Agenda packet, regular meeting, fourth session — San Clemente City Council, November 7, 2023 (part 3 of 4)

4. SECTION 00500, CONTRACT, ARTICLE 2. TIME FOR COMPLETION, “The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 120 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work”, is changed to
The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 120 working days from the commencement date stated in the Notice to Proceed. Upon the fully executed contract, City will provide authorization to contractor to procure all the necessary materials prior to issuing a NTP. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work”. -------------------------------------------------- END OF TEXT ------------------------------------------------- Attachment: Revised “Section 00430”, Page 25
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OFFICIAL NOTICE
Octobet' 12, 2023
TO: Prospective Bidders
PROJECT: WRP SPLITTER BOX REHABILITATJON
PROJECT NO. 14206
FROM: Belgin Cuhadaroglu - Associate Civil Engineer
SUBJECT: Addendum No. 2 to the Plans, Specifications and Bid Documents
Tran rnitted herewith is Addendum No. 2.

The attached questi
ons were received and the answers below supplement the c ntra t d cum nt .

The Contractor shall sign this page as acknowledgment of receipt of Addendum No. 2 and attach it to his/her bid proposal. Bids will not be accepted ·withou t this form attached.

We a knowledge receipt of Addendum No. 2 for the above mentioned project and hereby accept its terms
and conditions as part of our bid.
ignature -If/~
Date __ l-O-L1_8-/2~0-2_3 ____ _
_Jennette Company, Inc.

Contractor"s N ame
//'RP Si;/ille,· Box /?ehe1bililalio11, Projec:I No. /../206 . lddend11111 No. 1
DRAFT
WRP Splitter Box Rehabilitation, Project No. 14206
Addendum No. 2
ADDENDUM NO. 2
October 12, 2023
TO: Prospective Bidders
PROJECT: WRP SPLITTER BOX REHABILITATION
PROJECT NO. 14206
FROM: Belgin Cuhadaroglu – Associate Civil Engineer
SUBJECT: Addendum No. 2 to the Plans, Specifications and Bid Documents THE FOLLOWING CHANGES HAVE BEEN MADE TO THE CONTRACT DOCUMENTS:

Front End Documents
SECTION 00400, Bid Form;

Page 13 ends

THE FOLLOWING QUESTIONS WERE RECEIVED AND THE ANSWERS BELOW ARE PROVIDED FOR FURTHER CLARIFICATION:

Q1: Can the splitter box be shut down with no flow to expedite the removal of the sluice gate? A1: The flow to the splitter box can only be stopped for 30 minutes between the hours of 2 am and 5 am. We do not anticipate the flow needing to be stopped to remove the slide gates in the splitter box.

Q2: What kind of bypassing will be required?
A2: The contractor can use inflatable pipe plugs, either at splitter box effluent pipes or primary clarifier influent pipes, during the isolation of the channel for the installation of gates. Small sump pumps will be required to drain the channel (drain channel to downstream of the primary clarifier channel).

Q3: Bid item 7 calls for 65 square feet of “Lining of PCI Channel as needed”. Is the lining to be in accordance with specification section 09 96 56 “High Performance Chemical – Resistant Coating? Is the lining to be applied on the concrete only?
A3: Lining per spec section 09 96 56 is to be applied. it is the discretion of the contractor on the method used to protect the existing lining while performing the work in and around the project area as indicated in the provided drawings. An estimated square footage of the lining to be applied/replaced along the PCI Channel wall and around the slide gate, and along the PCI Channel 158
DRAFT
WRP Splitter Box Rehabilitation, Project No. 14206
Addendum No. 2
wall where existing lining is damaged during rerouting of LPA piping is updated. Refer to Bid Item#7 in the bid schedule.

Q4: Specifications has epoxy injection grout but there is nowhere in the plans or scope of work calling for epoxy injection grouting?
A4: Use epoxy injection grouting to provide a water tight seal around new LPA pipes and existing influent pipes (5 each), where the pipes penetrate existing concrete walls along with the installation of the new slide gates (5 each) that are installed against existing concrete walls. Epoxy injection grouting shall also be applied as fill for any cracks that the City Engineer considers as a compromise to the integrity of the PCI Channels. Bid Item#8 is added to the bid schedule.

Q5: How long can the low-pressure air, (LPA), be shut down so the LPA bypass pipe can be installed? A5: For tanks online, the airline is allowed to be shut down for approximately five days for LPA pipe work. Contractor shall coordinate with the City for monitoring buildup of solids.

Q6: The low-pressure air pipe is 4” PVC. Is the 4” PVC to be sch 40? A6: The new LPA piping shall be PVC schedule 80.

Q7: Can we get a section view of the 4" LPA PVC re-routing for channels 1 through 4? A7: Please refer to plan drawings and attached section schematic for 4" LPA horizontal and vertical pipe quantity take-offs. Vertical pipe will need to be field verified. Please see attached section schematic, Revised M-02.

Q8: What material to be used for Slide Gates? The specifications request Duplex 2205 material and the drawing request 316L.

A8: Slide Gates shall be 316L SST per contract drawings.

Q9: Drawing D-01 demolition notes 5 and 6 indicates removing (2) 30'-4"x 4'-0" x 8" sections of concrete @ PCL 4 and 5. Is any concrete removal required @ PCL 1,2, and 3? A9: Existing concrete in PCI Channel 1, 2, and 3 is expected to be protected in place as indicated in the drawings. However, if the contractor does require demolition on the existing concrete in PCI Channel 1, 2, and 3 it is the responsibility of the contractor to repair the concrete per notes provided in the drawings. In addition, the concrete wall where the slide gates are being installed will need to be prepped so that the slide gates are installed flush with the wall.

Q10: Please confirm none of the sections of existing concrete that will be cut need to be coated.

A10: Existing concrete and lining shall be protected in place per notes provided in the drawings.

Any damages to either concrete or lining shall be replaced as indicated in the general notes 2&6 of Drawing D-02. Lining shall be provided up to the top of concrete channel for PCI Channels 4 & 5.

Q11: Please confirm that the 4’-0 section of concrete to be demolished at PCI 4 & 5 will not exceed the PCI wall.

A11: The concrete horizontal cut is to go up to the wall and not beyond.

Q12: Note 10 on drawing T-03 is calling for survey required to perform the work. I do not think that a survey is required. Please clarify.
159
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WRP Splitter Box Rehabilitation, Project No. 14206
Addendum No. 2
A12: Survey work will not be required for this project. However, it is the responsibility of the contractor to field verify elevations for installation of all new piping and equipment as indicated on the drawings.

Q13: Drawing T-03 Notes call for curb & gutter, sidewalks, asphalt, PCC paving, irrigation systems, and dewatering contaminated groundwater. None of these items are part of the project scope. Please clarify.

A13: Curb & gutter, sidewalks, asphalt, PCC paving, irrigation systems, and dewatering contaminated groundwater will not be needed for this project.

Q14: Drawing T-03 has Storm Drain Notes for reinforced concrete pipes, concrete structures, manholes and covers, water discharges, Domestic Water Notes and Recycled Water Notes are not part of the project scope. Please clarify.

A14: It is not expected for storm drain, domestic water, and recycled water pipes to be encountered during the construction of this project. However, if any damages are incured to existing piping, not included in the demolition drawings and notes, it is the responsibility of the Contractor to repair in accordance with the notes provided on T-03 at no additional cost to the City. -------------------------------------------------- END OF TEXT ------------------------------------------------ Attachment: • Revised Bid Form “Section 00400” • Section schematic for 4” LPA PVC

160
DRAFT
55452.01510\32905704.2
13 SECTION 00400
BID

FORM REVISED
SECTION 00400
BID

FORM REVISED
NAME OF BIDDER:

The undersigned, hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any, for the following Project:

WRP SPLITTER BOX REHABILITATION

BID SCHEDULE REVISED
Bid
Item
No.

Bid Item Description Unit of
Measure
Est.

Qty
Unit
Price
Total Item Cost

1. Mobilization And Demobilization LS 1

2. Site Demolition LS 1
3A 18" Inflatable Pipe Plugs for PCI
Channel Isolation
EA 3
3B 24" Inflatable Pipe Plugs for PCI
Channel Isolation
EA 2

4. Replacement of Hatches LS 1

5. Installation of Gates LS 1

6. Waste Management Plan LS 1

7. Lining of PCI Channel * SF 200

8. Epoxy Injection Grout ** LF 150
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail and, shall be utilized as the basis for determining the lowest responsive, responsible bidder. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the “Item Cost” column, then the amount set forth in the “Item Cost” column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.

If any of the above discrepancies exist, the City may recalculate the bid price on the basis of the unit price and the bidder agrees to be bound by such recalculation.

It is understood that the quantities shown for the unit price items are approximate only and subject to increase or decrease, being stated only for the purpose of comparing bids and fixing the amount of surety bonds, and that should the quantity of work on the unit price basis be increased, the undersigned Bidder will perform the additional work at the unit price set out herein, and that should 161
DRAFT SECTION 00400 BID FORM REVISED REVISED
55452.01510\32905704.2
14 SECTION 00400
BID

FORM REVISED
the quantity be decreased, payment is to be made on the actual quantity installed at such unit price, and the undersigned Bidder will make no claims for anticipated profits or additional compensation for any increase or decrease in the quantity. It is further understood that actual quantities on the unit price items will be determined upon completion of the work covered by the Contract.
*Contractor shall provide the City Engineer with the quantity of lining to be replaced and obtain City Engineer's approval prior to replacement of the lining. Additional lining required for this project which is outside of this estimated quantity shall be replaced by the Contractor at no additional cost to the City.
**Contractor shall provide the City Engineer with the quantity of epoxy injection grout required for water tight seal around piping described above and new slide gates, while also including quantity of fill for any cracks that the City Engineer considers as a compromise to the integrity of the PCI Channels. City Engineer's approval shall be obtained prior to application of the epoxy injection grouting.

Final payment shall be determined by the Engineer from measured quantities of work performed based upon the unit price.

TOTAL BID PRICE (BASED ON BID SCHEDULE):
$ ________________________________________
Total Bid Price in Numbers
__________________________________________________________________________ Total Bid Price in Written Form
In case of discrepancy between the written price and the numerical price, the written price shall prevail. In case of a discrepancy between the electronic bid form in the City’s Planet Bids system (if used) and this completed bid form, the signed hardcopy bid form (or scanned signed form uploaded to the City’s Planet Bids system, shall prevail.

The undersigned agrees that this Bid Form constitutes a firm offer to City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Bids from the bid opening, or until a Contract for the Work is fully executed by City and a third party, whichever is earlier.

The Contract duration shall commence on the date stated in City’s Notice to Proceed, and shall be completed by the Contractor in the time specified in the Contract Documents. In no case shall the Contractor commence construction prior to the date stated in City’s Notice to Proceed.

Bidder certifies that it is licensed in accordance with the law providing for the registration of Contractors, License No. _________, Expiration Date _______, class of license _____. If the bidder is a joint venture, each member of the joint venture must include the above information.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents.
162
DRAFT SECTION 00400 BID FORM REVISED REVISED
55452.01510\32905704.2
15 SECTION 00400
BID

FORM REVISED
Addenda No. _______________________
Addenda No. _______________________
Addenda No. _______________________
Bidder has attached the following:

1. The completed Contractor’s Certificate Regarding Workers’ Compensation form.

2. The required bid security in the amount of not less than 10% of the Total Bid Price.

3. The fully executed Non-Collusion Declaration form.

4. The completed Contractor Information and Experience form.

5. The completed List of Subcontractors form.

6. The completed Iran Contracting Act Certification form (for bids of $1,000,000 or more).

7. The completed Public Works Contractor Registration Certification form.

I hereby certify under penalty of perjury under the laws of the State of California, that all of the information submitted in connection with this Bid and all of the representations made herein, including Contractor’s license number and expiration date, are true and correct. I further certify that the signatory below is authorized to submit this Bid and bind the Bidder to the terms of these Contract Documents.

Name of Bidder
Signature
Name
Title
Dated

END OF BID FORM
163
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(NOT IN SERVICE)
(E) PCL NO. 5
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WRP SPLITTER BOX REHABILITATION Project No. 14206
12 WRP SPLITTER BOX REHABILITATION PROJECT NO. 14206

BID SET
NOTES:

EQUIPMENT & MATERIAL NOTES:

H.R. T.F.

