by the staff of the USACE, City of San Clemente and their consultants for the Project which are before the City Council as determined by the City Clerk;
 All documents or other materials submitted by interested persons and public agencies in connection with the DEIS/DEIR, FEIS/FEIR and Draft and Final SEA and FONSI;  The action agenda, video/audio recordings, if any, of the public hearing held on July 18, 2023 concerning the FEIS/FEIR and Final SEA/FONSI for the Project; and  Matters of common knowledge to the City Council and staff and consultants to the City of San Clemente, including but not limited to the Project.

The custodian of the documents and other materials comprising the administrative record of the City of San Clemente’s decision concerning certification of the FEIS/FEIR and Final SEA/FONSI is the Department of Public Works of the City of San Clemente. The location of the administrative record is the City of San Clemente office at 910 Calle Negocio, San Clemente, California 92673. (Public Resources Code § 21081.6(a)(2).)
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Draft San Clemente Findings of Fact - USACE Page 9 of 24

3.0 FINDINGS UNDER CEQA

3.2 Purpose
CEQA requires the City to make written findings of fact for each potentially significant environmental impact identified in the FEIS/FEIR (CEQA Guidelines §15091). The purpose of the findings is to systematically restate the potentially significant effects of the Project on the environment and to determine the feasibility of mitigation measures and alternatives identified in the Final EIS/EIR which would avoid or substantially lessen the significant effects. Once it has adopted sufficient measures to avoid or substantially lessen a significant impact, the City is not required to adopt every mitigation measure identified in the FEIS/FEIR or otherwise brought to its attention. These findings set forth the reasons, and the evidence in support of, the City of San Clemente’s determinations.

These findings incorporate by reference the discussion of potential significant impacts and mitigation measures contained in the FEIS/FEIR. The FEIS/FEIR, which includes the DEIS/DEIR, is referred to in the findings below as the “EIS/EIR.”

3.3 Terminology
A “finding” is a written statement made by the City which explains how it dealt with each potentially significant impact and alternative identified in the FEIS/FEIR. Each finding contains an ultimate conclusion regarding each significant impact, substantial evidence supporting the conclusion, and an explanation of how the substantial evidence supports the conclusion.

For each significant effect identified in the FEIS/FEIR, the City is required by CEQA to make a written finding reaching one or more of the following conclusions:

1. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effect identified in the EIR;

2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency; or

3. Specific legal, economic, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIS/EIR (CEQA Guidelines §15091(a)).

A mitigation measure or an alternative is considered “feasible” if it is capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social and technological factors (CEQA Guidelines §15364).

3.4 Legal Effect
To the extent these findings conclude mitigation measures identified in the FEIS/FEIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself and any other responsible parties, including the USACE and their successors in interest, to implement those mitigation measures following Project authorization by Congress, necessary funding appropriations and construction. These findings are not merely informational but constitute a binding set of obligations upon the City and responsible parties, which will take effect if and when the City adopts a resolution certifying the FEIS/FEIR, SEA/FONSI and the City and/or the responsible agencies adopt resolution(s) approving the Project. 1205
Draft San Clemente Findings of Fact - USACE Page 10 of 24

3.5 Mitigation Monitoring and Reporting Program
In adopting these findings, the City of San Clemente also adopts a mitigation monitoring and reporting program (MMRP) pursuant to Public Resources Code Section 21081.6. This program is designed to ensure the Project complies with the feasible mitigation measures identified below during implementation of the Project. The program is set forth in the “Coastal Storm Damage Reduction Project Mitigation Monitoring and Reporting Program,” which is adopted by the City of San Clemente concurrently with these findings and is incorporated herein by this reference.
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Draft San Clemente Findings of Fact - USACE Page 11 of 24

4.0 FINDINGS REGARDING POTENTIAL SIGNIFICANT EFFECTS
The City Council has certified a Joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the San Clemente Shoreline Protection Project (“Project”). The EIS/EIR identifies nine potentially significant environmental impacts for which findings are required by CEQA Guideline 15091.

The findings for each of those impacts are provided below.

4.1 Air Quality and Meteorology
Potentially Significant Impact: The EIS/EIR identifies potential significant indirect impact AQ-50-3:

Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard.

Finding: Pursuant to CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the Project which avoid or substantially lessen the significant indirect environmental effect to Air Quality (construction phase emissions) as identified in the EIS/EIR.

Facts in Support of Finding: As described in EIS/EIR Vol. I, Section 5.1, Air Quality and Meteorology, and EIS/EIR Vol. 2, Appendix C, Air Quality Analysis Report, the potential significant impact to Air Quality will be mitigated to a level less than significant by the USACE, City of San Clemente or its contractors implementing Mitigation Measures:

MM-AQ-50-3.2: All heavy equipment shall be maintained and tuned per manufacturer's specifications to perform at California Air Resources Board (CARB) and/or EPA certification, where applicable, levels and to perform at verified standards applicable to retrofit technologies.

4.2 Water Resources
Potentially Significant Impact: The EIS/EIR identifies potential significant indirect impact WQ-50-1: The water quality objectives in the California Ocean Plan (SWRCB 2005) are violated.

Finding: Pursuant to CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the Project which avoid or substantially lessen the significant indirect environmental effect to Water Quality (construction phase impacts) as identified in the EIS/EIR.

Facts in Support of Finding: As described in EIS/EIR Vol. I, Section 5.2, Water Resources, the potential significant impact to Water Resources will be mitigated to a level less than significant by the USACE, City of San Clemente or its contractor’s implementing Mitigation Measures:

Turbidity also shall be monitored during beach fill operations. If significant turbidity (i.e., a visible turbidity plume beyond the surf zone or rip current area) is observed, beach fill 1207
Draft San Clemente Findings of Fact - USACE Page 12 of 24 operations shall be modified (e.g., by slowing the rate of fill) until the turbidity plume disperses.

Potentially Significant Impact: The EIS/EIR identifies potential significant indirect impact WQ-50-2: Project operations or discharges that change background levels of chemical and physical constituents or elevate turbidity would produce long-term changes in the receiving environment of the site, area, or region that would impair the beneficial uses of the receiving water.

Finding: Pursuant to CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the Project which avoid or substantially lessen the significant indirect environmental effect to Water Quality (construction and operation phase) as identified in the EIS/EIR.

Facts in Support of Finding: As described in EIS/EIR Vol. I, Section 5.3, Water Resources, the potential significant impact to Water Resources will be mitigated to a level less than significant by the USACE, City of San Clemente or its contractor’s implementing Mitigation Measures:

Turbidity also shall be monitored during beach fill operations. If significant turbidity (i.e., a visible turbidity plume beyond the surf zone or rip current area) is observed, beach fill operations shall be modified (e.g., by slowing the rate of fill) until the turbidity plume disperses.

4.3 Biological Resources
Potentially Significant and Unavoidable Impact: The EIS/EIR identifies potential significant indirect impact BR-50-2: A long-term net loss in the habitat value of a sensitive biological habitat. For the purposes of this analysis, kelp beds, surfgrass beds, and well developed rocky intertidal are considered sensitive biological habitats.

Finding: Pursuant to CEQA Guidelines §15091(a)(3) specific economic, legal, social, technological, or other considerations make it infeasible to reduce the impacts to Biological Resources (sensitive biological habitat) as identified in the EIS/EIR. EIS/EIR Vol. I, and EIS/EIR, Vol. I, Appendix B “Biological Resources Monitoring Plan” to less than significant.

Facts in Support of Finding: The Project has been located, sized, and designed to minimize and avoid direct impacts to kelp, surfgrass, eelgrass and vegetated reefs to the maximum extent feasible. The potential exists however that impacts to offshore aquatic vegetation could be significant even with implementation of mitigation measures BR 50-2.1 and BR 50-2.2.

Per EIS/EIR Vol. I, Section 5.4, no direct placement of sand on the reef is proposed. The equilibrium footprint is demonstrated as potentially extending to inner portions of the reef. Based on the best available scientific and coastal engineering data, it is predicted that there will be negligible effects to the rocky reef and surfgrass vegetation. Monitoring for 2 years immediately post construction is proposed to determine what actual impacts, if any, do occur. After the first four years (2 years pre-action, 2 years post-action) of monitoring, if the rocky reef and surfgrass vegetation illustrate effects based on triggers specifically determined by the marine ecologists deemed most knowledgeable and experience, the current plan is to attempt “in-kind” mitigation as the primary mode. If “in-kind” mitigation is not successful, based on success criteria developed in consultation, the mitigation would be adjusted to “out-of-kind” mitigation. 1208
Draft San Clemente Findings of Fact - USACE Page 13 of 24 Per EIS/EIR Vol. I, Appendix B, Biological Resources Monitoring Plan, if mitigation were required based on results of the post-construction monitoring, rocky reef and surfgrass mitigation shall each be conducted at an equivalent functional value to the impacted area. Because it will take at least two years to identify impacts, some temporal loss of surfgrass, if impacts were to occur, is unavoidable. Recovery of impacted resources will also occur as sand is redistributed within the littoral cell. Additionally, if impacts were to occur, future beach fills would be modified to avoid future impacts; any observed burial of reef or surfgrass would be temporary because sand would be expected to move out of the project area.

If a substantial amount of surfgrass were lost, the impact may remain significant even with mitigation.

Although the beach fill sand would be expected to move out of the equilibrium footprint within 6 years, because models are not precise, it is not clear if surfgrass would recover. If adverse significant impacts to surfgrass are observed from the monitoring, subsequent nourishment activities will be modified to avoid or minimize these impacts as part of adaptive management. If adverse significant impacts still are observed after all reasonable attempts to avoid or minimize impacts have been exhausted, additional renourishment would not occur until impacted surfgrass has recovered or compensatory mitigation is completed. A consistently successful method to transplant surfgrass has not yet been devised, although recent experiments may provide new options. Potential mitigation, if necessary, is described in the Biological Resources Monitoring Plan (EIS/EIR Vol. I, Appendix B).The potential significant impact to Biological Resources will be mitigated by the USACE, City of San Clemente or its contractor’s implementing Mitigation Measures however there is the potential for impacts to remain significant and unavoidable even with mitigation provided:

MM-BR-50-2.2: Shallow subtidal surfgrass beds in the vicinity of San Clemente Beach shall be monitored to determine whether the proposed action adversely affects shallow subtidal reefs and surfgrass. Underwater transects shall be established offshore and downcoast from the proposed receiver beach. Control transects also shall be established upcoast of the project area. The transects shall be monitored by qualified biologists before and after the proposed action to determine whether the beach fill results in a long-term loss of surfgrass and/or reef habitat. The mitigation and monitoring plan is included as Vol. I, Appendix B. If adverse significant impacts to surfgrass and/or reef habitat compared to controls and baseline conditions are observed from the monitoring, subsequent nourishment activities will be modified to avoid or minimize these impacts as part of adaptive management. If adverse significant impacts still are observed after all reasonable attempts to avoid or minimize impacts have been exhausted, additional renourishment would not occur until impacted surfgrass has recovered or compensatory mitigation is completed. Compensatory mitigation will consist of the creation of shallow rocky habitat in the Project area at a site to be determined in consultation with NOAA Fisheries and CDFG. Rocky reef habitat will be created in the Project area at a ratio of 1 1209
Draft San Clemente Findings of Fact - USACE Page 14 of 24 acre of rocky reef habitat created for 1 acre of rocky reef habitat buried. If the monitoring determines that surfgrass has been affected by the Project, an experimental surfgrass restoration will be implemented. A successful method to transplant surfgrass has not been demonstrated, but recent studies by researchers at the University of California, Santa Barbara, have demonstrated some success restoring surfgrass using sprigs (Bull et al 2004).

Potentially Significant and Unavoidable Impact: The EIS/EIR identifies potential significant indirect impact BR-50-5: Substantial adverse impact on Essential Fish Habitat.

Finding: Pursuant to CEQA Guidelines §15091(a)(3) specific economic, legal, social, technological, or other considerations make it infeasible to reduce impacts to Biological Resources (sensitive biological habitat) as identified in the EIS/EIR to less than significant levels. EIS/EIR Vol. I, and EIS/EIR, Vol. I, Appendix B contains a 10-page detailed “Biological Resources Monitoring Plan”.

Facts in Support of Finding: The Project has been located, sized, and designed to minimize and avoid direct impacts to essential fish habitat to the maximum extent feasible. The potential exists however that impacts to offshore essential fish habitat (aquatic vegetation) could be significant and unavoidable even with implementation of mitigation measures BR 50-2.1 and BR 50-2.2 Per EIS/EIR Vol. I, Section 5.4, no direct placement of sand on the reef is proposed. The equilibrium footprint is demonstrated as potentially extending to inner portions of the reef. Based on the best available scientific and coastal engineering data, it is predicted that there will be negligible effects to the rocky reef and surfgrass vegetation. Monitoring for 2 years immediately post construction is proposed to determine what actual impacts, if any, do occur. After the first four years (2 years pre-action, 2 years post-action) of monitoring, if the rocky reef and surfgrass vegetation illustrate effects based on triggers specifically determined by the marine ecologists deemed most knowledgeable and experience, the current plan is to attempt “in-kind” mitigation as the primary mode. If “in-kind” mitigation is not successful, based on success criteria developed in consultation, the mitigation would be adjusted to “out-of-kind” mitigation.

Per EIS/EIR Vol. I, Appendix B, Biological Resources Monitoring Plan, if mitigation were required based on results of the post-construction monitoring, rocky reef and surfgrass mitigation shall each be conducted at an equivalent functional value to the impacted area. Because it will take at least two years to identify impacts, some temporal loss of surfgrass, if impacts were to occur, is unavoidable. Recovery of impacted resources will also occur as sand is redistributed within the littoral cell. Additionally, if impacts were to occur, future beach fills would be modified to avoid future impacts; any observed burial of reef or surfgrass would be temporary because sand would be expected to move out of the project area.

If a substantial amount of surfgrass were lost, the impact may remain significant even with mitigation.

Although the beach fill sand would be expected to move out of the equilibrium footprint within 6 years, it is not clear if surfgrass would recover. If adverse significant impacts to surfgrass are observed from the monitoring, subsequent nourishment activities will be modified to avoid or minimize these impacts as part of adaptive management. If adverse significant impacts still are observed after all reasonable attempts to avoid or minimize impacts have been exhausted, additional renourishment would not occur until impacted surfgrass has recovered or compensatory mitigation is completed. A consistently successful method to transplant surfgrass has not yet been devised, although recent experiments may provide new options.

Potential mitigation, if necessary, is described in the Biological Resources Monitoring Plan (EIS/EIR Vol I, Appendix B).The potential significant impact to Biological Resources will be mitigated by the USACE, City of San Clemente or its contractor’s implementing Mitigation Measures:
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Draft San Clemente Findings of Fact - USACE Page 15 of 24 MM-BR-50-2.1: An underwater survey for kelp and surfgrass shall be conducted by marine biologists prior to the initiation of beach fill activities. Based on the survey, a mooring location and a pipeline route shall be selected that minimizes contact with surfgrass and kelp habitat. If kelp and surfgrass cannot be avoided completely, immediately following beach fill activities, another survey of the mooring and pipeline areas shall be conducted to determine whether kelp and surfgrass were damaged. If substantial damage to surfgrass or kelp occurs, an additional survey shall be conducted six months after the beach fill to determine if kelp and surfgrass have recovered. If substantial damage to kelp and eelgrass is still observed, restoration of habitat shall be implemented in consultation with the resource agencies.

MM-BR-50-2.2: Shallow subtidal surfgrass beds in the vicinity of San Clemente Beach shall be monitored to determine whether the proposed action adversely affects shallow subtidal reefs and surfgrass. Underwater transects shall be established offshore and downcoast from the proposed receiver beach. Control transects also shall be established upcoast of the project area. The transects shall be monitored by qualified biologists before and after the proposed action to determine whether the beach fill results in a long-term loss of surfgrass and/or reef habitat. If adverse significant impacts to surfgrass and/or reef habitat compared to controls and baseline conditions are observed from the monitoring, subsequent nourishment activities will be modified to avoid or minimize these impacts as part of adaptive management. If adverse significant impacts still are observed after all reasonable attempts to avoid or minimize impacts have been exhausted, additional renourishment would not occur until impacted surfgrass has recovered or compensatory mitigation is completed. Compensatory mitigation will consist of the creation of shallow rocky habitat in the Project area at a site to be determined in consultation with NOAA Fisheries and CDFW. Rocky reef habitat will be created in the Project area at a ratio of 1 acre of rocky reef habitat created for 1 acre of rocky reef habitat buried. If the monitoring determines that surfgrass has been affected by the Project, an experimental surfgrass restoration will be implemented. A successful method to transplant surfgrass has not been demonstrated, but recent studies by researchers at the University of California, Santa Barbara, have demonstrated some success restoring surfgrass using sprigs.

4.4 Cultural Resources
Potentially Significant Impact: The Project has the potential for significant impact CR-50-1: Result in potentially significant impacts on cultural resources from project implementation.

Facts in Support of Finding: As described in EIS/EIR Vol. I, Section 5.5, Cultural Resources, the potential significant impact to Cultural Resources will be mitigated to a level less than significant by the USACE, City of San Clemente or its contractors implementing Mitigation Measures:

MM-CR-50-1: Any earthmoving associated with this Project that will involve previously undisturbed soil will be monitored by a qualified archeologist who meets the Secretary of Interior’s Standards for an Archeologist (see 36 CFR Part 61). Earthmoving includes grubbing and ground clearing, grading, and excavation activities. If a previously unidentified cultural resource (i.e., property) that may be eligible for the NRHP is discovered, all earthmoving 1211
Draft San Clemente Findings of Fact - USACE Page 16 of 24 activities in the vicinity of the discovery shall be diverted until the USACE complies with 36 CFR § 800.13(a)(2).

MM-CR-50-2: Prior to construction, offshore borrow areas 1 and 2 will be subjected to an underwater remote sensing survey in order to determine if submerged cultural resources are present within these areas. The USACE will comply with Section 106 of the NRHP and its implementing regulations at 36 CFR 800, as amended. This compliance involves the identification and evaluation of cultural resources and consultation with the California State Historic Preservation Officer (SHPO), Native American tribes, and interested parties.

4.5 Noise
Potentially Significant Impact: The Project has the potential for significant impact N-50-4: Result in substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project.

Facts in Support of Finding: As described in EIS/EIR Vol. I, Section 5.8, Noise the potential significant impact to Noise will be mitigated to a level less than significant by the USACE, City of San Clemente or its contractors implementing Mitigation Measures:

MM-N-50-3.1: The City of San Clemente Noise Element discusses the potential impacts of construction noise on the residents and requires construction to employ feasible and practical techniques and practices that minimize the generation of excessive noise on adjacent land uses. The Applicant shall implement the following:
 Regardless of dredge activity timing, onshore equipment shall be restricted to the hours included in the City of San Clemente Noise Ordinance discussed above.  To reduce the nuisance value of on-shore construction noise, on-shore construction activities located within 500 ft (152 m) of any residential unit shall not begin before 8:00 a.m. (as opposed to 7:00 a.m. as allowed in the Noise Ordinance). Work beyond may be performed in accordance with the hours included in the City Noise Ordinance. This provision shall not apply to any equipment mobilizing from the staging area that may pass within 500 ft (152 m) so long as it is not actively engaged in the movement of sand.  During all construction, the Project contractors shall equip all onshore construction equipment with properly operating and maintained mufflers and engine shrouds consistent with manufacturers’ standards.  All heavy equipment shall be maintained in a proper state of tune as per the manufacturers’ specifications.
 The Project contractor shall place any stationary construction equipment as far as feasible from proximate receptor locations.

4.6 Recreation
Potentially Significant Impact: The Project has the potential for significant impact REC-50-4: Result in a safety hazard to recreational beach users.
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Draft San Clemente Findings of Fact - USACE Page 17 of 24 Finding: Pursuant to CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the Project which avoid or substantially lessen the significant indirect environmental effect to Recreation as identified in the EIS/EIR.

Facts in Support of Finding: As described in EIS/EIR Vol. I, Section 5.9, Recreation the potential significant impact to Recreation will be mitigated to a level less than significant by the USACE, City of San Clemente or its contractors implementing Mitigation Measures:

MM-REC-50-4.1: Provide signs to warn swimmers, waders and surfers of potentially hazardous surf conditions. Provide extra lifeguards.

4.7 Public Health and Safety
Potentially Significant Impact: The Project has the potential for significant impact PHS-50-1: Substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for fire protection, police protection, schools, parks, and/or other public facilities.

Finding: Pursuant to CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the Project which avoid or substantially lessen the significant indirect environmental effect to Public Health and Safety as identified in the EIS/EIR.

Facts in Support of Finding: As described in EIS/EIR Vol. I, Section 5.11, Public Health and Safety the potential significant impact to Public Health and Safety will be mitigated to a level less than significant by the USACE, City of San Clemente or its contractors implementing Mitigation Measures:

Turbidity also shall be monitored during beach fill operations. If significant turbidity (i.e., a visible turbidity plume beyond the surf zone or rip current area) is observed, beach fill operations shall be modified (e.g., by slowing the rate of fill) until the turbidity plume disperses.
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Draft San Clemente Findings of Fact - USACE Page 18 of 24

5.0 FINDINGS REGARDING EFFECTS THAT ARE NOT SIGNIFICANT In addition to Air Quality, Water Resources, Biological Resources, Cultural Resources, Noise, Recreation and Public Health and Safety discussed above, the EIS/EIR analyzed the potential impacts of the Project on the full range of resource topics including:
 Geology and Topography
 Ground and Vessel Transportation
 Land Use and Policy
 Aesthetics
 Socioeconomics and Environmental Justice
The FEIS/FEIR determined that for all the above resource topics, potential project impacts would be less than significant.
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Draft San Clemente Findings of Fact - USACE Page 19 of 24

6.0 FINDINGS REGARDING CUMULATIVE SIGNIFICANT EFFECTS
CEQA requires a lead agency to evaluate the cumulative impacts of a proposed project (CEQA Guidelines §15130(a)). Cumulative impacts are those which are considered significant when viewed in connection with the impacts of other closely related past, present and reasonably foreseeable future projects (CEQA Guidelines §15355). Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.

