San Clemente City Council
September 5, 2023

Agenda
SEPTEMBER 5, 2023 REGULAR CITY COUNCIL MEETING AGENDA.PDF Meeting Materials
7A(1) - CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES

8.15.23.PDF
7B(1) - PUBLIC SAFETY REGULAR MEETING MINUTES 7.25.23.PDF 7C(1) - CERTIFICATION OF WARRANTS 8.4.23.PDF
7C(2) - CERTIFICATION OF WARRANTS 8.11.23.PDF
7C(3) - CERTIFICATION OF WARRANTS 8.18.23.PDF
7D - ORDINANCE 1755 SECOND READING TO MODIFY THE DEFINITION OF COMMERCIAL VEHICLES.PDF
7E - ORDINANCE 1758 SECOND READING MODIFYING THE COASTAL ADVISORY COMMITTEES MISSION STATEMENT.PDF
7F - CONTRACT AWARD - PRINTING SERVICES FOR THE QUARTERLY CITY RECREATION MAGAZINE.PDF
7G - PARTICIPATION IN SANDAG REGIONAL BEACH SAND PROJECT III.PDF 7H - CONSIDERATION OF AUTHORIZING A GRANT APPLICATION TO THE CCC FOR IDENTIFICATION OF OFFSHORE SAND SOURCES.PDF
7I - CONSIDERATION OF RATIFYING AN EMERGENCY CONSTRUCTION

AGREEMENT FOR THE SAN CLEMENTE VILLAS BY THE SEA STORM DRAIN REPAIRS.PDF
8A -PUBLIC HEARING 2 REQUESTING PUBLIC INPUT REGARDING THE COMPOSITION OF POTENTIAL COUNCIL ELECTION DISTRICTS.PDF 8B - INTRODUCTION (FIRST READING) OF ZONING AMENDMENT 22-366, AN ORDINANCE RELATED TO ZONING PERMIT STREAMLINING.PDF
10A - REVIEW OF THE ADMINISTRATIVE HEARINGS AND APPEALS FEE.PDF

1. Documents:

2. Documents:

CITY OF SAN CLEMENTE
Tuesday, September 5, 2023
City Council
Regular Meeting Agenda
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 Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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

City Council Regular Meeting Agenda September 5, 2023

CLOSED SESSION (5:00 P.M.)
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) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d) (2)
Number of Cases: 1
Facts and circumstances per Government Code section 54956.9(e)(2): Demand by former City Councilmember Gene James that the City reimburse him for his attorney fees incurred in defending James Bieber v. Gene James, OCSC Case No. 30-2020-01145593-CU-DF-CJC .

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

Real Property Negotiations: APN 679-152-03, APN 678-163-01and part of APN 678-163-01
Property: 2.7-acre undeveloped area on the west side of Vista Hermosa Park, 3.3-acre undeveloped lot at the southeast corner of Avenida Vista Hermosa and Camino Vera Cruz, and 2.3-acre undeveloped area at the southwest Avenida Vista Hermosa and La Pata
City Negotiators: Andy Hall, City Manager, Cecilia Gallardo Daly, Community Development Director and Jonathan Lightfoot, Economic Development Officer Negotiating Parties: Orange County Fire Authority
Under Negotiation: Price and terms
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Senior Pastor Holland Davis, Calvary Chapel San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL
City Council Regular Meeting Agenda September 5, 2023

1. Special Presentations
A. Presentation of Proclamation - Hunger Action Month
Presentation of Proclamation to Malia Cary with Second Harvest Food Bank of Orange County, proclaiming September as Hunger Action Month.

B. Presentation of Proclamation - Service Club Month
Presentation of Proclamation to San Clemente Service Clubs, proclaiming September as Service Club Month.

C. Presentation of Proclamation - Constitution Week
Presentation of Proclamation to Pat Mueller and Mary Dahm, San Clemente Island Daughters of the American Revolution, setting apart September 17-23, 2023 as Constitution Week.

D. Introduction of Contract Coastal Administrator - US Army Corps of Engineers San Replenishment Project Update
Introduction of Contract Coastal Administrator, Leslea Meyerhoff, and update on the US Army Corps of Engineers Sand Replenishment Project.

2. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 10. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

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

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

5. Closed Session Report - City Attorney

6. Staff Communications

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

City Council Regular Meeting Agenda September 5, 2023

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES OF AUGUST 15, 2023.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
JULY 25, 2023.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
2895 THROUGH 2896 AND WARRANT NOS.
590276 THROUGH 590405, PAID ON
8-4-23, IN THE AMOUNT OF $2,036,664.03
(2) APPROVE WIRE TRANSFER NOS.
2897 THROUGH 2902 AND WARRANT NOS.
590406 THROUGH 590595, PAID ON
8-11-23, IN THE AMOUNT OF $2,892,064.03
(3) APPROVE HANDWRITE NO. 590725;
WIRE TRANSFER NOS.2903
THROUGH 2905 AND WARRANT NOS.
590596 THROUGH 590724, PAID ON
8-18-23, IN THE AMOUNT OF $1,471,452.55
TOTAL WARRANT REGISTER $6,400,180.61
Payroll Register
WARRANT NOS. 908 THROUGH 910
AUTOMATIC DEPOSIT ADVISES 87757
THROUGH 88119, FOR THE PERIOD
7-24-23 THROUGH 8-6-23, PAID
ON 8-11-23, IN THE AMOUNT OF $541,045.58
TOTAL PAYROLL REGISTER $541,045.58
City Council Regular Meeting Agenda September 5, 2023

D. ORDINANCE NO. 1755 (SECOND READING) - TO MODIFY THE DEFINITION OF “COMMERCIAL VEHICLE” AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Ordinance No. 1755 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

10.04.010(B)(1) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO THE DEFINITION OF "COMMERCIAL VEHICLE" AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.

E. ORDINANCE 1758 (SECOND READING) - MODIFYING THE COASTAL ADVISORY COMMITTEE’S MISSION STATEMENT
Staff Recommendation
Adopt Ordinance No. 1758 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

2.29.015 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE

REGARDING THE COASTAL ADVISORY COMMITTEE'S MISSION
STATEMENT.

F. CONSIDERATION OF A RESOLUTION AWARDING A CONTRACT FOR

PRINTING SERVICES FOR THE QUARTERLY CITY RECREATION
MAGAZINE TO WESTAMERICA COMMUNICATIONS, INC. AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR
CONTRACT NOT TO EXCEED $120,304 PER YEAR
Staff Recommendation
Adopt Resolution No. 23-90, which will:

1. Award a professional services contract to WestAmerica Communications, Inc. for printing services for the quarterly recreation magazine.

2. Approve, and authorize the City Manager to execute, Contract No. C23-48, by and between the City of San Clemente and WestAmerica Communications, Inc., providing for printing services for the quarterly recreation magazine for a term of two (2) years, in an amount not to exceed $114,576, plus a 5% contingency of $5,728, per year, for a total not to exceed contract amount of $120,304 annually.

City Council Regular Meeting Agenda September 5, 2023

G. CONSIDERATION OF PARTICIPATION IN SANDAG REGIONAL BEACH

SAND PROJECT III
Staff Recommendation
Authorize the Mayor to execute, and staff to submit, a letter to the San Diego Association of Governments (SANDAG) requesting that the City of San Clemente, as a member City in the Oceanside Littoral Cell, have the opportunity to participate in the Phase I planning tasks of the Regional Beach Sand Project (RBSP) III, which supports continued San Clemente Coastal Resiliency Plan implementation goals of establishing a citywide comprehensive beach restoration program.

H. CONSIDERATION OF AUTHORIZING A GRANT APPLICATION TO THE

CALIFORNIA COASTAL COMMISSION FOR IDENTIFICATION OF

OFFSHORE SAND SOURCES
Staff Recommendation
Adopt Resolution No. 23-91, which will:

1. Authorize the submittal of an application to the California Coastal Commission for a Local Coastal Program Grant to fund an offshore borrow site investigation to find additional sand sources that can be used to develop additional beach nourishment projects in San Clemente and pursue additional grant funding opportunities to support coastal resiliency plan implementation.

2. Find the project that the grant funding would be used for is categorically exempt under Class 6 (Information Collection, 14 CCR 15306), Section 15306 of the state CEQA Guidelines.

3. Authorize the City Manager to execute the grant agreement, if awarded.

City Council Regular Meeting Agenda September 5, 2023

I. CONSIDERATION OF A RESOLUTION RATIFYING AN EMERGENCY CONSTRUCTION AGREEMENT WITH GCI CONSTRUCTION, INC. FOR THE SAN CLEMENTE VILLAS BY THE SEA STORM DRAIN REPAIRS; PROJECT NO. 26001
Staff Recommendation
Adopt Resolution No. 23-92, which will:

1. Make a finding that an emergency existed due to the potential failure of the slope where the damaged storm drain is located and that the situation required 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.

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

3. Ratify Contract No. C23-49, by and between the City of San Clemente and GCI Construction, Inc., providing for the emergency repairs for the San Clemente Villas by the Sea Storm Drain Repairs, Project No. 26001, that have already been performed, in an amount not to exceed $95,500.

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

A. PUBLIC HEARING #2 REQUESTING PUBLIC INPUT REGARDING THE

COMPOSITION OF POTENTIAL COUNCIL ELECTION DISTRICTS
Public Hearing to solicit public input on the composition of the districts in preparation for the transition from at-large to district-based elections for City Council pursuant to Elections Code Section 10010 and Government Code Section 34886, effective for the November 2024 General Municipal Election.

Staff Recommendation

1. Conduct the public hearing and receive public input regarding the composition of the potential Council election districts.

2. Provide direction to NDC on the Council’s preference for 5 Council districts with a rotating Mayor, or for 4 Council districts with a citywide-elected Mayor.

If 4 districts with a Citywide-elected Mayor is preferred, provide guidance on City Council Regular Meeting Agenda September 5, 2023

whether the Mayoral term should be 2 years or 4 years.

B. INTRODUCTION (FIRST READING) OF ZONING AMENDMENT 22-366, AN

ORDINANCE RELATED TO ZONING PERMIT STREAMLINING
Public Hearing to consider a City-initiated amendment to Title 17 (Zoning) of the San Clemente Municipal Code to update the staff-level approval process for minor architectural changes; consolidate planning applications to make it easier for the public to understand which zoning permits are required and reduce staff time on report writing, shortening the timeline between application submittal and decisions; reduce the level of public hearing decisions for several planning application types; clarify planning permit review procedures to facilitate staff and public understanding and implementation.

Planning Commission Recommendation

1. Introduce Ordinance No. 1759 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT 22-366 AMENDING CERTAIN SECTIONS AND
TABLES OF TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE; TO CLARIFY, STREAMLINE, AND CONSOLIDATE PERMIT

PROCEDURES, WHILE MAINTAINING ADEQUATE REVIEW OF

PROPOSALS THAT ARE REGULARLY WITHOUT SIGNIFICANT IMPACTS AND PUBLIC CONCERNS.

2. Designate the Planning Commission as the appeals body for the Zoning Administrator.

3. Reduce the appeals fee to $100.

Staff Recommendation

1. Introduce Ordinance No. 1759 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT 22-366 AMENDING CERTAIN SECTIONS AND
TABLES OF TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE; TO CLARIFY, STREAMLINE, AND CONSOLIDATE PERMIT

PROCEDURES, WHILE MAINTAINING ADEQUATE REVIEW OF

PROPOSALS THAT ARE REGULARLY WITHOUT SIGNIFICANT IMPACTS AND PUBLIC CONCERNS.

2. Adopt Resolution No. 23-93 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING

THE FEE SCHEDULE TO REFLECT ZONING ORDINANCE

AMENDMENTS THAT CONSOLIDATE AND MODIFY SEVERAL
PLANNING APPLICATIONS.

City Council Regular Meeting Agenda September 5, 2023

3. Maintain the current permit appeals process and fee.

9. Unfinished Business
None.

10. New Business
A. REVIEW OF THE ADMINISTRATIVE HEARINGS AND APPEALS FEE (Agendized by Mayor Pro Tem Knoblock, with the support of Councilmember Loeffler at the August 15, 2023 City Council meeting.)

11. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

12. Future Agenda Items

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

14. Adjournment
Adjourn to an Adjourned Regular Council Meeting to be held on September 14, 2023.

Closed Session will begin at 5:00 p.m. and the Regular Business Meeting will begin at 6:00 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

Please note that the Regular City Council meeting of September 19, 2023 was rescheduled to September 14, 2023.

City Council Regular Meeting Agenda September 5, 2023

CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

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

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

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

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, August 15, 2023
City Council
Special and Regular Meeting Minutes
4:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on August 15, 2023 at 4:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Maile Stivers, Administrative Assistant

CLOSED SESSION
City of San Clemente v. Eastern/Foothil Transportation Corridor Agency Amanda Q opined that the City should not pursue an appeal; expressed concerns with the Memorandum of Understanding Agreement with CalTrans.

Real Property Negotiations with Orange County Fire Authority Amanda Q narrated a PowerPoint presentation entitled "Three Parcels for Sale or Lease?". A hard copy of the presentation is on file with the City Clerk.

Real Property Negotiations with Sysco Corporation
Amanda Q narrated a PowerPoint presentation entitled "Closed Session Lease of Parking Lot at 100 Avenida Presidio". A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, to recess to Closed Session at 4:12 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d) (2)

1 Agenda Item: 7A(1)
City Council Special and Regular Meeting Minutes August 15, 2023 Number of Cases: 2

1. Facts and Circumstances per Government Code section 54956.9(e)(2):

Allegations under the California Voting Rights Act of 2001.

2. Facts and Circumstances per Government Code section 54956.9(e)(1):

Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 3
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency, et al. Riverside Superior Court Consolidated Case No.: RIC 1800232 CA
Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al. Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
Case Name: Socal Recovery, LLC, et al. v. City of Costa Mesa, et al.

United States Court of Appeals for the Ninth Circuit Docket No.: 20-55820 D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section
54956.8 regarding:

1. Real Property Negotiations: APN 678-163-01
Property: 1.1-acre undeveloped area west of Courtney's Sandcastle Playground of Vista Hermosa Sports Park
City Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of Beaches, Parks and Recreation
Negotiating Parties: Salty Turf
Under Negotiation: Price and terms

2. Real Property Negotiations: APN 679-152-03, APN 678-163-01and part of APN 678-163-01
Property: 2.7-acre undeveloped area on the west side of Vista Hermosa Park,

3.3-acre undeveloped lot at the southeast corner of Avenida Vista Hermosa and

2 City Council Special and Regular Meeting Minutes August 15, 2023 Camino Vera Cruz, and 2.3-acre undeveloped area at the southwest Avenida Vista Hermosa and La Pata
City Negotiators: Andy Hall, City Manager, Cecilia Gallardo Daly, Community Development Director and Jonathan Lightfoot, Economic Development Officer Negotiating Parties: Orange County Fire Authority
Under Negotiation: Price and terms

3. Real Property Negotiations: APN 690-012-01
Property: The parking lot located at 100 Avenida Presidio, San Clemente, CA 92672 City Negotiators: Andy Hall, City Manager
Negotiating Parties: Sysco Corporation Under Negotiation: Price and terms AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
Closed Session concluded at 6:00 p.m.

BUSINESS MEETING
The Regular Business meeting reconvened at 6:05 p.m., with all Councilmembers present.

INVOCATION
Pastor John Randall, Calvary South Orange County, gave the invocation.

PLEDGE OF ALLEGIANCE
Amelia-Mae Weinstein led the Pledge of Allegiance.

1. Special Presentations
A. Recognition of Out-Going Commission and Committee Members Mayor Duncan recognized and presented City tiles to the following out-going City Commission and Committee members:

Dick Veale, Golf Course Committee.

Charlie Hightower, Public Safety Committee.

Jorine Campopiano,Teri Rousseau and Amelia-Mae Weinstein, Beaches, Parks and Recreation Commission.

Michelle Brooks and Aaron Washington, Human Affairs Committee.

3 City Council Special and Regular Meeting Minutes August 15, 2023 B. Presentation of Commendation(s) - Sawyer Lindblad and Crosby Colapinto - US Open of Surfing
Motion by Mayor Pro Tem Knoblock, second by Councilmember Loeffler, to remove this item from the agenda and reschedule to the September 5, 2023 Regular City Council meeting.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
C. World Surf League (WSL) at Trestles
Economic Development Officer Lightfoot narrated a PowerPoint presentation concerning the Rip Curl WSL Finals at Trestles. A hard copy of the presentation is on file with the City Clerk.

Mike Kay, San Clemente, expressed the need for a traffic control plan in south San Clemente impacted by the WSL Finals at Trestles; opined that additional maintenance and clean-up is needed in the Trestles area.

City Manager Hall provided an update concerning ongoing maintenance and clean-up efforts near Trestles.

2. Oral Communications (Part 1)
Fred Smoller, Orange County Sustainability Decathalon, spoke on the upcoming Orange County Sustainability Decathalon at the Orange County Fairgrounds; requested the City consider sponsorship.

David Erickson, San Clemente, expressed concerns regarding parking enforcement and potential traffic hazards at the intersection of Avenida Rosa and Avenida Santa Barbara.

George Gregory, San Clemente, expressed concerns regarding the unequal enforcement of street sweeping.

Mike Kay, San Clemente, expressed concerns regarding the City's ability to notify the citizens in case of a natural disaster or emergency.

Amanda Q, narrated a PowerPoint Presentation entitled "Flyer". A hard copy of the presentation is on file with the City Clerk.

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

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

4 City Council Special and Regular Meeting Minutes August 15, 2023

4. Consideration of agendizing items requiring immediate action None.

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

A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION No reportable action concerning:

1. Facts and Circumstances per Government Code section 54956.9(e)(2):

Allegations under the California Voting Rights Act of 2001.

2. Facts and Circumstances per Government Code section 54956.9(e)(1):

Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Council did not discuss this item at the August 15, 2023 Closed Session:

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) Direction was given, no reportable action concerning:

Case Name: City of San Clemente v. Emergency Shelter
Coalition, et al. Orange County Superior Court Case Number:
2020-01153535-CU-EI-CXC
C. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION The City will be joining the Amicus Brief that is being filed:

Case Name: Socal Recovery, LLC, et al. v. City of Costa Mesa, et al.

United States Court of Appeals for the Ninth Circuit Docket No.: 20-55820 D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
No reportable action concerning:

1. Real Property Negotiations: APN 678-163-01

5 City Council Special and Regular Meeting Minutes August 15, 2023 Property: 1.1-acre undeveloped area west of Courtney's Sandcastle Playground of Vista Hermosa Sports Park
City Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of Beaches, Parks and Recreation
Negotiating Parties: Salty Turf
Under Negotiation: Price and Terms

2. Real Property Negotiations: APN 79-152-03, APN 678-163-01and part of APN 678-163-01
Property: 2.7-acre undeveloped area on the west side of Vista Hermosa Park, 3.3-acre undeveloped lot at the southeast corner of Avenida Vista Hermosa and Camino Vera Cruz, and 2.3-acre undeveloped area at the southwest Avenida Vista Hermosa and La Pata
City Negotiators: Andy Hall, City Manager, Cecilia Gallardo Daly, Community Development Director and Jonathan Lightfoot, Economic Development Officer
Negotiating Parties: Orange County Fire Authority
Under Negotiation: Price and terms

3. Real Property Negotiations: APN 690-012-01
Property: The parking lot located at 100 Avenida Presidio, San Clemente, CA 92672 City Negotiators: Andy Hall, City Manager Negotiating Parties: Sysco Corporation
Under Negotiations: Price and terms

6. Consent Calendar
Items 6D, 6H, 6N, 6O and 6P were removed from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES OF JULY 18, 2023.

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

6 City Council Special and Regular Meeting Minutes August 15, 2023 B. Commission/Committee Minutes
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to receive and file the following:
(1) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF JUNE 13, 2023.
(2) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF MAY 1, 2023.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF JUNE 27, 2023.
(4) BEACHES, PARKS AND RECREATION COMMISSION REGULAR MEETING MINUTES OF APRIL 11, 2023.
(5) HUMAN AFFAIRS COMMITTEE MEETING MINUTES OF JULY 25, 2023. (6) PLANNING COMMISSION REGULAR MEETING MINUTES OF AUGUST 2, 2023.
(7) STUDY SESSION OF THE PLANNING COMMISSION MINUTES OF AUGUST 2, 2023.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
C. Warrant Register
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
2881 THROUGH 2886 AND WARRANT NOS.
589707 THROUGH 589907, PAID ON
7-14-23, IN THE AMOUNT OF $2,144,423.32
(2) APPROVE WIRE TRANSFER NO.
2887AND WARRANT NOS.
589908 THROUGH 590030, PAID ON
7-21-23, IN THE AMOUNT OF $4,584,852.70
(3) APPROVE WIRE TRANSFER NOS.
2888 THROUGH 2894 AND WARRANT NOS.
590031 THROUGH 590275, PAID ON
7-28-23, IN THE AMOUNT OF $4,641,596.50
TOTAL WARRANT REGISTER $11,370,872.52
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None

7 City Council Special and Regular Meeting Minutes August 15, 2023 Payroll Register
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to approve:

AUTOMATIC DEPOSIT ADVISES 87064
THROUGH 87409, FOR THE PERIOD
6-26-23 THROUGH 7-9-23, PAID
ON 7-14-23, IN THE AMOUNT OF $535,058.93
AUTOMATIC DEPOSIT ADVISES 87410
THROUGH 87756, FOR THE PERIOD
7-10-23 THROUGH 7-23-23, PAID
ON 7-28-23, IN THE AMOUNT OF $541,156.21
TOTAL PAYROLL REGISTER $1,076,215.14
AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
E. ORDINANCE NO. 1756 (SECOND READING) - RELATING TO THE

BEACHES, PARKS AND RECREATION COMMISSION AND HUMAN AFFAIRS COMMITTEE, RESPECTIVELY, ADDING CHAPTER 2.45, ESTABLISHING AN

ARTS AND CULTURE COMMITTEE
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adopt 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.

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

8 City Council Special and Regular Meeting Minutes August 15, 2023 F. RESPONSE TO 2022-2023 ORANGE COUNTY GRAND JURY REPORT “WELCOME TO THE NEIGHBORHOOD: ARE CITIES RESPONSIBLY
MANAGING THE INTEGRATION OF GROUP HOMES?”
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adopt Resolution No. 23-77, which will approve, and authorize the Mayor to submit the response letter to the Presiding Judge of the Superior Court regarding the 2022-2023 Orange County Grand Jury report, “Welcome to the Neighborhood: Are cities responsibly managing the integration of group homes?” as recommended in the Administrative Report dated August 15, 2023, and on file with the City Clerk.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
G. CONSIDERATION OF OPPOSITION TO SENATE BILL 423 (WIENER) BY-RIGHT HOUSING APPROVALS: MULTIFAMILY HOUSING
DEVELOPMENTS: SB 35 (CHAPTER 366, STATUTES OF 2017) AND ASSEMBLY BILL 309 (LEE) SOCIAL HOUSING PROGRAM
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to authorize the Mayor to execute, and staff to submit, letters in opposition to Assembly Bill 309 and Senate Bill 423 with amended language.

The amended letter regarding Senate Bill 423 is on file with the City Clerk.

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

9 City Council Special and Regular Meeting Minutes August 15, 2023 I. CONSIDERATION OF APPROVAL OF FINAL PARCEL MAP 2021-160, 162

AVENIDA FLORENCIA, LECOMPTE DUPLEX CONDOMINIUM SUBDIVISION Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to:

Adopt Resolution No. 23-79, which will:

1. Approve the Final Parcel Map 2021-160 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

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

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

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

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
J. CONTRACT AWARD - MARINE SAFETY HEADQUARTER BUILDING

CONCRETE REPAIRS
This item was removed from the agenda and will be agendized for a future date.

K. CONTRACT AWARD - MONTALVO AND RIVIERA PEDESTRIAN BRIDGES

COATING REPLACEMENT
This item was removed from the agenda and will be agendized for a future date.

L. CONTRACT AMENDMENT - SENIOR MOBILITY PROGRAM
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adopt Resolution No. 23-82, which will approve, and authorize the City Manager to execute, Amendment No. 2 to Contract No. C18-37, by and between the City of San Clemente and California Yellow Cab, providing for a month-to-month contract extension for the Senior Mobility Program.

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

10 City Council Special and Regular Meeting Minutes August 15, 2023 M. CONSIDERATION OF RATIFYING A SECOND EMERGENCY CONTRACT

FOR GEOTECHNICAL DESIGN AND CONSULTING, CONSTRUCTION

OVERSIGHT, TESTING AND INSPECTION SERVICES AS WELL AS

SUBCONTRACTED WORK TO INCLUDE SURVEYING AND CIVIL SITE

DESIGN AT CASA ROMANTICA
Motion by Councilmember Loeffler, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adopt Resolution No. 23-83, which will ratify an Emergency Professional Consultant Services Agreement, Contract No. C23-44, by and between the City of San Clemente and LGC Geotechnical Inc., providing for geotechnical design and consulting, construction oversight, testing and inspection as well as the subcontracted work to include surveying and civil site design to be performed at Casa Romantica, in an amount not to exceed $783,560 for up to 12 months.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
D. ORDINANCE NO. 1754 (SECOND READING) - AMENDING CHAPTER

13.29.190 SUBSECTION (D) AND (E) OF THE SAN CLEMENTE MUNICIPAL

CODE RELATING TO SANITARY SEWER RATES AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Motion by Councilmember Cabral, second by Councilmember Enmeier, CARRIED 4-1 (Mayor Pro Tem Knoblock voting Noe) to adopt Ordinance No. 1754 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 13.24.190 SUBSECTIONS (D) AND (E) OF THE SAN CLEMENTE MUNICIPAL CODE RELATING TO

SANITARY SEWER RATES AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

AYE: Cabral, Enmeier, Loeffler and Mayor Duncan
NOE: Knoblock
H. CONSIDERATION TO APPROVE AN INCREASE TO THE CONTINGENCY FOR THE STORM DRAIN IMPROVEMENTS AT 1601 CALLE LAS BOLAS George Gregory, San Clemente, expressed concerns with the catch basin adjacent to his property as it relates to the potential impact on development of a retaining wall on his property.

City Manager Hall to meet with George Gregory to address his concerns regarding the catch basin adjacent to his property and the possibility of a retaining wall in his front yard.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier,

11 City Council Special and Regular Meeting Minutes August 15, 2023 CARRIED 5-0, to:

Adopt Resolution No. 23-78, which will:

1. Approve an increase to the project contingency in the amount of $79,030 for the Storm Drain Improvements at 1601 Calle Las Bolas, CIP Project No.10015.

2. Approve transfer of $38,311 funding from the Sewer Depreciation Reserve Fund to Account No. 033-834-45300-000-10015, Las Bolas Storm Drain Improvements, for the emergency repairs to the 8-inch sewer main performed during the Project.

3. Approve an additional $25,000 for the construction management and inspection services for the Storm Drain Improvements at Called Las Bolas.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
N. CONSIDERATION OF RATIFYING A SECOND EMERGENCY CONTRACT

FOR THE EMERGENCY SLOPE STABILIZATION REPAIRS AT CASA

ROMANTICA
Mike Kay, San Clemente, spoke in opposition to the contract with Alliance Diversified Enterprises for repairs at Casa Romantica.

Motion by Councilmember Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 23-84, which will ratify an Emergency Construction Contract, Contract No. C23-45, by and between the City of San Clemente and Alliance Diversified Enterprises, Inc. on a time and materials basis, providing for emergency slope stabilization repairs at Casa Romantica to include construction tiebacks and grade beams as well as reconstructing the slope with geogrid reinforcement and compacted soil backfill, in an amount not to exceed $7,760,800.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
O. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES - LEAGUE OF CALIFORNIA CITIES CONFERENCE
Amanda Q expressed concerns regarding the cost of individual Councilmember expenditures; acknowledged the importance of Council attendance at the League of California Cities Conference.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to authorize an expenditure of up to $6,200 related to three City Councilmembers' attendance at the League of California Cities conference in

12 City Council Special and Regular Meeting Minutes August 15, 2023 Sacramento, California in September 2023.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
P. CONSIDERATION OF LETTER OF SUPPORT: SB 326 (EGGMAN)
BEHAVIORAL HEALTH SERVICES ACT AND AB 531 (IRWIN) BEHAVIORAL HEALTH INFRASTRUCTURE BOND ACT OF 2023
Motion by Councilmember Cabral, second by Mayor Pro Tem Knoblock, to table this item.

Substitute motion by Councilmember Enmeier, second by Mayor Duncan, CARRIED 3-2 (Councilmember Cabral and Mayor Pro Tem Knoblock voting Noe) to authorize the Mayor to execute, and staff to submit, a letter in support of SB 326 and AB 531.

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

7. Public Hearings
A. CONSIDERATION OF DECLARING THE INTENTION OF THE CITY OF SAN CLEMENTE TO TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS;

CONSIDERATION OF CONTRACT AWARD FOR PROFESSIONAL
DEMOGRAPHER SERVICES; AND FIRST PUBLIC HEARING ON

COMPOSITION OF DISTRICTS
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to Council inquiries.

Chuck Beaty, San Clemente, spoke on his experience with at large elections and by-district elections.

Dennis Grimes, San Clemente, spoke in opposition to by-district elections; opined that the City has more pressing issues to discuss.

Mike Kay, San Clemente, opined that the districts should be based on neighborhoods as opposed to race or ethnicity.

George Gregory, San Clemente, opined that by-district elections will reduce citizen participation.

Amanda Q narrated a PowerPoint presentation entitled "District Elections". A hard copy of the presentation is on file with the City Clerk.

Lisa H., San Clemente, spoke in opposition to by-district elections.

Aaron Washington spoke in opposition to by-district elections.

13 City Council Special and Regular Meeting Minutes August 15, 2023 Motion by Councilmember Enmeier, second by Councilmember Loeffler, CARRIED 4-1 (Mayor Pro Tem Knoblock voting Noe), to adopt Resolution No. 23-85 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, DECLARING ITS INTENTION TO TRANSITION

FROM AT-LARGE TO DISTRICT-BASED ELECTIONS FOR CITY COUNCIL PURSUANT TO ELECTIONS CODE SECTION 10010 AND GOVERNMENT CODE SECTION 34886 EFFECTIVE FOR THE NOVEMBER 2024 GENERAL MUNICIPAL ELECTION.

AYE: Cabral, Enmeier, Loeffler and Mayor Duncan
NOE: Knoblock
Motion by Councilmember Enmeier, second by Councilmember Loeffler, CARRIED 4-1 (Mayor Pro Tem Knoblock voting Noe) to adopt Resolution No. 23-86, which will approve and authorize the City Manager to execute, Contract No. C23-46, by and between the City of San Clemente and National Demographics Corporation, providing for demographer services related to transitioning to by-district elections for City Council, in an amount not to exceed $65,000.

AYE: Cabral, Enmeier, Loeffler and Mayor Duncan
NOE: Knoblock
Mayor Duncan opened the Public Hearing.

Dr. Justin Levitt, National Demographics Corporation, narrated a PowerPoint presentation entitled "San Clemente Introduction to Districting". A hard copy of the presentation is on file with the City Clerk.

Amanda Quintanilla opined that the City should have better informed the public prior to voting on the Resolution of Intention.

Laura Smith spoke in opposition to by-district elections; expressed concerns with the contract award with National Demographics Corporation.

Mike Kay, San Clemente, spoke in opposition to Council awarding a contract with National Demographics Corporation; urged Council to develop districts based on community interests.

George Gregory, San Clemente, spoke in opposition to by-district elections; urged Council to change the Council terms from 4 years to 2 years.

Dr. Justin Levitt, National Demographics Corporation, responded to Council inquiries.

There being no others desiring to speak, Mayor Duncan closed the Public Hearing.

14 City Council Special and Regular Meeting Minutes August 15, 2023 Meeting Recessed
The meeting recessed at 9:09 p.m., and reconvened at 9:16 p.m. with all Councilmembers present.

B. INTRODUCTION (FIRST READING) OF AN ORDINANCE TO MODIFY THE DEFINITION OF “COMMERCIAL VEHICLE” AND FINDING THE ORDINANCE

NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Mayor Duncan opened the Public Hearing.

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

Martyn Barnes, San Clemente, spoke on parking enforcement in the pier bowl.

George Gregory, San Clemente, spoke in support of the ordinance.

Amanda expressed concerns regarding potential safety issues with storing ladders and other items on vehicles.

Mike Kay spoke in opposition to the commercial vehicle ordinance.

There being no others desiring to speak, Mayor Duncan closed the Public Hearing.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 4-1 (Mayor Duncan voting Noe), to introduce Ordinance No. 1755 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 10.04.010(B)(1) OF THE

SAN CLEMENTE MUNICIPAL CODE RELATING TO THE DEFINITION OF "COMMERCIAL VEHICLE" AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

AYE: Cabral, Enmeier, Knoblock and Loeffler
NOE: Mayor Duncan
C. CONSIDERATION OF A RESOLUTION OF INTENTION AND INTRODUCTION (FIRST READING) OF AN ORDINANCE TO AUTHORIZE AN AMENDMENT TO THE CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES’

RETIREMENT SYSTEM (CALPERS)
Mayor Duncan opened the Public Hearing.

Human Resources Manager Thordahl reviewed the contents of the Administrative Report and responded to Council inquiries.

There being no one desiring to speak, Mayor Duncan closed the Public Hearing.

Motion by Councilmember Cabral, second by Councilmember Enmeier,

15 City Council Special and Regular Meeting Minutes August 15, 2023 CARRIED 5-0, to:

1. Adopt resolution No. 23-87 which will approve an amendment to the contract with CalPERS to replace the existing exclusions for “Ocean Lifeguards and Park Ranger” to provide for the exclusion of Ocean Lifeguard I, Ocean Lifeguard II, Park Ranger I, and Park Ranger II.

2. Introduce Ordinance No. 1757 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING

AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM.

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

8. Unfinished Business
None.

9. New Business
A. PUBLIC SAFETY COMMITTEE REVIEW OF PARK RANGER PROGRAM

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

Motion by Mayor Pro Tem Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to direct the Public Safety to review and make recommendations to enhance the Park Ranger Program.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
B. INTRODUCTION (FIRST READING) OF AN ORDINANCE MODIFYING THE COASTAL ADVISORY COMMITTEE’S MISSION STATEMENT
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Mayor Pro Tem Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to:

1. Introduce Ordinance No. 1758 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.29.015 OF THE MUNICIPAL CODE OF THE CITY OF SAN

CLEMENTE REGARDING TO THE COASTAL ADVISORY COMMITTEE'S
MISSION STATEMENT.

16 City Council Special and Regular Meeting Minutes August 15, 2023

2. Receive and file the Administrative Report, dated August 15, 2023, and on file with the City Clerk.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
C. CONSIDERATION OF SETTING COMPENSATION FOR THE CITIZENS

AMPHITHEATER COMMITTEE, INVESTMENT ADVISORY COMMITTEE AND

PUBLIC SAFETY COMMITTEE
City Clerk Campagnolo reviewed the contents of the Administrative Report and responded to Council inquiries.

Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 4-0-1 (Mayor Pro Tem Knoblock abstained) to adopt Resolution No. 23-88 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA RELATING TO COMPENSATION PAID TO

MEMBERS OF THE CITIZENS AMPHITHEATER COMMITTEE, INVESTMENT ADVISORY COMMITTEE AND PUBLIC SAFETY COMMITTEE.

AYE: Cabral, Enmeier, Loeffler and Mayor Duncan
NOE: None
ABSTAIN: Knoblock
D. TRAFFIC ANALYSIS FOR AVENIDA PALIZADA CORRIDOR AT AVENIDA DE

LA ESTRELLA
This item was removed from the agenda and will be agendized for a future date.

E. LETTER REQUESTING THAT THE FAIRVIEW DEVELOPMENTAL CENTER

BE REPURPOSED TO PROVIDE TEMPORARY AND SEMI-PERMANENT

HOUSING FOR UNSHELTERED PERSONS THROUGHOUT ORANGE

COUNTY TOGETHER WITH APPROPRIATE SUPPORTIVE SERVICES
Motion by Mayor Pro Tem Knoblock, second by Councilmember Cabral, CARRIED 4-1 (Mayor Duncan voting Noe) to authorize the Mayor to execute, and staff to submit, a letter in support with modified language. A hard copy of the modified letter is on file with the City Clerk.

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

10. Oral Communications (Part 2)
George Gregory, San Clemente, commented on by-district elections; suggested that a phone and laptop computer be provided by the homeless outreach workers for the homeless to utilize while the homeless outreach workers are in the field.

17 City Council Special and Regular Meeting Minutes August 15, 2023

11. Future Agenda Items
Council Training Budget
Councilmember Loeffler, with support of Councilmember Enmeier and Councilmember Cabral, agendized the consideration of reviewing options concerning the management of Councilmember travel and expenses.

Administrative Hearing Fee
Mayor Pro Tem Knoblock, with the support of Councilmember Loeffler, agendized consideration of eliminating the Administrative Hearing cost. Staff to include a copy of the ordinance at the September 5, 2023 Regular City Council meeting.

Public Emergency Notification
Councilmember Enmeier, with the support of Council, directed the Public Safety Committee to investigate the City's siren and public safety notification system for emergencies.

12. Reports
A. Commissions and Committees
Vector Control
Mayor Pro Tem Knoblock reported on the Orange County mosquito sterilization program.

Coastal Animal Services Authority
Councilmember Enmeier reported on capital improvement projects at the animal shelter.

San Onofre Nuclear Generating Station
Councilmember Cabral reported on the August 17, 2023 Community Engagement Panel meeting regarding education for communities and monetary incentives for storage of spent nuclear fuel.

B. Council Subcommittee Updates
Private Security
Councilmember Loeffler and Councilmember Cabral reported they met with the City's private security company to address issues and concerns.

18 City Council Special and Regular Meeting Minutes August 15, 2023 C. Council Members
Commandant's National Security Program
Mayor Duncan reported on his trip to the Commandant's National Security Program and FEMA assistance regarding local emergencies.

D. City Attorney
None.

E. City Manager
Emergency Preparedness Training
City Manager Hall reported that over 80% of staff have taken the Incident Command System Training 100, 200, 700 and 800 classes.

13. Adjournment
Motion by Councilmember Enmeier, second by Mayor Pro Tem Knoblock, CARRIED 5-0, to adjourn at 10:16 p.m. in memory of the victims of the Maui wildfire. The next Regular Meeting will be held on September 5, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m.

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

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

19 These minutes were approved at the Public Safety Committee Meeting of 8/22/2023

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
July 25, 2023
City Hall
Conference Room A-3
rd Floor
910 Calle Negocio
San Clemente, CA 92673

1. CALL TO ORDER
Committee Member Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:00 p.m.

2. PLEDGE OF ALLEGIANCE
Committee Member Greenwald led the Pledge of Allegiance.

3. ROLL CALL
Committee
Members Present: Nick Berkuta
Michael Greenwald (left at 5:02 p.m.)
Mark Rhoden
Scotland Roeber
Captain Jay Christian (arrived at 3:05 p.m.)
Chief Cheyne Maule (arrived at 3:04 p.m. / left at 5:16 p.m.) Captain Rod Mellott (arrived at 3:03 p.m. / left at 5:02 p.m.) Staff Present: Danielle Sorahan, Code Compliance Manager Natanya Wilcher, Office Specialist
Jane Mrotek, Assistant Engineer - Traffic
Ryan Kim, Sr. Civil Engineer - Traffic
Special Guests: Brian Kinsey, Public Information Officer for California Highway Patrol of Capistrano Beach Office

4. SPECIAL ORDERS OF BUSINESS / PRESENTATIONS
Member Berkuta recognized the outgoing Committee Member Charles Hightower. In response, Mr. Hightower expressed his gratitude to the Committee Members and staff for their diligent work. He commended the public safety 1 Agenda Item: 7B(1)

Minutes of the Regular Meeting of the Public Safety Committee of July 25, 2023 organizations and discussed the e-bike subcommittee's efforts. He also encouraged the continuation of this important work.

A. Presentation by Brian Kinsey, Public Information Officer for California Highway Patrol of Capistrano Beach Office on Bicycle/E-bike Safety Officer Kinsey explained regulations, dangers, and safety for bicycles and ebikes; discussed pending legislation; and displayed a video of incidents around South Orange County.

In response to questions from the Committee, Officer Kinsey addressed topics including helmet enforcement, training and licensing procedures, the use of illegal electric dirt bikes like Surrons, and ongoing efforts to educate students on safety measures.

Jane Mrotek, Assistant Traffic Engineer, discussed complaints from residents and the need for education and signage.

Nomination and Selection of Public Safety Committee Chair and ViceChair

MOTION BY VICE CHAIR ROEBER, SECOND BY MEMBER GREENWALD AND CARRIED UNANIMOUSLY, to appoint Nick Berkuta to serve as Chair.

MOTION BY MEMBER RHODEN, SECOND BY VICE CHAIR ROEBER AND CARRIED UNANIMOUSLY, to appoint Michael Greenwald to serve as Vice Chair.

5. MINUTES
A. Minutes from the Regular Public Safety Committee meeting of June 27, 2023

MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER ROEBER AND CARRIED UNANIMOUSLY, to approve the minutes from the Public Safety Committee meeting of June 27, 2023.

6. ORAL AND WRITTEN COMMUNICATION
Chair Berkuta discussed golf carts parked on sidewalks and indicated he would provide the information to Captain Christian.

7. REVIEWS AND RECOMMENDATIONS
A. Care Ambulance Measures FY2023 Q3
2

Minutes of the Regular Meeting of the Public Safety Committee of July 25, 2023 Chair Berkuta initiated a discussion about the efforts being made to obtain data on ambulance services.

Member Roeber emphasized the absence of penalties for
underperformance in this area.

Chief Maule explained the difference between Fire Department and ambulance data and dispatch.

The Committee collectively expressed concern over the lack of penalties for inadequate ambulance service performance and suggested inviting representatives from Care Ambulance Service to discuss the issue at a future meeting.

B. OC Fire Authority Performance Measures FY2023 Q3
Chief Maule discussed the Third Quarter statistics, including response times.

In response to Committee questions, Chief Maule explained the varying response times; turnaround time for plan checks; new standards for response times; use of Trucks 56 and 59; and tasks of the Administrative Captain.

8. NEW BUSINESS
None.

9. UNFINISHED BUSINESS
A. Public Safety Committee Annual Work Plan FY2022-2023 The Members discussed their interest in serving on the subcommittees and determined the following assignments:

Communications and Disaster Preparedness
• Chair Berkuta
Homelessness and Best Practices for Public Safety Personnel • Committee Member Rhoden
Legislative Review
• Committee Member Roeber
Statistical Information and Review
• Chair Berkuta and Committee Member Roeber
3

Minutes of the Regular Meeting of the Public Safety Committee of July 25, 2023 Neighborhood Watch
• Vice Chair Greenwald
Technology Review
• Chair Berkuta and Committee Member Rhoden
Human Trafficking
• Vice Chair Greenwald and Committee Member Rhoden
E-bike and Traffic Safety
• Committee Member Roeber and Committee Member Rhoden

1. Communications and Disaster Preparedness Project Update Chair Berkuta discussed the San Onofre Nuclear Generating Station (SONGS) tour. He requested a future agenda item to request a full or parttime City employee to coordinate disaster preparedness training.

MOTION BY CHAIR BERKUTA, SECOND BY MEMBER ROEBER, AND
CARRIED UNANIMOUSLY: to agendize a recommendation to City Council to add a part-time or full-time city employee as a designated coordinator for disaster preparedness training.

2. Homelessness and Best Management Practices for Public Safety Personnel Project Update
Vice Chair Greenwald thanked staff for its work on homelessness.

Chair Berkuta discussed a tent city growing on the other side of the County line and the impact to City resources.

Captain Christian discussed efforts to deal with the issue.

Vice Chair Greenwald requested staff reach out to San Diego County to assist.

Code Compliance Manager Sorahan stated she had reached out to San Clemente’s Community Outreach Team to coordinate with San Diego, since it was not within the City limits.
4

Minutes of the Regular Meeting of the Public Safety Committee of July 25, 2023

3. Legislation Review
Member Roeber stated he was interested in following the e-bike legislation on the state level so that San Clemente can implement an enforcement and training program locally.

4. Neighborhood Watch
None.

5. Statistical Information and Review
None.

6. Human Trafficking
Vice Chair Greenwald mentioned the film "The Sound of Freedom," noting its role in raising awareness about human trafficking. He acknowledged the importance of continuing to keep the community informed about this issue.

7. E-Bicycle/Traffic Safety
Captain Christianson reviewed ongoing initiatives to educate riders, especially parents and juveniles, about regulations related to e-bikes. He emphasized the policy not to pursue Surron e-bike riders and noted the positive outcome of schools creating a permitting process for e-bikes.

8. Technology Review
Chair Berkuta discussed the need to manage drone air traffic and requested a future presentation.

The Commission discussed emergency landing for helicopters; and use of drones and restrictions.

9. Review of Urgent Matters
None.

10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Marine Safety – Marine Safety Division Captain Mellott Captain Mellott reported on the junior lifeguard program and provided marine safety statistics. He discussed the successful 4th of July and Ocean Games; the 5

Minutes of the Regular Meeting of the Public Safety Committee of July 25, 2023 new security team; upcoming surf contests; recent recruitments and staff transitions; and the sand replenishment and tower replacement projects.

In response to Committee questions, Captain Mellott explained estimations of visitors.

B. Police Services – Orange County Sheriff’s Department Captain Christian Captain Christian discussed 4th of July Police services and additional efforts at Lost Winds Beach. He discussed recent successes for the Department and staffing.

In response to Committee questions, Captain Christian discussed the use of quads for beach patrol.

C. Fire Services – Orange County Fire Authority, Chief Maule Chief Maule reported on statistics for the month of June and efforts to prepare for fire season.

Chair Berkuta discussed the importance of disaster preparedness.

D. Committee Chair
Chair Berkuta asked about the success of Flock license plate readers and if additional funding was necessary.

E. Committee Members
Member Rhoden asked how many arrests there were on 4th of July. Captain Christian stated it was relatively slow.

F. City Staff
Code Compliance Manager Sorahan stated the next meeting would be in the 1st Floor Community Room.

11. ADJOURNMENT

MOTION BY VICE CHAIR BERKUTA, SECOND BY MEMBER RHODEN, AND CARRIED UNANIMOUSLY, to adjourn at 5:21 PM to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, August 22, 2023, at 3:00 p.m. in the 1
st Floor Community Room of City Hall at 910 Calle Negocio, San Clemente, California.
6

Minutes of the Regular Meeting of the Public Safety Committee of July 25, 2023 Respectfully submitted,
______________________________
Nick Berkuta, Chair
Attest:
____________________________________
Danielle Sorahan, Code Compliance Manager
7 1
Agenda Item: 7C(1)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: _________ _

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
___________ _
IN THE AMOUNT OF$ =2=0=36"-'-6-"--'6'---'4-'-".0....C..3 ___ _ MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
2 apChkLst Final Check List Page: 1
08/03/2023 10:28:SSAM SAN CLEMENTE
Bank: citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 2895 8/4/2023 000964 CALPERS 1000000172343: 7/14/2023 MEDICAL PREMIUMS 239,729.07 239,729.07 2896 8/4/2023 000964 CALPERS 1000000172343! 7/14/2023 MEDICAL PREMIUMS 10,733.62 10,733.62 590276 8/4/2023 024081 AZ SAN CLEMENTE PARTNEf080123 8/1/2023 PARKING LOT LEASE AGREE 350.00 350.00 590277 8/4/2023 016780 ABDELMUTI DEVELOPMENT <080123 8/1/2023 PARKING LOT LEASE AGREE 700.00 700.00 590278 8/4/2023 035116 ACCESS CONTROL SECURIT0053174 7/19/2023 PARKING ENFORCEMENTS\ 1,312.00 1,312.00 590279 8/4/2023 027643 AGUDA, SHANE 253113126 7/7/2023 GRADE 3 EXAM REIMBURSE 215.00 215.00 590280 8/4/2023 019075 AMERICAN EXPRESS 072823 7/28/2023 LOAD #004489, A/C 3785-978~ 19,325.32 19,325.32 590281 8/4/2023 019069 AT&T 000020291771 7/27/2023 LANDLINE PHONE & DATA SE 1,273.34 1,273.34 590282 8/4/2023 025023 ATI ELECTRICAL SUPPLY INV615956 7/25/2023 GENERATOR DOCKING STA1 3,282.41 3,282.41 590283 8/4/2023 006250 AUDIO VISUAL NOW LLC 1-2023 6/15/2023 SCREEN & SOUND FOR MO\i 3,500.00 3,500.00 590284 8/4/2023 025638 BAKER INTERNATIONAL INC, 1186045 7/26/2023 DESIGN & CONSTR SUPPOR 6,622.50 6,622.50 590285 8/4/2023 019454 BASICS OF SKATEBOARDING072423 7/24/2023 CONTRACT INSTRUCTOR PA 1,341.20 1,341.20 590286 8/4/2023 024030 BAY ALARM COMPANY 20692476 7/2/2023 3321970 MONITORING SERVI 150.00 20678981 7/1/2023 3365970 MONITORING SERVI 35.00 185.00 590287 8/4/2023 001738 BEE MAN, THE 124198 7/24/2023 BEES REMOVAL 405.00 405.00 590288 8/4/2023 035649 BERWYN JWM INVESTMENTrnef002530515 7/20/2023 UB Refund Cst #095664 135.33 135.33 590289 8/4/2023 024972 BEST BEST & KRIEGER LLP 967546 6/13/2023 DESIGNATION OF LEGAL FEI 4,322.00 970578 7/18/2023 FERGUSON V. SAN CLEMEN. 4,443.20 8,765.20 590290 8/4/2023 026276 BINA, ANTONY 4598864 7/9/2023 REIMB. FOR COLIFORM ANA 90.00 4598864 7/11/2023 REIMB. FOR ULTRAVIOLET D 90.00
4598864 7/19/2023 REIMB. FOR FECAL COLIFOF 90.00 270.00 590291 8/4/2023 031618 BIRD SOLUTIONS INT'L, INNC7993 7/21/2023 BIRD TRAPPING & REHOMIN 175.00 175.00 590292 8/4/2023 034073 BONILLA, MARIA Ref002530516 7/20/2023 UB Refund Cst #097906 43.44 43.44 590293 8/4/2023 026424 BOUGHTON, MARJORIE T 080123 8/1/2023 PARKING LOT LEASE AGREE 166.66 166.66 590294 8/4/2023 035241 BURKE, WILLIAMS & SOREN!:303957 7/7/2023 COMPLEX LITIGATION SERVI 122.00 303958 7/7/2023 COMPLEX LITIGATION SERVI 884.50 1,'006.50 590295 8/4/2023 005046 C. WELLS PIPELINE MATERIASINV23-2616 7/6/2023 PIPELINE MATERIALS 840.45 SINV23-2623 7/6/2023 PIPELINE MATERIALS 1,670.13
SINV23-2637 7/7/2023 PIPELINE MATERIALS 449.85
SINV23-2650 7/7/2023 FIRE HYDRANT CHECK VALV 27,314.63
SINV23-2759 7/24/2023 CLA-VALVE PARTS FOR WAT 24,140.37 54,415.43 Page: 1
3 apChkLst .. ' ; .·, Final Check List Page: 2·
08/03/2023 10:28:SSAM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590296 8/4/2023 027238 CALPINE ENERGY SOLUTION2320600183519! 7/25/2023 ELECTRICITY AJC #281213 165.00 23206001835201 7/25/2023 ELECTRICITY AJC #281216 169.92 23206001835201 7/25/2023 ELECTRICITY A/C #281217 721.61 2320600183519! 7/25/2023 ELECTRICITY A/C #281212 6,471.97 2320600183519! 7/25/2023 ELECTRICITY A/C #281215 2,531 .37 2320600183329! 7/20/2023 ELECTRICITY A/C #281218 71 ,506.85 81,566.72 590297 8/4/2023 026426 CARRICK, CYNTHIA T 080123 8/1/2023 PARKING LOT LEASE AGREE 166.66 166.66 590298 8/4/2023 003559 COASTAL ANIMAL SERVICES .AUG23 8/1/2023 CONTRACTED SERVICES PA 79,094.17 79,094.17 590299 8/4/2023 023598 CONDON-JOHNSON & ASSO(933972 6/26/2023 DEPOSIT REFUND HYDR ME 719.04 719.04 590300 8/4/2023 001417 CONSOLIDATED ELECTRIC D 1046192 7/18/2023 MATERIALS 115.49 115.49 590301 8/4/2023 001394 COOK PGA GOLF SHOP INC. 073123 7/31/2023 07 /24/23 - 07 /30/23 WEEKLY F 25,335.06 25,335.06 590302 8/4/2023 006090 COX COMMUNICATIONS 049351201 7/1/2023 MONTHLY COX SCADA COMr 250.00 049351101 7/1/2023 MONTHLY COX SCADA COMr 1,220.06 1,470.06 590303 8/4/2023 006090 COX COMMUNICATIONS 052093001 7/13/2023 LANDLINE PHONE SERVICE!: 21 .16 21.1 6 590304 8/4/2023 000168 CWEA-TCP 64644 7/12/2023 CERT. GRADE 4 RENEWAL- 113.00 11 3.00 590305 8/4/2023 031112 CYBER MARKETING NETWOFPEREZ-072523 7/25/2023 BOOTS FOR RYAN & ROGER 238.04 238.04 590306 8/4/2023 035656 DAVIS, JAMES Ref002530524 7/20/2023 UB Refund Cst #106531 108.64 108.64 590307 8/4/2023 005410 DEIST-BINSFIELD, INC 2131 6/15/2023 CONSTRUCTION MGMT SER 2,047.50 2134 7/13/2023 BLANKET PURCHASE ORDEF 2,677.50
2137 7/13/2023 BLANKET PURCHASE ORDEf 945.00
2135 7/13/2023 BLANKET PURCHASE ORDEf 787.50 6,457.50
590308 8/4/2023 015290 DELTACARE USA BE005630710 8/1/2023 05-R10220600000 HMO DENT 1,668.63 1,668.63 Page: 2
4 apChkLst Final Check List:; - · Page: 3
08/03/2023 10:28:55AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590309 8/4/2023 002647 DENAULT'$ HARDWARE, INC 518568 7/20/2023 HARDWARE & MAJNT SUPPL 9.23 518614 7/23/2023 HARDWARE & MAINT SUPPL 81 .34 518551 7/19/2023 HARDWARE & MAINT SUPPL 31.01 518545 7/19/2023 HARDWARE & MAINT SUPPL 10.68 518549 7/19/2023 HARDWARE & MAINT SUPPL 16.94 518544 7/19/2023 HARDWARE & MAINT SUPPL 92.04
518510 7/17/2023 HARDWARE & MAINT SUPPL 61 .04
518482 7/14/2023 HARDWARE & MAINT SUPPL 19.35
518560 7/19/2023 HARDWARE & MAINT SUPPL 43.43
518615 7/23/2023 HARDWARE & MAINT SUPPL 29.00
518624 7/24/2023 HARDWARE & MAINT SUPPL 96.29
518601 7/21/2023 HARDWARE & MAINT SUPPL 6.85 518621 7/24/2023 HARDWARE & MAINT SUPPL 157.05 518439 7/12/2023 HARDWARE & MAINT SUPPL 76.04 730.29
590310 8/4/2023 015986 DESTEFANO, LOUIS 71523 7/15/2023 ADULT SOFTBALL OFFICIAL 120.00 120.00 590311 8/4/2023 001963 DLT SOLUTIONS LLC 5177448A 7/17/2023 AUTOCAD SOFTWARE ANNU 15,461.41 15,461.41 590312 8/4/2023 035648 DUREE, AIMEE Ref002530514 7/20/2023 UB Refund Cst #091408 11.24 11.24 590313 8/4/2023 003788 EBERHARD EQUIPMENT 23498 7/25/2023 ROUGH MOWER PURCHASE 30,329.47 30,329.47 590314 8/4/2023 006374 ENVIRONMENTAL RESOURCE046865 7/17/2023 VARIOUS LAB SUPPLIES 1,765.08 1,765.08 590315 8/4/2023 023219 EVANTEC CORPORATION 202301745 7/21/2023 SUPPLIES 589.46 589.46 590316 8/4/2023 001179 FIREWORKS & STAGE FXAM21630 7/23/2023 2023 FIREWORKS 42,000.00 42,000.00 590317 8/4/2023 002042 FIRST VEHICLE SERVICES 11909762 7/20/2023 TROLLEY MAINTENANCE JUI 4,315.74 11909403 7/19/2023 FLEET MAINTENANCE CONT 5,443.17
11909735 7/20/2023 FLEET MAINTENANCE NON C 1,943.89 11,702.80 590318 8/4/2023 014 766 FORTEL TRAFFIC INC 11282 7/27/2023 TRAFFIC CALMING AVENIDA 7,508.76 7,508.76 590319 8/4/2023 022979 FRANK, TRACEY 072623 7/26/2023 CONTRACT INSTRUCTOR PA 812.08 812.08 590320 8/4/2023 012860 FUN EXPRESS, INC. 72551421701 7/19/2023 RECREATION PROGRAM SUI 172.27 172.27 590321 8/4/2023 002662 GANAHL LUMBER CO 020909462 7/12/2023 SUPPLIES/REPAIR PARTS 5.22 5.22 590322 8/4/2023 007657 GARDA 10742982 7/1/2023 ARMORED TRANSPORT 2,786.94 2,786.94 590323 8/4/2023 031385 GEOSYNTEC CONSULTANTS 1423467 7/24/2023 WATER QUALITY MANAGEMI 296.50 296.50 Page: 3
5 apChkLst _.: ';{ • ',.- I I • Final Check List Page:·4 ·· 08/03/2023 10:28:55AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590324 8/4/2023 001926 GRAINGER, INC, W.W. 9772411675 7/17/2023 HARDWARE/ EQUIPMENT 761 .14 9771871853 7/17/2023 HARDWARE/ EQUIPMENT 31 .13
9773185781 7/18/2023 HARDWARE/ EQUIPMENT 248.82
9776541477 7/20/2023 HARDWARE/ EQUIPMENT 232.70 9772093465 7/17/2023 HARDWARE/ EQUIPMENT 173.67 9771956340 7/17/2023 HARDWARE/ EQUIPMENT 208.78
9768804792 7/13/2023 HARDWARE/ EQUIPMENT 171 .68
9772721271 7/18/2023 HARDWARE/ EQUIPMENT 608.79 2,436.71 590325 8/4/2023 030903 GRANICUS LLC 168530 7/14/2023 GOVACCESS FOR VISIONLIV 12,330.85 12,330.85 590326 8/4/2023 017866 GREENWOOD, JOHN J 080123 8/1/2023 PARKING LOT LEASE AGREE 350.00 350.00 590327 8/4/2023 002311 HAAKER EQUIPMENT CO. , IN,C3A1GR 7/20/2023 PARTS/ HARDWARE 61 .55 C1A7MO 7/20/2023 PARTS/ HARDWARE 485.10
C3A1G8 7/18/2023 PARTS/ HARDWARE 313.55 860.20
590328 8/4/2023 001140 HACH COMPANY 13658422 7/17/2023 LAB SUPPLIES 754.67 13658382 7/17/2023 LAB SUPPLIES 236.19 990.86
590329 8/4/2023 035655 HALL, DAVID Ref002530523 7/20/2023 UB Refund Cst #105979 39.41 39.41 590330 8/4/2023 034246 HANSON BRIDGETT LLP 1350796 6/16/2023 FOOTHILL EASTERN TRANSf 7,512.50 1352755 7/18/2023 FOOTHILL EASTERN TRANSf 2,030.00 9,542.50 590331 8/4/2023 023511 HARPER, EVERETT 71523 7/15/2023 ADULT SOFTBALL OFFICIAL 200.00 72223 7/22/2023 ADULT SOFTBALL OFFICIAL 200.00 400.00
590332 8/4/2023 016179 HAULAWAY STORAGE CONT, 002139175 7/17/2023 CONTAINER RENTAL 68.01 68.01 590333 8/4/2023 002045 HIRSCH PIPE & SUPPLY 9013904 7/19/2023 FACILITIES - MAINT. OF BUil 301 .66 9017476 7/19/2023 FACILITIES - MAINT. OF BUil 738.67
9009148 7/14/2023 FACILITIES - MAINT. OF BUil 56.24 1,096.57 590334 8/4/2023 007033 IMPERIAL SPRINKLER SUPPL0011841655-001 7/19/2023 IRRIGATION SUPPLIES 261 .70 0011841689-001 7/19/2023 IRRIGATION SUPPLIES 261 .70 001829556-001 7/19/2023 IRRIGATION SUPPLIES 39.44 0011864160-001 7/20/2023 IRRIGATION SUPPLIES 76.78
0011855109-001 7/20/2023 IRRIGATION SUPPLIES 75.76
0011789694-001 7/17/2023 IRRIGATION SUPPLIES 20.45 0011784312-001 7/17/2023 IRRIGATION SUPPLIES 57.79 0011795877-001 7/17/2023 IRRIGATION SUPPLIES 73.12 00178844 7-001 7/17/2023 IRRIGATION SUPPLIES 260.09 0011805661-002 7/18/2023 IRRIGATION SUPPLIES 314.26 1,441 .09 Page: 4
6 apChklst Final Check List Page: 5
08/03/2023 10: 28 :55AM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total . 590335 8/4/2023 009069 JP'S SURF CAMP INC 072423 7/24/2023 INSTRUCTOR PAYMENT 11 ,462.50 072823 7/28/2023 INSTRUCTOR PAYMENT 2,992.50
072723 7/27/2023 INSTRUCTOR PAYMENT 11,917.50 26,372.50 590336 8/4/2023 032034 JRT ROOFING & WATERPROC1946 7/12/2023 JRT- TOWER ZERO ROOF R 10,800.00 10,800.00 590337 8/4/2023 028708 KERR, KEVIN 071723 7/17/2023 REIMB. FOR CWEA MEMBER 20.00 20.00 590338 8/4/2023 034814 KOMPAN CALIFORNIA INC INV1 17593 7/14/2023 PLAYGROUND EQUIPMENT F 264,590.73 264,590.73 590339 8/4/2023 010398 LARSON, SANDY 071223 7/12/2023 FIELD TRIP EXP REIMB. 145.22 145.22 590340 8/4/2023 029596 LASCELLES, BRANDON 072423 7/24/2023 CONTRACT INSTRUCTOR PA 17,192.70 072723 7/27/2023 CONTRACT INSTRUCTOR PA 14,546.70 31,739.40 590341 8/4/2023 019816 LGC GEOTECHNICAL INC 01-19500 6/30/2023 CASA ROMANTICA EMERGEf 42,069.65 42,069.65 590342 8/4/2023 034647 LOERTSCHER, JOHN 72223 7/22/2023 SOFTBALL OFFICIAL PAYMEt 120.00 71523 7/15/2023 SOFTBALL OFFICIAL PAYMEt 120.00 240.00
590343 8/4/2023 021394 LOGIXSERVICE DBAAMTEK BL308176 11/16/2022 REFUND BUSINESS LICENSE 104.00 104.00 590344 8/4/2023 007564 LOWE'S COMPANIES, INC. 23568 7/14/2023 #0333392 SUPPLIES 54.17 25557 7/19/2023 #0333392 SUPPLIES 89.09
23925 7/1 8/2023 #0333392 SUPPLIES 183.23
85338 7/20/2023 #0333392 SUPPLIES 193.48
85339 7/20/2023 #0333392 SUPPLIES 40.93
25482 7/27/2023 #0333392 SUPPLIES 24.56
23351 7/13/2023 #0333392 SUPPLIES 62.97
25122 7/15/2023 #0333392 SUPPLIES 89.75
923225 5/11/2023 #0333392 SUPPLIES 106.83 910158 5/15/2023 #0333392 SUPPLIES 37.38 910758 6/18/2023 #0333392 SUPPLIES 25.87
923412 6/21/2023 #0333392 SUPPLIES 40.90
923809 5/1/2023 #0333392 SUPPLIES 32.04
921943 5/7/2023 #0333392 SUPPLIES 6.64 987.84
590345 8/4/2023 034784 LOYA, RICKY 72223 7/22/2023 SOFTBALL OFFICIAL PAYMEt 120.00 120.00 590346 8/4/2023 035646 MADRIGAL, NOEMI Ref002530511 7/26/2023 UB Refund Cst #106689 156.92 156.92 59034 7 8/4/2023 035650 MASSE, VERONIQUE Ref002530517 7/20/2023 UB Refund est #098924 99.57 99.57 590348 8/4/2023 000502 MCMASTER-CARR SUPPLY C 11541229 7/25/2023 EQUIPMENT & TOOLS 1,060.13 11117082 7/17/2023 EQUIPMENT & TOOLS 4,696.16
11465615 7/24/2023 EQUIPMENT & TOOLS 647.80
10894307 7/12/2023 EQUIPMENT & TOOLS 3,166.75
11136730 7/18/2023 EQUIPMENT & TOOLS 1,044.76 10,615.60 Page: 5
7 apChklst Final Check List · Page: 6' _. , ..
08/03/2023 10:28:55AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590349 8/4/2023 034370 MISSION PROTECTION SERV0005113 7/23/2023 SECURITY GUARD SERVICE! 474.00 474.00 590350 8/4/2023 006627 MUNI WATER DIST OF ORANC17362 7/6/2023 ANNUAL RETAIL SERVICE CC 237,594.67 2842 7/19/2023 SUPPLEMENTAL REBATES 111 .00 237,705.67
590351 8/4/2023 031925 NATIONAL BUSINESS FURN LMK595190 7/14/2023 FILING CABINET 1,161 .21 1,161 .21 590352 8/4/2023 003762 NATIONAL CONST RENTALS, 7061830 7/3/2023 PORTABLE UNIT RENTAL 598.01 7061844 7/3/2023 PORTABLE UNIT RENTAL 598.01 7061829 7/3/2023 PORTABLE UNIT RENTAL 436.39 7061828 7/3/2023 PORTABLE RESTROOMS DAI 2,440.54 4,072.95 590353 8/4/2023 035654 NOTHING SUNDT CAKES Ref002530521 7/20/2023 UB Refund Cst #101632 35.22 35.22 590354 8/4/2023 035653 0 CONNOR, KYLE Ref002530520 7/20/2023 UB Refund Cst #1 01129 48.59 48.59 590355 8/4/2023 030289 OCCUPATIONAL HEALTH CTR79842749 7/12/2023 PHYS LEVEL 2, TB TEST~ 374.00 374.00 590356 8/4/2023 001207 ODP BUSINESS SOLUTIONS 1322560473001 7/12/2023 OFFICE SUPPLIES A/C #8983 23.96 322561019001 7/12/2023 OFFICE SUPPLIES A/C #8983 90.50
320531916001 7/6/2023 OFFICE SUPPLIES A/C #8983 119.48 318565601001 7/10/2023 OFFICE SUPPLIES A/C #8983 84.05 321559954001 7/17/2023 OFFICE SUPPLIES A/C #8983 262.17 319976177001 7/19/2023 OFFICE SUPPLIES A/C #8983 201 .02 323634739001 7/18/2023 OFFICE SUPPLIES A/C #8983 80.45 861 .63 590357 8/4/2023 025959 OMNI ENTERPRISE INC CSC0707 7/20/2023 JANITORIAL SERVICES 1,760.00 CSC0720 7/20/2023 JANITORIAL SERVICES 400.00 CSC07221 7/20/2023 JANITORIAL SERVICES 320.00 2,480.00 590358 8/4/2023 027 44 7 OSTERMILLER, DONNA M Ref002530522 7/20/2023 UB Refund Cst #102543 204.05 204.05 590359 8/4/2023 009680 PAR WEST TURF SERVICES 1181514-02 7/6/2023 FAIRWAY YARDAGE MARKEF 1,732.42 1,732.42 590360 8/4/2023 035647 PETERSEN. BRYANT Ref002530513 7/20/2023 UB Refund Cst #086217 46.64 46.64 590361 8/4/2023 033634 PRIDESTAFF INC 301680377 7/9/2023 GOLF COURSE GROUNDS Kl 3,117.20 301682585 7/16/2023 GOLF COURSE GROUNDS Kl 3,916.80 7,034.00 Page: 6 ·
8 apChkLst Final Check List- -. Page: 7 08/03/2023 10:28:SSAM SAN CLEMENTE Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590362 8/4/2023 003616 PRUDENTIAL OVERALL SUPP 132201593 7/25/2023 1372603/1273601 /1273604 UN 28.12 132200373 7/18/2023 1273604 UNIFORMS RENTAL 27.26
132200374 7/18/2023 1273601 UNIFORMS RENTAL 60.44
132199154 7/11/2023 RENTAL AND CLEANING OF l 104_77
132199155 7/11/2023 RENTALAND CLEANING OF l 65.15
132199153 7/11/2023 RENTALAND CLEANING OF l 19.25 132199156 7/11/2023 RENTAL AND CLEANING OF l 19.50 132200376 7/18/2023 RENTALAND CLEANING OF l 104.77
132200377 7/18/2023 RENTAL AND CLEANING OF l 65.1 5
132200375 7/18/2023 RENTAL AND CLEANING OF l 19_25
132200378 7/18/2023 RENTAL AND CLEANING OF l 19.50 533_16 590363 8/4/2023 000267 R & R INDUSTRIES, INC 649670 7/18/2023 SAFETY WEAR 1,546.08 1,546_08 590364 8/4/2023 003798 R & R PRODUCTS, INC CD2814355 7/19/2023 LAPPING COMPOUND 584.44 584.44 590365 8/4/2023 003033 RALPHS GROCERY CO 084071 7/20/2023 BPR A/C # E10007 39.04 063898 7/19/2023 BPR A/C # E 10007 39.52
115157 7/21/2023 BPR A/C # E10007 284.01 362.57
590366 8/4/2023 034177 REAL ESTATE CONSULTING 17343 7/7/2023 REC&S - CITY TRAIL MAINT (: 683.00 17351 7/17/2023 REC&S - CITY TRAIL MAINT (: 512 _50
17352 7/17/2023 REC&S - CITY TRAIL MAINT (: 520.00
17350 7/17/2023 REC&S - CITY TRAIL MAINT (: 917_ 17 2,632.67 590367 8/4/2023 035414 RECEIVERSHIP ESTATE OF T080123 8/1/2023 PARKING LOT LEASE AGREE 350.00 350_00 590368 8/4/2023 035210 REESE, CURTIS 71523 7/15/2023 SOFTBALL OFFICIAL PAYMEt 80.00 72223 7/22/2023 SOFTBALL OFFICIAL PAYMEt 80.00 160.00
590369 8/4/2023 000067 RINCON TRUCK CENTER INC 353966 7/20/2023 PARTS 123.41 352651 7/19/2023 PARTS 43.72
352855 7/19/2023 PARTS 43.72
353151 7/19/2023 PARTS 154.38
353732 7/12/2023 PARTS 212.92
CM353732 7/12/2023 CREDIT FOR PARTS -23.27 554.88
590370 8/4/2023 000207 ROD'S TREE SERVICE INC- 120-137-23 7/25/2023 TREE WORK 3,000.00 3,000.00 590371 8/4/2023 035645 SAN CLEMENTE AUTO GALLERef002530510 7/26/2023 UB Refund Cst #085251 1,999.72 1,999.72 590372 8/4/2023 000768 SAN CLEMENTE CITY WATER071123 7/11/2023 WATER SERVICE 79,958.55 79,958.55 590373 8/4/2023 001106 SANCON TECHNOLOGIES, IN28181 6/27/2023 CALAFIA STATE PARK SEWE 13,144.00 13, 144_00 590374 8/4/2023 035652 SC MOTORCYCLE CO Ref002530519 7/20/2023 UB Refund Cst #100361 58.69 58.69 Page:7
9 apChklst .. . J : Final Check List Page: 8
08/03/2023 10:28:55AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590375 8/4/2023 026520 SCHMIDT FIRE PROTECTION S2089-23-SA1 7/18/2023 SEMI-ANNUAL MAINT. INSPE 2,638.00 S2112-23-SA 1 7/18/2023 SEMI-ANNUAL MAINT. INSPE 804.00 3,442.00 590376 8/4/2023 005035 SCHROEDER, KAYNEA 072023 7/20/2023 INSTRUCTOR PAYMENT 18,109.00 18,109.00 590377 8/4/2023 006219 SCRRA - METROLINK 107569 7/16/2023 SAFETY MEASURES FOR QL 8,313.56 8,313.56 590378 8/4/2023 018436 SEA POINTE CONSTRUCTIOl'B23-1091 4/25/2023 REFUND OF WMP FEE 250.00 250.00 590379 8/4/2023 008357 SIMPLOT TURF & HORTICULT205089168 7/14/2023 ECO GREEN STD 2,712.20 2,712.20 590380 8/4/2023 003857 SOCAL FIRST AID & SAFETY 42-024058 7/17/2023 FIRST AID SUPPLIES 296.40 296.40 590381 8/4/2023 002755 SOUTH COAST DISTRIBUTIN<301523 7/3/2023 SUPPLIES 462.25 301964 7/21/2023 SUPPLIES 4,291.68 4,753.93
590382 8/4/2023 000817 SOUTH COAST WATER DISTF4713 7/3/2023 JRWSS FY24 OPERATION At\ 89,226.92 4735 7/25/2023 JRWSS FY23 CAPITAL IMPRC 187,657.89 276,884.81 590383 8/4/2023 003204 SOUTHERN CALIF GAS CO, lt072623 7/26/2023 09680756005 GAS SERVICES 8,075.45 072523 7/25/2023 07737028683 GAS SERVICES 3,664.33 072623 7/26/2023 14500724993 GAS SERVICES 1,229.83 12,969.61 590384 8/4/2023 000208 SOUTHERN COUNTIES FUEL:2421535-IN 7/3/2023 FUEL PURCHASES FOR CITY 11 ,201.05 2427993-IN 7/11/2023 FUEL PURCHASES FOR CITY 14,417.63
2433524-IN 7/18/2023 FUEL PURCHASES FOR CITY 14,1 13.62 2438891-IN 7/26/2023 FUEL PURCHASES FOR CITY 13,013.92
2428687-IN 7/13/2023 UNLEADED GASOLINE FOR i 1,209.61 53,955.83 590385 8/4/2023 003563 STANDARD INSURANCE 07232023 8/1/2023 VOLUNTARY LIFE INSURANC 70.25 70.25 590386 8/4/2023 014098 STANDARD INSURANCE AUG23 8/1/2023 INSURANCE 7,537.92 7,537.92 590387 8/4/2023 022514 STARFISH SIGNS & GRAPHICINV-6569 4/13/2023 CITY HALL SIGNAGE 3,005.58 3,005.58 590388 8/4/2023 034517 SYSCO RIVERSIDE INC 420339666 6/6/2023 ACCT#980883748 SUPPLY FC 90.75 420339672 6/6/2023 ACCT#980883748 SUPPLY FC 225.53
420417647 7/21/2023 ACCT#980883748 SUPPLY FC 2,357.03
420407544 7/14/2023 ACCT#980883748 SUPPLY FC 671 .23 420390104 7/4/2023 ACCT#980883748 SUPPLY FC 90.75 420390120 7/4/2023 ACCT#980883748 SUPPLY FC 225.53 3,660.82 590389 8/4/2023 026425 TAYLOR, WILLIAM D 080123 8/1/2023 PARKING LOT LEASE AGREE 166.66 166.66 590390 8/4/2023 024121 THE BANK OF NEW YORK ME252-2566973 7/21/2023 TRUSTEE FEE FUR FY 23-24 1,250.00 252-2564366 7/14/2023 FISCAL AGENT FEE RD 2016- 1,250.00 2,500.00 590391 8/4/2023 032785 THE FRANK HC NAM BYPASS080123 8/1/2023 PARKING LOT LEASE AGREE 800.00 800.00 590392 8/4/2023 0287 40 TRABUCO CANYON WATER [AR-A00173 7/27/2023 PURCHASE, SALE & DELIVEF 81,241.48 81,241.48 590393 8/4/2023 035651 TREJO, JACOBO Ref002530518 7/20/2023 UB Refund Cst #099157 74.52 74.52 590394 8/4/2023 003567 TRENCH SHORING CO, INC Rl20315518 7/19/2023 CONCRETE K-RAIUCYPRUS 474.00 474.00 Page: 8
1 0
apChklst Final Check List •.· · Page: 9
08/03/2023 10:28:55AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590395 8/4/2023 029845 UNITED BLDG & DEVELPMT !:1333 7/16/2023 REPAIR FLOATING ROCKS A. 1,965.00 1337 7/23/2023 PAINT RR & COLUMNS AT JJ 4,780.00 6,745.00 590396 8/4/2023 015061 UNREALE PROMOTIONS. INC6489297 7/12/2023 RASHGUARDS FOR OCEAN< 206.76 072523 7/25/2023 INSTRUCTOR PAYMENT 15,925.00 16,131.76 590397 8/4/2023 001190 USA BLUE BOOK I NV0008224 7 7/24/2023 SUPPLIES 619.81 619.81 590398 8/4/2023 017945 VALOVICH, ERIN Ref002530512 7/20/2023 UB Refund est #082667 34.39 34.39 590399 8/4/2023 035144 VICON ENTERPRISE INC PP1 7/5/2023 CALAFIA PUMP STATION FLC 78,526.71 78,526.71 590400 8/4/2023 016334 VISION SERVICE PLAN (CA) 818406035 7/19/2023 CLIENT ID 30005394 VISION F 4,289.57 4,289.57 590401 8/4/2023 008950 WAIZINGER, JOHN BLDG.J-2023-4-• 7/19/2023 WEEKLY SANITIZING 145.80 BLDG.N-2023-4- 7/19/2023 WEEKLY SANITIZING 97.20 243.00 590402 8/4/2023 002324 WALTERS WHOLESALE ELECS123405740.001 7/17/2023 MISC PARTS 989.80 989.80 590403 8/4/2023 008174 WEST COAST SAND & GRAVE633655 7/18/2023 SCREENED FILL SAND 754.94 754.94 590404 8/4/2023 035657 YACHTY BY NATURE 0060 7/19/2023 ENTERTAINMENT BAND 7/6/';, 3,000.00 3,000.00 590405 8/4/2023 023072 ZEBRA HOUSE COFFEE LLC HH9827DPPN7> 7/25/2023 COFFEE FOR STEED 60.00 60.00 Sub total for BANK OF THE WEST: 2,036,664.03
Page:9
1 1
apChkLst
08/03/2023 10:28:SSAM
132 checks in this report.
-~ .~ . Final Check List

SAN CLEMENTE
Page: 10 ·
Grand Total All Checks: 2,036,664.03
Page: 10
1 2
City of San Clemente
Summary of Large Dollar Warrants
Wire# Date Vendor/Payee Purpose Amount
2895 8/4/2023 CalPERS Medical Premiums for August 2023 239,729.07 Check# Date Vendor/Payee Purpose Amount
590338 8/4/2023 Kompan California Inc Playground Equipment for Park - Steed and San G. 264,590.73 590350 8/4/2023 Muni Water District of OC Annual Retail Service Connection Charge 237,705.67 590382 8/4/2023 South Coast Water District JRWSS Operating and Capital related contributions 276,884.81 1 Agenda Item: 7C(2)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST:
-----------

CITY CLERK
I HEREBY CERTIFY TO THE ACCURAQ.X OF THE FOREGOING
DEMANDS AND THAT FUNDS ARE-A'VAi.kABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
------------
1 N THE AMOUNT OF$ ~2,~89_2~,0_6_4~.0~3 ___ _
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
2 apChkLst Final Check List Page: 1
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 2897 8/11/2023 002474 CA PUB EMPLOY RETIREMEI\PP15/23 7/23/2023 PERS CONTRIBUTIONS 6,420.85 6,420.85 2898 8/11/2023 024009 CA PUB EMP RETIREMENT S'PP#15/23 7/23/2023 PERS CONTRIBUTIONS FOR 100,522.69 100,522.69 2899 8/11/2023 004156 CALIF, STATE OF, EMPLOYM!Ben2531173 8/11/2023 STATE TAX: PAYMENT 26,001.87 26,001.87 2900 8/11/2023 000010 CALIF, STATE OF, EMPLOYM!Ben2531175 8/11/2023 SDI INS: PAYMENT 5,637.42 5,637.42 2901 8/11/2023 001819 FEDERAL WITHOLDING TAX Ben2531171 8/11/2023 FEDERAL TAX: PAYMENT 170,322.36 170,322.36 2902 8/11/2023 014754 STATE DISBURSMENT UNIT Ben25311 77 8/11/2023 CHILD SUPPORT: PAYMENT 2,398.60 2,398.60 590406 8/11/2023 010213 AFLAC Ben2531165 8/11/2023 AFLAC INSURANCE: PAYMEt\ 79.42 79.42 590407 8/11/2023 009105 ALLIANT INSURANCE SVCS lt063023 6/30/2023 SPECIAL EVENT INSURANCE 1,493.00 1,493.00 590408 8/11/2023 034565 AMAZON BUSINESS 1 HD3-CQK3-YT, 7/29/2023 SUPPLIES 472.1 5 1 HXT-P47M-6X: 7/19/2023 SUPPLIES 6.43 1 FRT-GXFK-HQ 7/20/2023 SUPPLIES 16.1 5 1977-JWRH-KP. 7/21/2023 SUPPLIES 2,391 .27
13QH-TLRR-63~ 7/25/2023 SUPPLIES 82.63
1J1 L-34M7-XDIV 7/28/2023 SUPPLIES 198.09
1 KF6-RHLM-FFI 7/25/2023 SUPPLIES 699.24 14QN-MYQR-W 7/18/2023 SUPPLIES 9.1 5 1977-JWRH-J39 7/20/2023 SUPPLIES 56.00
1 KN4-CHRQ-Vrv 7/23/2023 SUPPLIES 36.70 1QXV-7YD7-LQ! 7/21/2023 SUPPLIES 70.55 16RW-6LFH-RJI 7/22/2023 SUPPLIES 81 .70 1HNK-TXV7-X3L 7/23/2023 SUPPLIES 104.51 1373-CDFF-7JG 7/25/2023 SUPPLIES 12.25 4,236.82 590409 8/11/2023 035643 AMERICAN BELLEVILLE 10499 7/28/2023 30MM DISC SPRING 700.00 700.00 590410 8/11/2023 002603 ANIMAL PEST MGMT SERVICl654669 3/31/2023 RODENT CONTROL SERVICE 455.00 654670 4/30/2023 RODENT CONTROL SERVICE 455.00 910.00
590411 8/11/2023 035608 BALSAMO, JEILA 56761048 7/6/2023 CAMP REFUND 185.00 56761003 7/6/2023 CAMP REFUND 185.00 370.00
590412 8/11/2023 019454 BASICS OF SKATEBOARDING080323 8/3/2023 CONTRACT INSTRUCTOR PA 1,890.70 073123 7/31/2023 CONTRACT INSTRUCTOR PA 1,1 34.00 3,024.70 590413 8/11/2023 035581 BEUTHIN, ANDREW 56481782 7/3/2023 REFUND OF DEPOSIT 50.00 50.00 590414 8/11/2023 035357 BICKLEY, LINDSEY 56896240 7/8/2023 REFUND - SCHEDULE CONFI 197.00 197.00 590415 8/11/2023 031618 BIRD SOLUTIONS INT'L, INNC8876 7/28/2023 BIRD TRAPPING & REHOMIN 175.00 175.00 590416 8/11/2023 035161 BOUQUET, KRISTIN 56684806 7/5/2023 REFUND - SCHEDULE CONFI 292.00 292.00 590417 8/11/2023 035609 BROWN, MONIQUE 57022771 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 Page: 1
3 apChklst Final Check List Page: 2
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590418 8/11/2023 035230 BRUCE, ELISSA 57104685 7/11/2023 REFUND - SCHEDULE CONFI 342.00 342.00 590419 8/11/2023 024454 BUNNIN, NOLEY 57100506 7/11/2023 REFUND - SCHEDULE CONFI 262.00 262.00 590420 8/11/2023 035682 BUTLER. MARY 072523 7/25/2023 REFUND FOR AMBULANCE!: 398.62 398.62 590421 8/11/2023 005046 C. WELLS PIPELINE MATERIASINV23-2835 7/28/2023 PIPELINE MATERIALS 346.96 346.96 590422 8/1 1/2023 034968 CABRAL, VICTOR 062023 6/20/2023 MILEAGE REIMBURSEMENT 26.07 26.07 590423 8/11/2023 019062 CALIF COAST CARPET & FLO 10009 7/13/2023 HARDWOOD FLOOR REPAIR 10,312.00 10,312.00 590424 8/11/2023 004940 CALIF STATE LANDS COMMl~B9504 7/28/2023 DREDGING- PROPOSED NEV 4,934.85 4,934.85 590425 8/11/2023 000010 CALIF, STATE OF. EMPLOYMEL0670881872 7/31/2023 STATE UNEMPLOYMENT INS 1,289.00 1,289.00 590426 8/11/2023 035585 CAMPA, MORGAN 56531218 7/3/2023 REFUND - SCHEDULE CONFI 254.00 254.00 590427 8/11/2023 001770 CAPISTRANO UNIFIED SCH068Sl2425 6/30/2023 CAMP FIELD TRIP BUSES 2,025.00 68SI0128 9/8/2022 CAMP FIELD TRIP BUSES 2,662.50 68SI0265 10/5/2022 CAMP FIELD TRIP BUSES 1,312.50 6,000.00 590428 8/11/2023 022636 CARE AMBULANCE SERVICE 23-000873 7/31/2023 CONTRACT AMBULANCE SEI 33,079.75 23-000874 7/31/2023 CONTRACT AMBULANCE SEI 33,079.75
23-000875 7/31/2023 CONTRACT AMBULANCE SEI 33,079.75 23-000876 7/31/2023 CONTRACT AMBULANCE SEI 33,079.75 23-000877 7/31/2023 CONTRACT AMBULANCE SEI 33,079.75 23-000884 7/31/2023 CONTRACT AMBULANCE SEI 126.78 165,525.53 590429 8/11/2023 035610 CAUDILLO, LUIS ROMERO 57031974 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590430 8/1 1/2023 012397 CENTRAL COMMUNICATIONS000029-837-441 8/1/2023 123-5154-571 MONTHLY ANS\ 46.25 000029-838-001 8/1/2023 123-5155-211 MONTHLY ANS\ 47.25 000029-837-391 8/1/2023 123-5154-461 MONTHLY ANS\ 415.79 000029-541-821 7/1/2023 24 HOUR PHONE SERVICE (L 567.50 1,076.79 590431 8/11/2023 035662 CHENOT, RYAN 57365573 7/14/2023 REFUND - CLASS CANCELLE 75.00 75.00 Page: 2
4 apChkl st Final Check List Page: 3
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590432 8/11/2023 035342 CIVICA LAW GROUP APC 10513 6/1/2023 OCSD MUNICIPAL CITATION!: 441 .90 10514 6/1/2023 OCSD LEGAL SERVICES FOF 8,300.00
10499 6/1/2023 CODEENFORCEMENTLEGA 226.00
10500 6/1/2023 CODEENFORCEMENTLEGA 728.60
10501 6/1/2023 CODEENFORCEMENTLEGA 4,519.20
10502 6/1/2023 CODEENFORCEMENTLEGA 2,332.20
10640 7/3/2023 CODE ENFORCEMENT LEGA 655.40
10633 7/3/2023 CODE ENFORCEMENT LEGA 793.80
10634 7/3/2023 CODE ENFORCEMENT LEGA 375.60 10635 7/3/2023 CODEENFORCEMENTLEGA 4,575.74 10636 7/3/2023 CODE ENFORCEMENT LEGA 1,190.40 10637 7/3/2023 CODEENFORCEMENTLEGA 45.20
10639 7/3/2023 CODEENFORCEMENTLEGA 277.20
10504 6/1 /2023 CODEENFORCEMENTLEGA 321 .80 10505 6/1/2023 CODEENFORCEMENTLEGA 203.40 10506 6/1/2023 CODEENFORCEMENTLEGA 406.80
10507 6/1/2023 CODE ENFORCEMENT LEGA 243.29
10508 6/1/2023 CODE ENFORCEMENT LEGA 113.00
10509 6/1/2023 CODEENFORCEMENTLEGA 852.60
10642 7/3/2023 CODE ENFORCEMENT LEGA 90.40
10643 7/3/2023 CODE ENFORCEMENT LEGA 670.80
10644 7/3/2023 CODE ENFORCEMENT LEGA 45.20
10645 7/3/2023 CODEENFORCEMENTLEGA 674.80
10646 7/3/2023 CODEENFORCEMENTLEGA 2,017.92
10503 6/1/2023 CODEENFORCEMENTLEGA 469.29
10510 6/1/2023 CODE ENFORCEMENT LEGA 135.60
10511 6/1/2023 CODE ENFORCEMENT LEGA 10,928.32
10648 7/3/2023 OCSD MUNICIPAL CITATION!: 90.22
10649 7/3/2023 FINAL -OCSD LEGAL SERVIC 8,300.00
10638 7/3/2023 CODEENFORCEMENTLEGA 135.60
10641 7/3/2023 CODEENFORCEMENTLEGA 45.20 50,205.48
590433 8/11 /2023 034394 CLARK, LIZ 56746467 7/6/2023 REFUND- CHANGED MIND 144.00 144.00 590434 8/1 1/2023 0187 43 CO OF ORANGE - SHERIFFS' Ben2531 167 8/11/2023 GARNISHMENT: PAYMENT 635.18 635.18 590435 8/11/2023 001241 COLONIAL LIFE & ACCIDENT Ben2531 159 8/11/2023 ACCIDENT INSURANCE: PAYI 181.77 181.77 Page:3
5 apChkLst Final Check List Page: 4
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590436 8/11/2023 026046 COLTS LANDSCAPE INC 072523-1206 7/25/2023 COLTS - LANDSCP EAST (SU 10,200.00 072523-1158 7/25/2023 COLTS - LANDSCP EAST (SU 450.00
072723-0140 7/27/2023 COLTS - LANDSCP EAST (SU 4,560.00 072723-0152 7/27/2023 COLTS - LANDSCP EAST (SU 3,440.24 18,650.24 590437 8/11/2023 023598 CONDON-JOHNSON & ASSOC925002 10/17/2022 DEPOSIT REFUND - HYDR Ml 322.20 322.20 590438 8/11/2023 034083 CONLEY, KAREN 56481937 7/3/2023 REFUND OF DEPOSIT 50.00 50.00 590439 8/11/2023 001417 CONSOLIDATED ELECTRIC 01046830 7/28/2023 MATERIALS 140.65 1046643 7/26/2023 MATERIALS 88.97 229.62
590440 8/11/2023 001394 COOK PGA GOLF SHOP INC, 080823 8/8/2023 07/31/23 - 08/06/23 WEEKLY F 24,450.40 24,450.40 590441 8/11/2023 035663 CORNISH, TRISHA 57233784 7/12/2023 REFUND - CLASS CANCELLE 215.00 215.00 590442 8/11/2023 006090 COX COMMUNICATIONS 049223401 7/22/2023 MONTHLY COX SCADA COMr 79.59 79.59 590443 8/11/2023 019513 CULINARY COOKING KIDS, LL080123 8/1/2023 CONTRACT INSTRUCTOR PA 3,989.30 3,989.30 590444 8/11/2023 035562 CURTIS, DANIELLE 56885944 7/8/2023 REFUND - SCHEDULE CONFI 342.00 342.00 590445 8/11/2023 033164 DEBUT SURF SCHOOL 080123 8/1/2023 INSTRUCTOR PAYMENT 9,784.60 9,784.60 590446 8/11/2023 035644 DEKRA-LITE INDUSTRIES, IN<SO067850 6/28/2023 COM CTR HOLIDAY TREE 25,668.56 25,668.56 590447 8/11/2023 002749 DELTA DENTAL OF CALIFORNBE005647236 7/31/2023 05-0879300000DENTAL CLAlrv 7,450.10 7,450.10 590448 8/11/2023 002647 DENAULTS HARDWARE, INC518759 8/1/2023 HARDWARE & MAINT SUPPL 7.75 518733 7/31/2023 HARDWARE & MAINT SUPPL 42.42
518666 7/26/2023 HARDWARE & MAINT SUPPL 16.00
518740 7/31/2023 HARDWARE & MAINT SUPPL 49.91
518680 7/27/2023 HARDWARE & MAINT SUPPL 10.60
518629 7/24/2023 HARDWARE & MAINT SUPPL 163.81
518623 7/24/2023 HARDWARE & MAINT SUPPL 33.42
518637 7/25/2023 HARDWARE & MAINT SUPPL 113. 71
518698 7/28/2023 HARDWARE & MAINT SUPPL 5.80
518705 7/28/2023 HARDWARE & MAINT SUPPL 6.01
518692 7/28/2023 HARDWARE & MAINT SUPPL 34.04 483.47
590449 8/11/2023 015986 DESTEFANO, LOUIS 72223 7/22/2023 ADULT SOFTBALL OFFICIAL 120.00 120.00 · 590450 8/11/2023 004462 DOHENY PLUMBING, INC. 67101 7/24/2023 SEWER- BATHROOMS BACI< 778.00 778.00 590451 8/11/2023 009540 DUDEK & ASSOCIATES, INC. 202305695 7/28/2023 ENGINEERING SERVICES FC 24,310.00 24,310.00 590452 8/11/2023 004177 E STEWART & ASSOC INC 8335S 7/20/2023 E.STEWART - PRES. WASH. 1 550.00 8333S 7/17/2023 E.STEWART ·PRES. WASH. 1 600.00 1,150.00 590453 8/11/2023 029577 ELECTRIC & MACHINERY INC425529 7/12/2023 SCADA SOFTWARE LICENSE 3,277.29 3,277.29 590454 8/11/2023 023219 EVANTEC CORPORATION 202301815 7/31/2023 SUPPLIES 58.25 202301817 7/31/2023 SUPPLIES 714.83 773.08
Page:4
6 apChkLst Final Check List Page: 5
08/09/2023 2:01 :29PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590455 8/11/2023 012157 FERGUSON WATERWORKS 0014470 7/28/2023 CUSTOMER #847552, 878902 3,554.67 3,554.67 590456 8/11/2023 026599 FISCHER, LAURA 56893332 7/8/2023 REFUND - MEDICAL REASOI\ 262.00 262.00 590457 8/11/2023 035685 FLESSNER, ERICH 0029 7/25/2023 PAGING THE 90'8 CONCERT 1,750.00 1,750.00 590458 8/11/2023 014 766 FORTEL TRAFFIC INC 15023 7/27/2023 PCB/ SOLAR CONTROLLER~ 2,824.1 9 2,824.19 590459 8/11/2023 022979 FRANK, TRACEY 590319 8/4/2023 EFT CK#590319 RETURNED E 812.08 072723 7/27/2023 CONTRACT INSTRUCTOR PA 1,743.68 2,555.76 590460 8/11/2023 021621 FRANK'S AUTO COLLISION Cl30944 8/2/2023 CHEVROLET COLORADO UN 3,1 27.28 3,127.28 590461 8/11/2023 035242 FULL TRAFFIC MAINTENANCE37527 7/18/2023 PROJECT SIGNS 909.25 37576 7/24/2023 STREET SIGNS 533.36 37577 7/24/2023 STREET SIGNS 562.46 37630 8/1/2023 STREET SIGNS 932.04 2,937.11 590462 8/11/2023 035684 GEMINI TIMING 1505 7/15/2023 CHIP TIMING 3,480.00 3,480.00 590463 8/11/2023 034466 GEORGE, MICHAEL 57023119 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590464 8/11/2023 031385 GEOSYNTEC CONSULTANTS 1423468 7/24/2023 BELL RESIDENCE WQMP RE' 4,059.75 4,059.75 590465 8/11/2023 033934 GLASGOW, HALEY 57250593 7/12/2023 REFUND - MEDICAL REASOI\ 97.84 97.84 590466 8/11/2023 035588 GONZALEZ, RAMON 56894650 7/8/2023 REFUND - SCHEDULE CONFI 332.00 332.00 590467 8/11/2023 013107 GORMAN, RON 072723 7/27/2023 INSTRUCTOR PAYMENT 381 .50 381.50 Page:5
7 apChkLst Final Check List Page: 6
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590468 8/11/2023 001926 GRAINGER, INC, W.W. 9772721289 7/18/2023 HARDWARE/ EQUIPMENT 794.76 9784510811 7/26/2023 HARDWARE / EQUIPMENT 650.04 9784247661 7/26/2023 HARDWARE/ EQUIPMENT 26.72 9787284422 7/31/2023 HARDWARE/ EQUIPMENT 110.23
9773975777 7/18/2023 HARDWARE/ EQUIPMENT 54.55
9775740914 7/19/2023 HARDWARE/ EQUIPMENT 211.91 9774097852 7/18/2023 HARDWARE/ EQUIPMENT 67.14 9784161938 7/26/2023 HARDWARE/ EQUIPMENT 1,597.55
9783822944 7/26/2023 HARDWARE/ EQUIPMENT 3,061.57
9785874158 7/27/2023 HARDWARE/ EQUIPMENT 362.77 9786046863 7/27/2023 HARDWARE/ EQUIPMENT 169.31 9776933781 7/20/2023 HARDWARE/ EQUIPMENT 604.40
9774181797 7/18/2023 HARDWARE/ EQUIPMENT 24.57
9784946395 7/27/2023 HARDWARE/ EQUIPMENT 314.34
9774999982 7/19/2023 HARDWARE/ EQUIPMENT 133.22
9784510803 7/26/2023 HARDWARE/ EQUIPMENT 383.20
9784247653 7/26/2023 HARDWARE/ EQUIPMENT 286.96
9780160298 7/24/2023 HARDWARE/ EQUIPMENT 5.90
9784127426 7/26/2023 HARDWARE/ EQUIPMENT 741.48
9774510623 7/19/2023 HARDWARE/ EQUIPMENT 3,241.01
9774049341 7/19/2023 HARDWARE/ EQUIPMENT 100.78
9775188833 7/19/2023 HARDWARE/ EQUIPMENT 276.57
9784134364 7/26/2023 HARDWARE/ EQUIPMENT 11 .38 9777283863 7/21/2023 HARDWARE/ EQUIPMENT 542.76 9786163163 7/28/2023 HARDWARE/ EQUIPMENT 1,850.29 15,623.41 590469 8/11/2023 035611 GUIMARAES, RICARDO 56780342 7/6/2023 REFUND - CHANGED MIND 262.00 262.00 590470 8/11/2023 002311 HAAKER EQUIPMENT CO., IN,C3A1HH 8/1/2023 PARTS / HARDWARE 4,328.75 C3A1HM 7/31/2023 PARTS/ HARDWARE 2,586.00 6,914.75
5904 71 8/11/2023 035612 HALEY, DOROTHY 56667065 7/5/2023 CREDIT ON ACCOUNT REFUI 144.00 144.00 590472 8/11/2023 031281 HALL, YVONNE 080223 8/2/2023 CONTRACT INSTRUCTOR PA 218.40 073123 7/31/2023 CONTRACT INSTRUCTOR PA 3,686.20 3,904.60 590473 8/11/2023 035613 HANNA, LISA 57054791 7/10/2023 REFUND - MEDICAL REASOt\ 370.00 370.00 5904 7 4 8/11/2023 035614 HARDT, SUSIE 56642589 7/5/2023 REFUND - CHANGED MIND 1,345.00 1,345.00 590475 8/11/2023 023511 HARPER,EVERETT 72923 7/29/2023 ADULT SOFTBALL OFFICIAL 200.00 200.00 5904 76 8/11/2023 035589 HARRIS, SONDRA 56482206 7/3/2023 REFUND OF DEPOSIT 50.00 50.00 Page: 6
8 apChklst Final Check List Page: 7
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 5904 77 8/11/2023 029500 HAYWARD, CARIN 56550491 7/3/2023 REFUND - SCHEDULE CONFI 262.00 262.00 5904 78 8/11/2023 033531 HERNANDEZ.HECTOR 56481843 7/3/2023 REFUND OF DEPOSIT 50.00 50.00 5904 79 8/11/2023 002045 HIRSCH PIPE & SUPPLY 9040514 8/1/2023 FACILITIES - MAINT. OF BUil 1,824.22 1,824.22 590480 8/11/2023 035521 HOCH CONSULTING, APC 20230095 7/31/2023 STEED PARK SEWER LATER 5,577.00 5,577.00 590481 8/11/2023 035615 HURTADO, PATRICIA 57032126 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590482 8/11/2023 007033 IMPERIAL SPRINKLER SUPPL0011987379-001 7/28/2023 IRRIGATION SUPPLIES 54.09 0011931690-001 7/25/2023 IRRIGATION SUPPLIES 312.29
0011920815-002 7/25/2023 IRRIGATION SUPPLIES 432.70 0011989704-001 7/28/2023 IRRIGATION SUPPLIES 292.95 0011975588-001 7/27/2023 IRRIGATION SUPPLIES 100.51 0011969434-002 7/27/2023 IRRIGATION SUPPLIES 488.29 0011946357-001 7/26/2023 IRRIGATION SUPPLIES 37.85 0011940185-001 7/26/2023 IRRIGATION SUPPLIES 323.14 0011949500-001 7/26/2023 IRRIGATION SUPPLIES 276.88 0011855109-002 7/24/2023 IRRIGATION SUPPLIES 5.40 0011933547-001 7/25/2023 IRRIGATION SUPPLIES 203.04 2,527.14 590483 8/11/2023 012787 INFOSEND, INC. 242753 7/3/2023 UTILITY BILL PROCESSING 1,011 .87 243814 7/17/2023 UTILITY BILL PROCESSING 10.61
243215 7/7/2023 UTILITY BILL PROCESSING 2,503.91 243813 7/17/2023 UTILITY BILL PROCESSING 7,001 .76 10,528.15 590484 8/11/2023 035616 INMAN, JOANNE 56667799 7/5/2023 JUNIOR LIFEGUARD REFUN[ 262.00 262.00 590485 8/11/2023 019001 IPS GROUP, INC INV87207 7/31/2023 BANK MERCHANT FEES 1,743.27 1,743.27 590486 8/11/2023 022623 JCTEES.COM CORPORATION8893 6/30/2023 PRO STAFF APPAREL 1,348.95 1,348.95 590487 8/11/2023 034508 JENNETTE COMPANY INC PP1 8/1/2023 WATER RECLAMATION PLAN 87,756.25 87,756.25 590488 8/11/2023 008609 JOHNSTONE SUPPLY OF SAl'-2129373 7/25/2023 SIGNAL SUPPLIES 172.37 2129275 7/25/2023 SIGNAL SUPPLIES 4,732.64 4,905.01
590489 8/11/2023 009069 JP'S SURF CAMP INC 080323 8/3/2023 INSTRUCTOR PAYMENT 11,707.50 11,707.50 590490 8/11/2023 028708 KERR, KEVIN 072323-072923 7/29/2023 EXPENSE REIMBURSEMENT 1,721.90 1,721.90 590491 8/11/2023 035617 KISPERT, CRAIG 57022558 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590492 8/11/2023 035594 KUBICKI, AAHMES 56482083 7/3/2023 REFUND OF DEPOSIT 50.00 50.00 590493 8/11/2023 001779 KUSUNOKI, GARY I 1704 7/31/2023 CITATION HEARING OFFICEF 100.00 100.00 590494 8/11/2023 031625 LACASSE, ASHLEY 56437166 7/2/2023 REFUND - SCHEDULE CONFI 192.00 57537820 7/16/2023 REFUND - SCHEDULE CONFI 182.00 374.00 590495 8/11/2023 030263 LAMONT, HANLEY & ASSOCIJ2022179DO011E 7/25/2023 REFUND FOR AMBULANCE c 1,723.92 1,723.92 590496 8/11/2023 029596 LASCELLES, BRANDON 080323 8/3/2023 CONTRACT INSTRUCTOR PA 5,551 .00 5,551.00 Page:7
9 apChkLst Final Check List Page: 8
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590497 8/11/2023 035688 LAW OFFICES OF CRAIG ALE080723 8/7/2023 SETTLEMENTAGREEMENTL 21 ,1 48.97 21,148.97 590498 8/11/2023 028250 LAWRENCE, ANDREA 57063849 7/10/2023 REFUND - SCHEDULE CONFI 237.00 237.00 590499 8/11/2023 034405 LEATHEM-SELZER, MEGHAN 57024104 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590500 8/11/2023 035618 LECLAIR, KELLY 56773203 7/6/2023 REFUND - SCHEDULE CONFI 252.00 56773254 7/6/2023 REFUND - SCHEDULE CONFI 247.00 499.00 590501 8/11/2023 035619 LEON, TEAGUE 57019578 7/10/2023 REFUND OF DEPOSIT 43.75 43.75 590502 8/11/2023 019816 LGC GEOTECHNICAL INC 01-19070 3/31/2023 PN 21208 LINDA LANE SLOPE 2,801.25 2,801 .25 590503 8/11/2023 000937 LINDE GAS & EQUIPMENT IN<37420938 7/31/2023 CUSTOMER #71635749 FINAt 3.98 3.98 590504 8/11/2023 035620 LLAMAS, JIMMY 57071002 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590505 8/11/2023 03464 7 LOERTSCHER, JOHN 72923 7/29/2023 SOFTBALL OFFICIAL PAYMEt 120.00 120.00 590506 8/11/2023 035621 LOPEZ, BRYAN 57031834 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590507 8/11/2023 007564 LOWE'S COMPANIES, INC. 91226 8/1/2023 #0333392 SUPPLIES 57.28 91254 8/1/2023 #0333392 SUPPLIES 34.72
25234 7/25/2023 #0333392 SUPPLIES 26.58
77942 7/28/2023 #0333392 SUPPLIES 122.72
23766 7/17/2023 #0333392 SUPPLIES 37.28
23914 7/18/2023 #0333392 SUPPL! ES 107.52
25376 7/17/2023 #0333392 SUPPLIES 36.82
23787 7/17/2023 #0333392 SUPPLIES 110.05 532.97
590508 8/11/2023 028910 MALLORY, BETTY 56724868 7/6/2023 REFUND - MEDICAL REASOI\ 588.00 588.00 590509 8/11/2023 035622 MARSHALL, JANE 56640108 7/5/2023 CREDIT ON ACCOUNT REFUI 25.00 25.00 590510 8/11/2023 035623 MARTINEZ, KAREN 57025131 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590511 8/11/2023 015555 MATHIS, MIKE 57292430 7/13/2023 CREDIT REFUND 177.00 177.00 590512 8/11/2023 035673 MAYNARD, JANA 57124232 7/11/2023 REFUND - CHANGED MIND 688.00 688.00 590513 8/11/2023 0264 72 MAYORGA, JAMIE 56434346 7/2/2023 REFUND - SCHEDULE CONFI 596.00 596.00 590514 8/11/2023 035686 MB CONSTRUCTION 916907 4/22/2022 DEPOSIT REFUND HYDR ME' 756.00 756.00 590515 8/11/2023 012772 MBF CONSULTING, INC. 1900-1753 8/1/2023 BLANKET PURCHASE ORDEf 5,340.00 1900-1752 8/1/2023 BLANKET PURCHASE ORDEf 2,220.00
1900-1751 8/1/2023 BLANKET PURCHASE ORDEF 1,380.00
1900-1747 8/1/2023 BLANKET PURCHASE ORDEF 1,620.00
1900-1755 8/1/2023 BLANKET PURCHASE ORDEf 3,660.00
1900-1754 8/1/2023 BLANKET PURCHASE ORDEF 2,100.00
1900-1750 8/1/2023 BLANKET PURCHASE ORDEF 1,020.00
1900-1749 8/1/2023 BLANKET PURCHASE ORDEf 780.00
1900-1748 8/1/2023 BLANKET PURCHASE ORDEf 1,140.00 19,260.00 Page:8
1 0
apChklst Final Check List Page: 9
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check # Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590516 8/1 1/2023 034519 MCCARTHY, RICHARD 073123 7/31 /2023 CONTRACT INSTRUCTOR PA 357.00 357.00 590517 8/11/2023 000502 MCMASTER-CARR SUPPLY C 11610959 7/26/2023 EQUIPMENT & TOOLS 158.09 11619687 7/26/2023 EQUIPMENT & TOOLS 264.01
11676535 7/27/2023 EQUIPMENT & TOOLS 55.29 477.39
590518 8/11/2023 006041 METRON-FARNIER, LLC 38346 7/19/2023 INNOV8 REGISTER 811.91 811 . 91 590519 8/11/2023 03567 4 MILLAR, KRISTA 57204760 7/12/2023 CREDIT REFUND 195.00 195.00 590520 8/1 1/2023 021907 MILLER, MICHELLE 56635214 7/5/2023 REFUND - SCHEDULE CONFI 262.00 262.00 590521 8/1 1/2023 035624 MILLER, RONALD 56965594 7/9/2023 CREDIT ON ACCOUNT REFUI 160.00 160.00 590522 8/11/2023 034977 MISSION SQUARE-107987 Ben2531169 8/11/2023 401A DEFERRED COMP: PAY 699.67 699.67 590523 8/11 /2023 003619 MISSION SQUARE-302452 Ben2531157 8/11/2023 DEFERRED COMP ICMA: PA't 26,208.69 26,208.69 590524 8/11/2023 034976 MISSION SQUARE-306379 Ben2531161 8/1 1/2023 DEFERRED COMP/ICMA PTS 11,134.42 11,1 34.42 590525 8/11/2023 017626 MORCOS, LINDSAY 56436531 7/2/2023 REFUND - SCHEDULE CONFI 399.00 399.00 590526 8/11/2023 035625 MUNIZ, TIFFANY 57026372 7/10/2023 REFUND - CLASS CANCELLE 225.00 225.00 590527 8/11/2023 003 762 NATIONAL CONST RENTALS, 7083330 7/19/2023 STORAGE CONTAINER 258.60 1629752 7/13/2023 PORTABLE RESTROOMS 7/1 : 592.64 851.24 590528 8/11 /2023 035600 NICHOLSON, KIMBERLY 56481659 7/3/2023 REFUND OF DEPOSIT 50.00 50.00 590529 8/11/2023 035676 NITSCHE, HANA 57228549 7/12/2023 REFUND - CLASS CANCELLE 132.00 132.00 590530 8/11/2023 035687 OC LASER ENGRAVING 1 7/29/2023 FIELD TRAINING OFFICER AF 155.70 155.70 590531 8/11 /2023 030289 OCCUPATIONAL HEALTH CTR79918829 7/19/2023 PHYS LEVEL 2, TB TEST, DO" 187.00 79990654 7/26/2023 PHYS LEVEL 2, TB TEST, DO" 748.00 935.00 590532 8/1 1/2023 001207 ODP BUSINESS SOLUTIONS 1320887629001 7/21/2023 OFFICE SUPPLIES A/C #8983 126.06 323236213001 7/13/2023 OFFICE SUPPL! ES A/C #8983 11 1.81 323309174001 7/13/2023 OFFICE SUPPL! ES A/C #8983 134.68 323309173001 7/14/2023 OFFICE SUPPLIES A/C #8983 514.56 323308593001 7/14/2023 OFFICE SUPPLIES A/C #8983 255.41 1,142.52 590533 8/11/2023 008563 ONESOURCE DISTRIBUTORSS7269830.001 7/21 /2023 SUPPLY 3,565.75 S7261581.001 7/11 /2023 SUPPLY 242.00
S7243614.001 7/19/2023 SUPPLY 379.08
S7273312.001 7/27/2023 SUPPLY 892.82 5,079.65
590534 8/11 /2023 001086 ORANGE COUNTY TREAS/TASH65984 8/3/2023 OCSD LAW ENFORCEMENT 1 1,646,645. 16 1,646,645.1 6 590535 8/1 1/2023 001086 ORANGE COUNTY TREAS/TASTCS002254 7/24/2023 800MHz BACKBONE MAINTE 13,491.50 13,491.50 590536 8/11/2023 000535 ORANGE COUNTY, AUDITOR IN2650604 8/5/2023 CUPAANNUAL INVOICE -STC 290.00 IN2651165 8/5/2023 UNDERGROUND STORAGE 1 595.00
IN2650924 8/5/2023 ABOVEGROUND STORAGE" 324.00 1,209.00 590537 8/11/2023 020253 O'REILLY AUTO PARTS 2676-279967 7/26/2023 PARTS 40.46 40.46 Page:9
1 1
apChklst Final Check List Page: 10
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590538 8/11/2023 020153 PACIFIC ADVANCED CIVIL EN 7497 6/30/2023 ENGINEERING DESIGN SER\ 2,024.00 2,024.00 590539 8/11/2023 012346 PACIFIC PRODUCTS & SVCS, 32242 7/12/2023 MEDIAN MARKERS 1,395.36 1,395.36 590540 8/11/2023 035626 PADILLA, EVELYN 57023009 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590541 8/11/2023 026684 PADOLFO, LIZA 57327158 7/13/2023 REFUND - SCHEDULE CONFI 262.00 262.00 590542 8/11/2023 035627 PALACIOS, LUIS 57029409 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590543 8/11/2023 015190 PAYFLEX SYSTEMS, USA Ben2531163 8/11/2023 SEC 125 MEDICAL: PAYMENl 3,043.15 3,043.15 590544 8/11/2023 025708 PAYNE, NIKKI 57019647 7/10/2023 REFUND OF DEPOSIT 75.00 75.00 590545 8/11/2023 034 717 PEDRAZA, CARMEN 56482044 7/3/2023 REFUND OF DEPOSIT 50.00 50.00 590546 8/11/2023 002728 PETTY CASH 073123 7/31/2023 REPLENISH PETTY CASH 119.77 063023 6/30/2023 REPLENISH PETTY CASH 375.96 495.73
59054 7 8/11/2023 010648 PLUMBERS DEPOT INC PD-54195 7/31/2023 PARTS/ SUPPLIES 3,801.25 3,801.25 590548 8/11/2023 033867 POPE, LISA MICHELLE 230716 7/16/2023 JUNE 2723 PUBLIC SAFETY C 250.00 250.00 590549 8/11/2023 033673 POWERCLEAN 7621 7/27/2023 PRESSURE WASHING SERVI 435.00 7622 7/27/2023 POWERCLEAN - PRES. WASI 5,579.16 6,014.1 6 590550 8/11/2023 033634 PRIDESTAFF INC 301684124 7/23/2023 GOLF COURSE GROUNDS Kl 3,780.00 3,780.00 590551 8/11/2023 025884 PRINT MEDIA 0352788-IN 7/26/2023 PAPER WOLLS FOR PAY STA 1,086.80 1,086.80 590552 8/11/2023 003616 PRUDENTIAL OVERALL SUPP132202849 8/1/2023 1273601 UNIFORMS RENTAL 60.44 132202848 8/1/2023 1273604 UNIFORMS RENTAL 27.26
132201608 7/25/2023 1273601 UNIFORMS RENTAL 60.44 132201607 7/25/2023 1273604 UNIFORMS RENTAL 27.26 175.40 590553 8/11/2023 034413 QUINN, HOLLY 57025037 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590554 8/11/2023 000267 R & R INDUSTRIES, INC 650340 7/28/2023 SAETY SHIRTS 174.16 174.16 590555 8/11/2023 003033 RALPHS GROCERY CO 048021 7/25/2023 BPR A/C # E 1 0007 251.67 035763 8/1/2023 BPRA/C # E10007 226.50
032907 8/1/2023 BPR A/C # E10007 52.98 531.15
590556 8/11/2023 034177 REAL ESTATE CONSULTING 17372 8/2/2023 REC&S - CITY TRAIL MAINT (I 9,500.00 17366 7/28/2023 REC&S - CITY TRAIL MAINT (: 861.14
17358 7/25/2023 REC&S - CITY TRAIL MAINT (: 512.50 10,873.64 590557 8/11/2023 032055 REED, JENNIFER 57019735 7/10/2023 REFUND OF DEPOSIT 81.25 81 .25 590558 8/11/2023 035210 REESE, CURTIS 72923 7/29/2023 SOFTBALL OFFICIAL PAYMEt 80.00 80.00 590559 8/11/2023 034415 RENDON, SOPHIA 57172346 7/11/2023 REFUND - SCHEDULE CONFI 262.00 262.00 590560 8/11/2023 035536 RIGDEN, ANGELA 57108632 7/11/2023 REFUND - CHANGED MIND 72.00 72.00 590561 8/11/2023 034962 RJM DESIGN GROUP INC 35616 4/12/2023 PN 13703 STEED PARK PICKi 29,590.58 35804 7/13/2023 PN 13703 STEED PARK PICKi 8,017.31 37,607.89 590562 8/11/2023 035355 RODARTI, DOMINIC 073023 7/30/2023 REIMBURSEMENT FOR GAS 88.68 88.68 Page: 10
1 2
apChklst Final Check List Page: 11
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590563 8/11/2023 000207 ROD'S TREE SERVICE INC 120-133-23 6/19/2023 TREE WORK 4,500.00 4,500.00 590564 8/11/2023 035628 RYSAVY, JUDY 57022912 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590565 8/11/2023 001858 SAINT MICHAELS CHURCH 56481902 7/3/2023 REFUND OF DEPOSIT 50.00 50.00 590566 8/11/2023 000635 SAN CLEMENTE CITY EMPLOBen2531155 8/11/2023 DUES - SCCEA: PAYMENT 1,568.00 1,568.00 590567 8/11/2023 001174 SAN DIEGO GAS & ELECTRIC072823 7/28/2023 0007468247797 DISTRIBUTIO 11,765.66 080223G 8/2/2023 10112124370 DISTRIBUTION t 102,478.53 114,244.19 590568 8/11/2023 00227 4 SAN JOAQUIN HILLS TC A JUNE2023 6/30/2023 FEES COLLECTED JUNE 202 15,244.00 15,244.00 590569 8/11/2023 001106 SANCON TECHNOLOGIES, IN28167 6/2/2023 EMERGENCY REPAIR ON 51 ! 4,500.00 4,500.00 590570 8/11/2023 035604 SARRADE, PAULA 56489468 7/3/2023 REFUND - CLASS CANCELLE 288.00 288.00 590571 8/11/2023 031737 SATRAPPE, ZAIYA 57430821 7/15/2023 REFUND - CHANGED MIND 182.00 182.00 590572 8/1 1/2023 035629 SAUNDERS, KRISTI 57024031 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590573 8/11/2023 035630 SCURR,MARTHA 57048523 7/10/2023 REFUND OF DEPOSIT 50.00 50.00 590574 8/11/2023 016912 SECURE LIVE SCAN 13988 7/31/2023 FINGERPRINT ROLLING FEE 390.00 390.00 590575 8/11/2023 033069 SHELLOCK, JESSICA 56727155 7/6/2023 REFUND - CLASS CANCELLE 225.00 225.00 590576 8/1 1/2023 002755 SOUTH COAST DISTRIBUTIN<302062 7/25/2023 SUPPLIES 273.47 302040 7/25/2023 SUPPLIES 433.52 706.99
590577 8/11/2023 000170 SOUTH COAST WATER DISTF4-2354 7/25/2023 WATER BILLING 150.76 4-2237 7/25/2023 WATER BILLING 2,533.86
4-2481 7/25/2023 WATER BILLING 95.65 4-2495 7/25/2023 WATER BILLING 157.15 2,937.42 590578 8/11/2023 003204 SOUTHERN CALIF GAS CO, lf072623A 7/26/2023 05900755900 GAS SERVICES 63.09 072723 7/27/2023 11753986915 GAS SERVICES 93.02 156.11
590579 8/11/2023 028725 SPAN, EILEEN 080123 8/1/2023 CONTRACT INSTRUCTOR PA 5,810.00 5,810.00 590580 8/11/2023 001753 SUMMERS/MURPHY 23-1921 7/13/2023 LDR 23-115 LANDSCAPE PLA 2,070.00 23-1920 7/13/2023 LAN 19-013 LANDSCAPE PLA 1,150.00 3,220.00 590581 8/11/2023 027249 SUMMIT ENVIRONMENTAL Gf2023-BB01 6/30/2023 COASTAL ZONE DEVELOPME 1,040.00 1,040.00 590582 8/11/2023 035631 TEICHMAN, DUSTIN 56890306 7/8/2023 REFUND - SCHEDULE CONFI 342.00 56889700 7/8/2023 REFUND - SCHEDULE CONFI 342.00 684.00 590583 8/11/2023 033671 THOMAS, JESSICA BL-0321233 7/26/2023 REFUND BUSINESS LICENSE 35.00 35.00 590584 8/11/2023 003436 TONY'S LOCKSMITH 41391ERS 7/25/2023 CYLINDER REPLACEMENT - 1 2,451 .31 42678ERS 7/24/2023 REPLACED LOCK 361.98
42697ES 7/27/2023 MASTER KEY 797.35 42694 7/25/2023 REPAIR SERVICES 175.00 43857 7/27/2023 SERVICES 275.00 4,060.64 Page: 11
1 3
apChklst Final Check List Page: 12
08/09/2023 2:01:29PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590585 8/1 1/2023 001088 UNDERGROUND SERVICE AL 720230603 8/1 /2023 UNDERGROUND SERVICE F< 284.75 23-240348 8/1/2023 UNDERGROUND SERVICE F< 71 .79 356 .54 590586 8/11/2023 034241 UNSUNG STUDIO LLC 2980 6/13/2023 SPORTS REBRAND 5,000.00 5,000.00 590587 8/11/2023 035632 VARELA, ALANE 56639813 7/5/2023 REFUND - SCHEDULE CONFI 458.00 458.00 590588 8/11 /2023 033067 VEALE, LINDSEY 57038818 7/10/2023 REFUND - SCHEDULE CONFI 262.00 262.00 590589 8/1 1/2023 016334 VISION SERVICE PLAN (CA) 818406037 7/19/2023 CLIENT ID 30005394 VISION F 783.17 783.17 590590 8/1 1/2023 003242 WALMART COMMUNITY CAR[1649930493 7/19/2023 A/C #645889 1,692.37 1,692.37 590591 8/11/2023 002324 WALTERS WHOLESALE ELECS123044716.001 7/25/2023 MISC PARTS 3,917.49 S123596163.001 7/28/2023 MISC PARTS 840.03
S123610179.001 7/31 /2023 MISC PARTS 280.01 5,037.53
590592 8/1 1/2023 030065 WCT PRODUCTS W15323 7/27/2023 LEAK DETECTION DEVICE Pl 6,555.62 6,555.62 590593 8/1 1/2023 031253 WESTFALL, RACHEL 073123 7/31/2023 CONTRACT INSTRUCTOR PA 1,260.00 1,260.00 590594 8/11/2023 020525 WHENTOWORK, INC 60172334-200-1. 8/1 /2023 W2W UPGRADE 60172334-20 220.00 220.00 590595 8/11/2023 035606 WILLENBORG, MARY 56507959 7/3/2023 REFUND - SCHEDULE CONFI 332.00 332.00 Sub total for BANK OF THE WEST: 2,892,064.03
Page: 12
1 4
apChkLst
08/09/2023 2:01 :29PM
196 checks in this report.

Final Check List

SAN CLEMENTE
Page: 13
Grand Total All Checks: 2,892,064.03
Page: 13
1 5
City of San Clemente
Summary of Large Dollar Warrants
Wire# Date Vendor/Payee
2898 8/11/2023 CalPERS
2902 8/11/2023 Federal Withholding
Check# Date Vendor/Payee
590428 8/11/2023 CARE Ambulance
590534 8/11/2023 OC Treasurer/Tax Collector
590567 8/11/2023 San Diego Gas and Electric
Purpose
PERS Contributions for Miscellaneous Plan
Federal withholding taxes for pay period end 8/11/2023
Purpose
Contract Services for July 2023
OCSD Police Contract Services for August 2023
Distribution and Electricity Charges for City accounts
Amount
100,522.69 170,322.36
Amount
165,525.53
1,646,645.16
114,244.19
1 Agenda Item: 7C(3)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST:
----------

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
------------
1 N THE AMOUNT OF$ ~~------ 1 471 452.55
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
2 apChkLst Final Check List Page: 1
08/16/2023 2:07:23PM SAN CLEMENTE
Bank : city BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 590596 8/18/2023 020648 A & Y COMPANY INC RETENTION 8/7/2023 FY23 - ON-CALL ST. MAIN. & . 24,833.85 24,833.85 590597 8/18/2023 000042 AKM CONSULTING ENGINEEF0012306 7/5/2023 MASTER PLAN UPDATE- REC 8,007.00 0012374 8/10/2023 MASTER PLAN UPDATE- REC 16,618.07 24,625.07 590598 8/18/2023 015621 ALEXANDER'S CONTRACT S\202307310014 7/31/2023 MONTHLY METER READING , 22,130.62 104741 7/31/2023 MONTHLY METER READING , 178.18 22,308.80 590599 8/18/2023 035683 ALLIED UNIVERSAL SECURIT14595282 8/6/2023 PRIVATE SECURITY SERVICE 28,416.28 28,416.28 590600 8/18/2023 002603 ANIMAL PEST MGMT SERVICl692185 7/31/2023 APM - LNDSCP RODENT CTR 300.00 692161 7/31/2023 APM - LNDSCP RODENT CTR 2,514.40
654673 7/31/2023 APM - LNDSCP RODENT CTR 390.00 3,204.40 590601 8/18/2023 034095 ARDENT PRESS INC 40376 7/20/2023 HANDBOOK COVERS 112.20 112.20 590602 8/18/2023 024288 ARMOR FENCE CONCEPTS 1239 8/7/2023 FENCE REPAIRS 2,725.80 1237 8/7/2023 FORESTER RANCH PK-HAN 1,295.00 4,020.80
590603 8/18/2023 000184 AWARDS N MORE 5819 8/3/2023 TILES/ BADGE/ NAMEPLATE 162.97 162.97 590604 8/18/2023 024030 BAY ALARM COMPANY 20676059 7/1/2023 3289970 MONITORING SERVI 789.74 20774155 8/3/2023 3289970 MONITORING SERVI 789.74
20708989 7/3/2023 3300870 MONITORING SERVI 1,103.00
20740947 7/27/2023 3300770 MONITORING SERVI 395.00 3,077.48 590605 8/1 8/2023 007922 BEE BUSTERS 142918 7/28/2023 REMOVAL OF COLONY BEES 250.00 142224 7/4/2023 REMOVAL OF COLONY BEES 125.00 375.00
590606 8/18/2023 031618 BIRD SOLUTIONS INT'L, INNC9794 8/4/2023 BIRD TRAPPING & REHOMIN 175.00 274297 3/10/2023 SERVICE TRAPS ON THE RO 175.00
274298 3/17/2023 SERVICE TRAPS ON THE RO 175.00 278513 4/28/2023 SERVICE TRAPS ON THE RO 175.00 700.00 590607 8/18/2023 035719 BRONCO ROOFING INC B23-1842 7/18/2023 REFUND OF WMP FEE 250.00 250.00 590608 8/18/2023 005046 C. WELLS PIPELINE MATERIASINV23-2888 8/2/2023 PIPELINE MATERIALS 772.57 SINV23-2902 8/2/2023 PIPELINE MATERIALS 1,276.84 SINV23-2889 8/2/2023 PIPELINE MATERIALS 946.05 SINV23-2831 7/28/2023 CLA-VALVE PARTS FOR WAT 400.83 SINV23-2766 7/24/2023 PIPELINE MATERIALS 2,370.50 SINV23-2710 7/24/2023 PIPELINE MATERIALS 1,532.21 SINV23-2765 7/24/2023 PIPELINE MATERIALS 2,101.13 SINV23-2799 7/26/2023 PIPELINE MATERIALS 2,876.93 12,277.06 2905 8/18/2023 024009 CA PUB EMP RETIREMENT S'PP#16/23 8/6/2023 PERS CONTRIBUTIONS FOR 100,059.45 100,059.45 2904 8/18/2023 0024 7 4 CA PUB EMPLOY RETIREMEf\PP16/23 8/6/2023 PERS CONTRIBUTIONS 6,420.85 6,420.85 Page: 1
3 apChkLst Final Check List Page: 2
08/16/2023 2:07:23PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590609 8/18/2023 034968 CABRAL, VICTOR 080823 8/8/2023 MILEAGE REIMBURSEMENT 40.09 40.09 590610 8/18/2023 025098 CALIF DEPT OF HEAL TH CAR 09152023 9/15/2023 PP-GEMT-IGT ANNUAL PART\ 65,128.43 65,128.43 590611 8/18/2023 0067 40 CALIFORNIA JPIA UST001113 8/4/2023 PREMIUM UNDERGROUNDS 3,980.00 ENVIR01267 8/7/2023 POLUTION LIABILITY INSURP 11 ,100.00 15,080.00 2903 8/18/2023 003879 CALPERS 1000000172500l 8/7/2023 GASS 68 REPORTING SERVl 1 1,050.00 1,050.00 590612 8/18/2023 027238 CALPINE ENERGY SOLUTION2322100184216• 8/9/2023 ELECTRICITY A/C #271426 13,885.21 2321500183919: 8/3/2023 ELECTRICITY A/C #281219 5,728.19 2322100184216• 8/9/2023 ELECTRICITY NC #281211 1,577.57 21 ,190.97 590613 8/18/2023 014672 CAPISTRANO CRANE SERVIC 17916 8/4/2023 CRANE RENTAL 849.25 849.25 590614 8/18/2023 015477 CELL BUSINESS EQUIPMENT IN2646551 8/5/2023 CITYWIDE COPIER MAINTEN 9,364.25 9,364.25 590615 8/18/2023 012397 CENTRAL COMMUNICATIONS000029-837-251 8/1/2023 24 HOUR PHONE SERVICE (L 1,009.70 1,009.70 590616 8/18/2023 012397 CENTRAL COMMUNICATIONS000029-837-401 8/1/2023 123-5154-471 , 24/7 PROFESS 853.46 853.46 590617 8/18/2023 035343 CERTAPRO PAINTERS OF 9727 7/25/2023 VHSP RR INTERIOR WORK 1,000.00 1,000.00 590618 8/18/2023 030179 CHA CONSTRUCTION 823-0524 4/25/2023 REFUND OF WMP FEE 500.00 500.00 590619 8/18/2023 023677 CHANDLER ASSET MANAGEl\2307SANCLEME 8/3/2023 Portfolio Manaqement FY 2024 5,410.31 5,410.31 590620 8/18/2023 035039 CHEM PRO LLC IN122053 8/1/2023 WATER TRTMT. SVC 344.00 344.00 590621 8/18/2023 019519 CINTAS CORPORATION 1904169499 8/3/2023 JACKET/ HATS 131 .30 1904161702 8/1/2023 EYEGLASSS CLEANER FOR : 75.37
1904178949 8/8/2023 APPAREL FOR STAFF 597.82 804.49
590622 8/18/2023 026046 COLTS LANDSCAPE INC 080323-0248 8/3/2023 COLTS - STREETSCAPES (SL 1,500.00 080323-0257 8/3/2023 COLTS - STREETSCAPES (SL 1,395.00
080323-0235 8/3/2023 COLTS - LANDSCP EAST (BA: 58,639.80 080323-0217 8/3/2023 COLTS - STREETSCAPES (8) 24,682.21 080323-0223 8/3/2023 COLTS - BCHS, ACCESS & Pl 17,885.95 071923-0901 7/19/2023 COL TS - STREETSCAPES (SL 650.00
080823-0241 8/8/2023 COLTS - BCHS, ACCESS & Pl 3,530.00 080823-0223 8/8/2023 COLTS - BCHS, ACCESS & Pl 644.00
080823-0237 8/8/2023 COLTS - BCHS, ACCESS & Pl 644.00
080823-0218 8/8/2023 COLTS - LANDSCP EAST (SU 1,800.00
071923-0908 7/19/2023 COLTS - STREETSCAPES (SL 450.00
071923-0949 7/19/2023 COLTS - LANDSCP EAST (SU 750.00
071923-0917 7/19/2023 COLTS - LANDSCP EAST (SU 500.00
071923-0922 7/19/2023 COLTS - BCHS, ACCESS & Pl 644.00
071923-0953 7/19/2023 COLTS - BCHS, ACCESS & Pl 250.00
071923-0938 7/19/2023 COLTS - BCHS, ACCESS & Pl 644.00 114,608.96 Page: 2 ~
4 apChklst Final Check List Page: 3
08/16/2023 2:07:23PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check # Date Vendor Invoice Inv Date Description Amount Paid Check Total 590623 8/18/2023 001394 COOK PGA GOLF SHOP INC, 081423 8/14/2023 08/07 /23 - 08/13/23 WEEKLY F 25,863.37 25,863.37 590624 8/18/2023 015084 CORE & MAIN LP T047730 7/25/2023 4 1/4" RUBBER 1,082.40 1,082.40 590625 8/18/2023 012337 COVER RIGHT ROOFING B23-1354 6/16/2023 WMP FEE REFUND 250.00 250.00 590626 8/18/2023 006090 COX COMMUNICATIONS 501760104875m 81112023 A/C 501 7601 048750601 248.72 048750601 8/1/2023 A/C 001 7601 048750601 119.36 368.08 590627 8/18/2023 006090 COX COMMUNICATIONS 060930701 7/29/2023 LANDLINE PHONE SERVICE!: 32.74 057644801 7/27/2023 LANDLINE PHONE SERVICE!: 70.84 103.58 590628 8/18/2023 001514 CSMFO CALIF SOC. OF FINAt200017561 8/7/2023 OC CHAPTER MEETING - R. I 45.00 45.00 590629 8/18/2023 000168 CWEA-TCP 64644 8/2/2023 MEMBERSHIP RENEWAL - S. 221.00 221.00 590630 8/18/2023 00264 7 DENAULT'S HARDWARE, INC518757 8/1/2023 HARDWARE & MAINT SUPPL 10.70 518760 8/1/2023 HARDWARE & MAINT SUPPL 17.41
518778 8/2/2023 HARDWARE & MAINT SUPPL 28.06
518683 7/27/2023 HARDWARE & MAINT SUPPL 5.80
518719 7/29/2023 HARDWARE & MAINT SUPPL 43.98
518657 7/26/2023 HARDWARE & MAINT SUPPL 31.00
518749 8/1/2023 HARDWARE & MAINT SUPPL 29.35
518794 8/3/2023 HARDWARE & MAINT SUPPL 19.38
518806 8/3/2023 HARDWARE & MAINT SUPPL 25.19
518807 8/3/2023 HARDWARE & MAINT SUPPL 94.17
518793 8/3/2023 HARDWARE & MAINT SUPPL 11 .62
518857 8/7/2023 HARDWARE & MAINT SUPPL 54.66
518877 8/8/2023 HARDWARE & MAINT SUPPL 48.95
518887 8/9/2023 HARDWARE & MAINT SUPPL 26.65
518910 8/9/2023 HARDWARE & MAINT SUPPL 6.78
518911 8/9/2023 HARDWARE & MAINT SUPPL 27.97
518875 8/8/2023 HARDWARE & MAINT SUPPL 25.53
518730 7/31/2023 HARDWARE & MAINT SUPPL 39.72 546.92
590631 8/18/2023 0324 75 DMC ENGINEERING 06-23-035 7/31/2023 ENG22-094, 149 CABALLERO 615.40 06-23-038 7/31/2023 ENG22-383, 27000 PASEO AC 3,292.90
06-23-037 7/31/2023 ENG22-373, 104 PASEO DEL, 307.70
06-23-039 7/31/2023 ENG23-125, 1200 VISTA CANl 1,618.40 06-23-036 7/31/2023 ENG22-286, 244 LA RAMBLA 1,116.05
06-23-034 7/31/2023 ENG21-258, 259 W MARQUIT1 1,360.00
06-23-033 7/31/2023 ENG21-179, 259 W MARQUIT1 1,360.00 9,670.45 Page:3
5 apChkLst Final Check List Page: 4
08/16/2023 2:07:23PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590632 8/18/2023 004177 E STEWART & ASSOC INC 8361S 8/2/2023 WEED ABATEMENT CONTRA 13,742.90 8343S 7/24/2023 CLEANING AND REMOVAL 2,222.50
8358S 8/1/2023 CLEANING AND REMOVAL 3,760.00 19,725.40
590633 8/18/2023 023219 EVANTEC CORPORATION 202301760 7/24/2023 SUPPLIES 272.67 202301834 8/3/2023 SUPPLIES 109.89 382.56
590634 8/18/2023 012157 FERGUSON WATERWORKS 2798255 8/1/2023 CUSTOMER #847552, 878902 683.69 683.69 590635 8/18/2023 035658 FLETCHER & ALEXIS GALES "823-1735 7/5/2023 REFUND OF WMP FEE 250.00 250.00 590636 8/18/2023 005230 FORESTRY SUPPLIERS, INC 432611-00 7/20/2023 SAFETY EQUIPMENT 659.08 432595-00 7/20/2023 SAFETY EQUIPMENT 104.31 763.39
590637 8/18/2023 035690 FRANCO NORAVIAN AND AS~IC23-059 8/1/2023 REFUND FOR WITH DRAWN 602.13 602.13 590638 8/18/2023 000993 GALLS, LLC 025232808 7/31/2023 SUPPLIES 93.18 025149116 7/24/2023 SUPPLIES 57.52
025208239 7/28/2023 SUPPLIES 122.25 272.95
590639 8/18/2023 029228 GFG INSTRUMENTATION INC INV-005644 8/9/2023 PARTS/ SUPPLIES 559.12 559.12 590640 8/18/2023 007371 GILLIBRAND COMPANY, INC.,222818 7/25/2023 DIVOT SAND 1,379.37 1,379.37 590641 8/18/2023 028683 GOLLNER SERVICES INC, JAl935647 8/7/2023 CUSTOMER REFUND - ALARI 40.00 40.00 590642 8/18/2023 004051 GOVERNMENT FINANCE OFF2345001 7/31/2023 MEMBERSHIP RENEWAL- RJ 595.00 595.00 590643 8/18/2023 001926 GRAINGER, INC, W.W. 9797104057 8/8/2023 HARDWARE/ EQUIPMENT 253.02 9796582378 8/8/2023 HARDWARE/ EQUIPMENT 115.27
9787284406 7/31/2023 HARDWARE/ EQUIPMENT 2,171 .86
9787284414 7/31/2023 HARDWARE/ EQUIPMENT 353.61
9789912129 8/1/2023 HARDWARE/ EQUIPMENT 27.42
9780391380 7/24/2023 HARDWARE/ EQUIPMENT 2,109.66 5,030.84 590644 8/18/2023 035348 GRAVITY TECHOLOGIES LLC GWX140-0003 8/1/2023 CLOUD SERVICE 75.00 75.00 590645 8/18/2023 032998 GREEN ZONE WASH WATERL001241 8/10/2023 MOBILE WASHING SERVICE~ 885.25 885.25 590646 8/18/2023 002311 HAAKER EQUIPMENT CO., IN,W1A4GW 7/25/2023 PARTS / HARDWARE 474.66 474.66 590647 8/18/2023- 001140 HACH COMPANY 13680710 8/1/2023 LAB SUPPLIES 3,904.86 13677360 7/28/2023 LAB SUPPLIES 1,017.97
13680736 8/1/2023 LAB SUPPLIES 305.85
13637222 6/28/2023 LAB SUPPLIES 542.00
13684474 8/3/2023 LAB SUPPLIES 349.53
13682452 8/1/2023 LAB SUPPLIES 276.92
13682503 8/1/2023 LAB SUPPLIES 1,023.64 7,420.77
590648 8/18/2023 004717 HDL COREN & CONE SIN030259 7/27/2023 CONTRACT SERVICES PROF 4,562.50 SIN030450 8/7/2023 ACFR STATISTICAL FY 2023 695.00 5,257.50 --
Page: 4
6 apChkLst Final Check List Page: 5
08/16/2023 2:07:23PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590649 8/18/2023 002045 HIRSCH PIPE & SUPPLY 9040820 8/1/2023 FACILITIES - MAINT. OF BUil 215.46 215.46 590650 8/18/2023 007033 IMPERIAL SPRINKLER SUPPL0012010376-001 7/31/2023 IRRIGATION SUPPLIES 124.44 0012079793-001 8/3/2023 IRRIGATION SUPPLIES 203.32
0011969434-003 8/3/2023 IRRIGATION SUPPLIES 1,046.82
0012077173-001 8/3/2023 IRRIGATION SUPPLIES 146.01
0011898544-001 7/24/2023 IRRIGATION SUPPLIES 164.14 1,684.73 590651 8/18/2023 028016 INCORD 0155643-IN 6/16/2023 ACTIVITY POOL SAFETY NEl 1,690.17 1,690.17 590652 8/18/2023 034508 JENNETTE COMPANY INC PPS 7/1/2023 WRP SODIUM HYPOCHLORr 4,203.32 4,203.32 590653 8/18/2023 006381 JTB SUPPLY COMPANY, INC 112285 7/31/2023 SIGNAL SUPPLIES 3,792.80 3,792.80 590654 8/18/2023 020138 KRIEGER ELECTRIC 32908 7/3/2023 NEW SIGN LIGHT FIXTURE It 450.00 3291 4 7/31/2023 N. BEACH CONCESSION STA 1,820.00
32912 7/15/2023 LIGHTING SERVICES 4,548.00 6,818.00
590655 8/18/2023 004134 LC PAVING & SEALING PP2 7/31/2023 CONSTRUCTION FOR PAVEi\ 167,936.97 167,936.97 590656 8/18/2023 019816 LGC GEOTECHNICAL INC 01-19567 6/30/2023 ENG22-434 GEOTECHNICAL I 916.25 01-19215 4/30/2023 ENG23-108 GEOTECHNICAL I 902.50
01-19216 4/30/2023 ENG23-104 GEOTECHNICAL I 992.50
01-19353 5/31/2023 ENG23-108 GEOTECHNICAL I 588.75
01-19351 5/31/2023 ENG23-132 GEOTECHNICAL I 1,085.00
01 -1 9352 5/31/2023 ENG23-053 GEOTECHNICAL I 787.50 5,272.50 590657 8/18/2023 005503 LITTLEPAGE LANDSCAPING 5365 7/25/2023 LANDSCAPE SERVICES AT G 1,700.00 1,700.00 590658 8/18/2023 017805 LOFTCRAFTERSINC 823-0985 5/23/2023 REFUND OF WMP FEE 250.00 B23-1071 5/23/2023 REFUND OF WMP FEE 500.00 750.00
Page: 5
7 apChklst Final Check List Page: 6
08/16/2023 2:07:23PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590659 8/18/2023 007564 LOWE'S COMPANIES, INC. 98062 7/25/2023 #0333392 SUPPLIES 39.88 25349 7/26/2023 #0333392 SUPPLIES 22.34
91192 8/1/2023 #0333392 SUPPLIES 201 .38
98673 8/3/2023 #0333392 SUPPLIES 65.32
98620 8/3/2023 #0333392 SUPPLIES 61 .35
95044 8/2/2023 #0333392 SUPPLIES 36.79
59798 8/1/2023 #0333392 SUPPLIES 167.47
95094 7/24/2023 #0333392 SUPPLIES 88.27
89883 7/31/2023 #0333392 SUPPLIES 59.23
92618 8/1/2023 #0333392 SUPPLIES 77.86
94772 8/2/2023 #0333392 SUPPLIES 190.97
25669 8/8/2023 #0333392 SUPPLIES 140.65
25056 8/1/2023 #0333392 SUPPLIES 14.32
96884 8/2/2023 #0333392 SUPPLIES 34.72 1,200.55
590660 8/18/2023 012772 MBF CONSULTING, INC. 1900-1756 8/1/2023 BLANKET PURCHASE ORDEf 540.00 540.00 590661 8/18/2023 003646 MCCALL'S METERS, INC. 35977 7/20/2023 ANNUAL TESTING OF LARGE 5,607.74 5,607.74 590662 8/18/2023 000502 MCMASTER-CARR SUPPLY C 11914278 8/1/2023 EQUIPMENT & TOOLS 22.55 11912701 8/1/2023 EQUIPMENT & TOOLS 73.19
11984909 8/2/2023 EQUIPMENT & TOOLS 39.03
11997617 8/2/2023 EQUIPMENT & TOOLS 1,225.31 1,360.08
590663 8/18/2023 015082 MILES CHEMICAL COMPANY 691594 7/22/2023 SUPPLY & DELIVERY OF FE~ 9,371.02 9,371.02 590664 8/18/2023 034370 MISSION PROTECTION SERV0005120 7/31/2023 SECURITY GUARD SERVICE: 1,422.00 1,422.00 590665 8/18/2023 004185 MUTUAL LIQUID GAS & EQUlf185085 8/1/2023 PROPANE 30.00 30.00 590666 8/18/2023 003762 NATIONAL CONST RENTALS, 7085978 7/24/2023 PORTABLE RESTROOMS DAI 9,489.60 7087197 7/24/2023 PORTABLE RESTROOMS DAI 6,948.68
7093706 7/27/2023 PORTABLE RESTROOMS DAI 11 ,605.81 28,044.09 590667 8/18/2023 025176 NICHOLS CONSULTING ENGl\790053004 8/1/2023 PAVEMENT MANAGEMENTS' 160.00 160.00 590668 8/18/2023 023015 NURSERY PRODUCTS LLC 39919 7/1/2023 TRANSPORT OF BIOSOLIDS 31 ,135.40 30909 7/1/2023 TRANSPORT OF BIOSOLIDS 28,267.53 59,402.93 590669 8/18/2023 020603 O'CONNELL ENGINEERING & PP22 8/9/2023 MONITORING SERVICES FOf 85,308.25 85,308.25 590673 8/18/2023 020253 O'REILLY AUTO PARTS 2676-280652 8/1/2023 PARTS 54.89 54.89 Page: 6
8 apChklst Final Check List Page: 7
08/16/2023 2:07:23PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590670 8/18/2023 001207 ODP BUSINESS SOLUTIONS 1324650179001 7/27/2023 OFFICE SUPPLIES A/C #8983 93.80 319950989002 7/14/2023 OFFICE SUPPLIES A/C #8983 15.07
323636653001 7/18/2023 OFFICE SUPPLIES A/C #8983 93.76
321316608001 7/19/2023 OFFICE SUPPLIES A/C #8983 111.32 324047208001 7/26/2023 OFFICE SUPPLIES A/C #8983 171.93 322807970001 7/20/2023 OFFICE SUPPLIES A/C #8983 261.38 317410275001 7/19/2023 OFFICE SUPPLIES A/C #8983 71.19
324361382001 7/26/2023 OFFICE SUPPLIES A/C #8983 59.91
323609131001 7/25/2023 OFFICE SUPPLIES A/C #8983 11.18
324569310001 7/26/2023 OFFICE SUPPLIES A/C #8983 328.68 320245742001 7/13/2023 OFFICE SUPPLIES A/C #8983 366.30 321445003001 7/13/2023 OFFICE SUPPLIES A/C #8983 295.45 321693752001 7/31/2023 OFFICE SUPPLIES A/C #8983 68.84
321687052001 7/29/2023 OFFICE SUPPLIES A/C #8983 26.38
324255790001 7/28/2023 OFFICE SUPPLIES A/C #8983 196.75 322096578001 7/27/2023 OFFICE SUPPLIES A/C #8983 199.29 323606737001 7/25/2023 OFFICE SUPPLIES A/C #8983 113.69 319950994001 7/1/2023 OFFICE SUPPLIES A/C #8983 17.23
319950989001 7/3/2023 OFFICE SUPPLIES A/C #8983 412.94
319938730001 7/3/2023 OFFICE SUPPLIES A/C #8983 3.16
322533426001 7/12/2023 OFFICE SUPPLIES A/C #8983 406.58 322544251001 7/12/2023 OFFICE SUPPLIES A/C #8983 77.54 3,402.37 590671 8/18/2023 025959 OMNI ENTERPRISE INC CSC0807 8/7/2023 JANITORIAL SERVICES 4,500.00 4,500.00 590672 8/18/2023 001086 ORANGE COUNTY TREAS/TA:JUL23 7/31/2023 SURCHARGES FOR PARKIN( 7,663.00 SH65965 8/2/2023 AFIS USER FEES 2,300.00 9,963.00
590674 8/18/2023 033778 PASSPORT LABS INC INV-1040340 7/31/2023 MOBILE PAY FEES 3,071.69 3,071.69 590675 8/18/2023 016440 PIONEER AMERICAS LLC 107900304756 7/31 /2023 SUPPLY & DELIVERY OF SO[ 11,044.15 900298367 7/18/2023 SUPPLY & DELIVERY OF SO[ 10,999.68 22,043.83 590676 8/18/2023 019735 PLAYPOWER LT FARMINGTOl1400273355 7/31/2023 EQUIPMENT/ HARDWARE 1,018.69 1,018.69 590677 8/18/2023 008613 POLYDYNE, INC 1762127 8/9/2023 SUPPLY & DELIVERY OF POL 18,950.21 1754500 7/12/2023 SUPPLY & DELIVERY OF POL 13,819.58
1753285 7/7/2023 SUPPLY & DELIVERY OF POL 13,382.55 46,152.34 590678 8/18/2023 033867 POPE, LISA MICHELLE 230731 7/31/2023 JUMAN AFFAIRS COMMITTEI 218.75 218.75 590679 8/18/2023 033634 PRIDESTAFF INC 301685898 7/30/2023 GOLF COURSE GROUNDS Kl 3,177.09 3,177.09 590680 8/18/2023 024076 PRIORITY LANDSCAPE SVCS 15224 7/20/2023 PRIORITY - LANDSCP WEST 495.00 495.00 Page:7
9 apChkLst Final Check List Page: 8
08/16/2023 2:07:23PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590681 8/18/2023 028771 PROFESSIONAL SPORTS FIE230731 7/31/2023 PSFM - INFIELDS & TRACK (E 42,311 .00 42,311.00 590682 8/18/2023 003616 PRUDENTIAL OVERALL SUPP132202835 8/1/2023 1372603/1273601 /1273604 UN 28.12 132201611 7/25/2023 RENTALAND CLEANING OF l 105.65
132201609 7/25/2023 RENTALAND CLEANING OF l 19.25
132201612 7/25/2023 RENTALAND CLEANING OF l 19.50
132204064 8/8/2023 1372603/1273601 /1273604 UN 32.94
132204079 8/8/2023 1372603/1273601 /1273604 UN 60.44
132202851 8/1/2023 RENTALAND CLEANING OF l 114.85
132202852 8/1/2023 RENTALAND CLEANING OF l 102.15
132202850 8/1/2023 RENTAL AND CLEANING OF l 19.25
132202853 8/1/2023 RENTAL AND CLEANING OF l 19.50
132201610 7/25/2023 RENTALAND CLEANING OF l 114.85
132204078 8/8/2023 1372603/1273601/1273604 UN 27.26 663.76 590683 8/18/2023 003944 QUICK CRETE PRODUCTS CC127944 8/7/2023 CARE PROGRAM BENCH 3,685.07 127945 8/7/2023 CARE PROGRAM BENCH 3,390.91 7,075.98
590684 8/18/2023 003033 RALPHS GROCERY CO 035784 8/1/2023 BPR A/C # E10007 50.84 109901 8/4/2023 BPR A/C # E10007 38.76
087215 8/3/2023 BPR A/C # E10007 197.99 287.59
590685 8/18/2023 034177 REAL ESTATE CONSULTING 17373 8/8/2023 REC&S - CITY TRAIL MAINT (: 512.50 512.50 590686 8/18/2023 0094 70 REBENSDORF, DAVID 838213 7/28/2023 LUNCHEON REIMBURSEMEI\ 100.00 100.00 590687 8/18/2023 000067 RINCON TRUCK CENTER INC 353968 7/31/2023 JUMP START 324.80 354239 7/31/2023 HOSE FITTINGS 116.00
354033 7/25/2023 PARTS 122.76 563.56
590688 8/18/2023 000207 ROD'S TREE SERVICE INC 120-139-23 8/4/2023 TREE WORK 1,905.00 120-138-23 8/2/2023 TREE WORK 1,900.00 3,805.00
590689 8/18/2023 025784 RUSSELL SIGLER INC INV-ORN23006i 7/25/2023 TOOLS/MATERIALS 326.04 326.04 590692 8/18/2023 007516 SAN CLEMENTE, CITY OF B23-1793 8/3/2023 620 AVENI DA DEL MAR 605.00 605.00 590693 8/18/2023 008656 SAN CLEMENTE, CITY OF 080323 8/3/2023 EMPLOYEETOURNAMENTG 660.00 660.00 590690 8/18/2023 035645 SAN CLEMENTE AUTO GALLERef002530510 7/26/2023 UB Refund Cst #085251 1,999.72 1,999.72 590691 8/18/2023 014307 SAN CLEMENTE TIMES LLC 15845 7/27/2023 LEGALS PUBLIC NOTICES 2,161 .33 2,161 .33 590694 8/18/2023 00117 4 SAN DIEGO GAS & ELECTRIC080923G 8/9/2023 0006191078453 DISTRIBUTIO 39,462.54 080123 8/1/2023 0008487494048 DISTRIBUTIO 21 ,819.88
080223 8/2/2023 0007041665671 DISTRIBUTIO 1,256.91
080323 8/3/2023 0027990887365 DISTRIBUTIO 968.90 63,508.23 590695 8/18/2023 030038 SECURITAS TECHNOLOGY c,3101088 7/25/2023 KEY FABS FOR CH 433.88 433.88 Page:8
1 0
apChklst Final Check List Page: 9
08/16/2023 2:07:23PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 590696 8/18/2023 008357 SIMPLOT TURF & HORTICUL1205084015A 9/22/2022 RE-WET 4,800.27 205084015B 9/22/2022 RE-WET 4,800.27 9,600.54
590697 8/18/2023 000912 SITEONE LANDSCAPE SUPPL 1323911789-001 7/17/2023 SPREADER FOR GRANULAR 580.54 132839726-001 7/26/2023 IRRIGATION PARTS 62.28 642.82
590698 8/18/2023 033633 SMASHVENT LLC 1040 8/3/2023 SC SOCIAL LASER TAG 705.00 705.00 590699 8/18/2023 002755 SOUTH COAST DISTRIBUTIN<302233 8/1/2023 SUPPLIES 470.71 470.71 590700 8/18/2023 035718 SOUTH COUNTY RESTORATl1B23-1311 7/14/2023 REFUND OF WMP FEE 250.00 250.00 590701 8/18/2023 003204 SOUTHERN CALIF GAS CO, lt080323 8/3/2023 09050726000 GAS SERVICES 15.78 15.78 590702 8/18/2023 001256 STEVEN ENTERPRISES, INC 0465065-IN 8/8/2023 OVERSIZED PRINTER SUPPL 864.17 864.17 590703 8/18/2023 034753 STORM WATER INSPECTION 67130 6/13/2023 STORM FILTER REPLC. -FOR 3,090.00 3,090.00 590704 8/18/2023 025058 STOTZ EQUIPMENT P90888 8/1/2023 BEDKNIFE 571 .37 P52433 4/13/2022 CREDIT FOR WRONG PARTS -140.55 P46323 11/15/2021 CREDIT FOR WRONG PARTS -170.27 P89466 6/13/2023 LAP COMPOUND 188.00 448.55
590705 8/18/2023 027249 SUMMIT ENVIRONMENTAL Gf2023-9 7/31/2023 CALIFORNIA STATE LANDS L 9,540.00 2023-10 7/31/2023 CONTRACT PLANNING SER\/ 1,980.00 11,520.00 590706 8/18/2023 032921 TICOR TITLE CO OF CALIFOfi00954188 7/28/2023 PRELIMINARY TITLE REPOR- 500.00 500.00 590707 8/18/2023 003511 TK ELEVATOR CORPORATlm3007413798 8/1/2023 TK- ELEVATOR SVC - BLDG 1 2,569.62 2,569.62 590708 8/18/2023 0287 40 TRABUCO CANYON WATER CAR-A00132 6/14/2023 PURCHASE, SALE & DELIVEF 159,930.78 159,930.78 590709 8/18/2023 000976 TURBO DATA, INC 40723 7/31/2023 CITATION PROCESSING FOR 1,894.09 40724 7/31/2023 ADMIN CITATION PROCESSlt 44.85 1,938.94 590710 8/18/2023 007027 TURF STAR, INC 7293754-00 8/7/2023 IRRIGATION PARTS 243.31 7292537-00 7/31/2023 IRRIGATION PARTS 783.24
7292376-00 7/31/2023 IRRIGATION PARTS 441 .68 1,468.23
590711 8/18/2023 029845 UNITED BLDG & DEVELPMT ::1361 8/6/2023 REPLACE PLEXIGLASS 410.00 1363 8/6/2023 INSTALL WINDOW 3,140.00
1362 8/6/2023 SECURE FURNITURE 869.00 4,419.00
590712 8/18/2023 016803 UNITED VOLLEYBALL SUPPL'265420 8/1/2023 ADDITIONAL VOLLEYBALL C< 4,562.16 4,562.16 590713 8/18/2023 001190 USA BLUE BOOK I NV00081045 7/24/2023 SUPPLIES 505.16 505.16 590714 8/18/2023 034362 USPS 080323 8/3/2023 POSTAGE REFILLS FOR FY .2 3,000.00 3,000.00 590715 8/18/2023 013109 VERIZON 9940497074 7/25/2023 MOBILE CELLULAR AND DAT. 987.77 9940497073 7/25/2023 MOBILE CELLULAR AND DAT. 8,783.23 9,771.00 590716 8/18/2023 00337 4 VULCAN MATERIALS COMPAt73715040 7/21/2023 PAVING MATERIALS 2,290.24 2,290.24 590717 8/18/2023 002324 WALTERS WHOLESALE ELECS123605990.00~ 8/4/2023 MISC PARTS 337.31 337.31 590718 8/18/2023 031058 WARWICK GROUP CONSULT123-220-7 8/1/2023 LOBBYING SERVICES/SAND 5,000.00 5,000.00 Page: 9
1 1
apChkLst
08/16/2023 2:07:23PM
Final Check List

SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check # Date Vendor Invoice Inv Date Descriotion
590719 8/18/2023 020106
590720 8/18/2023 003356
590721 8/18/2023 008174
590722 8/18/2023 000012
590723 8/18/2023 01 1451
590724 8/18/2023 027059
------
WASTE MANAGEMENT 0057066-2510-9 8/1/2023 CUST #8-22128-45006 WATERLINE TECHNOLOGIES5616877 1/12/2023 CREDIT FOR RETURN OF CC 5643150 7/21/2023 DELIVERY OF SODIUM HYPE
5643152 7/21/2023 DELIVERY OF SODIUM HYPE
5643151 7/21/2023 DELIVERY OF SODIUM HYPE
WEST COAST SAND & GRAVE636367 7/25/2023 SCREENED FILL SAND WILLDAN FINANCIAL SERVICl010-55715 6/30/2023 CFD99-1 APRIL- JUNE 2023 010-55716 6/30/2023 RAD 2016-1 APRIL- JUNE 20~
XYLEM DEWATERING SOLUT 800048602 10/14/2020 CREDIT FOR PARTS/SUPPLIE 401261864 6/28/2023 PN 28206 SAN CLEMENTE Sl
ZAPP PEST MANAGEMENT 19449 7/28/2023 PEST CONTROL SERVICE 19380 7/28/2023 PEST CONTROL SERVICE
Amount Paid
578.69
-301 .69
513.97
1,531.62
1,881 .12
1,206.07
437.50
375.00
-624.95
8,836.53
130.00
105.00
Sub total for BANK OF THE WEST:

Page: 10
Check Total
578.69
3,625.02
1,206.07
812.50
8,21 1.58
235.00
1,394,817.27
Page: 10
1 2
apChklst
08/16/2023 2:07:23PM
132 checks in this report.

Final Check List

SAN CLEMENTE
Page: 11
Grand Total All Checks: 1,394,817.27
Page: 11
1 3
apChkLst
08/17/2023 2:25:29PM
Bank : citv BANK OF THE WEST
Final Check List

SAN CLEMENTE
Check # Date Vendor _ln_v_o_ic_e __ _ Inv Date Descriotion Amount Paid 590725 8/18/2023 034509 3SIXTY INNOVATION INC PP6 6/29/2023 CONSTRUCTION FOR THE s· 76,635.28 Sub total for BANK OF THE WEST:

Page: 1
Check Total
76,635.28
76,635.28
Page: 1
1 4
apChkLst
08/17/2023 2:25:29PM
1 checks in this report.

Final Check List

SAN CLEMENTE
Page: 2
Grand Total All Checks: 76,635.28
Page: 2
1 5
City of San Clemente
Summary of Large Dollar Warrants
Wire# Date Vendor/Payee
2905 8/18/2023 CalPERS
Check# Date Vendor/Payee
590622 8/18/20223 Colts Landscapte
590655 8/18/2023 LC Paving & Sealing
590708 8/18/2023 Trabuco Canyon Water District
Purpose
PERS Contributions for Misc Plan (PPE 08/04/2023)
Purpose
Landscape maintenance for various locations/areas
Construction for Pavement Rehab at Reserviors 4, 5, SA
Purchase, Sale and Delivery of Water
Amount
100,059.45
Amount
114,608.96
167,936.97
159,930.78
ORDINANCE NO. 1755

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

10.04.010(B)(1) OF THE SAN CLEMENTE MUNICIPAL

CODE RELATING TO THE DEFINITION OF
“COMMERCIAL VEHICLE” 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, the City Council desires to reduce restrictions on the parking of commercial vehicles in response to public comments received during multiple public meetings; and
WHEREAS, at its meeting of July 18, 2023, the City Council held a duly-noticed public hearing to consider the City’s existing code pertaining to commercial, recreational, and wide vehicle parking, including various definitions for such, and continued the public hearing to August 15, 2023; and
WHEREAS, modifying the definition of “commercial vehicle” in the San Clemente Municipal Code is in the best interests of the City and the public; 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 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(a).) The language merely modifies existing restrictions and prohibitions, absent an applicable exception, regarding the parking of commercial vehicles on public property.

The City Council also finds that the 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, absent an applicable exception, regarding the parking of commercial 1 Agenda Item: 7D
Ordinance No. 1755 Page 2
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 definition of “Commercial vehicle” is hereby revised in Section 10.04.010(B)(1) – Definitions, of the San Clemente Municipal Code, to read as follows (underlined text indicates portion to be added):

1. "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, with the exception of ladders that do not extend beyond the horizontal limits of the vehicle, stored thereon.

Section 4. 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 5. 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.

Section 6. 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 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this ____ day of _______________, 2023. 2 Ordinance No. 1755 Page 3
ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby
certify that Ordinance No. 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
3 ORDINANCE NO. 1758

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING SECTION 2.29.015 OF THE MUNICIPAL

CODE OF THE CITY OF SAN CLEMENTE

REGARDING THE COASTAL ADVISORY
COMMITTEE’S MISSION STATEMENT
WHEREAS, on July 18, 2023, the San Clemente City Council adopted Ordinance No. 1753, which created a Coastal Advisory Committee; and WHEREAS, the City Council has determined that the mission statement of the newly formed Coastal Advisory Committee should be modified.

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

Section 1: Section 2.42.010 of the San Clemente Municipal Code, relating to the Coastal Advisory Committee, is hereby modified to read in its entirety as set forth in Exhibit A attached hereto (underlines reflect additions and strikeouts reflect deletions).

Section 2: 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 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 3. The revision to Code Chapter 2.29 as set forth in Exhibit A of this Ordinance shall become effective on October 5, 2023.

Section 4. 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.
1 Agenda Item: 7E
Ordinance No. 1758 Page 2
APPROVED AND ADOPTED this _____day of _________________, ________.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1758, 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 _____________, _______. This ordinance has been published pursuant to law and 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
2 Ordinance No. 1758 Page 3

EXHIBIT A

2.29.015 - Mission
The Coastal Advisory Committee exists to address coastal concerns on San Clemente Beaches with its primary mission being sand replenishment and retention. The Coastal Advisory Committee will seek to further the enhancement and enjoyment of San Clemente Beaches through preservation and restoration through beach nourishment and retention, to preserve, enhance, and where necessary, restore the quality of the coastal water resources and ensure proper and efficient use of the beaches, surf zone and coastal area for the benefit of present and future generations. The Committee shall strive to raise public awareness in promoting a positive environmental stewardship for the greater good of the San Clemente area.

The Committee shall advise the City Council by making recommendations on policy, programs and regulations related to the City's coastal environment and resources.

Additionally, the Committee shall work to raise public awareness and promote a shared environmental vision by facilitating partnerships between State and local departments, community groups and businesses. In carrying out its mission the Committee shall promote forward-looking solutions regarding coastal resource issues including, but not limited to, air and water quality, pollution prevention, beach and coastal zone preservation, stewardship, solid waste reduction/recycling and sustainability. 3 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 5, 2023 Agenda Item: 7F
Department: Beaches, Parks and Recreation
Prepared By Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONTRACT FOR PRINTING

SERVICES FOR THE QUARTERLY CITY RECREATION MAGAZINE TO WESTAMERICA COMMUNICATIONS, INC. AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TWOYEAR ..body CONTRACT NOT TO EXCEED $120,304 PER YEAR Fiscal Impact:

Printing services would total $114,576 annually, with a 5% contingency of $5,728 in the event that the cost of paper increases. Funding for this expense is included in the adopted FY 2023-24 budget.

Summary:

The Recreation Division provides a quarterly magazine featuring upcoming classes, programs, and community events. The magazine is mailed to all residents in San Clemente and is available at all City facilities. A digital version is also posted online. Since the current printing contract expired in December 2022, the magazine has been printed on a per-occurrence basis with the previous contractor, Advanced Web Offset (which was purchased by Advantage ColorGraphics).

A Request for Proposals (RFP) was issued, including release to local companies. Based on the proposals received, the interview process, and the quality of the printing services, staff recommends a professional services contract be awarded to WestAmerica Communications, Inc., which is based in Lake Forest.

Background:

The San Clemente Magazine is a valued source of information for residents. As such, recent data from the Beaches, Parks, and Recreation Master Plan demonstrated that 74% of San Clemente residents receive their recreation information through the Magazine.

The Beaches, Parks and Recreation Department released an RFP for the printing of the magazine in Spring 2023. The RFP requested pricing for the fall/winter/spring magazines at 44 pages and pricing for the summer magazine at 52 pages. Four qualified proposals were received and interviews were held with each company. Below is the matrix of proposed costs by company:

COMPANY FALL/WINTER/
SPRING

SUMMER MAIL PREP TOTAL
Advantage
ColorGraphics
$16,231.31/issue $16,231.45 $3,950.76 $68,876.14
WestAmerica
Communications
$26,433.33/issue $31,756.00 $3,520.00 $114,576.00
1 Meeting Date: September 5, 2023 Agenda Item: 7F

CITY OF SAN CLEMENTE
Jenson Printing $24,942.00/issue $30,461.00 $14,204.00 $119,491.00 Minuteman Press
– San Clemente
$91,698.00/issue $110,541.00 $6,870.00 $392,505.00
While the current contractor, Advantage ColorGraphics, is the lowest bid, staff recommends awarding the contract to WestAmerica Communications based on the production quality related to advanced technology and its in-house mailing services. Since this is not a public works contract, the contract is not required by law to be awarded to the lowest responsive and responsible bidder.

Since 2018, the annual cost of printing has been approximately $45,452. However, with industrywide increases in paper costs over the last several years and recurring changes in postal rates, the costs for printing services have increased significantly. Additionally, since the 2018 contract award, the City’s current contractor, Advanced Web Offset, was purchased by Advantage ColorGraphics, and the service level and quality have changed.

The proposed contract (Attachment 1) is for two years and includes an annual cost of $114,576 with a 5% contingency of $5,728. The contingency has been added due to market conditions related to paper prices. The quote submitted by WestAmerica included pricing based on current prices. Paper pricing is subject to adjustment and availability at the time the paper stock is shipped from the mill.

Of the proposals received, there was one from a local vendor (Minuteman Press – San Clemente). However, due to the significant price difference ($277,929 higher and over the authorized maximum local preference amount), staff is not recommending that vendor.

Council Options:
 Adopt Resolution No. 23-90, which would award a professional services contract to WestAmerica Communications, Inc. for printing services for the quarterly recreation magazine and authorize the City Manager to execute a two-year agreement in an amount not to exceed $114,576, plus a 5% contingency of $5,728, per year, for a total not to exceed contract amount of $120,304 annually.
 Modify and adopt Resolution No. 23-90.
 Continue the item with direction to staff to provide additional information.  Do not award the contract for printing services and discontinue the recreation magazine.

Environmental Review/Analysis:

Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The approval of this contract has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:

Staff Recommendation ..recommendation
2 Meeting Date: September 5, 2023 Agenda Item: 7F

CITY OF SAN CLEMENTE
Staff recommends that the City Council, adopt Resolution No. 23-90, which will:

1. Award a professional services contract to WestAmerica Communications, Inc. for printing services for the quarterly recreation magazine; and

2. Authorize the City Manager to execute Contract No. C23-48 (Attachment 1) with WestAmerica Communications, Inc. for a term of two (2) years in an amount not to exceed $114,576, plus a 5% contingency of $5,728, per year, for a total not to exceed contract amount of $120,304 annually.
..end
Attachment:

1. Professional Services Contract – WestAmerica Communications

2. Resolution No. 23-90
Notification:

All bidders.
3 ATTACHMENT 1

CITY OF SAN CLEMENTE
PROFESSIONAL SERVICES AGREEMENT – PRINTING SERVICES

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2023, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and WestAmerica Communications, Inc., a California corporation, with its principal place of business at 20612 Atlantic Ocean Drive, Lake Forest, CA 92630 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain professional printing and mailing services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing professional printing and mailing services to public clients, is licensed in the State of California, if applicable, and is familiar with the plans of City.

2.2 Project.

City desires to engage Contractor to render such professional printing and mailing services for the printing of the San Clemente Magazine, the City’s quarterly magazine, ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from August 15, 2023, to August 14, 2025, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Contractor.

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

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on 4 2
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behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

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

3.2.3 Endorsement on PS&E/ Other Data. Contractor shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Contractor, and where appropriate will indicate Contractor’s authorized signature and professional registration number.

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

3.2.5 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. The key personnel for the performance of this Agreement are as follows: Dan Ryan – Account Representative.

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

3.2.7 Contractor's Representative. Contractor hereby designates Dan Ryan, or his/her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative 5 3
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shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors and other staff at all reasonable times.

3.2.9 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

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

3.2.10 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

3.2.12 Insurance. Contractor agrees to procure and maintain, at Contractor’s 6 4
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expense all insurance specified in Exhibit “C” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the prices set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Fourteen Thousand Five Hundred Seventy-Six Dollars ($114,576) per year without prior written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. Such authorized Extra Work shall not exceed the fivepercent (5%) project contingency of Five Thousand Seven Hundred Twenty-Eight Dollars ($5,728) annually. Accordingly, total payments under this Agreement, including for authorized Extra Work, shall not exceed One Hundred Twenty Thousand Three Hundred Four Dollars ($120,304) per year.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Contractor. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

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

3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

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

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from the City.

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

3.3.6 Labor Code Requirements.

3.3.6.1 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, 7 5
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classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

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

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

Contractor: WestAmerica Communications, Inc.
20612 Atlantic Ocean Drive
Lake Forest, CA 92630
ATTN: Dan Ryan
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Samantha Wylie
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Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first-class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data.

Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.5.3.3 Confidential Information. The City shall refrain from releasing Contractor’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Contractor of its intention to release Proprietary Information.

Contractor shall have five (5) working days after receipt of the Release Notice to give City written notice of Contractor's objection to the City's release of Proprietary Information. Contractor shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Contractor fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, 9 7
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appropriate or convenient to attain the purposes of this Agreement.

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, Contractors or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

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

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

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

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

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

3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
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3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

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

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

3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed electronically and in counterparts, each of which shall constitute an original or all purposes.

3.6 Subcontracting.

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

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST:
______________________________ Dated: _______________________, 2023 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

West America Communications, Inc.
(“CONTRACTOR”)
By:_____________________________
Douglas Grant, CEO
Dated: __________________, 2023
By:_____________________________
Cathy Milota, Secretary
Dated: __________________, 2023
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EXHIBIT "A"

SCOPE OF SERVICES
A. Intent and Term: The intent of this proposal is to establish a supplier and price for which the San Clemente Magazine will be printed. The period of this contract covers September 2023 through August 2025 (a total of twelve (12) issues: spring 2018 through winter 2020).

B. Scope of Work: The Contractor shall furnish all equipment, labor, and materials necessary to produce the San Clemente Magazine. This will include reproduction and delivery of the final product to the Post Office in the correct manner for business/pre-sorted mailing. The City shall retain creative control of the document. The total price should include all reasonable and ordinary charges and corrections at the dummy, back-to-back and folded final stages.

C. Production Schedule: The contractor shall provide the San Clemente Magazine printing within a scheduled two-week period from receiving final copy from the City. City must receive a dummy, back-to-back and folded final version (“hard copy”) of each edition and have an opportunity to submit changes before the final product is printed. The final version must be delivered to the City of San Clemente Recreation Division located at 100 N. Calle Seville, San Clemente, CA 92672 with attention to the Recreation Manager for final approval.

D. Delivery:

1. Failure to deliver the finished product in an acceptable form within the required time frames will result in a $100/day deduction from quarterly payment provided that the delay is not caused by the City, or cancellation of the contract, should the delays persist.

2. Delivery of the printed San Clemente Magazine is to be made with at least 4,000 delivered to the San Clemente Community Center, and approximately 11,486 being delivered to the San Clemente Branch of the United States Post Office at 520 E. Avenida Pico, San Clemente, CA 92674. The second delivery of approximately 17,014 magazines will be taken to the Rancho San Clemente Post Office Branch at 905 Calle Negocio, San Clemente, CA 92673. The remaining magazines will be delivered to the San Clemente Community Center at 100 N. Calle Seville, San Clemente, CA 92672. All must be bundled/labeled according to current U.S. Postal Service regulations for presorted standard delivery, or as directed by the City’s designated representative.

3. Postal delivery shall be made according to the Carrier Route Information System List updated on a quarterly basis by the Post Office and follow the correct Presort Standard Mail guidelines for sorting by carrier routes.

E. Quantity: 33,000 finished copies containing 44 pages for Fall, Winter, Spring, including front and back covers. 36,000 finished copies, 52 pages for Summer, including front and back covers.

F. Other Charges: Include any additional charges (i.e. for final version). Sales tax (Orange County) is to be added for only those copies NOT delivered to the Post Office for distribution.

G. Project Team: The City team will consist of Recreation Manager Samantha Thomas and Recreation Coordinator Melissa Muraira.
14 12
55452.01100\31193624.5
H. Payment Schedule: The Contractor shall provide an invoice to the Recreation Division within seven (7) days of product delivery. The City agrees to pay the Contractor with net terms of 30 days.

I. Format: A minimum of 8" x 10" booklet format brochure on 60-pound white offset sheet fed paper. Saddle stitch binding - folded, stitched and trimmed. City may work with Contractor periodically to refine the paper selection to produce best quality within pricing of this contract.

1. Cover: 80-pound gloss book

2. Ink Colors: 4 color cover and 4 color process on the inside copy.

3. Artwork: PDF via File Transfer Protocol (FTP) software or other standard as required by the Contractor.
15 13
55452.01100\31193624.5
EXHIBIT "B"

SCHEDULE OF SERVICES
Magazine Issue Delivered to United States Post Office___ Winter 2023/2024 Magazine November 9, 2023
Spring 2024 Magazine February 8, 2024
Summer 2024 Magazine April 18, 2024
Fall 2024 Magazine July 25, 2024
Winter 2024 Magazine November 7, 2024
Subsequent years will be determined by the City Beaches, Parks & Recreation Department and delivered to Contractor before December 15th of each year covered in the terms of this Agreement. 16 55452.01100\31193624.5
EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Contractor, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

3.2.12.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
17 55452.01100\31193624.5
(A) Commercial General Liability:
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

3.2.12.4 Professional Liability (Errors & Omissions):
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must “pay on behalf of” the insured and include a provision establishing the insurer’s duty to defend.

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
18 55452.01100\31193624.5

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

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

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

3.2.12.14 Insurance for Subcontractors. Contractor shall include all subcontractors engaged in any work for Contractor relating to this Agreement as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Contractor’s subcontractors performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and 19 55452.01100\31193624.5
volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Contractor shall not allow any subcontractor to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subcontractor’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
20 55452.01100\31193624.5
EXHIBIT “D”

COMPENSATION
As total compensation for Services provided under this Agreement, City shall pay Contractor as follows:

Pricing Per Issue
Yield 33,000 finished copies of 44 page issue including 4/4 color cover times three (Fall, Winter, Spring)
$79,300.00
Yield 36,000 finished copies of 52 page issue including 4/4 color cover (Summer)
$31,756.00
Mail preparation $3,520.00
Yearly Total: $114,576.00
Optional Additional Charges
Additional 4 more pages (52 pages + 4) $1,833.00
Changes per page on final version $25.00
4-page Glossy Insert $2,910.00
Add 1,000 copies to the print run – Fall, Winter, Spring $841.00 Add 1,000 copies to the print run – Summer $5,609.00
*Sales tax will be added to copies delivered to the City office only.

The amounts above are inclusive of all labor, materials and reimbursable expenses.

Notwithstanding the foregoing, the 5% contingency of $5,728 per year may be called upon by the Contractor on written request to the City to approve an increase in the above prices on account of an increase in the cost of paper beyond the Contractor’s reasonable control. Such increase, if any, shall in no event exceed the contingency, and shall be approved in writing in advance in accordance with the Extra Work provisions of the Agreement. If the increases in the cost of paper exceed the contingency, Contractor shall be responsible for such additional costs. 21 55452.01100\31193624.5
WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
22 □
n
55452.01100\31193624.5
Dated: ________________________, 20____
________________________________
(“CONTRACTOR”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
23 ATTACHMENT 2
RESOLUTION NO. 23-90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A CONTRACT
TO WESTAMERICA COMMUNICATIONS, INC. FOR

PRINTING SERVICES FOR THE CITY MAGAZINE AND

AUTHORIZING THE CITY MANAGER TO ENTER INTO A

TWO-YEAR AGREEMENT IN AN AMOUNT NOT TO EXCEED
$120,304 PER YEAR
WHEREAS, the City seeks to promote its recreation programming and events to its residents and visitors through the quarterly magazine, San Clemente Magazine; and WHEREAS, the San Clemente Magazine is published and produced quarterly by the Beaches, Parks & Recreation Department and distributed to all residences within the City boundary; and
WHEREAS, the City issued a request for proposals and on June 5, 2023, the City received four bids ranging from $68,876 to $392,505 for professional printing services of the San Clemente Magazine; and
WHEREAS, WestAmerica Communications, Inc.’s proposal with a base bid amount of $114,576 will best serve the City’s needs based on the production quality of the printing services, in-house mailing services, and costs. WestAmerica Communications, Inc. is the most qualified to perform the professional services required by the City and its prices are fair and reasonable.

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

Section 1. That the above recitations are true and correct and incorporated herein.

Section 2. That Bid BPR-05-2023 for the contract for professional printing services for the City’s quarterly magazine is awarded to WestAmerica Communications, Inc.

Section 3. That the City Manager is authorized and directed to execute a two-year professional services agreement with WestAmerica Communications for the printing of the San Clemente Magazine, in an amount not to exceed $114,576 annually, with a contingency of five-percent (5%) in an amount of $5,728 annually, for a total annual not to exceed amount of $120, 304 in a form substantially similar to that presented to City Council on August 15, 2023.

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 ____________________, _______. 24 Resolution No. 23-90 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-90 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
25 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 5, 2023 Agenda Item: 7G
Department: City Manager
Prepared By Leslea Meyerhoff, Consulting Coastal Administrator Subject:

PARTICIPATION IN SANDAG REGIONAL BEACH SAND PROJECT III Fiscal Impact:

Yes. Approval of this request is anticipated to result in cost sharing in the SANDAG Regional Beach Sand Project (RBSP) III Phase 1 activities and supports implementation of a high priority coastal resiliency goals of developing a citywide comprehensive beach restoration program.

Once the cost sharing amount is determined, staff will return to City Council with a request for authorization to enter into a memorandum of understanding with SANDAG and a funding appropriation.

Summary:

Staff recommends that the City Council authorize the submittal of a letter to SANDAG requesting that the City of San Clemente, as a member City in the Oceanside Littoral Cell, be provided the opportunity to participate in the Phase I planning tasks of the RBSP III. The project will be initiated in late 2023 to support continued San Clemente Coastal Resiliency Plan implementation goal of a citywide comprehensive beach restoration program.

Background:

The San Diego Association of Governments (SANDAG) is the Metropolitan Planning Organization (MPO) for the San Diego region and plays a key role in the coordination of a variety of regional projects. The San Diego region has 19 jurisdictions, 10 of which are in the coastal zone and collectively manage approximately 70 miles of coastline. Of the 10 coastal cities, six (Oceanside, Carlsbad, Encinitas, Solana Beach, Del Mar and a portion of San Diego) are located in the Oceanside Littoral Cell.

A “littoral cell” is a distinct area of the coastline where sand enters the ocean, flows down the coast, and then is removed from the system, usually via a submarine canyon. Therefore, the littoral cell and its sand or sediment budget are essential planning tools for regional coastal resiliency planning and shoreline management.

San Clemente is located within the Oceanside Littoral Cell along with 6 other neighboring cities to the south and the City of Dana Point and the County of Orange to the north. As such, from a regional coastal planning standpoint, there are significant advantages to be gained by regional collaboration and coordination to develop beach restoration projects benefitting all cities within the Oceanside Littoral Cell.
1 Meeting Date: September 5, 2023 Agenda Item: 7G

CITY OF SAN CLEMENTE
SANDAG has an established Shoreline Preservation Working Group (SPWG) whose mission is to implement beach replenishment projects, conduct regional shoreline monitoring and advise on issues related to the adopted SANDAG Shoreline Preservation Strategy and companion SANDAG Sand Retention Strategy. SPWG members include elected officials from the coastal cities, tribal representatives, representatives from community groups, property owners, nongovernmental organizations, state and federal agencies including military representatives, and UCSD / Scripps Institution of Oceanography.

In 2001, SANDAG implemented its first Regional Beach Sand Project (RBSP I) which delivered nearly 2 million cubic yards of sand to beaches in San Diego County. In 2012, SANDAG implemented a second RBSP (RBSP II) which placed nearly 1.5 million cubic yards of sand in the region. Collectively, those two projects added approximately 3.5 million cubic yards of sand to the beaches in San Diego County. The SANDAG Shoreline Preservation Strategy identified a regional need for approximately 30 million cubic yards of sand to address existing and future public beach restoration needs indicating a need to scale up both in terms of frequency and size to meet regional coastal resiliency goals.

In late 2022, SANDAG initiated efforts to begin the planning process for a third RBSP (e.g., RBSP III) and asked all coastal jurisdictions to explore their interest in participating in RBSP III and advise SANDAG accordingly. Interested jurisdictions have been asked to enter into a Memorandum of Understanding (MOU) with SANDAG to support the initial planning phase of RBSP III.

The purpose of this Staff Report is to request City Council approval to send SANDAG a letter expressing the City’s interest in regional coastal resiliency collaboration within the Oceanside Littoral Cell and specifically request to participate in the planning tasks (Phase I) of the RBSP III.

Discussion:

The overall objectives of RBSP III are to (1) identify beach erosion areas that may impact critical public infrastructure; (2) evaluate the economic costs and benefits of implementing another RBSP and explore alternatives including sand retention components to optimize the performance of beach nourishment projects by retaining added sand in place longer; (3) complete a feasibility study for a future regional beach nourishment project and alternatives; and (4) create a plan for surveying offshore sand borrow sites to ensure adequate quantities of sand are available to continue to nourish the region’s beaches.

SANDAG proposes to conduct a Phase 1 feasibility study for RBSP III that would use information from SANDAG’s Round 1 SB 1 Caltrans Adaptation Planning Grant effort to identify transportation and other critical public infrastructure and facilities that will be impacted by sealevel rise and may benefit from beach nourishment. Implementation of a regional beach sand project would involve dredging beach quality sand from offshore borrow sites and placing it on highly eroded beaches.

Beach nourishment is a key sea-level rise adaptation strategy being utilized by San Clemente and several other cities in the region who have updated their Local Coastal Programs to align with the California Coastal Commission’s Guidance on sea-level rise that promotes beach sand replenishment as a preferred “soft” or green coastal resiliency solution. Wide beaches can help 2 Meeting Date: September 5, 2023 Agenda Item: 7G

CITY OF SAN CLEMENTE
protect coastal communities and coastal transportation facilities by acting as a buffer to alleviate some of the impacts from sea-level rise, strong storm events, and high tides.

SANDAG will coordinate closely with city staff, city council members who serve on SANDAG’s Shoreline Preservation Working Group (SPWG), and other technical advisors on this project.

Work efforts from this project will be summarized in two final deliverables which include the feasibility study and an updated offshore borrow site survey plan.

As part of the feasibility study, SANDAG will prepare an updated economic analysis using the 2007 RBSP II feasibility study as a template. The economic analysis will include preliminary cost estimates of a range of project alternatives that may include sand retention, a benefit-to-cost analysis of the project alternatives, and a discussion of economic effects. This economic analysis will be summarized in the feasibility study and included as an appendix to the final document.

The feasibility study will also include an explanation of how beach nourishment can be used to protect coastal critical infrastructure in the region from seal level rise and will identify the various permits and approvals that would be needed for the implementation of the project.

Recommendations for streamlining permitting will also be included, with emphasis on replicating work done previously, and applying lessons learned from RBSP I and II, and from other projects in southern California. A meeting will be scheduled with interested stakeholders (city staff, members of the SPWG, members of the public) to review the draft feasibility study and solicit feedback. SANDAG will use a scheduled SPWG meeting as the forum for this discussion.

Comments from stakeholders may also be submitted in writing and revisions to the feasibility study will be made as needed. Comments from SANDAG staff and interested stakeholders into a final version of the feasibility study.

SANDAG requires a written commitment from each city prior to work beginning on the preliminary planning activities. In July 2023, SANDAG reached out to San Clemente, Dana Point, and the County of Orange as public agencies responsible for beach management within the Oceanside Littoral Cell. As follow up to this regional coordination effort, it is recommended that the City formally request to participate in Phase I of RBSP III as an Oceanside Littoral Cell public agency.

Participation in RBSP III Phase I activities does not commit the city to working on any portion of RBSP III beyond Phase I.

SANDAG is allocating cost sharing for RBSP III Phase I tasks according to the length of shoreline in each jurisdiction relative to the total regional shoreline. The City of San Clemente has 4.5 miles of shoreline, which includes the State Beach. The RBSP III Phase I cost is currently estimated at $200,000, though this may change if the project study area is expanded to include Oceanside Littoral Cell cities/jurisdictions in south Orange County. Including additional cities/jurisdictions such as San Clemente could also reduce the costs for each participating cities due to economies of scale. Once SANDAG determines each jurisdiction’s proportional share, staff will return to City Council with a draft memorandum of understanding and information on the funding amount and request City Council confirmation of participation and payment of the estimated cost share.

In 2022, the City Council reaffirmed that the development of additional coastal resiliency projects that can deliver sand to the City’s beaches remains a top near-term and long-term City priority.

The City has expressed a desire to develop a citywide, comprehensive beach restoration 3 Meeting Date: September 5, 2023 Agenda Item: 7G

CITY OF SAN CLEMENTE
program that can supplement the planned USACE project that will nourish a portion of the City’s beaches. A key coastal resource in the City remains the sandy beach, which is valuable in terms of public enjoyment for residents and visitors, community well-being, quality of life, and ecosystem services such as storm damage protection and intertidal habitat for plant and animal species. Participation in a SANDAG RBSP III supports all these City goals.

Council Options:
 Authorize the Mayor to sign and submit a letter to SANDAG requesting that the City of San Clemente, as a member City in the Oceanside Littoral Cell, have the opportunity to participate in the Phase I planning tasks of the RBSP III, which supports continued San Clemente Coastal Resiliency Plan implementation goals of establishing a citywide comprehensive beach restoration program.
 Modify the letter and authorize the Mayor to sign the letter and submit it to SANDAG.  Take no action.
 Continue the item and provide direction to staff.

Environmental Review/Analysis:

The proposed action is not a “project” pursuant to California Environmental Quality Act Guidelines Sections 15378. (14 CCR § 15378.)
Recommended Actions:

Staff Recommendation
Staff recommends that the City Council authorize the Mayor to sign and submit a letter to SANDAG requesting that the City of San Clemente, as a member City in the Oceanside Littoral Cell, have the opportunity to participate in the Phase I planning tasks of the RBSP III, which supports continued San Clemente Coastal Resiliency Plan implementation goals of establishing a citywide comprehensive beach restoration program.
..end
Attachment:

1. Draft Letter of Interest to SANDAG
Notification:

None.
4 OFFICE OF THE MAYOR

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

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
CELEBRATING 90 YEARS OF INCORPORATION
September 6, 2023
Councilmember Dwight Worden, Chair
SANDAG Shoreline Preservation Working Group
401 “B” Street, Suite 800
San Diego, CA. 92101
Re: Letter of Interest to Participate in the SANDAG RBSP III, Phase I Dear Chair Worden and Members of the Shoreline Preservation Working Group:

On behalf of the City of San Clemente City Council, we hereby submit this letter to you, staff and all other members of the SANDAG Shoreline Preservation Working Group to communicate our interest in participating with other cities in the upcoming SANDAG Regional Beach Sand Project (RBSP) III Project, Phase I scope of work.

The City of San Clemente is located within the Oceanside Littoral Cell along with our downcoast neighboring cities of Oceanside, Carlsbad, Encinitas, Solana Beach, Del Mar and a portion of the City of San Diego. The Oceanside Littoral Cell extends from Dana Point Harbor in the north to the Scripps Canyon offshore of La Jolla in the south.

San Clemente shares the same shoreline erosion and coastal sediment deficit problems experienced by other cities in the Oceanside Littoral Cell and we strongly believe that super-regional coordination and collaboration on coastal resiliency projects will reduce overall costs and enhance benefits to all cities participating in RBSP III.

The City of San Clemente would be willing to enter into a Memorandum of Understanding/Agreement (MOU/MOA) with SANDAG to further demonstrate our commitment to building coastal resiliency in the Oceanside Littoral Cell, regardless of jurisdictional boundaries.

We request consideration of our request as an agendized item at the next SANDAG Shoreline Preservation Working Group meeting.

Please do not hesitate to reach out to discuss our request. Thank you in advance for your consideration.

Sincerely,
Chris Duncan
Mayor
City of San Clemente
City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org 5 ATTACHMENT 1
an
-Clemente
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 5, 2023 Agenda Item: 7H
Department: City Manager
Prepared By: Leslea Meyerhoff, Consulting Coastal Administrator Subject:

CONSIDERATION OF A RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE

CALIFORNIA COASTAL COMMISSION FOR IDENTIFICATION OF OFFSHORE SAND

SOURCES AND FINDING THE PROJECT CATEGORICALLY EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 6
Fiscal Impact:

Yes. Approval of the grant in anticipated to result in the City obtaining one or more sources of funding that would support implementation of a high priority coastal resiliency task to locate additional offshore sources of beach quality sand deposits.

Summary:

Before the City Council is a resolution that would authorize the submittal of a grant application to the California Coastal Commission (CCC) for funding to support the identification of offshore sand sources and to pursue other supplemental grant funding opportunities to support continued San Clemente Coastal Resiliency Plan implementation actions, efforts and projects, and to authorize the City Manager to enter into the grant agreements, if awarded.

Background:

In 2022, the City Council reaffirmed that the development of additional coastal resiliency projects that can deliver sand to the City’s beaches remains a top near-term and long-term City priority.

The U.S. Army Corps of Engineers (USACE) Project will begin placing sand on the City’s beaches in late 2023. The USACE Project will place 251,000 cubic yards of sand on approximately 3,412 linear feet of beach between Linda Lane on the north and T-Street on the south. Renourishment is planned to occur every six years from 2023- 2073. The City has expressed interest in (1) finding ways to keep the sand in place for as long as possible and (2) supplementing other City beaches with additional sand sources.

Discussion:

A key coastal resource in the City remains the sandy beach, which is valuable in terms of public enjoyment for residents and visitors, community well-being, quality of life, and ecosystem services such as storm damage protection and intertidal habitat for plant and animal species.

As a supplemental task, and key recommendation of the 2021 Coastal Resiliency Plan, additional sand sources need to be identified. The USACE project will utilize an offshore sand deposit located north of Oceanside Harbor. However, as a regional coastal resiliency leader, it is essential that the City begin to develop additional beach quality sand deposits in the offshore area that can be used to support beach sand replenishment programs in San Clemente. The 1 Meeting Date: September 5, 2023 Agenda Item: 7H

CITY OF SAN CLEMENTE
CCC grant would fund the identification of offshore sand borrow sites. In addition, staff will pursue other grant funding opportunities as they arise to fully fund the scope of work.

If a grant is awarded to the City by the CCC, the grant scope of work would include preparation of a focused Local Coastal Program (LCP) amendment to incorporate the findings and recommendations of the offshore borrow site investigation.

Council Options:
 Adopt Resolution No. 23-91 authorizing the submittal of a grant application to the California Coastal Commission and entry into a grant agreement, if awarded and finding the project categorically exempt from the California Environmental Quality Act (CEQA).  Modify and adopt Resolution No. 23-91.
 Continue the item with direction to staff to provide additional information.  Deny resolution 23-91 and do not authorize the submittal of a grant application.

Environmental Review/Analysis:

Applying for grant funding is not a project under CEQA. The project that the grant funding would be used for is categorically exempt under Class 6 (Information Collection, 14 CCR 15306), Section 15306 of the state CEQA Guidelines.

Recommended Actions:

Staff Recommendation
Staff Recommends that the City Council:

Adopt Resolution No. 23-91, which would:

1. Authorize submittal of an application to the California Coastal Commission for a local coastal program grant to fund an offshore borrow site investigation to find additional sand sources that can be used to develop additional beach nourishment projects in San Clemente and pursue additional grant funding opportunities to support coastal resiliency plan implementation;

2. Find the project that the grant funding would be used for is categorically exempt under Class 6 (Information Collection, 14 CCR 15306), Section 15306 of the state CEQA Guidelines; and

3. Authorize the City Manager to execute the grant agreement, if awarded. ..end
Attachment:

1. City Council Resolution 23-91, Authorizing Application to the California Coastal Commission for a Local Coastal Program Grant for the Identification of Offshore Sand Sources

2. Draft Grant Proposal – SC Sand Source Investigation, Preliminary Scope of work Notification:

None
2 ATTACHMENT 1
RESOLUTION NO. 23-91

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA

COASTAL COMMISSION FOR A LOCAL COASTAL

PROGRAM GRANT TO FUND AN OFFSHORE BORROW

SITE INVESTIGATION TO FIND ADDITIONAL SAND

SOURCES THAT CAN BE USED TO DEVELOP

ADDITIONAL BEACH NOURISHMENT PROJECTS IN SAN

CLEMENTE AND PURSUE ADDITIONAL GRANT FUNDING

OPPORTUNITIES TO SUPPORT COASTAL RESILENCY
PLAN IMPLEMENTATION; FINDING THE PROJECT TO BE

FUNDED BY THE GRANT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CLASS 6 (INFORMATION COLLECTION,
14 CCR 15306), SECTION 15306 OF THE STATE CEQA
GUIDELINES; AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE GRANT AGREEMENT
WHEREAS, coastal erosion is a very significant problem in the City of San Clemente that threatens the public beaches and coastal public access, key public facilities, existing structures, and critical public infrastructure; and WHEREAS, the upcoming United State Army Corps of Engineers (USACE) project is intended to reduce coastal storm damage to property and infrastructure along the shoreline for 50 years; improve public safety in the study area by providing a wider sandy beach which will serve as a natural wave buffer; and reduce coastal erosion and shoreline narrowing to improve public recreational opportunities for beach users within the City and region; and WHEREAS, the USACE project includes a 50-foot-wide beach fill along a 3,412-foot-long stretch of shoreline placing 251,000 cubic yards of compatible sediment on the beach every six years; and
WHEREAS, material will be dredged from a borrow site located within the Oceanside Littoral cell located off the coast south of the project site; and WHEREAS, the City Council has expressed interest in pursuing additional sand replenishment opportunities to supplement the planned USACE project; and WHEREAS, beach nourishment is consistent with Federal, Statewide, regional and local shoreline management goals which recognize the importance of public beach restoration along the South Orange County shoreline as the preferred method of addressing the critical coastal erosion problems caused by a lack of sediment supply; and
WHEREAS, in the absence of beach sand replenishment and retention 3 Resolution No. 23-91 Page 2
projects, construction of more hard shoreline protection devices is expected to occur; and
WHEREAS, providing a wide sandy beach is a proven, viable nature based, green, soft solution as a means of advancing natural infrastructure protection; and WHEREAS, the City’s preferred sea level rise adaptation strategy is beach nourishment because it provides a wide variety of public benefits and can protect critical public infrastructure in the City; and
WHEREAS, the 2013 Orange County Regional Coastal Sediment Management Plan identified a data gap with respect to the lack of existing information to help the City find additional sources of sand that can be used to supplement beach nourishment in the city and potentially the greater South Orange County region; and
WHEREAS, there is some preliminary data available indicating that there are additional offshore sand resources that should be further investigated to determine the quality and quantity of beach sand deposits that may be available for use in the City.

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

Section 1. That the foregoing recitations are true and correct and incorporated herein.

Section 2. Locating additional offshore sand sources would be of great benefit to the City and to the region.

Section 3. Conducting this analysis promotes the long-term vision of the City and supports important City Council priorities.

Section 4. That the City Council authorizes staff to submit a grant application to the California Coastal Commission to obtain funding to advance key implementation strategies in the City’s 2021 Coastal Resiliency Plan.

Section 5. That the project that the grant funding will be used for, if awarded, is categorically exempt from the California Environmental Quality Act (CEQA) under Class 6 (Information Collection, 14 CCR 15306), Section 15306 of the state CEQA Guidelines.

Section 6. That the City Manager is authorized and directed to execute the grant agreement and such other and further documents as are necessary and proper to accomplish the intent of this resolution if the grant submittal is successful.

Section 7. That staff is authorized and directed to take such other and further actions as are necessary and proper to implement the project to be funded by the 4 Resolution No. 23-91 Page 3
grant.

Section 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 5th day of September, 2023.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-91 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
5 ATTACHMENT 2
Proposed San Clemente Sand Source Offshore Investigation The City seeks to identify potential offshore borrow sites and verify suitability of material to support beach restoration efforts in San Clemente and potentially greater South Orange County.

Particular emphasis will be placed on delineating the material with the best grain size characteristics for beach nourishment.

A geophysical investigation will be conducted in a four-phase approach which will take up to 18 months to complete. Receiver site characteristics will be defined as part of the first phase. The second phase consists of evaluation of existing information (literature review) to identify potential borrow sites and to guide subsequent field data collection efforts. Once the candidate sites are identified, marine geophysical (seismic reflection profiling) surveys will be performed. The results of the marine geophysical surveys will be interpreted and used to develop a focused vibracore sediment sampling and analysis program. Depending on the nature of available historical information, geophysical surveys may not be warranted at all candidate borrow sites.

Phase 1. Receiver Site Characterization
 Define Receiver Site Characteristics: Obtain and analyze surficial sediment samples at up to three candidate receiver sites to determine sand characteristics (grain size distribution). Samples will be obtained from the back beach to a depth of 30 ft, Mean Lower Low Water. This information will be used to evaluate compatibility of potential source material.

Phase 2. Evaluation of Existing Information and Plan Formulation:
 Evaluate Existing Information: Collect and review existing data for potential offshore sand borrow sites from various sources including federal and state agencies, universities, local cities and counties to evaluate potential candidate sand sources for beach nourishment (e.g., Fischer, et al, 1983; Osborne, et al, 1983; Orange County, 2013, URS, 2009; US Army Corps of Engineers, 2012.)
 Identify Candidate Borrow Sites: Select up to three potential borrow sites to investigate.

The sites will be selected based on proximity to proposed receiver sites, potential to provide required sand volume, potential to yield suitable material, and likelihood of being able to utilize the borrow site (e.g., environmental issues, permitting issues, jurisdictional conflicts). The number of sites investigated may be adjusted based on available budget.  Prepare Field Investigation Plan: Develop plan for geophysical investigation of the potential borrow sites, including acquisition of necessary permits.

Phase 3. Marine Geophysical Surveys:
 Conduct Geophysical Survey Program: The need to conduct geophysical surveys will be evaluated based on the nature of historical information for each candidate site. Conduct marine geophysical surveys at the candidate sand source sites as warranted. The surveys will be designed to focus on the upper 30 ft of sediment, as dredging operations will likely be limited beyond this depth.
 Preliminary Interpretation: The results of the marine geophysical surveys will be interpreted and used to focus the sediment sampling effort undertaken during the next phase (Phase 4) of the investigation.
6  Final Evaluation of Results: Upon completion of the vibracore sediment sampling activities (Phase 4), additional interpretation of the geophysical data shall be conducted using this “ground-truth” information.

Phase 4. Sediment Sampling
 Prepare Sampling and Analysis Plan (SAP): Prepare a SAP designed to evaluate compatibly of potential source material. The plan will include sample locations, physical (grain size) and chemical testing protocols, and quality assurance/quality control procedures. The results of the receiver site characterization conducted in Phase 1 will be included in the plan. A draft plan will be submitted to the U.S. Army Corps of Engineers (USACE), U.S. Environmental Protection Agency (USEPA) standards, and Regional Water Quality Control Board (RWQCB) for concurrence before finalizing.  Conduct Sediment Sampling Program: Conduct a vibracoring program to confirm the interpretation of the marine geophysical surveys (or historical information) and determine the physical (grain size distribution) and chemical characteristics of the sediment at each candidate borrow site. The coring apparatus will be capable of achieving 20 ft penetration in suitable sediments.
 Evaluate Borrow Site Sediment Characteristics: The cores will be handled, tested, and evaluated in accordance with the Sampling and Analysis Plan.

References
Fischer, P.J., Kreutzer, P.A., Morrison, L.R., Rudat, J.A., Ticken, E.J., Webb, J.F., Woods, M.M., Berry, R.W., Henry, M.J., Hoyt, D.H., and Young, M., 1983, “Study on Quaternary shelf deposits (sand and gravel) of Southern California”, Submitted to State of California, Department of Boating and Waterways, Beach Erosion Control Project, FR 82-11, 66 p.

Orange County, 2013. Coastal Regional Sediment Management Plan. Prepared for the U.S.

Army Corps of Engineers and California Coastal Sediment Management Workgroup. 212 pp.

Osbourne, R.H., N.J. Darigo, and R.C. Scheidemann, 1983, “Report of Potential Offshore Sand and Gravel Resources of the Inner Continental Shelf of Southern California”, prepared for Calif.

State Dept. of Boating and Waterways, Sacramento. University of Southern California, Dept. of Geological Services, Los Angeles, CA, 302 pp.

U.S. Army Corps of Engineers, 2012, San Clemente Shoreline Feasibility Study – Geotechnical Appendix” U.S. Army Corps of Engineers, Los Angeles District.

URS, 2009, “Geotechnical Assessment-Offshore Sand Sources-Regional Beach Sand Project II-San Diego, CA”. report prepared for SANDA and Moffatt & Nichol, San Diego, CA, 20pp+app.

Preliminary Cost Estimate
Phase 1. Receiver Site Characterization $35,000
Phase 2. Evaluation of Existing Information and Plan Formulation $70,000 Phase 3. Marine Geophysical Surveys $265,000
Phase 4. Sediment Sampling $390,000
Total Cost $760,000
7 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 5, 2023 Agenda Item: 7I
Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSIDERATION OF A RESOLUTION RATIFYING AN EMERGENCY CONSTRUCTION AGREEMENT WITH GCI CONSTRUCTION, INC. FOR THE SAN CLEMENTE VILLAS BY THE SEA STORM DRAIN REPAIRS; PROJECT NO. 26001
Fiscal Impact:

Yes. Funding for this repair, in the amount of $95,500, will be provided from the Storm Drain Depreciation Reserve Fund / Storm Drain Rehabilitation, Account No. 059-553-43420-000-26001 which has a current account balance of $141,723 remaining for other unforeseen storm drain repairs throughout the City for the rest of this fiscal year.

Summary:

On May 22, 2023, City staff was informed by the San Clemente Villas by the Sea about a sinkhole at the southwest corner of the property, over an underground 30-inch storm drain. Based on a Closed Circuit TV (CCTV) inspection at this location (Attachment 1), it was found that the 30- inch corrugated storm drain metal pipe was corroded and had several holes. This necessitated an emergency repair to remove and replace this section of the pipe in advance of the rainy season and to prevent a potential slope failure in this area. This storm drain is located on top of the slope.

On June 16, 2023, staff contacted GCI Construction, Inc. (GCI), one of the local contractors who is also on the City’s on-call contractors list, to start the repair work immediately. Work started on the next day and was substantially completed on July 3, 2023. The design work was provided by BKF Engineers; and Ninyo & Moore Geotechnical Consultants, from the on-call geotechnical engineers list, was called upon for soils inspection and testing.

Council Options:
 Adopt Resolution 23-92, which would ratify the emergency storm drain repair contract with GCI.
 Modify and adopt Resolution 23-92.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

This work was determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (i.e. Replacement or Reconstruction - 14 CCR §15302), Section 15302 of the State CEQA Guidelines.
1 Meeting Date: September 5, 2023 Agenda Item: 7I

CITY OF SAN CLEMENTE
Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution 23-92 (Attachment 2), which would:

1. Make a finding that an emergency existed due to the potential failure of the slope where the damaged storm drain is located and that the situation required 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;

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

3. Ratify and authorize the City Manager to execute a Construction Contract Agreement (Attachment 3) with GCI Construction, Inc. for the needed emergency repairs for the San Clemente Villas by the Sea Storm Drain Repairs, Project No. 26001, that have already been performed in an amount not to exceed $95,500.
..end
Attachment:

1. Location Map

2. Resolution No. 23-92

3. Construction Contract
Notification:

None
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PN 26001
Attachment 1

NOT TO SCALE

PROJECT

LOCATION
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21 Tel (949) 361-6100 ! Fax (949) 361-8316
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ATTACHMENT 2
4882-9904-3949 v1
RESOLUTION NO. 23-92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RATIFYING AN

EMERGENCY CONSTRUCTION AGREEMENT WITH GCI
CONSTRUCTION, INC. FOR THE SAN CLEMENTE VILLAS
BY THE SEA STORM DRAIN REPAIR, PROJECT NO.
26001, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO
EXCEED $95,500
WHEREAS, on May 22, 2023, City staff was informed by the San Clemente Villas by the Sea about a sinkhole at the southwest corner of the property over an underground 30-inch storm drain; and
WHEREAS, based on a Closed Circuit TV (CCTV) inspection at this location, it was found that the 30-inch corrugated metal storm drain metal pipe was corroded and had several holes; and
WHEREAS, this necessitated an emergency repair to remove and replace this section of pipe in advance of the coming rainy season and to prevent potential slope failure; and
WHEREAS, staff determined that the work was categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (i.e. Replacement or Reconstruction - 14 CCR §15302), Section 15302 of the State CEQA Guidelines; and WHEREAS, on June 16, 2023, staff contacted GCI Construction, Inc. (GCI), one of the local contractors who is also on the City’s on-call list, to start the repair work immediately under the San Clemente Villas by the Sea Storm Drain Repair, Project No. 26001 (Project); and
WHEREAS, on June 16, 2023, GCI mobilized to the site and began work under a design provided by BKF Engineers with the assistance of Ninyo & Moore Geotechnical Consultants, from the On-call geotechnical list, for soils inspection and testing; and WHEREAS, work was substantively completed on July 3, 2023.

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

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

SECTION 2. That an emergency existed due to the potential failure of the slope where the damaged storm drain was located and that the situation required 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 4 Resolution No. 23-81 Page 2
4882-9904-3949 v1
engineering analysis and competitive bidding process.

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

SECTION 4. That the construction contract for the San Clemente Villas by the Sea Storm Drain Repair, Project No. 26001, with GCI Construction, Inc. in an amount not to exceed $95,500, as presented to City Council on September 5, 2023, is hereby ratified and approved and the City Manager is authorized and directed to execute it.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2023.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-92 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
5 Resolution No. 23-81 Page 3
4882-9904-3949 v1
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
6 55452.01510\32977834.2
1 CITY OF SAN CLEMENTE

CONSTRUCTION CONTRACT

SAN CLEMENTE VILLAS BY THE SEA STORM DRAIN REPAIR

1. PARTIES AND DATE.

This Contract is made and entered into this _____ day of _____, 2023 by and between the City of San Clemente, a public agency of the State of California (“City”) and GCI Construction, Inc., with its principal place of business at 1031 Calle Recodo Suite D, San Clemente, CA, 92673 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

2. RECITALS.

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

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

2.3 Project. City desires to engage Contractor to render such services for the San Clemente Villas by the Sea Storm Drain Repair (“Project”) as set forth in this Contract.

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

3. TERMS

3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Federal Requirements (Exhibit “G”)
• Insurance Requirements (Exhibit “H)
• Addenda
• Change Orders executed by the City
Attachment 3
7 55452.01510\32977834.2
2 • Latest Edition of the Standard Specifications for Public Works Construction (The Greenbook), Excluding Sections 1-9
• Notice Inviting Bids, if any
• Instructions to Bidders, if any
• Contractor’s Bid

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

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

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

The burden of proof as to the equality of any material, process or article shall rest with Contractor.

The City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall 8 55452.01510\32977834.2
3 include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal” material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.

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

3.3 Period of Performance.

3.3.1 Contract Time. Contractor shall perform and complete all Work under this Contract within thirty (30) working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto, or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage.

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

3.3.3 Liquidated Damages. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of eight hundred ($800) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor 9 55452.01510\32977834.2
4 represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.

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

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

3.7 Compensation and Payment.

3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of Ninety-Five Thousand, Five Hundred Dollars ($95,500) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.

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

On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract 10 55452.01510\32977834.2
5 Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers or others.

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

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

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

3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items. 11 55452.01510\32977834.2
6 3.7.8 Labor and Material Releases. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.

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

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

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

3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with this section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as 12 55452.01510\32977834.2
7 determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor.

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

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

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

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

3.8 Performance of Work; Jobsite Obligations.

3.8.1 Water Quality Management and Compliance.

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

3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the most recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one 13 55452.01510\32977834.2
8 acre of total land area or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requirements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.

3.8.1.3 Other Water Quality Rules Regulations and Policies.

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

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

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

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

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

3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state 14 55452.01510\32977834.2
9 and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

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

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

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

3.8.6 Hazardous Materials and Differing Conditions. As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II 15 55452.01510\32977834.2
10 or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate.

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

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

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

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

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

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

3.10 Claims; Government Code Claim Compliance.

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

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

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

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

3.10.3.3 Chronology of events and correspondence

3.10.3.4 Analysis of claim merit

3.10.3.5 Analysis of claim cost

3.10.3.6 Time impact analysis in CPM format

3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions. 17 55452.01510\32977834.2
12 3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.

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

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

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

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

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

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

3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. 18 55452.01510\32977834.2
13 3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

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

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

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

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

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

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

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

3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 19 55452.01510\32977834.2
14 Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.

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

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

3.12 Indemnification.

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

3.12.2 Additional Indemnity Obligations. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in 20 55452.01510\32977834.2
15 connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.

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

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

3.13.1 3.14 Bond Requirements.

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

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

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

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

3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified 21 55452.01510\32977834.2
16 in writing by the City of any defect in the Work or non-conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.

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

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

3.16 Employee/Labor Certifications.

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

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

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

3.17 General Provisions.

3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s 22 55452.01510\32977834.2
17 Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

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

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

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

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

3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
23 55452.01510\32977834.2
18 CONTRACTOR:

GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673
Attn: Alan Aristondo
CITY:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Amir Ilkhanipour, Principal Civil Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

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

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

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

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

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

3.17.13 [Reserved]

3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability. 24 55452.01510\32977834.2
19 3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Work.

3.17.16 Certification of License.

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

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

Box 26000, Sacramento, California 95826.

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

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

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

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

3.17.21 Federal Provisions. Not applicable
25 55452.01510\32977834.2
20 [SIGNATURES ON NEXT PAGE]
26 55452.01510\32977834.2
21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

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

BURKE, WILLIAMS & SORENSEN, LLP
____________________________
City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
GCI CONSTRUCTION, INC.
(“CONTRACTOR”)
By:_____________________________

Richard Kay, CEO/CFO
Dated: __________________, 20____

GCI CONSTRUCTION, INC.
(“CONTRACTOR”)
By:_____________________________
Alan Aristondo, CEO
Dated: __________________, 20____
27 55452.01510\32977834.2
22 EXHIBIT “A”

SERVICES / SCHEDULE
(SEE ATTACHED)
28 29
!~BkFIOO+
-- YEARS Job No. ________ Sheet~ ___ of ___ _
ENGINEERS.SURVEYORS.PLANNERS 'm ProjectName ________________ _ 0 Redwood City I 650.482.6300
□ San Jo$e I 408.467.9100
□ Pleasanton I 925.396.TTOO
□ Walnut Creek I 925.940.2200
0 Sacramento I 916.556.5800
0 San Rafael 1415.930.7960
, ---.-- - a~ ~
...

If"(' •b-, 'r• __ .. t ... :c ,....,_
-- :~1~-- .. ·#,
·"'~'
,«-~- ...... MO - -..,~"'"'
,;. ,, -•' -- I~, v!'f :i_:~ ~:'~·-• ,. .. .· : :t. . ,u ·--.. " ... ·~ ..... ~ ~ ~ ,\~• ... .. --· ----· 'l'l J ::: !.S ~c:.
ts! .. I> h~ f: ,., . '\c ~' .... m ~~ -
- ~ -
-sc -
> ,. - ~ ·- ·b, ,, .::::. r--
.t'1 ~ I',.
~ ·-ll ~'t: f'\J\ - ~ .(; - C
~: ~ -~ -- . .,_,.. ~-,
'.f Y l'' - .. ,.._
~-
\''
~. ~('. ". .... -.;:..-
6-"· a., ..:-:s - -- ~
.. -........ ,_ - r. •-· ,.,
~--- '"'" .,,
I • I
' I -
......... _'
'---
O Santa Rosa I 707.583.8500 "')I. □ Newport Beach I 949.526.8460 ~ Prepared By_· ___________ .Date ___ _ □ Richmond I 510.529.0336 -'.2:,... Reviewed By Date
0 Oakland I 510.599.7300 J'. ---- □ San Francisco 1415,930.7900 ·("') Revised By Date o Lathrop I 209.923.8200 7
t / '"""'
V ~ 6-1 " .- ~ .i- ~ r1 .. e. ~ .,, ,,~!', ~
,__ ,. .......... ~~
. ... , - ... t ·' D- --- ~ i-!~·· " ~-tl\ ""&- - ---\ -~ .. ~, ()l,: ,,...... ,
't :io"rt '· \' i' -rn --" -
B_, - """"' .... _ . --- ··-
-~ ~'l
J
- ,_ ~ ; ~ J:t\ I -
I\ ~~B
_, ;) :l' .,. ~- "" .,...,,,,. .l 12~ Sl
--- .,, ~ ·- - r,arI~ < ~- 1:: :,..•
~ t~ ~ ......... :.A - :t s. ~
- - --' :::
~ ~( ~1~ -~ ~
- 11."T\ s ~ . ~'P ·--~-~ ~ .:e ~ ~I .. u ' ' ~~
i' '~- Q· ~-~ ;" I; I~ ~ l;:::;:J
.... . 7
~ ~~ ~l ...... ~ i,,,,
... 1:i "' ""-
~ ~, ·=t ~-.

J ~
v I I 7 I.le\
~
:t>/..•' ' ):.' ,, , ' . if _.... ,/' j -1-
r ---~ / ~v f{\ .......
-- - ··-- - ..
f ~----,_,_ '-1! / I' .: .. .- ~ ... , h' ---~ / ---- ~ i .I .-, p
.. ' ~ V LI I , t '
' 'f' ,__ -~•- ·-----· .z. '·-·--·· . .......,.
...c:: . I·-- -- ~ -= .6" ~ ~ -
~
'3-
A ~
------ -- ., __ ... ___ , .. ..., .... _ ·-
·-
................
~---·-
---
t----·
--
30 PLAN
s,
• . *
....
. . .

Annular
Int space
:f~?:: DETAIL A

TYPICAL JOINT FOR

REINFORCED CONCRETE PIPE
CUT No. I: Sow the tube at an onc;ile
of "A/2" with the traverse plane.

Reverse one section and tape both
sections toQether formtnc;i the
deflection onQle "A".

CUT No. 2: Sow the tube lonc;ittudlnollv, removlnQ a strip 3.14 CO.:J) .. > Inches wide on the side opposite the open joint. Bend the ends of the cut together and Insert the tube in the pipe. TABLE
Dz L T PERMITTED
inches> (inches> <inches> DEFLECTION, A
12 12 4 2°14'
IS 12 4 1°55'
18 12 5 1°40'
21 12 s 1°29'
24 12 6 1°20'
27 12 7 1°13'
30 12 7 1°07'
33 18 8 1°01'

3.14 co_-o.,

DETAIL B
<Sono•Tube. or equal, Interior form)
36 18 9
39 18 9
42 18 9
45 18 10
1°01'
1°09'
1°05'
1°01'
48 18 10 0°sa·
51 18 10 0°55'
54 18 10 0°52'
57 18 10 0° 9'
21 II 0°45'
21 II
ORANGE COUNTY RESOURCES & DEVELOPMENT MANAG STD. PLAN
AdOPteda Res. 77·92 Revtsec,a Res. 16·818 1317
REINFORCED CONCRETE COLLAR-NOTES SHT. I OF 2
31 ,
NOTES:

I. A concr-ete collar- Is r-equlr-ed whenever- 01 Is unequal to 02 or- the per-mltted deflection at a pipe joint Is exceeded: that is, when angle "A" Is gr-eaterthon the per-mltted deflection angle. <See Table>.

2. Concr-ete collor-s shall not be constr-ucted on moln line stor-m dr-olns unless shown on the plans or- or-der-ed by the Engineer-.

3. Relnfor-cing shall be used wher-e the pipe diameter- Is gr-eater- than 21 Inches and on all pipes wher-e the pull between the extr-emities <See OE TAIL A) is 21/2 inches or lar-ger-.

4. CIRCULAR TIES:

PIPE DIAMETER SPACE BETWEEN NO. OF PIP£ E:XTRE:MITU:c:. CIRCULAR TIES 21" or less 21/2" 3
◄" to 30" tlz" or less 3
33" to 57" tlz" or less ◄ 68" to 66" t/2 " or less s
Wher-e the space between the pipe extr-emitles exceeds 2½ inches, the nurrber- of ctrculor ties shall be Increased to maintain a maximum spacing of 6 inches center to center. Circular- ties shall hove o diameter- 5 inches greater than the outside diameter- of the larger pipe.

5. For- pipe lor'ger than 66 inches in diameter' a special collar detail shall be delineated on the project plans.

6. Wher"e the pipe is 21 inches or- less in diameter-, on inter-for- for-m of unsealed Sono-Tube, or- eQuol (see DETAIL B>, shall be used to provide a smooth interior Joint. The paper- form may be left in place. When the pipe is 24 inches or larger a removable interior form shall be used or- the interior joint shall be cofll)letely filled with mortar and neatly pointed.

7. Where pipes of different diameters or-e Jointed with a concrete collar-, L shall be that of the lor'ger pipe and the external diameter- of the collarshall be equal to the outside diameter of lor-ger pipe plus 2T for the lon;;Jer- pipe. A concrete collar- shall not be constructed connecting a lor-ger diameter- pipe upstr-eom to a smaller diameter pipe downstr-eom unless shown on the ifll)r-ovement plans or or-dered by the Engineer-.

8. The value for angle •A• shall be shown on the inprovement plans.

9. Where the slope of the upstr-eom pipe is greater than the slope of the downstream pipe, join sofflts. where the slope of the upstream pipe is less than the slope of the downstream pipe, join inverts.

10. Beveled pipe may be used in lieu of a concrete collar- if approved bv the Engineer-.

11. For pipe size not listed in the TABLE, use values of L, T, & •A" for the next larger size listed.

ORANGE COUNTY RESOURCES & DEVELOPMENT MANAGE~t.f'rq:PARTMENT Approved .../. r, / 1~ ~~
STD. PLAN
It~ I. NolOfolrl.C/lfl Engl,_, 1317 ~ REINFORCED CONCRETE COLLAR-NOTES SHT. 2 OF 2~ 55452.01510\32977834.2
- 23 -
EXHIBIT “B”

PLANS AND SPECIFICATIONS
(SEE EXHIBIT “A”)
32 55452.01510\32977834.2
- 24 -
EXHIBIT “C”

SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract.

Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
33 55452.01510\32977834.2
- 25 -
EXHIBIT “D”

WORKERS COMPENSATION INSURANCE CERTIFICATION

WORKERS' COMPENSATION DECLARATION

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

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

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

Carrier____________________________________________________ Policy Number______________________________________________

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN

ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES. 34 n
□
n
55452.01510\32977834.2
- 26 -
Dated: ________________________, 20____
________________________________
Consultant
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
35 55452.01510\32977834.2
- 27 -
EXHIBIT “E”

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

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

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

DIR Registration Number:

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

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

PAYMENT AND PERFORMANCE BONDS
37 55452.01510\32977834.2
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

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

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

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

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

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

Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
38 55452.01510\32977834.2
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(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.

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

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

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

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

39 55452.01510\32977834.2
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(Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
40 55452.01510\32977834.2
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
41 55452.01510\32977834.2
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.

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

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

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

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or 42 55452.01510\32977834.2
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subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.

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

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

NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
43 55452.01510\32977834.2
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.

Signature of Notary Public

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

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

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
44 55452.01510\32977834.2
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EXHIBIT “G”

FEDERAL REQUIREMENTS

NOT APPLICABLE
45 55452.01510\32977834.2
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EXHIBIT “H”

INSURANCE REQUIREMENTS

3.13 Insurance.

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

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

The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Contract.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Builder's Risk Insurance [“All Risk”]: Not Used
(E) Contractors Pollution Liability: Not used.

3.13.3 Endorsements. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Commercial General Liability
(1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.
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Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the terms of purposes of this Contract.

For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability:
(1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Workers' Compensation:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents and volunteers.
(2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.

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

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

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

3.13.7 Evidence of Insurance. The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with 47 55452.01510\32977834.2
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all endorsements affecting each policy. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

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

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

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

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

3.13.12 Insurance for Subcontractors. Contractor shall include all Subcontractors as additional insureds under the Contractor's policies, or the Contractor shall be responsible for causing Subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents and volunteers as additional insureds to the Subcontractor's policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13. Contractor shall not allow any Subcontractor to commence work until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract, to the extent applicable. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City. 48 Meeting Date: September 5, 2023
Department: City Clerk

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
Prepared By Laura Campagnolo, City Clerk
Subject:
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Agenda Item: 8A
PUBLIC HEARING #2 REQUESTING PUBLIC INPUT REGARDING THE COMPOSITION OF

POTENTIAL COUNCIL ELECTION DISTRICTS
Fiscal Impact:

None.

Background:

The City Council was elected under an at-large election system, whereby Council Members are elected by voters of the entire City. On July 10, 2023, the City received the most recent letter demanding a change in the election system under threat of litigation under the California Voting Rights Act (CVRA). On August 15, 2023, the Council adopted a Resolution No. 23-85 declaring its intent to change election systems. Moving to by-district elections would require a Council Member (and all candidates for that position) to reside within a designated district boundary, and each Council Member would be elected only by voters of the appropriate district. This change requires a series of public hearings.

Pico Neighborhood Association v. City of Santa Mo11ica
As noted in the August 15, 2023 staff report, most local governments that have received demand letters under the CVRA have decided to switch to by-district elections rather than fighting expensive litigation under the CVRA. The City of Santa Monica, one of the few cities that had chosen to litigate through trial, lost at the trial court, won in the Court of Appeal and recently had its case reviewed by the California Supreme Court. On August 24, 2023, the California Supreme Court issued its decision in Pico Neighborhood Association v. City of Santa Monica, reversing Santa Monica's win in the Court of Appeal and finding that the Court of Appeal had misinterpreted the CVRA and applied the wrong standard. The case was remanded to the Court of Appeal for further proceedings.

Santa Monica's loss in the Supreme Court means that city will incur additional attorney fees if it decides to continue to fight its loss at the trial court level. It is estimated that Santa Monica has incurred approximately $8-10 million in its own attorney fees to date. The prevailing plaintiffs are seeking recovery of an additional $22 million in fees from Santa Monica through trial, which does not include appellate fees and costs.

Had the Supreme Court upheld the Court of Appeal's ruling, there may have been a better chance of successfully defeating a claim under the CVRA. However, since Santa Monica was not successful, the decision has no impact on the City of San Clemente. Accordingly, staff

CITY OF SAN CLEMENTE
1 Meeting Date: September 5, 2023 Agenda Item: 8A
recommends continuing with the process to change election systems consistent with the City Council's resolution of intention adopted on August 15, 2023.

The districting process
As required by Elections Code Section 10010, the City will hold at least two (2) public hearings prior to drawing or releasing any draft maps of Council election districts. Council will then hold at least additional two (2) public hearings to solicit public input regarding the content of the draft maps, the proposed sequence of elections and will introduce an ordinance. If necessary, an additional public hearing will be held prior to the adoption of an ordinance implementing a Council election district map.

The first public hearing in the district process was duly noticed and held on August 15, 2023.

Today's hearing is the second public hearing and fulfills the requirement of California Elections Code Section 10010 that states:
"(1) Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivision shall hold at least two public hearings over a period of no more than thirty days, at which the public is invited to provide input regarding the composition of the districts."
The intention of this hearing is to hear public input regarding the composition of the districts. The public is invited and encouraged to identify the neighborhoods, other "communities of interest," and other local factors that should be considered or used as "building blocks" when the drawing of draft maps begins. The public is also welcome to provide any other relevant input, like on the number of districts, the sequencing of the elections, and can propose complete districting maps, but that is not required.

This second hearing will also be the public launch of the City's public mapping tool and interactive map review website, provided by our districting consultant (National Demographics Corporation, or NOC).

ANALYSIS:

The City conducted its first public hearing soliciting public input on the composition of the districts on August 15, 2023. The purpose of the first two public hearings is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration when creating district boundaries. At the first public hearing Council received public comment. At this second public hearing, the public is requested to provide input regarding communities of interest and other local factors that should be considered when drafting district maps.

A community of interest is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.

Possible community features include, but are not limited to:

A. School attendance areas;
B. Natural dividing lines such as major roads, railroads, or highways; C. Areas around parks and other neighborhood landmarks; D. Common issues, neighborhood activities, or legislative/election concerns;

CITY OF SAN CLEMENTE
2 Meeting Date: September 5, 2023 Agenda Item: 8A
E. Shared demographic characteristics, such as: (1) Similar levels of income, education, or linguistic isolation; (2) Languages spoken at home; and (3) Single-family and multi-family housing unit areas.

In creating the district boundaries, the City must ensure compliance with the following state and federally-mandated criteria:

Legal Requirements:

1. Each council district shall contain a nearly equal population as required by law;

2. Each council district shall be drawn in a manner that complies with the Federal Voting Rights Act. No council district shall be drawn with race as the predominate factor in violation of the principles established by the United States Supreme Court in Shaw v.

Reno, 509 U.S. 630 (1993), and its progeny.

The City shall adopt district boundaries using the following criteria as set forth in the following order of priority:

1. To the extent practicable, council districts shall be geographically contiguous. Areas within districts that meet only at the points of adjoining corners are not contiguous.

2. To the extent practicable, the geographic integrity of any local neighborhood or local community of interest should be respected and included within a single district for purposes of its effective and fair representation in a manner that minimizes its division. A "community of interest" is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.

3. Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city.

4. To the extent practicable, and where it does not conflict with the preceding criteria, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations and where doing so does not conflict with higher-ranked criteria.

5. Where doing so does not conflict with higher-ranked criteria, the City Council may consider other traditional principles in the development of districts. For example, to the extent practicable, each council district shall respect the previous choices of voters by avoiding the creation of head-to-head contests between councilmembers previously elected by the voters, insofar as this does not conflict with Federal or State law.

Additionally, and although it can also be discussed in the next two hearings, the public is also invited to offer opinions regarding the number of districts and the sequencing of elections at this hearing.

CITY OF SAN CLEMENTE
3 Meeting Date: September 5, 2023 Agenda Item: BA
Following the close of the second public hearing, the demographers will begin to draft proposed district boundaries and to compose a proposed sequence of elections for each set of maps. The draft maps and proposed election sequences are expected to be published no later than September 21 , 2023, and will be posted on the City's website when available. These draft maps will be considered by the Council, along with public input at the third public hearing, which is currently scheduled to take place on Tuesday, October 3, 2023. The fourth public hearing is currently scheduled for Tuesday, October 17, 2023.

It is anticipated that, after receiving public comment at the meeting on October 17, 2023, the Council may hold a fifth public hearing and introduce an ordinance to adopt district boundaries and to establish district elections. It is anticipated that the Council may conduct a sixth public hearing and second reading and consider final action to adopt the ordinance on November 7, 2023.

Residents are invited and encouraged to draw and propose their own district maps. A page has been created on the City website that will include information in both English and Spanish, and will allow the public to provide input and suggestions for maps. Maps may be hand-delivered to the City Clerk's office, mailed to the attention of the City Clerk at 910 Calle Negocio, San Clemente, 92673 or, emailed to [email protected] or. As submitted maps are produced, they will be posted on the City's website.

The deadline for residents to submit proposed maps, to be considered for the October 3, 2023 Council meeting is September 14, 2023. All draft maps will be posted seven days in advance of the City Council hearing of October 3, 2023 and will be available for view on the Draft Maps page of the City's website (san-clemente.org/districtelections). The deadline for residents to submit proposed maps, to be considered for the October 17, 2023 Council meeting is October 5, 2023. 4 vs 5 Districts
California Government Code Section 34886 enables cities to change to by-district elections by ordinance:
"Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall comply with the requirements and criteria of Section 21601 or 21621 of the Elections Code, as applicable, and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 ( commencing with Section 14025) of Division 14 of the Elections Code)." As referenced in Government Code Section 34886, part of the districting process includes the decision whether to have 4 districts with an elective mayor, or to have 5 districts with a Councilselected rotating mayor. Reference to this choice was included in Section 1 E. of Resolution 23- 85, the Resolution of Intention declaring the City's intention to transition from at-large to by-district elections, which reads "The City Council directs staff to instruct the demographic consultant to prepare for City Council review at the appropriate time proposals for districting plans with options

CITY OF SAN CLEMENTE
4 Meeting Date: September 5, 2023 Agenda Item: 8A
for both four districts with an elective mayor and five districts pursuant to Government Code §§ 34871(b) and (c) and 34886."
In NDC's experience, the districting process goes smoother the earlier the decision is made regarding the number of districts because residents can then focus on how to draw and select the best 4- or 5-district map, rather than on whether to have 4 or 5 districts. The resulting recommendation is for the Council to give (non-binding) direction to NOC on whether to develop 4-district or 5-district scenarios at the end of the second public hearing. If the Council is so inclined, it could also provide non-binding direction on other options for more districts, but that is not recommended.

It should be noted that the Council can reverse its decision on the number of districts at any time prior to the second reading of the districting ordinance, however changing this decision may require scheduling additional hearings prior to final adoption and could take the process outside the timeline set forth in Elections Code section 10010.

Council Options:
• Conduct the Second Public Hearing to receive public input regarding the composition of districts.
• Determine whether to change to 4 districts with an elective mayor, or to 5 districts with a Council-selected rotating mayor and give direct NOC to draw draft maps with either 4 or 5 districts.
• Do not determine the number of districts and direct NOC to draw draft maps with options for both 4 and 5 districts.
• Direct Staff to return to Council with additional information.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation

1. Conduct the public hearing and receive public input regarding the composition of the potential Council election districts.

2. Provide direction to NOC on the Council's preference for 5 Council districts with a rotating Mayor, or for 4 Council districts with a citywide-elected Mayor. If 4 districts with a Citywideelected Mayor is preferred, provide guidance on whether the Mayoral term should be 2 years or 4 years.

Attachment:

1. Timeline: Consideration and Implementation of By-District Elections

CITY OF SAN CLEMENTE
5 Meeting Date: September 5, 2023 Agenda Item: 8A
Notification:

San Clemente Times Ads in Spanish and English

CITY OF SAN CLEMENTE
6 ATTACHMENT 1
Timeline: Consideration and Implementation of By-District Elections (All meetings in Council Chambers at City Hall)
Date Event Comment
July 10, 2023 Receipt of demand letter
August 15, 2023 City Council adopts Mapping tools will be made Regular City Council Resolution declaring its available shortly after adoption Meeting intention to transition from at- of the Resolution of Intention. large to by-district elections
and holds first public hearing.

August 24, 2023 45 Days from July 10, 2023 See Elections Code section 10010. .

September 5, 2023 Second Public Hearing Before maps are drafted by Regular City Council demographer. Must occur
Meeting within 30 days of first public
hearing.

September 14, 2023 Deadline for the public to Draft maps must be posted for submit any proposed maps. at least 7 days before the third J>ublic hearing.

September 21, 2023 Posting deadline for all maps Draft maps must be posted for (public and consultant). at least 7 days before the third public hearing.

October 3, 2023 Third Public Hearing Regarding content of draft Regular City Council maps and sequence of
Meeting elections.

October 10, 2023 Post any new or amended Draft maps must be posted at maps and potential sequence least 7 days before fourth public of elections hearing
October 17, 2023 Fourth public hearing: Select Regarding content of draft Regular City Council Map. maps and sequence of
Meeting elections. Fourth public hearing
Fifth public hearing: Council must be within 45 days of third introduces ordinance public hearing.
establishing district elections,
including district boundaries If selected map is amended, and election sequence there must be time for posting
(at least 7 days) and another
public hearing to introduce the
ordinance before expiration of
the 90-day safe harbor period.

October 25, 2023 Optional meeting Only necessary if posted map is (Special Meetina) changed.

November 7, 2023, Sixth public hearing: 2nd Last regular City Council Regular City Council reading of Ordinance and meeting before 90 days expire Meeting Ordinance adopted
7 November 13, 2023 90 days after August 15, 2023 See Elections Code section 10010.

November 5, 2024 First election using districtbased seats November 3, 2026 Second election using district
based seats
8 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: September 5, 2023 Agenda Item: 8B
Department: Community Development
Prepared By: Christopher Wright, Associate Planner II
..ag endizedby
..end
Subject:
..titl e
INTRODUCTION (FIRST READING) OF ZONING AMENDMENT 22-366, AN ORDINANCE

RELATED TO ZONING PERMIT STREAMLINING
..body
Summary:

The City Council initiated zoning amendments to streamline various Zoning Code procedures to simplify and improve the review process for projects that require zoning permits. Proposed Zoning Amendment 22-366 would consolidate 10 application types into 4, update the staff-level permit for architectural review of minor projects to have objective standards, include various clean-up items and streamline the level of review required to approve several project types. In addition to supporting the proposed Ordinance, the Planning Commission recommends being granted authority by the City Council to call-up Zoning Administrator decisions and to reduce the appeal fee to $100.

The items for Council’s consideration include: 1) the introduction of the proposed Ordinance, 2) providing direction on whether to change the appeals process and fee per the Planning Commission’s recommendation; and 3) updating the fee schedule for the consolidation of applications, reflecting the proposed zoning amendments.

Background:

On May 25, 2022, the City Council supported streamlining various permit procedures in the Zoning Code and directed staff to discuss the ideas with the Planning Commission, which occurred on June 8, 2022. Following this, on August 16, 2022, the City Council initiated the proposed zoning amendments with staff direction to pursue the ideas presented at the meeting.

The amendments can be characterized as:
 Zoning clarifications
 Changes in the decision level to reduce processing times for non-controversial projects  Simplification of permit procedures
On January 8, 2023, the Planning Commission held a noticed public hearing on the zoning amendments that was continued to March 8, March 22, April 19 and June 7, 2023. On June 7, 2023, the Planning Commission concluded the hearings on the amendments, recommending that the City Council adopt the proposed zoning amendments. Additionally, the Planning Commission recommended that the City Council designate the Planning Commission as the appeal body for Zoning Administrator decisions and reduce the appeal fee to $100. Related Planning Commission staff reports and meeting minutes are provided as Attachments 5 and 6. As of the date this report was prepared for publication, staff has received correspondence on this item provided as Attachment 7.
1 Meeting Date: September 5, 2023 Agenda Item: 8B

CITY OF SAN CLEMENTE
The proposed zoning amendments clarify, streamline, and consolidate permit procedures. This report provides a summary of the zoning amendments and an analysis of Planning Commission’s recommended changes to appeals. Details on the proposed zoning amendments are provided in two attachments:
 Attachment 1: Provides a summary of proposed streamlining to zoning processes and applications and the Planning Commission’s recommended changes.  Attachment 2: Provides the proposed amendments in redlined text. Also, staff made minor clean up edits since the June 7 Planning Commission hearing. The modified text is highlighted.

Consolidate Planning Applications
The proposed amendments consolidate 10 planning applications into 4, making it easier for the public to understand which zoning permits and applications are required. Also, these changes will reduce staff time on report writing, shortening the time between application submittal and decision. These amendments preserve findings for project consistency with the City’s planning documents, such as the General Plan, Zoning Ordinance, and Design Guidelines. Findings related to use compatibility, quality design, historic preservation, and other planning issues are still required, but consolidated under fewer entitlement types to reduce redundancies in staff reports and resolutions.

The fee schedule must be updated to reflect the proposed changes to applications. The attached Resolution updates the name of applications. No changes are proposed to the amount of permit fees or the situations in which fees are currently required, except for nonresidential special activities. Currently, special activities require a Special Activity Permit without a required application fee. The City processes approximately 24 permits per year. The proposed zoning amendments consolidate Special Activity Permits so that a Temporary Use Permit is required instead, to allow special activities. Temporary Use Permits have a subsidized fee of $104.84, generating less than $2,600 of new annual revenue. This will offset a portion of staff time expenses for permit reviews.

Update Staff-Level Approval Process
The proposed amendments would update the staff-level approval process for minor architectural changes. This would reduce time and work involved for the public and staff to process these projects, which allows resources to be reallocated to other projects and City priorities. Currently, the Zoning Code has a “staff waiver” application that functions as a permit rather than a waiver.

There are approval findings, an ability to add conditions, and types of eligible projects, including an overly broad category: “Other minor projects that do not substantially alter the visual appearance and/or architectural integrity of the property or structure.” The proposed Ordinance replaces the staff waiver application with an “Administrative Development Permit” that:

1. Establishes criteria for review of administrative applications. These changes add objective general and project-specific standards (e.g., projects that won’t affect character-defining features of historic structures, such as a privacy fence constructed of certain materials). The general standards address design issues, such as architectural style, materials, colors, massing, scale, and historic considerations. The project-specific standards are additional objective criteria for eligible projects, such as types of accepted window materials and design. 2 Meeting Date: September 5, 2023 Agenda Item: 8B

CITY OF SAN CLEMENTE
Projects that don’t meet criteria eligible for administrative approval would require a public hearing. Also, the City Planner would continue to have the authority to refer applications to a public hearing if they determine a proposal has the potential for significant public concern or impacts.

2. Lists specific types of projects that would be eligible for staff approval, replacing the broader categories of projects currently eligible for staff-level review.

Streamline Review of Several Project Types
The proposed amendments would streamline the level of review required to approve several project types, while maintaining public minutes of decisions and appeal procedures, when experience has shown that similar projects have not previously involved issues of significant public concern or impact to prompt a higher level of public review. The proposed streamlining is described in Attachment 1. The streamlining includes: 1) reducing the level of hearing required, such as changing the review authority for a project type from a Planning Commission decision to Zoning Administrator review; and 2) changing the decision process from a discretionary public hearing decision to a staff level process, limited to:

1. Beer and wine sales, with food service. This modification would allow the sale of beer and wine for indoor consumption to be a permitted use by-right with a State license at an establishment providing food service. Currently, this type of request requires Zoning Administrator approval of a Minor Conditional Use Permit.

2. Height of detached accessory buildings. This modification would allow detached accessory buildings to exceed a height of 15 feet, up to the height limit of the applicable zoning district, if the building complies with required setbacks. Currently, this type of request requires Planning Commission approval of a Conditional Use Permit.

3. Special activities for nonresidential uses. These changes are recommended in response to Planning Commission comments. The changes would clarify code requirements and allow nonresidential uses to have one-day or two-day special events, up to 15 total days in a calendar year. Special activities that are three or more consecutive days would continue to require a Zoning Administrator decision. There must be five days between events and special activities for nonresidential uses in residential or mixed-use zones would require public notification mailings to property owners within 300 feet of an event site. Currently, the Zoning Code is ambiguous on whether staff can approve a one-day event per year or more than one, up to 15 days per year. As a result, businesses have been limited to a one-day event per year with staff approval. No public notification is currently required. A Zoning Administrator decision has been required to allow events that involve 2 to 15 days per year. The proposed changes are to clarify requirements and allow businesses to have shorter multiple one or two-day events with staff review, while ensuring surrounding properties are notified when events are in proximity to residential uses. This would allow staff to consider the success of previous events when considering evaluating a request for a repeat event. As proposed, the City Planner will forward special activities to the Zoning Administrator if warranted.

4. Holiday and seasonal sales. The change would maintain the current Temporary Use Permit approval process for these types of requests, but would increase the allowance for seasonal 3 Meeting Date: September 5, 2023 Agenda Item: 8B

CITY OF SAN CLEMENTE
events, like Christmas tree lots, from 45 days to 55 days. This change is recommended in response to Planning Commission comments.

Appeals Fee and Authority
The Planning Commission recommended being granted authority by the Zoning Ordinance to call-up Zoning Administrator decisions and to reduce the appeal fee from $500 to $100.

Currently, the City Council has the option to appeal a Zoning Administrator decision with a majority vote when it reviews the subject meeting minutes. The Planning Commission recommends being designated as the appeal body because they routinely evaluate land use planning proposals and receive training, so they are adept to evaluate the appropriateness of planning decisions at a lower level. If the proposed change were implemented, the Planning Commission could appeal a Zoning Administrator decision with a majority vote and then a public hearing must be held within 60 days to consider the appeal. Following a Planning Commission decision, the City Council would review the meeting minutes with the option to call-up the appeal by majority vote. The appeal also must be heard within a 60-day period. The change would add transparency and oversight of lower level decisions but adds a step that can extend the appeals process up to 120 days, which is inconsistent with permit streamlining goals. The attached proposed Ordinance maintains the existing appeals process, but can be edited if Council agrees with the Planning Commission on this issue.

Regarding fees, in 2021, the City Council reduced the fee to $500 following an evaluation of costs. Staff recommends to maintain the fee, concluding it continues to be a reasonable subsidized amount to process appeals. The $500 fee is subsidized to be below the lowest cost of $749 to process an appeal over a three-year period between 2018 to 2021. The average cost per year was found to be $1,667. For more background on fees, the prior reports to City Council are provided as Attachment 8.

Council Options:
 Introduce Ordinance 1759 regarding the zoning amendments; adopt Resolution No. 23-93 that updates the fee schedule to reflect the proposed zoning amendments; and maintain the appeals process and fee.
 Modify and introduce Ordinance 1759 and/or modify and adopt Resolution No. 23-93.  Continue the item and provide staff with alternative direction, such as changes to the proposed zoning amendments, appeals process, or fee schedule.  Decide to not to move forward with the zoning amendments.

Fiscal Impact:

The proposed zoning amendments may generate less than $2,600 in new annual revenue from permit processing for nonresidential special activities on private property. Currently, special activities are processed without a required fee. The application for these activities would change with a required fee that would apply.
4 Meeting Date: September 5, 2023 Agenda Item: 8B

CITY OF SAN CLEMENTE
Environmental Review/Analysis:

The proposed zoning amendments and fee schedule updates do not constitute a “project” as defined by the California Environmental Quality Act (CEQA) Guidelines Sections 15378(b)(2) and 15378(b)(5) because the Ordinance and Resolution involve continuing administrative activities and organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

Recommended Actions:

Planning Commission Recommendation
..recommendation

1. Introduce an Ordinance adopting Zoning Amendment (ZA) 22-366 to Sections and Tables of Title 17 (Zoning) of the San Clemente Municipal Code that clarify, streamline, and consolidate zoning permit procedures.

2. Designate the Planning Commission as the appeals body for Zoning Administrator.

3. Reduce the appeals fee to $100.

Staff Recommendation

1. Introduce an Ordinance adopting Zoning Amendment (ZA) 22-366 to Sections and Tables of Title 17 (Zoning) of the San Clemente Municipal Code that clarify, streamline, and consolidate zoning permit procedures.

2. Adopt a Resolution that updates the fee schedule to reflect the proposed zoning amendments.

3. Maintain the current permit appeals process and fee. ..end
Attachment:

1. Summary of Proposed Amendments

2. Tracked Changes for Zoning Amendments

3. Ordinance 1759 for ZA 22-366:

Exhibit A - Zoning Amendments

4. Resolution 23-93 for Fee Schedule Update

5. City Council Meeting May 25, 2022 Minutes and Report

6. Planning Commission Meeting Minutes

7. Public Correspondence

8. Background on Prior Change to Appeals Fee
Notification:
1/8-page notice was published in the San Clemente Times and sent to project interest/special notice list.
5 TABLE 1ͲSUMMARY OF PROPOSED STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 1 89 17.72.050(A)
Nonconforming structureadditions
Additions 50 percent or
greater to singleͲfamily
residences with less than
1,400 square feet of floorarea, as of March 21, 1996, up to 2,100 square feet.

ZAZoning Administrator
approval of a MinorArchitectural Permit orMinor Cultural Heritage Permit, with a Design
Review Subcommittee
recommendation.

ZAThis would require Zoning Administrator
approval of a Development Permit or Cultural
Heritage Permit (for historic resources) without aDesign Review Subcommittee review unlessreferred by the City Planner or ZoningAdministrator. For approval, projects must meetdesign guidelines, meet zoning standards, and be in character with the neighborhood. Therefore, itis not apparent why DRSC review is needed bydefault, which adds time to the City’s review process. The project must meet the standardsand guidelines. Routinely, projects are reviewedfor architectural styling when the focus is on massing and scale to maintain a nonconformingaspect of a structure with a larger addition to asingleͲfamily residence. The City Planner or Zoning Administrator may require Design Review
Committee review.

ATTACHMENT 1
6 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 2 67 17.24.040
(C)(2),Generaldevelopmentstandards,accessorybuildings andstructures Height limits for detached
accessory structures and
buildings Detached accessory
structures over 15 feet high,
up the height limit of the zone,
that are in the rear oneͲhalf ofthe lot.

PCPlanning Commissionapproval of aConditional Use Permit for buildings to be over
15 feet, up to the height
limit of the zone,
regardless of whether
the accessory buildingcomplies with setbacks.If the accessory buildingwere attached, thezone’s height limitapplies so no reviewprocess is required.

PCThis would require Planning Commission
approval of a Development Permit or CulturalHeritage Permit for buildings that encroach into required setbacks. If setbacks are met, the heightlimit of the zone would apply. This is proposedbecause:1. The height limit would be similar for an attached or detached accessory building that
meets setbacks for compatibility betweenadjacent properties.

2. If this change weren’t made, the incentive is
to attach an accessory building to increase
the height limit over 15 feet, up to the heightof the zone. Therefore, the current heightstandard encourages larger massing with lessarticulation than a detached accessorybuilding that must be separated a minimumof five feet. The changes are more in line with the intent of zoning standards toencourage articulation and compatibilitybetween uses on adjacent properties. Notethat Accessory Dwelling Units have differentheight limits in another section of the Zoning Code.
7 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 3 44 17.16.100,
Nonresidential accessorybuildings
new, not
historic
Development ofnonresidential accessorybuildings on property that is not on the City’s listed of
designated historic structures
and landmarks. The buildings
are screened from adjoining
public rightͲofͲway, where theproposed building has floor area less than or equal to
2,000 square feet and less
than 50 percent of the primary
building’s floor area.

PCPlanning Commissionapproval of a Site Plan
Permit, andArchitectural Permit or
Cultural Heritage Permitif proposed in theArchitectural Overlay.

ZAThis would require Zoning Administratorapproval of a Development Permit. The ZoningCode allows nonresidential building additionsless than 2,000 square feet with ZoningAdministrator approval. The proposed changes allow a new building of a similar size to bereviewed by the Zoning Administrator if screened from public rightͲofͲway. Otherwise, PlanningCommission approval is required as it iscurrently. Staff recommends this change to allow an addition to have a similar level of review to anew building of a comparable size. The CityPlanner or Zoning Administrator may require Design Review Committee review.
8 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 4 45 17.16.100,
Residential
dwellings,not historic
Development of a singleͲ
family dwelling or duplex
across a street from and
abutting the City’s designated
historic resources and
landmarks list.

PCPlanning Commissionapproval of anArchitectural Permit orCultural Heritage Permit if proposed in the
Architectural Overlay orabutting a historicresource (includingacross a street).

ZAThis would require Zoning Administrator
approval of a Development Permit. Thestreamlining would be limited to projects withsignificant separation from historic resources to ensure they do not have a massing and scaling
impact on them. Projects must be across the
street from a historic resource. Public rightͲofͲway for collector streets ranges from 40 to 60feet in width with required front setbacks beyond that for 70Ͳ90 feet of separationbetween a project and a historic resource.

Planning Commission changes:Initially, staff proposed reducing which projectsare subject to a public hearing to singleͲfamilydwellings and duplexes with less than: a) a fiveͲfoot front setback between the first and secondfloors; or b) a 30Ͳfoot front setback for building height above the tallest roofline of historicbuildings. If a project had a larger setback orlower height, staff would be eligible to approvethe projects without a hearing. The PlanningCommission didn’t support eliminating public hearings on development or expansion of singleͲ
family dwellings or duplexes regardless ofwhether they had larger setbacks or a lowerheight. 9 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 5 45 17.16.100,
New
dwellings,not historic
Development of three or more
dwelling units on properties
located within 300 feet fromresidentially zoned buildings on the City’s designatedhistoric resources and
landmarks list.

PCPlanning Commission
approval of a Cultural
Heritage Permit ifproposed in the
Architectural Overlay orprojects are on siteswith a triplex or more dwelling units visible a
public view corridor orfrom public rightͲofͲwayadjoining historicstructures.

ZAReduces the level of review from Planning
Commission to Zoning Administrator approval ofa Development Permit. This streamlines projectswith significant separation to avoid potentialmassing and architectural character impacts onhistoric resources.Planning Commission changes:

Initially, staff also proposed reducing which
projects are subject to a public hearing to
projects located within 120 feet (vs. 300 feet) ortwo parcels from residentially zoned buildings onthe City’s list of designated historic structuresand landmarks. If a project was more than 120feet and two parcels from a historic structure,staff would be eligible to approve the projects without a hearing. The Planning Commissiondidn’t support eliminating public hearings by reducing the distance from 300 feet.
10 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 6 45 17.16.100,
Residential
accessorybuildingsnew, nothistoric
Development of residentialaccessory buildings on
property that is not on the
City’s listed of designated
historic structures and
landmarks. The buildings arescreened from adjoining public rightͲofͲway, where the
proposed building has floorarea less than or equal to 500 square feet and less than 50
percent of the primarybuilding’s floor area.

PCPlanning Commissionapproval of a Cultural
Heritage Permit ifproposed in theArchitectural Overlay,proposed on a site witha singleͲfamilyresidence or duplexabutting a historicresource (i.e. includesacross the street), orprojects are on sites with a triplex or moredwelling units within
300 feet of the project
site, unless exemptwhen projects are notvisible from a publicview corridor or frompublic rightͲofͲwayadjoining historicstructures.

ZA1. Reduces the level of review from Planning
Commission to Zoning Administratorapproval of a Cultural Heritage Permit.

2. Currently, the Zoning Code allows Zoning
Administrator approval of additions under500 square feet but requires PlanningCommission approval of new buildings of anysize. Staff recommends reducing the level of review for a new accessory building under500 square feet so it is reviewed similar to anaddition of a similar size and potential impact. The changes also specify the buildingmust be under 50 percent of the primarybuilding’s floor area so it is accessory.

Currently, such a limit isn’t included. Lastly,the accessory building must be screenedfrom public rightͲofͲway. 11 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 7 56 17.16.110,
Nonresidential accessorybuildings,
historic
Development of
nonresidential accessory
buildings on the City’s listed of
designated historic structuresand landmarks. The buildings are screened from adjoining
public rightͲofͲway, where theproposed building has floor area less than or equal to 500
square feet and less than 50
percent of the primarybuilding’s floor area.

PCPlanning Commissionapproval of a Site Plan
Permit and CulturalHeritage Permit.

ZAReduces the level of review from Planning
Commission to Zoning Administrator approval of
a Cultural Heritage Permit. Currently, the Zoning
Code allows Zoning Administrator additionsunder 2,000 square feet but requires Planning Commission approval of new buildings of any
size. Staff recommends reducing the level ofreview for a new accessory building under 500square feet, smaller than an addition under 2,000 square feet allowed with Zoning
Administrator approval, and that has more
potential impact. The changes also specify thebuilding must be screened from adjoining publicrightͲofͲway and be under 50 percent of the primary building’s floor area so it is accessory.Currently, such a limit isn’t included. Lastly, theaccessory building must be screened from public rightͲofͲway.
12 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 8 56 17.16.110,
Residential
accessorybuildingsnew, historic
New residential accessory
buildings screened fromadjoining public rightͲofͲway
with less than or equal to 500
square feet and less than 50
percent of the primarybuilding’s floor area.

PCPlanning Commissionapproval of a CulturalHeritage Permit.

ZAReduces the level of review from Planning
Commission to Zoning Administrator approval of
a Cultural Heritage Permit. Currently, the ZoningCode allows the Zoning Administrator to act onadditions under 500 square feet but requiresPlanning Commission approval of new buildings of any size. Staff recommends reducing the levelof review for a new accessory building under 500square feet so it is reviewed similar to an addition of a similar size and potential impact.

The changes also specify the building must be
under 50 percent of the primary building’s floorarea so it is accessory. Currently, such a limitisn’t included. 13 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 9 33 17.16.095,
Accessorystructuresand exterior
changes, nothistoric
Types of structures and
exterior changes (numbering isconsistent with the list in proposed section 17.16.095):

1. Additions to Private
Recreational Facilities

2. Accessory Structures:

Other Minor

3. Awnings4. Chimneys and Metal Flues

5. Color and Finishes: Exterior

6. Decks or patios7. Doors8. Driveways/Paving/Minor
Site Work

9. Fences

11. Landscape Alterations

12. Lighting: Exterior13. Mechanical Equipment:

General

14. Mechanical Equipment:

Rooftop

15. Porches16. Roofs (and “Reroofs”)17. Sheds or spas
City PlannerCity Planner approval ofa staff waiver of a MinorArchitectural Permit.

City PlannerReplaces staff waivers of Minor ArchitecturalPermits and Minor Cultural Heritage Permits witha new permit type, Administrative Development Permits. Administrative Development Permits
are an administrative approval process of minorprojects requiring design review in theArchitectural Overlay that are adjacent to, orinvolve, historic structures and nonresidentialproperties; these modifications would addgeneral standards, projectͲspecific standards,and change the types of projects and circumstances which would be eligible for staffͲ
level approval, subject to appeal, with all permitsdisclosed publicly for transparency.

Currently, there is a broader category of projects
eligible for administrative approval. This wouldbe replaced with lists of types of projects thatmay be approved by staff if those projects meetgeneral and projectͲspecific standards (e.g., projects that won’t affect characterͲdefiningfeatures of historic structures, such as a privacyfence constructed of certain materials). The City Planner would have discretion to require a public
hearing depending on the level of public concernanticipated for a project. 14 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 9 Same as
above

18. Sidewalk Seating and
Enclosures for CommercialOutdoor Dining Areas

19. Skylights20. Trellises, pergolas, or
arbors

21. Walls22. Windows
Same as above (continued from above)
The proposed changes are streamlining because
the process would be more objective. This
reduces the time, paperwork, and record
keeping for the public and staff to process these
minor projects. There would be no need to draft
findings, conditions of approval, and have the
applicant sign forms. There could be a simpler
application with less work to complete. This freesup time for other tasks such as plan review or public hearing projects.Planning Commission changes:

The Planning Commission revised several criteria
and did not support staff’s proposal to allow thefollowing to be approved by staff versus thePlanning Commission:1. The development and expansion of a singleͲ family dwelling or duplex across a street andabutting the City’s designated historicresources and landmarks list, in which thebuilding has at minimum: i) a fiveͲfoot frontsetback between the first and second floors; and ii) a 30Ͳfoot front setback for buildingheight above the tallest roofline of historicbuildings;

2. The development or expansion of three of
more dwellings on a site separated morethan 120 feet, up to 300 feet, and at least two parcels from residentially zoned
buildings on the City’s historic resources andlandmarks list. 15 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 10 33 17.16.095,
Accessorystructuresand exterior
changes,historic
Types of structures and
exterior changes (numbering isconsistent with the list in proposed section 17.16.095):

2. Accessory Structures:

Other Minor (six feet high
maximum, screened from
public rightͲofͲway and aredetached)

3. Awnings4. Chimneys and Metal Flues
(limited to improving
historic integrity)

5. Color and Finishes: Exterior

6. Decks or patios (screened
from public rightͲofͲwayand detached)

7. Doors (rehabilitate and
repair unless this cannotbe done)

8. Driveways/Paving/Minor
Site Work (providingaccess to entrances, exits,patios, courtyards, and utility pathways)

9. Fences (not in yards
adjacent to streetfrontages)
City PlannerCity Planner approval ofa staff waiver of a MinorCultural HeritagePermit.

City PlannerReplaces staff waivers of Minor Architectural Permits and Minor Cultural Heritage Permits witha new permit type, Administrative DevelopmentPermits. Administrative Development Permits are an administrative approval process of minor
projects requiring design review in theArchitectural Overlay that are adjacent to, or involve, historic structures and nonresidential
properties; these modifications would add
general standards, projectͲspecific standards,and change the types of projects andcircumstances which would be eligible for staffͲ level approval, subject to appeal, with permitsdisclosed publicly for transparency.Currently, there is a broader category of projects eligible for administrative approval. This wouldbe replaced with lists of types of projects that may be approved by staff if those projects meet
general and projectͲspecific standards (e.g.,
projects that won’t affect characterͲdefining
features of historic structures, such as a privacyfence constructed of certain materials). The City Planner would have discretion to require a public
hearing depending on the level of public concernanticipated for a project. 16 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 10 Same as
above

10. Historic Resources, Minor

11. Landscape Alterations
(except landscaping onhistoric survey as a
contributor to a resource’s
significance)

12. Lighting: Exterior13. Mechanical Equipment:

General

14. Mechanical Equipment:

Rooftop (fully screened
from public view)

16. Roofs (and “Reroofs”)17. Sheds or spas18. Sidewalk Seating and Enclosures for CommercialOutdoor Dining Areas

19. Skylights (over nonͲoriginal
building areas)

20. Trellises, pergolas, or
arbors (screened from
public rightͲofͲway)

21. Walls22. Windows
Same as above (continued from above)
The proposed changes are streamlining becausethe process would be more objective. This reduces the time, paperwork, and record
keeping for the public and staff to process these
minor projects. There would be no need to draft
findings, conditions of approval, and have the
applicant sign forms. There could be a simpler
application with less work to complete. This freesup time for other tasks such as plan review orpublic hearing projects. 17 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 11 74 17.36.020,
Commercialzone uses for
alcoholservice,amusementcenters,bowlingalleys, poolhalls, andtheaters Requests to establish uses foralcohol service, amusement centers, bowling alleys, pool
halls, and theaters.

1. ZA
ZoningAdministrator
approval of a MinorConditional UsePermit for beer andwine with food service indoors.

2. PC
PlanningCommissionapproval of a
Conditional UsePermit to allow
amusement centers,bowling alleys, pool
halls, and theaters.

1. Staff
Reduces level of review to staff for allowance
of beer and wine onͲsite indoors with food
service without a public hearing.

2. ZA
Reduces level of review to ZoningAdministrator approval of a MinorConditional Use Permit, allowing amusementcenters, bowling alleys, pool halls, and theaters.
18 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 12 78 17.40.040,
Mixed zoneuses, alcohol
service andresidentialaccessory
buildings

1. Alcohol service indoors
with food service at
restaurants, event and
entertainment venues,lodging facilities; and

2. Residential accessory
buildings over 15 feet inheight in Mixed Use 3.1,

3.3, and 5 zones.

1. ZA
ZoningAdministratorapproval of a MinorConditional UsePermit for beer and wine with food
service indoors.

2. PC
PlanningCommissionapproval of aConditional UsePermit to allowdetached residentialaccessory buildingsover 15 feet inheight in the MixedUse 5 zone only.

1. Staff
Reduces level of review to staff for allowanceof beer and wine onͲsite indoors with food service without a public hearing.

2. Staff
Reduces the level of review to staff forspecific circumstances. This would allowdetached residential buildings up to theheight of the zone if the building meetsrequired setbacks for the primary structure.This would apply to the Mixed Use 3.1 (MU3.1), MU 3.3, and MU 5 zones where stan alone residential uses are allowed, like aresidential zone. 13 87 17.64.110,
OffͲsite
parking fornonresidential uses
Provide requirednonresidential use parkingoffsite within a certain distance of the use with a
recorded agreement.

PCPlanning Commission ofa Conditional UsePermit.

ZAZoning Administrator approval of a Minor
Conditional Use Permit. Also, the maximum for
parking offͲsite would be increased to 1,000
square feet. This was a City Council directive for
the prior parking studies in North Beach and theDowntown. 19 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 14 87 17.64.110,
Sharedparkingnonresidential andmixedͲuseprojects
Share private parking facilities
between multiple uses in
nonresidential and mixedͲ
zones when peak operatinghours are offset.

PCPlanning Commission ofa Conditional UsePermit.

ZAZoning Administrator approval of a Minor
Conditional Use Permit.
15 65 17.16.250,
Signage
Requests to allow various
signage exceeding a sign area
or number of signs to requirepublic hearing approval.

PCPlanning Commission
approval of aDiscretionary SignPermit
ZAZoning Administrator approval, except signage
proposed in the Architectural Overlay,freestanding signs, and Master Sign Programs for new development. In these instances, the
signage would continue to be reviewed by the
Planning Commission.Planning Commission changes:

Initially, staff proposed designating the ZoningAdministrator for signage decisions, exceptsignage proposed in conjunction withdevelopment. The Planning Commission alsoadded exceptions for the Architectural Overlayand freestanding signs. 20 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) 16 91 17.28.300,
Temporaryuses and
structures,seasonalholiday salesand
nonresidential specialactivities
Requests to allow: 1) seasonalholiday sales like Christmas tree lots and pumpkin sales,
and 2) nonresidential special
activities. A special activity ison private property
(commercial or nonͲcommercial) within any zoning
district which temporarilyintensifies the impacts of apermitted use, such as art shows, open houses, grand
openings, circus/carnivals,
food truck and/or musicfestivals, promotion,
entertainment, fireworkdisplays, tent sales, farmersmarkets.

1. For seasonal and
holidays sales,
activities are limitedto 45 days per yearwith a Temporary Use Permit, like
Christmas tree lots.

2. A Special Activity
Permit is allowed topermit anonresidentialspecial activity. TheZoning Code isambiguous onwhether staff canapprove a oneͲdayevent per year ormore than one, upto 15 days per year.As a result,businesses havebeen limited to aoneͲday event per year with staffapproval. No publicnotification isrequired. A ZoningAdministrator decision has beenrequired to allowevents that involve 2to 15 days per year.

The Planning Commission recommended thesechanges through the hearing process.1. For seasonal holiday sales, the ordinance would increase the allowance for sales from
45 days to 55 days with a Temporary Use
Permit.

2. For special activities, the changes would
clarify code requirements and allownonresidential uses to have oneͲday or twoͲday special events, up to 15 total days in acalendar year with the approval of aTemporary Use Permit. Special activities that are three or more consecutive days wouldcontinue to require a Zoning Administratordecision. There must be five days betweenevents and special activities fornonresidential uses in residential or mixedͲuse zones would require public notificationmailings to property owners within 300 feetof an event site. This would allow businessesto have shorter multiple oneͲorͲtwo dayevents with staff review, while ensuringsurrounding properties are notified when events are in proximity to residential uses.Staff could consider the success of eventswhen considering a repeat event. The CityPlanner may forward special activities to theZoning Administrator if warranted. 21 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes Changes to General Procedures17 7 17.12.040,
Filing an
Application
The changes update story pole
requirements. The ZoningCode allows the City to require story poles, other visual
analysis tools, or otherinformation as needed to
review a project
Story poles arerequired to allow three
story projects in the
Architectural Overlay
or projects withpotential to affectpublic view corridors inthe Coastal Zone.

When story poles arerequired, the Zoning
Code currently requiresconnecting thickcolored lines or pennants, whichaccurately represent
“the full extent of theproposed structure,including decks andeaves, shall beconstructed.” This isambiguous, oftenleading to installationswith many poles thatare costly and can bechallenging to visualize.

The Planning Commission recommended these
changes through the hearing process.Rather than require story poles automatically,the proposed changes make it so story poles “may be required” as one of several tools toevaluate visual impacts, but emphasizes storypoles are more likely to be required for coastalview corridors and larger projects in theArchitectural Overlay. Also, the changes adds text to clarify how story poles should beinstalled: “the outermost corners of thebuilding’s roof area and along the tallest roofridgelines or peaks, or other areas necessary toevaluate visual impacts at the discretion of theCity Planner or Review Authority.” This wouldreduce the number of story poles to what is needed to define the outermost profile of thebuilding, while providing some discretion ifneeded. The City Planner shall have finalapproval authority over the location of the storypoles to ensure that they do not detrimentallyimpact the public or the then current use of theproperty. 22 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 18 12 17.12.060,
Generalprocedures,Referrals tohigher level
If a project has potential for
significant public impact or
concern, this section identifiesauthority to refer such projects to a higher public
hearing level for moretransparency, group
committee decisions, and
public participation.

The City Planner may
refer items to theZoning Administrator.

Allows the City Planner to also refer items to the
Planning Commission if warranted. This could
streamline a review process in a situation wheresignificant public concern is expected. By forwarding to a higher level early, it reduces
potential for a multiple hearing process withappeals.Planning Commission changes:

The Planning Commission did not support staff’s
proposals to allow the Zoning Administrator to
refer projects to the City Council, PlanningCommission referrals to the City Council, or adda means for the City Council to waive Planning Commission review by a majority vote.
23 TABLE 1ͲPROPOSED ZONING STREAMLINING (dated June 7, 2023) Item Page # Redline Section & Subject Description Existing Process Proposed Changes 19 13 17.12.065,
Withdrawalof InactiveApplications
Modifies the process for City
withdrawal inactiveapplications
Currently, the City must
send a certified letterthat gives an applicant
90 days notice an
application could bewithdrawn and then
gives another 90 days to
submit requestedmaterials or funds thatwere described in anincomplete letter. If materials aren’treceived by thatdeadline, the City may
withdraw the inactiveapplication
The proposed amendments change this process
so that the incomplete letter specifies a timeline
for submitting requested items or the applicationis inactive and subject to withdrawal. Thetimeline is six months unless an alternatetimeframe or an extension is granted by the City Planner. An extension requires the applicant to
submit a letter prior to the timeline, explaining
the reasons for the inactivity. The City Planner
may grant an extension if a finding is made that
there were unusual circumstances preventingthe applicant from resubmitting the applicationwithin the timeframe. The extension would specify a certain timeline to submit the materials
necessary to resume the review process. Thesechanges simplify the process to close inactiveprojects, reducing work time taken away fromother projects in order to contact applicants fornecessary materials or funds to continue thereview processPlanning Commission changes:Initially, staff had a proposal to reduce the 90day periods to 30 days and allow other forms of written correspondence to notify applicants ofinactive applications. The Planning Commissionfavored giving six months for the process withoptions to deviate in special circumstances 24 TABLE 2 – APPLICATION CONSOLIDATION
(dated June 7, 2023) Item Page # Redline Section (Proposed) Existing Application Proposed Application 1 33 17.16.095,
AdministrativeDevelopmentPermit
Staff Waiver of Minor Architectural
Permit or Minor Cultural Heritage
Permit.The City Planner may approve a staffwaiver of a Minor Architectural Permitor Minor Cultural Heritage Permit to allow minor architectural changes. The
application that functions as a permit
rather than a waiver. There are approval
findings, an ability to add conditions, andtypes of eligible projects, including anoverly broad category: “Other minor projects that do not substantially alterthe visual appearance and/orarchitectural integrity of the property or structure.”
Administrative Development Permit.The staff waiver application is replaced with a new “Administrative Development Permit.” The City Planner
would no longer make discretionary findings to make adecision on a project. For approval, projects must meet newobjective general and projectͲspecific standards to meet State law for staff level permits. The new general standardsaddress design issues, such as architectural style, materials,colors, massing, scale, and historic considerations. The projectͲspecific standards are additional objective criteriafor eligible projects, such as criteria for materials, size,height, etc. Projects that don’t meet criteria would require apublic hearing. Also, the City Planner would retain authorityto refer applications to a public hearing if they determine aproposal has the potential for significant public concern or impacts.The use of objective standards reduces subjectivity andprobability of errors for decision making. Also, the changesreduce the time, paperwork, and record keeping for thepublic and staff to process these minor projects. Therewould be no need to draft findings, conditions of approval,and have the applicant sign extra forms. There could be a simpler application with less work to complete. This frees uptime for other tasks such as plan review or public hearing projects.
25 TABLE 2 – APPLICATION CONSOLIDATION
Item Page # Redline Section (Proposed) Existing Application Proposed Application 2 44 17.16.100,
DevelopmentPermit
Minor Site Plan Permits, Site Plan
Permits, Minor Architectural Permit
Architectural Permits, Minor Cultural
Heritage Permit, and Cultural Heritage
PermitsThese applications are required to allow
various development, such as
nonresidential development,development of five or more residential units, projects on properties in the
Architectural Overlay district, and
projects on residential properties
adjacent to historic structures.

The Zoning Administrator makes
decisions on Minor Site Plan Permits,
Minor Architectural Permits, and MinorCultural Heritage Permits. The PlanningCommission considers Site Plan Permits,Architectural Permits, and CulturalHeritage Permits.

Development Permit.
“Development Permit” is a new application that
consolidates applications with similar findings: Minor Site Plan Permits, Site Plan Permits, Minor Architectural Permits,and Architectural Permits. Also, Development Permitswould be required for several projects instead of a MinorCultural Heritage Permit or Cultural Heritage Permit that do not involve historic resources. This includes projects in theArchitectural Overlay district, singleͲfamily and duplex sites abutting historic resources, and sites with triplexes or moreunits within 300 feet of residentially zoned historicresources. The Ordinance adds a table that lists projecttypes subject to the permit and specifies what level of review is required for each project type. If a project requires review for more than one reason, a decision would be made by the highest review body for what is requested.
26 TABLE 2 – APPLICATION CONSOLIDATION
Item Page # Redline Section (Proposed) Existing Application Proposed Application 3 56 17.16.110,
CulturalHeritagePermits
Minor Site Plan Permits, Site Plan
Permits, Minor Cultural Heritage
Permits, and Cultural Heritage Permits.

These permits are required to allow
projects involving historic structures. The
Zoning Administrator makes decisions on
Minor Site Plan Permits and Minor
Cultural Heritage Permits. The Planning
Commission considers Site Plan Permits
and Cultural Heritage Permits.

Cultural Heritage Permits.Cultural Heritage Permits are repurposed to focus entirelyon reviewing projects involving sites on the City’s designated list of historic resources, excluding exemptions and minor projects eligible for an Administrative
Development Permit. Unless historic resources are involved, Cultural Heritage Permits would no longer be required for projects in the Architectural Overlay area or abutting
historic or adjacent to historic resources. That would now be the role of the Development Permits process with
different findings and policy focus. Similar to DevelopmentPermits, the Ordinance adds a table that lists project typessubject to the permit and specifies what level of review is required for each project type. If a project requires review for more than one reason, a decision would be made by thehighest review body for what is requested. 4 91 17.16.150,
Temporary Use
Permits
Special Activity Permits.This permit is required to allow a nonresidential special activity on private
property that temporarily intensifies the
impacts of a permitted use.

Temporary Use Permits.The Ordinance consolidates Special Activity Permits into Temporary Use Permits that are required for other
temporary special activity type uses such as holiday
seasonal sales and parking lot sales.
27 Redline Zoning Amendments ATTACHMENT 2

MINOR CLEAN UP REVISIONS
Staff made minor clean up revisions to the proposed zoning amendments since the June 7, 2023 Planning Commission’s action to recommend City Council adoption of the proposed Ordinance. These minor clean up amendments are limited to Sections 14 and 15 of this attachment.

SECTION 1. Section 17.12.020 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.020 Review Authorities.

This section identifies the review authorities responsible for making decisions on applications required by the Zoning Ordinance.

A. City Council. Refer to Chapter 2.04 for a description of the City Council's function, duties, and powers.

B. Planning Commission. Refer to Chapter 2.32 for a description of the Planning Commission's function, duties, and powers.

C. Zoning Administrator. Refer to Chapter 2.34 for a description of the Zoning Administrator's function, duties, and powers.

D. The Planning Division.

1. Duties. The Planning Division is responsible for the administration of the Zoning Ordinance, including the following functions:
a. Application Process. The Planning Division shall process applications consistent with goals and policies in the General Plan and the Zoning Ordinance. If a project is located in a Specific Plan area, then applications shall also be processed consistent with the Specific Plan. If the application is in the coastal zone, then the application shall be processed consistent with the goals and policies of the Coastal Land Use Plan (CLUP). b. Public Information. The Planning Division shall have the responsibility to provide information to the public on provisions and requirements ofin the Zoning Ordinance. c. Coordination. The Planning Division shall be responsible for coordinating matters related to the administration of this title with other agencies, City departments and divisions, and City boards and commissions. The Planning Division participates in the Development Management Team (DMT), which is a group of City staff from various departments and staff from other agencies (e.g., the Orange County Fire Authority) that meets regularly to coordinate on the review of applications for completeness, consistency with requirements, guidelines, and policies. The DMT also makes non‐ binding recommendations to the applicable review authority. Unless required by this Title, the City Planner has discretion on whether to bring an application to the DMT for review and a recommendation.
d. Application Status Updates. The Planning Division shall provide information to applicants and interested parties on the status of applications. 28 Redline Zoning Amendments   Page 2
E. Designated Powers.Review Authority for Required Approvals. Please rRefer to Table 17.12.020, Review Authority for Permits or Entitlements and Entitlements, for the review authority designated to act upon a list of applications reviewed and acted upon by the City Planner. required by this Title, according to procedures described in Section 17.12.060.  The City Planner may refer applications to the Zoning Administrator for review and final action. Table 17.12.020 ‐
Review Authority for Permits and or Entitlements
Permit Application Final Review Authority1 Process Levels in Section 17.12.060
Public
Hearings
Administrative Development
Permit
City Planner Process 1 No
Administrative Sign Permit City Planner Process 1 No
Architectural Permit/Cultural
Heritage Permit
See Table

17.16.110Planning
Commission
Process 2 for
Zoning Administrator
decisions.

Process 3 for
Planning
Commission.

Yes
City Antenna Permit   City Manager   Process 1 No
Coastal Review In‐Concept City Planner   Process 1 No
Conditional Use Permit   Planning Commission,
except height for actions
on exceptions to height
limits of theexceptions in
MU 3.0 and MU 3.3
zonesthat require City
Council approval. The City
Council is the review
authority for such height
exceptions
Process 3 for Planning
Commission decisions.

Process 4 for City
Council.

Yes
Demolition of Historic
Properties
City Council Process 5 Yes
Designation of Historic
Resources and Landmarks
City Council Process 5 Yes
Development Agreements   City Council   Process 5 Yes
Development Permit See Table 17.16.100 Process 2 for Zoning Administrator
decisions. Process 3
for Planning
Commission.

Yes
Discretionary Sign Permit See Section 17.16.250 Process 2 for Zoning Administrator
decisions. Process 3
for Planning
Commission.

Yes
29 Redline Zoning Amendments   Page 3
General Plan Amendment   City Council   Process 5 Yes
Historic Property Preservation
(Mills Act) Agreements
City Council Process 4 Yes
Home Occupation Permit   City Planner   Process 1 No
Interpretations
Interpretations, Minor   City Planner   Process 1 No
Interpretations, Major   Planning Commission   Process 3 No Yes Minor Architectural
Permit/Minor Cultural Heritage
Permit
Zoning Administrator   Yes
Staff Waiver   City Planner   No
Minor Conditional Use Permit   Zoning Administrator   Process 2 Yes Minor Exception Permit   Zoning Administrator   Process 2 Yes Short‐Term Lodging Unit
Zoning Permit
City Planner Process 1 No
Short‐term Apartment Rental Zoning Administrator Process 2 Yes Minor Site Plan Permit   Zoning Administrator   Yes
Special Activities Permit City Planner Process 1 No
Specific Plan Amendment   City Council   Process 5 Yes
Temporary Use Permit   City Planner   Process 1 No
Tentative Parcel Map See Municipal Code Title 16 Yes
Tentative Tract Maps See Municipal Code Title 16 Yes
Variance   Planning Commission   Process 3 Yes
Waiver of Development
Standards for Historic
Resources and Landmarks
Planning Commission Process 3 Yes
Wireless Permit   City Planner   Process 1 No
Zoning Amendment   City Council   Process 5 Yes
1 Refer to Section 17.12.090, Consideration of Concurrent Applications, regarding review of concurrent applications.

SECTION 2. Section 17.12.025 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.025 ‐ Design Review Subcommittee.

This section describes the Design Review Subcommittee's function, duties, and applications that may require design review.

A.   Function and Duties.

The Design Review Subcommittee is an advisory body, not an approval body. The Subcommittee advises applicants on how projects can best comply with policies and design guidelines that relate to various visual impact issues, such as site planning, architecture, landscaping, and the preservation of cultural and aesthetic resources. The policies and guidelines are contained in various planning documents, such as the General Plan, Design Guidelines, Specific Plans (when projects are located in a Specific Plan area), Zoning Ordinance, and Coastal Land Use Plan. 30 Redline Zoning Amendments   Page 4
The Design Review Subcommittee does not focus on land use issues, which are the purview of the review authority. The Design Review Subcommittee forwards a recommendation to the review authority that acts upon a project. For sites on the City’s designated historic structures and landmarks list, the Design Review Subcommittee (DRSC) functions as the Cultural Heritage Subcommittee (CHSC). The CHSC has similar duties as the DRSC but with added emphasis on historic resource preservation.

B.   Referrals to the Design Review Subcommittee.

The review authority may refer applications to the The City Planner and review authority may refer projects to the Design Review Subcommittee if not required otherwise by Chapter 17.16 for specific applications.

C.   Applications that May Require Design Review Subcommittee Review.

Table 17.12.025 identifies applications that may require projects to be reviewed by the Design Review Subcommittee. For each application shown below, the table provides examples of common design issues reviewed by the Design Review Subcommittee.

Table 17.12.025 ‐ Applications and Design Review Process Application
Zoning
Ordinance
Code
Section
No.

DRSC review
Examples of design issues
reviewed by Design Review
Subcommittee
Administrative
Development
Permit

17.16.095 City Planner
discretion.

Issues similar to those listed for Cultural
Heritage Permits and Development Permits
City Antenna
Permit

17.16.130 Required. Aesthetics of new wireless antennas on City property
Conditional
Use Permit

17.16.060 Required for new
antenna projects and
exceptions to
development
standards.

Design, scale, materials, and massing of
certain development projects, such as new
wireless antennas and density bonus requests
for eligible housing projects. Visual impacts of
requests for height increases and limited
exceptions to other development standards
Cultural
Heritage Permit

17.16.110 Required.  Refer to
Section 17.16.110.

Preservation and restoration of historic
resources and landmarks, site planning,
setbacks, compatibility and relationships with
31 Redline Zoning Amendments   Page 5
adjacent development, and architectural
design issues, such as architectural quality
and style, massing, scale, proportions,
landscaping, materials, design features, and
visual impacts on aesthetic resources
Designation of
Historic Resources
and  Landmarks

17.16.160   Required.   Designation of historic resources and landmarks
Development
Permit

17.16.100   Required   Refer to
Section 17.16.100.

Site planning, parking lot design, setbacks,
compatibility and relationships with adjacent
development, and architectural design issues,
such as design quality and style, massing,
scale, proportions, landscaping, materials,
design features, visual impacts on aesthetic
resources and adjacent historic resources
Discretionary Sign
Permit

17.16.250 Required. Design, scale, materials, location, and other visual aspects of signs that require a public
hearing process
Historic  Property
Preservation (Mills
Act) Agreement

17.16.175   Required.   Design, scale, materials, location, and other visual aspects of improvements to preserve
and restore historic resources
Site Plan
Permit

17.16.050   Required   Site planning, parking lot design, setbacks, compatibility and relationships with adjacent
development
Minor Site Plan
Permit

17.16.050   City Planner
determination
Similar issues as Site Plan Permit
Conditional
Use Permit

17.16.060   Required for
new antenna
projects and
exceptions to
development
standards
Design, scale, materials, and massing of
certain development projects, such as new
wireless antennas and density bonus requests
for eligible housing projects. Visual impacts of
requests for height increases and limited
exceptions to other development standards
Variance   17.16.080   Required.   Visual impacts of development standard exceptions
Architectural
Permit

17.16.100   Required   Architectural design issues, such as architectural quality and style, massing, scale,
proportions, landscaping, materials, design
32 Redline Zoning Amendments   Page 6
features, visual impacts on aesthetic
resources
Minor
Architectural
Permit

17.16.100   City Planner
determination
Similar issues as Architectural Permit
Cultural
Heritage Permit

17.16.100   Required   Preservation and restoration of historic resources and landmarks. Visual impacts of
projects on nearby historic resources and
landmarks. Architectural design issues, such
as architectural quality and style, massing,
scale, proportions, landscaping, materials,
design features, and visual impacts on
aesthetic resources
Minor Cultural
Heritage Permit

17.16.100   City Planner
determination
Similar issues as Cultural Heritage Permit
City Antenna
Permit

17.16.130   Required   Aesthetics of new wireless antennas on City property
Designation of
historic
resources and
landmarks

17.16.160   Required   Designation of historic resources and landmarks
Historic
Property
Preservation
(Mills Act)
Agreement

17.16.175   Required   Design, scale, materials, location, and other visual aspects of improvements to preserve
and restore historic resources
Discretionary
Sign Permit

17.16.250   Required   Signage design, size, materials, lighting, visual impacts
Sign Exception
Permit   17.16.260   Required   Visual impacts of sign standard exceptions SECTION 3. Section 17.12.040 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.040 Filing an Application.

A. Persons Who May File an Application (or Pre‐application). Unless otherwise specified, an application required or permitted by this title will only be accepted if signed by the owner of the subject property or by the property owner's authorized agent. When the property owner's authorized agent submits an application, the application must be accompanied by written 33 Redline Zoning Amendments   Page 7
authorization from the property owner. If the property for which an application is submitted is in more than one ownership, all the owners or their authorized agents must either sign the application or submit a written, signed document indicating their consent to the application.

B. Application Forms. Unless indicated otherwise by Chapter 17.16, Applications, of this title, applications required or authorized by this title shall be submitted to the Planning Division and shall include forms and any other materials, reports, dimensioned plans or other information required by the application checklist available from the Planning Division. If a public hearing is required prior to issuance or approval of the application, all public notification materials required by Table 17.12.100, Public Hearing Requirements, must be included with the application. It is the responsibility of the applicant to ensure that all required information is provided.

C. Fees. The City Council shall, by resolution, establish and amend from time to time a schedule of fees for applications required or authorized by Chapter 17.16, Applications, of this title. Applicants shall pay the fees and costs for processing applications when the application is filed with the Planning Division. The purpose of the application fees is to reimburse the City for all costs incurred as the result of its administration of the provisions of this title.

D. Waiver of Fees. For special circumstances, the City Council may waive or reduce the application fees established by resolution of the City Council, based on the merit of the request. Waiver of fees shall be approved prior to application submittal. The applicant must file a request for waiver of fees with the City's Planning Division. The letter shall explain the reasons for the request for a waiver. The Planning Division shall forward the letter requesting a waiver of fees to the City Council for their review at the next regularly scheduled City Council meeting at which time the request can be agendized under New Business.

E. Supplemental Information. The City Planner, or review authority, may request the applicantsubmit information to clarify, correct, or otherwise supplement submitted information beyond that originally submitted in the course of processing the application should he or she find that additional information is necessary to adequately review a request. Such a request shall not invalidate the original determination that the application was complete at the time the determination was originally made. Supplemental information may include, but is not limited to, visual analysis tools such as story pole staking, photo simulations, and models. Such a request shall not invalidate the original determination that the application was complete at the time the determination was originally made. Projects with added concern for visual impacts are more likely to require story poles that include construction or expansion of three story structures in the Architectural Overlay district and structures with the potential to affect public view corridors from public places in the Coastal Overlay zone.

1.   Story Pole Staking. Specific Projects that Require Story Pole Staking. At minimum, story pole staking is required for the construction or expansion of structures with the potential to affect public view corridors from public places in the Coastal Overlay zone, regardless of number of stories, and the construction or expansion of three story structures in the Architectural Overlay district.

2. Story Pole Exemption for Time Extensions. Time extensions are exempt from story pole staking, unless the City Planner or review authority determines story poles are necessary.

Certification of Visual Analysis Tools. When visual analysis tools are required, the accuracy of the materials shall be certified by a licensed architect or engineer prior to scheduling the first public hearing for a project.
34 Redline Zoning Amendments   Page 8

32. Story Pole Installation Requirements. When story poles are required, they shall be erected at least 14 calendar days prior to the first public hearing or meeting on the Project, as determined by the City Planner, except that the approval authority shall have discretion to require that they be erected earlier, but not to exceed 28 calendar days prior to the hearing.

The following must be completed for a site to be deemed to have been properly staked with story poles:
a. Story poles and connecting thick colored lines or pennants, which accurately represent the limits of the proposed structure’s envelope. This includes the outermost corners of the building’s roof area and along the tallest roof ridgelines or peaks, or other areas necessary to evaluate visual impacts at the discretion of the City Planner or Review Authority. The City Planner shall have final approval authority over the location of the story poles to ensure that they do not detrimentally impact the public or the then current use of the property; and
b. A staking plan with the location and height of the story poles must be certified as accurate by a registered land surveyor or registered civil engineer. If a complete and certified staking of story poles for a project is not in place in the time required, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles.

43. Story Pole Re‐certification. Re‐certification is required at least 14 calendar days prior to the first public hearing as described above in 2. Requirements, in the following instances:
a. If the project is modified during the design review process requiring the project to be re‐ staked; and/or
b. If the initial installation of story poles was completed one year prior to the final hearing date.

54. Story Pole Removal. A deposit in the amount the City Planner determines to be reasonably necessary to remove the story poles shall be made prior to the time the project is scheduled for public hearing. Story polesshall be removed by the applicant within 20 calendar days after the appeal period for the project has expired. Upon timely removal of the story poles, the deposit shall be returned to the applicant. The applicant's failure to remove the story poles within the prescribed time period shall result in the automatic forfeiture of the deposit, and the City shall have the ability to access the site to remove the poles. Story poles must be removed if a project has been inactive for a period longer than six months. Story pole placement shall be photo‐documented from viewpoints determined by the City Planner to document size, mass, height, and scale, and shall be submitted to [be] retained by the City with the project file. Prior to the first public hearing on the project, the applicant shall grant to the City a written right of entry for purposes of pole removal.

SECTION 4. Section 17.12.050 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:
35 Redline Zoning Amendments   Page 9

17.12.050 Application Completeness.

A. Review for Completeness. The Planning Division shall determine the completeness of an application within the time period specified by State law,( Government Code Section 65943), after receiving a submitted application and associated information. No application shall be processed pursuant to this title until prior to the determination by the Planning Division determinesthat the application is complete. If the Planning Division fails to make a determination as to completeness of an application or resubmitted application within the time period specified by State law, (Government Code Section 65943), the application shall be automatically deemed complete and processed pursuant to the provisions of this title.

B. Complete ApplicationsApplicant Notification. If an application is deemed complete, the Planning Division shall notify the applicant in writing. The application shall then be processed pursuant to the provisions of this title.

C. Incomplete Applications. If an application is deemed incomplete, the Planning Division shall notify the applicant in writing, outlining the reason(s) for the determination and the information necessary to complete the application. The letter shall also indicate that in the event the applicant does not wish to resubmit the application, a request can be made to the Planning Division within 90 days of the date of the letter for a refund of unused fees. Fees not requested for refund within this 90‐day period shall be forfeited to the City.

D. Resubmitted Applications. The Planning Division shall determine in writing the completeness of the resubmitted application within the time period specified by State law, Government Code Section 65943, and transmit the determination to the applicant in the manner provided in Subsection (C) of this section.

E. Failure to Determine Completeness. If the Planning Division fails to make a determination as to completeness of an application or resubmitted application within the time period specified by State law, Government Code Section 65943, the application shall be automatically deemed complete and processed pursuant to the provisions of this title.

SECTION 5. The former Section 17.12.080 of the San Clemente Municipal Code is hereby re‐numbered to Section 17.12.055 and is amended to read in its entirety as follows:

17.12.080 055 Environmental Review.

All applications will be reviewed by the Planning Division for compliance with the California Environmental Quality Act (CEQA). No application shall be approved pursuant to this title prior to the completion and/or certification of applicable environmental documentation required by CEQA.

Applications shall be processed within the time limits prescribed in CEQA (Government Code Section 65920 et seq.).

SECTION 6. The existing provisions of Section 17.12.060 of the San Clemente Municipal Code are hereby struck and replaced with the following:

17.12.060 Decision Process
Application for permits or other matters shall be acted upon in accordance with one of the five decision processes established shown on Figure 17.12.060.A, except for capital improvement program projects.

The subject matter of the development application determinesthe processthatshall be followed for each application. The provisions of Chapter 17.16 that pertain to each permit, map, or other matter describe 36 Redline Zoning Amendments   Page 10
the decision process in more detail. Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee.

Figure 17.12.060.A is provided for convenience of reference only and does not define, describe, or limit the scope, meaning, or intent of any provision of this Title. This diagram describes the City of San Clemente’s processes only, not decision processes that may be required by other agencies such as the California Coastal Commission.

Figure 17.12.060.A, Decision Processes
Process 1 – Staff Decision Without Notice
Application
Submitted
Staff Level
Review
Staff Decision   Appeal to
Planning
Commission
(hearing)

Process 2 – Zoning Administrator Decision
Application/
Plans
Submitted
Staff Level
Review
Zoning
Administrator
Hearing
Appeal to City
Council
(hearing)

Process 3 – Planning Commission Decision
Application
Submitted
Staff Level
Review
Planning
Commission
Hearing
Appeal to City
Council
(hearing)

Process 4 – City Council Decision
Application
Submitted
Staff Level
Review
City Council
Hearing
(decision final)

Process 5– City Council Decision with Planning Commission Recommendation Application
Submitted
Staff Level
Review
Planning
Commission
Recommen‐
dation Hearing
City Council
Hearing
(decision final)

* Depending on the proposal, the review process may also require review by an advisory body such as the Design Review Subcommittee or Cultural Heritage Subcommittee.

A. Process One – Staff Decision Without Public Hearing
A Process One decision on an application may be approved or denied by a City staff person specified in Table 17.12.020 or their designee. A public hearing will not be held. A decision may be appealed to the Planning Commission according to Section 17.12.140. 37 Redline Zoning Amendments   Page 11
B. Process Two – Zoning Administrator Decision
A Process Two decision on an application shall be made as follows:

1. Decision Process. The Zoning Administrator may approve, conditionally approve, or deny the application at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Appeals. The Zoning Administrator’s decision may be appealed to the City Council according to Section 17.12.140.

C. Process Three – Planning Commission Decision
A Process Three decision on application shall be made as follows:

1. Decision Process. The Planning Commission may approve, conditionally approve, or deny the application at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Appeals. The Planning Commission’s decision may be appealed to the City Council according to Section 17.12.140.

D. Process Four – City Council Decision

1. A Process Four decision on an application may be approved, conditionally approved, or denied by the City Council at a public hearing.

2. Public Notification. Notice of a public hearing shall be provided according to Section 17.12.100 with necessary materials provided by an applicant.

3. Ability to Act as Review Authority for a Lower Level Process.

The City Council by majority vote may decide to serve as the Review Authority for any applications that require a lower level Process according to Table 17.12.020.

E. Process Five – City Council Decision with Planning Commission Recommendation A Process Five decision on an application shall be made by the City Council as follows:

1. Planning Commission Recommendation.

Before the City Council decision, the Planning Commission shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The hearing may be continued if desired by the Commission to solicit and obtain information needed to make a recommendation. However, the hearing shall be concluded no later than 60 calendar days after the initial hearing date. At the conclusion of the public hearing, the Planning Commission shall make a written recommendation to the City Council to approve, conditionally approve, or deny the application. If the Planning Commission fails to act within this 60‐day period the matter shall proceed to City Council without a recommendation.

2. Decision Process.
38 --------------------------------------
Redline Zoning Amendments   Page 12
After receiving the Planning Commission’s recommendation or expiration of the 60‐day time period with no recommendation, the City Council shall hold a public hearing to consider the application. The hearing shall be noticed in accordance with Section 17.12.100. The City Council may approve, conditionally approve, or deny the application at the conclusion of the hearing.

F. Referrals to Higher Review Level. A Review Authority has the discretion to refer applications to a higher review level, as follows:

1. The City Planner may refer Process 1 decisions to the Zoning Administrator or Planning Commission, depending on level of public concern anticipated for a matter. If decisions are referred to the Zoning Administrator or Planning Commission, a public hearing and notification shall be required according to Chapter 17.12; and

2. The Zoning Administrator may refer Process 2 decisionsto the Planning Commission, depending on level of public concern anticipated for a matter.

17.12.060 Applications Requiring Additional Information.

The City Planner, or review authority, may request the applicant submit information to clarify, amplify, correct, or otherwise supplement submitted information beyond that originally submitted in the course of processing the application should he or she find that additional information is necessary to adequately review a request. Supplemental information may include, but is not limited to, visual analysis tools such as story pole staking, photo simulations, and models. Such a request shall not invalidate the original determination that the application was complete at the time the determination was originally made.

A. Story Pole Staking.

1. Specific Projects that Require Story Pole Staking. At minimum, story pole staking is required for the following projects:
a. The construction or expansion of structures with the potential to affect public view corridors from public places in the Coastal Overlay zone, regardless of number of stories.
b. The construction or expansion of three story structures in the Architectural Overlay district.

2. Exemption for Time Extensions. Time extensions are exempt from story pole staking, unless the City Planner or review authority determines story poles are necessary.

3. General Requirements. When story poles are required, they shall be erected at least 14 calendar days prior to the first public hearing or meeting on the Project, as determined by the City Planner, except that the approval authority shall have discretion to require that they be erected earlier, but not to exceed 28 calendar days prior to the hearing. The following must be completed for a site to be deemed to have been properly staked with story poles:
a. Story poles and connecting thick colored lines or pennants, which accurately represent the full extent of the proposed structure, including decks and eaves, shall be 39 Redline Zoning Amendments   Page 13
constructed. The City Planner shall have final approval authority over the location of the story poles to ensure that they do not detrimentally impact the public or the then current use of the property; and
b. A staking plan with the location and height of the story poles must be certified as accurate by a registered land surveyor or registered civil engineer. If a complete and certified staking of story poles for a project is not in place in the time required, the project shall be continued to a later date. Neither the applicant, a relative of the applicant, nor any other person possessing a financial interest in the property or the project may certify the location and height accuracy of the staking poles.

4. Re‐certification. Re‐certification is required at least 14 calendar days prior to the first public hearing as described above in 1. Requirements, in the following instances:
a. If the project is modified during the design review process requiring the project to be re‐ staked; and/or
b. If the initial installation of story poles was completed one year prior to the final hearing date.

SECTION 7. Section 17.12.065 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.065 Withdrawal of Inactive Applications.

The City may close inactive applications according this Section. The City Planner has the authority to withdraw applications that are inactive for 180  days or more due to inactivity. Applications are inactive when requested materials, funds, or other information necessary to proceed with the processing of an application is not submitted.

A. Withdrawal ProceduresIncomplete Letters. The City determines the completeness of an application within the time period specified by State law as described in Section 17.12.050. If the application is incomplete, the City notifies the applicant in writing to describe what is needed to process the application, such as studies, development plans, forms, and fees. The letter specifies a timeframe for submitting the requested items.

B. Resubmittal Timeframe. Applications shall be deemed inactive and be closed at the discretion of the City Planner if the applicant does not submit requested items for six consecutive months following the date of the incomplete letter, unless the incomplete letter is specifies an alternate timeframe or an extension is granted according to Subsection C.When an application is inactive for 90 days or more, a letter is sent via certified mail to inform applicants that they have 90 days to submit requested materials, funds or other information necessary to proceed with the processing of an application. If requested materials or funds are not received within the 90 days (a total of 180 calendar days since an application begins to be inactive), then the City Planner has the authority to:

1. Withdraw the application; or

2. Schedule for the designated decision making authority (see Table 17.12.020) to consider the application as a consent item at the next available meeting. The City Planner may recommend for the decision making authority to deny the application without prejudice. The applicant would be notified of the meeting in advance.
40 Redline Zoning Amendments   Page 14
C. Request for Time Extension. The applicant may request an extension of time to resubmit the application. The time extension request shall be made in writing and received within the resubmittal timeline described in Subsection B. The written request shall provide a detailed explanation of the reason(s) for the request and the additional time needed to provide the requested information and/or application fees. Such reasons may include by way of example and not by limitation, additional time needed to conduct a required seasonal biological survey or to secure a professional consultant to carry out a required analysis.

The City Planner shall review the written request and provide the applicant a written determination, approving or denying the request, based on finding whether there are unusual circumstances preventing the applicant from resubmitting the application within the given timeframe. If the City Planner grants the applicant’s request, the written determination shall specify the additional time granted to resubmit the application. Then, the applicant shall submit requested items within extended resubmittal timeframe or the City shall have discretion to close the application.

B.D Return of Uunused Deposit deposit aAccount Ffunds and materials. If an application is withdrawn by the City or the applicant, the City shall contact the applicant to refund any unused deposit account fees. are refunded and materials are returned upon request. If an applicant is unresponsive, the City will refund fees when an opportunity arises to communicate with the applicant. Fixed fee applications are not refundable.

SECTION 8. Section 17.12.100 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.12.100 Public Hearing and Notification.

A. Purpose. This section defines procedures for public notificationfor conducting public hearings for applications when required by this title. The purpose of this section is to ensure public awareness and full and open public discussion and debate regarding proposed actions being taken pursuant to this title. A public hearing shall be held prior to action by the Zoning Administrator, Planning Commission, or City Council when required by State law or the City's local ordinances, guidelines or policies.

B. Notice of Public Hearings. A notice of public hearing is required for processes 32 to 65 in Section

17.12.060 that involve a public hearing action by the Zoning Administrator, Planning Commission, or City Council. The City Planner is authorized to advertise and notice Zoning Administrator and Planning Commission public hearings. The City Clerk is authorized to advertise and notice City Council public hearings. Table 17.12.020, Review Authority for Permits and Entitlements, identifies the applications that require a public hearing, as well as the review authorities for applications.

Notice of public hearings shall be given pursuant to applicable provisions of State law, Government Code Sections 65090 and 65091, and thistitle, including all of the following requirements which must be complied with at least 10 days prior to the public hearing:

1. Publication. Publication in a newspaper of general circulation in the City of San Clemente; and

2. Mailing Recipients. Mailing a notice ofA notice of public hearing shall be mailed to the time, place and purpose of such hearing to all of the following:
41 --
Redline Zoning Amendments   Page 15
a. Required oOwners of property within 300 feet of a site that is the subject of the public hearing. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one‐eighth page in at least one newspaper of general circulation within the City at least 10 days prior to the hearing; b. Local agencies expected to provide water,sewage,streets,roads,schools, or other essential facilities or services to the project, where ability to provide these facilities and services may be significantly affected;, and
c. Persons requesting notice of such hearing;,
d. The City of San Clemente as owning property within a specified distance from the exterior boundaries of the subject property (radius of notice), unless the City is the sole applicant for the hearing that is the subject of the notice; and
Table 17.12.100, Public Hearing Requirements, lists the radius of notice required and the number of copies of mailing labels and envelopesthat must be provided with an application.

If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than 1,000, the City, in lieu of mailed or delivered notice, may provide notice by placing a display advertisement of at least one‐eighth page in at least one newspaper of general circulation within the local agency in which the proceeding is conducted at least 10 days prior; and

3. Notice Content. At a minimum, the notice of public hearing shall include all of the following:
a. General subject of the public hearing;
b. The location of the property that is the subject of the application; c. The date, time, and place of the public hearing;
d. The Review Authority holding the public hearing; and e. The name, telephone number, and address of the City staff person to contact for additional information.

43. Posting. Posting three notices adjacent to the subject property in conspicuous places facing the public street. Posting of public hearing notices may be delegated by the City Planner to the project applicant. If posting is delegated to the project applicant, notices must be provided to the applicant by the Planning Division.
5C. Affidavit of Mailing, Publication and/or Posting. Once a notice of public hearing has been given, in accordance with this Subsectionn (B) of this section, an affidavit shall be filed in the permanent records of the subject project, according to the following requirements:
1a. Mailing and Publication. The City Planner, if the hearing is held by the Zoning Administrator or Planning Commission, or the City Clerk, if the hearing is held by the City Council, shall be responsible for the affidavit of mailing and publication; and 2b. Posting. The City Planner, if the hearing is held by the Zoning Administrator or Planning Commission, or the City Clerk, if the hearing is held by the City Council, shall be responsible for the affidavit of posting. If posting is delegated to the project applicant, an 42 Redline Zoning Amendments   Page 16
affidavit of posting must be provided by the City and signed by the applicant or the applicant's representative.

DC. Failure of Any Person to Receive a Mailed Notice. Failure of any person to receive notice according to this specified in Subsection (B) Section of this section shall not invalidate any proceedings.

D. Materials for Notice Mailings. Applicants shall provide all necessary materials for each public notice required by this Title, including:  one set of stamped, labeled envelopes; a mailing list in label format: a radius map (for mailings); and a signed form certifying all materials are accurate at the timewithin six months of notice distribution.

Table 17.12.100 ‐ Public Hearing Requirements
Application (required by this
Title unless stated otherwise)
Required
Radius
Number of Sets
Stamped,
Labeled
Envelopes1
Mailing
List
Architectural/Cultural Heritage Permit   300 feet   1   1 Conditional Use Permit   300 feet   1   1
Development Agreements   300 feet   2   1
General Plan Amendment   300 feet   2   1
Minor Architectural/Cultural
Heritage Permit
300 feet   1   1
Minor Conditional Use Permit   300 feet   1   1
Minor Exception Permit   300 feet   1   1
Minor Site Plan Permit   300 feet   1   1
Sidewalk Waiver Appeal (see Municipal Code Chapter 12.08)   300 feet   1   1 Site Plan Permit   300 feet   1   1
Specific Plan Amendment   300 feet   2   1
Variance   300 feet   1   1
Zoning Amendment   300 feet   2   1
1 Projects requiring the processing of a number of applications should provide one set of stamped, labeled envelopes for each review body plus one mailing list for the project file.

SECTION 9. Section 17.12.140 of the San Clemente Municipal Code is hereby amended in its entirety as follows:

17.12.140 Appeals of an Action.

A. Appeals by the Public.

1. Right to Appeal.
a. Decisions of the Community Development Director or City Planner. Any person may appeal a decision of the Community Development Director and/or City Planner, except for a decision on a Wireless Permit, to the Planning Commission, except for a decision on a Wireless 43 Redline Zoning Amendments   Page 17
Permit. The Planning Commission's decision may be appealed to the City Council, whose decision shall be final. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2).
b. Decisions of the City Manager on City Antenna Permits. Any person may appeal a decision of the City Manager on City Antenna Permits to the Planning Commission. The Planning Commission's decision may by appealed to the City Council, whose decision shall be final. c. Decisions of the Zoning Administrator, or Planning Commission. Any person may appeal a decision of the Zoning Administrator or Planning Commission to the City Council. The City Council's decision on the appeal shall be final.

2. Time Limits for Filing an Appeal.
a. Decisions of the Community Development Director or City Planner. Except for appeals on Wireless Permit decisions, an appeal of a decision made by the Community Development Director or City Planner shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed. Appeals of decisions of the City Planner on Wireless Permits are governed by Section 17.16.075(b)(2). b. Decisions of the City Manager on City Antenna Permits. An appeal of a decision made by the City Manager on a City Antenna Permit shall be filed with the Planning Division within ten consecutive calendar days following the decision sought to be appealed. c. Decisions of the Zoning Administrator or Planning Commission. An appeal of the decision of the Zoning Administrator, or Planning Commission shall be filed in the office of the City Clerk or with the City Planner within ten consecutive calendar days following the decision sought to be appealed.
d. Calculation of the Appeal Period. For the purpose of calculating the appeal period, the first day of the appeal period shall be the day immediately following the day on which the decision occurred. Other than appeals on Wireless Permits, the final day of the appeal period shall be the tenth calendar day following the first day of the appeal period, at 5:00 p.m. If the last day to appeal falls on a holiday or on a Saturday or Sunday, the following business day shall be deemed the last day to appeal.

3. Method of Appeal. Appeals shall be in writing on a form obtained from the Planning Division or City Clerk. The appellant shall State state the specific reasons for the appeal. Appeal applications shall include  , submit funds to pay the required appeal fee, and submit public notifications materials. Unless otherwise provided for in Table 17.12.100, Public Hearing Requirements, of this chapter public notification materials shall consist of postage pre‐paid envelopes addressed to each person owning property within 300 feet of the property which is the subject of the appeal, as such names appear on the latest County equalized tax assessment role.

B. Appeals by the City Council.

1. Right to Appeal. The City Council may appeal any decision of the Zoning Administrator or Planning Commission by calling up the decision for consideration by the City Council, in accordance with Subsection (B)(3) of this section.
44 Redline Zoning Amendments   Page 18

2. Time Limits for Appealing a Decision. An appeal by the City Council shall be made by the time the City Council receives and files the official transmittal of the decision on an application, through minutes, action memorandum or otherwise, by the body having original jurisdiction over the matter.

3. Method of Appeal. Appeals by the City Council shall be by a majority vote of the City Council at a regular or adjourned regular City Council meeting.

C. Public Notice of the Appeal. Notice of the public hearing on the appeal shall be provided as required in Section 17.12.100, Public Hearing and Notification, of this title. As indicated in Subsection (D) of this section, Time Limit for Hearing an Appeal, stamped envelopes for mailing the public hearing notices shall be provided by the appellant.

D. Time Limit for Hearing an Appeal. Public hearings on appeals shall be held within 60 days of the City Clerk or Planning Division's receipt of a completed appeal application. The City Clerk shall notify the applicant, in writing, of the date established for the public hearing within 10 days of receipt of a completed appeal application. The appellant, or applicant if the City Council is the appellant, must provide the City with stamped envelopes for public notification, by 20 days prior to the scheduled hearing on the appeal, or the appeal shall be taken off the City Council's calendar and the appellant shall have waived any and all rights to such appeal.

E. Scope of Review. The body hearing the appeal shall not be limited to the issues raised on the appeal, but rather shall be entitled to review new evidence and to consider all elements of the appealed action. At the close of the public hearing on the appeal, the appellate body may reverse, affirm, revise or modify original action on the application being appealed.

F. Effective Date of Appealed Actions. Please refer to Section 17.12.130, Effective Date of Decision on an Action, of this chapter, Effective Date of Decision. 45 Redline Zoning Amendments   Page 19
SECTION 10. Section 17.16.050 of the San Clemente Municipal Code is hereby deleted in its entirety.

17.16.050 – Site Plan Permit and Minor Site Plan Permits.

A.   Purpose and Intent.

1.   Site Plan Permits. It is the purpose and intent of the Site Plan Permit process to provide for the review of physical improvements to a site which due to their scale, proximity to environmentally sensitive resource areas, or unique design features, require special discretionary consideration. The Site Plan Permit process is intended to encourage site and structural development which 1) respect the physical and environmental characteristics of the site, 2) ensures safe and convenient access and circulation for pedestrians and vehicles, 3) exemplifies the best professional design practices, 4) encourages individual identity for specific uses and structures, 5) encourages a distinct community or neighborhood identity, and 6) minimizes visual impacts.

1. 2.     Minor Site Plan Permits. It is the purpose of the Minor Site Plan Permit process to provide for the streamlined review of certain minor classes of development projects which are large enough to require discretionary consideration, but due to their scale, nature or location do not require discretionary consideration by the Planning Commission. The Minor Site Plan Permit process for major development has as its purpose the same goals for development described for the Site Plan Permit process for major development included above.

B.   Review Authority.

1. Site Plan Permits. The Planning Commission is the final authority on Site Plan Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action.

2.   Minor Site Plan Permits. The Zoning Administrator is the final authority on Minor Site Plan Permits, subject to the concurrent review and appeal provisions listed above. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

C.    Applicability.

1.   Site Plan Permits. A Site Plan Permit is required for:
a.   Adoption of a ‐PRD overlay, as provided for in Section 17.56.040(C)(2), Planned Residential District (‐PRD Overlay), Adoption and Amendment of the Planned Residential Overlay District; b.   All tentative maps for sites on which development is existing or currently proposed, except condominium projects;
c.   New golf courses in the OSC zone, as provided for in Table 17.44.020, Open‐Space Zone Uses; 46 Redline Zoning Amendments   Page 20
d.   Increases in the allowed floor area ratio based on public benefit, as provided for in Section

17.24.100, Increase in Floor Area Ratios;
e.   All new nonresidential and mixed‐use buildings;
f.   Additions or alterations to nonresidential and mixed‐use buildings, as indicated in Table 17.16.050, Additions or Alterations Requiring Site Plan Permits or Minor Site Plan Permits.

2.   Minor Site Plan Permits. A Minor Site Plan Permit is required for:
a.   Development adjacent to residentially zoned property, per Section 17.24.170(B). b.   Additions or alterations to nonresidential and mixed‐use buildings, per Table 17.16.050.

Table 17.16.050 Additions or Alterations Requiring Site Plan Permits or Minor Site Plan Permits Project Type (FAR
Compliance)
Site Plan Permit
Required
Minor Site Plan
Permit
Required
Exempt From Site Plan
Permit
Project/Site
Complies
with
FAR
Standards
for
Zone
Additions of
greater
than
2,000 sq.
ft.

Additions
between
750 and
2,000 sq.
ft.

1. Additions of less than 750 sq.
ft.

2. Internal remodels, tenant
improvements,
general maintenance,
and repair.

3. External remodels, facade
treatment, minor
external alterations.

D.   Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E.   Application Filing, Processing, and Review.

1.   Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project. 47 Redline Zoning Amendments   Page 21
a.

2.   Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.
aDevelopment Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.

1. b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may involve the selection of a consultant. Design Review Subcommittee Review. The Design Review Subcommittee shall review Site Plan Permit applications. For Minor Site Plan Permits, the Design Review Subcommittee shall review applications if the City Planner determines a proposal does not meet required findings. If the City Planner determines Design Review Subcommittee review is unnecessary, the determination should be noted in the staff report to the review authority. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025. c.   . 3.   Public Hearing and Appeal Provisions.
a. Public Hearing is Required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.  b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.c.   The review authority's decision may be appealed per Section 17.12.140.

F.   Required Findings.

1.   General Findings. Prior to the approval of an application for a Site Plan Permit or Minor Site Plan Permit, the following findings shall be made:
a.   The proposed development is permitted within the subject zone pursuant to the approval of a Site Plan Permit and complies with all the applicable provisions of this title (or the specific plan as appropriate), the goals, and objectives of the San Clemente General Plan, and the purpose and intent of the zone in which the development is being proposed. b.   The site is suitable for the type and intensity of development that is proposed. 48 Redline Zoning Amendments   Page 22
c.   The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity. d.   The proposed development will not be unsightly or create disharmony with its locale and surroundings.
e.   The proposed development will minimize or eliminate adverse physical or visual effects which might otherwise result from unplanned or inappropriate development, design or location.

2. Specific Findings. In addition to the general findings required in Subdivision 1 of this subsection, General Findings, specific findings shall be made prior to the approval of an application for a Site Plan Permit for the following requests, as follows:
a.   New construction and additions on sites which increase the FAR based on public benefit, as provided for in Section 17.24.100, Increase in Floor Area Ratios, of this title, specific findings in accordance with Section 17.24.120(B), Required Findings, shall be made.

G.   Appeals. An appeal of the decision on a Site Plan Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H.   Modifications Requested by the Applicant. Modifications to approved Site Plan Permits or Minor Site Plan Permits shall be reviewed in accordance with Section 17.12.180, Modifications of Approved Application.

I.     Modifications and/or Revocations Initiated by the City. The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J.   Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

K.   Approval Runs with the Land. The approval of a Site Plan Permit or Minor Site Plan Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 11. Section 17.16.060 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.16.060 Conditional Use Permits.

A. Purpose and Intent. It is the purpose and intent of the Conditional Use Permit process to provide for the review of uses that may, because of their nature, have an impact on the surrounding environment and for the determination of whether or not the proposed use is appropriate for its proposed location. The Conditional Use Permit process is intended to encourage uses to be located in a manner that is: 1) consistent with the City's zones; 2) sensitive to community and 49 Redline Zoning Amendments   Page 23
neighborhood identity; and 3) minimizes impacts to adjacent uses. Review of a use may require the consideration of site plan issues related to the use, as well. For a discussion of the purpose of site plan review, please refer to Section 17.16.050(A), Purpose and Intent, in this chapter.

B. Review Authority. The review authority for Conditional Use Permits is as follows:

1. Planning Commission. The Planning Commission is the review authority for Conditional Use Permits, except for requests to exceed height limitations on sites with sloping topography in the Mixed Use 3.0 Zone (Table 17.40.43) and Mixed Use 3.3 Zone (Table 17.40.46). For these requests, the Planning Commission is an advisory body that reviews applications and forwards a recommendation to the City Council.

2. City Council. The City Council is the review authority for requests to exceed height limitations on sites with sloping topography in the Mixed Use 3.0 Zone (Table 17.40.43) and Mixed Use 3.3 Zone (Table 17.40.46).

3. Concurrent Review. If a Conditional Use Permit is processed concurrently with other applications, refer to Section 17.12.090 for the final review authority.

4. Appeal of an Action. If a Conditional Use Permit is appealed, the City Council is the final review authority per Section 17.12.140, Appeals of an Action.

C. Applicability. Conditional Use Permits are required as indicated by the use tables in Chapters

17.32, Residential Zones and Standards, through 17.48, Public Zones and Standards, in this Title.

Conditional Use Permits are also required for the following requests:

Use/Modifications As Provided for in:

Antennas, new, on City property   Section 17.28.070(C), Review Requirements
Chimneys which exceed the height limit of the zone in which they are located by more than two feet
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Density bonus requests   Section 17.24.070(E),
Review Procedures
Development standards, determination of, for development in the following zones: RVL Zone, Open Space Zones, Public Zone Table 17.32.040,
Residential Zone
Development Standards;
Table 17.44.030, Open‐
Space Zone Development
Standards; Table

17.48.030, Public Zone
Development Standards
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller
Section 17.40.050(C),
Required Findings for
Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller
Section 17.40.050(E),
Required Findings for
Exceptions
50 Redline Zoning Amendments   Page 24
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones
Section

17.24.090((C)(2)(b),
Review Procedures
Flag poles and church steeples in residential zones that exceed the height limits of the zone where they are located
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Flag poles, antennas (other than satellite antennas or antennas on City property), church steeples, cupolas, and monuments, and similar structures in nonresidential and mixed‐use zones that exceed the height limits of the zone where they are located
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Storage tanks and similar structures in nonresidential zones that exceed the height limits of the zone where they are located
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Grading requests not accompanying development requests   Section 17.28.130(B), Review Requirements
Historic Structures, exceptions to the minimum commercial floor area for mixed‐use projects in Mixed Use zones
Section 17.40.050(D),
Exceptions to the
Minimum Floor Area
Requirements for the
Commercial Portion of
Mixed‐use Projects for
Buildings on the City's
Designated Historic
Structure List
Home occupations conducted outside enclosed structures   Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase   Table 17.36.030E, Row "Height Limitations",
Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase   Table 17.36.030F, Row "Height Limitations",
Subsection 2
Height limitation exception for sloping topography in Mixed Use 3.0 (MU

3.0) Zone
Table 17.40.040D, Row
"Height Limitations"
Mixed Use 3.2 (MU 3.2) Top of Roof Height Ceiling Increase   Table 17.40.040F, Row "Height Limitations",
Subsection 1
Height limitation exception for sloping topography in Mixed Use 3.3 (MU

3.3) Zone
Table 17.40.040G, Row
"Height Limitations"
Nonconforming uses: change from prohibited use to a different prohibited use
Section 17.72.060(C)(3),
Changes of Use.

Nonresidential uses allowed in the zone located on the same level floor as residential uses of a vertically mixed‐ use building in the MU 1, MU 2, MU 3.0, and MU 3.2 zones Mixed Use zones
Section

17.40.030(A)(2)(a),
Special Use Regulations
51 Redline Zoning Amendments   Page 25
for the MU 1, MU 2, MU

3.0, and MU 3.2 zones
Outdoor dining areas   Section 17.28.205(C),
Review Requirements
Parking modifications for: Bed and Breakfast Inns; Uses in and out of the Downtown Parking Study Area; Historic nonresidential and mixed‐use structures; Historic structures in the RM and RH Zones; Relocation of historic structures; Hotels; Off‐site parking for nonresidential uses; Public utilities, Shared parking
Section 17.28.090(D),
Minimum Standards for
Bed and Breakfast Inns in
All Zones; Section

17.64.125, Waivers of
parking requirements;
Section 17.64.110, Off‐
Site Parking; Section

17.28.240(C)(2)(d), Minor
Utilities; Section

17.64.120, Shared Parking
Patio covers, detached, exceeding 15 feet in height and located within certain setback areas
Table 17.24.080(B),
Maximum Encroachments
into Setbacks and Height
Limits
Public utilities, major, initiated by outside agencies   Section

17.28.240(B)(2)(a),
Projects Initiated by
Outside
Agencies/Applicants
Residential uses on the street level, buildings on the City's Designated Historic Structure List
Section

17.40.030(A)(2)(a),
Location of Residential
Uses
Urban Private Storage in Mixed‐Use Zones   Section 17.28.305, Urban Private Storage
Height exceptions for residential development on Lots 46 through 64 of Tract 4938 in the RL‐11 special residential overlay zone Appendix A, Subsection
(K.4.B) in this Title
D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.

1. Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.
52 Redline Zoning Amendments   Page 26
a. Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.
b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required then they shall be completed at the applicant's expense, which may involve the selection of a consultant. c. Design Review Subcommittee. The Design Review Subcommittee shall review proposals for new wireless antenna projects and development standard exceptions. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

3. Public Hearing and Appeal Provisions.
a. Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.
b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.
c. The review authority's decision may be appealed per Section 17.12.140.

F. Required Findings.

1. General Findings. Prior to approval of an application for a Conditional Use Permit (other than for a multifamily dwelling with five or more units, which is addressed in subsection F.2 below), all of the following findings shall be made:
a. The proposed use is permitted within the subject zone pursuant to the approval of a Conditional Use Permit and complies with all the applicable provisions of this title, the San Clemente General Plan and the purpose and intent of the zone in which the use is being proposed.
b. The site is suitable for the type and intensity of use that is proposed. c. The proposed use will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity. d. The proposed use will not negatively impact surrounding land uses.

2. Prior to approval of a Conditional Use Permit, a multifamily dwelling with five or more units, only the following findings must be made: those in subsection F.1.a and b. and a finding that the 53 Redline Zoning Amendments   Page 27
proposed use will not be detrimental to the public health and safety to properties and improvements in the vicinity.

3. Specific Findings. In addition to the general findings required in subsection F.1, above specific findings shall be made prior to the approval of an application for a Conditional Use Permit for the following requests, as follows:

Use/Modifications As Provided for in:

New antennas on City property   Section 17.28.070(F),
Required Findings for
Conditional Use Permits
Density bonus requests   Section 17.24.070(F),
Required Findings
Exceptions to the Development Standards of Mixed Use Zone Lots of 12,000 Square Feet or Smaller
Section 17.40.050(C),
Required Findings for
Exceptions
Exceptions to the Development Standards for Mixed Use 3.2 Zone on Lots of 8,000 Square feet or Smaller
Section 17.40.050(E),
Required Findings for
Exceptions
Fences, hedges, and walls exceeding six feet in height for specific purposes in residential zones
Section 17.24.090(D)(2),
Required Findings
Grading requests not accompanying development requests   Section 17.28.130(C), Required Findings
Height limitation exception for sloping topography in Mixed Use (MU)

3.0 and 3.3 Zones
Section 17.40.050(F),
Building Height and
Stories in the Downtown
Core
Historic Structures, exceptions to the minimum commercial floor area for mixed‐use projects in Mixed Use Zones
Section 17.40.050(D)(2),
Required Findings
Home occupations conducted outside enclosed structures   Section 17.28.160(B), Review Requirements
Neighborhood Commercial 2 (NC 2) Height Increase   Table 17.36.030E, Row "Height Limitations",
Subsection 2
Neighborhood Commercial 3 (NC 2) Height Increase   Table 17.36.03F, Row "Height Limitations",
Subsection 2
Mixed Use 3.2 (MU 3.2) Top of Roof Height Ceiling Increase   Table 17.40.040F, Row "Height Limitations",
Subsection 1
Nonconforming structures: replace structures in non‐residential zones that are damaged by an accident with repair costs that are 50 percent or greater than a structure's replacement cost
Section

17.72.070(B)(3)(b),
Structures damaged by 50
percent or greater of
replacement cost
Nonconforming uses: change from prohibited use to a different prohibited use
Section 17.72.060(C)(3),
Changes of Use.
54 Redline Zoning Amendments   Page 28
Outdoor dining areas   Section 17.28.205(E),
Required Findings
Parking waivers for the Downtown Parking Study Area, and certain projects and land uses outside the Downtown Parking Study Area, such as: historic nonresidential and mixed‐use structures; historic structures in the RM and RH Zone; and hotel uses. Parking modifications for off‐site parking for nonresidential uses, and shared parking
Section 17.64.125(A),
Waivers of Parking
Requirements in the
Downtown Parking Study
Area; Section

17.64.125(B),Waivers of
Parking Requirements
Outside the Downtown
Parking Study Area;
Section 17.64.110, Off‐
Site Parking; Section

17.64.120(C), Shared
Parking
Public utilities   Section

17.28.240(C)(2)(d), Minor
Utilities
Residential uses on the street level, buildings on the City's Designated Historic Structure List
Section

17.40.030(A)(2)(a),
Location of Residential
Uses
Height exceptions for residential development on Lots 46 through 64 of Tract 4938
Appendix A, Subsection
(K.4.B.2) of this Title
G. Appeals. An appeal of the action on a Conditional Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications to approved Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

I. Modifications and/or Revocations Initiated by the City. The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings. For antennas on City property, a Conditional Use Permit may also be revoked or modified if other findings can be met pursuant to Section 17.28.070(G).

J. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general review process requirements and procedures, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Mandatory Condition of Approval for Alcohol Sales Establishments. For all Conditional Use Permits which are approved for sale of alcohol for on‐ or off‐site consumption pursuant to Section

17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Planning Commission shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training 55 Redline Zoning Amendments   Page 29
records of all employees shall be maintained on‐site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Planning Commission to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

L. Approval Runs with the Land. The approval of a Conditional Use Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 12. Section 17.16.070 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

17.16.070 Minor Conditional Use Permits.

A. Purpose and Intent. It is the purpose of the Minor Conditional Use Permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location, do not require discretionary consideration by the Planning Commission. The Minor Conditional Use Permit process has as its purpose the same goals for uses described for the Conditional Use Permit process included in Section 17.16.060(A), Conditional Use Permits, Purpose and Intent, of this chapter.

B. Authority. The Zoning Administrator is the final authority on Minor Conditional Use Permits, subject to the concurrent review and appeal provisions of Sections 17.12.090, Consideration of Concurrent Applications, and 17.12.140, Appeals of an Action. The Zoning Administrator has the discretion to refer applications to the Planning Commission for review and final action.

C. Applicability. Minor Conditional Use Permits are required as indicated by the use tables in Chapters 17.32, Residential Zones and Standards through 17.48, Public Zones and Standards. Minor Conditional Use Permits are also required for the following requests:

1. Outdoor dining areas per Section 17.16.205(C), Review Requirements;

2. Outdoor display, permanent, accessory, as provided for in Section 17.28.210(B), Review Requirements;

3. Waivers of fees/development standards for Historic Resources and Landmarks per Section

17.16.180;

4. Relocations of structures, as provided for in Section 17.24.160, Relocation of Structures;

5. Parking modifications for the Downtown Parking Study Area, as provided for in Section

17.64.125(A), Waivers of Parking Requirements in the Downtown Parking Study Area;

6. Parking modifications for outdoor dining for a restaurant, as provided for in Section

17.28.205(D)(5), Parking, and Section 17.64.125(B), Waivers of Parking Requirements Outside the Downtown Parking Study Area.

7. Elevator towers that exceed the height limits of the zone in which they are located by more than six feet.

8.   Off‐site parking according to Section 17.64.110.

9. Shared parking according to Section 17.64.120.

D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.
56 Redline Zoning Amendments   Page 30

1. Application Filing. The review process is initiated when the Planning Division receives an application package, The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project.

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.
a. Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process. The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines.
b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services.

3. Public Hearing and Appeal Provisions.
a. Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.
b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.
c. The review authority's decision may be appealed per Section 17.12.140.

F. Required Findings.

1. General Findings. Prior to approval of an application for a Minor Conditional Use Permit, the same findings shall be made as required for approval of a Conditional Use Permit.

2. Specific Findings. In addition to the general findings required in Subsection (F)1., above, specific findings shall be made prior to the approval of an application for a minor Conditional Use Permit for the following requests, as follows:
a. Outdoor dining areas per Section 17.28.205(E), Required Findings; b. Parking modifications for the Downtown Parking Study Area, specific findings in accordance with Section 17.64.125(A) (Waivers of Parking Requirements), The Downtown Parking Study Area, of this title;
57 Redline Zoning Amendments   Page 31
c. Parking modifications for outdoor dining for a restaurant, as provided for in Section

17.64.125(B)(7), Waivers of Parking Outside the Downtown Parking Study Area. d. Shared Parking findings according to Section 17.64.120.

G. Appeals. An appeal of the action on a Minor Conditional Use Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications to approved Minor Conditional Use Permits shall be reviewed in accordance with Section 17.12.180, Modifications of an Approved Application.

I. Modifications and/or Revocations Initiated by the City. The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Mandatory Condition of Approval for Alcohol Sales Establishments. For all Minor Conditional Use Permits which are approved for sale of alcohol for on‐ or off‐site consumption pursuant to Section

17.28.040, or per the use tables in Chapters 17.32 through 17.48 of this title, the Zoning Administrator shall place the following mandatory condition of approval: "The applicant shall be responsible for ensuring that all employees receive 'Responsible Alcoholic Beverage Service' training as offered through programs established by the Orange County Health Care Agency and Alcoholic Beverage Control of the State of California. Evidence of such training and the training records of all employees shall be maintained on‐site during business hours, and made available for inspection upon request." This mandatory condition of approval may be modified to allow corporate training programs or other alcohol sales responsibility programs if such modification is found by the Zoning Administrator to provide training on the sale and dispensing of alcohol by employees which is the equivalent of Responsible Alcoholic Beverage Service training.

L. Approval Runs with the Land. The approval of Minor Conditional Use Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 13. Subsection (C) of Section 17.16.090 of the San Clemente Municipal Code is hereby amended to read in its entirety as follows:

C. Applicability. Minor Exception Permits are required for deviations in the following standards:

1. Arbors, as provided for in Section 17.32.050(A), Arbors;

2. Encroachment from the median front yard setback, as provided for in Table 17.24.080BSection

17.24.080, Maximum Encroachments into Setbacks and Height Limits;

3. Encroachments of architectural projections and cornices, eaves, and roof overhangs into any required front yard setback areas, as provided for in Section 17.24.080, Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits;

4. Encroachments of balconies, porches, decks, landing places, and stairways, into any required front, rear, or side yard setback area, as provided for in Section 17.24.080, Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits;
58 Redline Zoning Amendments   Page 32

5. Encroachments of bay windows into any required front yard setback areas, as provided for in Section 17.24.080, Table 17.24.080(B), Maximum Encroachments into Setbacks and Height Limits;

6. Fences, walls or hedges as provided for in Section 17.24.090(C)(2), Exceptions;

7. Garage encroachments, as provided for in Section 17.32.050(E), Garage Encroachments into the Front Setback;

8. Landscaping requirements for Residential Zones, as provided for in Section 17.68.050(A)(1)(a), Landscaping Requirements for Specific Zones, Residential Zones;

9. Parking modifications for historic structures in RM and RH Zones, as provided for in Section

17.64.125(B), Historic Structures in RM and RH Zones;

10. Nonconforming structure requirements, exception for single‐family dwellings with less than 1,400 square feet of gross floor area [per Section 17.72.050(E)(4)(b) and Section

17.72.050(1)(3)(b)(i)];

11. Parking modifications for nonresidential and mixed‐use historic structures, as provided for in Section 17.64.125(B), Historic Nonresidential and Mixed‐Use Structures;

12. Parking modifications for minor additions to nonresidential and the commercial portion of mixed‐use structures, as provided for in Section 17.64.125(B), Minor Additions to Nonresidential and the Commercial Portion of Mixed‐Use Structures;

13. Parking modifications for changes of uses on sites that cannot meet the parking requirements, as provided for in Section 17.64.125(B), Changes of Use;

14. Parking modifications for restaurants, due to joint use of parking and off‐peak parking demand periods, as provided for in Section 17.64.125(B), Indoor Seating for Restaurants;

15. Swimming pools, spas, hot tubs, and other bodies of water within the front and street side yard setbacks, as provided for in Section 17.24.080, Table 17.24(B), Maximum Encroachments into Setbacks and Height Limits;

16. Retaining walls, as provided for in Section 17.24.180(D)2(b) and 17.24.180(D)(4), Exceptions;

17. Satellite antennas, as provided for in Section 17.28.080(B)(2), Minor Exception Permits;

18. Setbacks for primary and accessory structures, as well as the setback line from which encroachments into a setback are measured, in accordance with Table 17.24(B), Maximum Encroachments into Setbacks and Height Limitsbuildings provided encroachments comply with length limitations in Section 17.24.080(B), as follows:
a. A decrease of not more than 20 percent of the required width of a side yard or the yard between buildings,
b. Continuation of legal nonconforming side yard setbacks up to within 30 inches of the side property line for any stories, existing or new,
c. A decrease of not more than 15 percent of the required front or rear yard with the combined total not to exceed 20 percent,
d. For lots subject to a 16‐foot height limit in accordance with Appendix A of this Title, subsections (L) and (K), a decrease of not more than 25 percent of the required rear yard.

19. Tandem parking, maximum curb break, as provided for in Section 17.64.090(A), Curb Break. 59 Redline Zoning Amendments   Page 33
SECTION 14. A new Section 17.16.095 is hereby added to the San Clemente Municipal Code and shall read in its entirety as follows:

17.16.095 – Administrative Development Permit
A. Purpose.

This section provides administrative approval of minor projects without significant impacts.

Administrative Development Permits are intended to ensure that these minor projects comply with City standards and guidelines, yet provide a streamlined review procedure to facilitate and incentivize minor projects encouraged by City goals and policies.

B. Applicability. Administrative Development Permits are required to allow eligible projects on the following properties:

1. Nonresidential sites (within nonresidential zones or by legally‐established use of property);

2. Properties within the Architectural Overlay district;

3. Properties abutting the City’s historic resources and landmarks list (“historic structures list”);

4. Properties on the City’s historic resources and landmarks list; and

5. Properties with three or more dwelling units located within 300 feet of residentially zoned buildings on the City’s historic resources and landmarks list, if projects are visible from public right‐of‐way adjoining historic structures and landmarks or are visible from public view corridors designated in the General Plan.

C. Exemptions. The following activities are exempt from an Administrative Development Permit:

1. Improvements necessary to comply with State or Federal law (e.g. new or modified ramp to meet Americans with Disabilities Act [ADA] Requirements), in which feasible landscaping and architectural changes shall be made proportional to the scope of the proposed project, at the discretion of the City Planner, to maintain compliance with zoning standards and City Design Guidelines.

2. Interior projects not visible on the exterior of structures and from adjoining public right‐of‐ way.

3. Landscaping of area under 500 square feet according to standards in Subsection F.11.

4. Removal and replacement of trees according to standards in Subsection F.11 and at the discretion of the City Planner, provided that a landscape professional demonstrates to the City Planner that the tree(s) meet at least one of the following criteria:

I. Dead/dying;
II. Diseased and unlikely to be rehabilitated;
III. Dangerous; or
IV. Destructive.

D. Projects Eligible for Administrative Approval.

The following types of projects are eligible for ministerial approval of an Administrative Development Permit, if proposed projects comply with this tTitle, and both the general standards and project specific standards in this Section. If standards are unmet, projects shall require a Site Development Permit (Section 17.16.100) or Cultural Heritage Permit (Section 17.16.110). 60 Redline Zoning Amendments   Page 34

1. Additions to Private Recreational Facilities

2. Accessory Structures: Other Minor

3. Awnings

4. Chimneys and Metal Flues

5. Color and Finishes: Exterior

6. Decks or Patios

7. Doors

8. Driveways/Paving/Minor Site Work

9. Fences

10. Historic Resources, Minor

11. Landscape Alterations

12. Lighting: Exterior

13. Mechanical Equipment: General

14. Mechanical Equipment: Rooftop

15. Porches

16. Roofs (and “Reroofs”)

17. Sheds or Spas

18. Sidewalk Seating and Enclosures for CommercialOutdoorDining Areas

19. Skylights

20. Trellises, Pergolas, or Arbors

21. Walls

22. Windows
E. General Review Standards.

For approval of a permit, eligible projects must comply with the following general standards and applicable project specific standards in Subsection F.

1. Design. The architectural design of the addition, alteration, or site change is compatible with the style of buildings that will remain on site. One overall architectural style is required.

2. Materials. The exterior finish materials of the proposed project match the existing exterior finishes of the structures on the lot, or may be altered if compatible with the architectural style of structures.

3. Style. Style is expressed through architectural elements such as windows, doors, lighting, railings, trim, eaves, roof pitch, element proportions and materials. The style of the proposed work should be stated on the project plans and matches the existing style or style required for a design district if applicable, such as the Architectural Overlay.  Wherever this document references a requirement for style compatibility, the following method is used to determine style compatibility. Staff may reference style books to confirm the proposed style classification. Staff will check for consistency ofstyle of a structure’s proposed elements with theelementsforthe chosen style as described in reference materials. Staff will also check that any patterns or materials created by the existing elements are repeated in the proposed work.

4. Additions. Additions shall match the architectural style of the building with similar materials, details and colors.

5. Alterations. Alterations shall match the architectural style of the building or result in one 61 Redline Zoning Amendments   Page 35
architectural style consistent with Subsection E.3. Alterations are welcome that modify the structure’s appearance to be a more traditional form of the style on the site or the style required. Alterations to implement an architectural style that is not typical for the neighborhood or required by this Title are in eligible for an Administrative Development Permit.

6. Colors. Additions must match the existing colors of the building, siding or trim; or may be altered if compatible with the architectural style that meets guidelines in Subsection E.3. For Spanish architecture, existing colors may be substituted with colors selected from the City Planner‐approved color palette.

7. Scale. The scale of all additions is compatible with the scale of the existing structure, style of the building, and surrounding area. The scale of a project is consistent with the prevailing development patterns of additions in the area. The review criteria utilized to determine correct scale shall be the degree of project visibility, plate heights, roof pitch and maximum building heights. Additions or alterations out of character with the surrounding area or inappropriately sited on the lot, as determined by the City Planner, are not eligible for an Administrative Development Permit.

8. Historic Considerations. Minor alterations to City‐, State‐, or Federally‐designated historic resources, or other potentially significant structures, shall maintain character‐defining features or avoid any adverse change to the significance to a historic resource in order to be eligible for administrative approval. The City Planner has the discretion to consult with a licensed professional at the applicants cost to make a determination on the significance of structures and impacts of projects.   If this guideline is not met, then the project shall be referred to the Zoning Administrator with required consultation of the Cultural Heritage Subcommittee.

9. Objective Design Standards. Projects shall comply with any objective design standards adopted by the City Council.

10. Not subject to CEQA. Projects are eligible only if they are categorically or statutorily exempt or otherwise not subject to the California Environmental Quality Act (CEQA).

F. Project Specific Standards.

In addition to complying with the general requirements specified in Subsection E above, projects seeking administrative approval must also comply with any applicable project specific requirements in this Subsection. The projectspecific standardsidentify which projects are eligible for administrative review, not limit projects permissible in this Zoning Code (Title 17).

1. Additions to Private Recreational Facilities. Additions to buildings are eligible for administrative approval that are up to 500 square feet, less than 50 percent of the existing building’s floor area, and meet the following criteria:
a. The project is not located in the Architectural Overlay; b. The site is not on the City’s designated historic resources and landmarks list; c. The addition isto a private recreational facility  building; d. The project is not visible from a scenic corridor designated in the General Plan. 62 Redline Zoning Amendments   Page 36

2. Accessory Structures: Other Minor. Minor accessory structures,such as barbeques, fire pits, and low counter tops, not addressed otherwise in the project‐specific standards (this Subsection) are eligible for administrative approval if the following apply:
a. For the City’s designated historic resources and landmarks list, accessory structures are limited to those that are a maximum height of six feet and are detached from buildings; and
b. Structures are screened from adjoining public right‐of‐way and have materials that meet general standards in Subsection E.

3. Awnings. Awnings over window or door openings that are compatible with the style and colors of the structure are eligible. Awnings shall be canvas with wrought‐iron supports on new buildings and major remodels in the Architectural Overlay and on historic structures with Spanish architecture.

4. Chimneys and Metal Flues. All of the following standards must be met:
a. For the City’s designated historic resources and landmarks list, the project is limited to repairing or altering the chimney and flue to improve the resource’s historical integrity with a design, style, and materials to restore the original condition or be architecturally compatible.
b. Chimneys are consistent with the style of the existing structure and use masonry, stone, stucco, or metal pipe.
c. Wood material is not used on chimneys.
d. Metal flues are of traditional design and are painted to match the roof color. e. The shape of the chimney is fairly uniform, i.e. there is no awkward extensive projection of exposed pipe beyond the top of the chimney in response to Building and Safety requirements.

5. Color and Finishes: Exterior. The project is consistent with Subsection E, General Standards, Colors and Materials. For the Architectural Overlay and historic structures with Spanish architecture, stucco shall be ‘steel, hand trowel’ applied with a smooth Mission finish, slight undulations, bull‐nosed corners and edges, including archways; and no control/expansion joints.

6. Decks or patios.  New or altered decks or patios less than 200 square feet at the first floor level are eligible for administrative approval if the following standards are met:
a. For the City’s designated historic resources and landmarks list, the decks or patios must be screened from public right‐of‐way and detached to be eligible. b. New decks or patios are of a scale and style which is compatible with the structure to which the deck is attached.
c. When viewed from a public viewing location, the proposed deck or patio is not likely to be more noticeable than the structure it is attached to.
d. New decks or patios are not located to cause potential privacy or noise impacts to 63 Redline Zoning Amendments   Page 37
adjacent properties.
e. Deck or patio materials are finished to be compatible with the color scheme of the primary structure.

7. Doors. Minor door alterations — for example, to enhance access by the physically challenged and for compliance with the Americans with Disabilities Act (ADA) — are covered by this provision. Installation of guard/hand rails shall be referred to the consent calendar. The modification of doors and sidelights within existing rough openings should be designed to comply with the following requirements for Administrative approvals:
a. For the City’s designated historic resources and landmarkslist, every effortshall be made to avoid alterations first with repairs and maintaining the original doors. If this cannot be done, projects shall replace doors to match the originals to the best extent possible based on historical photos or the existing condition.
b. The type of proposed doors and color of frames are compatible with the architectural style ofthe building and appear compatible with existing doors. c. If the doors of an addition are the same size and material as existing nearby doors, the proposed doors match the existing nearby doors in appearance. d. Door and sidelightsash material matchesthe window material. e. Where adjacent windows are "divided light" type, the new doors and sidelights shall also mimic the appearance of divided lite windows. Where dual glaze glass is used, the mullions should break the exterior pane.
f. In door pairs, both doors should have the same width. g. In doors with sidelights, sidelights should have the same width if feasible. h. Doors and sidelights should be placed symmetrically within architectural elements. i. Any changes in paving material associated with the door alteration match the existing material.

8. Driveways/Paving/Minor Site work. Extensions, modifications, and additions to driveways are eligible for administrative approval if all ofthe following requirements are met:
a. For the City’s designated historic resources and landmarkslist, changes to site work shall be limited to providing access to entrances and exits, patios, courtyards, and utility pathways; so landscape area is preserved. The exceptions are changes to provide safe access to required parking and pedestrian sidewalks that meet City standards; b. There is no drainage impact on adjoining lots;
c. Any paving or driveway additions or modifications are of the same materials as the existing paving or driveway materials;
d. For residential development, the driveway width complies with Engineering technical standards;
e. Any new driveway paving materials are compatible with the existing structure and surrounding area; and
64 Redline Zoning Amendments   Page 38
f. New paved parking areas, such as expansions to commercial parking lots, are screened from adjoining public property through fencing, landscaping or other structures.

9. Fences. Chain link, chicken wire, metal, plastic, vinyl, wire‐mesh and unfaced cement block fence materials are not eligible for administrative approval. Fences not specifically excluded in the preceding sentence may be reviewed and approved administratively if:
a. The fences meet zoning requirements;
b. For the City’s designated historic resources and landmarks list, eligible fences are not in yards adjacent to street frontages;
c. The fence height shall preserve views of traffic to‐and‐from driveways and the public right‐of‐way; and
d. The fence design and materials shall be compatible with the street scene and the materials and finishes of the primary structure.

10. Historic Resources, Minor.  In addition to the general standards above (Subsection E) and other project‐specific standards in this Subsection, the following applies to repairs and upgrades to historic resources and landmarks on the City’s designated historic resources and landmarks list; Repairs and refinishing of existing materials are eligible; such as stucco, roof tiles, pavers, wood trim, and stone, if the following apply:
a. Repairs and refinishing of existing materials shall be completed according to the Secretary of the Interior’s Standards for the Treatment of Historic Properties; such as repairs to stucco, roof tiles, pavers, wood trim, and stone; b. Original materials are to be repaired and refinished to every extent possible versus replacement. Photographs of the existing material conditions and of the work completed shall be provided for the property file;
c. Minor alterations are eligible that improve the historical integrity of historic resources and landmarks on the City’s designated historic resources and landmarks list; such as installation of painted decorative tiles on stair risers or replacing non‐original  features with documented traditional period appropriate materials, such as replacing vinyl windows with wood windows that meet window standards in this Subsection; d. For historic structures with Spanish architecture, work shall be completed according to the City’s Henry Lenny Design Guidelines; and
e. If material replacement is demonstrated to be necessary, the materials shall be selected to mimic the original conditions unless alterations will improve the significance such as replacing vinyl with wood windows (see window guidelines for more on that work).

Photographs of the existing material conditions and of the work completed shall be provided for the property file.

11. Landscape Alterations.  Excluding exempt landscaping changes in Subsection C, the following standards apply to landscape alterations eligible for administrative approval:
a. For the City’s designated historic resources and landmarks list, changes shall exclude landscaping noted on a historic survey form identified as a contributor to the significance of a historic resource;
65 Redline Zoning Amendments   Page 39
b. The project adds or alters 500 square feet or more of landscaping; c. The alteration complies with zoning requirements;
d. The alteration is consistent with City Design Guidelines, including the recommended plant list;
e. Tree Removal. The removal or replacement of treess shall meet the following criteria:
i. Replacement trees shall be a minimum of a 24‐inch box size; ii. Trees are ineligible if taller than 25 feet high and replaced within yard area between a building and public right‐of‐way; and
iii. Trees are ineligible if located within a public view corridor designated in the General Plan, or if required to screen hillside ridgelines according to the Hillside Development Ordinance in Chapter 15.40 of this Municipal Code.

12. Lighting: Exterior. The following standardsmust be metfor administrative approval:
a. Replacement or installation of additional fixtures is compatible in style, color and scale with the existing structure or building to which lighting is attached; b. Lighting fixtures and placement meet the lighting requirements and Design Guidelines; and
c. For the City’s designated historic resources and landmarks list, see Subsection F.10 for additional standards.

13. Mechanical Equipment: General. Equipment such as water heaters, water heater enclosures, electrical or gas metering equipment and pool and spa equipment must be located and screened as follows in order to be eligible for administrative approval:
a. If the new mechanical equipment is installed at ground level, it is placed as close to the building as practicable and screened from view through fencing, landscaping or other structures. Landscape screening, the preferred method of screening, is indicated on project plans to be maintained;
b. All cables connecting outdoor equipment are properly secured and/or buried in the ground;
c. Equipment shall be installed over existing hardscape surfaces first if possible; and d. All pool and spa equipmentislocated asfar away from adjoining properties asreasonably practicable in consideration of neighbors, and the equipment’s property line decibel level is consistent with the Noise Ordinance.

14. Mechanical Equipment: Rooftop. Transmitting antennas, including wireless facilities, are not eligible for administrative approvals. Satellite antennas and other rooftop equipment reviewed by Staff must comply with the following standards:
a. Equipment shall be screened from on‐site parking areas, adjacent public streets and adjacent residentially zoned property. The height of equipmentscreensshall be lessthan 10 feet tall and under the height limit of the zone;
b. If equipment must be visible from off‐site locations, despite screening or in cases where 66 Redline Zoning Amendments   Page 40
only vegetative screening is used, the equipment is painted the same color as the roof or adjacent background, as specified by the City Planner. However, for the City’s designated historic resources and landmarkslist, visible equipment on historic resources and landmarks is ineligible for administrative approval; and c. Screening shall be integrated into the appearance of the overall building; and

15. Porches. Porches are covered outdoor spaces attached to the primary structure eligible for administrative approval that meet the standards below, excluding the City’s designated historic resources and landmarks list.
a. Porches may be a maximum of 200 square feet;
b. Porches unscreened from the public right‐of‐way shall be on less than 50 percent of a building elevation’s length;
c. The porch shall be integrated into the primary structure with a compatible design and materials; and
d. Porch railings have open pickets, glass, or other design and material with spacing to maintain visibility of the primary structure from the public right‐of‐way, unlike than a solid guardrail.

16. Roofs (and “Reroofs”).  Roofs (including new roof material and “reroofs") must comply with the following standards:
a. The type and color of roofing material is compatible with the architectural style of the structure;
b. Roofs of additions or accessory buildings match the existing roof pitch of the structure; c. For the Architectural Overlay and historic structures with Spanish architecture, roof tiles shall have materials and be installed according to the Henry Lenny Design Guidelines.

17. Sheds or Spas. The following standards must be met:
a. The shed or spa is entirely screened from public right‐of‐way and separated from buildings according to the Building Code;
b. The shed or spa area is 120 square feet or smaller;
c. Materials match site fencing or the main structure’s materials and colors; and d. Any mechanical equipment meets criteria Subsection F.13 and F.14 above.

18. Sidewalk Seating and Enclosures for CommercialOutdoorDining Areas.

The placement, style, color and types of outdoor dining furniture and barriersshall be consistent with and complement the design and appearance of the building and site, consistent with General Standards in Subsection E. The outdoor dining furniture and barriers shall also be in conformity with Public Worksstandards.

19. Skylights. Skylights must meet the following standards for eligibility:
67 Redline Zoning Amendments   Page 41
a. For the City’s designated historic resources and landmarks list, skylights shall not be installed over original building areas;
b. Skylights are compatible with the architectural style of the building and with the character of the surrounding area;
c. Skylights are screened from adjoining properties; and d. Skylights shall have an orientation and design to avoid light trespass and glare on other properties in evenings, such as glazing, shades, or tint.

20. Trellises, Pergolas, and Arbors. Trellises, pergolas, and arbors are architectural elements with posts or columns on the sides and connected by beams and topped with open rafters. They can also include trellis overhead between the rafters. Trellises, pergolas, and arbors are eligible for administrative approval if:
a. For the City’s designated historic resources and landmarks list, the trellis, pergola, or arbor isscreened from public right‐of‐way and separated from neighboring buildings and property lines according to the Building Code;
b. The structure covers less than 250 square feet of lot area and is less than 12 feet tall; and
c. The structure’s height, size and materials are compatible with the surrounding area.

21. Walls.   Accessory structure walls shall meet the following criteria:
a. For historic resources and landmarks, eligible walls are not in yards adjacent to street frontages;
b. The wall meets zoning standards in Sections 17.24.090, 17.24.180, and 17.24.190; and c. The wall materials shall match the color and finish of the primary structure.

22. Windows. Windows may be replaced or added if the following standards are met:
a. For the City’s designated historic resources and landmarks list, see Subsection F.10 for additional standards;
b. Windows of additions match the predominant windows of the existing structure; c. The window types are of appropriate size and scale for the proposed location(s); and
d. For the Architectural Overlay and historic structures with Spanish architecture:

I. Window design shall mimic the appearance of true divided lite windows.

II. The window surround or flange isto be constructed as part of the frame, not a plant on detail.

III. Factory color finishes are acceptable.

IV. Windows materialsshall be consistent with allowed typesshown in Table 17.16.095 below.
68 Redline Zoning Amendments   Page 42
Material
Type
Non‐
residential
Residential
with
Architectural
Overlay
Residential
without
Architectural
Overlay
Historic
Structure
(original)
Historic
Structure
(addition)
Wood Yes Yes Yes Yes Yes
Metal ‐ Steel
or aluminum
Yes Yes Yes No Yes
Fiberglass Yes Yes Yes No Yes
Vinyl
Ground floor No No Yes (non‐
visible)
No No
Upper levels
non‐visible
No Yes Yes No No
G. Application Process.

1. Application Submittal. Administrative Development Permit review is initiated upon submittal of an application in compliance with Section 17.12.040, Filing an application.

2. Application Review.

Projects are reviewed upon submittal of an application in compliance with Section 17.12.040, Filing an application. Then, a case planner is assigned to coordinate the review of the application upon receipt of an application, provided information and materials are reviewed to determine if applications meet criteria for approval of a permit.

3. Decisions. The City Planner shall approve or deny an application based on whether a project is consistent with the following:
a. General design standards in Subsection E.
b. Project‐specific standards in Subsection F.
c. The City’s objective design standards.

4. Appeals. Decisions are subject to appeal processes according to Section 17.12.140.

H. Reporting of Decisions. A summary of decisions will be provided to the Planning Commission at the next regularly scheduled meeting of those hearing bodies in the agenda packet, including permits issued up until the time of packet preparation.

I. Quality Assurance. Projects shall be completed in accordance with City approvals and code compliance procedures in this Municipal Code. City staff have authority to require an inspection of approved projects to ensure work is completed according to approved materials.

J. General Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements,such as modificationsto applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Approval Runs with the Land. The approval of an Administrative Development Permitshall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.
69 Redline Zoning Amendments   Page 43

SECTION 15. The existing provisions of Section 17.16.100 are hereby struck and replaced in their entirety with the following:

17.16.100 ‐ Development Permit
A.   Purpose.

1.    Development Permits are required to ensure development projects, not involving the City’s designated historic resources and landmarks list, will:
a. Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.
b. Preserve and strengthen the City’s unique atmosphere as a Spanish village; c. Comply with the purpose and intent of the Architectural Overlay district for projects within the overlay area identified on the Zoning Map;
d. Encourage site design and architecture sensitive to community and neighborhood character;
e. Enhance the visual environment and protects the economic value of existing structures. f. Respect the physical and environmental characteristics of the site; g. Ensure safe and convenient access and circulation for pedestrians and vehicles; h. Exemplify the best professional design practices through consistency with the City’s Design Standards and Guidelines;
i. Allow for and encourage individual identity for specific uses and structures; j. Encourage a distinct community or neighborhood identity; k. Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City’s designated historic resources and landmarks list; l. Prevent inappropriate design or development of structures; and m. Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

B.   Definitions. For purposes of this Section, the term “Sensitive areas” shall mean:
a. Properties located within the Architectural Overlay district; b. Properties with single‐family residences or duplexes abutting the City’s designated historic resources and landmarks list.
c. Properties with three or more dwelling units located within 300 feet from residentially zoned buildings on the City’s designated historic resources and landmarks list.

C. Applicability.

1. When Required. Development activities listed in Table 17.16.100 require Development Permits for the development of structures and improvement of property, when a project site is not on 70 Redline Zoning Amendments   Page 44
the City’s list of designated historic structures and landmarks. In that circumstance, refer to Section 17.16.110.

2. Exemptions. The following activities are exempt from a Development Permit. a. Activities exempted from an Administrative Development Permit specified in Section

17.16.095;
b. Improvements State or Federal law requires or preempts from local discretionary review procedures;
c. Interior projects not visible on the exterior of structures and from adjoining public right‐ of‐way;
d. Maintenance of property and structures;
e. Projects proposed on properties with three or more dwelling units located within 300 feet of residentially zoned historic buildings on the City’s designated historic resources and landmarks list, if all of the following criteria apply:
i. Projects are not located in the Architectural Overlay district; ii. Projects are not visible from public right‐of‐way that adjoins properties on the City’s designated historic resources and landmarks list;
iii. Projects are not proposed on property abutting properties on the City’s designated historic resources and landmarks list; and
iv. Projects are not visible from public view corridors designated in the General Plan. f. Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

D.   Review Authority.

Table 17.16.100 identifies the required review authority and review process in Section 17.12.060 for each project. Development Permits are acted upon by the highest review authority designated in Table 17.16.100 for proposed development, or if a Development Permit is reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.100 – Review Process for Development Permit Development Activities Review
Process
(Section

17.12.060)
A. New development of nonresidential buildings.

1. New nonresidential primary buildings, excluding public park facilities. Process 3

2. Public park facilities, new buildings and additions with 1,500 square feet of floor area or greater in compliance with Chapter 17.28.

Process 3

3. Public park facilities, new buildings and additions less than 1,500 square feet of floor area in compliance with Chapter 17.28.

Process 2
71 Redline Zoning Amendments   Page 45
Development Activities Review
Process
(Section

17.12.060)

4. New nonresidential accessory buildings that are screened from adjoining public right‐of‐way, where the proposed building has floor area less than or equal to 2,000 square feet and less than 50 percent of the primary building’s floor area.

Process 2

5. New nonresidential accessory buildings that are unscreened from adjoining public right‐of‐way, or the building has floor area larger than 2,000 square feet or greater than 50 percent of the primary building’s floor area.

Process 3
B. Nonresidential building additions.

1. Nonresidential building additions of floor area 2,000 square feet or less to nonresidential buildings, excluding public park facilities.

Process 2

2. Nonresidential building additions of floor area larger than 2,000 square feet to nonresidential buildings, excluding public park facilities.

Process 3
C. New development of residential buildings.

1. Development of residential primary buildings that results in five or more dwelling units on a property.

Process 3

2. New residential primary buildings proposed in the Architectural Overlay District.

Process 3

3. New residential primary buildings on properties adjoining the City’s designated historic resources and landmarks list.

Process 3

4. Development of two‐story single‐family dwellings and duplexes across a street and abutting a property on the City’s designated historic resources and landmarks list.

Process 2

5. Development of three or more dwelling units on properties that are not abutting historic structures but located within 300 feet of residentially zoned buildings on the City’s designated resources and landmarks list, unless exempted by Subsection 17.16.100(C)(2).

Process 2

6. New residential accessory buildings in sensitive areas (defined in Subsection B) screened from adjoining public right‐of‐way, where the proposed building has floor area less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

7. New residential accessory buildings in sensitive areas (defined in Subsection B) that are unscreened from adjoining public right‐of‐way or the proposed building has floor area larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3

8. Accessory Dwelling Units that vary from standards as specified in Section

17.28.270 in which discretionary review is allowed by State law.

Process 3
D. Residential building additions.
72 Redline Zoning Amendments   Page 46
Development Activities Review
Process
(Section

17.12.060)

1. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) screened from adjoining public right‐of‐way where the addition of floor area is less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

2. Residential building additions to residential buildings in sensitive areas (defined in Subsection B) where the addition of floor area is unscreened from adjoining public right‐of‐way or the addition is larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3

3. Residential building additions of floor area 50 percent or greater to nonconforming single‐family residences with less than 1,400 square feet of floor area as of March 21, 1996, expanded up to 2,100 square feet.

Process 2
E. New accessory structures.

1. New accessory structures that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
F. Exterior changes.

1. Exterior changes to structures and sites that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
G. Subdivisions and general provisions.

1. Development on new parcels created from a subdivision of property. Process 3

2. New Planned Residential Developments (PRD). Process 3

3. New golf courses. Process 3

4. Nonresidential projects abutting residentially zoned properties in compliance with Section 17.24.170.

Process 2

5. Relocation of structures according to Section 17.24.160, Relocation of Structures.

Process 2

6. Neighborhood Electrical Vehicle (NEV) parking credit in the North Beach Parking Overly according to Section 17.56.080.

Process 2

7. Subdivisions excluding condominiums. Process 5

8. Residential detached accessory buildings over 15 feet in height that encroach into required setbacks.

Process 3

9. Residential detached accessory structures over 15 feet in height.   Process 3 E.   Application Filing, Processing, and Review.

1.   Application Filing.
a. An application for a Development Permit shall be filed and processed according to Chapter

17.12. 73
Redline Zoning Amendments   Page 47
b. The application shall include the information and materials specified in the application for a Development Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.
c. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.16.100.F below.

2.   Application Review.

A Development Permit review is initiated when the Planning Division receives an application package. Then, a case planner is assigned to coordinate the review of the application with City staff and other agencies as needed. At the direction of the City Planner, proposals are reviewed by the Development Management Team (DMT), staff from City departments with expertise in various subject areas. Upon receipt of an application, provided information and materials are reviewed to determine if applications are:
i. Complete in compliance with Section 17.12.050;
ii. In compliance with the California Environmental Quality Act as specified in Section

17.12.080. If studies or consultant work is required for this review, this shall be completed at the applicant’s expense according to City policies and the City Planner’s direction; iii. Consistent with the purpose of this Chapter and required findings in Subsection F to support the requested Development Permit; and
iv. Meets applicable development standards, policies, regulations, and guidelines.

3.   Design Review Subcommittee Review.

Applications require Design Review Subcommittee (DRSC) review if the application requires Planning Commission or City Council approval. Applications may also be referred to the DRSC by the City Planner or Zoning Administrator.

4.    Decision and Appeal Process.

Table 17.16.100 identifies the Review Authority and Review Process described in Section

17.12.100 for each project. Refer to Section 17.12.060 for details on the review process.

Notification procedures are in Section 17.12.100.

F.   Required Findings.

1.   General Findings. For approval of a Development Permit, the Review Authority shall make the following findings:
a.   The proposed project is consistent with the General Plan; b.   The proposed project complies with zoning regulations; c.   The proposed project is consistent with the City’s Design Guidelines; d.   The proposed development will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity; and e.   The proposed project is in character and compatible with the properties in the neighborhood.
74 Redline Zoning Amendments   Page 48

2.    Additional Findings for Requests. In addition to the general findings in Subsection F.1, the Review Authority shall make findings for approval of a Development Permit to allow the following.
a.   For projects in the Architectural Overlay District, the Review Authority shall find: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section 17.56.020.
b. For new structures and major remodels in the Architectural Overlay, the Review Authority shall also find one of the following:
i.   The proposed project/use preserves and strengthens the pedestrian‐orientation of the district and/or San Clemente's historic identity as a Spanish village; or ii.   The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian‐orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project.
c For projects reviewed because they are abutting or within 300 feet of an historic property, the Review Authority shall find: the proposed project will not have negative visual or physical impacts upon the historic structure.
d. For Planned Residential Developments (PRDs), the Review Authority shall make findings in Section 17.56.040(G).

G.   General Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as appeals, modifications to applications, time limits on approvals, time extensions, and the review of multiple applications concurrently.

H.   Approval Runs with the Land. The approval of a Development Permit shall run with the land, and shall continue to be valid upon a change of ownership of the property to which it applies.

17.16.100 Architectural Permits/Cultural Heritage Permits and Minor Architectural Permits/Minor Cultural Heritage Permits.

A. Purpose and Intent. As detailed in this section, Architectural Permits are required for different types of projects within the City, including projects affecting the City's cultural and historic resources. Because of these unique resources, the Architectural Permit process has been divided into two categories: Architectural Permits and Cultural Heritage Permits. In addition, minor versions of these permits have been established for less significant projects.

1. Architectural Permits and Cultural Heritage Permits. a. Architectural Permits. The purpose and intent of the Architectural Permit process is to provide for architectural review of certain classes of development projects to ensure their compliance with the General Plan Urban Design Element and the City's Design Guidelines. The Architectural Permit process is intended to preserve and strengthen San Clemente's unique atmosphere as a Spanish village and to encourage: 1) architecture which is sensitive to community and neighborhood 75 Redline Zoning Amendments   Page 49
character; 2) architectural design that enhances the visual environment and protects the economic value of existing structures; and 3) site and structural development which exemplify the highest professional design standards. Architectural review shall include the consideration of a number of issues, including but not limited to, architectural style, building massing and scale, building orientation in relation to the street and parking, and building materials, textures and colors. b. Cultural Heritage Permits. The purpose and intent of the architectural review with a cultural heritage emphasis is to provide for the review of projects affecting the City's cultural and/or historical resources. Along with the general goals for architectural review provided above, the process is intended to: 1) preserve and strengthen San Clemente's historic identity as a Spanish village, 2) preserve and strengthen the pedestrian‐oriented areas designated in the General Plan as such, 3) preserve and protect those places, sites, buildings, structures, neighborhoods, objects, and improvements, manmade or natural, having a special historical, cultural, or architectural interest, 4) protect and enhance the City's attraction as a historic community to tourists and visitors, 5) promote the use of historic properties for the education, pleasure, and welfare of the people of the City, 6) encourage and, where specified by this title, require architecture which reflects the community's historic pedestrian‐oriented character, and 7) ensure compliance with the purpose and intent of the City's Architectural Overlay District for those projects within the district.

2. Minor Architectural Permits and Minor Cultural Heritage Permits. a. Minor Architectural Permits. The purpose of the minor architectural permit process is to provide for streamlined architectural review of certain minor classes of development projects. These projects require discretionary review to ensure their compliance with the General Plan Urban Design Element and the City's Design Guidelines. Because of their scale, however, these minor projects do not require discretionary consideration by the Planning Commission. The Minor Architectural Permit process is intended to achieve the same goals as the Architectural Permit process described in above.
b. Minor Cultural Heritage Permits. The purpose of the Minor Architectural/Cultural Heritage Permit process is to provide for streamlined review of minor development projects that may affect the City's cultural and/or historical resources and neighborhoods. Because of their limited scale, however, these projects do not require discretionary consideration by the Planning Commission. The Minor Architectural/Cultural Heritage Permit process has as its purpose the same goals for 76 Redline Zoning Amendments   Page 50
development described in the Architectural/Cultural Heritage Permit process described above.

A process for waiving architectural review of projects which are extremely minor or have no potential to impact historic structures has been established. Please refer to Section 17.16.110, Staff Waivers of Architectural/Cultural Heritage Permits and Minor Architectural/Cultural Heritage Permits and Section

17.16.120, Planning Commission/Zoning Administrator Waivers of Cultural Heritage/Minor Cultural Heritage Permits, of this chapter.

B. Authority.

1. Architectural Permits and Cultural Heritage Permits. The Planning Commission is the final authority on architectural/cultural heritage permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications and Section 17.12.140, Appeals of an Action.

2. Minor Architectural Permits and Minor Cultural Heritage Permits. The Zoning Administrator is the final authority on minor architectural/cultural heritage permits, subject to the concurrent review and appeal provisions of Section 17.12.090, Consideration of Concurrent Applications, and Section 17.12.140, Appeals of an Action.

The Zoning Administrator has the discretion to refer application to the Planning Commission for review and final action.

C. Applicability.

1. Architectural Permits. Architectural Permits are required for the following:
a. Major public park facilities per Section 17.28.230(B)(1), Major Park Structures; b. Development outside the Architectural Overlay District per Table 17.16.100(A), Architectural and Minor Architectural Permits Required.

2. Minor Architectural Permits. Minor Architectural Permits are required for the following:
a. Minor public park facilities per Section 17.28.230(B)(2), Minor Park Structures; b. Relocations of structures per Section 17.24.160, Relocation of Structures; c. Development outside Architectural Overlay Districts per Table 17.16.100(A), Architectural and Minor Architectural Permits Required, below.

3. Cultural Heritage Permits and Minor Cultural Heritage Permits. Cultural Heritage Permits and Minor Cultural Heritage Permits are required for development within the Architectural Overlay District and/or historic sites and adjacencies, as indicated in Table

17.16.100(B), Cultural Heritage and Minor Cultural Heritage Permits Required.

4. Staff Waivers. Some projects may be eligible for a staff waiver of a Minor Architectural Permit or Minor Cultural Heritage Permit. Refer to Section 17.16.110. 77 Redline Zoning Amendments   Page 51

5. Exemptions. The following exemptions shall apply:
a. Per State law, solar installations are exempt from this section unless the Building Official finds a solar energy system project will have a specific, adverse impact upon the public health or safety.
b. Projects are exempt from Architectural Permits that involve the construction of four or fewer residential units.
c. Projects on sites with three or more residential units are exempt from Cultural Heritage Permits and Minor Cultural Heritage Permits, provided that all of the following criteria are met:
i. Projects sites are residentially zoned and not located within the Architectural Overlay district.
ii. Projects are not visible from public right‐of‐way that adjoins properties on the City's Designated Historic Resources and Landmarks Lists. iii. Project sites do not abut properties on the City's Designated Historic Resources and Landmarks Lists.
iv. Projects are not visible from view corridors.

Table 17.16.100(A)
Architectural and Minor Architectural Permits Required
Project Type Architectural
Permit Required
Minor
Architectural
Permit Required
Other/Exempt
Projects
A. Nonresidential and Mixed‐Use Sites
New Buildings   X
Additions   > 2,000 s.f.
addition
≤ 2,000 s.f.
addition
Some Minor Architectural Permits
may be waived.

Refer to Section 17.16.110 for
eligible projects.

New Accessory
Structures and
Expansions
X
Minor Exterior
Alterations
X
B. Residential and Mixed‐Use Sites
New Residential
Projects
5 or more units   Refer to subsection 17.16.100(C)(5)
for exempt projects.

C. Nonconforming Structures ‐ This subsection shall be applied in conjunction with subsections A and B to:

Additions 50
percent or
X
78 Redline Zoning Amendments   Page 52
greater to
single‐family
residences with
less than 1,400
square feet of
floor area, as of
March 21, 1996,
up to 2,100
square feet
Table 17.16.100(B)
Cultural Heritage and Minor Cultural Heritage Permits Required Project Type Cultural
Heritage Permit
Required
Minor Cultural
Heritage Permit
Required
Other/Exempt Projects
A. Nonresidential and Mixed‐Use Sites ‐ This subsection applies to: 1) resources listed on the City's Designated Historic Resources and Landmarks Lists1 ; 2) development within the Architectural Overlay District (Please refer to Section 17.56.020); and 3) sites within 300 feet of residentially zoned buildings listed on the City's Designated Historic Resources and Landmarks Lists.

New Buildings   X   Some Minor Cultural Heritage
Permits may be waived. Refer to
Section 17.16.110 for eligible
projects.

Additions   > 2,000 s.f.
addition
≤ 2,000 s.f
addition
New Accessory
Structures and
Expansions
X   Refer to subsection 17.16.100(C)(5)
for exempt projects.

Minor Exterior
Alterations
X
B. Residential Sites ‐ This subsection shall be applied to: 1) resources listed on the City's Designated Historic Resources and Landmarks Lists1 ; 2) single‐family homes and duplexes abutting sites listed on the City's Designated Historic Resources and Landmarks Lists; 3) sites with three or more dwelling units within 300 feet of residentially zoned buildings listed on the City's Designated Historic Resources and Landmarks Lists; and 4) development within the Architectural Overlay District (Please refer to Section 17.56.020).

New Buildings   X   Some Minor Cultural Heritage
Permits may be waived for
additions, accessory structures, and
exterior alterations. Refer to
Section 17.16.110 for eligible
projects.

Additions   > 500 s.f.
addition, or 50
percent or
greater
≤ 500 s.f.
addition or less
than 50 percent,
whichever is
smaller
79 Redline Zoning Amendments   Page 53
New Accessory
Structures and
Expansions
X
Refer to subsection 17.16.100(C)(5)
for exempt projects.

Minor Exterior
Alterations
X
C. Nonconforming Structures ‐ This subsection shall be applied in conjunction with subsections A and B.

Additions 50
percent or
greater to
single‐family
residences with
less than 1,400
square feet of
floor area, as of
March 21, 1996,
up to 2,100
square feet.

X
Historic
structure and
use exemption
from
requirements in
Chapter 17.72.

Nonconforming
Structures and
Uses. Refer to
Section

17.72.030(C).

X
1 See Department of Parks and Recreation Primary Record Forms on file with the City of San Clemente Planning Division for the type of resource listed (building, structure) D. Submittal Requirements. Please refer to the submittal requirements in Section 17.12.040, Filing an Application, and Section 17.12.060, Applications Requiring Additional Information.

E. Application Filing, Processing, and Review.

1. Application Filing. The review process is initiated when the Planning Division receives an application package. The application package shall include the required information and materials specified in the application and any additional information required by the City Planner or review authority to conduct a thorough review of the proposed project. 80 Redline Zoning Amendments   Page 54

2. Application Review. Each application shall be reviewed to ensure that proposals are consistent with the purpose of this chapter; applicable development standards, policies, regulations, and guidelines.
a. Development Management Team Review. The Development Management Team reviews an application to determine if it is complete and complies with applicable development standards, policies, regulations, and guidelines. Within 30 calendar days of application filing, the applicant is notified if their application is complete or if information is needed to complete the application and resume the review process.

The Development Management Team also makes comments and recommendations to provide helpful information to applicants and notify them when a proposal does not comply with development standards, policies, regulations, and guidelines. b. Environmental Review. After an application is complete, the project shall be reviewed in compliance with the California Environmental Quality Act to determine if environmental studies are required. If studies are required, then they shall be completed at the applicant's expense, which may require consultant services. c. Design Review Subcommittee Review. The Design Review Subcommittee shall review applications for Architectural Permits and Cultural Heritage Permits. For Minor Architectural Permits and Minor Cultural Heritage Permits, applications shall be reviewed by the Design Review Subcommitee if the City Planner determines proposals do not meet required findings, or if a project involves a 50 percent or greater expansion of a single‐family dwelling with less than 1,400 square feet of floor area. If the City Planner determines Design Review Subcommittee review is unnecessary, the determination should be noted in the staff report to the review authority. The Design Review Subcommittee is an advisory body that reviews design issues and provides a recommendation to the review authority per procedures in Section 17.12.025.

3. Public Hearing and Appeal Provisions.
a. Public hearing is required. A public hearing and notification shall be conducted in compliance with Section 17.12.100.
b. The review authority shall review the proposed project and approve, approve with conditions, or deny the application at a public hearing based on an ability to meet required findings.
c. The review authority's decision may be appealed per Section 17.12.140.

F. Required Findings.
81 Redline Zoning Amendments   Page 55

1. Architectural and Minor Architectural Permits. Prior to approval of an application for an Architectural or Minor Architectural Permit, the following findings shall be made:
a. The architectural treatment of the project complies with the San Clemente General Plan;
b. The architectural treatment of the project complies with any applicable specific plan and this title in areas including, but not limited to, height, setback color, etc.; c. The architectural treatment of the project complies with the architectural guidelines in the City's Design Guidelines;
d. The general appearance of the proposal is in keeping with the character of the neighborhood; and
e. The proposal is not detrimental to the orderly and harmonious development of the City.

2. Cultural Heritage and Minor Cultural Heritage Permits. In addition to the general findings for approval of an Architectural or Minor Architectural Permit, the following specific findings shall be made prior to approval of an application for a Cultural Heritage or Minor Cultural Heritage Permit:
a. For new structures and remodels in the Architectural Overlay District, one of the following findings shall be made:
i. The proposed project/use preserves and strengthens the pedestrian‐orientation of the district and/or San Clemente's historic identity as a Spanish village; or ii. The proposed project/use is a minor remodel and it is not practical or desirable, in this particular case, to attempt conversion to a pedestrian‐orientation and/or Spanish Colonial Revival style. The proposed changes, however, improve the quality and architectural integrity of the proposed project. b. For historic resources, the following finding shall be made:
i. The City finds that the proposed modifications, alterations, or additions are sufficiently in conformance with the Secretary of the Interior Standards for the Treatment of Historic Properties and the San Clemente Design Guidelines to substantially further the City's goals of historic preservation; or ii. For resources on the City's Landmarks List, the proposed rehabilitation, restoration, preservation, or reconstruction, including modifications, alterations, or additions, are found to be in conformance with the Secretary of the Interior Standards for the Treatment of Historic Properties and preserve to the extent feasible the character defining features.
82 Redline Zoning Amendments   Page 56
c. For projects reviewed because they are abutting or within 300 feet of an historic property, the following finding shall be made:

The proposed project will not have negative visual or physical impacts upon the historic structure.
d. For projects reviewed because they are in the Architectural Overlay District, the following finding shall be made: the proposed project complies with the purpose and intent of the Architectural Overlay District, Section 17.56.020.

G. Appeals. An appeal of the action on an Architectural Permit shall be reviewed in accordance with Section 17.12.140, Appeals of an Action.

H. Modifications Requested by the Applicant. Modifications to approved Architectural/Cultural Heritage or Minor Architectural/Cultural Heritage Permits shall be reviewed in accordance with Section 17.12.180, Modification of an Approved Application.

I. Modifications and/or Revocations Initiated by the City. The City may make changes or revoke the approval of applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when the application contained incorrect, false, or misleading information. Refer to Section 17.12.175 for related procedures and required findings.

J. Other Review Requirements. Refer to Chapter 17.12, Development Review Process, for general application processing requirements, such as time limits on approvals, time extensions, and the review of multiple applications concurrently.

K. Approval Runs with the Land. The approval of Architectural/Cultural Heritage and Minor Architectural/Cultural Heritage Permits shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies.

SECTION 16. The existing provisions of Section 17.16.110 of the San Clemente Municipal Code are hereby struck and replaced in their entirety with the following:

17.16.110 ‐ Cultural Heritage Permits
A.   Purpose. Cultural Heritage Permits are required for projects affecting sites on the City’s list of designated historic structures to ensure projects:

1. Preserve and strengthen the City’s identity as a Spanish village;

2. Comply with the purpose and intent of the Architectural Overlay district for projects involving cultural and historical resources within the overlay zone identified on the Zoning Map;

3. Preserve and strengthen the pedestrian‐oriented areas designated in the General Plan;

4. Preserve and protect those places, sites, buildings, structures, neighborhoods, objects, and improvements, manmade or natural, having a special historical, cultural, or architectural interest;

5. Protect and enhance the City's attraction as a historic community to tourists and visitors; 83 Redline Zoning Amendments   Page 57

6. Promote the use of historic properties for the education, pleasure, and welfare of the people of the City;

7. Encourage and, where specified by this title, require architecture which reflects the community's historic pedestrian‐oriented character;

8. Promote the orderly development of the City in compliance with the goals, objectives, and policies of the General Plan, any applicable Specific Plan, and the standards specified in this Zoning Code.

9. Encourage site design and architecture sensitive to community and neighborhood character;

10. Enhance the visual environment and protects the economic value of existing structures.

11. Respect the physical and environmental characteristics of the site;

12. Ensure safe and convenient access and circulation for pedestrians and vehicles;

13. Exemplify the best professional design practices through consistency with the City’s Design Standards and Guidelines;

14. Allow for and encourage individual identity for specific uses and structures;

15. Encourage a distinct community or neighborhood identity;

16. Minimize or eliminate negative or undesirable visual impacts, especially on historic resources and landmarks on the City’s designated historic resources and landmarks list;

17. Prevent inappropriate design or development of structures; and

18. Maintain and increase the desirability of other properties within the vicinity for the uses for which they are zoned.

B.   Applicability.

1. When Required. Development activities listed in Table 17.16.110 require Cultural Heritage Permits for the development of structures and improvement of property on the City’s designated historic resources and landmarks list, unless exempted by Subsection B.2.

2. Exemptions. The following activities are exempt from a Cultural Heritage Permit. a. Activities exempted from an Administrative Development Permit specified in Section

17.16.095.
b. Improvements State or Federal law requires or preempts from local discretionary review procedures;
c. Interior projects not visible on the exterior of structures and from adjoining public right‐ of‐way; and
d. Public park facilities other than the development or expansion of buildings as described in Chapter 17.28.

C.   Review Authority.

Table 17.16.110 identifies the required review authority and review process in Section 17.12.060 for each project. Cultural Heritage Permits (CHP) are acted upon by the highest review authority designated in Table 17.16.110 for proposed development, or if a Cultural Heritage Permit is 84 Redline Zoning Amendments   Page 58
reviewed concurrently with other applications according to Section 17.12.090, Consideration of Concurrent Applications.

Table 17.16.110 – Review Process for Cultural Heritage Permit Development Activities
Review
Process
(Section

17.12.060)
A. New nonresidential buildings.

1. New nonresidential primary buildings, excluding public park facilities. Process 3

2. Public park facilities, new buildings and additions with 1,500 square feet of floor area or greater in compliance with Chapter 17.28.

Process 3

3. Public park facilities, new buildings and additions less than 1,500 square feet of floor area in compliance with Chapter 17.28.

Process 2

4. New nonresidential accessory buildings screened from adjoining public right‐of‐way, where the proposed building has floor area less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

5. New nonresidential accessory buildings unscreened from adjoining public right‐of‐way, or the building has floor area larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3
B. Nonresidential building additions.

1. Nonresidential building additions of floor area 2,000 square feet or less to nonresidential buildings, excluding public park facilities.

Process 2

2. Nonresidential building additions of floor area larger than 2,000 square feet to nonresidential buildings, excluding public park facilities.

Process 3
C. New residential buildings.

1. New residential primary buildings.    Process 3

2. New residential accessory buildings screened from adjoining public right‐ of‐way with less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area, and meets zoning standards.

Process 2

3. New residential accessory buildings unscreened from adjoining public right‐of‐way or larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3

4. Accessory Dwelling Units that vary from standards as specified in Section

17.28.270 in which discretionary review is allowed by State law.

Process 3
D. Residential building additions.

1. Residential building additions of floor area less than or equal to 500 square feet and less than 50 percent of the primary building’s floor area.

Process 2

2. Residential building additions of floor area larger than 500 square feet or greater than 50 percent of the primary building’s floor area.

Process 3
E. New accessory structures.
85 Redline Zoning Amendments   Page 59
Development Activities
Review
Process
(Section

17.12.060)

1. New accessory structures that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
F. Exterior changes.

1. Exterior changes to structures and sites that are ineligible for an Administrative Development Permit according to Section 17.16.095.

Process 2
G. Subdivisions and general provisions.

1. Development on new parcels created from a subdivision of property. Process 5

2. New Planned Residential Developments (PRD). Process 3

3. New golf courses. Process 3

4. Nonresidential projects abutting residentially zoned properties in compliance with Section 17.24.170.

Process 2

5. Relocation of structures according to Section 17.24.160, Relocation of Structures.

Process 3

6. Neighborhood Electrical Vehicle (NEV) parking credit in the North Beach Parking Overly according to Section 17.56.080.

Process 2

7. Subdivisions excluding condominiums. Process 5

8. Residential detached accessory buildings over 15 feet in height that encroach into required setbacks.

Process 3

9. Residential detached accessory structures over 15 feet in height.   Process 3 D.   Application Filing, Processing, and Review.

1.   Application Filing.
a. An application for a Cultural Heritage Permit shall be filed and processed according to Chapter 17.12.
b. The application shall include the information and materials specified in the application for a Cultural Heritage Permit with required fees, and any additional information required by the City Planner or Review Authority to conduct a thorough review of the proposed project, as described according to Section 17.12.060.
c. It is the responsibility of the applicant to provide evidence in support of the findings required by Subsection E below.

2.   Application Review.  A Cultural Heritage Permit review is initiated when the Planning Division receives an application package. Then, a case planner is assigned to coordinate the review of the application with City staff and other agencies as needed. At the direction of the City Planner, proposals are reviewed by the Development Management Team (DMT), staff from City departments with expertise in various subject areas. Upon receipt of an application, provided information and materials are reviewed to determine if applications are:
86 Redline Zoning Amendments   Page 60
i. Complete in compliance with Section 17.12.050;
ii. In compliance with the California Environmental Quality Act as specified in Section