K.S. MECHANICAL LOWER PLAN M-02
10 SCALE:

MECHANICAL LOWER PLAN
1/8" = 1'-0"
WORK RESTRICTIONS:

LIMITS OF CONSTRUCTION

SECTION
FIELD
VERIFY
NOTES:
1) SECTION WAS CREATED
FOR THE 4" LPA PIPING
2) GATE IS NOT SHOWN FOR

CLARITY
(E) 4" LPA
A
(E) 4" LPA
A
SCALE: NTS
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1 CONTRACTOR SHALL COORDINATE WITH THE CITY PRIOR TO
ANY WORK RELATED TO THE 4" PVC LPA PIPE AND SLI DE
GATES

2. CONTRACTOR SHALL FIELD VERIFY LOCATI ON OF 4H PVC LPA PIPE TO BE RELOCATED AND MATCH IN- KIND. CONTRACTOR

SHALL INSTALL BLIND FLANGES AT THE ENDS OF THE LPA
PIPE TO PREVENT AIR LEAKS. CONTRACTOR SHALL PROVIDE
PIPE SUPPORT EVERY 4' OF SPOOL.
e
0 8' 16'
SCALE: 1/8" = 1'-0"
24'
(E) HOSE BIBB
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I WA; ER l ~FRASTRUCTURE ENGINEERS I
REV. I DATE: DESCRIPTION BY: I APP'W:

REVISIONS R E F E R E N C E S A P P R O V A L S

I I I I I
I I ii Ii
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DRA'RN BY:

CHECKED BY :

D.T. REBENSDORF RCE C60091
UTIUTlES DIRECTOR
3 UN LESS NOTED OTHER WISE, ALL EXISTING MATERIALS AN D

EQUIPMEN T TO REMAIN SHALL BE PROTECTED IN PLACE BY

THE CONTRACTOR AT ALL TIMES

4. CONTRACTOR SHALL PROTECT IN PLACE ALL EXISTING
CONCRETE WALLS W1TH IN THE PR IMARY CLARIFIER INFLUENT
(PCI) CHANNEL. CONTR ACTOR SHALL REPAIR ALL DAMAGED

CONCRETE WALLS PRIOR TO IN STALLATION OF ALL SLIDE
GATES AND APPURTENANCES. ALL DAMAGED CONCRETE
SHALL BE REPAIRED ACCORDING TO ACI 546R- 96.

5. CONTRACTOR SHALL PROTECT IN PLACE ALL EXISTING LI NING WITH IN THE PCI CHANNELS. ALL DAMAGED LI NI NG SHALL BE REPAIRED ACCORDING TO SPECIFICATION SECTION 09 96 56.

1. CONTRACTOR SHALL KEEP EXISTI NG SPLITTER BOX, A MINIMUM OF ONE OF THE SINGLE PRIMARY CLARIFIERS (PCL NO. 1, PCL NO. 2, OR PCL NO. 3) AND ONE DOUBLE PRIMARY CLARIFIER
(PCL NO. 4 OR PCL NO. 5) IN SERVICE AT ALL TIMES
THROUGHOUT THE EN TIRE LENGTH OF CONSTRUCTION FOR THIS PROJECT. 2 CON TRACTOR SHALL COORDINATE WI TH THE CI TY AND INSTALL EQUIPMENT WITHIN EACH PCI CHANNEL TO MINIM IZE SHUT DOWNS OF THE PRIMARY CLARIFIERS. 3 THE CONTRACTOR WI LL BE ALLOWED A MAXIMUM OF THREE

SHU T DOWNS

4. EACH SHUT DOWN SHALL BE RESTR ICTED TO FIVE
CONSECU TI VE CALENDAR DAYS.
5 4" PVC LOW PRESSURE AIR (LPA) PIPE AND SLIDE GATES

SHALL BE INSTALLED BEGINNING AT THE DOWNSTREAM END IN
THE PCI CHANNEL NO. 5 AND CON TI NUE UPSTREAM.

6. CONTRACTOR SHALL PROVIDE TEMPORARY BYPASS LPA TO

KEEP DOWNSTREAM PCI CHANNELS IN SERVICE WHEN WORKING
ON UPSTREAM PCI CHANNELS.
7 4" PVC LPA PIPE AND SLIDE GATES SHALL BE IN STALLED IN

THE PCI CHANNEL AFTER CORRESPONDING PIPE HAS BEEN

PLUGGED TO TEM PORARILY OBSTRUCT FLOW FROM EN TER ING
THE CHAN NEL. CONTRACTOR SHALL ALSO DRAIN THE

CHANNEL BEFORE ALLOWING ANY PIPING WORK TO BEGIN

8. CONTRACTOR SHALL PROVIDE SUMP PUMPS TO DRAIN THE

CHANNELS
CD 18" SLI DE GATE. (SEE NOTE 4&5)
0 0 0 0
24" SLI DE GATE. (SEE NOTE 4&5)
4" PVC 90° ELBOW. (SEE GENERAL NOTE 2) 4"x4"x4" PVC TEE. (SEE GENERAL NOTE 2) 4'" PVC BALL VALVE WITH 2" OPERATING NUT. (SEE GENERAL NOTE 2)
©
0 4" PVC UNION, EPDM 0 - RING. (SEE GENERAL NOTE 2) 4" BLIND FLANGE. (SEE GENERAL NOTE 2) CITY OF SAN CLEMENTE SHEET _ Of" _
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City of San Clemente/Environmental Programs
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Phone (949) 498-9436 / Fax (949) 361-8316
CR&R (877) 728-0446
City of San Clemente Building Permit Applicants
Construction & Demolition Debris Recycling Requirements San Clemente Municipal Code 8.69, Ordinance #1286
To obtain a Building Permit for covered construction and demolition (C&D) projects, Applicants are required to have one of the following: • An approved Waste Management Plan (WMP) or
• Elect to use a C&D recycling bin provided by the City’s franchise waste hauler.

Applicants can choose to use the City’s franchise waste hauler and can arrange for service by contacting CR&R at (877) 728-0446 and requesting a C&D bin for their project.

Covered Projects
All construction, demolition, and renovation projects within the City removing recyclable material shall be considered “Covered Projects.”
The WMP documents how Applicants will meet the City's State mandated goal of reducing the quantity of C&D debris disposed of at landfills by 75% or greater.

All forms are available at permit application and must be completed, submitted and approved prior to permit issuance.

Building Permits will not be issued without an approved WMP or CR&R work order.

DO NOT LANDFILL CONSTRUCTION DEBRIS
Local Landfill Does Not Recycle Construction Debris
(Please note the local Prima Deshecha landfill is NOT a recycling center, please do not list it as your recycling center) A Recycling Summary Report (RSR) must be submitted upon completion of construction. The RSR indicates actual recycling activities and documents compliance with Municipal Code 8.69.

Failure to submit a RSR within 60 days of completing the project can result in forfeiture of your security deposit.

Have questions? Please contact the Environmental Programs at (949) 498-9436. WMP forms may be picked up at Building Department.
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City of San Clemente Page 2
What You Need To Do
There are 3 steps to comply with the City's C&D Debris WMP Requirements. (If you elect to use CR&R you only need to contact CR&R and request a C&D bin for your project). • Step 1 - Complete and submit a WMP with your Building Permit application along with the applicable fees. See the attached WMP Fee Schedule to determine the required fee. • Step 2 - During construction/demolition, gather supporting data for your RSR • Step 3 - Submit a completed RSR within 60 days of project completion Construction & Demolition Debris Facilities flyers are available to help you identify facilities that will accept your construction and demolition debris for recycling. For other assistance and questions about filling out forms, call the Environmental Programs at (949) 498-9436.

The WMP is part of your building permit application and is your plan for reusing, diverting, and/or recycling 75% or greater of all construction and demolition debris from your project.

Note: Quantities must be listed in tons to meet City and State mandated reporting requirements. To convert volume (e.g., cubic yards, square feet, etc.) to tons, use the Materials Conversion Worksheet provided.

To avoid delays in obtaining your Building Permit: • Submit your completed WMP with your permit application. • Allow 3-5 business days for WMP processing. • Remember that your Building Permit application is deemed incomplete without an approved WMP. Building Permits will not be issued prior to WMP approval.

Step 1 - Complete and Submit a WMP
If your submitted WMP indicates that less than 75% of the C&D debris will be reused or recycled, you may need to provide additional information (in writing) explaining why the 75% requirement cannot be met. For example, written verification of hazardous materials contamination is required if stated as the reason for not meeting the City's waste reduction and recycling requirements.

Where to Submit Forms: Submit completed WMP at the Building Permit Counter, 910 Calle Negocio. Keep a copy for your records.

Who Should Fill Out the WMP: The Applicant (e.g., architect, contractor, owner, etc.) is ultimately responsible for submitting a completed WMP with their Building Permit application.

The WMP can be filled out by whoever is knowledgeable about the types and quantities of debris that will be generated from the project. If you need help, ask the contractor, subcontractor, or estimator for assistance.

Subcontractor Participation: If subcontractors are required to remove debris from the job site, they can play a key role in helping you meet the City's recycling requirements. Inform subcontractors of your waste reduction and recycling program and what is required of them early in 171
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City of San Clemente Page 3
the project. The applicant must provide documentation for any materials subcontractors are hauling.

Documentation must include types, quantities, weights and destination of materials. It must also specify amount salvaged and/or recycled. We strongly recommend including specifications or other language for recycling and/or reuse in your contracts. Informing your sub-contractors of your requirements up front helps eliminate confusion later.

Review Process: The WMP Form will be reviewed to ensure that it is complete and accurate. City staff will review the WMP to determine if the applicant's estimates for quantities of materials generated and overall plan for reducing waste by 75% or greater are realistic.

If the WMP is not acceptable (e.g., the form is incomplete, the calculations are unrealistic, etc.) the applicant will be contacted and advised of needed changes. A HOLD WILL BE PLACED ON ISSUANCE OF THE PERMIT once the applicant has been notified by phone or fax of necessary revisions. The hold remains effective until the identified issue(s) has been addressed and the WMP is approved. The review process for a properly completed WMP is 3 to 5 business days.

Step 2 - Gather Data for Your RSR
After your Building Permit is issued and you are ready to begin work, you will need to begin recording information for your RSR. Unlike the WMP, which is an estimate, the RSR documents your actual tonnages. You are required to keep all weight tags, gate receipts, and/or invoices necessary to document actual quantities of materials generated, reused, recycled, and/or disposed of throughout the project, as well as facilities or service providers used.

It is your responsibility to obtain written receipts from subcontractors and other parties removing debris from your site. Notify subcontractors/hauler(s) of this requirement before work begins.

Important: The City may review weight tags or other related documents at any point in the project.

Step 3 - Complete and Submit Your RSR
A completed RSR must be submitted to the City within 60 days of completion. The RSR is similar to the WMP, except that it indicates actual quantities and destinations of materials rather than estimates. Quantities must be verifiable, based on weight tags or other sufficient documents. If less than 75% of the C&D debris from the project was diverted from landfill disposal, you must submit documentation with your RSR demonstrating that a "good faith" effort was made to achieve the 75% waste reduction goal. Documentation must specify, in detail, the reasons why you could not meet the City's requirement.

Due Date: RSR’s are due within 60 days of completion. They must be submitted to the Environmental Programs at 910 Calle Negocio, San Clemente, 92673. Be sure to keep a copy for your records.

Review Process: The RSR will be reviewed to determine if the applicant met or exceeded the goals for reuse and recycling stated in their WMP.
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City of San Clemente Page 4
Rules for Transporting C&D Debris
Q. Who can transport construction and demolition debris in the City of San Clemente? A. It is unlawful for any person other than the City's licensed franchised solid waste collector to collect or haul any solid waste or construction and demolition debris within the City except:
i) Solid waste otherwise within the scope of the Franchise which is transported to an appropriate disposal facility by a resident of the premises upon which the solid waste was generated (includes any contractor of such resident that owns their own dumpster and is on-site throughout the job and is the generator of the debris); ii) Waste material otherwise within the scope of the Franchise which is transported to an appropriate disposal facility by an officer or full time, permanent employee of the commercial, construction or industrial enterprise that generated the waste (includes any contractor of such resident that owns their own dumpster and is on-site throughout the job and is the generator of the debris);
iii) The sale or donation of Recyclable Material or compostable material other than to contractor; provided, however, to the extent permitted by law, a reduction or discount in price for the collection, transportation or processing of such materials shall not be considered a sale or donation;
iv) Waste material or Recyclable Material otherwise within the scope of the Franchise which is collected or transported to a disposal or recycling facility by City employees in the course and scope of their employment with the City;
v) The collection, transportation or disposal of hazardous, bio-hazardous, untreated medical waste, or infectious waste which is transported to an appropriate disposal facility by any person or entity properly licensed and/or certified to collect, transport and dispose of such materials; vi) The collection, transportation, and disposal of clippings, cuttings, yard waste and related solid waste by a gardener, or landscaper, as part of the gardening or landscaping services they provide, provided that such waste is taken to a legal place of composting, diversion, or disposal.
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City of San Clemente Page 5
Waste Management Plan (WMP) Fee Schedule
Performance Security Deposit and Administrative Fees
C&D Recycling Performance Security Deposit.

The Applicant for any Covered Project shall submit with the Waste Management Plan a refundable C&D Performance Security Deposit. The amount of the C&D Performance Security Deposit shall be as follows:

A. For each application for a building permit for re-roofing with tear-off of the existing roof, a loft remodel and/or projects with dirt removal, the C&D Performance Security Deposit shall be $250.

B. For each application for a building permit for a Renovation consisting of alteration, remodel, or modification (except for additions, which are addressed in paragraph C below) of a residential or commercial structure, the C&D Performance Security Deposit shall be $500.00.

C. For each application for a building permit for a Renovation that consists of an addition to an existing residential or commercial structure, the C&D Performance Security Deposit shall be $750.00.

D. For each application for a building permit for new Construction of a residential or commercial structure, the C&D Performance Security Deposit shall be $1,000.

E. For each application for a building permit for the Demolition of a residential or commercial structure, the C&D Performance Security Deposit shall be $1,000.

F. For each application for a City-sponsored Project, regardless of size, the C&D Performance Security Deposit shall be $1,000.00.