The EIS/EIR Vol. I, Chapter 6 analyzes cumulative impacts of past, present, and reasonably anticipated future projects producing related or cumulative impacts, including projects outside the agency’s jurisdiction (CEQA Guidelines §15130(b)(1)(A)). The list of “past, present and reasonably anticipated future projects” should include related projects which already have been constructed, are presently under construction, are approved but not yet under construction, and are not yet approved but are under environmental review at the time the draft EIS/EIR is prepared (CEQA Guidelines §15130 [Discussion]). The list must include not only projects under review by the lead agency, but also those under review by other relevant public agencies.

The cumulative projects considered in the EIS/EIS generally considered those projects in the northern Oceanside Littoral Cell including maintenance dredging at the Dana Point Harbor, construction of the SONGS mitigation reef project offshore of the City and railroad operations along the beach in the project vicinity.

Based on the information and analysis provided in Chapter 6, of Vol. I of the EIS/EIR, it was determined that the potential cumulative impacts of the Project would be less than significant for all resources with the exception of Air Quality and Recreation. .

6.1 Air Quality and Meteorology
Potentially Significant and Unavoidable Cumulative Impact: Section 6.2.1 of the EIS/EIR states that construction of the related projects would be short-term and depending on the extent of construction, could have effects similar to or greater than that of the proposed Project. Even with the prescribed mitigation, the proposed action is anticipated to exceed the significance threshold limitations for NOx and PM2.5. In accordance with SCAQMD methodology, projects that exceed the daily threshold values and cannot be mitigated to less than the SCAQMD thresholds add significantly to the cumulative impact. As such, the beach fill Project also is considered as significant and unavoidable at the cumulative level.

Finding: Pursuant to CEQA Guidelines §15091(a)(3), specific economic, legal, social, technological, or other considerations make it infeasible to reduce impacts to Air Quality and Meteorology as identified in the EIS/EIR Vol. I, Sections 5.1 and 6.2 and EIS/EIR Vol. I, Appendix C to less than cumulatively considerable levels.

Facts in Support of Finding: As described in EIS/EIR Vol. I, Section 5.1, Air Quality and Meteorology, Air quality impacts would occur during site preparation, grading, and sporadic maintenance activities required for implementation of the proposed land use. Maintenance could take place once every 6 years depending on need and financial ability. Maintenance would result in a repetition of the initial construction activities.

Project construction may approach the daily threshold for NOx emissions. Applicable mitigation for NOx is included in the project and listed below. The included measures would also reduce ROG and PM2.5 for onshore heavy equipment exhaust. 1215
Draft San Clemente Findings of Fact - USACE Page 20 of 24 The requirement for Tier II heavy equipment, where applicable, could reduce NOx emissions by about 40 percent and particulate emissions by about 25 percent over Tier I equipment levels. A higher percentage reduction would be achieved over the use of equipment-produced prior to Tier I requirements. Because the status of the actual equipment assemblage, as well as those pieces subject to Tier II requirements, is variable, the overall reduction in NOx emissions could be less than the 40 percent reduction noted for the use of Tier II equipment. PM2.5 emissions, assuming TIER II equipment, reduces particulate levels by 25 percent.

Per EIS/EIR Vol. 2, Appendix C, Air Quality Analysis Report, the potential significant cumulative impact to Air Quality cannot be reduced but cannot be fully mitigated to a level less than significant by the USACE, City of San Clemente or its contractors even with implementation of the following Mitigation Measures:

6.2 Recreation
Potentially significant and unavoidable short term and temporary impacts to Recreation have been identified in EIS/EIR Vol. I, Section 6.2.9 as there is the possibility that the initial beach fill or future maintenance nourishment activity may occur simultaneously along with Dana Point Harbor maintenance dredging activities. The cumulative presence of dredges and related dredging equipment may interrupt recreational activity in the Project vicinity for the duration of construction. Assuming beach use is low during the construction period, as it is planned for fall and winter seasons, cumulative impacts may be potentially significant, but temporary and short term in nature.

Finding: Pursuant to CEQA Guidelines §15091(a)(3), specific economic, legal, social, technological, or other considerations make it infeasible to reduce impacts to Recreation as identified in the EIS/EIR Vol. I, Sections 5.9 and 6.2.9 to less than cumulatively considerable levels.

Facts in Support of Finding: As described in EIS/EIR Vol. I, Section 5.9, Recreation, heavy equipment working in an active public use area poses safety issues for adults and children. Children may be prone to come close to the equipment both during equipment operation on the beach and storage within staging areas. Offshore dredge equipment has the potential to result in a hazard to boat traffic. During dredging and nourishment activities, proper advanced notice to mariners would be obtained and navigational traffic would not be allowed within the offshore borrow site area or mooring/discharge area offshore of Oceanside.

It is unlikely that recreational vessels, such as kayaks, sailboats, jet-skiers, and paddleboards would use this area close to shore and close to the Pier. Contract specifications shall require the contractor to fence/secure off areas of construction from public access, including construction staging areas and active.

As noted in EIS/EIR, Vol. I, Section 6.2.9, Recreation, The proposed Project would occur at least two years after the construction of the Wheeler North Reef project and, therefore, would not have any cumulative impacts to recreation in conjunction with that project; however there is a chance that both the Dana Point Harbor maintenance dredging activities will occur during the same time as the project construction operations therefore, the potentially significant cumulative impact to Recreation cannot be mitigated to a level less than significant by the USACE, City of San Clemente or its contractors even with implementing Mitigation Measure:
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Draft San Clemente Findings of Fact - USACE Page 21 of 24 MM-REC-50-4.1: Provide signs to warn swimmers, waders and surfers of potentially hazardous surf conditions. Provide extra lifeguards.
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Draft San Clemente Findings of Fact - USACE Page 22 of 24

7.0 FINDINGS REGARDING PROJECT ALTERNATIVES
In preparing and adopting findings, a lead agency need not necessarily address the feasibility of both mitigation measures or other alternatives when contemplating the approval of a project with significant environmental impacts. Where the significant impacts can be mitigated to a level of less than significant by the adoption of mitigation measures, the lead agency has no obligation in drafting its findings to consider the feasibility of other alternatives including environmentally superior alternatives, even if their impacts would be less severe than those of the project as mitigated.

The EIS/EIR found that all potentially significant environmental impacts of the Project and all potentially cumulatively considerable impacts of the Project are reduced to a level below significance through the implementation of mitigation measures, with the exception of potentially significant and unavoidable impacts to surfgrass on vegetated rocky reef (biological resources).

The EIS/EIR considered a full range of reasonable alternatives to the project including:
 No Action Alternative (i.e., the Do-Nothing Alternative)  Managed Retreat
 Beach Nourishment
 Revetment
 Seawall
 Groins
 Visible Offshore Breakwater
 Submerged Reef
After reviewing the alternatives, beach nourishment emerged as the optimal alternative being both economically feasible and environmentally acceptable. All other alternatives were dropped from further consideration due to a variety of considerations including cost, potential environmental effects, or lack of local support or greater environmental effects.

The USACE then further evaluated 12 beach width scenarios, from 33 to 115 feet, to assess the expected storm damage reduction benefits and costs associated with each beach width scenario. The larger beach fill alternative described in the EIS/EIR Vol. I, Section 3.0, would create a beach berm that is 115 feet in width compared to the 50-feet project width. Thus, this larger project would place more sand on the beach and result in potentially greater impacts in comparison to the project USACE policy requires it to identify the National Economic Development (NED) plan which is the alternative which maximizes the potential economic benefits to the Nation. Of the 12 beach width scenarios, the 50- foot wide (i.e., 15-meter) beach fill alternative was identified as the NED plan.

The USACE was also required to identify a Least Environmentally Damaging Practicable Alternative (LEDPA) which is the alternative that has the fewest potential effects and still meets the Project purpose and objectives. Based on this, the USACE also identified the 50-foot beach width alternative as its Recommended Plan, which is the alternative that was forwarded for authorization and funding by Congress in 2012.
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Draft San Clemente Findings of Fact - USACE Page 23 of 24

8.0 STATEMENT OF OVERRIDING CONSIDERATIONS
As described in Section 4.4 of this document, Project implementation may result in indirect, potentially significant and unavoidable impacts to biological resources (aquatic plant species) on rocky reef substrate offshore of the City. No direct impacts to surfgrass would occur with project implementation as the Project has been located, sized, and designed to minimize and avoid direct impacts to kelp, surfgrass, eelgrass and other aquatic plant species on rocky substrate to the maximum extent feasible.

As stated in the EIS/EIR, the potential exists however that impacts to offshore aquatic vegetation could be significant even with implementation of mitigation measures BR 50-2.1 and BR 50-2.2. The impact assessment is planned to occur as part of the post-construction monitoring effort following Project implementation as part of the MMRP. Mitigation has also been provided to address this potential impact.

However, it is not known if the available mitigation measures will be successful. Thus, there is the potential for impacts to remain significant even with mitigation as outlined in the EIS/EIR, Vol. I, Appendix B.

Additionally, potential air quality and recreational impacts of the project could be potentially cumulatively significant even with mitigation measures in place. Therefore, pursuant to CEQA §15093, the City is required to adopt a ”Statement of Overriding Considerations”.

CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.” When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record.

After due consideration of the multitude of benefits derived from Project implementation, which include local, regional, statewide and federal environmental, economic, public access, recreational and social benefits, the City as the CEQA lead agency hereby finds that the direct benefits of the City’s 50-year coastal storm damage reduction project outweigh the potential unavoidable environmental risks of the Project.

According to the U.S. Department of the Army, Office of the Chief of Engineers, April 2012 Chiefs Report, along the shoreline of San Clemente, a lack of sediment supply to the shoreline has resulted in chronic, mild, and long-term erosion. Without a coastal storm damage reduction project public properties and structures will continue to be susceptible to damages caused by erosion (including land loss and undermining of structures), inundation (structures), and wave attack (structures, railroad). The project area includes the LOS SAN (Los Angeles to San Diego) railroad corridor which is a vital link for passenger and freight service and has been designated as a Strategic Rail Corridor by the Department of Defense. As the protective beach lessens over time and is eventually lost, it is expected that storm waves will act directly upon the railroad ballast, significantly threatening the operation of the LOS SAN railroad line. 1219
Draft San Clemente Findings of Fact - USACE Page 24 of 24 The narrowing beaches are also expected to subject ancillary beachfront public facilities to storm waveinduced damages, and further reduce recreational space on an already space-limited beach. The project was formulated to maximize coastal storm damage reduction, address potential environmental affects, and minimize cost. In accordance with the Corps Engineering Circular (EC 1165-2-211) on sea level change, the study performed a sensitivity analysis to investigate the economic effects that different rates of accelerated sea level rise could have on the recommended plan. The plan was formulated using a historical or low rate of sea level rise, and the sensitivity analysis used additional accelerated rates, which includes both medium and high rates of sea level rise. The sensitivity analysis indicates that at higher rates of sea level rise, renourishment intervals increase and the reduction of storm damages decreases, and the project continues to be warranted and economically justified.

Continued future shoreline erosion is expected to result in storm waves breaking directly upon the public beach and railroad ballast located at the back of the beach, which significantly threatens the operation of the rail corridor. Continued future shoreline erosion also will subject public facilities and critical public infrastructure to storm wave-induced damages. These facilities, maintained by the City of San Clemente, include the Marine Safety Building, public restroom facilities located on the beach, lifeguard stations, parking areas, the California Coastal Trail and the City’s municipal pier. The railroad is a vital transportation link for passenger and freight service between cities in San Diego, Orange, and Los Angeles counties. The Department of Defense has designated this right of- way as a Strategic Rail Corridor with great significance to National defense. Due to chronic beach erosion, the railroad corridor between the bluff and the beach is threatened by undermining. Metrolink has been taking emergency actions to place additional rocks/riprap along the segment between North Beach and the Marine Safety Building to reduce wave energy impacts along the beach.

Train service has been delayed during winter storm events in order to provide extra precautionary measures to allow trains to move safely through the area. Crews are dispatched during high tide and storm conditions to visually inspect for track damage that could potentially cause derailments. The impact of riprap placement over the years has resulted in a cumulative decrease of lateral beach access.

Thus, it is in this sense, that the City finds that the potential adverse effects on surfgrass, air quality and short-term recreation may be considered acceptable in light of the long-term benefits to be generated by the project.

The City hereby includes this statement of overriding considerations in the record of the project and will note this action on the Notice of Determination to be filed with the County Clerk following project approval. 1220

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RECORDED AT THE REQUEST OF
AND WHEN RECORDED MAIL TO:

STATE OF CALIFORNIA
California State Lands Commission
Attn: Land Management Division
100 Howe Avenue, Suite 100-South
Sacramento, CA 95825-8202

STATE OF CALIFORNIA

OFFICIAL BUSINESS
Document entitled to free recordation
pursuant to Government Code Section
27383

SPACE ABOVE THIS LINE FOR RECORDER'S USE
County: Orange
A3750
LEASE NO.

This Lease consists of this summary and the following attached and incorporated parts:

Section 1 Basic Provisions
Section 2 Special Provisions Amending or Supplementing Section 1 or 3 Section 3 General Provisions
Exhibit A Land Description
Exhibit B Site and Location Map
Exhibit C Mitigation Monitoring Program
SECTION 1: BASIC PROVISIONS
THE STATE OF CALIFORNIA, hereinafter referred to as Lessor acting by and through the CALIFORNIA STATE LANDS COMMISSION (100 Howe Avenue, Suite 100-South, Sacramento, California 95825-8202), pursuant to Division 6 of the Public Resources Code and Title 2, Division 3 of the California Code of Regulations, and for consideration specified in this Lease, does hereby lease, demise, and let to CITY OF SAN CLEMENTE hereinafter referred to as Lessee, those certain lands described in Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms, covenants, and conditions of this Lease.

ATTACHMENT 14
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MAILING ADDRESS:
910 Calle Negocio
San Clemente, CA 92673
LEASE TYPE:

General Lease – Public Agency Use
LAND TYPE:

Sovereign
LOCATION:

In the Pacific Ocean, in the City of San Clemente and near Oceanside, as described in Exhibit A attached and by this reference made a part hereof.

LAND USE OR PURPOSE:

Dredging of the Pacific Ocean from borrow site designated SO-9; placement of a 50- foot-wide beach fill along an approximately 3,400 foot-long stretch of shoreline in the City of San Clemente for 251,000 cubic yards (cy) of compatible sediment with renourishment of 251,000 cy every six years on average; under the San Clemente Shoreline Protection Project.

TERM:
49 years; beginning August 17, 2023; ending August 16, 2072, unless sooner terminated as provided under this Lease.

CONSIDERATION:

The public use and benefit, with Lessor reserving the right at any time to set a monetary rent if Lessor finds such action to be in the State’s best interests. Subject to modification by Lessor as specified in Paragraph 3(c) and (e) of Section 3 - General Provisions.

LIABILITY INSURANCE:

Liability insurance in an amount no less than $1,000,000 per occurrence as specified in Section 3, Paragraph 9 “Insurance”; Lessee may satisfy all or part of the insurance requirement through maintenance of a staff-approved self-insurance program as specified in Section 2, Paragraph 16.

SURETY BOND OR OTHER SECURITY:
$0
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SECTION 2: SPECIAL PROVISIONS

BEFORE THE EXECUTION OF THIS LEASE, ITS PROVISIONS ARE AMENDED, REVISED, OR SUPPLEMENTED AS FOLLOWS:

1. Under Lessee’s San Clemente Shoreline Protection Project, Lessee is authorized during the lease term to place a maximum of 2,259,000 cubic yards of sand over 49 years at the City of San Clemente receiver site, as described in Exhibit A attached and by this reference made a part hereof, and as shown on Exhibit B attached for reference purposes only. For purposes of this Lease, each sand placement project performed under the Program is referred to as a “beach replenishment event,” and all beach replenishment events are referred to collectively as “beach replenishment activities.”

2. Prior to each beach replenishment event, Lessee shall provide Lessor a mean high tide line survey of the receiver site for Lessor’s staff review. The survey must meet the following requirements:
a. The survey must be based on the California Coordinate System 1983 and must include a control scheme showing found monuments and coordinates referencing the epoch date.
b. The survey must locate a minimum of two property monuments shown on an official record map.
c. The vertical datum must be shown on the map with the benchmark location and elevation.
d. The mean high tide elevation and tidal epoch must be noted on the survey and Lessor’s staff must approve the elevation prior to the fieldwork. e. Stations used to locate the mean high tide line must be at intervals of 50’±. f. The survey must be performed by or under the supervision of a California Licensed Land Surveyor.
g. Lessee will provide Lessor with a hardcopy map and Autocad drawing file, or equivalent drawing file approved by Lessor’s staff, by electronic file sharing, email, or on disc within 30 days of survey fieldwork completion.

3. Lessee shall undertake the Program substantially in compliance with:
a. The Mitigation Monitoring Program, attached hereto as Exhibit C and by this reference made a part of this Lease, contained in Final Environmental Impact Statement/Environmental Impact Report SCH#2010084002 prepared and adopted by Lessee on July 18, 2023. Lessee agrees to be bound by and fully carry out, implement, and comply with all mitigation measures and reporting obligations identified as Lessee’s, or Responsible Party’s responsibility as set forth in the Mitigation Monitoring Program as stated in Exhibit C or as modified by Lessor as permitted by law; and, 1223

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b. The requirements of all other agencies having approval authority over the Program.

4. Lessee shall safely conduct all dredging and disposal operations in accordance with accepted dredging and disposal methods and practices then in effect and with due regard for the protection of life and property and preservation of the environment.

5. Lessee acknowledges that material dredged from the Lease Premises is the property of the State of California and shall not be sold, and that Lessee is not authorized to dredge for purposes of commercial resale, environmental mitigation credits or other private benefit without Lessor’s prior written consent.

6. Prior to the start of each beach replenishment event as described herein, Lessee shall provide Lessor with the name, address, telephone number and contractor’s license number(s) of the contractor(s) selected to implement the beach replenishment program. Should Lessee change contractors, Lessee shall provide Lessor with all pertinent information, as described above.

7. Monitoring Plans
a. Lessee must update its Monitoring Plans to account for the best available climate change science, resource availability, and sea level rise projections. Such monitoring plans when updated will be submitted to Lessor’s staff for review and approval at least two months in advance of Project implementation.
b. One year before each replenishment event, Lessee must provide to Lessor copies of all annual mitigation monitoring compliance reports for replenishment activities within the Lease Premises. Lessor’s staff will review whether the impacts are being addressed as articulated in the environmental document and Mitigation Monitoring Program (Exhibit C) prior to the initiation of any subsequent nourishment cycle. c. Upon Lessor’s staff’s request, Lessee must provide Lessor’s staff with copies of the semiannual beach profile surveys required by the Shoreline Monitoring Plan.
d. Upon Lessor’s staff’s request, Lessee must promptly provide copies of any report, survey, data, or other document required by a mitigation measure or monitoring plan.
e. Lessee must inform Lessor if any monitoring plans result in additional mitigation requirements.

8. Lessee agrees that printed material, such as handouts and signs or other types of printed notices installed to provide notification of the public use and benefit of the project as set forth herein, shall contain and reasonably display a statement acknowledging the California State Lands Commission as having committed lands for the Project. The statement may read as follows: “A portion of the land required 1224

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for the San Clemente Shoreline Protection Project, was committed by the California State Lands Commission.”

9. Lessee acknowledges that the lands described in Exhibit A of this Lease are subject to the Public Trust and are presently available to members of the public for recreational use, waterborne commerce, navigation, fisheries, open space, or other recognized Public Trust uses. Consistent with subparagraph 7(a) of Section 3 of this Lease, Lessee agrees that its use of the Lease Premises must not interfere or limit the Public Trust rights of the public except to the extent necessary to protect the public health and safety during the performance of activities authorized under the Lease.

Lessee further agrees that any such temporary interference or limitations will be kept to the minimum duration and extent necessary to ensure public health and safety.

10. Lessee shall limit any vehicles, equipment, or machinery to be used on the Lease Premises to those which are directly required to perform the authorized use. Lessee shall not use any vehicles, equipment, or machinery that may cause damage to the Lease Premises or lands subject to Lessor’s jurisdiction.

11. All vehicles, equipment, machinery, tools or other property taken onto or placed within the Lease Premises or lands subject to Lessor’s jurisdiction shall remain the property of the Lessee or its contractors. Upon completion of any beach replenishment event such property shall be promptly and properly removed by Lessee, at its sole risk and expense.

12. Lessor does not accept any responsibility for any damages to any property, including any vehicles, equipment, machinery, or tools within the Lease Premises or lands subject to Lessor’s jurisdiction.

13. Lessee shall not refuel, maintain, or repair any vehicle or equipment within the Lease Premises or lands subject to Lessor’s jurisdiction.

14. Lessee shall promptly and completely remove all waste material and debris created by Lessee or its contractors from the Lease Premises and lands subject to Lessor’s jurisdiction.

15. Lessee shall ensure its employees, agents, contractors, and invitees (collectively, Lessee’s Agents) comply with all applicable provisions of this Lease. Any breach or default by Lessee’s Agents of any applicable provision of this Lease shall be considered a breach or default of the Lease by Lessee.