Note: Failure to submit your Recycling Summary Report within 60 days of project completion will result in forfeiting your security deposit.

Administrative Fee.

Prior to the City's issuance of any permit for a Covered Project, the Applicant shall pay to the City a $60.00 non-refundable fee for processing the Applicant's Waste Management Plan. 174
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City of San Clemente/Environmental Programs
380 Ave. Pico, #N
San Clemente, CA 92672
Phone (949) 498-9436 / Fax (949) 361-8234
[email protected]
CR&R, Inc. (877) 728-0446

DO NOT LANDFILL CONSTRUCTION DEBRIS
Local Landfill Does Not Recycle Construction Debris
Waste Management Plan (WMP)
Complete and submit the following information with each application for a building permit.

Owner Name Owner Phone No.

Owner Address
Contractor Name Contractor Phone No.

Contractor Address
Project Address
Description of Project
Anticipated materials removed from project
Estimated volume or weight of each material type
Estimated volume or weight of material that can feasibly be recycled or reused Location where material will be recycled
(Please note the local Prima Deshecha landfill is NOT a recycling center, please do not list it as your recycling center) Please do not landfill construction debris
most materials are recyclable but if it’s not
a recyclable, name of landfilled used
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining and or providing information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and or imprisonment.

SIGNED: DATE:

Contractor
Property Owner
Once the project is finaled, please complete the Recycling Summary and submit with your recycling trip tickets to Environmental Programs at 380 Ave. Pico, #N San Clemente, CA 92672 or fax to (949) 361-8234. Failure to submit your Recycling Summary Report within 60 days of project completion will result in forfeiting your deposit. 177
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: November 7, 2023 Agenda Item: 7H
Department: Public Works
Prepared By: Amir K. Ilkhanipour, Principal Civil Engineer Subject:

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO CONDOR, INC. FOR THE AQUATIC CENTER MAIN POOL REPLASTER, CIP PROJECT NO. 12808; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN AN AMOUNT NOT TO EXCEED $616,000
Fiscal Impact:

The estimated construction cost of $788,000 is within the available approved project budget of $1,098,805 from the General Fund, Vista Hermosa Aquatic Center Pool Replaster, Account No. 016-804-45300-000-12808.

Summary:

On August 17, 2021, the City Council authorized a supplemental appropriation in the municipal budget using ARPA funding to replaster of the Avenida Vista Hermosa Sports Park Main Pool.

The existing plastering is at the end of its useful life and is in need of replacement. The work generally includes replastering the pool, installation of new LED underwater lighting and recommissioning of the pool with balanced chemicals.

Staff is requesting the City Council consider approval of a construction contact with Condor, Inc. for the Aquatic Center Main Pool Replaster, in an amount of not to exceed $616,000, plus a 19% construction contingency of $117,000, for the replaster and rehabilitation of the Aquatic Center Main Pool.

Background:

After years of service, the main pool
located at the Vista Hermosa Sports
Park is in need of replastering as a
result of normal wear and tear from
the pool chemicals. While the pool is
drained, other general repairs and
improvements related to the pool such
as the installation of new LED lighting,
waterproofing of the various surfaces,
adjacent gutters, and surge tank, the
rebalancing of water chemistry upon refill of the pool and the replacement of the main drains inside of the pool will be performed.
1 Meeting Date: November 7, 2023 Agenda Item: 7H

CITY OF SAN CLEMENTE
Staff prepared a bid package, notified local contractors and advertised the project for competitive bidding on the PlanetBids website. Three bids were received on October 20, 2023, ranging from $616,000 to $1,210,000, including the alternative bid items. The lowest responsive and responsible bidder, based on the “Base Bid”, was from Condor, Inc., of El Monte, in the amount of $598,000 with a total of $616,000 including bid alternatives. While local contractors were notified of the bid advertising, no local contractors submitted a bid.

Based on the low base bid and alternate bid items, the estimated construction cost for this project is as follows:

Construction Administration, Management & Inspection: $ 55,000 Construction Contract: 616,000
Contingency (19%): 117,000
Total Estimated Construction Cost: $ 788,000
As required by the City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3). Project plans and specifications are on file in the City Clerk’s office.

For informational purposes, the smaller pool at the Vista Hermosa Sports Park and the pool at the Ole Hanson Beach Club will remain open during the replastering of the main pool.

Council Options:
 Adopt Resolution No. 23-127, awarding the contract for Aquatic Center Main Pool Replaster to Condor, Inc., authorizing the City Manager to execute a construction contract in an amount not to exceed $616,000, and approving a 19% construction contingency of $117,000.
 Modify and adopt Resolution No. 23-127.
 Continue the item and direct staff to provide additional information.

Environmental Review/Analysis:

It was previously determined that this project was categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to repair of already existing pool facilities under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities. A notice of exemption has been filed with the County of Orange Recorder’s Office on October 26, 2023 for this project. (See attachment 4.)
Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 23-127, which will:

1. Award the Aquatic Center Main Pool Replaster, CIP Project No. 12808, construction contract to Condor, Inc. as the lowest responsible and responsive bidder; 2 Meeting Date: November 7, 2023 Agenda Item: 7H

CITY OF SAN CLEMENTE

2. Authorize the City Manager to execute a construction contract with Condor, Inc. in an amount not to exceed $616,000, in a form substantially similar to Contract No. C23-65 (Attachment 3); and

3. Approve a 19% construction contingency of $117,000.
..end
Attachment:

1. Location Map

2. Resolution 23-127

3. Draft Contract

4. Notice of Exemption
Notification:

All bidders.
3 CALLE PARADISO

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Aquatic Center Main
Pool Replaster
PN 12808
ATTACHMENT 1

NOT TO SCALE

PROJECT

LOCATION
4 C
e
!
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-8316
ATTACHMENT 2
4882-9904-3949 v1
RESOLUTION NO. 23-127

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A
CONSTRUCTION CONTRACT TO CONDOR, INC. FOR

THE AQUATIC CENTER MAIN POOL REPLASTER, CIP
PROJECT NO. 12808 IN AN AMOUNT NOT TO EXCEED
$616,000; AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT
WHEREAS, the plastering in the Avenida Vista Hermosa Sports Park Main Pool is in need of replacement; and
WHEREAS, while the pool is drained and empty, there is also the opportunity to make improvements to features of the pool in need of upgrades as well; and WHEREAS, during the refill of the pool water, the chemistry will be properly balanced to ensure longevity of the newly installed plaster; and WHEREAS, staff determined that the work was categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities - 14 CCR §15301), Section 15301 of the State CEQA Guidelines and filed a Notice of Exemption with the County of Orange Recorder’s Office on October 26, 2023 for this project; and WHEREAS, this project was competitively bid and on October 20, 2023, staff received three responsive base bids from Condor, Inc., California Waters Development, Inc. and USA Construction in the amounts of $598,000, $631,061 and $1,090,000 respectively for the replaster of the main pool.

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

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

SECTION 2. That the construction contract for the Aquatic Center Main Pool Replaster, CIP Project No. 12808, is hereby awarded to Condor, Inc. as the lowest responsive and responsible bidder.

SECTION 3. That the City Manager is authorized and directed to execute a construction contract with Condor, Inc. in an amount not to exceed $616,000 for CIP Project No. 12808 in a form substantially similar to that presented to City Council on November 7, 2023.

SECTION 4. That a 19% construction contingency of $117,000 for CIP Project No. 12808 is hereby approved and the City Manager is authorized to use such contingency for this project to the extent necessary and proper. 5 Resolution No. 23-127 Page 2
4882-9904-3949 v1
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. 23-127 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:

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2023, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, Condor, Inc., hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

Aquatic Center Main Pool Replaster, CIP PROJECT NO. 12808 The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within Thirty-Seven (37) working days from the commencement date stated in the Notice to Proceed and must be completed before February 9, 2024. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the according to the prices set forth in Contractor’s bid with a guaranteed maximum price not to exceed the sum of Six-Hundred Thousand, Sixteen Dollars ($616,000). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents. This project includes a 19% contingency in the amount of one hundred and seventeen thousand dollars ($117,000) for unforeseen conditions. In no event shall approved additional work exceed such project contingency, nor shall the total amount of compensation for work performed under this Contract, including approved additional work, exceed seven hundred thirty-three thousand dollars ($733,000).

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that 7 amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City Clerk’s Office or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures. 8 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
Condor, Inc.

By:_____________________________
Fred Weiss, President
Dated: __________________, 2023
By:_____________________________
Earl Weiss, CFO
Dated: __________________, 20____
9 END OF CONTRACT
10 Notice of Exemption
To: Office of Planning and Research
P.O. Box 3044, Room 212
Sacramento, CA 95812-3044
County Clerk
County of ___________ _
Form D
From: (Public Agency) City of San Clemente (Amir llkhanipour) Public Works/Engr. Divsion, 910 Calle Negocio
San Clemente, CA 92673
(Address)
Project Title: Aquatics Center Main Pool Replaster
Project Location - Specific:
987 Avenida Vista Hermosa, San Clemente, CA, 92673
Project Location - City: San ---------- Clemente
Description ofNahrre, Purpose and Beneficiaries of Project:

Project Location - County: Orange
Work consists primarily of the replastering of the main pool at the Aquatics Center. Adjacent work to also be completed includes the waterproofing of various surfaces, gutters and the surge tank, installation of new underwater LED lighting, start up and rebalancing of pool water chemistry, and replacement of main drains. The plaster currently exhibits deterioration and to preserve the integrity of the pool this project must be completed.

Name of Public Agency Approving Project:

Name of Person or Agency Carrying Out Project:

Exempt Status: (check one)
D Ministerial (Sec. 21080(b)(l); 15268);
City of San Clemente
City of San Clemente
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
D Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
!Kl Categorical Exemption. State type and section number: S-------------------- ection 15301, Class 1 □ Statutory Exemptions. State code number:------------------------- Reasons why project is exempt:

Consistent with Section 15301, the project will repair the existing pool facility at the Vista Hermosa Sports Park Aquatics Center
Lead Agency
Contact Person: Christopher Wright
If fi.lecl by applicant:

1. Attach certified document of exemption finding.

Area Code/Telephone/Extension: (949) 361-6193

2. Has a Noti��
::7"rf r o
"
�
by
/1
the p�, ,g,n,y apprnving the prnJeot? � Yes □ No
Signa� v� Date: i o r Z... '{ \ "2. 3 Title: Associate Planner II □ Signed by Lead Agency
Date received for filing at OPR: _________ _
□ Signed by Applicant Revised 2005
28 ATTACHMENT 4
11 •
•
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: November 7, 2023 Agenda Item: 8A
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
Subject:

PUBLIC HEARING #6 TO ADOPT ORDINANCE NO. 1762 ADDING SECTIONS 2.04.010 THROUGH 2.04.012 TO THE SAN CLEMENTE MUNICIPAL CODE TO TRANSITION TO BYDISTRICT ELECTIONS AND SETTING MAYORAL TERM LIMITS..body Fiscal Impact:

None.

Summary:

The purpose of this Sixth Public Hearing is to receive public input and conduct the second reading to adopt Ordinance No. 1762 which will complete the process in transitioning from atlarge to by-district elections for City Council and setting a life-time term limit of three full terms (six years, plus any partial appointed terms) for the Mayor by adding Sections 2.04.010 through

2.04.012 to the San Clemente Municipal Code.

Background:

On August 15, 2023, the City Council adopted Resolution No. 23-85 declaring the City of San Clemente’s Intent to Initiate Procedures to Consider Transition from At-Large Elections to ByDistrict Elections pursuant to California Elections Code Section 10010. Pursuant to Elections Code section 10010. The City Council held public hearing numbers 1 and 2 on August 15, 2023 and September 5, 2023, to receive public input regarding the composition of the districts, the number of districts and potential election sequencing. On October 3, 2023, the City Council held public hearing number 3 to receive input on draft maps and potential election sequencing for bydistrict elections.

Following the timeline set forth in Resolution No. 23-85 and Election Code 10010, the City held two more public hearings and introduced an ordinance transitioning from at-large to by-district elections on October 17, 2023. The action before the City Council is the adoption of Ordinance No 1762.

As part of the transition, the City retained the services of NDC, whose consultants, Doug Johnson and Dr. Justin Levitt, have assisted with the design and revision of proposed maps as determined through the public hearing process and in compliance with the CVRA.

By adopting Resolution No. 23-85, the City Council adopted a tentative timeline (Attachment 1), which identifies the preliminary schedule for the required public hearings and public outreach. To date, the City has met the Safe Harbor provisions of Election Code 10010, which consists of 1 Meeting Date: November 7, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
holding a series of public hearings: including at least two public hearings prior to the drafting of proposed district maps; and at least two additional public hearings after the maps are drawn.

Drafts of the maps were published at least seven days before consideration at a hearing, and the revised maps were made available to the public for at least seven days before its adoption, and the potential sequence of elections was made public prior at the fourth public hearing, which was held on October 17, 2023. A final map was selected at the fourth public hearing, and no changes were made to the map. The City Council then conducted a fifth public hearing on the same night to introduce an ordinance to transition to by-district elections.

Public Review Process & Schedule for Transitioning to Districts Before adopting district-based elections, the City must prepare a draft map or maps for public review and consideration. However, pursuant to state law, before drawing any maps, the City was required to first hold at least two public hearings over a period of no more than 30 days for the purpose of allowing interested members of the public the opportunity to provide input regarding the composition of the districts. The first public hearing was conducted on August 15, 2023. The second of the two "pre-map" public hearings was conducted on September 5, 2023.