16. Lessee may satisfy the requirements of Section 1 “Liability Insurance” and Section 3, Paragraph 9 “Insurance” by providing Lessor with evidence of its self-insurance program being applicable to its activities and improvements authorized by this Lease on the condition that:
a. Lessor’s staff is satisfied that the self-insurance program adopted and maintained provides coverage equivalent to coverage required under Section 1 “Liability Insurance”, and Section 3, Paragraph 9 “Insurance”. 1225

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b. For any line of self-insurance that is regulated by the State, Lessee shall provide documentation demonstrating qualification and compliance with all applicable rules and regulations, including self-insurance certification. c. Each year of the Lease, no later than the anniversary date of this Lease, Lessee shall provide Lessor’s staff with any and all evidence that each selfinsurance program is maintained. d. Should Lessee elect to terminate all or any line or lines of self-insurance, Lessee shall, at least 60 days prior to such termination, provide the State with written notice of such termination, accompanied by written evidence of new insurance coverage required by Section 1 “Liability Insurance,” and Section 3, Paragraph 9 “Insurance.”

17. Lessee acknowledges that the Lease Premises and adjacent upland are located in an area that may be subject to effects of climate change, including sea level rise.

To prepare for the potential effects of sea level rise, including flood damage, erosion damage, tsunamis, and damage from waves and storm-created debris, the Lessee acknowledges and agrees to the following:
a. Hazards associated with sea level rise may require additional maintenance or protection strategies regarding the Lease Premises.
b. Any additional maintenance or protection strategies necessitated by such hazards may require additional approval by Lessor pursuant to Section 3, paragraph 5(a) and subject to environmental review.
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SECTION 3

GENERAL PROVISIONS

1. GENERAL
In the case of any conflict between these General Provisions and Special Provisions found in Section 2, the Special Provisions control.

2. DEFINITIONS
For the purposes of this Lease, the following terms shall be defined as stated below:
“Additions” shall be defined as any use or Improvements other than those expressly authorized in this Lease.
“Alterations” shall be defined as any material change in the size, scope, density, type, nature, or intensity of Improvements on the Lease Premises from what is authorized in this Lease.

Alterations shall also include any modifications, alterations, or renovations of the land or waterways on the Lease Premises other than those authorized by this Lease. “Breach” shall be defined as a party's unjustified or unexcused nonperformance of a contractual duty the party is required to immediately perform. “Damages” shall include all liabilities, demands, claims, actions or causes of action whether regulatory, legislative or judicial in nature; all assessments, levies, losses, fines, penalties, damages, costs and expenses, including, without limitation: (i) reasonable attorneys’, accountants’, investigators’, and experts’ fees and expenses sustained or incurred in connection with the defense or investigation of any such liability, and (ii) costs and expenses incurred to bring the Lease Premises into compliance with Environmental Laws, a court order, or applicable provisions of a Regulatory Agency. The term “Damages” also includes, expressly, those Damages that arise as a result of strict liability, whether arising under Environmental Laws or otherwise.
“Default” shall be defined as a material Breach of magnitude sufficient to justify termination of the Lease.
“Environmental Law” shall be defined as and include all federal, state, and local environmental, health, and safety laws, statutes, ordinances, regulations, rules, judgments, orders, and notice requirements, which were in effect as of the date of execution of this Lease or are subsequently enacted and lawfully applied hereto, which regulate or relate to (a) the protection or clean-up of the environment; (b) the use, treatment, storage, transportation, handling or disposal of hazardous, toxic or otherwise dangerous substances, wastes or materials; (c) the quality of the air and the discharge of airborne wastes, gases, particles, or other emissions; (d) the preservation or protection of waterways, groundwater, or drinking water; (e) the health and safety of persons or property; or (f) impose liability with respect to any of the foregoing, including without limitation, the California Environmental 1227
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Quality Act (CEQA) [PRC §§ 21000 et seq.]; the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) [42 USCS §§ 9601 et seq.]; the Resource Conservation and Recovery Act of 1976 (RCRA) [42 USCS §§ 6901 et seq.]; the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA) [33 USCS §§ 1251 et seq.]; the Toxic Substances Control Act (TSCA) [15 USCS §§ 2601 et seq.]; the Hazardous Materials Transportation Act (HMTA) [49 USCS §§ 1801 et seq.]; the Insecticide, Fungicide, Rodenticide Act [7 USCS §§ 136 et seq.]; the Superfund Amendments and Reauthorization Act [42 USCS §§ 6901 et seq.]; the Clean Air Act [42 USCS §§ 7401 et seq.]; the Safe Drinking Water Act [42 USCS §§ 300f et seq.]; the Solid Waste Disposal Act [42 USCS §§ 6901 et seq.]; the Surface Mining Control and Reclamation Act [30 USCS §§ 1201 et seq.]; the Emergency Planning and Community Right to Know Act [42 USCS §§ 11001 et seq.]; the Occupational Safety and Health Act [29 USCS §§ 655 and 657]; the California Underground Storage of Hazardous Substances Act [H & S C §§ 25280 et seq.]; the California Hazardous Substances Account Act [H & S C §§ 25300 et seq.]; the California Hazardous Waste Control Act [H & S C §§ 25100 et seq.]; the California Safe Drinking Water and Toxic Enforcement Act [H & S C §§ 24249.5 et seq.]; the Porter-Cologne Water Quality Act [Water C §§ 13000 et seq.] together with any amendments of or regulations promulgated under the statutes cited above. “Hazardous Material” shall be defined as and include any substance which falls within the definition of hazardous substance, hazardous waste, hazardous material, toxic substance, solid waste, pollutant, or contaminant, under any Environmental Law. “Improvements” shall be defined as any modification, alteration, addition, or removal of any material, and any other action which serves to change the condition of the Lease Premises from the natural state whether situated above, on, or under the Lease Premises.

Improvements include, but are not limited to buildings, structures, facilities, decks, docks, wharves, piers, walks, curbs, bridges, buoys, landscaping, roadways, shoreline protective structures of all types, foundations, pilings or similar support structures whether above or below the water line, fences, utilities, pipelines, and any other construction of any type situated on the Lease Premises.
“Lease” shall be defined as this lease contract together with all amendments and exhibits. “Lease Premises” shall be defined as the area of land, together with any improvements located thereon, the use and occupancy of which is authorized by this Lease. “Lessor” shall be defined as the state of California, acting by and through the California State Lands Commission, including the Commissioners, their alternates and designates, the Executive Officer, and the staff of the California State Lands Commission. “Regulatory Agency” shall include any Federal, State, County, Municipal, or Local agency having jurisdiction over the Lease Premises.
“Repairs” shall be defined as all work of any kind made to maintain, change, restore, strengthen, replace, alter, or otherwise affect any Improvement on the Lease Premises. 1228
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“Residence” shall be defined as any Improvement, whether permanent, movable, or temporary, or a portion thereof, which is for the time being a home or place of lodging. A Residence includes any Improvement affixed to the land such as trailers or cabins, built on a raised foundation such as stilts or pilings, and floating residences such as boats, barges, arks, and houseboats, and any combination of such Improvements which provide residential accommodations to the Lessee or others. “Residence” shall not include transitory, intermittent, recreational use of facilities such as campgrounds. “Residential Use” shall be defined as Improvements such as, but not limited to, sundecks, and sunrooms which are extensions of, or additions to, the upland property and are not waterdependent uses. Although the various uses or Improvements which may fall under this definition may vary by geographic area, lease type, or other factors, it is the intention of the parties to include in this definition all uses and Improvements which are not water-dependent but residential in nature, or those uses and Improvements which are not consistent with common law public trust principles and values.

3. CONSIDERATION
(a) Absolute Triple Net Lease
This Lease is an absolute triple net lease, pursuant to which Lessor has no obligation with respect to the payment of taxes, insurance, the cost of maintenance, utilities and repairs or other costs or obligations associated with the Leased Premises, except as expressly stated herein.
(b) Rent
Lessee agrees to pay Lessor rent as stated in this Lease, in annual installments, for the use and occupancy of the Lease Premises. The first installment shall be due on or before the beginning date of this Lease and all subsequent installments shall be due on or before each anniversary of its beginning date during each year of the Lease term, or as otherwise provided in this Lease. Said sums shall be paid in lawful money of the United States of America. Lessee shall send said rent to the mailing address of Lessor. Timeliness of receipt of remittances sent by mail shall be governed by the postmark date as stated in Government Code Section 11002. Invoices for rent due may be provided by Lessor as a courtesy. Lessor’s failure to, or delinquency in, providing invoices shall neither excuse Lessee from paying rent, nor extend the time for paying rent. (c) Modification
Lessor may modify the method, amount, or rate of consideration effective on each fifth anniversary of the beginning date of this Lease. Should Lessor fail to exercise such right effective on any fifth anniversary it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary, without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary of the beginning date. No 1229
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such modification shall become effective unless Lessee is given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days’ notice prior to the effective date of the increase, whichever provides a greater notice period.

If the consideration for this Lease is based on a percentage of income, royalties, profits, or any similar business performance indicators, Lessee shall provide Lessor with financial statements and all other documents necessary to determine the relevant basis for income. (d) Penalty and Interest
Any installments of rent accruing under this Lease not paid when due shall be subject to a delinquency charge equal to five percent (5%) of the principal sum due. Annual payments shall bear interest as specified in Public Resources Code Section 6224 and the Lessor's then existing administrative regulations governing penalty and interest. (e) Non-Monetary Consideration
If the consideration to Lessor for this Lease is the public use, benefit, health, or safety, Lessor shall have the right to review such consideration at any time and set a monetary rental if the Lessor, at its sole discretion, determines that such action is in the best interest of the State. Lessee’s assignment or transfer of this Lease pursuant to Section 3 Paragraph 11 below to any third party which results in royalties, profits, or any form of compensation, whether monetary or otherwise, shall give Lessor the right to reevaluate the requirements of this Lease as stated in Section 3 Paragraph 11. Lessee shall be given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the rent modification is considered, or thirty (30) days’ notice prior to the effective date that this Lease is converted to a monetary rental, whichever provides more notice.
(f) Place for Payment of Rent
All rent that becomes due and payable under this Lease shall be paid to Lessor in person or by United States mail at the Sacramento Offices of the California State Lands Commission, currently at 100 Howe Avenue, Suite 100-South, Sacramento, CA 95825-8202, or at any other place or places that Lessor may designate by written notice to Lessee.

Alternately, Lessee may contact Lessor’s accounting department for Lessor’s current practices for payment by credit card or electronic fund transfer.

4. BOUNDARIES
This Lease is not intended to establish the State's boundaries and is made without prejudice to either party regarding any boundary or title claims which may be asserted presently or in the future.

5. LAND USE
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(a) General
(1) Lessee shall use the Lease Premises only for the purpose or purposes stated in this Lease and only for the operation and maintenance of the Improvements expressly authorized in this Lease. Lessee shall commence use of the Lease Premises within ninety (90) days of the beginning date of this Lease or within ninety (90) days of the date set for construction to commence as set forth in this Lease, whichever is later. (2) All demolition, construction, remodeling, reconstruction, maintenance, repairs, removal, or remediation performed on the Lease Premises at any time by Lessee shall first be authorized by all appropriate Regulatory Agencies. Lessee is solely responsible for determining what approvals, authorizations, or certifications are required, and shall be solely responsible for all costs incurred thereby. In addition, Lessee shall obtain and comply with preventative or remedial measures required by any environmental reports, assessments, or inspections, including, but not limited to those required by the California Environmental Quality Act and/or the National Environmental Policy Act, or as otherwise required by law or reasonably requested by Lessor. Nothing in this Lease shall be interpreted as a pre-approval of any permit, certification, or any other precondition required for the use of the Lease Premises.
(b) Continuous Use
Lessee's use of the Lease Premises shall be continuous from commencement of the Lease until its expiration. Lessee's discontinuance of such use for a period of ninety (90) days shall be presumed to be an abandonment unless Lessee demonstrates to Lessor’s satisfaction that Lessee’s use of the Lease Premises is consistent with similarly situated properties. In the event of an abandonment, Lessor may elect to terminate the Lease as provided in Paragraph 12(a)(3). Abandonment of the Lease Premises shall not relieve Lessee of any obligations under this Lease.
(c) Repairs and Maintenance
(1) Lessor shall not be required to make any Repairs in, on, or about all or part of the Lease Premises. Lessee shall, at all times during the term of this Lease and without any cost or expense to Lessor, keep and maintain the Lease Premises, including all Improvements, in good order and repair and in a clean, safe, sanitary, and orderly condition.
(2) Lessee shall make, or cause to be made, any Repairs which may be required by any Regulatory Agency. Lessee shall observe and comply with, any law, statute, ordinance, plan, regulation, resolution, or policy applicable to the Lease Premises in making such Repairs. All work shall be performed with reasonable diligence, completed within a reasonable time, and performed at the sole cost and expense of Lessee.
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(3) Lessee expressly accepts the Lease Premises “as is” and expressly acknowledges that:
(i) Lessor has made no representations or warranties as to the suitability of the Lease Premises for any Improvements. Lessee shall conduct all tests necessary to determine the suitability of the Lease Premises for any proposed use or Improvements authorized; and
(ii) Lessor has made no representations or warranties as to the quality or value of any Improvements found on the Lease Premises, or of their conformity to any applicable building codes, zoning ordinances, or other regulations. Lessee agrees to inspect any preexisting Improvements at its own cost to determine whether such Improvements are safe and suitable for the Lessee’s intended use; and (iii) Lessee shall neither be entitled to any reduction in rent, nor any extension of the terms of this Lease because of damage to or destruction of any Improvements on the Lease Premises.
(iv) Lessee and Lessor agree that any Improvements on the Lease Premises constitute the personal property of Lessee and that fixture law does not apply. (4) In the event that the Lease Premises is partly, or in whole, comprised of tidal, submerged, or waterfront property, Lessee expressly accepts the hazards involved in using or improving such lands. Lessor is not responsible for, and Lessee shall not be reimbursed for nor receive any offset of rent for, any damages or reduced use of the Lease Premises caused by: local or invasive flora or fauna, flooding, erosion, sea level rise, storms, freezing, inclement weather of any kind, acts of god, maintenance or failure of protective structures, and any other such hazards. (d) Additions, Alterations, and Removal
No Improvements other than those expressly authorized in this Lease shall be constructed by the Lessee on the Lease Premises without the prior written consent of Lessor. Any Additions or Alterations are expressly prohibited. Lessee is also prohibited from any Additions or Alterations which cause a material change to the environmental impact on or around the Lease Premises.
(e) Enjoyment
This Lease is non-exclusive, and is subject to the provisions of Section 3, Paragraph 6 below. Lessee shall have the right to exclude persons from the Lease Premises only when their presence or activity constitutes a material interference with Lessee's use and enjoyment of the Lease Premises.
(f) Discrimination
Lessee, in its use of the Lease Premises, shall not discriminate against any person or 1232
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class of persons on any basis protected by federal, state, or local law, including: race, color, creed, religion, national origin, sex, sexual orientation, gender identity, age, marital/parental status, veteran status, or disability. (g) Residential Use
Unless otherwise provided for in this Lease, no portion of the Lease Premises shall be used as a location for a Residence, for the purpose of mooring or maintaining a structure which is used as a Residence, or for Residential Uses. (h) Commercial Use
Unless otherwise provided for in this Lease, the Lease Premises is to be used by Lessee and Lessee’s invitees or guests only. Use of the Lease Premises for commercial purposes; conducting a business, whether for profit or otherwise; and any subleasing, rental, or any transaction whereby Lessee directly or indirectly receives compensation from a third party in exchange for use of the Lease Premises shall constitute an immediate Default of this lease with no cure period.

6. RESERVATIONS, ENCUMBRANCES, AND RIGHTS-OF-WAY
(a) Reservations
(1) Lessor expressly reserves all natural resources in or on the Lease Premises, including but not limited to timber, minerals, and geothermal resources as defined under Public Resources Code sections 6401, 6407, and 6903, respectively; the right to grant and transfer the same; as well as the right to grant leases in and over the Lease Premises which may be necessary or convenient for the extraction of such natural resources.

Such leasing shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease.
(2) Lessor expressly reserves a right to go on the Lease Premises and all Improvements for any purposes associated with this Lease or for carrying out any function required by law, or the rules, regulations, or management policies of the State Lands Commission.

Lessor shall have a right of reasonable access to the Lease Premises across Lessee owned or occupied lands adjacent to the Lease Premises for any purpose associated with this Lease.
(3) Lessor expressly reserves to the public an easement for convenient access across the Lease Premises to other State-owned lands located near or adjacent to the Lease Premises and a right of reasonable passage across and along any right-of-way granted by this Lease; however, such easement or right-of-way shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (4) Lessor expressly reserves the right to lease, convey, or encumber the Lease 1233
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Premises, in whole or in part, during the Lease term for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. (b) Encumbrances
The Lease Premises may be subject to pre-existing contracts, leases, licenses, easements, encumbrances, and claims and is made without warranty by Lessor of title, condition, or fitness of the land for the stated or intended purpose.

7. RULES, REGULATIONS, AND TAXES
(a) Lessee shall comply with and be bound by all presently existing or subsequently enacted rules, regulations, statutes or ordinances of the State Lands Commission or any Regulatory Agency. Occupancy or use of the Lease Premises provides no exemption from applicable regulations including, but not limited to, federal, state, county and local regulations, regulations promoting public health, safety, or welfare, building codes, zoning ordinances, and sanitation regulations. Lessee expressly acknowledges that Regulatory Agencies have jurisdiction over the Lease Premises unless such laws are in direct conflict with state law or public trust principles.
(b) Lessee understands and agrees that a necessary condition for the granting and continued existence of this Lease is that Lessee obtains and maintains all permits or other entitlements. Lessee expressly acknowledges that issuance of this Lease does not substitute for, or provide preference in obtaining authorizations from other Regulatory Agencies.
(c) Taxes
(1) In addition to the rent due under this Lease, Lessee accepts responsibility for and shall pay any and all real and personal property taxes, including possessory interest taxes, assessments, special assessments, user fees, service charges, and other charges of any description levied, imposed on, assessed, or associated with the leasehold interest, Improvements on the Lease Premises, any business or activity occurring on the Lease Premises, the Lease Premises itself, or any portion thereof, levied by any governmental agency or entity. Such payment shall not reduce rent due Lessor under this Lease and Lessor shall have no liability for such payment. (2) In the event that this Lease commences, terminates or expires during a tax year, Lessee shall pay the taxes for the period of such year during which this Lease was in effect.
(3) Any and all taxes and assessments and installments of taxes and assessments required to be paid by Lessee under this Lease shall be paid when due and the official 1234
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and original receipt for the payment of such tax, assessment, or installment shall be delivered to Lessor upon request.
(4) Lessee shall indemnify and hold Lessor, the Lease Premises, and any Improvements now or hereafter located thereon, free and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this Lease to be paid by Lessee and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments, or other charges.

8. INDEMNITY
(a)Lessee’s use of the Lease Premises and any Improvements thereon is at Lessee’s sole and exclusive risk.
(b)In addition to any other obligation to indemnify Lessor as otherwise provided in this Lease, except to the extent caused by the sole negligence and/or willful misconduct of the Lessor, Lessee shall indemnify, hold harmless, and, at the option of Lessor, defend Lessor, its officers, agents, and employees from any and all Damages resulting from Lessee’s occupation and use of the Lease Premises. Lessee shall reimburse Lessor in full for all reasonable costs and attorneys’ fees, specifically including, without limitation, any Damages arising by reason of: (1) The issuance, enjoyment, interpretation, Breach, or Default of this Lease; (2) The challenge to or defense of any environmental review upon which the issuance of this Lease is based; (3) The death or injury of any person, or damage to or destruction of any property from any cause whatever in any way connected with the Lease Premises, or with any of the Improvements or personal property on the Lease Premises; (4) The condition of the Lease Premises, or Improvements on the Lease Premises; (5) An act or omission on the Lease Premises by Lessee or any person in, on, or about the Lease Premises; (6) Any work performed on the Lease Premises or material furnished to the Lease Premises; (7) Lessee’s failure to comply with any material legal or other requirement validly imposed on Lessee or the Lease Premises by a Regulatory Agency. (c) The reimbursement provisions of this Paragraph 8 shall not apply to any claims, litigation, or other actions which may be brought by either Lessee or Lessor against each other. (d)Nothing in this paragraph shall be construed as requiring that Lessor defend itself against all or any aspect of any challenge to this Lease or any associated environmental review. However, Lessee may take whatever legal action is available to it to defend this Lease or any associated environmental review against any challenge by a third party, whether or not Lessor chooses to raise a defense against such a challenge. (e)Lessee shall notify Lessor immediately in case of any accident, injury, or casualty on the Lease Premises.
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9. INSURANCE
(a)Lessee shall obtain and maintain in full force and effect during the term of this Lease comprehensive general liability insurance and property damage insurance, with such coverage and limits as may be reasonably requested by Lessor from time to time, but in no event for less than the sum(s) specified against any and all claims or liability arising out of the ownership, use, occupancy, condition, or maintenance of the Lease Premises and all Improvements.
(b)The insurance policy shall identify the Lease by its assigned number. The specific Improvements shall also be generally identified, as well as their location on state owned property. The coverage provided shall be primary and non-contributing. Lessee shall keep such policy current. Lessor shall be named as a “certificate holder” and/or an “additional interest” on the policy. Lessee shall provide Lessor with a current certificate of insurance at all times. At Lessor’s request, Lessee shall provide a full copy of the current insurance policy, along with any and all endorsements or other such documents affecting the coverage. Lessor will not be responsible for any premiums or other assessments on the policy.
(c) The insurance coverage specified in this Lease shall be in effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease. Lessee shall notify Lessor within five (5) business days if the insurance is canceled for any reason.

10. SURETY BOND
(a) When required by Section 1 of this Lease, Lessee shall provide a surety bond or other security device acceptable to Lessor, for the specified amount, and naming the State of California, California State Lands Commission as the assured, to guarantee to Lessor the faithful observance and performance by Lessee of all of the terms, covenants, and conditions of this Lease.
(b) Lessor may require an increase in the amount of the surety bond or other security device to cover any additionally authorized Improvements, any modification of consideration, or to provide for inflation or other increased need for security. The surety bond or other security device may be increased on each fifth anniversary of the beginning date of this Lease.

Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary. No such modification shall become effective unless Lessee is given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the modification of the bond or security is considered, or thirty (30) days’ notice prior to the 1236
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effective date of the increase, whichever provides more notice. (c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease.

Lessee must first seek approval of Lessor before changing the type of security device used, or the bond holder.

11. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (1) Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee if the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse; or the transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the other spouse. In the event of such a transfer, Lessor shall be notified in writing within 30 days of the transfer.
(2) Notice to Lessor of Successor Trustee(s): In the event this Lease is held in trust, and the Lessee is a trustee thereof, the substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of this Paragraph. Lessee (and by operation of law, any successor trustee) agrees to provide prompt notice to Lessor of any succession or substitution of trustee in accordance with Paragraph 16(c) of General Provisions, no later than sixty (60) days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason. (b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease:
(1) If Lessee is a business entity, any dissolution, merger, consolidation or other reorganization of Lessee, or the sale or other transfer of substantially all the assets of Lessee. If Lessee is a publicly traded entity, transfers of interests in Lessee shall not constitute an assignment requiring the consent of Lessor. (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership. (c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands 1237
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separately from the leasehold rights granted herein without the prior written consent of Lessor.
(d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises, Lessee shall do all of the following:
(1) Give not less than 90 days’ prior written notice to Lessor; (2) Provide the name, complete business organization, operational structure, and formation documents of the proposed assignee, sublessee, secured third party, or other transferee; and the nature of the use of and interest in the Lease Premises proposed by the assignee, sublessee, secured third party or other transferee. (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer;
(4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee; and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises; and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee, secured party or other transferee.
(6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use: the proposed party's financial strength and reliability, their business experience and expertise, their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors. (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party. Lessor may reevaluate the rent, insurance and/or bond provisions of this Lease, and may condition its approval of the proposed assignment, sublease, hypothecation, mortgage, or other transfer on the party’s acceptance of the new terms.

Lessee’s rights stated in this paragraph shall apply regardless of whether the proposed transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c) above.
(f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be 1238
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subject to terms and conditions imposed by a separately negotiated encumbrancing agreement.
(g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of or activities on the Lease Premises; except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises during Lessee’s tenancy. (h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7, 9, 11 or 13 of the Bankruptcy Code (11 USC Sect. 101, et seq.) then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises.

No assumption or assignment of this Lease shall be effective unless it is in writing and unless the trustee or debtor-in-possession has cured all Defaults under this Lease (monetary and non-monetary) or has provided Lessor with adequate assurances (1) that within ten (10) days from the date of such assumption or assignment, all monetary Defaults under this Lease will be cured; and (2) that within thirty (30) days from the date of such assumption, all non-monetary Defaults under this Lease will be cured; and (3) that all provisions of this Lease will be satisfactorily performed in the future.
(i) In the event of any transfer or assignment, under this Paragraph 11 or by any other means authorized by this Lease, the Lease terms shall be for the remaining years existing on the Lease prior to the transfer or assignment. A transfer or assignment shall not extend the term of this Lease.

12. DEFAULT AND REMEDIES
(a) Default
The occurrence of any one or more of the following events shall immediately and without further notice constitute a Default of this Lease:
(1) Lessee's failure to make any payment of rent, royalty, or other consideration as required under this Lease; or
(2) Lessee's failure to obtain or maintain liability insurance or a surety bond or other security device as required under this Lease; or
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(3) Lessee's abandonment of the Lease Premises (including the covenant for continuous use as provided for in Paragraph 5(b)) during the Lease term; or (4) Lessee's failure to obtain and maintain all necessary governmental permits or other entitlements; or
(5) The maintenance of the Lease Premises in violation of, or failure to comply with, any applicable provisions of any Regulatory Agency, Environmental Law, or maintenance of the Lease Premises in a condition constituting nuisance; or (6) Lessee’s Failure to commence to construct and to complete construction of the Improvements authorized by this Lease within the time limits specified in this Lease. (7) Lessee is found to sublet or otherwise surrender daily management and control of the Lease Premises to a third party without the knowledge, expressed written consent or authorization of the Lessor.
(b)Lessee's failure to observe or perform any other term, covenant, or condition of this Lease when such failure shall continue for a period of thirty (30) days after Lessor's giving written notice shall constitute a Default of this lease. However, if the nature of Lessee's Default under this paragraph is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in Default if Lessee commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion.
(c)Should Lessee Breach any term, covenant, or condition of this Lease under Paragraph 12(b) above three (3) times in any three hundred and sixty-five (365) day period, the third Breach will be a Default under this Lease and Lessor will be entitled to immediately terminate this Lease, and take other appropriate action. Lessor will provide written notice of each Breach as provided above, and provide written notice that future Breaches will constitute immediate Default with no cure period.
(d)Remedies
In the event of a Default by Lessee and Lessee's failure to cure such Default if such a cure period is applicable, Lessor may at any time and with or without notice do any one or more of the following in addition to any rights or remedies permitted by law:
(1) Re-enter the Lease Premises, remove all persons and property, and repossess and enjoy such premises; or
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(2) Terminate this Lease and Lessee's right of possession of the Lease Premises by any lawful means. The termination shall not relieve Lessee of any obligation, monetary or otherwise, which has accrued prior to the date of termination. Such termination shall be effective upon Lessor's giving written notice and upon Lessee’s receipt of such notice. Lessee shall immediately surrender possession of the Lease Premises to Lessor.

Lessor shall be entitled to recover from Lessee all amounts to which Lessor is entitled pursuant to Section 1951.2 of the California Civil Code, or any other provision of law, including any necessary Repair, renovation, alteration, remediation, or removal of Improvements; or
(3) Maintain this Lease in full force and effect and recover any rent, royalty, or other consideration as it becomes due without terminating Lessee's right of possession regardless of whether Lessee shall have abandoned the Lease Premises, subject to the conditions imposed by Cal. Civil Code § 1951.2; or
(4) Exercise any other right or remedy which Lessor may have at law or equity. (e) Determination of Rental Value
If rent under this Lease is calculated as a percentage of Lessee’s income attributable to the Lease Premises and Lessee abandons the Lease Premises during some or all of the applicable period, then the reasonable rental value shall be the percentage of proceeds Lessor would have received had Lessee operated the Lease Premises in the usual and customary manner.
(f) Waiver of Rights
The failure or delay of either party to exercise any right or remedy shall not be construed as a waiver of such right or remedy or any Breach by the other party.

Lessor’s acceptance of any rent shall not be considered a waiver of any preexisting Breach by Lessee other than the failure to pay the particular rent accepted regardless of Lessor’s knowledge of the preexisting Breach at the time rent is accepted.

13. RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS (a)Restoration of Lease Premises
(1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease Premises to Lessor. Prior to the time of surrender, Lessee must remove all or any Improvements together with the debris and all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee 1241
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actually constructed or placed the Improvements on the Lease Premises; or Lessor, at its sole and absolute discretion, may itself remove or have removed all or any portion of such Improvements at Lessee's sole expense. Lessor may waive all or any part of this obligation in its sole discretion if doing so is in the best interests of the State. (2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to the installation or construction of any Improvements. For purposes of this Lease, restoration includes removal of any landscaping; removal of any Hazardous Materials; and to the extent possible, undoing any grading, fill, excavation, or similar alterations of the natural features of the Lease Premises. Lessor may waive all or any part of this obligation in its sole and absolute discretion.
(3) Unless otherwise provided for in this Lease, Lessee shall submit to Lessor no later than one (1) year prior to the expiration of this Lease either: (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term together with a timeline for obtaining all necessary permits and conducting the work prior to the expiration of this Lease. (4) In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any Environmental Law.
(5) Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the termination of this Lease. Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six (6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above. If Lessor elects to take title to any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such Improvements to Lessor free and clear of any liens, mortgages, loans, or any other encumbrances. Lessor shall not pay, and Lessee shall not be entitled to compensation for Lessor’s taking title to such property.
(b) Environmental Matters
(1) Lessee’s Obligations:
(i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any Environmental Law. Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless 1242
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specifically authorized under other terms of this Lease. (ii) Lessee shall practice conservation of water, energy, and other natural resources. (iii) Lessee shall notify Lessor and the appropriate governmental emergency response agency, or agencies immediately in the event of any release or threatened release of any Hazardous Material.
(2) Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Material generated, used, placed, disposed, stored, or transported on the Lease Premises during the term of the Lease. Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in accordance with applicable Environmental Law.
(3) Environmental Indemnity.

Lessee shall indemnify, defend, and hold Lessor and Lessor’s, officer, appointees, volunteers, employees, agents, successors and assigns free and harmless from and against all Damages that may at any time be imposed upon, incurred by, or asserted or awarded against Lessor in connection with or arising from any Breach of Lessee’s obligations hereunder; or out of any violation by Lessee of any Environmental Law; or resulting in the imposition of any lien or claim for the recovery of any costs for environmental cleanup or other response costs relating to the release or threatened release of Hazardous Materials on the Lease Premises during the Lessee’s tenancy. This obligation shall include any prior leases between Lessor and Lessee and will continue through any periods Lessee is in holdover, unlawful detainer, or any subsequent monthto-month tenancies created by operation of law. Lessee’s obligations hereunder will survive the expiration or sooner termination of this Lease. (4) Violation of this section shall constitute grounds for termination of the Lease. Lessor, shall notify Lessee when, in Lessor’s opinion, Lessee has violated the provisions of this section. Lessee shall immediately discontinue the conduct and respond within five (5) business days. Lessee shall take all measures necessary to remedy the condition.

14.QUITCLAIM
Lessee shall, upon the early termination of this Lease and at Lessor’s request, execute and 1243
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deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease. Should Lessee fail or refuse to deliver such a release, Lessor may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants.

15.HOLDING-OVER
(a)This Lease shall terminate without further notice upon the expiration of the term of this Lease. Lessee shall have removed any Improvements and completed any restoration as required by Lessor prior to the expiration of this Lease, and shall surrender possession of the Lease Premises. Any failure by the Lessee to remove Improvements, restore the Lease Premises, and/or surrender possession of the Lease Premises at the expiration or sooner termination of this Lease shall not constitute a renewal or extension and shall not give Lessee any rights in or to the Lease Premises or any part thereof except as expressly provided in this Lease. Lessee shall be deemed in unlawful detainer of the Lease Premises and Lessor shall be entitled to all resulting legal remedies. (b)Lessor may, in its sole discretion, choose to accept Rent for the Lease Premises instead of immediately taking legal action to recover possession of the Lease Premises. Any tenancy created by operation of law on Lessor’s acceptance of rent shall be deemed a month-to-month tenancy regardless of what sum or sums Lessee delivers to Lessor. Except as set forth below, any subsequent tenancy created in this manner shall be on the same terms, covenants, and conditions set forth in this Lease insofar as such terms, covenants, and conditions can be applicable to a month-to-month tenancy (c)In recognition of the increased accounting, land management, and supervisory staff time required for month-to-month tenancies, the rent for each month or any portion thereof during such holdover period may be an amount equal to one hundred fifty percent (150%) of one-twelfth (1/12) of the total compensation for the most recent year paid. In the event this Lease does not require monetary compensation, Lessor shall have the right to establish rent based on the fair market value of the Lease Premises. The month-to-month tenancy may be terminated by Lessee or Lessor upon thirty (30) calendar days’ prior written notice to the other.

16.ADDITIONAL PROVISIONS
(a) Waiver
(1) No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing. No delay or omission of Lessor to exercise any right or power arising from any omission, neglect, 1244
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Default or Breach of term, covenant, or condition of this Lease shall be construed as a waiver or any acquiescence therein.
(2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition; of any successive Breaches of the same term, covenant, or condition; or of any other Default or Breach of any term, covenant or condition of this Lease. (b) Time
Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor.
(c) Notice
All notices required to be given under this Lease shall be given in writing, sent by U.S.

Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessee shall give Lessor notice of any change in its name or address.
(d)Consent
Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event.
(e)Changes
This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties. (f) Successors
The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties.
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several.
(h) Captions
The section and paragraph captions used in this Lease are for the convenience of the parties. The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease.
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(i) Severability
If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law.
(j) Representations
Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor. Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements, representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant, agreement or understanding not contained in this Lease.
(k) Gender and Plurality
In this Lease, the masculine gender includes both the feminine and neuter, and the singular number includes the plural whenever the context so requires. (l) Survival of Certain Covenants
All covenants pertaining to bond, insurance, indemnification, restoration obligations, Breach, Default, and remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease.
(m) Counterparts
This agreement may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement. (n) Delegation of Authority
Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members, their alternates or designees, and the staff of the Commission. The ability of staff of the Commission to give consent, or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff. All other powers are reserved to the Commission.
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STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE NO.

This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date hereafter affixed.

LESSEE:

CITY OF SAN CLEMENTE
By: ____________________________
Title: ____________________________
Date: ____________________________

ATTACH ACKNOWLEDGMENT
LESSOR:

STATE OF CALIFORNIA

STATE LANDS COMMISSION
By: ____________________________
Title: ____________________________
Date: ____________________________
Execution of this document was authorized
by the California State Lands Commission
on _______________________________.
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EXHIBIT A
A 3750

LAND DESCRIPTION
Two Parcels of tide and submerged land, in the bed of the Gulf of Santa Catalina, Pacific Ocean adjacent to San Clemente State Beach State Park, County of Orange, State of California, and particularly described as follows:

PARCEL 1 (Beach Fill Site)
Bounded on the northeast by the centerline of the A.T. & S.F. Railroad train track;
Bounded on the southwest by a line parallel with and 450 feet southwesterly of the centerline of the A.T. & S.F. Railroad train track; Bounded on the northwest by a line parallel with and 1350 feet northwesterly of the centerline of the San Clemente Pier and its northeasterly prolongation;
Bounded on the southeast by a line parallel with and 2400 feet southeasterly of the centerline of the San Clemente Pier and its northeasterly prolongation.

EXCEPTING THEREFROM any portion lying landward of the ordinary high water mark of the Pacific Ocean.

PARCEL 2 (Dredging (Borrow) Site)
BEGINNING at a point in the Pacific Ocean which bears North 71° 12’ 32” West 7133.67 feet from the NGS monument “OCEANSIDE HBR TURNING BASIN LT” (PID DX4025) having California State Plane Coordinate System, of 1983, Zone 6 (Epoch 1991.35) coordinates of N = 2021505.19 feet, E = 6211210.42 feet; thence South 54° 23’ 57” West 2401.10 feet; thence North 35° 35’ 59” West 2586.30 feet; thence North 54° 24’ 01” East 2401.00 feet; thence South 35° 36’ 07” East 2586.25 feet to the POINT OF BEGINNING.
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THE BASIC OF BEARINGS AND COORDINATES shown are based on California State Plane Coordinate System, of 1983, Zone 6 (Epoch 1991.35).

END OF DESCRIPTION
The above description is based on that San Clemente Shoreline Coastal Storm Damage Reduction Project maps and descriptions provided by the applicant.

Prepared 01/10/2023 by the California State Lands Commission Boundary Unit.

JAMES A . KOEPKE
P
R
O

FE S S I ONAL LAND
SURVEY
O
R

STATE OF CAL I FORN I N
A
o . 8487
1249

PACIFIC
OCEAN

APPROXIMATE

BEACH FILL
SITE
APPROX. SHORELINE

SAN CLEMENTE PIER
APPROX. SHORELINE
A.T. & S.F. RAILROAD

PACIFIC
OCEAN

APPROXIMATE

DREDGING
(BORROW) SITE

OCEANSIDE
HARBOR
APPROX. SHORELINE
SANTA

MARGARITA
RIVER
A 3750

CITY OF SAN CLEMENTE

GENERAL LEASE -

PUBLIC AGENCY USE

ORANGE COUNTY
MAP SOURCE: USGS QUAD

PACIFIC OCEAN NEAR SAN

CLEMENTE PIER, ORANGE COUNTY

THIS EXHIBIT IS SOLELY FOR PURPOSES OF GENERALLY DEFINING THE

LEASE PREMISES, IS BASED ON UNVERIFIED INFORMATION PROVIDED BY

THE LESSEE OR OTHER PARTIES AND IS NOT INTENDED TO BE, NOR

SHALL IT BE CONSTRUED AS, A WAIVER OR LIMITATION OF ANY STATE INTEREST IN THE SUBJECT OR ANY OTHER PROPERTY. SITE
TS 01/10/2023

NO SCALE EXHIBIT B

NO SCALE SITES

LOCATION
SITE
SITE

PACIFIC OCEAN NEAR OCEANSIDE

HARBOR, SAN DIEGO COUNTY
N
N
1250
\
\
\
\
\
\
\
\
\
\
\
\

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 7/18/2023 Agenda Item: 7F
Department: Community Development
Prepared By Adam Atamian, Deputy Community Development Director Subject:

INTRODUCTION OF COMMERCIAL AND RECREATIONAL VEHICLE PARKING ORDINANCE

AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Summary:

Based on direction from the City Council provided at its meeting of February 21, 2023, City staff, in coordination with Orange County Sheriff’s Department staff, prepared an ordinance to better regulate parking of commercial, recreational, and wide vehicles and trailers. The proposed ordinance was reviewed by the Public Safety Committee at its meeting of February 28, 2023, which recommends its introduction. The proposed ordinance is provided as Attachment 1.

If the ordinance is adopted, the most significant changes to the City’s current regulations on parking for these types of vehicles would include reducing the hours commercial vehicles can park at night, and removing the current allowance for recreational vehicles and trailers from parking for more than 5 hours on City streets without a permit. This report also includes a discussion of an additional modification that the Council could consider to allow pick-up trucks with ladders attached to a utility rack to park on City streets for more than 2 hours.

Background:

At its meeting of February 21, 2023, the City Council, in response to multiple complaints about the long-term parking of recreational vehicles, directed the Public Safety Committee to review the City’s existing parking regulations related to recreational vehicles and forward a recommendation to the City Council for opportunities to improve such regulations. The minutes from that meeting are provided as Attachment 2.

At its meeting of February 28, 2023, the Public Safety Committee reviewed the City’s existing municipal code pertaining to recreational vehicle parking, as well as ordinances from multiple nearby cities. These cities included Aliso Viejo, Carlsbad, Dana Point, Huntington Beach, Irvine, Lake Forest, Laguna Beach, Rancho Santa Margarita, Laguna Niguel, Newport Beach, Mission Viejo, Oceanside, and Seal Beach. The minutes from that meeting are provided as Attachment 3. After reviewing these ordinances, the Public Safety Committee recommends that the City Council revise the San Clemente Municipal Code utilizing regulations based on the Dana Point Ordinance. The Dana Point Ordinance was determined by the Committee to be the most robust in addressing commercial, recreational, and trailer parking and provides clear parameters for parking such vehicles, making enforcement more effective than the City’s current regulations.

The proposed ordinance would replace San Clemente Municipal Code (SCMC) Section 10.28.230 in CITY OF SAN CLEMENTE Page 1 of 3 Printed on 7/14/2023
powered by Legistar™ 1
Meeting Date: 7/18/2023 Agenda Item: 7F
The proposed ordinance would replace San Clemente Municipal Code (SCMC) Section 10.28.230 in its entirety. A copy of the existing regulations contained in SCMC 10.28.230 are provided as Attachment 4. Staff made a number of minor changes to incorporate Dana Point’s ordinance into the SCMC, such as formatting, adjusting language, and making the proposed regulations internally consistent with the SCMC. The most significant changes that would result from adoption of the proposed ordinance consist of the following:

1. Parking for commercial vehicles on City streets would remain prohibited overnight, however the hours when parking commercial vehicles would be prohibited would expand to 10:00 pm to 6:00 am. Currently commercial vehicle parking is prohibited between midnight and 5:00 am.

2. Recreational vehicle parking, including parking for trailers, on City streets and public parking lots, would no longer be permitted to park for up to 5 hours without a City-issued permit. The proposed regulations would require a City-issued parking permit for any parking of these types of vehicles in public, which would be allowed up to 72 hours with a permit. The existing code requires a parking permit for recreational vehicle parking over 5 hours. The permit process remains generally the same in the proposed ordinance.

3. With the proposed ordinance, SCMC Section 10.28.150 - Parking trailers, etc., on streets, is recommended to be deleted in its entirety. This existing section of code would become duplicative with the regulations contained in the proposed ordinance, and staff recommends its deletion.

4. Wide vehicles are currently not regulated in the SCMC. The proposed ordinance would add limitations on the parking of wide vehicles on narrow streets and prohibits such parking between 8:00 pm and 6:00 am.

5. New definitions related to recreational vehicles, buses, and trailers would be added to SCMC

10.04.010 - Definitions.

In addition to the above-noted changes, staff is recommending one modification to regulations contained in Dana Point’s ordinance. This change relates to the proposed regulations in SCMC Section 10.28.150.C.1. Dana Point’s ordinance allows for trailers to be left unattached from a vehicle on City streets for up to 2 hours. Staff recommends modifying this section to state that unattached trailers may not be left on City streets for any period of time. This change is reflected in the proposed ordinance with a strike-though of the language recommended for deletion compared to the Dana Point ordinance. A copy of the existing regulations contained in SCMC 10.28.230 are provided as Attachment 4.

At several City Council meetings in the prior year, discussions about the potential to modify the City’s existing regulations related to parking pick-up trucks with ladders attached to a utility rack have occurred. While there has been no specific direction provided by the City Council to amend this prohibition, the proposed ordinance includes the applicable section of the code that could be modified to address this issue. Ultimately, the prohibition on parking trucks with ladders stems from the definition of “commercial vehicle.” Both the existing code and the proposed ordinance use the same definition of “commercial vehicle” which states that a pick-up truck is not considered a commercial vehicle unless “(3) the vehicle has been modified to include a rack extending over the length of the vehicle's bed which currently has goods or wares of a commercial nature stored thereon.” If the Council wanted to delete part (3) of this definition, the municipal code could be modified to allow pickup trucks with ladders, and other items of a commercial nature attached to a utility rack to not be CITY OF SAN CLEMENTE Page 2 of 3 Printed on 7/14/2023
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Meeting Date: 7/18/2023 Agenda Item: F.
considered commercial vehicles and thus allowed to park for more than 2 hours on City streets.

Council Options:
· Introduce Ordinance No. 1755
· Modify and then introduce Ordinance No. 1755.
· Do not introduce Ordinance No. 1755.
· Continue the Item and direct staff to provide additional information.

Fiscal Impact:

None; the proposed ordinance only modifies existing parking regulations.

Environmental Review/Analysis:

The proposed ordinance does not qualify as a “project” because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the parking of commercial, recreational, and oversize vehicles on public property. In the alternative, the City Council can determine that the proposed ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the proposed ordinance may have a significant effect on the environment because the proposed ordinance simply modifies existing restrictions and prohibitions regarding the parking of commercial, recreational, and oversize vehicles on public property; the proposed ordinance will not result in any development or in any new activity with the potential to impact the environment.

Recommended Actions:

Staff Recommendation
The Public Safety Committee and staff recommend that the City Council introduce and conduct a first reading of Ordinance NO. 1755 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 10.04 AND 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE

PARKING OF COMMERCIAL, RECREATIONAL, AND WIDE VEHICLES AND TRAILERS ON

PUBLIC PROPERTY AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
Attachment:

1. Proposed Ordinance to add definitions to SCMC Section 10.04.010, replace SCMC Section

10.28.230, and delete SCMC Section 10.28.150

2. City Council Meeting Minutes of February 21, 2023

3. Public Safety Committee Meeting Minutes of February 28, 2023

4. Existing SCMC Sections 10.28.150 (recommended for deletion) and 10.28.230 (recommended for replacement)
Notification:

Public notice published in the San Clemente Times.

CITY OF SAN CLEMENTE Page 3 of 3 Printed on 7/14/2023
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ATTACHMENT 1
ORDINANCE NO. 1755

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS

10.04 AND 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC)

OF THE SAN CLEMENTE MUNICIPAL CODE RELATING

TO THE PARKING OF COMMERCIAL, RECREATIONAL,

AND WIDE VEHICLES AND TRAILERS ON PUBLIC

PROPERTY AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, at its meeting of February 21, 2023, the City Council, in response to multiple complaints about the long-term parking of recreational and oversize vehicles, directed the Public Safety Committee to review the City’s existing parking regulations related to recreational vehicles and forward a recommendation to the City Council for opportunities to improve such regulations; and
WHEREAS, at its meeting of February 28, 2023, the Public Safety Committee reviewed the City’s existing code pertaining to recreational vehicle parking, as well as ordinances from multiple nearby cities, and recommended that the City Council revise the San Clemente Municipal Code to better regulate recreational, commercial, and wide vehicles; and
WHEREAS, City staff, in coordination with the Orange County Sheriff’s Department staff, prepared an ordinance based on the Public Safety Committee’s recommendations for the City Council’s consideration at a duly noticed public hearing on July 18, 2023; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.

Section 2. CEQA. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines, § 15378, subd. (a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the parking of commercial, recreational, and oversize vehicles on public property. In the alternative, the City Council finds that the 4 Ordinance No. 1755 Page 2
Ordinance falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061, subdivision (b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Here, it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance simply modifies existing restrictions and prohibitions regarding the parking of commercial, recreational, and oversize vehicles on public property; the Ordinance will not result in any development or in any new activity with the potential to impact the environment.

Section 3. Code Amendment. The following definitions, underlined, are hereby added to Section 10.04.010 – Definitions, of the San Clemente Municipal Code, with existing definitions to be renumbered and Section 10.04.010 to read in its entirety as follows:

A. .....Whenever any words or phrases used in this Title are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply.

B. .....The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section.

1. “Bus” shall have the meaning set forth in California Vehicle Code Section 233.

2. “Camp trailer” shall have the meaning set forth in California Vehicle Code Section 242.

3. “Camper” shall have the meaning set forth in California Vehicle Code Section 243.

4. "Coach" means any motor bus, motor coach, trackless trolley, or passenger stage used as a common carrier of passengers.

5. "Commercial vehicle" means any vehicle meeting the definition of "Commercial Vehicle" in Section 260 of the California Vehicle Code, as that definition may be amended from time to time; provided, however, that for the purposes of this chapter no "Pick Up Truck," as that term is defined in California Vehicle Code Section 471, shall be considered a commercial vehicle unless: (1) goods, wares, or property of a commercial nature loaded thereon extend above the
manufacturer's box; or (2) the standard bed of the vehicle has been replaced with a utility or stake bed over eighty (80) inches in width; or (3) the vehicle has been modified to include a rack extending over the length of the vehicle's bed which currently has goods or wares of a commercial nature stored thereon.
5 Ordinance No. 1755 Page 3

6. "Council" means the Council of the City of San Clemente.

7. "Curb" means the lateral boundary of the roadway, whether such curb is marked by curbing construction or not so marked; the word "curb" as used in this title shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracts or rights-of-way of public utility companies.

8. "Divisional island" means a raised island located in the roadway and separating opposing or conflicting streams of traffic.

9. Holidays. Within the meaning of this title, "holidays" means the first day of January, the twelfth day of February, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday in September, the ninth day of September, the twelfth day of October, the eleventh day of November, the twenty-fifth day of December, and Thanksgiving Day. If the first day of January, twelfth day of February, twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October, the eleventh day of November, or the twenty-fifth day of December falls on a Sunday, the Monday following is a holiday.

10. “House car” shall have the meaning set forth in California Vehicle Code Section 362.

11. "Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

12. “Recreational vehicle (RV)” shall have the meaning set forth in California Health and Safety Code Section 18010.

13. Official Time Standard. Whenever certain hours are named in this title, they shall mean standard time or daylight saving time, as may be in current use in this City.

14. "Parkway" means that portion of a street other than a roadway or a sidewalk.

15. "Parking meter" means a mechanical device installed within or upon the curb or sidewalk area immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle.
6 Ordinance No. 1755 Page 4

16. "Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

17. "Pedestrian" means any person afoot.

18. "Police officer" means every officer of the Police Department of this City or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

19. "Stop," when required, means complete cessation of movement.

20. “Trailer” shall have the meaning set forth in California Vehicle Code Section 630.

21. “Trailer bus” shall have the meaning set forth in California Vehicle Code Section 636.

22. “Trailer coach” shall have the meaning set forth in California Vehicle Code Section 635.

23. "Vehicle Code" means the vehicle code of the State of California.

24. “Wide vehicle” shall mean and refer to any vehicle that has a width that is in excess of eighty (80) inches (excluding side view mirrors).

Section 4. Code Amendment. Section 10.28.230 of the San Clemente Municipal Code is hereby deleted and replaced in its entirety (with strikeouts indicating specific deletions) and shall read as follows:

Section 10.28.230 – Commercial, Wide Vehicle and Trailer Parking Restricted
A. Wide Vehicles. The following regulations shall apply to all wide vehicles:

1. Between the hours of 8:00 p.m. and 6:00 a.m., no person shall park any wide vehicle, other than to make deliveries or repairs of an emergency nature on either the wide vehicle itself or to the adjacent properties, on any of the following described street locations:
a. Any public street or cul-de-sac, which has a curb width of fortyfour (44) feet or less. b. Any street on which a traffic lane line has been painted where the distance between the painted lane line or centerline and the nearest part of the wide vehicle is eleven (11) feet or less.

B. Commercial Vehicles. The following regulations shall apply to all commercial vehicles:
7 Ordinance No. 1755 Page 5

1. No person shall park or leave stopped or standing any commercial vehicle between the hours of 10:00 p.m. and 6:00 a.m. on any City street, designated publicly used parking lots or alley except for the purpose of actively loading, unloading, or servicing the property immediately adjacent to the commercial vehicle.

2. No person shall park a commercial vehicle on a City street, designated publicly used parking lot or alley for over two (2) hours between the hours of 6:00 a.m. and 10:00 p.m. This Subsection shall not preclude a resident from parking one (1) commercial vehicle used for business and parked immediately adjacent to the property to which the commercial vehicle is registered, provided the size of the commercial vehicle does not violate any other regulations contained within this code, or the California Vehicle Code, regulating the size of vehicles or the locations where commercial vehicles are prohibited from parking.

3. Subsections (1) and (2) of this section shall not apply to any of the following:
a. Any commercial vehicle then currently involved in the construction, reconstruction, maintenance, or repair of any street, designated publicly used parking lot or alley upon which the commercial vehicle is parked or any development occurring directly in front of that property;
b. Any commercial vehicle employed by any governmental entity or public utility which is used for urgent response purposes including, but not limited to, ambulances and utility repair vehicles; or
c. Any commercial vehicle parked on an arterial street directly adjacent to the commercially-zoned business property to which the commercial vehicle is registered.

C. Recreational Vehicles (RV), Buses, Camp Trailers, Trailers, Campers, House Cars, Trailer Buses, and Trailer Coaches. The following regulations shall apply to RVs, Buses, Camp Trailers, Trailers, Campers, House Cars, Trailer Buses, and Trailer Coaches. It is the intent of this Subsection that these vehicles shall not be parked on City streets, or designated publicly used parking lots except as provided herein.

1. No trailer shall be left unattached to any vehicle on any City street, designated publicly used parking lot or alley for any period of time exceeding two (2) hours.

2. No person shall park, stop, or leave standing any of these vehicles, regardless of width, on any City street, designated publicly used parking lot or alley in the City except:
a. For the purpose of loading or unloading immediately adjacent to the residential (non-commercial) property for which the vehicle, as defined in this Title, is registered, for a period not to exceed 8 Ordinance No. 1755 Page 6
twenty-four (24) hours, or for a period not to exceed seventy-two (72) hours if a City-issued permit is obtained; or
b. If a vehicle, as defined in this Title, is parked immediately adjacent to the property to which it is registered and is used for daily business activities for a period not to exceed seventy-two (72) hours, if a City-issued permit is obtained.

D. Parking Permits. The following regulations shall apply to all City-issued parking permits required by this Section:

1. Where a City parking permit is required above, a maximum of six (6), seventy-two (72) hour parking permit extensions may be issued per residential address per calendar year. Longer running permits may be issued for designated publicly used parking lots at the request of the parking lot owner or manager, and at the discretion of the City’s Chief of Police Services.

2. A parking permit/extension shall be issued free of charge and may be obtained from the City of San Clemente Police Services.

3. The following information must be provided by the property owner: the date and time the on-street parking permit is needed; the name and address of the user and property owner requesting the parking extension; the make, model and license plate number; and the location where the vehicle will be parked.

4. If the parking extension has been obtained, the vehicle may be parked on a City street at the location, and during the period of time, authorized by the parking extension.

5. At the expiration of the initial twenty-four (24) hour or seventy-two (72) hour period, or at the end of any authorized parking permit extension, the vehicle shall be moved from any and all City streets or designated publicly used parking lots for the ensuing seventy-two (72) hour period.

6. No two (2) consecutive parking extensions shall be granted within a six (6) day period. City parking permits shall not be issued for unattached boat or supply trailers.

Section 5. Code Amendment. Section 10.28.150 - Parking trailers, etc., on streets, of the San Clemente Municipal Code is hereby deleted in its entirety.

Section 6. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 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.

Section 7. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.
9 Ordinance No. 1755 Page 7
Section 8. Severability. If any provision of this ordinance or its application to any person or circumstance is held 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 ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

Section 9. Effective Date. This Ordinance shall become effective 30 days after its adoption.

Section 10. The City Clerk shall certify to the passage and adoption of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this ____ day of _______________, 2023.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
10 Ordinance No. 1755 Page 8

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. 1755 having been regularly introduced at the meeting of _______________, 2023, 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 ____, 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. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, CITY ATTORNEY
11 ATTACHMENT 2
12 CITY OF SAN CLEMENTE
Tuesday, February 21, 2023 5:00 PM
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tern Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on February 21 , 2023 at 5:01 p.m. in the San Clemente City Council Chambers, located at 91 O Calle Negocio, 2nd Floor, San Clemente. This meeting was opened in memory of Gene Stivers.

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

CLOSED SESSION
AO narrated a Powerpoint presentation entitled "Concerns", related to the West Pico Corridor Specific Plan. A hard copy of the presentation is on file with the City Clerk.

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

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code section 54956.9(d)(1) Number of Cases: 2
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232 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 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Page 1 of 11 ends

13 City Council Regular Meeting Minutes February 21 , 2023 Initiation of litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases : 1
C. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2)
Number of Cases: 1
D. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code section 54957
Title: City Attorney
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

BUSINESS MEETING
The meeting reconvened at 6:01 p.m. with all Councilmembers present.

INVOCATION
Lead Pastor Mark Ambrose, Pacific Coast Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Don Brown led the Pledge of Allegiance .

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

Recreation Vehicle Parking Enforcement
B.

Councilmember James, with the support of Councilmember Cabral and Mayor Duncan, directed staff to review ordinances related to Recreational Vehicles from other municipalities and refer to the Public Safety Committee to study and make a recommendation to City Council.

PierPride - Bird Netting Donation
Amber Gregg , PierPride, narrated a Powerpoint presentation concerning achievements, upcoming events and future goals of PierPride; the PierPride Board of Directors presented the City with a donation for bird deterrent netting for under the pier.

Susan Ambrose recognized PierPride for their success and efforts on maintaining the pier; commended staff on the Nature Based Coastal Resiliency

Page 2 of 11 ends

14 City Council Regular Meeting Minutes February 21, 2023 Plan presented at the Beaches, Parks and Recreation Committee meeting on February 14, 2023.

2. Oral Communications (Part 1)
Paul Simonds, Kurt Pringle and Associates, encouraged Council to pursue a grant application to be submitted by March 1, 2023 for the Clean Mobility Options grant; requested item be agendized at tonight's meeting .

Aaron Washington opined that homeless individuals who refuse assistance can be cited for other violations; requested homeless updates be placed on the City's website.

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

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

4. Consideration of agendizing items requiring immediate action Motion by Councilmember Enmeier, second by Mayor Pro Tern Knoblock, CARRIED 4-1 (Councilmember James voting Noe), to consider the submittal of a Clean Mobility Options grant application. This was agendized based on the need to take immediate action and the fact that the need for action arose subsequent to the agenda being posted, and action needed to be taken prior to the next Regular Council Meeting
AYE: Cabral, Enmeier, Knoblock and Mayor Duncan
NOE: James
Clean Mobility Grant Application
Acting Public Works Director/City Engineer Ponsen responded to Council inquiries.

Motion by Councilmember Enmeier, second by Mayor Pro Tern Knoblock, CARRIED 5-0, to direct staff to submit a Clean Mobility Options grant application by March 1, 2023.

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

5. Closed Session Report - City Attorney
Council took no reportable action during this evening's Closed Session. City Attorney Smith announced that he recused himself from Closed Session Item D due to a financial interest.

Page 3 of 11 ends

15 City Council Regular Meeting Minutes February 21, 2023

6. Consent Calendar
The following items were removed from the Consent Calendar for discussion:
6D, 6E and 6K.

A. City Council Minutes
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 7, 2023.

AYE:

NOE:

Cabral, Enmeier, James, Knoblock and Mayor Duncan
None
B. Commission/Committee Minutes
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to receive and file:
(1) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF JANUARY 24, 2023.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF FEBRUARY 9, 2023.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
C. Warrant Register
Motion by Mayor Pro Tern Knoblock, second by Cou ncilmember James, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2791 THROUGH 2795 AND WARRANT NOS.
586127 THROUGH 586286, PAID ON
2-3-23, IN THE AMOUNT OF $1 ,939,361.95
(2) APPROVE WIRE TRANSFER NOS.
2796 THROUGH 2801 AND WARRANT NOS.
586287 THROUGH 586400, PAID ON
2-10-23, IN THE AMOUNT OF $3,268,767.36
TOTAL WARRANT REGISTER $5,208,129.31
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None

Page 4 of 11 ends

16 City Council Regular Meeting Minutes February 21, 2023 Payroll Register
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:

WARRANT NOS. 895 THROUGH 896,
AUTOMATIC DEPOSIT ADVISES 83786
THROUGH 84046, FOR THE PERIOD
1-23-23 THROUGH 2-5-23, PAID
ON 2-10-23, IN THE AMOUNT OF $429,059.72
TOTAL PAYROLL REGISTER $429,059.72
AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
F. NOTICE OF COMPLETION - WATER RECLAMATION PLANT (WRP)/SLUICE

GATE REPLACEMENT
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Accept the WRP/Sluice Gate Replacement, from the contractor, Innovative Construction Solutions, CIP Project 26212.

2. Authorize the Public Works Director/City Engineer to execute and record, the Notice of Completion for the WRP/Sluice Gate Replacement.

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, Innovative Construction Solutions.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
G. APPROVAL OF AN ADDITIONAL SERVICES AGREEMENT - AUTOMATIC

LICENSE PLATE READERS AND SERVICES
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to approve, and authorize the City Manager to execute, an Additional Services Agreement (Contract No. C22-37), by and between the City of San Clemente and Flock Group, Inc., providing automatic license plate readers and services, in the amount of $219,700.

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

Page 5 of 11 ends

17 City Council Regular Meeting Minutes February 21, 2023 H. CONTRACT AWARD - WATER & WATER RECLAMATION ELECTRICAL iNFRASTRUCTURE ARC FLASH STUDY
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to approve, and authorize the Utilities Director to execute, Contract No. C23-09, by and between the City of San Clemente and Electrical Safety Specialists, LLC. , providing for a Water & Water Reclamation Infrastructure Arc Flash Study, in an amount not to exceed $54,802.

AYE: Cabral, Enmeier, James , Knoblock and Mayor Duncan NOE: None
I. NOTICE OF COMPLETION -CITYWIDE CATCH BASINS REHABILITATION Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Accept the Citywide Catch Basins Rehabilitation , from the contractor, Cheloletty Engineering, CIP Project No . 21001.

2. Authorize the Public Works Director/City Engineer to execute and record , the Notice of Completion for the Citywide Catch Basins 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, Cheloletty Engineering.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
J. PURCHASE OF POLICE SERVICES FLEET VEHICLE TO REPLACE FLEET VEHICLE NUMBERS 2010 & 2072
Motion by Mayor Pro Tern Knoblock, second by Councilmember James, CARRIED 5-0, to:

1. Approve the purchase of a 2024 Chevrolet Express van from Winner Chevrolet from the Fleet Replacement Reserve for replacement of Fleet vehicle numbers 2010 & 2072.

2. Authorize a supplemental appropriation in the amount of $12,605 to the Fleet Automotive Equipment Account No. 065-824-45600 from the Fleet Replacement Fund balance.

AYE:

NOE:

Cabral, Enmeier, James, Knoblock and Mayor Duncan
None

Page 6 of 11 ends

18 City Council Regular Meeting Minutes February 21, 2023

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION
D. CONTRACT AMENDMENT - SENIOR MOBILITY PROGRAM
E.

Acting Public Works Director/City Engineer Ponsen reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Cabral, second by Mayor Pro Tern Knoblock, CARRIED 5-0, to approve, and authorize the Mayor to execute, Amendment No. 1 to Contract No.C18-37, by and between the City of San Clemente and California Yellow Cab. This amendment extends the term of the contract for two years, to expire August 21, 2023.

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

CONTRACT AMENDMENT AND SUPPLEMENTAL BUDGET

APPROPRIATION FOR TREE MAINTENANCE
Maintenance Operations Supervisor Fields reviewed the contents of the Administrative Report and along with Acting Public Works Director/City Engineer Ponsen responded to Council inquiries .

Motion by Councilmember James, second by Councilmember Cabral, FAILED 2-3 (Councilmember Enmeier, Mayor Pro Tern Knoblock and Mayor Duncan voting Noe), to defer this item to the March 7, 2023, City Council Meeting with a more comprehensive administrative report.

AYE: Cabral and James
NOE: Enmeier, Knoblock and Mayor Duncan
Motion by Councilmember Enmeier, second by Mayor Duncan, CARRIED 3-2 (Councilmember Cabral and Councilmember James voting Noe), to:

1. Approve a supplemental budget appropriation in the amount of $50,000 to the Maintenance of Trees Account No. 001-633-43426.

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract C21-10, by and between the City of San Clemente and West Coast Arborists, Inc. This amendment increases the contract amount from $1,305,000 to $1 ,355,000 (an increase of $50,000).

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

Page 7 of 11 ends

19 -----------~-----
City Council Regular Meeting Minutes February 21, 2023
K. CONTRACT AMENDMENT - MAINTENANCE SERVICES AGREEMENT WITH ED STEvVART AND ASSOCIATES FOR INSPECTION AND CLEANUP OF

ABANDONED PROPERTY AND REFUSE
Maintenance Operations Supervisor Fields reviewed the contents of the Administrative Report and along with Acting Public Works Director/City Engineer Ponsen responded to Council inquiries.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Cabral, CARRIED 5-0, to approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. AC-1126, by and between the City of San Clemente and Ed Stewart and Associates, Inc.

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

7. Public Hearings
None.

8. Unfinished Business
None.

9. New Business
None.

10. Oral Communications (Part 2)
Tawni Burns requested Council ban 5-axle trucks on Avenida Vista Hermosa.

Evaluation of 5-Axel Trucks on Avenida Vista Hermosa
Councilmember James, with the support of Councilmember Knoblock and Councilmember Enmeier directed staff to :

1. Evaluate the feasibility of banning 5-axel trucks (semi-trucks) on Avenida Vista Hermosa.

2. Evaluate bicycle safety on Avenida Vista Hermosa.

3. Police Services is to evaluate the feasibility of potential enforcement on a ban of 5-axel trucks on Avenida Vista' Hermosa .

Page 8 of 11 ends

20 City Council Regular Meeting Minutes February 21, 2023

11. Reports
A. Commissions and Committees
None.

B. City Manager
Announcement of Contracts Approved and Executed by the City Manager City Manager Hall reported that the following professional services contract was executed by his predecessor (Interim City Manager Joyce): 1) NCE, for the Pavement Management System Update in the amount of $46,600.