Following closure of the second public hearing on September 5, 2023, the City Council directed that draft maps be presented for public review and comment at two subsequent public hearings (i.e., at public hearings three and four) as required by state law. The City Council directed, pursuant to the criteria established by law, map options for four districts plus a directly elected atlarge Mayor. Proposed draft maps are required by state law to be presented for public review and comment during public hearings three and four. Per state law, the third and fourth public hearings were conducted within 45 days of each other.

Interested members of the public were provided with an opportunity to submit draft maps prior to the September 14, 2023 deadline in order to be considered by the Council during the third public hearing. The City's retained demographic consultant, National Demographics Corporation (NDC), prepared two draft maps for the Council's consideration, and nineteen maps were received from interested members of the public, eleven of which were unique. Each of the draft maps submitted by interested members of the public were analyzed and reviewed by NDC. The proposed draft maps are required to be provided for the public's review at least seven (7) days prior to the third and fourth public hearings. As such, the draft maps for the City Council's consideration during the third public hearing were posted on the City's website on September 21, 2023, in accordance with State law.

The third public hearing was conducted on October 3, 2023. Following closure of the third public hearing, the City Council identified draft map nos. 109, 111 and 112 as preferred "focus maps", and the Council expressed interest in further evaluating options for four districts plus a directly elected at-large Mayor relative to the "focus maps", giving direction to NDC to prepare additional maps combining preferred features from some of the focus maps.

Interested members of the public were provided with an opportunity to submit final draft maps prior to the October 6, 2023 deadline in order to be considered by the Council during tonight’s fourth public hearing. The final draft maps are required to be provided for the public's review at least seven (7) days prior to the fourth public hearing. As such, the final draft maps for the City 2 Meeting Date: November 7, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
Council's consideration during the fourth public hearing were posted on the City's website on October 10, 2023, in accordance with state law.

Public Input and Public Participation Toolkit:

City staff has and continues to conduct outreach, in both English and Spanish, to advise its residents of each public hearing by posting on social media channels such as the City’s Facebook page and Instagram. Additionally, the City has made informational flyers, providing sample maps in both English and Spanish, available throughout the City’s facilities. The City has also noticed each public hearing in the City’s adjudicated newspaper, The San Clemente Times, in Spanish and English. City staff has created a website page dedicated to this transition, whereby information is available in Spanish. The City Clerk notified all Homeowners Associations and conducted public outreach at the Human Affairs Committee. Staff provided an update to the public at a Planning Commission meeting and Public Safety Committee meeting, and all City Commissions and Committees were notified.

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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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 3 Meeting Date: November 7, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
creation of head-to-head contests between councilmembers previously elected by the voters, insofar as this does not conflict with federal or state law.

At the fifth Public Hearing on October 17, 2023, Council selected Map 109 and introduced Ordinance No. 1762. Council also set the election sequence for the transition to by-district elections. Council determined that Districts 3 and 4 shall be elected beginning at the General Municipal Election in November 2024, and the Mayor shall be elected beginning in 2026 and every two years after, and Councilmembers from Council Districts 1 and 2 shall be elected beginning at the General Municipal Election in November 2026, and every four years thereafter.

Next Steps
The final step in the districting process is to adopt an ordinance transitioning to by-district elections.

Ordinance Components
The proposed Ordinance has the following components:

1. Adoption of the chosen map with four districts.

2. A directly elected at-large Mayor with a two-year term beginning with the November 2026 election.

3. Maximum three full terms life-time limit (six years) for the Mayor.

4. Sequencing of the district elections with some in November 2024 and some in 2026, depending on the map.

5. A “poison pill” provision, whereby if the California Voting Rights Act of 2001 is ever found to be unconstitutional or amend in a manner so that it would not apply to the City, the Ordinance will automatically sunset.

Council Options:
 Adopt Ordinance 1762 to complete the transition to by-district elections.  Direct Staff to return to Council with additional information.  At any time in the future, Council can adopt a new map if the provisions of the California Voting Rights Act are followed.

Environmental Review/Analysis:
4 Meeting Date: November 7, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
This is not a “project” under CEQA.

Recommended Actions:

Staff Recommendation

1. Open and conduct the sixth public hearing.

2. Invite members of the public to provide feedback on Ordinance No. 1762.

3. Provide direction regarding selection of a final district map.

4. Adopt Ordinance No. 1762 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS 2.04.010 THROUGH 2.04.012 TO THE SAN CLEMENTE

MUNICIPAL CODE, ESTABLISHING A BY-DISTRICT ELECTION

PROCESS IN FOUR COUNCIL DISTRICTS WITH AN ELECTIVE OFFICE OF MAYOR PURSUANT TO CALIFORNIA ELECTIONS CODE § 10010
AND CALIFORNIA GOVERNMENT CODE §§ 34871(C) AND 34886 AND SETTING MAYORAL TERM LIMITS.
..end
Attachment:

1. Timeline

2. Ordinance No. 1762
Notification:
1/8 Page Ad in Spanish and English in the San Clemente Times 5 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
Regular City Council
Meeting
City Council adopts
Resolution declaring its
intention to transition from atlarge to by-district elections and holds first public hearing.

Mapping tools will be made
available shortly after adoption
of the Resolution of Intention.

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

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

September 14, 2023 Deadline for the public to
submit any proposed maps.

Draft maps must be posted for
at least 7 days before the third
public hearing.

September 21, 2023 Posting deadline for all maps
(public and consultant).

Draft maps must be posted for
at least 7 days before the third
public hearing.

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

October 10, 2023 Post any new or amended
maps and potential sequence
of elections
Draft maps must be posted at
least 7 days before fourth public
hearing
October 17, 2023
Regular City Council
Meeting
Fourth public hearing: Select
Map.

Fifth public hearing: Council
introduces ordinance
establishing district elections,
including district boundaries
and election sequence
Regarding content of draft
maps and sequence of
elections. Fourth public hearing
must be within 45 days of third
public hearing.

If selected map is amended,
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
(Special Meeting)
Optional meeting Only necessary if posted map is
changed
November 7, 2023,
Regular City Council
Meeting
2 nd reading of Ordinance and
Ordinance adopted
Last regular City Council
meeting before 90 days expire
6 2
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
7 ORDINANCE NO. 1762

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS 2.04.010
THROUGH 2.04.012 TO THE SAN CLEMENTE MUNICIPAL

CODE, ESTABLISHING A BY-DISTRICT ELECTION

PROCESS IN FOUR COUNCIL DISTRICTS WITH AN

ELECTIVE OFFICE OF MAYOR PURSUANT TO CALIFORNIA
ELECTIONS CODE § 10010 AND CALIFORNIA
GOVERNMENT CODE §§ 34871(C) AND 34886 AND SETTING

MAYORAL TERM LIMITS
WHEREAS, the City of San Clemente currently elects its five City Councilmembers using an at-large election system, and the City Council selects a Mayor and Mayor Pro Tem from among its members; and
WHEREAS, in the at-large election system, candidates may reside in any part of the City and each City Councilmember is elected by the voters of the entire City; and WHEREAS, the City's current electoral system observes the guarantees of Section 7 of Article I and Section 2 of Article II of the California Constitution, the Equal Protection Clause of the United States Constitution, and the federal Voting Rights Act; and WHEREAS, in a by-district election system, a candidate for City Council must reside in the district which he or she wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be; and WHEREAS, on July 10, 2023, the City received a letter from the Law Offices of Michelle R. Jackson, asserting the City's at-large electoral system violated the California Voting Rights Act, and threatening litigation if the City declined to adopt by-district elections; and
WHEREAS, the letter did not contain any evidence of a violation, but the cost of defending against a claim under the California Voting Rights Act is extremely high, even if the City is successful, and at this time such an expensive defense would severely burden the City's budget and curtail the City's ability to provide needed services to its residents; and WHEREAS, under the provisions of California Government Code sections 34870- 34884, a proposal to adopt a by-district method of election in a general law city must ordinarily be submitted to the voters of the city; and
WHEREAS, California Government Code section 34886 permits the City Council, to change the City's method of election by ordinance, with certain formalities, to a "by-district" system; and
WHEREAS, California Government Code section 34886, as amended effective January 1, 2020, provides:

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 ATTACHMENT 2
8 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); and
WHEREAS, California Government Code section 34871(c) provides for the election of members of the legislative body of a city by districts in four districts, with a separately elected mayor; and
WHEREAS, the City wishes to avoid litigation and take advantage of the provisions of Government Code section 34886, and therefore, pursuant to California Government Code section 34886, it is declared the change in the method of electing members of the City Council of the City of San Clemente made by this Ordinance also implements the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Section 14031 of the California Voting Rights Act, and WHEREAS, at its regular meeting of August 15, 2023, the City Council adopted a resolution of intent to establish a by-district voting process pursuant to Elections Code section 10010, Resolution No. 23-85; and
WHEREAS, under the provisions of California Elections Code section 10010, a political subdivision that changes from an at-large method of election to a by-district method of election 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 before drawing a draft map or maps of the proposed boundaries of the districts; and WHEREAS, before any maps of the proposed boundaries of the districts were drawn, the City Council held public hearings on August 15, 2023 and September 5, 2023, at which time input from the public on the proposed composition of the districts was invited and heard; and
WHEREAS, on September 21, 2023, consistent with the provisions of California Elections Code section 10010, the City published and made available for public review, thirteen (13) draft maps for consideration by the Council, two of which were prepared by the City's demographic consultant, and the rest of which were submitted by members of the public; and
WHEREAS, the potential sequence of elections for each such map was also published at that time; and
WHEREAS, between October 4, 2023 and October 10, 2023, the City published six (6) more draft maps submitted by the public and NDC, in addition to those already published on September 21, 2023, together with potential sequences of elections for each of those maps; and
9 WHEREAS, as required by California Elections Code section 10010, the City held a third public hearing on October 3, 2023, at which the public was invited to provide input regarding the content of the draft maps and the potential sequence of elections; and WHEREAS, after the close of the public hearings on October 3, 2023, the City Council provided instruction to the City's demographic consultant about making revisions to draft maps and identified map numbers 109, 111 and 112, which had been submitted by members of the public and NDC, as “Focus Maps”; and
WHEREAS, revised maps and the "Focus Maps", in addition to more maps submitted by the public, were made available for public review on October 10, 2023, and the potential sequence of elections for those maps was published as well; and WHEREAS, as required by California Elections Code section 10010, the City held a fourth public hearing on October 17, 2023, at which the public was again invited to provide input regarding the content of the draft maps and the potential sequence of elections; and WHEREAS, as required by California Elections Code section 10010, the City held a fifth public hearing on October 17, 2023, at which the public was again invited to provide input regarding Ordinance No. 1762; and
WHEREAS, it is the considered view of the City Council that map 109, attached hereto as Exhibit A and incorporated into this Ordinance by reference, will serve the best interests of the City of San Clemente; and
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of the members of the City Council of the City of San Clemente by-district in four single-member districts, and a separately elected office of Mayor.

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

Section 10: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.10, ADDED Section 2.04.10 of the San Clemente Municipal Code is hereby added as follows:

2.04.10 Four City Councilmembers and Elective Mayor.

Pursuant to California Government Code sections 34886 and 34871(c), commencing with the November 2024 general municipal election, the members of the San Clemente City Council shall be elected by-districts in four (4) single-member districts with an elective Mayor. Each Councilmember shall serve a term of four years subject to the term limit set forth in section 2.04.090. The Mayor shall be elected at large by the people of San Clemente and shall serve a term of two years, with a life-time term limit of three full terms, and without the ability to run for Mayor again after completing three full terms.
10 Section 2: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.11, ADDED Section 2.04.11 of the San Clemente Municipal Code is hereby added as follows:

2.04.11. By-District Electoral System for Four City Councilmembers.

A. Beginning with the general municipal election in November 2024, Councilmembers shall be elected in the electoral districts reflected on the map contained in Exhibit A hereto, which is incorporated fully herein by this reference, and as subsequently reapportioned as provided by law. Elections shall take place on a bydistrict basis as that term is defined in California Government Code section 34871, meaning one member of the City Council shall be elected from each district, by the voters of that district alone, except for the Mayor, who shall be elected citywide. In accordance with section 2.04.10, each Councilmember shall serve a four-year term until his or her successor has qualified.

B. Except as provided in subdivision (C) hereof, the Councilmember elected to represent a district must reside in that district and be a registered voter in that district, and any candidate for City Council must live, and be a registered voter in, the district in which he or she seeks election at the time nomination papers are issued, pursuant to California Government Code section 34882 and Elections Code section 10227.

Termination of residency in a district by a Councilmember shall create an immediate vacancy for that Council district unless a substitute residence within the district is established within 30 days after the termination of residency. (3) Notwithstanding any other provision of this section, each of the Councilmembers in office at the time this article takes effect shall continue in office until the expiration of the full term to which he or she was elected and until his or her successor is qualified. Vacancies in Councilmember offices elected at-large may be filled from the City at-large. At the end of the term of each Councilmember, that member's successor shall be elected on a by-district basis in the districts established in Subsection A and the map contained in Exhibit A hereto, as subsequently reapportioned as provided by law. A vacancy in a Councilmember office elected by-district shall be filled by a person qualified to hold the office, who is a resident of the district.

Section 4: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.12, ADDED Section 2.04.12 of the San Clemente Municipal Code is hereby added as follows:

2.04.12 Election Schedule for Councilmembers Elected By-District.

A. Consistent with Sections 2.04.10 and 2.04.11, Councilmembers from Council Districts 3 and 4 shall be elected beginning at the General Municipal Election in November 2024, and every four years thereafter.
11 A. Consistent with Section 2.04.11, the Mayor shall be elected beginning in 2026 and every two years after, and Councilmembers from Council Districts 1 and 2 shall be elected beginning at the General Municipal Election in November 2026, and every four years thereafter.

Section 5: IMPLEMENTATION
If necessary to facilitate the implementation of this Ordinance, the City Manager or his or her designee is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Manager shall consult with the City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 6: ENVIRONMENTAL REVIEW
The City Council finds that the proposed amendments to the San Clemente Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) in that it is not a project that has the potential for causing a significant effect on the environment.

Section 7: SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. Such section, subsection, sentence, clause or phrase, instead, shall be superseded and replaced by the corresponding provisions, if any exist, of Title 24 of the California Code of Regulations. The City Council of the City of San Clemente hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.

Section 8: INCONSISTENCIES
To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.

Section 9: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes. 12 Section 10: SUNSET PROVISIONS
This Ordinance shall be of no further force and effect if the California Voting Rights Act, Elections Code sections 14025 through 14032, as it now exists or may hereafter be amended, is repealed, or declared by a court of competent jurisdiction to be facially unconstitutional, in whole or in part, or unconstitutional, in whole or in part, as applied to the City of San Clemente, or is amended such that its provisions no longer apply to the City of San Clemente. In the event that this Ordinance is of no further force and effect pursuant to this section, the City Council shall immediately consider an ordinance repealing Sections 2.04.10 through 2.04.12 of the Municipal Code of the City of San Clemente. In the event that this Ordinance is of no further force and effect pursuant to this section, the incumbent Councilmembers elected pursuant to the provisions of this Ordinance shall complete their terms of office until their successors are qualified, and their successors shall be elected at-large in the order in which the terms of the thenincumbent Councilmembers expire and in accordance with all other provisions of law, until such time as a different method of election City Councilmembers is approved in accordance with applicable law.

EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its adoption.

Within fifteen (15) days after its adoption, the City Clerk of the City of San Clemente shall cause this Ordinance to be published pursuant to the provisions of Government Code § 36933.

Section 11: The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this _____day of _________________, 2023.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
13 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

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

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, CITY ATTORNEY
.
14 3
4 1
2 5
5 Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave
Salvador
E Ave Magdalena
W Ave Valencia
Portico Del Norte
Cll Frontera
Via Socorro
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Ave Pico
Cll
Del Cerro
Cam La Pedriza
National Demographics Corporation, September 21, 2023
Districting 2023
City of San Clemente
©2021 CALIPER

EXHIBIT A
15 Map 109
Map 109
District 1
Total Pop 15,611
Deviation from ideal -485
% Deviation -3.01%
% Hisp 13%
% NH White 75%
% NH Black 1%
% Asian-American 7%
Total 11,758
% Hisp 10%
% NH White 81%
% NH Black 0%
% Asian/Pac.Isl. 8%
Total 11,858
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 10,836
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 8,444
% Latino est. 6%
% Spanish-Surnamed 6%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 90%
% NH Black est. 0%
ACS Pop. Est. Total 16,008
age0-19 26%
age20-60 46%
age60plus 28%
immigrants 12%
naturalized 77%
english 86%
spanish 5%
asian-lang 1%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 43%
bachelor 30%
graduatedegree 23%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 62%
income 0-25k 8%
income 25-50k 8%
income 50-75k 6%
income 75-200k 42%
income 200k-plus 36%
single family 95%
multi-family 5%
rented 15%
owned 84%
Total population data from the California adjustment to the 2020 Decennial Census.

Surname-based Voter Registration and Turnout data from the California Statewide Database.

Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2017-2021 American Community Survey and Special Tabulation 5-year data.
2 16,772
676

4.20%
16%
71%
2%
8%
11,193
13%
74%
5%
7%
10,416
8%
8%
3%
1%
85%
2%
9,370
8%
8%
3%
1%
86%
2%
6,882
7%
6%
3%
1%
88%
2%
16,584
33%
49%
18%
10%
77%
86%
5%
2%
7%
2%
38%
38%
23%
45%
67%
7%
8%
7%
41%
36%
80%
20%
23%
77%
3 16,118
22 0.14%
28%
64%
1%
4%
12,012
16%
76%
2%
6%
9,791
13%
13%
2%
1%
84%
1%
8,527
12%
11%
2%
1%
85%
1%
5,801
10%
10%
1%
0%
87%
1%
15,943
19%
55%
26%
14%
50%
76%
16%
3%
5%
7%
47%
25%
19%
22%
68%
11%
14%
15%
43%
17%
50%
50%
57%
43%
4 15,882
-214
-1.33%
15%
76%
1%
4%
12,723
11%
79%
2%
5%
11,965
8%
8%
2%
1%
89%
0%
10,716
8%
7%
2%
0%
90%
0%
8,032
6%
6%
1%
0%
91%
0%
15,889
20%
49%
31%
9%
78%
88%
8%
2%
2%
4%
47%
29%
19%
24%
62%
11%
10%
8%
43%
29%
70%
30%
37%
63%
Total
64,384
1,161

7.22%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
1%
88%
1%
29,159
7%
7%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%
09/20/2023 21:18 Page 1 of 1
Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
16 I
I
I
I
I
Maptitude For R~tctJn,,:
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: November 7, 2023 Agenda Item: 8B
Department: Community Development
Prepared By Adam Atamian, Community Development Director Subject:
..titl e

CONTINUATION OF PUBLIC HEARING - COMMERCIAL AND RECREATIONAL VEHICLE PARKING ORDINANCE ..body
Fiscal Impact:

None.

Summary:

A public notice was published for this item in the Sn Clemente Times for November 7, 2023. Following public notice of this item, staff identified the need for further review of this item to ensure all considerations are adequately incorporated into the proposed amendment. Staff proposes a continuance of this hearing to allow time to complete the preparation of this proposed amendment before the amendment is considered by the City Council.

Recommended Actions:

Staff Recommendation
..recommendation
Staff Recommends that the City Council continue the Public Hearing until the regular City Council meeting of December 5, 2023
..end
Attachment:

None.

Notification:

Public notice published in San Clemente Times.
1 910 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: November 7, 2023 Agenda Item: 8C
Department: Community Development/Planning Division
Prepared By David Carrillo, Assistant Planner
Karla Morales, Community Development Technician
Subject:

CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MILLS ACT CONTRACT, HISTORIC PROPERTY PRESERVATION AGREEMENT 23-204, FOR THE RESIDENTIAL PROPERTY AT 166 WEST AVENIDA ALESSANDRO AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Fiscal Impact:

Execution of the Historic Property Preservation Agreement will result in a minor diminution of property tax revenues to the City. The approximate impact is anticipated to be $8,800 per year.

Summary:

This item is a request for the City Council to consider a Historic Property Preservation Agreement (HPPA) for a historic residence located at 166 W. Avenida Alessandro (Attachment 2). The HPPA provides a property tax reduction incentive to owners of historic properties with the intent that cost savings are invested into the historic property to restore, improve, and preserve their buildings and grounds, per a 10-year term work list. Attachment 3 provides background information on the Mills Act program.

Background:

The site consists of a 4,600 square-foot lot, within the Residential Low (RL) Zoning District, that was developed in 1928 with a one-story, single-family residence. For information on the historical significance of the property, please refer to the 1995 and 2006 State Department of Parks and Recreation (DPR) Survey Forms, provided as Attachment 4. Refer to Attachment 5 for a location map and Attachment 6 for site photographs.

Records indicate several building permits have been issued subsequent to the historical period of significance: in 1994 to remove and replace damaged roof sheathing and rafter tails; in 2007 for a kitchen remodel, window replacement, and electrical upgrade; and other minor repairs and interior alterations as noted in Attachment 7.

Staff visited the subject property with Emma Haggerty, Architectural Historian with GPA Consulting, to assess the historic resource and identify improvements to be included in the 10- year term work list. Staff developed a list of prioritized work for preservation and maintenance of the historic resource outlined in Attachment 2, within the initial 10-year term of the agreement.

Some examples of the work list items to preserve the historic property include:
1 Meeting Date: November 7, 2023 Agenda Item: 8C

CITY OF SAN CLEMENTE
• Engage the services of a structural engineer or chimney specialist with experience in historic preservation to inspect the existing condition of the chimney and prepare a report with an implementation plan for recommended work. Commence and complete any necessary work to ensure the chimney is structurally sound and weathertight. Work should be completed without damage to historic fabric to the greatest extent feasible (complete by end of 2024).
• Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present (complete by end of 2024).
• Remove cracked concrete on north yard that slopes toward foundation at base of north elevation. Install proper drainage and/or repave with concrete that slopes away from the foundation to ensure water is drained away from the building (complete by end of 2024). • Relocate plants and irrigation systems away from the building base, which appear to be causing water damage to, and deterioration of, exterior materials and finishes (complete by end of 2025).

The HPPA was reviewed by the Design Review Subcommittee (DRSC), which serves as the Cultural Heritage Subcommittee (CHSC), on September 13, 2023. The CHSC supported the HPPA request and list of prioritized work, with the termite report being due in 2024. See Attachment 9 for the CHSC meeting minutes. The property owner would need to apply for, and receive, applicable permits at the time work is proposed consistent with HPPA requirements and Secretary of the Interior Standards for the Treatment of Historic Properties (Exhibit B of Attachment 1).

If approved by Council, the HPPA will be executed after the owner submits the required $353 filing fee. The executed HPPA will then be recorded with the County and forwarded to the Tax Assessor. The estimated tax savings are $8,800 per year. The exact amount of the reduction will only be known after the County Tax Assessor completes a valuation for the property in 2024 based on the executed Agreement. To confirm compliance with the conditions of the agreement, every five years from the commencement of the contract’s term, the property owner will be responsible to arrange a site inspection with the Planning Division and pay for the costs of such inspection.

Council Options:
 Adopt Resolution No. 23-128, authorizing the City Manager to execute the Mills Act contract, Historic Property Preservation Agreement 23-204.
 Modify and adopt Resolution No. 23-128.
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 23-128 and deny the approval of the Mills Act contract. 2 Meeting Date: November 7, 2023 Agenda Item: 8C

CITY OF SAN CLEMENTE
Environmental Review/Analysis:

Staff recommends that the project be found categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15331 (14 CCR § 15331, Class 31: Historical Resource Restoration/Rehabilitation).

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-128, which will:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR Section 15301) and Class 31 (Historical Resource Restoration/Rehabilitation, 14 CCR Section 15331) of the State CEQA Guidelines; and

2. Authorize the City Manager to execute the associated Mills Act contract, Historic Property Preservation Agreement 23-204.
..end
Attachment:

1. Resolution No. 23-128

2. Exhibit 1 - HPPA 23-204 - Historic Property Preservation Agreement a. Exhibit A - Historic Property Legal Description
b. Exhibit B - Secretary of the Interior’s Standards for the Treatment of Historic Properties c. Exhibit C - City of San Clemente Historic Property Minimum Maintenance Standards d. Exhibit D - Historic Property Improvements to be Completed

3. Mills Act Background Information

4. 1995 and 2006 DPR Form

5. Location Map

6. Site Photographs

7. Building Permit History

8. Annotated Photographs of Rehabilitation Items

9. Minutes from the Cultural Heritage Subcommittee Meeting of September 13, 2023 Notification:

Public notices were distributed and posted per City and State requirements. 3 ATTACHMENT 1
RESOLUTION NO. 23-128

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING HISTORIC
PROPERTY PRESERVATION AGREEMENT 23-204 FOR THE
PROPERTY LOCATED AT 166 WEST AVENIDA ALESSANDRO

AND FINDING THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of San Clemente adopted Ordinance 1194 on October 15, 1977, which in Section 3, establishes procedures for property owners of designated historically significant structures to voluntarily enter into Historic Property Preservation Agreements in order to apply to receive property tax reductions as an incentive for historic preservation; and
WHEREAS, on June 13, 2023, an application was submitted by Scott and Jessye Thompson, 166 West Avenida Alessandro, San Clemente, CA 92672, the owner of a designated historically significant structure, to enter into an Historic Property Preservation Agreement (HPPA) for the property located at 166 West Avenida Alessandro, the legal description being N TR 852 BLK 5 LOT 38 TRACT 852 LOT 38 BLK 5 TRACT # 852 ELY 21/2 FT, in the City of San Clemente, with Assessor’s Parcel Number 692-201-23; and WHEREAS, on September 13, 2023, the Design Review Subcommittee, which serves as the Cultural Heritage Subcommittee of the Planning Commission, reviewed the application and recommended approval of HPPA 23-204 with preservation improvement conditions; and
WHEREAS, on November 7, 2023, the City Council held a duly noticed public hearing, and considered testimony of City staff, the applicant and property owner, and other interested parties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1: Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

SECTION 2: CEQA Findings. The City Council has determined that this action is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15331 (14 CCR § 15331, Class 31: Historical Resource Restoration/Rehabilitation).