C. City Attorney
None.

D. Council Members
Flower Baskets on Avenida Del Mar
Councilmember James requested that the City maintain the flower baskets on Avenida Del Mar and/or work with the Downtown Business Association to maintain the flowers.

Las Palmas Elementary
Councilmember Enmeier reported that Las Palmas Elementary is experiencing increased vandalism and noted steps Capistrano Unified School District is taking to try to reduce the number of incidents.

Councilmember James expressed concerns with Las Palmas Elementary School traffic.

Pier Restroom Fire
Councilmember James requested a report to Council (if possible - not to interfere with the investigation) concerning the fire at the pier restroom.

Street/Traffic Concerns
Councilmember Cabral expressed concerns with traffic management during the Avenida Pico closure on February 15, 2023, due to a vehicle accident.

Councilmember Cabral reported vehicles doing donuts/burnouts at the end of Avenida Pico and requested mitigation measures be taken .

Page 9 of 11 ends

21 City Council Regular Meeting Minutes February 21 , 2023 San Clemente High School Boys Varsity Soccer
Mayor Duncan recognized the San Clemente High School Boys Varsity soccer team in the Division 2 CIF South finals .

FEMA Forum on Critical Incidents
Mayor Pro Tern Knoblock reported that he attended a FEMA forum on mass shooting/critical incidents on February 16, 2023.

Leadership San Clemente
Mayor Duncan announced that Leadership San Clemente is beginning April 20 - May 25, 2023. Applications will be accepted beginning on Thursday, February 23, 2023.

Council Travel/Conference Budget
Mayor Pro Tern Knoblock with the support of Mayor Duncan and Councilmember Enmeier agendized consideration of reallocation of funds for City Council travel/conference budget.

Mayor's Prayer Breakfast
Councilmember Enmeier reported that the Mayor's Prayer Breakfast is on March 14, 2023, at 7:00 a.m.

Update to Policy 1201-11 (City Council Meeting and Operating Procedure) Mayor Duncan with the support of Councilmember James and Mayor Pro Tern Knoblock, agendized a review of meeting and operating procedures.

E. Council Subcommittee Updates
Transportation Subcommittee
Councilmember James and Mayor Duncan reported that they met with the Orange County Transportation Authority concerning the 1-5 HOV project.

Sand and Beach Nourishment Subcommittee
Councilmember Cabral and Councilmember Enmeier reported that they have met with several stakeholders and have an upcoming community meeting concerning sand and beach nourishment.

Councilmember Enmeier expressed concern with the Orange County Transportation Authority's use of rip rap to stabilize the train tracks and the impact on sand retention .

Page 10 of 11 ends

22 City Council Regular Meeting Minutes February 21 , 2023 Homeless Subcommittee
Councilmember Enmeier and Councilmember Cabral reported they have met with shelter/housing providers concerning upcoming housing projects; announced that they are going to hold a roundtable meeting with the community and stakeholders .

12. Adjournment
Motion by Councilmember James, second by Mayor Duncan, CARRIED 5-0, to adjourn at 7:43 p.m. to an Adjourned Regular Meeting to be held on February 28, 2023 at 4:00 p.m. for the purpose of conducting the Long Term Financial Plan Workshop. The next Regular Meeting will be held on March 7, 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. This meeting was adjourned in memory of Henry Hank Snider.

AYE: Cabral, Enmeier, James, Knoblock and Mayor Duncan
NOE: None
ty of
San Clemente, California

Page 11 of 11 ends

ATTACHMENT 3
23 These minutes were approved at the Public Safety Committee Meeting of 3/28/2023

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
February 28, 2023

1. CALL TO ORDER
City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, CA 92673
Committee Chair Loeffler called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:04 p.m.

2. PLEDGE OF ALLEGIANCE
Chair Loeffler led the Pledge of Allegiance

3. ROLL CALL
Committee
Members Present: Chair Rick Loeffler
Vice Chair Charles Hightower
Nick Berkuta
Michael Greenwald
Captain Rod Mellott, Marine Safety
Captain Jay Christian, Orange County Sheriff Department Members Absent: Scotland Roeber
Chief Cheyene Maule, Orange County Fire Authority
Staff Present: Adam Atamian, Deputy Community Development Director Tamara Tatich, Office Assistant
Special Guests: Tom Streeter and Donna Vidrine San Clemente Collaborative members

8. NEW BUSINESS
A. Recreational and Oversized Vehicle Regulation and
Recommendation
24 Page2
Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023 Chair Loeffler suggested use of the Dana Point ordinance due to its clarity and as a neighboring city. He stated overnight camping was already addressed in the Code.

Captain Christian discussed issues with enforcement of camping in vehicles. He stated recreational vehicle was defined by the California Vehicle Code. He stated parking regulations were currently being enforced.

Chair Loeffler stated he met with City Manager Hall and suggested use of Code Enforcement where OCSD might not be able to take action.

Member Berkuta stated the San Clemente ordinance was too wordy. He discussed Martin v. Boise and the need for a regional shelter. Chair Loeffler stated the existing code was hard to understand, therefore, he suggested the Dana Point language.

Deputy Community Development Director Atamian stated specific vehicle size could be identified.

Vice Chair Hightower questioned the limitation of overnight parking and 36-hour restriction. He suggested allowing 72-hour parking with a permit.

Chair Loeffler stated the permit process could be added to the ordinance.

Tom Streeter, San Clemente Homeless Collaborative, encouraged adoption of an ordinance in order to enforce RV parking.

Donna Vidrine encouraged a safe parking program, where Community Outreach, Code Compliance and Sheriffs could interact with those living in vehicles.

Chair Loeffler stated the Human Affairs Committee Work Plan included a parking program. He suggested the use of the Dana Point ordinance adding identification of the Health and Safety Code definition of RV and a link to the phone number to extend the permit.

In response to Committee questions, Deputy Community Development Director Atamian stated the consequences were listed in Title 1, misdemeanors with authority to issue an infraction. He discussed difficulty with enforcing time limited restrictions. He reiterated that the direction from Council was to streamline the process to enable easier enforcement.

MOTION BY COMMITTEE MEMBER GREENWALD, SECOND BY CHAIR
LOEFFLER, AND CARRIED 4-0, Member Roeber absent, to recommend use of the Dana Point ordinance adding the definition of recreational vehicle from the 25

Page 3 ends

Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023 California Health and Safety Code and providing the phone number to obtain permits.

4. SPECIAL ORDERS OF BUSINESS/PRESENTATIONS

5. 6.

7. A. Presentation by Mike Muskovin from "PREPARED"
Mike Muskovin and Kim Kaplan, PREPARED, provided an overview on PREPARED communication centers for Police, Fire and EMS.

In response to Committee questions, Mr. Muskovin confim,ed that the Orange County Sheriff's Department would be using the service; explained the simple user interface, training for dispatchers, archiving of records, smart phone requirements, call transfers from California Highway Patrol (CHP) to the Police Department, future bundling of videos, Fourth Amendment and permission to record, and additional advanced capabilities for cost.

MINUTES
A. Minutes from the Regular Public Safety Committee meeting of January 24,2023

MOTION BY VICE CHAIR HIGHTOWER, SECOND BY MEMBER
GREENWALD AND CARRIED 4-0, Member Roeber absent, to approve the minutes from the Public Safety Committee meeting of January 24, 2023.

ORAL AND WRITTEN COMMUNICATION
Tom Streeter, Co-Chair of Homeless Collaborative, referenced the legality of Fourth Amendment Right related to recording incidents.

Member Berkuta discussed potential defense attorney use of Fourth Amendment Rights.

REVIEWS AND RECOMMENDATIONS
A. Marine Safety Performance Measures FY 2023 Q1
Captain Mellott indicated he was available to respond to questions.

The Committee commended Marine Safety services.

Chair Loeffler explained the involvement of the public safety groups requesting inclusion in the Public Safety Committee meetings and thanked them.
26 Page4
Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023 B.

Vice Chair Hightower requested the number of violations for e-bikes on the beach trail. Captain Mellott stated he was aware of only one and Council direction should be provided if the Committee wanted those statistics. He discussed public education on bike safety.

Member Berkuta suggested consideration of the number of injuries due to e~bikes.

OCSD Performance Measures FY 2023 Q1
In response to Committee questions, Captain Christian explained Group A Crime statistics; and response times.

9. UNFINISHED BUSINESS
A. Public Safety Committee Annual Work Plan FY2022-2023

2. Homelessness and Best Management Practices for Public Safety Personnel Project Update
Chair Loeffler stated he met with the new City Manager to tour the encampment at North Beach. He stated staff would begin noticing removal of personal belongings and making the play area more family friendly. He discussed the CARE Act and lack of funding.

3. Legislative Review
None.

4. Neighborhood Watch
Chair Loeffler stated the new Crime Prevention Specialist would be working with the Committee on the program and discussed the online application process.

Member Greenwald discussed efforts to work with management companies to start neighborhood watch programs with the various HOAs.

5. Statistical Information and Review
Vice Chair Hightower discussed the ambulance service contract and expressed concern regarding average response time.
27

Page 5 ends

Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023

6. Human Trafficking
None.

7. E-Bicycle/Traffic Safety
Vice Chair Hightower provided statistics related to e-bike injuries. He suggested providing recommendations to the Council to improve safety; and developing a data base of e-bike injuries.

Chair Loeffler suggested law enforcement provide education on helmets.

The Committee discussed helmet requirements.

1. Communications and Disaster Preparedness Project Update Vice Chair Hightower discussed the wireless priority system and governmental emergency telecommunications service.

Member Berkuta explained prioritization of phone service for public safety workers during disasters.

8. Technology Review
None.

9. Review of Urgent Matters
Chair Loeffler stated he would work with Deputy Community Development Director Atamian to draft a memo to the City Council recommending participation in the PREPARED program.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriffs Department Captain Christian Captain Christian stated reserves would be trained to enforce e-bikes on the beach trail. He provided statistics on e-bike collisions for 2022. He discussed the recent vandalism of Sheriff vehicles. He stated the Council had not yet approved the FLOCK camera agreement.

B. Fire Services- Orange County Fire Authority, Chief Maule None.

C. Marine Safety - Marine Safety Division Captain Mellott 28 Page6
Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023 Captain Mellott provided an overview of recertification and rookie training; weather, pier jumpers; service to homeless; vandalism and efforts to deter activity; upcoming 5K/10K; and 9-17-year-old swim tests.

D. Committee Chair
None.

E. Committee Members
Member Berkuta announced CERT training; postponement of tsunami training to April; and upcoming tsunami walk.

F. City Staff
None.

11. ADJOURNMENT

MOTION BY COMMITTEE MEMBER BERKUTA, SECOND BY MEMBER
GREENWALD, AND CARRIED 4-0, Member Roeber absent, to adjourn at 5:16 PM to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, March 28, 2023 at 3:00 p.m. at City Hall in Council Chambers at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,
~:J.~~
Attest:

Adam ~ Atamian, Deputy Community Development Director
SAN CLEMENTE – Current Regulations

10.28.230 - Parking time for commercial vehicles, recreational vehicles, trailers, and trailer-mounted boats on City streets and alleys.

A. Parking of Commercial Vehicles on City Streets. .....Except as provided herein, no commercial vehicle, as that term is defined in Section 10.04.010 of this Code, shall remain parked on a City street or alley for over two (2) hours between the hours of 5:00 a.m. and midnight. The parking of commercial vehicles on any City street or alley is prohibited between the hours of midnight and 5:00 a.m. The foregoing restrictions shall not apply to either of the following: (i) any commercial vehicle then currently involved in the construction, reconstruction, maintenance, or repair of any street or alley upon which the commercial vehicle is parked or any development occurring on any adjacent property; or (ii) any commercial vehicle employed by any governmental entity or public utility which is used for urgent response purposes including, but not limited to, ambulances and utility repair vehicles.

B. Recreational Vehicles and Trailer Mounted Boats. .....Except as provided herein, no recreational vehicle, as that term is defined in California Health and Safety Code Section 18010, and no trailer-mounted boat shall remain parked on a City street or alley for over five (5) hours; provided, that the five (5) hour time limit for recreational vehicles and trailer-mounted boats (collectively, "RVs") may be extended to a maximum of thirty-six (36) hours upon receipt of a City-issued RV parking extension. A maximum of six (6) round-trip RV parking extensions may be issued per residential address per calendar year. For the purposes of this subsection, a round-trip RV parking extension shall mean one (1) thirty-six (36) hour parking extension for the loading of the RV and one (1) thirty-six (36) hour parking extension for the unloading of the RV. Only round-trip extensions may be issued, and the commencement of the unloading period must occur no sooner than twenty-four (24) hours after termination of the loading period. An RV parking extension shall be issued free of charge and may be obtained from the Orange County Sheriffs Department dispatch at (949) 770-6011 by providing the following information: the date and time on-street parking for the purpose of loading the RV will commence; the date and time on-street parking for the purpose of unloading the RV will commence (if known; otherwise, this information can be provided upon return); the name and address of the person requesting the RV parking extension; the make, model, and license plate number of the RV; and the location where the RV will be parked. If the RV parking extension has been obtained, the RV may be parked on the City street or alley at the location and during the period of time authorized by the RV parking extension. At the expiration of the five (5) hour period or, if an RV parking extension has been obtained, at the expiration of the period authorized by the RV parking extension, the RV shall be moved so it is no longer parked on the City street or alley and the RV shall not be parked on City streets or alleys for the ensuing twenty-four (24) hours. The terms of RV parking extensions shall be separated by at least three (3) days.

C. Trailers. .....Except as provided in Subsection B above, no vehicle with an attached Trailer, as that term is defined in California Vehicle Code Section 630, shall remain parked on a City street or alley for over five (5) hours. The parking of any trailer which is not attached to a vehicle on any City street or alley is prohibited unless the trailer is then currently involved in the construction, reconstruction, maintenance, or repair of any street or alley upon which the vehicle is parked or any development occurring on any adjacent property.

10.28.150 - Parking trailers, etc., on streets.

It is unlawful for any person to park or leave parked any camp car or trailer, or other vehicle which could be used for living purposes, upon any public street within the City between the hours of three (3:00) a.m. and six (6:00) a.m.

ATTACHMENT 4
29 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 7/18/2023 Agenda Item: 9A
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING CHAPTERS 2.28 AND 2.40

OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE BEACHES, PARKS AND

RECREATION COMMISSION AND HUMAN AFFAIRS COMMITTEE, RESPECTIVELY, ADDING CHAPTER 2.45, ESTABLISHING AN ARTS AND CULTURE COMMITTEE; AND CONSIDERATION

OF A RESOLUTION REGARDING COMPENSATION FOR MEMBERS OF THE ARTS AND

CULTURE COMMITTEE AND COASTAL ADVISORY COMMITTEE
Summary:

At its meeting of June 20, 2023, the City Council introduced and conducted a first reading of Ordinance No. 1753, re-establishing the Coastal Advisory Committee and directed Staff to return with an Ordinance creating an Arts and Culture Committee and modifying the Human Affairs Committee meeting schedule to allow for the Committee to meet monthly, rather than bi-monthly.

With the establishment of the Coastal Advisory Committee and an Arts and Culture Committee, it is appropriate to set compensation to members by resolution at $55 per meeting, consistent with compensation to other City commission and committee members. Proposed Resolution No. 23-75 (Attachment 2) accomplishes that.

With the establishment of the Coastal Advisory Committee, some of the Beaches, Parks and Recreation Commission duties will be carried over to the Coastal Advisory Committee. The proposed Ordinance No. 1756, provided as Attachment 1 to this agenda report, provides for all of the changes directed by Council, with redlines indicating where changes were made.

Below is a summary of the changes, as reflected in the Exhibits attached to the proposed Ordinance No. 1756 (Attachment 1):

Exhibit A
Beaches, Parks and Recreation Commission
References made to the Beaches, Parks and Recreation Commission duties which relate to coastal issues, including ocean and beach quality have been removed. Coastal issues will fall under the Coastal Advisory Committee. References to parkway and street trees were removed as those are now a function of Public Works. It is anticipated that staff support for the Commission will be provided by the Coastal Administrator who will be hired in the near future, or designee.

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Meeting Date: 7/18/2023 Agenda Item: 9A
Exhibit C
Human Affairs Committee
The Ordinance has been modified to allow regular meetings to be on a monthly basis.

Exhibit E
Arts and Culture Committee
The proposed Arts and Culture Committee’s functions and duties are as follows:
· Act in an advisory capacity to the City Council in all matters pertaining to the arts and culture program including developing and making recommendations on arts acquisition and proposals for art works for public buildings and public spaces;
· Recommend rules and regulations necessary for the administration, preservation, and perpetuation of fine arts, performing arts, and aesthetic aspects of the community and make recommendations with respect thereto to the City Council and the City Manager; · Elevate arts and cultural events and programming in San Clemente by providing direction and support for continued development and presentation of a variety of arts in the city; · Foster the inclusion of arts and cultural aspects in local events; · Evaluate and review arts and culture plans of the City; · Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting.

Any amendments to the work plan shall require Council approval; · Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission; and · Perform such other duties as may be prescribed by the City Council.

It is anticipated that the Committee will receive staff support from the Director of Beach, Parks and Recreation, or designee.

City Council Options:
· Introduce and conduct the first reading of Ordinance No. 1756 and adopt Resolution No. 23-

75. · Modify Ordinance No. 1756 and conduct a first reading and/or modify and adopt Resolution No. 23-75.
· Direct Staff to return to Council with additional information. · Take no action with respect to Ordinance No. 1756 and/or Resolution No. 23-75.

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Meeting Date: 7/18/2023 Agenda Item: 9A
Fiscal Impact:

Yes. If Council determines to pay the Coastal Advisory Committee members and Arts and Culture Committee members $55.00 per meeting, the total fiscal impact would be $6,600 per year. There will also be additional staff time devoted to the newly established committees.

Environmental Review/Analysis:

Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines (14 CCR Section 15378(b)(5)), neither the proposed Ordinance nor any of the other actions contemplated in this report constitute a “project” under CEQA because they are organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Recommended Actions:

Staff Recommendation

1. Introduce Ordinance No. 1756 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 2.28 AND 2.40 OF THE

MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE, RELATING TO THE BEACHES,

PARKS AND RECREATION COMMISSION AND HUMAN AFFAIRS COMMITTEE, RESPECTIVELY, AND ADDING CHAPTER 2.45 ESTABLISHING AN ARTS AND CULTURE COMMITTEE.

2. Adopt Resolution No. 23-75 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, RELATING TO COMPENSATION PAID TO MEMBERS OF THE ARTS AND CULTURE COMMITTEE AND COASTAL ADVISORY COMMITTEE.

3. Upon adoption of the Ordinance, direct staff to recruit to fill five vacancies on the newly created Arts and Culture Committee and set a meeting date to interview and appoint committee members.

4. Receive and file the Administrative Report, dated July 18, 2023, which is on file with the City Clerk.

Attachment:

1. Ordinance No. 1756.

2. Resolution No. 23-75.

Notification:

None.

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Attachment 1
ORDINANCE NO. 1756

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING CHAPTERS 2.28 AND 2.40 OF THE

MUNICIPAL CODE OF THE CITY OF SAN

CLEMENTE, RELATING TO THE BEACHES, PARKS

AND RECREATION COMMISSION AND HUMAN

AFFAIRS COMMITTEE, RESPECTIVELY, AND
ADDING CHAPTER 2.45 ESTABLISHING AN ARTS

AND CULTURE COMMITTEE
WHEREAS, at its meeting of June 20, 2023, the San Clemente City Council expressed the desire to establish an Arts and Culture Committee, to re-establish a Coastal Advisory Committee, to make changes to the Beaches, Parks and Recreation Commission and to have the Human Affairs Committee meet monthly; and WHEREAS, these changes require amendments and additions to the San Clemente Municipal Code (SCMC); and
WHEREAS, the City Council introduced and conducted a first reading of the ordinance at its regular meeting of July 18, 2023 and considered any public input provided at that time; and
WHEREAS, updating the SCMC is in the City’s and public’s best interest.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1: Chapter 2.28 of the SCMC, relating to the Beaches, Parks and Recreation Commission, is hereby modified to read in its entirety as set forth in Exhibit A attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).

Section 3: Chapter 2.40 of the SCMC, relating to the Human Affairs Committee, is hereby modified to read in its entirety as set forth in Exhibit C attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).

Section 4: Chapter 2.45, relating to the creation of an Arts and Culture Committee, is hereby added to the SCMC to read as described in Exhibit E attached hereto and incorporated fully herein.

Section 5: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this 4 Ordinance No. 1756 Page 2

Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 6. This Ordinance shall become effective on September 14, 2023.

Section 7. Upon this Ordinance becoming effective, all previous Ordinances and Resolutions that are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 8. The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once 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.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
5 Ordinance No. 1756 Page 3

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. 1756 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
Approved as to Form:
__________________________
Elizabeth A. Mitchell, City Attorney
6 Ordinance No. 1756 Page 4

EXHIBIT A
CHAPTER 2.28 - BEACHES, PARKS AND RECREATION COMMISSION

2.28.010 - Establishment of the Beaches, Parks and Recreation Commission; composition; appointment of members.

There is established a Beaches, Parks and Recreation Commission which shall consist of seven San Clemente citizens appointed by the City Council.

2.28.020 Function.

The Beaches, Parks and Recreation Commission's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, and parkways;
B. Provide feedback on projects to be considered during the annual budget for parks, beaches, recreation, parkways, during the preparation of the annual budget and make recommendations with respect thereto to the City Council and the City Manager;
C. Assist in the planning of parks and support the coordination of recreation programs for the public, promote and stimulate public interests therein, and to that end solicit, to the fullest extent possible, the cooperation of all public and private agencies interested therein;
D. Evaluate and review park development plans of the City; E. Develop an annual work plan with specific goals and objectives for the coming year, The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
F. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission; and
G. Perform such other duties as may be prescribed by the City Council.