SECTION 3: Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City Council of the City of San Clemente, California approves HPPA 23-204.

SECTION 4: The City Council hereby approves HPPA 23-204, attached hereto and incorporated herein by reference as Exhibit 1, and authorizes the Mayor to execute, and the City Clerk to record, the HPPA for the property at 166 West Avenida Alessandro, 4 Resolution No. 23-128 Page 2
after the required application fee has been submitted to the City by the property owner, but not later than June 30, 2024.

SECTION 5: Certification. The City Clerk shall certify to the passage 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. 23-128 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:

City Clerk
City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
This Agreement is recorded for the benefit of the City of San Clemente and is exempt from the payment of recording fees pursuant to Government Code Sections 6103 and 27383.

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 7
th day of November, 2023, by
and between the City of San Clemente (“City”), a municipal corporation of the State of California, and Scott and Jessye Thompson (collectively “Owner”).

RECITALS
WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor’s Parcel Number 692-201-23, located at 166 West Avenida Alessandro, San Clemente, California 92672, more specifically described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Historic Property is a qualified historic property in that it is privately owned property which is not exempt from property taxation and is listed in the City’s Designated Historic Resources List, which is the City’s official register of historically significant sites adopted October 2, 2007 by Resolution 07-72 of the San Clemente City Council, as amended; and
WHEREAS, both City and Owner desire to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code; and WHEREAS, both City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property through the incentive of a potential property tax reduction; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to provisions of the aforementioned California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 6 AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290.

This agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes.

2. REASSESSMENT OF VALUATION. The determination of property valuation pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code, is in the sole discretion of the Orange County Tax Assessor’s Office. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character-defining features, as provided below. Characterdefining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the property. The Secretary of the Interior’s Standards for the Treatment of Historic Properties and minimum maintenance standards, attached hereto and incorporated herein by reference as Exhibit “B,” shall constitute the minimum standards and conditions for maintenance, use, and preservation of the Historic Property, and shall apply to the property throughout the term of this Agreement. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties, the City of San Clemente Design Guidelines and in accordance with the attached schedule of improvements, attached hereto and incorporated herein by reference as Exhibit “B”.

4. BUILDING CHANGES. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.

5. NOTIFICATION OF DIRECTOR. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, exterior repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s exterior appearance or use, or prior to commencing construction work.
7 6. PROHIBITED. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings without prior City approval; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance and design, as determined by the Community Development Director.

7. INSPECTIONS. Owner agrees to permit the periodic examination, by prior appointment, of the interior and exterior of the Historic Property by the County Assessor, the Department of Parks and Recreation, the State Board of Equalization and City as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. After five years and every five years thereafter, the City shall inspect the property to determine the owner’s continued compliance with the agreement.

8. PAYMENT OF INSPECTION FEE. Every five years from the commencement of the contract’s term, Owner shall pay City an inspection fee as provided in the City’s current Planning Fee Schedule, which fee does not exceed the reasonable cost of conducting ongoing and five-year site inspections to confirm compliance with the conditions of the agreement. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to each five-year inspection conducted by the Planning Division.

9. PAYMENT OF APPLICATION FEE. As a condition of executing the contract, Owner shall pay City a fee as provided in the City’s current Planning Fee Schedule, after City Council approval of the Agreement, which fee does not exceed the reasonable cost of administering City’s historical preservation program. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to the Agreement being executed by City.

10. TERM. The term of this Agreement shall be from November 7, 2023, to and including November 7, 2033.

11. AUTOMATIC RENEWAL. On each yearly anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), one year shall be added automatically to the initial term of this Agreement unless notice of non-renewal is given as provided in this Agreement.

12. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least 90 days, or by City to Owner at least 60 days, prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within 15 days of receipt by Owner of a notice of nonrenewal, Owner may make a written appeal of nonrenewal. Such appeal shall include, but is not limited to, a statement of the grounds on which the appeal is based. Upon receipt of such an appeal, the City Clerk shall set a 8 hearing before the City Council prior to the annual renewal date of this Agreement, or following the renewal date at the earliest date such hearing can reasonably be held.

Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.

13. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period since the original execution, or the last renewal of the Agreement, as the case may be. Thereafter, this Agreement shall terminate.

14. FURNISHING OF INFORMATION. Owner shall furnish City with any information City shall require in order to enable City to determine eligibility of the property to be classified as a qualified Historic Property.

15. ENFORCEMENT OF AGREEMENT. In lieu of, and/or in addition to, any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement of violations of this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days after the date of the notice of violation, or within such reasonable time as may be required to cure the breach or default [provided that acts to cure the breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion], then City may, without further notice, declare a default under the terms of this Agreement and bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, including, but not limited to, bringing an action for injunctive relief against the Owner or for such other relief as may be appropriate.

The City has the option to either cancel the contract or bring action in court to enforce the contract, if the city determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. As an alternative to canceling the contract, a landowner that is a party to the contract may bring any action in court necessary to enforce the contract.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City or any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default thereunder.

16. CANCELLATION. City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a 9 qualified historic property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the property in the manner specified in this Agreement.

17. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50284. Notice of the hearing shall be mailed to the last known address of each owner of property on the City’s Designated Historic Structures List and shall be published in accordance with Government Code section 6061. Cancellation shall be effective on the date of Council adoption of a resolution cancelling the Agreement.

18. CANCELLATION FEE. If City cancels this Agreement in accordance with Sections 15 and 16 above, Owner shall pay a cancellation fee of twelve and one-half percent (12½%) of the full value of the property at the time of cancellation. The full value shall be determined by the County Assessor without regard to any restriction on the property imposed pursuant to this Agreement. The cancellation fee shall be paid to the Controller at such time and in such manner as the Controller shall prescribe in accordance with State law.

19. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

To City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
Attention: City Manager
To Owner: Scott and Jessye Thompson
166 West Avenida Alessandro
San Clemente, CA 92672
Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

20. NO COMPENSATION. Owner shall not receive any payment from City in consideration of the obligations imposed under this Agreement, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be derived from the preservation and maintenance of historic resources and the right to reassessment under State law.

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement.
10 22. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint ventures or members of any joint enterprise.

23. INDEMNITY OF CITY.

The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and costs (including attorneys' fees) against the City, its officers, employees, or agents to attack, set aside, challenge, void, modify or annul any findings, approval or condition of approval of the City concerning this Agreement or any project in connection with the Property, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner or environmental finding. Applicant shall pay all such costs within ten (10) days of a request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense within ten (10) days of demand.

24. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

25. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

26. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.

27. COMPLIANCE WITH APPLICABLE LAWS. During the term of this Agreement, Owner shall maintain and use the Historic Property in compliance with all applicable State and local statutes, ordinances, regulations and official policies; provided that, except as specifically set forth in Paragraph 3, nothing in this Agreement shall be deemed to require Owner to waive any vested rights or rights to continue to maintain a legally non-conforming structure or use existing as of the date of this Agreement. 11 IN WITNESS WHEREOF, the parties to this contract have caused their names to be affixed hereto on the day and year first written above.

City of San Clemente
By _________________________
Andy Hall, City Manager
ATTEST:
__________________________________
City Clerk
Owner
_________________________
Scott Thompson
_________________________
Jessye Thompson
[ALL SIGNATURES REQUIRE NOTARIZATION]
12 EXHIBIT A

HISTORIC PROPERTY LEGAL DESCRIPTION
Lot 38, Block 5 of Tract 852, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 692 PAGE 20 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 13 EXHIBIT B
SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT

OF HISTORIC PROPERTIES
Rehabilitation (making possible a compatible use for a property through repair, alterations and additions while preserving portions/features that convey its historical, cultural or architectural values)

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property.

The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Preservation (applying measures necessary to sustain the existing form, integrity and materials)

1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships. 14 Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.

2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color and texture.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

Restoration (accurately depicting the form, features, and character of a property as it appeared at a particular period of time)

1. A property will be used as it was historically or be given a new use that interprets the property and its restoration period.

2. Materials and features from the restoration period will be retained and preserved.

The removal of materials or alteration of features, spaces and spatial relationships that characterize the period will not be undertaken.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.

6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.
15 8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

10. Designs that were never executed historically will not be constructed.

Reconstruction (depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object at a specific time period in its historic location)

1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.

2. Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts that are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.

3. Reconstruction will include measures to preserve any remaining historic materials, features and spatial relationships.

4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the nonsurviving historic property in materials, design, color and texture.

5. A reconstruction will be clearly identified as a contemporary re-creation.

6. Designs that were never executed historically will not be constructed. 16 EXHIBIT C

CITY OF SAN CLEMENTE HISTORIC PROPERTY

MINIMUM MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or un-repaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation which is unsightly by reason if its height, condition, or its inappropriate location. 17 EXHIBIT D

HISTORIC PROPERTY IMPROVEMENTS TO BE COMPLETED
Historic property improvements due prior to and up to the date of sale or transfer of the property shall be completed prior to sale or transfer of the property.

Phase I - Complete by end of 2024

1. Engage the services of a structural engineer or chimney specialist with experience in historic preservation to inspect the existing condition of the chimney and prepare a report with an implementation plan for recommended work. Commence and complete any necessary work to ensure the chimney is structural sound and weathertight. Work should be completed without damage to historic fabric to the greatest extent feasible.

2. Remove cracked concrete on north yard that slopes toward foundation at base of north elevation. Install proper drainage and/or repave with concrete that slopes away from the foundation to ensure water is drained away from the building and into the street.

3. Restore/replace in kind clay vents where missing or severely deteriorated using extant originals as model. Where extant, gently remove overpaint from clay to restore historic, unpainted finish.

4. Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present.

Phase II - Complete by end of 2025

5. Wood frame of leaded art glass window on west elevation appears to be severely deteriorated beneath built-up layers of paint and leaded glass is buckling. Remove window, repair any failing camings of leaded glass and stabilize. Gently scrape builtup layers of paint, and repair or replace severely deteriorated wood units in kind.

Reinstall.

6. Relocate plants and irrigation systems away from the building base, which appear to be causing water damage to and deterioration of exterior materials and finishes.

7. Restore the original main entrance door based on documentary evidence. If documentary evidence showing the original door is not available, investigate condition of wood main entrance door by testing paint removal to determine original finish. If determined appropriate, carefully remove paint using the gentlest means possible and refinish wood with stain, or to original appearance as determined by investigative work.

Phase III - Complete by end of 2026

8. Prep, patch, repair and repaint exterior wood elements (wood eaves, rafters, posts and beams) as needed in the same or historically appropriate color. 18 9. On any secondary entrances, gently scrape existing paint, inspect wood, and make any necessary repairs to wood doors and frames. Repaint in the same or historically appropriate color to keep wood protected from moisture and sun damage.

10.Gently scrape existing paint, inspect wood, and make any necessary repairs to wood windows and frames. Repaint in the same or historically appropriate color to keep wood protected from moisture and sun damage. Ensure any frames of window screens are painted to match. Inspect for proper operation and seal and make related repairs as needed.

Phase IV - Complete by end of 2027

11.Repair damaged and cracked areas of exterior stucco using stucco that matches the existing in terms of finish.

12.Gently remove built up layers of paint, clean of corrosion, and reapply protective coat on wrought iron balconets and window grilles. Where severity of deterioration necessitates replacement, replace in kind.

13.Remove incompatible plastic flood lights from front yard and from west elevation.

Replace with light fixtures that are more historically compatible with the property in terms of style and materials.

Phase V - Complete by end of 2028

14.Repair or replace existing damaged and deteriorating Saltillo tiles (non-original) at the entrance porch and walkway with an option that is equally compatible with the historic character of the property in terms of style and materials. Minimize width of entrance walkway to be more aligned with the historic appearance.

15.At west entrance steps, remove paint and repair spalling concrete using concrete to match existing in terms of mix (color/aggregate) and finish.

Contract Duration - Ongoing Maintenance

16.Maintain and regularly clean drains from debris throughout property regularly.

17.Maintain wrought iron balconets and window grilles.

18.Inspect roof regularly and clear of debris. Repair or replace in kind any damaged or missing clay tiles as needed.

19.Treat property for termites and any other insects or pests, such as rats, thereby preventing damage to historic fabric. Professional termite reports should be submitted to the City at least once every 5 years.
19 20.Maintain landscaping by trimming plants and branches away from the building exterior.

21.Property owner should inspect annually for termite, weather, or other damage and make related repairs in kind as needed. If deterioration necessitates replacement, features should be replaced in kind.
20 Purpose of the Mills Act Program
Economic incentives foster the preservation of residential neighborhoods and the revitalization of downtown commercial districts. The Mills Act is the single most important economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners.

Enacted in 1972, the Mills Act legislation grants participating local governments (cities and counties) the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief.

Benefits to Local Governments
The Mills Act allows local governments to design preservation programs to accommodate specific community needs and priorities for rehabilitating entire neighborhoods, encouraging seismic safety programs, contributing to affordable housing, promoting heritage tourism, or fostering pride of ownership. Local governments have adopted the Mills Act because they recognize the economic benefits of conserving resources and reinvestment as well as the important role historic preservation can play in revitalizing older areas, creating cultural tourism, building civic pride, and retaining the sense of place and continuity with the community’s past.