2.28.030 Beaches, Parks and Recreation Commission—Term of office.

The terms of office of members of the Beaches, Parks and Recreation Commission shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that four Commissioners are appointed in even-numbered years and three Commissioners are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Commission members assume office in July, the Commission shall select a chair and vice-chair from among its members, No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the 7 Ordinance No. 1756 Page 5
forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Beaches, Parks and Recreation Commissioners until successors are appointed by the City Council and assume office.

2.28.040 Meetings—Attendance.

The Beaches, Parks and Recreation Commission shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Beaches, Parks and Recreation Commission meetings shall be established by resolution of the Beaches, Parks and Recreation Commission. Any member of the Beaches, Parks and Recreation Commission who is absent from two consecutive regular meetings of the Beaches, Parks and Recreation Commission, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Beaches, Parks and Recreation Commission to be absent from two consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Beaches, Parks and Recreation Commission and the office shall be considered vacant.

2.28.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Beaches, Parks and Recreation Commission shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Beaches, Parks and Recreation Commission shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

2.28.060 Voting power of members.

The members of the Beaches, Parks and Recreation Commission shall each have one vote on any matter pending before the commission.

2.28.070 Commission subject to state law, etc.

The Beaches, Parks and Recreation Commission shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City. 8 Ordinance No. 1756 Page 6

EXHIBIT C
CHAPTER 2.40 - HUMAN AFFAIRS COMMITTEE

2.40.010 - Establishment of the Human Affairs Committee; composition; appointment of members.

There is established a Human Affairs Committee which shall consist of seven (7) San Clemente citizens appointed by the City Council. It is preferred that two members of the Human Affairs Committee possess expertise in the area of homelessness.

2.40.020 - Function.

The Human Affairs Committee's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to human needs, including homelessness, within the City of San Clemente;
B. Act as a sounding board for human needs and homelessness within the community;
C. Assess the human affairs needs of the community on a periodic basis;
D. Establish a priority list of identified needs and reassess periodically; E. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year.

The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
F. Limit meetings to three hours unless otherwise approved by a majority vote of the Committee plus the concurrence of the primary staff support to the Committee;
G. Perform such other duties as may be prescribed by the City Council.

2.40.030 - Human Affairs Committee - Terms of Office.

The terms of office of members of the Human Affairs Committee shall be for two (2) years from July 1st to June 30th of the second following year, and with such terms staggered so that four (4) Committee members are appointed in even-numbered years and three (3) Committee members are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members. No less than sixty (60) days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with 9 Ordinance No. 1756 Page 7
expiring terms shall continue to serve as Human Affairs Committee members until successors are appointed by the City Council and assume office.

2.40.040 - Meetings - Attendance.

The Human Affairs Committee shall hold monthly meetings in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Human Affairs Committee meetings shall be established by resolution of the Human Affairs Committee.. Qualifying committee meetings shall be limited to those gatherings which, in the opinion of the City Manager or his/her designee, will help the Human Affairs Committee to fulfill its function as set forth in Section 2.40.020 of this Code. Any member of the Human Affairs Committee who is absent from three (3) consecutive regular meetings of the Human Affairs Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Human Affairs Committee to be absent from three (3) consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Human Affairs Committee and the office shall be considered vacant.

2.40.050 - Filling of vacancies - Removal of members.

Any vacancy occurring in the office of a member of the Human Affairs Committee shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Human Affairs Committee shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

2.40.060 - Voting power of members.

The members of the Human Affairs Committee shall each have one (1) vote on any matter pending before the committee.

2.40.070 - Committee subject to state law, etc.

The Human Affairs Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this code and any other ordinance of the City.
10 Ordinance No. 1756 Page 8

EXHIBIT E
Chapter 2.45 ARTS & CULTURE COMMITTEE

2.45.010 Establishment of the Arts & Culture Committee; composition; appointment of members.

There is established an Arts and Culture Committee which shall consist of five San Clemente citizens appointed by the City Council and shall be actively involved in the arts.

2.45.020 Function.

The Arts and Culture Committee’s functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to the arts and cultural program including developing and making recommendations on arts acquisition and proposals for art works for public buildings and public spaces;
B. Recommend rules and regulations necessary for the administration, preservation, and perpetuation of fine arts, performing arts, and aesthetic aspects of the community and make recommendations with respect thereto to the City Council and the City Manager;
C. Elevate arts and cultural events and programming in San Clemente by providing direction and support for continued development and presentation of a variety of arts in the city; foster the inclusion of arts and cultural aspects in local events;
D. Evaluate and review arts and culture plans of the City; E. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
F. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission.

G. Perform such other duties as may be prescribed by the City Council.

2.45.030 Arts and Culture Committee —Term of office.

The terms of office of members of the Arts and Culture Committee shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that three Committee members are appointed in even-numbered years and two Committee members are appointed in odd-numbered years. Annually, at the 11 Ordinance No. 1756 Page 9
first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members, No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Arts and Culture Committee members until successors are appointed by the City Council and assume office.

2.45.040 Meetings—Attendance.

The Arts and Culture Committee shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time and organization of Arts and Culture Committee meetings shall be established by resolution of the Arts and Culture Committee. Any member of the Arts and Culture Committee who is absent from two consecutive regular meetings of the Arts and Culture Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Arts and Culture Committee to be absent from three consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Arts and Culture Committee and the office shall be considered vacant.

2.45.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Arts and Culture Committee shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Arts and Culture Committee shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

2.45.060 Voting power of members.

The members of the Arts and Culture Committee shall each have one vote on any matter pending before the commission.

2.45.070 Commission subject to state law, etc.

The Arts and Culture Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City.
12 Attachment 2
RESOLUTION NO. 23-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RELATING TO

COMPENSATION PAID TO MEMBERS OF THE ARTS AND

CULTURE COMMITTEE AND COASTAL ADVISORY

COMMITTEE
WHEREAS, the San Clemente City Council established an Arts and Culture Committee and Coastal Advisory Committee.

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

Section 1. Each member of the Arts and Culture Committee, as established by Section 2.45 of the San Clemente Municipal Code, shall receive compensation in the amount of $55.00 per meeting, not to exceed $55.00 per month.

Section 2. Each member of the Coastal Advisory Committee, as established by Section 2.29 of the San Clemente Municipal Code, shall receive compensation in the amount of $55.00 per meeting, not to exceed $55.00 per month.

Section 3. The salaries shall become effective at the commencement of the first meeting of the Arts and Culture Committee and Coastal Advisory Committee, respectively.

This Resolution is subject to all present and future applicable wage control laws and regulations, and shall become effective only to the extent permitted by such laws and regulations.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
13 Resolution No. 23-75 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

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

AYES:

NOES:

ABSENT:

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

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 7/18/2023 Agenda Item: 9B
Department: Public Works
Prepared By Kiel Koger, Public Works Director/City Engineer Subject:

CONSIDERATION OF A RESOLUTION DIRECTING FUTURE REPAIRS AT CASA ROMANTICA,

FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROPRIATING $8,583,560 IN FUNDING
Summary:

A landslide on April 27, 2023, at the City owned Casa Romantica facility necessitated an emergency response to ensure that more damage was not caused to an adjacent condominium building and the railroad tracks located at the bottom of the failed slope. The initial temporary repairs including regrading and reshaping the site did not stabilize the slope and more substantial repairs are needed immediately to secure the building and site to protect life and property prior to the upcoming winter rain season. The proposed resolution reaffirms that an emergency exists, grants approval of a supplemental appropriation in the amount of $8,583,560, as well as direction to staff to start immediately on the emergency slope stabilization repairs at Casa Romantica.

Background:

The western slope at Casa Romantica above the railroad tracks failed on the afternoon of April 27, 2023. The landslide deposited debris and soil near the railroad tracks below the site to the west and against the condominium building to the north. The City hired Alliance Diversified Enterprises, Inc., (ADEI) who specializes in emergency slope stability and foundation repairs, to mobilize to the site on Friday, May 12, 2023 to start the repairs under the supervision of a local geotechnical engineering firm, LGC Geotechnical, Inc. The emergency work was initially completed on June 2, 2023 but the slope continued to move over the next 2 days even with additional shaping and grading. The slope started moving again on June 5, 2023 and continues to slowly creep, necessitating more substantial repairs to secure the building and site to protect life and property prior to the winter rain season.

The next phase of work will include the installation of tiebacks and grade beams along the slope beneath the Casa Romantica building to secure the unstable slope. It is anticipated that the tiebacks will be drilled 5 feet on center in rows across the slope and founded approximately 100 feet into the slope and secured with grade beams. As the tiebacks and grade beams are installed, the slope will be excavated from the top to the bottom. The slope will then be reconstructed in front of the grade beams with the use of geogrid reinforcement placed within the compacted soil backfill. The landslide soil mass will be need to be excavated, hauled off site and blended with other soil material and then brought back to the site to be placed and compacted in lifts to rebuild the slope. The exact amount of soil that needs to be excavated and then replaced and compacted is unknown due to the possible presence of another landslide mass at the base of slope near the railroad tracks.

Staff has received numerous emails from the citizens of Reef Gate as well as staff from Casa Romantica and Metrolink inquiring about the next steps to stabilize the slope and to stress the need CITY OF SAN CLEMENTE Page 1 of 4 Printed on 7/14/2023
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Meeting Date: 7/18/2023 Agenda Item: 9B
Romantica and Metrolink inquiring about the next steps to stabilize the slope and to stress the need to act in a swift manner going forward. In speaking to some local construction companies, there doesn’t appear to be any local vendors with the equipment or personnel that are able to perform this specialty work. In addition, staff reached out to several shoring contractors in Southern California about their availability to do this work. Some of the larger contractors would be able to start work soon but would need two weeks to prepare a proposal and wouldn’t mobilize until after a contract was finalized. Some of the smaller contractors required longer lead times to mobilize and order materials. If the desire is to obtain additional proposals, it will delay the project by at least 6 weeks and any proposals received will be conservative due to the uncertain nature of the work as the overall site design hasn’t been completed. ADEI was able to come to an agreement on a contract and mobilize within a week when contacted after the initial landslide to start work and can mobilize within a week to start the next repairs. They are a reputable and experienced shoring contractor who have done many projects of similar size and scope.

The City has worked closely with OCTA and Metrolink on coordination of this work. In addition, staff notified the California Coastal Commission (CCC) on May 11, 2023 and June 8, 2023 of the immediate emergency actions needed to stabilize the slope. A meeting with the CCC on July 6, 2023 was also held to discuss the work required going forward.

Council Options:
· Adopt Resolution No. 23-76, authorizing staff to start immediately on the emergency slope stabilization repairs at Casa Romantica, finding the project exempt from the California Environmental Quality Act, and directing staff to bring two future agenda items to City Council to ratify an Emergency Construction Contract with Alliance Diversified Enterprises, Inc. and to ratify an Emergency Professional Consultant Services Agreement with LGC Geotechnical, Inc. and appropriate funding therefore.
· Modify and adopt Resolution No. 23-76.
· Continue the item with direction to provide additional information. · Do not adopt Resolution No. 23-76 and provide an alternative direction to staff.

Fiscal Impact:

Yes. The emergency slope stabilization repairs to include excavation, grading, site work and installation of a tieback shoring system is estimated not to exceed $7,800,000. The work will be performed by force account (time and materials) due to the uncertain site conditions and unknown level of repair that will be required until construction has started. The repair work could take up to one year to complete. Engineering services in an amount not to exceed $783,560 to include geotechnical design and consulting, construction oversight, testing and inspection as well as the subcontracted work for surveying and civil site design for the stabilization system will also be required.

City staff is pursuing potential sources of funding from FEMA and the CJPIA. The California Office of Emergency Services (CalOES) is conducting preliminary damage assessments and collecting initial damage estimates from all affected cities within the County for the storm incident period, which began on February 21, 2023. The current countywide cost estimates are below the threshold required to trigger FEMA funding but it is still possible the threshold will be met.

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City staff also met with representatives from CJPIA about possible funding. Typically, the CJPIA will cover damage to buildings or other affected properties but not landslides or slope repairs. They are scheduled to have an internal meeting in the near future to discuss and provide further guidance.

The most readily available funding source can be provided through a delay of other programmed CIP projects. The Mariposa Pedestrian Beach Trail Bridge Replacement project could be delayed a few years (to allow the fund to be replenished) and has approximately $8M budget already allocated. This would result in a transfer of Capital Fund (Facilities Reserve) amounts to fund this project.

Environmental Review/Analysis:

Under the State CEQA Guidelines, an emergency is defined as a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services and includes fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident or sabotage. This work meets the definition of an emergency.

Before proceeding with the temporary repairs, staff determined that the project qualified for an exemption pursuant to Section 15269(c) of the State CEQA Guidelines as specific actions necessary to prevent or mitigate an emergency. Staff recommends that the City Council make the same finding with respect to the future planned repairs.

The California Coastal Commission was notified on May 11, 2023 and June 8, 2023 of the immediate emergency action needed to stabilize the slope. A meeting with the CCC on July 6, 2023 was also held to discuss the work required going forward.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-76, which would:

1. Find the project exempt from the California Environmental Quality Act pursuant to Section 15269(c) of the State CEQA Guidelines;

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

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

4. Approve a supplemental appropriation in the amount of $8,583,560 to Account Number 001- 481-43470-000-23502 from the Capital Reserve Fund balance;

5. Authorize and direct staff to take such actions as are necessary and proper to start immediately on the emergency slope stabilization repairs at Casa Romantica, including entering into a contract and bringing a future agenda item to City Council to ratify an Emergency Construction Contract with Alliance Diversified Enterprises, Inc. on a time and materials basis for CITY OF SAN CLEMENTE Page 3 of 4 Printed on 7/14/2023 powered by Legistar™ 3
Meeting Date: 7/18/2023 Agenda Item: 9B
Construction Contract with Alliance Diversified Enterprises, Inc. on a time and materials basis for an amount not to exceed $7,800,000; and

6. Authorize and direct staff to enter into a contract and bring a future agenda item to City Council to ratify an Emergency Professional Consultant Services Agreement with LGC Geotechnical, Inc. on a time and materials basis for an amount not to exceed $783,560 for geotechnical design and consulting, construction oversight, testing and inspection as well as the subcontracted work to include surveying and civil site design.

Attachment:

1. Resolution No. 23-76
Notification:

Casa Romantica, OCTA/Metrolink, Reef Gate HOA
CITY OF SAN CLEMENTE Page 4 of 4 Printed on 7/14/2023
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ATTACHMENT 1
RESOLUTION NO. 23-76

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DIRECTING STAFF TO

START IMMEDIATELY ON THE EMERGENCY SLOPE

STABILIZATION REPAIRS AT CASA ROMANTICA AND TO

BRING TWO FUTURE AGENDA ITEMS TO CITY COUNCIL

TO RATIFY AN EMERGENCY CONSTRUCTION

CONTRACT WITH ALLIANCE DIVERSIFIED
ENTERPRISES, INC. AND AN EMERGENCY

PROFESSIONAL CONSULTANT SERVICES AGREEMENT
WITH LGC GEOTECHNICAL, INC., FINDING THE

PROJECT EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
SECTION 15269(C) OF THE STATE CEQA GUIDELINES
AND APPROPRIATING $8,583,560 IN FUNDING

THEREFORE
WHEREAS, a landslide on April 27, 2023 necessitated an emergency response to ensure that more damage was not caused to a condominium building and railroad tracks adjacent to the failed slope; and
WHEREAS, the initial temporary repairs completed on June 4, 2023 including regrading and reshaping the site did not stabilize the slope and the slope continues to creep slowly; and
WHEREAS, in order to protect public health and safety, more substantial repairs are needed immediately to secure the building and site to protect life and property prior to the upcoming winter rain season; and
WHEREAS, the next phase of work will include the installation of tiebacks and grade beams along the slope beneath the Casa Romantica building to secure the unstable slope; and
WHEREAS, it is anticipated that the tiebacks will be drilled 5 feet on center in rows across the slope and founded approximately 100 feet into the slope and secured with grade beams; and
WHEREAS, as the tiebacks and grade beams are installed, the slope will be excavated from the top to the bottom. The slope will then be reconstructed in front of the grade beams with the use of geogrid reinforcement placed within the compacted soil backfill; and
WHEREAS, the landslide soil mass will be need to be excavated, hauled off site and blended with other soil material and then brought back to the site to be placed and compacted in lifts to rebuild the slope; and
5 Resolution No. 23-76 Page 2
WHEREAS, the exact amount of soil that needs to be excavated and then replaced and compacted is unknown due to the possible presence of another landslide mass at the base of slope near the railroad tracks.

NOW, THEREFORE, the City Council of the City of San Clemente hereby finds, resolves and determines as follows:

SECTION 1. That the foregoing recitals are true and accurate and are incorporated herein.

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

SECTION 3. That the public interest and necessity demand the immediate expenditure of public funds to safeguard public health.

SECTION 4. That under the California Environmental Quality Act (CEQA) Guidelines, an emergency is defined as a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to life, health, property, or essential public services and includes fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident or sabotage. This project meets the definition of an emergency and is exempt from CEQA pursuant to Section 15269(c) of the State CEQA Guidelines as specific actions necessary to prevent or mitigate an emergency.

SECTION 5. That a supplemental appropriation in the amount of $8,583,560 to Account Number 001-481-43470-000-23502 from the General Fund unassigned fund balance is approved; and
SECTION 6. That staff is authorized and directed to take such actions as are necessary and proper to start immediately on the emergency slope stabilization repairs at Casa Romantica, including entering into a contract and bringing a future agenda item to City Council to ratify an Emergency Construction Contract with Alliance Diversified Enterprises, Inc. on a time and materials basis for an amount not to exceed $7,800,000.

SECTION 7. That staff is authorized and directed to enter into a contract and bring a future agenda item to City Council to ratify an Emergency Professional Consultant Services Agreement with LGC Geotechnical, Inc. on a time and materials basis for an amount not to exceed $783,560 for geotechnical design and consulting, construction oversight, testing and inspection as well as the subcontracted work to include surveying and civil site design.

SECTION 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 6 Resolution No. 23-76 Page 3
PASSED AND ADOPTED this _____ day of July, 2023.
_______________________
Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-76 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of July 2023, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
7 AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 7/18/2023 Agenda Item: 9C
Department: City Manager
Prepared By Andy Hall, City Manager
-
Subject:

I-5 FREEDOM NETWORK/THE LEVI PROJECT REQUEST FOR USE OF CITY LETTERHEAD Fiscal Impact:

None.

Summary:

The City of San Clemente is partnering with the i-5 Freedom Network and The Levi Project to empower hotel guests to report suspicious activity related to Human Trafficking. As part of the partnership, there is a request to use City Letterhead to send letters (sample letter is provided as Attachment 1 to the administrative report) to a coalition of hotels participating in the Levi Project.

City Policy 1201-13 (Use of City of San Clemente Letter and Stationery) dictates that use of City letterhead which reflects the position of the full Council shall be agendized for City Council approval.

On October 18, 2022, the City Council approved the Public Safety Committee Work Plan (Attachment 2 of the Administrative Report) which included a “Human Trafficking Project”, but did not specifically name The Levi Project in the Work Plan. This agenda item provides Council the opportunity to consider use of City letterhead specifically for the i-5 Freedom Network and The Levi Project.

Council Options:
-
· Approve use of the City Letterhead.
· Deny use of City Letterhead.
· Request Staff return to Council with additional information.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Approve use of City Letterhead for the i-5 Freedom Network/The Levi Project.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 7/14/2023
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Meeting Date: 7/18/2023 Agenda Item: 9C
Attachment:

1. Proposed letter to local hotels concerning their participation in The Levi Project

2. Public Safety Committee 2022-23 Work Plan
Notification:
i-5 Freedom Network.

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ATTACHMENT 1
Holiday Inn Express
35 Via Pico Plaza
San Clemente CA 92672
On behalf of the City of San Clemente and the i-5 Freedom Network, your hotel has been selected to join a coalition of hotels participating in The Levi Project.

In collaboration with The City of San Clemente, hotel industry representatives, the OC Sheriff’s Department, and Survivors of hotel-based human trafficking, the Levi Project has been designed to empower hotel guests to report suspicious activity when they see it and feel comfortable requesting assistance when they need it.

During this pilot program your hotel will be asked to:
● Schedule a 15 min introduction with an i-5 Freedom Network representative either in person or on Zoom
● Participate in brief follow-up connections with an i-5 Freedom Network representative either in person or on Zoom
● Report any experiences related to The Levi Project as they arise utilizing a dedicated email address provide by i-5 Freedom Network
● Complete a short survey to help improve and build on the program Accompanying this letter is your hotel’s Levi Project Kit. Please scan the QR Code to receive simple instructions on implementation. The Levi Project is designed to be an effective asset to your hotel without disrupting daily operations or violating Brand Standard. Your participation is greatly appreciated and your hotel will be recognized by the City of San Clemente and the i-5 Freedom Network as a pioneer of safety and security in the hospitality industry.

If you choose not to participate, please email the i-5 Freedom Network at [email protected] to schedule a convenient time for a representative to pick up the Levi Project Kit.
[sign off as you would here]
3 4

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 10/18/2022 Agenda Item: 4M
Department: Community Development
Prepared By: Rick Loeffler, Public Safety Committee Chair and Adam Atamian, Deputy Community Development Director
Subject:

PUBLIC SAFETY COMMITTEE 2022-2023 ANNUAL WORK PLAN
Fiscal Impact:

Yes. The work plan proposes a number of projects, most of which have costs anticipated to be less than $1000. Many of these costs are included in the adopted City budget because they consist of work and research staff would typically provide for the City in other forms. Two proposed projects, the Neighborhood Watch Program and the Human Trafficking project, are not budgeted, and have anticipated costs of $15,000 and $3,500, respectively. The recommended action includes appropriating $3,500 for the Human Trafficking project from the City’s General Fund. An appropriation request for the cost of the Neighborhood Watch Program will be brought back to the Council at a later date for approval once the actual cost and necessary City resources are identified by the Committee.

Summary:

Per Council direction, the Public Safety Committee is required to develop and submit an annual work plan with specific goals and objectives for the coming year for Council approval. Staff recommends the City Council approve the Public Safety Committee’s 2022-2023 Work Plan.

Background:

The Public Safety Committee was established as a standing committee to act in an advisory capacity to the City Council by reviewing performance measures and making recommendations relating to public safety.

During the Fiscal Year 2021-2022, the Public Safety Committee accomplished a number of tasks identified in the Committee’s Council-approved work plan. These accomplishments include:
 Reviewed performance measures of the Orange County Sheriff Department, Orange County Fire Authority, Contracted Ambulance Services, and the City’s Marine Safety, Park Rangers, and Code Compliance Divisions;
 Investigated the coordination and communication between both internal and external public safety entities related to disaster preparedness;
 Reviewed issues and proposed ordinances related to public safety issues directed by the City Council;
 Developed the framework for an effective and efficient neighborhood watch program; and,  Reviewed proposed federal, state, and county legislation for adverse effects or impacts on the CITY OF SAN CLEMENTE Page 1 of 3 Printed on 10/13/2022
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ATTACHMENT 2
5 Meeting Date: 10/18/2022 Agenda Item: 4M
City’s public safety services.

Discussion:

Attached is the 2022-2023 Public Safety Committee Work Plan (Attachment 1). In the course of its work in 2022-2023, the Public Safety Committee proposes to maintain the same projects from the 2021-2022 Work Plan projects to address the following issues:
 Communications And Disaster Preparedness
 Homelessness and Best Management Practices for Public Safety Personnel  Legislation Review
 Neighborhood Watch
 Statistical Information and Review
 Technology Review
 Human Trafficking
 E-bicycle / Traffic Safety
 Review of Urgent Matters
While the proposed projects are continuations of projects currently underway by the Committee, there are a few significant modifications to the 2022-2023 Work Plan. These modifications include the following:

1. Neighborhood Watch Project - the 2022-2023 Work Plan includes an estimated project cost of $15,000 to “Identify a program director, city staff member and OCSD designee to work with the Public Safety Committee to develop and implement program.” While the Committee has identified an estimated cost, the actual amount needed to carry out the program requires additional research to ascertain an adequate budget appropriation request. As part of this project, staff will work with the Committee to identify the specific program needs, including assigned staff and City resources, to implement the program. It is anticipated that City staff would assist in maintaining the Neighborhood Watch website, accepting and routing volunteer applications to the appropriate Neighborhood Watch groups, and assisting various stakeholders with facilitating block/district meetings. An appropriation request will be brought back to the Council for approval once the necessary City resources are identified by the Committee.

2. Human Trafficking Project - the 2022-2023 Work Plan includes an estimated project cost of $3,500 to include “1) cost of Priority II business-recognition awards, 2) honoraria (fees paid to victims of human trafficking for guest speaking at Public Safety Committee-hosted events), and 3) staff time to compile information.”
Plan and Policy Consistency:

The approval is consistent with the San Clemente Municipal Code (SCMC), in that it complies with SCMC Section 2.46.020.B - Public Safety Committee; Functions, which requires the Committee to develop an annual work plan with specific goals and objectives for the coming year for Council consideration.

Council Strategy:

The approval is consistent with Council Strategy 2 - Grow resident confidence and value in City services and operations - in that the Committee’s proposed work plan aims to ensure the efficient CITY OF SAN CLEMENTE Page 2 of 3 Printed on 10/13/2022
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2. Human Trafficking Project - the 2022-2023 Work Plan includes an estimated project cost of gj p j $3, ) y g, 500 to include “1) cost of Priority II business-recognition awards, 2) ( honoraria (fees paid to victims of human trafficking for guest speaking at Public Safety Committee-hosted events), gg and 3) staff time to compile information.”
6 Meeting Date: 10/18/2022 Agenda Item: 4M
provision of public safety services through the review of public safety performance measures and making recommendations to enhance public safety services in the City.

Recommended Actions:

Staff Recommendation
THE PUBLIC SAFETY COMMITTEE AND STAFF RECOMMEND THAT the City Council:

Approve the Public Safety Committee’s 2022-2023 Work Plan and appropriate $3,500 for the Human Trafficking Project from the City’s General Fund to Account No. 001-438-44310.

Attachment:

1. Public Safety Committee’s proposed 2022-2023 Work Plan Notification:

None.

CITY OF SAN CLEMENTE Page 3 of 3 Printed on 10/13/2022
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Approve the Public Safety Committee’s 2022-2023 Work Plan and appropriate $3,500 for the Human pp y pp p Trafficking Project from the City’s General Fund to Account No. 001-438-44310. 7 48

ANNUAL WORK PLAN
FY 2022/23
COMMISSION/COMMITTEE NAME: Public Safety Committee - -
Please be concise in responding to the below questions. Additional forms may be attached, if needed. . ..
-
.. .. . .

Project Name: Communications And Disaster Preparedness -~ ",,___) ·r /' '~, .
-
._........_ l '· ' ,( ) ,\
Purpose, Goals and Deliverables of Project:

Purpose: The coordination and communication between both internal and external public safety entities, often occurring on a more-than-hourly basis, is one of the most vital elements for the timely delivery of public safety services to our community. Being able to effectively and timely communicate with these agencies is vital to maintaining a safe community, and even more so during an emergency or disaster. For a successful coordination and communications program to operate, it should be properly designed, maintained and exercised. ---~ ,,_. •· Goals: Ii (I r· I \ C:. --;,,,.· / {( ,, 1.· ' " ·\ ./ -· I. To identify the various governmental and private agencies that provide essential public safety-related services to the members of our community.

2. To determine the lines and types of communications that link these agencies together in dealing with everyday situations, as well as emergencies such as natural and man-made disasters.

3. To explore and investigate potential alternate methods/ organizational designs to improve coordination efforts and communications between and among the City's various public safety services, and with the public.

4. To review industry-wide best practices and procedural duties deployed in Emergency Management Offices, and ensure the City's program incorporates those practices, when feasible.

Deliverables: At the conclusion of this project, the Public Safety Committee will report its findings, with recommendations, to the City Council fo r further action.

Project Timeline (Anticipated Start and End Dates): October 2022 to September 2023 '\) 1' ~'/' Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information.

Is this a new project or unfinished project from the prior fiscal year? Unfinished project from previous year:- --,,.xi 59 Project Name: Homelessness and Best Management Practices for Public Safety Personnel Purpose, Goals and Deliverables of Project:

Purpose: The issue of homelessness continues to be one of the greatest challenges facing municipal public safety agencies within San Clemente and outside its jurisdiction. This Committee will identify issues as they relate specifically to the established responsibilities of San Clemente's Public Safety entities, including identifying impacts from potential modifications to established responsibilities or new proposed responsibilities which are likely to result in significant operational changes. Additionally, the Committee will coordinate with the OCSD, City Code Compliance and Park Rangers, and the City's Community Outreach staff, in order to identify any factors that could be addressed in order to maintain and improve public safety in San Clemente. /J ! ' -~\ \ \ I '· // '.-._; J1 -~.....;, ...... ,...,__ Goals:

The Committee will identify strategies to improve the effectiveness of our Public Safety personnel's ability to :

I) Address the needs of the Homeless as they pertain to contacts with Public Safety personnel. 2) Identify Laws, Policies and Programs to ensure the City of San Clemente's Public Safety personnel are operating within accepted protocols. 3) Ensure that the safety and welfare of the public is strictly maintained.

Deliverables: At the conclusion of this project, the Public Safety Committee will report its findings, with recommendations, to the City Council for further action.

Project Timeline (Anticipated Start and End Dates): October 2022 to September 2023.

Resources Needed (including Staff hours): Assistance from the OCSD, San Clemente Code Compliance, San Clemente Park Rangers, San Clemente City Attorney, and San Clemente City Prosecutor. Representatives from City Net and FAM, and potentially OCHCA's Homeless Outreach Division. Staff time needed to collect pertinent information for the Committee's review is anticipated to be minimal.

Is this a new project or unfinished project from the prior fiscal year? Unfinished project from previous year .. .. .,
- .,
Project Name: Legislation Review " ~j I r 'I
Purpose, Goals and Deliverables of Project:

Purpose: Identify current and proposed legislation, at the federal, state, county, and neighboring jurisdiction levels, that adversely affects or impacts the City's public safety services.

Goals: Remain informed of proposed legislation, including any court precedents, and review those matters which have the potential to adversely affect the City. Provide recommendations to the Council, on an as-needed basis, concerning current or future legislation which could adversely affect the City. Secondarily, ensure the City's current methods for reviewing proposed legislation is comprehensive and encompassing of all potential sources of legislative impacts to the City.
. .

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $500, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-cost consists of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): On-going -:...""\ Resources Needed (including Staff hours): Minimal staff time needed to collect pending-legislative information. )} Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going. 610
Project Name: Neighborhood Watch
Purpose, Goals and Deliverables of Project:

Purpose: To develop an effective and efficient neighborhood watch program that will provide organizational structure throughout the City.

Goals:

I. Identify a program director, city staff member and OCSD designee to work with the Public Safety Committee to develop and implement program.

2. Define duties and responsibilities of program coordinator, city representative, OCSD designee and citizen volunteers (i.e block captains)

3. Design city neighborhood watch website.

4. Assist OCSD's public affairs department to develop a neighborhood watch video to be used by watch groups during inaugural meetings.

5. Develop and print flyers and related material to advertise program.

6. Recruit district and block captains. --::--......_-""'t . ......... \_ - /,/ ~ 7. Determine strategy and date for implementation of program. Deliverables: This project will culminate in the establishment of a Neighborhood Watch program, available to all portions of the City which choose~ to rake nart in the nroi:rram.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $15,000, consisting of staff time to assist in the development of the program. This cost is not included in the adopted City budget, as its staff-cost consists of work and research City staff is not currently charged with. Costs include printing of flyers and related material to advertise the program.

Project Timeline (Anticipated Start and End Dates): October 2022 to September 2023. '·, /e/ _,...-,"it I Resources Needed (including Staff hours): Assistance from OCSD, Code Compliance Division, IT Division, and Public Works Department. Cost of staff time to assist is an estimated 4-6 hours per week.

Is this a new project or unfinished project from the prior fiscal year? Unfinished project from previous year. '\\ lr 711
Project Name: Statistical Information and Review
Purpose, Goals and Deliverables of Project:

Purpose: The gathering and analyzing of statistics related to public safety incidents is essential to initiate successful strategies in how the City deploys its Police, Fire, Care Ambulance Service, Marine Safety, Park Rangers, and Code Compliance personnel and related resources. Another important component of this information gathering is its dissemination to the general public. An accurate understanding of the public safety issues affecting particular neighborhoods provides the public with a better sense of clarity and ownership in regards to public safety issues in their community.

Goals:

I) Gather, collate, and evaluate data pertaining to citizen requests for service from Police, Fire, Contracted Ambulance Service, Marine Services, Park Rangers, and public safety-related Code Compliance within the City of San Clemente. 2) Gather, collate, and evaluate statistics pertaining to crime (reported crimes and arrests), traffic enforcement and collision reports, Fire Department responses, reports of San Clemente Municipal Code (SCMC) violations and enforcement actions by Code Compliance personnel, when public safety related.
3) Investigate the best method(s) for making the aforementioned data available to the public, with special attention paid to user-friendly options, such as those built upon a web-based platform, to encourage its use and acceptance by a high proportion of San Clemente's population.
4) Review the City current performance measures regarding OCSD, OCFA, contracted Ambulance Services, Marine Safety, Park Rangers, and Code Compliance. Determine if additional or alternative measures are appropriate and whether comparative benchmarks for public safety personnel performance should be revised or established to better facilitate a method of measuring their efficiency, while also providing comparative evaluations of the City's services measured against similarly situated municipalities. 5) As an on-going component of this project, the Public Safety Committee will review quarterly performance measures submitted by the various groups that comprise the City's Public Safety services. 6) Review and analyze the cost/performance of contracted ambulance service, and compare to the cost/performance of the services that would be provided by the OCFA in order to ascertain the feasibility of contracting OCFA for city ambulance services.

Deliverables: At the conclusion of this project, the Public Safety Committee will report its findings, with recommendations, to the City Council for further action. The Committee will also provide recommendations arising from the review of public safety performance measures, if any, on a quarterly basis to the City Council
Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $ I 000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-cost consists of work and research staff would ~pic~y_provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2022 to September 2023 for items 1-3, and 6, on-going for items 4 and 5.

Resources Needed (including Staff hours):

OCSD Crime Analyst, OCFA Analytical Unit, Marine Safety, San Clemente City Code Enforcement and City of San Clemente Information and Technology Staff. Staff time needed to collate the statistical data received is anticipated to be minimal.

Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going. --~~-
1-1 J
812
Project Name: Human Trafficking
Purpose, Goals and Deliverables of Project:

Every city in America will experience some form of human trafficking activity. The most prevalent examples are forced labor and forced sex industry workers. The Committee will coordinate with the OCSD Special Investigations Unit and the Orange County human trafficking task force to identify any issues relating to human trafficking that might occur in San Clemente. The Committee will collate pertinent information and forward same to the City Council for review. After receiving Council approval for a strategy to address human trafficking and implementing Priority I, the PSC will ,...wor;.k on_implementing er,.iorities 2 and 3 during the FY 22-23. f Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be approximately ..J ~ $3·;500 consisting of: 1-)-cost of-Priority II cosiness-recognition awards-,:---2) honoraria (fees paid-to-victims of liuman-trafficking-for esnpea @n :) J ublic_Safety~Committee .. hosted events),~and 3) staff time to compile information. This,.cost is not inGluded in the adopted City budget, as its staff- ~ ts consist of work and research staff would typically P.rovide to the Cin, in qthedQrms.

Project Timeline (Anticipated Start and End Dates): October 2022 to September 2023. :::;., //1/ ~-',•-- Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information.

Is this a new project or unfinished project from the prior fiscal year? New ...,..,_, ,, " t,· \\ \\ . \ Project Name: E-Bicyde / Traffic Safety I I ...0 ( .. _, r r - , ; -- .... " Purpose, Goals and Deliverables of Project: ,.-',I ,, In the past year, both the OCSD and OCFA have reported a significant increase in the regional number of accidents, injuries, and fatalities involving the bicycles. In an effort to address these issues the Committee will compile bicycle traffic data as it becomes available. The Committee will coordinate with the OCSD, OCFA, and the City's Park Ranger Division in order to identify any measures the City could take to help mitigate these occurrences. The committee will forward any recommendations for review to the City Council.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $ I 000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-costs consist of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2022 to September 2023. \,.1 .,.., ,.-,:., Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information.

Is this a new project or unfinished project from the prior fiscal year? New :_:.:r..- I: '\ 'I' 'I J :
913
Project Name: Technology Review
Purpose, Goals and Deliverables of Project:

Purpose: To identify and review new and existing tools of technology in an effort to obtain effective enhancements to our community's public safety efforts.

Goals: Through the identification and evaluation of new technologies, we believe more efficient, cost effective ways to enhance the delivery of public safety services can be utilized.

Deliverables: The Public Safety Committee will present to the City Council recommended technology enhancements which demonstrably increase the effectiveness of our public safety services, with a specific focus on those technologies most capable of seamlessly integrating into existing operations.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-cost consists of work and research staff would typically provide to the City in other forms.
\, I,./ '" ; \ r I., (_ ,,. Project Timeline (Anticipated Start and End Dates): On-Going ,;'. .... _--.. , - 1'• Resources Needed (including Staff hours): Input and recommendations by OCSD, OCFA, Marine Safety, Code Compliance, Park Rangers, and Information Technology Staff. Staff time needed to collect pertinent information for the Committee's review is anticipated to be minimal.

Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going. --- II
---
-
. ..
1410
Project Name: Review of Urgent Matters
Purpose, Goals and Deliverables of Project:

Purpose: Reviewing of urgent public-safety matters that may arise from time to time, which are outside of the Committee's other CouncilApproved Work Plan projects.

Goals: Address unanticipated issues of a crucial or urgent need in a timely fashion to ensure the effective and efficient provision of public safety services and the maintenance of the public's safety.

Deliverables: The committee may evaluate and investigate the situation and determine whether a memorandum to City Council is necessary.

Project Timeline (Anticipated Start and End Dates): On-going ........ . _-....__ r,,, ; r _ ___,,, ~'. ' ...

Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information.

Is this a new project or unfinished project from the prior fiscal year? New '\,~ '~-::-~ __,.,,...,.-r- -( \ ,.

AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 7/18/2023 Agenda Item: 9D
Department: City Council
Subject:

AGREEMENT BETWEEN THE CITY OF SAN CLEMENTE, THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION AND THE ORANGE COUNTY TRANSPORTATION AUTHORITY Fiscal Impact:

The City of San Clemente will contribute $750,000 for enhancements to the design and construction of the project.

Summary:

The residents of San Clemente successfully fought a proposed toll road that would have had inordinate impacts on the community. A key component of the battle against the toll road was cooperation from the California Department of Transportation (Caltrans) and the Orange County Transit Authority (OCTA). The determination and tenacity of the San Clemente residents, with support from Caltrans and OCTA terminated the proposal toll road project. To address future congestion related concerns that could arise from the elimination of the toll road project, the City of San Clemente joined a cooperative agreement to complete other transportation projects that will have far less impact on the community, and agreed to contribute $750,000 to ensure additional public outreach and other enhancements in the San Clemente portion of the projects identified in the cooperative agreement, as an offset to costs incurred by Caltrans and OCTA.

Background:

The battle to eliminate consideration of a toll road through dedicated open space and other essential areas of San Clemente united the entire community. Residents, elected officials and staff were relentless and achieved the desired result. The proposed toll road will not be constructed in San Clemente. However, the City of San Clemente is not an island and Caltrans and OCTA have responsibilities to manage transportation throughout Orange County and beyond. Rather than construct a high volume, disruptive toll road through the community, Caltrans, OCTA and the City of San Clemente have entered into a cooperative agreement for alternative projects to address transportation needs.

In an effort to “end all outstanding disputes between the parties in the lawsuit entitled City of San Clemente u Foothill/Eastern Transportation Corridor Agency et al. (RIC # 1800232) (‘Lawsuit’) and to document their mutual understanding and to guide future efforts relating to the development of new High Occupancy Vehicle lanes and associated improvements to Interstate 5 in and near the City of San Clemente”, the parties have reached an agreement. The agreement includes a contribution of $750,000 from the City of San Clemente to enhance both public outreach and physical aspects of any project in the City of San Clemente. The agreement calls for a meet and confer process on the expenditure of the funds.

CITY OF SAN CLEMENTE Page 1 of 2 Printed on 7/14/2023
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Meeting Date: 7/18/2023 Agenda Item: 9D
The proposed project that most directly impacts the City of San Clemente is the implementation of High Occupancy Vehicle lanes on Interstate 5 from Avenida Pico south to the San Diego County boundary. The Project is currently unfunded beyond the Project approval/environmental document (PAED) phase. The funding provided by the City of San Clemente will enhance the PAED phase to include items such as additional Project outreach, public workshops, public awareness campaigns or mitigation opportunities for the Project including features such as additional sound walls, architectural features or landscaping. This funding may come from various sources, including, but not limited to, local gas tax funds allocated to the City.

Council Options:

Receive and File the Report.

Environmental Review/Analysis:

The agreement is not a “project” under the California Environmental Quality Act. The project that is being funded is going through the CEQA process now with OCTA.

Recommended Actions:

Staff Recommendation
There is no staff recommendation on this item.

Attachment:

None
Notification:

None
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 7/14/2023
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AGENDA REPORT

CITY OF SAN CLEMENTE
City Council Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Meeting Date: 7/18/2023 Agenda Item: 12C(1)
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
-
Subject:

DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) TO REPRESENT SAN CLEMENTE

AT THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING Summary:

The League of California Cities Annual Conference is scheduled for September 20-22, 2023 in Sacramento. A portion of the Annual Conference is the Annual Business Meeting that will take place on September 22, 2023. At this meeting, the League membership considers and takes action on resolutions that establish CalCities policy.

In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate.

The City Council may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to do so.

At this time, Staff requests that the City Council determine whether or not to appoint a voting delegate/alternate(s) to represent the City at the Annual Business Meeting on September 22, 2023.

Council Options:
· Appoint a voting delegate and alternate(s) to represent San Clemente at the League of California Cities Annual Business Meeting.
· Determine to not select voting delegates.
· Request Staff to return to the August 15, 2023 Council meeting with additional information.

Fiscal Impact:

The FY 2024 City budget includes $3,000 per Councilmember for travel and training, which would include attendance at the League of California Cities Conference.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS the City Council determine whether or not to appoint a voting delegate to represent the City at the Annual Business Meeting of the League of California Cities Annual Conference on September 22, 2023, and also determine whether or not to appoint an alternate(s) to CITY OF SAN CLEMENTE Page 1 of 2 Printed on 7/12/2023
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Meeting Date: 7/18/2023 Agenda Item: 12C(1)
Conference on September 22, 2023, and also determine whether or not to appoint an alternate(s) to vote on the City’s behalf in the event the voting delegate is unable to vote at the Annual Business Meeting.

Attachment:

1. League of California Cities - Voting Delegate Notice Notification:

League of California Cities
CITY OF SAN CLEMENTE Page 2 of 2 Printed on 7/12/2023
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
ATTACHMENT 1
3 LEAGUE OF

CALIFORNIA
CITIES
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 4 LEAGUE OF

CALIFORNIA
CITIES
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
5 LEAGUE OF

CALIFORNIA
CITIES
CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.
6 I.______ _JI
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 7 illi ••• ----.► G
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San Clemente City CouncilJuly 18, 2023

San Clemente City Council
July 18, 2023