A formal agreement, generally known as a Mills Act or Historical Property Contract, is executed between the local government and the property owner for a minimum ten-year term. Contracts are automatically renewed each year and are transferred to new owners when the property is sold. Property owners agree to restore, maintain, and protect the property in accordance with specific historic preservation standards and conditions identified in the contract. Periodic inspections by city or county officials ensure proper maintenance of the property. Local authorities may impose penalties for breach of contract or failure to protect the historic property.

The contract is binding to all owners during the contract period.

Benefits to Owners
Owners of historic buildings may qualify for property tax relief if they pledge to rehabilitate and maintain the historical and architectural character of their properties for at least a ten-year period.

The Mills Act program is especially beneficial for recent buyers of historic properties and for current owners of historic buildings who have made major improvements to their properties.

Mills Act participants may realize substantial property tax savings of between 40% and 60% each year for newly improved or purchased older properties because valuations of Mills Act properties are determined by the Income Approach to Value rather than by the standard Market Approach to Value. The income approach, divided by a capitalization rate, determines the assessed value of the property. In general, the income of an owner-occupied property is based on comparable rents for similar properties in the area, while the income amount on a commercial property is based on actual rent received. Because rental values vary from area to area, actual property savings vary from county to county. In addition, as County Assessors are required to assess all properties annually, Mills Act properties may realize slight increases in property taxes each year.
21 Qualified Historic Property
A qualified historic property is a property listed on any federal, state, county, or city register, including the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, and locally designated landmarks. Owner-occupied family residences and income-producing commercial properties may qualify for the Mills Act program, subject to local regulations.

OHP’s Role
OHP provides technical assistance and guidance to local governments and property owners. OHP maintains a current list of communities participating in the Mills Act program and copies of Mills Act ordinances, resolutions, and contracts that have been adopted. OHP does not participate in the contract negotiations and is not a signatory to the contract. 22 23

IDENTIFICATION AND LOCATION
1, Historic name None
State of California - The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

OF'ACE OF HISTORIC PRESERVATION

HISTORIC RESOURCES INVENTORY
Ser. No.

National _Re_g_lst_e_r Status 30
------------------------ ---- Local Designation
• 2. Common or current name None ------ -------------------- • 3, Number & street 166 W. Avenida Alessarrlro Cross-corridor City San Clerrente Vicinity only Zip 92672 ---=-eo_u_n_ty ____ Oran:J _____ e ____ _ ---

4. UTM zone 11 A B C D --------- -------- --------- -------- 5, Quad map No, Parcel No, 692-201-23 Other

DESCRIPTION
6, Property category Builclin:J If district, number of documented resources ------,---- • r. Briefly desaibe the present physical appearance ot the property, Including condition, boundaries, related features, surroundings, and (d appropria1 archttectural style.

Attention to detail distinguishes the design of this one story Spanish Colonial Revi va resiclena:!. Sheathed in the custcmary white stucco, the ruilclin:J is tq:ped by a sid gable roof of red clay tile, highlighted by a central front gablet. Wocxien corbel p.mctuate the eave line .. Behin:l the gablet, an interior chimney is tc,wed by a pointe cap. 'lhe east section of the facade steps back to provide rocm for a porch, whidl i elevated several steps above the front path. A la,1 stucco wall, pierced by X-patteme grilles, encloses the space. 'lhe entry is oriente:i perperrlicular to the street to fac the po:rdl, an:i consists of a roun:l-headed doorway. Another arch, this one a shall~ blird niche, is set between the t¥K> large, flat-headed win:lows located on the west sid of the facade. Both of these win:k:1Ns, as well as others on the ha.lse, are adorned wit wrought iron balconets or grilles. other than the addition of wrcught iron stair·rail arrl porch gate arrl the pavi.rq of tne porch arrl walkway rn terracotta, the halSe a,i:pear unaltered.

8. Planning agency
city of San Clerrente

9. Owner & address
Kevin an:i 1-bllie ?,k;Coy
166 W. Avenida Alessam:ro •
San Cle.roonte, CA 92672

10. Type of ownership Private

11. Present use Residential

12. Zoning -----"R"'"-....clc,.._ ______ _

13. Threats ----------
Send a copy of this forrn to: State Office of Historic Preservation, P.O. 8ox 942896, Sacramento, CA 94296-0001 •c.omplete these 11ems fo(' histooc preservation compliance projeotS under Section 100 (36 CFR 800). AU items must be oomple1ed for hls1orlcal resour~ survey information.

DPR 523 (Rev. 6/00)
24 HISTORICAL INFORMATION
•14, Construction date(s) -=1=9=2=8~F __ Orlginai location-----'Sarre==---------- Date moved ________ _

15. Merations & date Parch gate, stair rails,, terracotta payirg. date urik::ocMn.

16. Acchltecl Virgil Westbrook Builder W. J. :t-txn:B

17. Historic attributes (with number from list) _~0""-1___,S""mJ"'' =lec;e"'-----"Fami'-=. ,,'""l=..iy'----"-Res=,,,,ia::den::::e==-----------------

SIGNIFICANCE AHO EVALUATION

18. Context for evaluation: Theme 'lhe Spanish Village Acea San Clarente Period 1926-1936 Property type---=Ha=:.::LJ.S=ses:.::=----------- Context formally developed?--ccYiccces-..c· ____ _ *19, Briefly discuss the property's importance within the context. Use historical and architectural analysis as appropriate. Compare with simil111 properties.

Built durirg fonnative first period in the developnent of San Clerrente, the "Spanish Village" era, this five roan residence made a suhstantial contrilution to city foun:ler Ole Han.son's vision for San Clemente. 'lhe architect, Virgil Westbrook, was in large part responsible for the overall character of the Spanish Colonial Revival style in san Clerrente durirg this initial Eilase- 'Ibis hoose, ruilt by W. J. Moore, is a fine example of Westbrook:' s residential design, and incorporates many decorative features usually fourrl on larger ccmmissions.

Because of its construction durirg the period of significance, its Spanish Colonial Revival stylirg, its relative integrity, and its a.sscciation with Virgil Westbrcx:>k, 166 Avenida Alessarrlro contri.b..rtes to a potential National Register district. It is reccmnerxied for retention on the Historical structures List.

20. Sources
San Clemente Builclin;J Pennits
Orange County TaX Assessment Rerords
M. Moon, Inventory of San Clememte Histo1rn1e-if-Lti=teiE'!S------------~-~----, 21, Applicable National Register criteria ~A~-------
22, Other recognltlonSan Clemente Historical stru
State Landmark No. Of applicable)~-------~~

23. Evaluator leslie Heumann
Date of evaluatlon --=1=9=9-=5:;..__~---------

24. Survey type Cgrprehensi ve

25. Survey name Historic Resources Survey
•26. Year form prepared --=1=9""9""'5:;.._ __________ _ By (name) Leslie Heumann & Associates
Organization City of San Clemente
Address 100 ca.Ile Negocio, SUite 100
City & Zip San Clerrente 92672
Phone (714) 498 2533
how location and boundaries of property in
rby streets, railways, natural landmarks, etc.
ture.

Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
1 2 166 W AVENIDA ALESSANDRO
9/18/2006
PROPERTY NAME Unknown
HISTORIC NAME Unknown
PROPERTY ADDRESS 166 W Avenida Alessandro
ASSESSOR PARCEL NUMBER 692-201-23
PROPERTY TYPE Single-family residential

OTHER DESCRIPTION
DATE OF CONSTRUCTION 1928 (E) Tax Assessor
No substantial changes post-1995 Historic Resources Survey prepared by Leslie Heumann & Associates.

INTEGRITY
STATUS CODE 3D
Appears eligible for the National Register as a contributor to a National Register eligible district through survey evaluation. The property also appears eligible at the local level as a contributor to a potential historic district. It is recommended for retention on the Historic Structures List.

STATUS
Project
Prepared for
Prepared by Historic Resources Group
1728 Whitley Avenue
Hollywood, CA 90028
City of San Clemente
910 Calle Negicio, Suite 100
San Clemente, CA 92673
City of San Clemente Historic Resources Survey Update
This one-story single family residence was built for W.J. Moore and designed by Virgil Westbrook in 1928. It is a good example of the Spanish Colonial Revival style as represented in San Clemente. This property appears eligible as a contributor to a potential National Register district under Criterion A for its association with the Ole Hanson/Spanish Village by the Sea period of development (1925-1936).

SIGNIFICANCE
25 □
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
2 2 166 W AVENIDA ALESSANDRO
9/18/2006
Photographs of the Subject Property:
26 □
Eagle Aerial
City of San Clemente
Printed 10/21/2022 @ 2:35 PM
N
0 0.005 0.01 0.02
mi
C:\GIS\ServicesStagi ng\Pri ntServices\Letter_Portrait.mxd ATTACHMENT 5
27 ATTACHMENT 6
28 ATTACHMENT 7
Building Permit History – 166 W Avenida Alessandro
• 1928 – New single-family residence (plumbing and framing permits) • 1931 – Shed addition at rear of property
• 1994 – Remove and replace damaged roof sheathing and rafter tails • 2007 – Interior kitchen/laundry remodel; window changeout to wood per staff waiver • 2007 – Electrical panel upgrade in existing location
• 2015 – Front gate addition per approved MCHP
• 2017 – Interior bathroom remodel; window changeout to wood • 2023 – Remove and replace roof felt membrane; maintain original tiles per staff waiver 29 ϭ
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40 ATTACHMENT 9
41 Design Review Subcommittee Regular Meeting Minutes September 13, 2023

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
SEPTEMBER 13, 2023

Page 1 ends

Subcommittee Members Present: Chair M. Steven Camp; Vice Chair Cosgrove; Committee Member Bart Crandell
Subcommittee Members Absent: None
Staff Present:

1. MINUTES
Jonathan Lightfoot, Economic Development Officer; David Carrillo, Assistant Planner; Karla Morales, Community
Development Technician; John Ciampa, Contract Planner
A. Review and file continued minutes of the Design Review Subcommittee meeting of August 23, 2023

2. . ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. City Antenna Permit 23-246. AT&T Wireless Facility at San Gorgonio Park (Ciampa}
A request to replace an existing light standa"rd pole and install antennas and equipment. Ground improvements include the expansion to the existing Verizon equipment enclosure for AT&T equipment in the San Gorgonio City Park at 2916 Via Gorgonio.

Contract Planner John Ciampa summarized the staff report.

Chair Camp opened the item for public comments.

The Design Review Subcommittee RSC} discussed the project, and made the following-comments either individually or as a group:
• The expanded ground mounted equipment enclosure for the project should be revised from a chain~link fence to a block wall with a roof or trellis cover. The lid to the structure should be a design that would not affect the facility's operations. I .
• The design of the enclosure should be consistent with the other structures in the park.
• A landscape buffer of approximately six feet around the enclosure should be incorporated into the project design to limit visibility and soften the view of the enclosure.
42 Design Review Subcommittee Regular Meeting Minutes September 13, 2023 Page2 The Subcommittee supported the project with the recommended modifications and forwarded it to the Zoning Administrator for consideration. The Subcommittee recommended that staff discuss, through the leasing process, whether the City Council would like to establish a limit to the number of facilities at city parks.

B. Historical Property Preservation Agreement 23-204, Thompson Residence, 166 West Avenida Alessandro (Carrillo/Morales) A request for a Mills Act agreement between the City and the owners of a historic private residence at 166 W Avenida Alessandro.

Staff seeks DRSC concurrence with the recommended work list and timeline for the subject property. Following DRSC review, staff will schedule the HPPA for a City Council hearing in December. It is staff's goal to have the contract recorded prior to December 31, 2023 so the County can assess the property in 2024 based on the Mills Act restricted valuation of the property.

Assistant Planner David Carrillo and Community Development Technician Karla Morales summarized the staff report. The property owners, Scott and Jessye Thompson, were also present.

Chair Camp opened the item for public comments. Scott and Jessye Thompson, property owners, expressed support of the work list and asked for clarification on item #6 rela·ted to the front door, and item #14 related to concrete. Staff will follow up with the consultant, GPA Consulting, to clarify item #14 and communicate the intention of that task to the property owners before City Council review of the contract.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• The termite report should be required in the first year of the contract (2024 ). If the property owners are able to provide a termite report from the prior year, that would also suffice.
• Sufficient separation should be provided between the building and landscaping (item #5). Gravel providing the separation may be sufficient to satisfy this item. • Modify item #6 related to the front door, to add language clarifying that the primary door shall be restored if documentation is found to document that it is original. If documentation is not found, the original finish of the existing door shall be restored.

The Subcommittee supported moving the application forward to the City Council for consideration.

C. Historical Property Preservation Agreement 23-240, Casa Higuera, 233 Avenida Santa Barbara (Carrillo/Morales)
A request for a Mills Act agreement between the City and the owners of a historic private residence at 233 Avenida Santa Barbara.
43 Design Review Subcommittee Regular Meeting Minutes September 13, 2023 Page3 Staff seeks DRSC concurrence with the recommended work list and timeline for the subject property. Following DRSC review, staff will schedule the HPPA for a -City Council hearing in December. It is staff's goal to have the contract recorded prior to December 31, 2023 so the County can assess the property in 2024 based on the Mills Act restricted valuation of the property.

Assistant Planner David Carrillo indicated that the property owner, Paul Parsons, was not present at the meeting.

Chair Camp opened the item for public comment.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• Indicated that the Subcommittee reviewed the project and agrees with the list of improvements for the Mills Act.
• The termite report should be required in the first year of the contract (2024). If the property owners are able to provide a termite report from the prior year, that would also suffice.

The Subcommittee supported moving the application forward to the City Council for consideration.

D. Cultural Heritage Permit 22-148 • Nielsen Residence Addition, 222 West Mariposa (Wright)
A request to consider: 1) an addition and exterior changes to a historic single-story residence, 2) construction of a detached garage with an Accessory Dwelling Unit on the second floor that requires a height limit increase, and 3) changes to the garden landscape and hardscape. The site is located at 222 West Mariposa.

Associate Planner II Christopher Wright summarized the staff report.

Chair Camp opened the item for public comments.

The applicant, David Nielsen, and project architect, Michael Luna, spoke in favor of the project, explained the rationale for design changes, and encouraged support. Mr.

Nielsen supported the inclusion of a Mills Act agreement condition for the sidewalk installation tied to the death of the significant trees, and expressed willingness to work with staff on clear wording within the appended task to the Mills Act Agreement.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• The architectural changes address prior historic preservation issues regarding insetting the addition from the original footprint and moving the second story addition further to the rear, no longer above the original roofline. 44 Design Review Subcommittee Regular Meeting Minutes September 13, 2023 Page 4 • Supported a garden wall to protect and preserve the landscaping at the property and reduce trespassing. The DRSC supported wrought-iron, a terra cotta cap wall, or stucco cap that looks traditional.
• Supported the requested height of the Accessory Dwelling Unit (ADU), noting the building has a 5-foot side and rear setback, in excess of the required 4- foot ADU setbacks, and has a substantial front yard setback with expansive landscaping.
• Recommended softening the roof deck parapet to better indicate the space is for usage, not an equipment well. The applicant was encouraged to work with the architect to explore ideas for this, such as a terra cotta cap or potted plants with foliage.

The Subcommittee supported the project's advancement to the Planning Commission hearing for consideration.

3. NEW BUSINESS
None

4. OLD BUSINESS
None

5. ORAL AND WRITTEN COMMUNICATION
Attest:

J
None

ADJOURNMENT
Adjourned to the September 27, 2023 DRSC meeting at 3:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA. ic Development Officer
/
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: November 7, 2023 Agenda Item: 8D
Department: Planning Division
Prepared By David Carrillo, Assistant Planner
Karla Morales, Community Development Technician
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MILLS ACT CONTRACT, HISTORIC PROPERTY PRESERVATION AGREEMENT 23-240, FOR THE RESIDENTIAL PROPERTY AT 233 AVENIDA SANTA BARBARA AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

Execution of the Historic Property Preservation Agreement will result in a minor diminution of property tax revenues to the City. The approximate impact is anticipated to be $5,600 per year.

Summary:

Staff recommends the City Council approve a Historic Property Preservation Agreement (HPPA) for a historic residence located at 233 Avenida Santa Barbara (Attachment 2). The HPPA provides a property tax reduction incentive to owners of historic properties with the intent that cost savings are invested into the historic property to restore, improve, and preserve their buildings and grounds, per a 10-year term work list. Attachment 3 provides background information on the Mills Act program.

Background:

The site consists of a 4,300 square-foot lot, within the Residential Low Zoning District and Coastal Zone Overlay Zone (RL-CZ) that was developed in 1929 with a one-story, single-family residence and a detached garage. For information on the historical significance of the property, please refer to the 2006 State Department of Parks and Recreation (DPR) Survey Form, provided as Attachment 4. Refer to Attachment 5 for a location map.

Records indicate two building permits have been issued subsequent to the historical period of significance: in 1994 to relocate an electric meter; and in 2022 for improvements to the detached garage consisting of a reroof, repair of termite-damaged rafter tails, stucco repair, and repainting trim and rafter tails (Attachment 7).

Some examples of the work list items to preserve the historic property include:
1 Meeting Date: November 7, 2023 Agenda Item: 8D

CITY OF SAN CLEMENTE
 Engage a qualified structural engineer experienced in working with historic properties to properly inspect the foundation and make recommendations with an implementation plan.

Execute any recommended work to ensure foundation is structurally sound and weathertight. Work to be completed in a sensitive manner to avoid causing damage to the historic fabric or visually impacting the historic building (complete by end of 2024).  Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present (complete by end of 2024).
 Re-roof main residence: carefully remove existing red clay tiles, replace any damaged wood framing and plywood sheathing, and reinstall red clay tiles in accordance with City of San Clemente Building Code requirements. Any missing or damaged clay tiles should be replaced in kind (complete by end of 2024).
 Replace all incompatible vinyl and metal windows with new wood windows that are compatible with the historic character of the property. Selection of new windows to be based on documentary and/or physical evidence, such as extant originals (complete by end of 2027).

The HPPA was reviewed by the Design Review Subcommittee (DRSC), which serves as the Cultural Heritage Subcommittee (CHSC), on September 13, 2023. The CHSC supported the HPPA request and list of prioritized work, with the termite report being due in 2024. See Attachment 9 for the CHSC meeting minutes. The property owner would need to apply for and receive applicable permits at the time work is proposed consistent with HPPA requirements and Secretary of the Interior Standards for the Treatment of Historic Properties (Exhibit B of Attachment 1).

If approved by the City Council, the HPPA will be executed after the owner submits the required $353 filing fee. The executed HPPA will then be recorded with the County and forwarded to the Tax Assessor. The estimated tax savings are $5,600 per year. The exact amount of the reduction will only be known after the County Tax Assessor completes a valuation for the property in 2024 based on the executed Agreement. To confirm compliance with the conditions of the agreement, every five years from the commencement of the contract’s term the property owner will be responsible to arrange a site inspection with the Planning Division and pay for the costs of such inspection.

Council Options:
 Adopt Resolution No. 23-129, authorizing the City Manager to execute the Mills Act contract, Historic Property Preservation Agreement 23-240.
 Modify and adopt Resolution No. 23-129.
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 23-129 and deny the approval of the Mills Act contract. 2 Meeting Date: November 7, 2023 Agenda Item: 8D

CITY OF SAN CLEMENTE
Environmental Review/Analysis
Staff recommends that the project be found categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15331 (14 CCR § 15331, Class 31: Historical Resource Restoration/Rehabilitation).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 23-129, which will:

1. Find the project categorically exempt from CEQA under Class 31 (Historical Resource Restoration/Rehabilitation, 14 CCR Section 15331) of the State CEQA Guidelines; and

2. Authorize the City Manager to execute the associated Mills Act contract, Historic Property Preservation Agreement.
..end
Attachment:

1. Resolution No. 23-129

2. HPPA 23-240 - Historic Property Preservation Agreement a. Exhibit A - Historic Property Legal Description
b. Exhibit B - Secretary of the Interior’s Standards for the Treatment of Historic Properties c. Exhibit C - City of San Clemente Historic Property Minimum Maintenance Standards d. Exhibit D - Historic Property Improvements to be Completed

3. Mills Act Background Information

4. 2006 DPR Form

5. Location Map

6. Site Photographs

7. Building Permit History

8. Annotated Photographs of Rehabilitation Items

9. Minutes from the Cultural Heritage Subcommittee Meeting of September 13, 2023 Notification:

Public notices were distributed and posted per City and State requirements. 3 ATTACHMENT 1
RESOLUTION NO. 23-129

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING HISTORIC
PROPERTY PRESERVATION AGREEMENT 23-240 FOR THE
PROPERTY LOCATED AT 233 AVENIDA SANTA BARBARA

AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CEQA GUIDELINES SECTION 15331 (14 CCR
§ 15331, CLASS 31: HISTORICAL RESOURCE

RESTORATION/REHABILITATION)
WHEREAS, the City Council of the City of San Clemente adopted Ordinance 1194, on October 15, 1977, which in Section 3, establishes procedures for property owners of designated historically significant structures to voluntarily enter into Historic Property Preservation Agreements in order to apply to receive property tax reductions as an incentive for historic preservation; and
WHEREAS, on July 12, 2023, an application was submitted by Paul Parsons, 26895 Aliso Creek Road, Suite B-531, Aliso Viejo, CA 92656, the owner of a designated historically significant structure, to enter into an Historic Property Preservation Agreement (HPPA) for the property located at 233 Avenida Santa Barbara, the legal description being N TR 779 BLK 21 LOT 18, in the City of San Clemente, with Assessor’s Parcel Number 058-103-09; and
WHEREAS, on September 13, 2023, the Design Review Subcommittee, which serves as the Cultural Heritage Subcommittee of the Planning Commission, reviewed the application and recommended approval of HPPA 23-240 with preservation improvement conditions; and
WHEREAS, on November 7, 2023, the City Council held a duly noticed public hearing, and considered testimony of City staff, the applicant and property owner, and other interested parties.

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

SECTION 1: Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

SECTION 3: The Historic Property Preservation Agreement (HPPA) for the property located at 233 Avenida Santa Barbara, in the City of San Clemente, with Assessor’s Parcel Number 058-103-09 is hereby approved HPPA 23-204 in a form substantially similar to that presented to the City Council on November 7, 2023. 4 Resolution No. 23-129 Page 2
SECTION 4: The City Manager is authorized to execute, and the City Clerk to record, HPPA for the property at 233 Avenida Santa Barbara, after the required application fee has been submitted to the City by the property owner, which must be submitted not later than June 30, 2024.

SECTION 5: Certification. 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. _______________________
Mayor of the City of
San Clemente, California
ATTEST:
____________________________
CITY CLERK of the City of
San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-129 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ____ day of __________________, 2022, by the following vote:

AYES:

NOES:

ABSENT:
_______________________
CITY CLERK, of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
5 Recording Requested by, and ATTACHMENT 2
when Recorded Mail to:

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 7
th day of November, 2023, by
and between the City of San Clemente (“City”), a municipal corporation of the State of California, and Paul and Christiana Parsons (collectively “Owner”).

RECITALS
WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor’s Parcel Number 058-103-09, located at 233 Avenida Santa Barbara, San Clemente, California 92672, more specifically described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Historic Property is a qualified historic property in that it is privately owned property which is not exempt from property taxation and is listed in the City’s Designated Historic Resources List, which is the City’s official register of historically significant sites adopted October 2, 2007 by Resolution 07-72 of the San Clemente City Council, as amended; and
WHEREAS, both City and Owner desire to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code; and WHEREAS, both City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property through the incentive of a potential property tax reduction; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to provisions of the aforementioned California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 6 AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290.

6. PROHIBITED. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings without prior City approval; exterior alterations 7 or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance and design, as determined by the Community Development Director.

10. TERM. The term of this Agreement shall be from November 7, 2023, to and including November 7, 2033.

12. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least 90 days, or by City to Owner at least 60 days, prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within 15 days of receipt by Owner of a notice of nonrenewal, Owner may make a written appeal of nonrenewal. Such appeal shall include, but is not limited to, a statement of the grounds on which the appeal is based. Upon receipt of such an appeal, the City Clerk shall set a hearing before the City Council prior to the annual renewal date of this Agreement, or following the renewal date at the earliest date such hearing can reasonably be held.

Owner may furnish the City Council with any information which the Owner deems 8 relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.

16. CANCELLATION. City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the property in the manner specified in this Agreement.

17. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50284. Notice of the hearing shall be mailed to the last known address of each 9 owner of property on the City’s Designated Historic Structures List and shall be published in accordance with Government Code section 6061. Cancellation shall be effective on the date of Council adoption of a resolution cancelling the Agreement.

To City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
Attention: City Manager
To Owner: Paul and Christiana Parsons
233 Avenida Santa Barbara
San Clemente, CA 92672
Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

22. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint ventures or members of any joint enterprise.

23. INDEMNITY OF CITY. The Owner shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, 10 and agents from and against any claim, action, proceeding, fines, damages, expenses, and costs (including attorneys' fees) against the City, its officers, employees, or agents to attack, set aside, challenge, void, modify or annul any findings, approval or condition of approval of the City concerning this Agreement or any project in connection with the Property, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner or environmental finding. Owner shall pay all such costs within ten (10) days of a request by the City. The City shall promptly notify the Owner of any claim, action, or proceeding concerning the project and the City shall cooperate in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the Owner’s cost. If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the Owner shall promptly pay the City's full cost of the defense within ten (10) days of demand.

26. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.

27. COMPLIANCE WITH APPLICABLE LAWS. During the term of this Agreement, Owner shall maintain and use the Historic Property in compliance with all applicable State and local statutes, ordinances, regulations and official policies; provided that, except as specifically set forth in Paragraph 3, nothing in this Agreement shall be deemed to require Owner to waive any vested rights or rights to continue to maintain a legally non-conforming structure or use existing as of the date of this Agreement. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
11 IN WITNESS WHEREOF, the parties to this contract have caused their names to be affixed hereto on the day and year first written above.

City of San Clemente
By _________________________
Andy Hall, City Manager
ATTEST:
__________________________________
City Clerk Owner
___________________________
Paul Parsons
___________________________
Christiana Parsons
[SIGNATURES REQUIRE NOTARIZATION]
12 EXHIBIT A

HISTORIC PROPERTY LEGAL DESCRIPTION
Lot 18, Block 21 of Tract 779, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 058 PAGE 10 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 13 EXHIBIT B
SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT