Agenda packet, regular meeting, first session — San Clemente City Council, December 5, 2023 (part 5 of 6)

25 prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency.

Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.

When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, the primary objective of a trustee shall be to safeguard the principal of the funds under its control. The secondary objective shall be to meet the liquidity needs of the depositor. The third objective shall be to achieve a return on the funds under its control.

The Legislature hereby finds that the solvency and creditworthiness of each individual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state. Therefore, to protect the solvency and creditworthiness of the state and all of its political subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern.
53601. This section shall apply to a local agency that is a city, a district, or other local agency that does not pool money in deposits or investments with other local agencies, other than local agencies that have the same governing body. However, Section 53635 shall apply to all local agencies that pool money in deposits or investments with other local agencies that have separate governing bodies. The legislative body of a local agency having moneys in a sinking fund or moneys in its treasury not required for the immediate needs of the local agency may invest any portion of the moneys that it deems wise or expedient in those investments set forth below. A local agency purchasing or obtaining any securities prescribed in this section, in a negotiable, bearer, registered, or nonregistered format, shall require delivery of the securities to the local agency, including those purchased for the agency by financial advisers, consultants, or managers using the agency's funds, by book entry, physical delivery, or by third-party custodial agreement. The transfer of securities to the counterparty bank's customer book entry account may be used for book entry delivery.

For purposes of this section, "counterparty" means the other party to the transaction.

A counterparty bank's trust department or separate safekeeping department may be used for the physical delivery of the security if the security is held in the name of the local agency. Where this section specifies a percentage limitation for a particular category of investment, that percentage is applicable only at the date of purchase.

Where this section does not specify a limitation on the term or remaining maturity at the time of the investment, no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement or securities lending agreement authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved by the legislative body no less than three months prior to the investment:

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26 (a) Bonds issued by the local agency, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency or by a department, board, agency, or authority of the local agency. (b) United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
(c) Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.
(d) Registered treasury notes or bonds of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenueproducing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California. (e) Bonds, notes, warrants, or other evidences of indebtedness of a local agency within this state, including bonds payable solely out of the revenues from a revenueproducing property owned, controlled, or operated by the local agency, or by a department, board, agency, or authority of the local agency. (f) Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States governmentsponsored enterprises. (g) Bankers' acceptances otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank. Purchases of bankers' acceptances shall not exceed 180 days' maturity or 40 percent of the agency's moneys that may be invested pursuant to this section. However, no more than 30 percent of the agency's moneys may be invested in the bankers' acceptances of any one commercial bank pursuant to this section.

This subdivision does not preclude a municipal utility district from investing moneys in its treasury in a manner authorized by the Municipal Utility District Act (Division 6 (commencing with Section 11501) of the Public Utilities Code). (h) Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by a nationally recognized statistical rating organization (NRSRO). The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or (2):
(1) The entity meets the following criteria:
(A) Is organized and operating in the United States as a general corporation. (B) Has total assets in excess of five hundred million dollars ($500,000,000). (C) Has debt other than commercial paper, if any, that is rated "A" or higher by an NRSRO.
(2) The entity meets the following criteria:

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27 (A) Is organized within the United States as a special purpose corporation, trust, or limited liability company.
(B) Has programwide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond. (C) Has commercial paper that is rated "A-1" or higher, or the equivalent, by an NRSRO.

Eligible commercial paper shall have a maximum maturity of 270 days or less. Local agencies, other than counties or a city and county, may invest no more than 25 percent of their moneys in eligible commercial paper. Local agencies, other than counties or a city and county, may purchase no more than 10 percent of the outstanding commercial paper of any single issuer. Counties or a city and county may invest in commercial paper pursuant to the concentration limits in subdivision (a) of Section 53635. (i) Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally licensed or state- licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed 30 percent of the agency's moneys that may be invested pursuant to this section. For purposes of this section, negotiable certificates of deposit do not come within Article 2 (commencing with Section 53630), except that the amount so invested shall be subject to the limitations of Section 53638. The legislative body of a local agency and the treasurer or other official of the local agency having legal custody of the moneys are prohibited from investing local agency funds, or funds in the custody of the local agency, in negotiable certificates of deposit issued by a state or federal credit union if a member of the legislative body of the local agency, or a person with investment decisionmaking authority in the administrative office manager's office, budget office, auditor-controller's office, or treasurer's office of the local agency also serves on the board of directors, or any committee appointed by the board of directors, or the credit committee or the supervisory committee of the state or federal credit union issuing the negotiable certificates of deposit.
(j) (1) Investments in repurchase agreements or reverse repurchase agreements or securities lending agreements of securities authorized by this section, as long as the agreements are subject to this subdivision, including the delivery requirements specified in this section.
(2) Investments in repurchase agreements may be made, on an investment authorized in this section, when the term of the agreement does not exceed one year.

The market value of securities that underlie a repurchase agreement shall be valued at 102 percent or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102 percent no later than the next business day. (3) Reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met:
(A) The security to be sold using a reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale.

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28 (B) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20 percent of the base value of the portfolio.
(C) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. (D) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counterparty using a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.
(4) (A) Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security may be made only upon prior approval of the governing body of the local agency and shall be made only with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency.
(B) For purposes of this chapter, "significant banking relationship" means any of the following activities of a bank:
(i) Involvement in the creation, sale, purchase, or retirement of a local agency's bonds, warrants, notes, or other evidence of indebtedness. (ii) Financing of a local agency's activities.
(iii) eptance of a local agency's securities or funds as deposits. (5) (A) "Repurchase agreement" means a purchase of securities by the local agency pursuant to an agreement by which the counterparty seller will repurchase the securities on or before a specified date and for a specified amount and the counterparty will deliver the underlying securities to the local agency by book entry, physical delivery, or by third-party custodial agreement. The transfer of underlying securities to the counterparty bank's customer book-entry account may be used for book-entry delivery. (B) "Securities," for purposes of repurchase under this subdivision, means securities of the same issuer, description, issue date, and maturity. (C) "Reverse repurchase agreement" means a sale of securities by the local agency pursuant to an agreement by which the local agency will repurchase the securities on or before a specified date and includes other comparable agreements. (D) ) "Securities lending agreement" means an agreement under which a local agency agrees to transfer securities to a borrower who, in turn, agrees to provide collateral to the local agency. During the term of the agreement, both the securities and the collateral are held by a third party. At the conclusion of the agreement, the securities are transferred back to the local agency in return for the collateral. (E) For purposes of this section, the base value of the local agency's pool portfolio shall be that dollar amount obtained by totaling all cash balances placed in the pool by all pool participants, excluding any amounts obtained through selling securities by way

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29 of reverse repurchase agreements, securities lending agreements, or other similar borrowing methods.
(F) For purposes of this section, the spread is the difference between the cost of funds obtained using the reverse repurchase agreement and the earnings obtained on the reinvestment of the funds.
(k) Medium-term notes, defined as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subdivision shall be rated "A" or better by an NRSRO. Purchases of medium-term notes shall not include other instruments authorized by this section and shall not exceed 30 percent of the agency's moneys that may be invested pursuant to this section.
(l) (1) Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to (k), inclusive, and subdivisions
(m) to (q), inclusive, and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). However, notwithstanding these restrictions, a counterparty to a reverse repurchase agreement or securities lending agreement is not required to be a primary dealer of the Federal Reserve Bank of New York if the company's board of directors finds that the counterparty presents a minimal risk of default, and the value of the securities underlying a repurchase agreement or securities lending agreement may be 100 percent of the sales price if the securities are marked to market daily.
(2) Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.). (3) If investment is in shares issued pursuant to paragraph (1), the company shall have met either of the following criteria:
(A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations authorized by subdivisions (a) to (k), inclusive, and subdivisions (m) to (q), inclusive, and with assets under management in excess of five hundred million dollars ($500,000,000).
(4) If investment is in shares issued pursuant to paragraph (2), the company shall have met either of the following criteria:
(A) Attained the highest ranking or the highest letter and numerical rating provided by not less than two NRSROs.
(B) Retained an investment adviser registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000).

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30 (5) The purchase price of shares of beneficial interest purchased pursuant to this subdivision shall not include commission that the companies may charge and shall not exceed 20 percent of the agency's moneys that may be invested pursuant to this section. However, no more than 10 percent of the agency's funds may be invested in shares of beneficial interest of any one mutual fund pursuant to paragraph (1).
(m) Moneys held by a trustee or fiscal agent and pledged to the payment or security of bonds or other indebtedness, or obligations under a lease, installment sale, or other agreement of a local agency, or certificates of participation in those bonds, indebtedness, or lease installment sale, or other agreements, may be invested in accordance with the statutory provisions governing the issuance of those bonds, indebtedness, or lease installment sale, or other agreement, or to the extent not inconsistent therewith or if there are no specific statutory provisions, in accordance with the ordinance, resolution, indenture, or agreement of the local agency providing for the issuance.
(n) Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation, and the security interest shall be perfected in accordance with the requirements of the Uniform Commercial Code or federal regulations applicable to the types of securities in which the security interest is granted.
(o) A mortgage passthrough security, collateralized mortgage obligation, mortgagebacked or other pay-through bond, equipment lease-backed certificate, consumer receivable passthrough certificate, or consumer receivable-backed bond of a maximum of five years' maturity. Securities eligible for investment under this subdivision shall be issued by an issuer having an "A" or higher rating for the issuer's debt as provided by an NRSRO and rated in a rating category of "AA" or its equivalent or better by an NRSRO.

Purchase of securities authorized by this subdivision shall not exceed 20 percent of the agency's surplus moneys that may be invested pursuant to this section. (p) Shares of beneficial interest issued by a joint powers authority organized pursuant to Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q), inclusive. Each share shall represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section, the joint powers authority issuing the shares shall have retained an investment adviser that meets all of the following criteria:
(1) The adviser is registered or exempt from registration with the Securities and Exchange Commission.
(2) The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q), inclusive. (3) The adviser has assets under management in excess of five hundred million dollars ($500,000,000).
(q) United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and

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31 Development, International Finance Corporation, or Inter-American Development Bank, with a maximum remaining maturity of five years or less, and eligible for purchase and sale within the United States. Investments under this subdivision shall be rated "AA" or better by an NRSRO and shall not exceed 30 percent of the agency's moneys that may be invested pursuant to this section.

The authority of a local agency to invest funds pursuant to Section 53601 includes, in addition thereto, authority to invest in financial futures or financial option contracts in any of the investment categories enumerated in that section. used in this article, "corporation" includes a limited liability company.

The purchase by a local agency of any investment authorized pursuant to Section 53601 or 53601.1, not purchased directly from the issuer, shall be purchased either from an institution licensed by the state as a broker-dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regulated securities exchange, from a national or state-chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary government dealer by the Federal Reserve bank.
(a) A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in inverse floaters, range notes, or mortgagederived, interest-only strips. (b) A local agency shall not invest any funds pursuant to this article or pursuant to Article 2 (commencing with Section 53630) in any security that could result in zero interest accrual if held to maturity. However, a local agency may hold prohibited instruments until their maturity dates. The limitation in this subdivision shall not apply to local agency investments in shares of beneficial interest issued by diversified management companies registered under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) that are authorized for investment pursuant to subdivision (l) of Section 53601.

Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds, at its discretion, may invest a portion of its surplus funds in deposits at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of deposits. The following conditions shall apply:
(a) The local agency shall choose a nationally or state chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the "selected" depository institution. (b) The selected depository institution may use a private sector entity to help place local agency deposits with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States and are within the network used by the private sector entity for this purpose. (c) Any private sector entity used by a selected depository institution to help place its local agency deposits shall maintain policies and procedures requiring both of the following:

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32 (1) The full amount of each deposit placed pursuant to subdivision (b) and the interest that may accrue on each such deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. (2) Every depository institution where funds are placed shall be capitalized at a level that is sufficient, and be otherwise eligible, to receive such deposits pursuant to regulations of the Federal Deposit Insurance Corporation or the National Credit Union Administration, as applicable.
(d) The selected depository institution shall serve as a custodian for each such deposit.
(e) On the same date that the local agency's funds are placed pursuant to subdivision (b) by the private sector entity, the selected depository institution shall receive an amount of insured deposits from other financial institutions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution pursuant to subdivision (b). (f) Notwithstanding subdivisions (a) to (e), inclusive, a credit union shall not act as a selected depository institution under this section or Section 53635.8 unless both of the following conditions are satisfied:
(1) The credit union offers federal depository insurance through the National Credit Union Administration.
(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. (g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. (h) The deposits placed pursuant to this section and Section shall not, in total, exceed 30 percent of the agency's funds that may be invested for this purpose.
(i) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

Notwithstanding Section 53601 or any other provision of this code, a local agency that has the authority under law to invest funds may, at its discretion, invest a portion of its surplus funds in certificates of deposit at a commercial bank, savings bank, savings and loan association, or credit union that uses a private sector entity that assists in the placement of certificates of deposit, provided that the purchases of certificates of deposit pursuant to this section, Section 53635.8, and subdivision (i) of Section 53601 do not, in total, exceed 30 percent of the agency's funds that may be invested for this purpose. The following conditions shall apply:
(a) The local agency shall choose a nationally or state-chartered commercial bank, savings bank, savings and loan association, or credit union in this state to invest the funds, which shall be known as the "selected" depository institution. (b) The selected depository institution may submit the funds to a private sector entity that assists in the placement of certificates of deposit with one or more commercial banks, savings banks, savings and loan associations, or credit unions that are located in the United States for the local agency's account.

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33 (c) The full amount of the principal and the interest that may be accrued during the maximum term of each certificate of deposit shall at all times be insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. (d) The selected depository institution shall serve as a custodian for each certificate of deposit that is issued with the placement service for the local agency's account. (e) At the same time the local agency's funds are deposited and the certificates of deposit are issued, the selected depository institution shall receive an amount of deposits from other commercial banks, savings banks, savings and loan associations, or credit unions that, in total, are equal to, or greater than, the full amount of the principal that the local agency initially deposited through the selected depository institution for investment.
(f) Notwithstanding subdivisions (a) to (e), inclusive, no credit union may act as a selected depository institution under this section or Section 53635.8 unless both of the following conditions are satisfied:
(1) The credit union offers federal depository insurance through the National Credit Union Administration.
(2) The credit union is in possession of written guidance or other written communication from the National Credit Union Administration authorizing participation of federally insured credit unions in one or more certificate of deposit placement services and affirming that the moneys held by those credit unions while participating in a deposit placement service will at all times be insured by the federal government. (g) It is the intent of the Legislature that this section shall not restrict competition among private sector entities that provide placement services pursuant to this section. (h) This section shall become operative on January 1, 2021. 53602. The legislative body shall invest only in notes, bonds, bills, certificates of indebtedness, warrants, or registered warrants which are legal investments for savings banks in the State, provided, that the board of supervisors of a county may, by a fourfifths vote thereof, invest in notes, warrants or other evidences of indebtedness of public districts wholly or partly within the county, whether or not such notes, warrants, or other evidences of indebtedness are legal investments for savings banks. 53603. The legislative body may make the investment by direct purchase of any issue of eligible securities at their original sale or after they have been issued. 53604. The legislative body may sell, or exchange for other eligible securities, and reinvest the proceeds of, the securities purchased.
53605. From time to time, the legislative body shall sell the securities so that the proceeds may be applied to the purposes for which the original purchase money was placed in the sinking fund or the treasury of the local agency. 53606. The bonds purchased, which were issued by the purchaser, may be canceled either in satisfaction or sinking fund obligations or otherwise. When canceled, they are no longer outstanding, unless in its discretion, the legislative body holds then uncanceled. While held uncanceled, the bonds may be resold.

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34 53607. The authority of the legislative body to invest or to reinvest funds of a local agency, or to sell or exchange securities so purchased, may be delegated for a oneyear period by the legislative body to the treasurer of the local agency, who shall thereafter assume full responsibility for those transactions until the delegation of authority is revoked or expires, and shall make a monthly report of those transactions to the legislative body. Subject to review, the legislative body may renew the delegation of authority pursuant to this section each year.
53608. The legislative body of a local agency may deposit for safekeeping with a federal or state association (as defined by Section 5102 of the Financial Code), a trust company or a state or national bank located within this state or with the Federal Reserve Bank of San Francisco or any branch thereof within this state, or with any Federal Reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtedness in which the money of the local agency is invested pursuant to this article or pursuant to other legislative authority. The local agency shall take from such financial institution a receipt for securities so deposited. The authority of the legislative body to deposit for safekeeping may be delegated by the legislative body to the treasurer of the local agency; the treasurer shall not be responsible for securities delivered to and receipted for by a financial institution until they are withdrawn from the financial institution by the treasurer.
53609. Notwithstanding the provisions of this chapter or any other provisions of this code, funds held by a local agency pursuant to a written agreement between the agency and employees of the agency to defer a portion of the compensation otherwise receivable by the agency's employees and pursuant to a plan for such deferral as adopted by the governing body of the agency, may be invested in the types of investments set forth in Sections 53601 and 53602 of this code, and may additionally be invested in corporate stocks, bonds, and securities, mutual funds, savings and loan accounts, credit union accounts, life insurance policies, annuities, mortgages, deeds of trust, or other security interests in real or personal property. Nothing herein shall be construed to permit any type of investment prohibited by the Constitution.

Deferred compensation funds are public pension or retirement funds for the purposes of Section 17 of Article XVI of the Constitution.
53610. (a) For purposes of this section, "Proposition 1A receivable" means the right to payment of moneys due or to become due to a local agency, pursuant to clause (iii) of subparagraph (B) of paragraph
(1) of subdivision (a) of Section 25.5 of Article XIII of the California Constitution and Section 100.06 of the Revenue and Taxation Code.
(b) Notwithstanding any other law, a local agency may purchase, with its revenue, Proposition 1A receivables sold pursuant to Section
53999.
(c) A purchaser of Proposition 1A receivables pursuant to this section shall not offer them for sale pursuant to Section 6588.
53630. As used in this article:

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35 (a) "Local agency" means county, city, city and county, including a chartered city or county, a community college district, or other public agency or corporation in this state. (b) "Treasurer" means treasurer of the local agency.
(c) "Depository" means a state or national bank, savings association or federal association, a state or federal credit union, or a federally insured industrial loan company, in this state in which the moneys of a local agency are deposited. (d) "Agent of depository" means a trust company or trust department of a state or national bank located in this state, including the trust department of a depository where authorized, and the Federal Home Loan Bank of San Francisco, which is authorized to act as an agent of depository for the purposes of this article pursuant to Section 53657. (e) "Security" means any of the eligible securities or obligations listed in Section 53651.
(f) "Pooled securities" means eligible securities held by an agent of depository for a depository and securing deposits of one or more local agencies. (g) "Administrator" means the Administrator of Local Agency Security of the State of California.
(h) "Savings association or federal association" means a savings association, savings and loan association, or savings bank as defined by Section 5102 of the Financial Code.
(i) "Federally insured industrial loan company" means an industrial loan company licensed under Division 7 (commencing with Section 18000) of the Financial Code, the investment certificates of which are insured by the Federal Deposit Insurance Corporation.
(j) ) "Corporation" includes a limited liability company. 53630.1. The Legislature hereby finds that the solvency and creditworthiness of each individual local agency can impact the solvency and creditworthiness of the state and other local agencies within the state. Therefore, to protect the solvency and creditworthiness of the state and all of its political subdivisions, the Legislature hereby declares that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern.
53630.5. (a) The definitions in Section 1750 of, and Chapter 1 (commencing with Section 99) of Division 1 of, the Financial Code apply to this section. (b) In this article, for purposes of being a depository of moneys belonging to or being in the custody of a local agency, the phrases "state or national bank located in this state," "state or national bank," "state or national bank in this state," and "state or national banks in the state" include, without limitation, any of the following:
(1) Any California branch office of a foreign (other state) state bank that the bank is authorized to maintain under the law of its domicile and federal law. (2) Any California branch office of a foreign (other state) national bank that the bank is authorized to maintain under federal law.
(3) Any California branch office of a foreign (other nation) bank that the bank is licensed to maintain under Article 3 (commencing with Section 1800) of Chapter 20 of Division 1.1 of the Financial Code.
(4) Any California federal branch of a foreign (other nation) bank that the bank is authorized to maintain under federal law.

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Broker/Dealer Questionnaire
37 CITY OF SAN CLEMENTE, CALIFORNIA

BROKER/DEALERQUESTIONNAIRE
Date:

Firm Name:

CRD Number:

Local office servicing account:

Address:

Phone:

Corporate office:

Address:

Phone:

Primary Representative:

Please attach resumes of primary and secondary representatives covering this account.

Telephone:

Fax:

E-Mail:

CRD Number:

Secondary Representative or sales assistant:

Telephone:

Fax:

E-Mail:

CRD Number:

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38 CITY OF SAN CLEMENTE, CALIFORNIA
BROKER/DEALER QUESTIONNAIRE - Page 2
Branch Manager:

Telephone:

Fax:

E-Mail:

CRD Number:

Is firm designated as a primary dealer by the Federal Reserve? If not, does your firm maintain its own inventory?
Is the firm registered with the State Securities Board? Is the firm and all its representatives registered with the FINRA? In what market sectors does the account representative specialize? List three comparable public clients currently working with this representative.

Entity name, contact and phone number.

1. 2.

3. What are the market sectors in which your firm specializes? Please feel free to provide additional information regarding your firm’s involvement in these sectors.

US Treasuries
US Agencies
Repo
MBS
CP/BA
Corporate
CD’s 39
Other

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40 CITY OF SAN CLEMENTE, CALIFORNIA
BROKER/DEALER QUESTIONNAIRE- Page 3
Has this firm, or the representatives assigned to this account, been subject to a regulatory agency, state or federal investigation for alleged improper, disreputable, unfair or fraudulent activities related to the sale of securities or money market instruments in the past five years that resulted in a suspension or censure? Are there any outstanding/pending claims? If yes, please explain.

What documentation will be provided to us?
If requested, do you provide any fixed income research and economic commentary? Please attach sample.

Please provide the firm’s most recent audited financial statement. (The City will require an annual financial statement be provided.)
Describe the precautions taken by your firm to protect the interests of the public when dealing with a governmental agency.

Has your firm ever failed to meet the capital adequacy guidelines established by your regulatory organization?
Attach complete delivery instructions. All transactions will be completed delivery versus payment.

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41 CITY OF SAN CLEMENTE, CALIFORNIA
BROKER/DEALER QUESTIONNAIRE- Page 4
Firm Name:

I hereby certify that I and all sales representatives assigned to the City’s account have received, reviewed and understand the Investment Policy of the City dated December 17, 2013. Our firm certifies that it has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the City and the organization that are not authorized by the Investment Policy. Responsibility is limited to the extent that analysis of the makeup of the entire portfolio requires an interpretation of subjective investment standards. Our representatives agree to exercise due diligence in informing the City of foreseeable risks associated with financial transactions conducted with the firm.

All sales personnel involved with this account have been informed of the City’s objectives and risk constraints and will be advised of any changes made to the Policy once we are advised by the City.

Qualified Representative(s) of the Firm
Signed:

Name:

Title:

Date:

Page 38 ends

42 910 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: December 5, 2023 Agenda Item: 7Z
Department: Public Works
Prepared By David Rebensdorf, Public Works Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION ACCEPTING EASEMENTS FOR THE AVENIDA PICO RECYCLED WATER PIPELINE RELOCATION PROJECT, CIP PROJECT NO. 21402 FROM THE MCDONALD’S CORPORATION AND SC BUCKS LLC; AND AUTHORIZING THE CITY MANAGER ..body TO EXECUTE THE ACCEPTANCE
Fiscal Impact:

None.

Summary:

Staff recommends the City Council accept the granting of an Easement Deed from McDonald’s Corporation and the Modification to the Easement Deed from SC Bucks, LLC for the Avenida Pico Recycled Water Relocation Project, CIP Project No. 21402. The easements on the two properties are for the replacement of a 12-inch Recycled Water Transmission line due to Caltrans modification to the Segunda Deshecha Canada Drainage Channel.

Background:

The Avenida Pico 12-inch Recycled Water Mainline is a critical or backbone pipeline in the City’s recycled water distribution system. The pipeline provides service to Bella Collina Golf Course, Rancho San Clemente, and the Avenida Pico Corridor. A segment of the pipeline within the Caltrans easement along the northerly slope of the Segunda Deshecha Canada Channel and through the McDonald’s and Starbucks properties required relocation due to a Caltrans construction project to replace the concrete channel and grading of the slope. The City was required to relocate its pipeline, which was completed in May 2022, and City Council approved a Notice of Completion for the Project on October 4, 2022. Staff coordinated with the McDonald’s Corporation and the SC Bucks, LLC and obtained their approval for granting the pipeline easement to the City.

Council Options:
 Adopt Resolution No. 23-150, accepting the granting of the Easement Deed from McDonald’s Corporation and the Modification to the Easement Deed from SC Bucks, LLC for the Avenida Pico Recycled Water Relocation Project, and authorizing the City Clerk to submit the Easement Deeds to the Orange County Recorder for recordation.  Modify and adopt Resolution No. 23-150.
 Continue the item and direct staff to provide additional information. 1 •
•
Meeting Date: December 5, 2023 Agenda Item: 7Z

CITY OF SAN CLEMENTE
 Deny Resolution No. 23-150.

Environmental Review/Analysis
The Avenida Pico Recycled Water Relocation Project, CIP Project No. 21402 was completed on May 18, 2022. Prior to the time the project began, it was determined to be categorically exempt from the California Environmental Quality Act (CEQA) as it pertained to repair of already existing water facilities under Class 1 of the state CEQA Guidelines, Section 15301 – Existing Facilities.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council Adopt Resolution No. 23-150, which would:

1. Accept the granting of the Easement Deed from McDonald’s Corporation and the Modification to the Easement Deed from SC Bucks, LLC for the Avenida Pico Recycled Water Pipeline;

2. Authorize the City Manager to sign the Easement Deed from McDonald’s Corporation and the Modification to Easement Deed from SC Bucks, LLC for the Avenida Pico Recycled Water Pipeline; and

3. Authorize City Clerk to submit the Easement Deed from McDonald’s Corporation and the Modification to Easement Deed from SC Bucks, LLC for the Avenida Pico Recycled Water Pipeline to the Orange County Recorder for recordation. ..end
Attachments:

1. Resolution No. 23-150

2. Location Map

3. Easement Deed - McDonald’s Corporation

4. Modification to Easement Deed - SC Bucks, LLC
Notification:

McDonald’s Corporation
SC Bucks, LLC
2 Attachment 1
RESOLUTION NO. 23-150

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING EASEMENTS

FOR THE AVENIDA PICO RECYCLED WATER PIPELINE
RELOCATION PROJECT NO. 21402 FROM THE
MCDONALD’S CORPORATION AND SC BUCKS, LLC; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

ACCEPTANCE
WHEREAS, the City of San Clemente Engineering Division requested and received an easement deed for the Avenida Pico Recycled Water Pipeline Relocation Project No. 21402 from the McDonald’s Corporation; and
WHEREAS, the City of San Clemente Engineering Division requested and received modification to an Easement Deed for the Avenida Pico Recycled Water Pipeline Relocation Project No. 21402 from SC Bucks, LLC.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve 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. The grant of the Easement Deed from McDonald’s Corporation and the Modification to Easement Deed from SC Bucks, LLC for Avenida Pico Recycled Water Relocation Project are hereby accepted and the City Manager is authorized to execute the same in forms substantially similar to those presented to the City Council on December 5, 2023.

Section 3. The City Clerk is authorized to submit the Easement Deeds to the Orange County Recorder for recordation following execution.

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

PASSED AND ADOPTED this _____ day of ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
3 Resolution No. 23-150 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-150 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:

PROJECT

LOCATION

LOCATION MAP
Avenida Pico Recycled
Water Pipeline Relocation(Permanent)
PN 21402
Attachment 2
5 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY CLERK

CITY OF SAN CLEMENTE
910 Calle Negocio
San Clemente, CA 92673
DOCUMENTARY TRANSFER TAX: .$_:Q:_
This easement deed is recorded at the request and for
the benefit of the City of San Clemente and is
entitled to be recorded without fee or tax (Govt.

Code,§ 27383; Rev. & Tax Code, § 11922).

Attachment 3
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
The undersigned Grantor
Signature of Declarant or Agent dete1mining tax - Finn Name

EASEMENT DEED
FOR A VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, McDonald's Corporation, a Delaware corporation, property owner, hereby grants to THE CITY OF SAN CLEMENTE, a California municipal corporation, a perpetual nonexclusive easement for waterline improvements and access in, on, and over the real property in the State of California, County of Orange, City of San Clemente, described as follows:

See Exhibit A (Legal Description), Exhibit B (Plat Map), attached hereto and incorporated herein by reference.

Dated: J tA � � ] , 2023
55452.0 I 100\40086656.2
1 Its: s·c I"\ I Coun se I
Print Name: Po.. cl vc,,. i C /�o /Joy
For: Mc. Po(\o..\d.1
S GI,) tpa cu..t�ov"\
6 1-l C.
7 State of California )
County of Orange ) ss.

On Ju.n e ;;;J_ 1 I ;J(J J-3 ' before me, __ E_- _ (_ ~ _n __ w __ o._r _d ____ , Notary Public, here insert name and title of the officer)
personally appeared 90- Y COl.AV"'~f I
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is are subscribed to the within instrument, and acknowle~d to me that®she/they executed the same in~ her/their authorized capacity(ies), and that by~ /her/th ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ofNotaiy Public ~ 1JU ~
55452.0 I I 00\40086656.2
•

ERIN WARD

OFFICIAL SEAL
Notary Publi~, S_tate of Illinois
My Comm,ss,on Expires
April 05, 2025
-2-
(Notary Seal)
8 ACCEPTANCE

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
THIS IS TO CERTIFY that the modified interest in real property conveyed by the deed or grant dated ____________ from _________ , a
_______ , to the CITY OF SAN CLEMENTE, a municipal corporation, is hereby accepted by order of the City Council on _________ and Grantee consents to recordation thereof by its duly authorized officer.

Dated: ----------
By: ________________ _
City Clerk of the City of San Clemente
-3-
55452,01100\40086656,2
9 EXHIBIT "A"

LEGAL DESCRIPTION

CITY OF SAN CLEMENTE

RECLAIMED WATER EASEMENT

THAT CERTAIN PARCEL OF LAND SITUATED IN THE CITY OF SAN

CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL 3 OF PARCEL MAP BOOK 53, PAGE 7 IN THE

OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:

PARCEL 1

COMMENCING AT THE SOUTHEASTERLY TERMINUS OF THE

SOUTHWESTERLY BOUNDARY OF PARCELS A AND B OF SAID LOT
LINE ADJUSTMENT NO. LL-18-011 RECORDED SEPTEMBER 26, 2018 AS INSTRUMENT NO. 2018000351243 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER SHOWN AS "NORTH 58°46'37" WEST 354.75 FEET"

THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY BOUNDARY
OF SAID LOT LINE ADJUSTMENT NO. LL-18-011, SOUTH 46°34'38" EAST

3.46 FEET;

THENCE LEAVING SAID SOUTHWESTERLY LINE OF PARCEL B NORTH 38°06'28" EAST 149.10 FEET;
THENCE NORTH 29°35'57" EAST 24.74 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 3, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHWESTERLY LINE OF PARCEL 3 NORTH .29°35'57" EAST 338.23 FEET;
THENCE NORTH 02°23'47" EAST 39.98 FEET TO A POINT ON THE

SOUTHERLY RIGHT OF WAY OF A VENIDA PICO, SAID POINT BEING ON

A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1260.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 15°09' 17" EAST;
10 THENCE EASTERLY ALONG SAID CURVE 24.29 FEET THROUGH A CENTRAL ANGLE OF O 1 °06' 17";

THENCE LEA VINO SAID RIGHT OF WAY OF A VENIDA PICO, SOUTH 01 °51'32" WEST 27.78 FEET;
THENCE SOUTH 72°44 '27" WEST 8.87 FEET;
THENCE SOUTH 02°23'47" WEST 20.32 FEET;
THENCE SOUTH 29°35'03" WEST 242.06 FEET;
THENCE SOUTH 29°35'34" WEST 101.85 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL 3;

THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE OF
SAID PARCEL 3 NORTH 52°53'15 WEST 15.17 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING: 0.138 ACRES, MORE OR LESS.

SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS OF WAY AND
EASEMENTS OF RECORD.

EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

TIONS OF SAID STRIPS LYING
~ VENIDA PICO.

ORE RY S. BORCHARD, LS 7705
MY REGISTRATION EXPIRES: 12/31/22
11 Li.A ND.

PARCEL A

PARCEL B
LL-18-Dl l -4~~~ .. ....., A PARCEL 3 P.M.B. 53/7
UNE_TABLE
UN£ I BEARING
LT I Noo·22•49n£
LJ I No1·51'32•£
L4 I N72.44'2r£
L5 I N02"23'47"£
L6 I N52"53'15"W
L7 I N29•35'57"£
LENGTH

39.98 27.78'

8.87'

20.32'

15.17'

24.74'
SCALE: 1·-so'
f ·<' ' ·"'o "00
\ V foV" ' t! ,rv i'?> ~ 'j}<· ✓ INST. NO.

P.O.C.

EXHIBIT "B"
SKETCH ro ACCOMPANY
A LEGAL OESCRIPnON FOR

CITY OF SAN CLEMENTE

DOMESTIC WATER EASEMENTS
CONTAINING 0.138 AC ±
D.R.

SAN CLEMENTE HIGH SCHOOL
BOOK 6499/926, O.R.

BASIS Of BEARINGS; RS 11/29

THE BASIS OF BEARINGS SHOWN HEREON IS PER LOT
LINE ADJUSTMENT NO LL-18-011 RECORDED
SEPTEMBER 26, 2018 AS INSTRUMENT NO.
2018000351243 OF OFFICIAL RECORDS. SHEET 1 OF 1 SHEETS
MARCH 29, 2021 MBF-SC WATERLINE
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12 13
Executed this __ day of ______ , 2023 .

GRANTEE - CITY OF SAN CLEMENTE
By:-------------
Its: -------------
Print Name: ----------
For:
- -----------
55452.0 1 I 00\40086651.3

GRANTOR (PROPERTY OWNER)
~c 9ucls, LLC
By: - 111-~~______./Lb...-:;....c_
Its: ~3'~3 Me~
Print ame: J-L Lf=.o,:::) 1:>.,e..cok.s
For: Sc.- Bucl::-s l,Lc___
-2-
14 State of California )
County of Orange ) ss.

On ---------~ before me, ______________ , Notary Public, (here insert name and title of the officer) personally appeared __________________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature of Notary Public ______ __ _
( otary Seal)
State of California )
County of Orange ) ss.

On _________ , before me,-------------~ Notary Public, (here insert name and title of the officer) personally appeared ____ ______________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
ignature of Notary Public ________ _
(Notary eal)
-3-
55452.01 100\4008665 1.3
15 ACCEPTA CE

STATE OF CALIFORNIA )
CO TY OF ORANGE ) ss.

CITY OF SA CLEME TE )
THIS IS TO CERTIFY Jhat the interest in real property conveyed by the Modification to Easement Deed dated q J,2 L'X2> from 5c Buc~S LLC.. (' Grantor") to the City I of San Clemente, a municipal corporation (4 Grantee) is hereby accepted by order of the City Council on ________ and Grantee consents to recordation thereof by its duly authorized officer.

Dated: ----------
By: ________________ _
City Clerk of the City of San Clemente
-4-
55452.01100\40086651 .3
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17 18
LL.A NO.

PARCEL A
T.P.0.8.

EXHIBIT "8"

SKETCH TO ACCOMPANY

A LEGAL DESCRIPTION FOR

CITY OF SAN CLEMENTE

DOMESTIC WATER EASEMENTS
CONTAINING 0. 060 AC ±

PARCEL B
LL-18-011
INST. NO.
2018000351243, O.R.
..f~~b..f A
~Q
PARCEL 3
P.M.B. 53/1

LINE TABLE

LINE BEARING
L1 N47"214TW
L2 N29·3s'srE
L3 Ns2·53'1S"W L4 N29.35'34"E
SCALE: 1"=80'
LENGTH

15.04'

24.74'

15.17'

23.53'

SAN CLEMENTE HIGH SCHOOL
BOOK 6499/926, O.R.

BASIS Of BEARINGS: RS 11/29

THE BASIS OF BEARINGS SHOWN HEREON IS PER LOT
LINE ADJUSTMENT NO LL-18-011 RECORDED
SEPTEMBER 26, 2018 AS INSTRUMENT NO.
2018000351243 OF OFFICIAL RECORDS. SHEET 1 OF 1 SHEETS
MARCH 29, 2021 MBF-SC WATERLINE
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: December 5, 2023 Agenda Item: 7AA
Department: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Subject:

CONSIDERATION OF A RESOLUTION APPROVING A CROSSING AGREEMENT AND ACCEPTANCE OF UTILITY AND PEDESTRIAN EASEMENTS LOCATED AT 501 AND 515

AVENIDA VAQUERO-SHORECLIFFS SENIOR APARTMENTS AND SHORECLIFFS GOLF COURSE
Fiscal Impact:

The on-going cost for maintenance of utilities within the easements is included within the City’s yearly operating budget. It should be noted that the majority of the new utilities are replacing older utilities since the existing utilities interfered with the new development; therefore, the maintenance cost is similar to the current cost.

Summary:

Before the City Council is the approval of a Crossing Agreement (Attachment 1) with the owners of the Shorecliffs Golf Course. This Agreement will legalize and hold the City harmless for the crossings that the golf course has used since it was created in the 1960’s. This requirement was added as a condition of approval for the recently constructed 150-unit Senior Apartment and new Golf Course Clubhouse project.

As part of the development project, the developer was also required to reconstruct an ADA compliant sidewalk along Avenida Vaquero and sewer and water utilities on the parcels. Portions of the sewer and water system include the City receiving new main lines due to interference between the City’s infrastructure and the new development. These main lines are located in new locations, therefore new easements to the City are necessary. Associated with accepting the new easements, staff is recommending City Council approval for quitclaiming of the preexisting utility easements.

The proposed Resolution (Attachment 2) authorizes the City Manager and /or Public Works Director/City Engineer to execute the Crossing Agreement, easement documents, and any such other documents necessary and proper to carry out the project.

Background:

Since the creation of the Shorecliffs Golf Course in the 1960’s, it has utilized portions of the public right of way and storm drain system to traverse the golf course. The Shorecliffs neighborhood and golf course were built around the same time, and it appears that a hold harmless agreement in the City’s favor for the use of the public facilities prior to accepting the street improvements was not executed.
1 Meeting Date: December 5, 2023 Agenda Item: 7AA

CITY OF SAN CLEMENTE
The development of the new 150-unit Shorecliffs Senior Apartments was approved by the Planning Commission on March 19, 2019. Included in the development application was a proposal to also rebuild the Shorecliffs Golf Course Clubhouse. A condition of approval was required by the City for the developer to enter into a hold harmless agreement with the City for the golf course and its customers utilizing the public right of way and storm drain improvements for their golf related uses. The original golf course construction included culverts under the public streets that have been used for golf course purposes only. The golf course also has a few crossings at-grade where maintenance vehicles need to cross public streets. These at-grade crossings also serve as crossing areas for golfers when the culverts are not operational due to maintenance or storm events. There is one at-grade crossing on Calle Vista Torito that is used daily for all golf course users since no culvert was built for this crossing. Per the project’s conditions of approval, the Crossing Agreement includes a condition that the golf course will construct new traffic signage, striping, and warning devices to help improve safety at the Calle Vista Torito crossing.

Execution of the Crossing Agreement is required to be completed prior to issuance of the final certificate of occupancy for the new golf course clubhouse. Construction work is nearing completion and final occupancy is pending.

The development project also included a condition of approval to dedicate an easement for public pedestrian purposes for the ADA portion of public sidewalk along the Avenida Vaquero frontage.

The sidewalk easement requirements are associated with Municipal Code 12.08 and the City’s adopted Sidewalk Policy, which both require an easement to be dedicated to the City in the event there is not enough right of way to fit a compliant sidewalk around obstructions such as the drive approach.

Council Options:
 Adopt Resolution No. 23-151 approving the Crossing Agreement, acceptance of the utility and pedestrian easements and authorizing the quitclaim of the old easment.  Modify and adopt Resolution No. 23-151.
 Continue the Item and direct staff to provide additional information.  Deny Resolution No. 23-151.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS the City Council adopt Resolution No. 23-151 entitled A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE

CROSSING AGREEMENT AND ACCEPTANCE OF THE UTILITY AND PEDESTRIAN

EASEMENTS, AND AUTHORIZING THE CITY MANAGER AND/OR PUBLIC WORKS

DIRECTOR/CITY ENGINEER TO EXECUTE THE UTILITY EASEMENT QUITCLAIM AND

OTHER SUCH DOCUMENTS AS ARE NECESSARY AND PROPER TO COMPLETE THE PROJECT.
2 Meeting Date: December 5, 2023 Agenda Item: 7AA

CITY OF SAN CLEMENTE
..end
Attachment:

1. Crossing Agreement

2. Resolution No. 23-151
Notification:

Shorecliffs Golf Course- via Judge Copelan and attorney Mark McGuire 3 55452.07100\41007201.10
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1 Golf-course
Crossings Agreement
(Shorecliffs)
This Golf-course Crossings Agreement (“Agreement”), effective _____________________, 2023 (“Effective Date”), is between the City of San Clemente, a municipal corporation (“City”) and GC-8, LLC, a California limited liability company (“GC-8” or “Golf Course”). The City and Golf Course are sometimes referred to collectively as the “Parties” and each individually as a “Party.”

BACKGROUND
A. Owner. GC-8 owns most of the parcels comprising the Shorecliffs golf course in San Clemente, California.

B. Project. On March 6, 2019, the City’s Planning Commission approved Architectural Permit 14-430, Site Plan Permit 17-339, and Conditional Use Permit 17-338 in connection with plans to demolish the Shorecliffs golf clubhouse and construct a 150-unit four-story senior apartment complex and a new golf clubhouse at 501 Avenida Vaquero (the “Project”).

C. Golf Course. The Shorecliffs golf course is open to the public and extends both north and south of the Interstate 5 highway.

D. Street Dedications (Easements). When the golf course was built in the 1960s by the developer of the Shorecliffs community, the developer dedicated certain easement interests to the City for public road and street purposes. The underlying fee interest in the street rights-of-way remained with the owner–developer of the golf course.

E. Crossings. When traveling between holes or to and from the clubhouse, golfers, visitors, and employees of the Shorecliffs golf course at times cross City rights-of-way. Such crossings include: “at-grade” crossings over City streets and “below-grade” crossings under City streets through Golf Course-owned culverts and one City-owned culvert. The at-grade and below-grade crossings that are the subject of this Agreement are referred to collectively herein as the “Crossings” and are depicted in Exhibit A. Each is described below.
4 55452.07100\41007201.10
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2 • 1. Crossing 1 is a below-grade crossing through a culvert that passes under the public street Via Montego. The culvert is owned by the Golf Course. The crossing is not used to convey stormwater. The crossing was constructed approximately 57 years ago as part of the initial development of the golf course and the adjacent residential tract and has been used and maintained by the Golf Course since then. • 2a. Similar to Crossing 1, Crossing 2a is a below-grade crossing under the public street Avenida Vaquero. The crossing structure itself is owned by the Golf Course.

The crossing is not used to convey stormwater. The crossing was constructed approximately 57 years ago as part of the initial development of the golf course and the adjacent residential tract and has been used and maintained by the Golf Course since then.
• 2b. Crossing 2b is an above-grade crossing over the public street Avenida Vaquero.

The crossing has been used by the Golf Course to allow certain maintenance vehicles to cross that are too large to use Crossing 2a and as a backup for golfers, employees, contractors, and other guests and invitees of the Golf Course to cross when Crossing 2a is not usable.
• 3a. Crossing 3a is a below-grade culvert under the public street Avenida Vaquero.

The culvert itself is privately owned by the Golf Course. The culvert also conveys stormwater from Calle Vista Torito and Caltrans right-of-way. The crossing was constructed approximately 57 years ago as part of the initial development of the golf course and the adjacent residential tract and has been used, maintained, and modified by the Golf Course since then.
• 3b. Crossing 3b is an above-grade crossing over the public street Avenida Vaquero.

The crossing has been used by the Golf Course to allow certain maintenance vehicles to cross that are too large to use Crossing 3a and as a backup for golfers, employees, contractors, and other guests and invitees of Golf Course to cross when Crossing 3a is not usable.
• 4a. Crossing 4a is a below-grade culvert under the public street Avenida Vaquero.

The culvert was conveyed to the City and is used to convey stormwater from the MO1 (Prima Deshecha) watershed. The culvert was designed to accommodate crossings under Avenida Vaquero by golfers, employees, contractors, and other guests and invitees of the Golf Course when such use is not rendered unsafe due to the presence of stormwater). The Golf Course has been using it as a crossing since its completion approximately 40 years ago. This culvert is part of a FEMA Zoned Flood Zone.
5 55452.07100\41007201.10
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3 • 4b. Crossing 4b is an above-grade crossing over the public street Avenida Vaquero.

The crossing has been used by the Golf Course to allow certain maintenance vehicles to cross that are too large to use Crossing 4a and as a backup for golfers, employees, contractors, and other guests and invitees of Golf Course when Crossing 4a is not usable.
• 5. Crossing 5 is an above-grade crossing over the public street Calle Vista Torito.

The crossing has been used by the Golf Course since its completion in the 1960s to allow golfers, employees, contractors, and other guests and invitees of Golf Course to cross from one hole of the golf course to the next.

F. Memorializing and Enhancing Crossings. The City and Golf Course desire to memorialize their rights and obligations with respect to the Crossings, including risk allocation and indemnification and right to enhance certain Crossings.

G. Condition. The Planning Commission imposed the following condition of approval: “Prior to the issuance of any permits, the golf course property owner(s) shall submit and obtain approval of access and encroachment easements, and/or hold harmless/indemnity agreements for golf course improvements and activities which are located in the public street right of ways and/or easements along the entire golf course. Current improvements and activities include the golf course cart/pedestrian path crossings above and below grade, tunnel improvements, etc. The golf course property owners shall agree to defend and hold harmless the City and its employees for any and all actions related to golf course and its customer’s activities within the street right of way or City easement areas.”1 H. Timing. Originally, the Golf Course was required to satisfy Condition 3.25 before any permit may be issued for the Project. Subsequently, the City agreed to defer satisfaction of Condition 3.25 to the Certificate of Occupancy for the new Golf Course Clubhouse.

I. Satisfaction. This Agreement is intended to satisfy Condition 3.28 as to the Crossings. The Parties intend to address general golf-course stormwater issues separately.

TERMS AND CONDITIONS

1. Privately Owned Crossings Under City Streets (Crossings 1, 2a, 3a)

1.1 The City hereby recognizes and ratifies the ongoing use by the Golf Course of Crossings 1, 2a, and 3a under dedicated City streets, where Golf Course owns the underlying fee interest.
1 Reso. No. PC 19-006, Condition of Approval No. 3.28.
6 55452.07100\41007201.10
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4 1.2 The Golf Course is solely responsible for the crossing structures at 1, 2a, and 3a, including maintenance of these Crossings. The Golf Course acknowledges its obligation to maintain and use the Crossings in a way that does not interfere with the City’s public right-of-way easement. This includes ensuring that use of the Crossings does not undermine physical support of or interfere with the public street, with public utilities, or with other public improvements that are consistent with the scope and purpose of the City’s easement.

1.3 The Golf Course recognizes that Crossing 3a currently conveys stormwater (though there is no public or private storm drain easement in place at this time).

2. Unimproved Crossings Over City Streets (Crossings 2b, 3b, 4b)

2.1 These at-grade Crossings may only be used by the following:
(A) The Golf Course’s maintenance vehicles that cannot use the corresponding below-grade Crossing (1, 2a, 3a, and 4b, respectively) and (B) Golfers, employees, contractors and other invitees of the Golf Course, as permitted by law, when the corresponding below-grade Crossing is not useable, whether because of flooding, maintenance activities, or some other cause.

2.2 Nothing in this Agreement authorizes the Golf Course or any other person to improve Crossing 2b, 3b, or 4b with striping, lights, or any other demarcation in the public right-of-way. These crossings are only for limited, occasional use as described above.

3. Improved Crossing Over City Street (Crossing 5)

3.1 Crossing 5 may continue to be used regularly by golfers, employees, contractors and other invitees of the Golf Course.

3.2 Before April 1, 2023, unless otherwise extended by the City Engineer, the Golf Course or its designee will secure an encroachment permit from the City and design and construct at-grade crossing improvements at this Crossing that include the following:
(A) A lighted crosswalk.
(B) Advanced-warning signage.
(C) Golf cart and pedestrian detection/activation system. 7 55452.07100\41007201.10
03/24/23
5 3.3 If the San Clemente City Engineer deems changes to the crossing improvements to be reasonably necessary to ensure health, safety, or welfare of the public based on then-current industry practice or the City’s established Technical Engineering Standards, the Golf Course will make the requested changes within a reasonable time, at its expense and to the reasonable satisfaction of the City Engineer. If the Golf Course disagrees with the City Engineer’s determination of necessary crossing improvements, the Golf Course may appeal the City Engineer’s decision in accordance with the City’s municipal code.

4. City-owned Culvert (Crossing 4a)

4.1 The City recognizes and ratifies the ongoing use of Crossing 4a by golfers, employees, contractors and other invitees of the Golf Course.

4.2 The Golf Course may not modify Crossing 4a in any way without securing the prior written approval of the City Engineer. The Golf Course will apply for and obtain an encroachment permit from the City before making any modification. The Golf Course acknowledges that its use of Crossing 4a is secondary to and must not interfere with or disturb the City’s or City-approved use of the culvert’s stormwater- conveyance and flood-control functions.

5. Hold Harmless.

5.1 The Golf Course will defend and hold the City and its employees harmless from any claim, expense, or other damage arising from or related to use of the Crossings by golfers, employees, contractors or other invitees of the Golf Course or related to the condition of the below-grade private crossings owned by Golf Course. This provision survives termination or expiration of this Agreement.

5.2 Section 5.1 does not apply to any claim, expense, or other damage to the extent that it arises from the active or gross negligence or willful misconduct of the City or its employees.

6. General Provisions

6.1 Counterparts. This Agreement may be executed in one or more counterparts, each of which is deemed an original, but all of which together constitute one and the same instrument.

6.2 Authority to Execute Agreement. The Parties represent that the individuals signing this Agreement have full right and authority to bind their respective parties to this Agreement. Each individual signing this Agreement on behalf of a Party 8 55452.07100\41007201.10
03/24/23
6 represents and warrants that they are duly authorized by their Party to execute this Agreement on the Party’s behalf.

6.3 Attorney Fees. If a Party institutes any action or proceeding against any other Party with regard to this Agreement, the prevailing Party is entitled to recover from the non-prevailing Party (in addition to all other remedies provided by law) its reasonable attorneys’ fees and costs incurred in the action or proceeding, including all appeals and remanded proceedings.

6.4 Successors and Assigns. This Agreement binds and inures to the benefit of the Parties and their respective heirs, legal representatives, successors, and assigns. But no Party may assign its rights or obligations under this Agreement without the written consent of the other Parties.

6.5 Entire Agreement. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all proposals, negotiations, conversations, discussions, other agreements, and representations, whether oral or written, between the Parties relating to the subject matter of this Agreement.

6.6 Governing Law. This Agreement has been executed in and is governed by the laws of the State of California. Venue lies exclusively in courts of competent jurisdiction in Orange County, California.

6.7 Severability. If any provision of this Agreement is for any reason held to be unenforceable by a court of competent jurisdiction, such unenforceability has no effect on any other provision of this Agreement, and this Agreement must be construed as if such unenforceable provision or provisions had never been contained herein.

6.8 Notices. All notices and demands must be given in writing by personal delivery or first-class mail, postage prepaid. Notices must be addressed as appears below for the respective Party; provided that, if any Party gives notice of a change of name of address, notices to the giver of that notice must thereafter be given as demanded in that notice. Notices are deemed received 72 hours after deposit in the United States mail.
(A) To the City:

City of San Clemente
Attention: Public Works Director-City Engineer
910 Calle Negocio, Suite 100
San Clemente, CA 92672
9 55452.07100\41007201.10
03/24/23
7 With Copy to:

City Clerk of the City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
(B) To GC-8:

GC-8, LLC
Attn: Golf Course Manager or Owner
501 Avenida Vaquero
San Clemente, CA 92672

6.9 Waiver. Lack of enforcement by a Party of a breach of any term, covenant, or condition of this Agreement is not a waiver of the term, covenant, or condition or of any subsequent breach of the same or of any other term, covenant, or condition.

No delay or omission in the exercise of any right or remedy of a Party impairs such right or remedy or may be construed as a waiver of any default of the other Party.

Consent to or approval of any act by a Party requiring consent or approval of the other Party does not waive or render unnecessary such consent to or approval of any subsequent act. A waiver must be in writing, signed by the Party against whom enforcement is sought, and does not waive any other matter concerning the same or any other provision of this Agreement.

6.10 Amendment. No provision of this Agreement may be modified, amended, or added except by a writing signed by the Parties.

6.11 Joint drafting. Both Parties acknowledge and agree that they were each involved in the drafting of this Agreement, had the opportunity for their counsel to review it, and the rule that an agreement is to be interpreted against the drafter shall not apply to the interpretation of this Agreement.
(Signatures on following pages)
10 55452.07100\41007201.10
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8 IN WITNESS WHEREOF, the Parties have executed this Agreement as indicated below.

CITY:

CITY OF SAN CLEMENTE
By:

Andy Hall, City Manager
Date:

Attested By:
______________________________
City Clerk
APPROVED AS TO FORM:
______________________________
Elizabeth A. Mitchell, City Attorney
Date:
(Signatures continue on following page)
11 55452.07100\41007201.10
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9 GOLF COURSE:

GC-8, LLC,
a California limited liability company:

By:

Fah Sean Leong
Date:
12 55452.07100\41007201.10
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10 EXHIBIT A

CROSSINGS
(Follows this page)
13 !!
!!
!!
!!
!!

CAM CAPISTRANO

EBB TIDE DR

PALM DR

SEA BREEZE DR

VIA SENDA

VIA MONTEC

VIA SANT

VIA VISTOSA

VIA VERBEN

AVE VAQUERO

VIA MONTEGO VIA BANDITA

VIA LADO

VIA MONTECITO VIA MONTEG

MONTE VIS

VIA CASCADITA

SHELL DR
BAY DR

PACIFIC DR OCEAN DR

VIA NADA
3a
2a
1 3b
2b
I
Shorecliffs Golf Course
Golf Cart Accessible Culverts
!! Private Road - Private Cart Crossing
!! Public Road - Cart Crossing
!! Public Road - Private Culvert Cart Path
!! Public Road - Drainage and Cart Parth
!! City Owned - Drainage and Cart Path
14 !! !!

CAMPANILLA

CAM DE LOS MARES

CLE GUADALAJA
AVE M

CLE VALLARTA

CLE AMABLE

CLE BRISA

CAMPANILLA

VIA TUNASCANTILENA

CLE VICENTE

CLE CANASTA

VIA GOLET

CLE BARANDA
CLE GA

CLE JUAREZ

VIA JUAREZ

AVE VAQUERO

VIA SAN GORGONIO

CLE GRANDE VIS

CLE ARCO

CLE CAMPANA
CLE HI
4a 4b
I
Shorecliffs Golf Course
Golf Cart Accessible Culverts
!! Private Road - Private Cart Crossing
!! Public Road - Cart Crossing
!! Public Road - Private Culvert Cart Path
!! Public Road - Drainage and Cart Parth
!! City Owned - Drainage and Cart Path
15 !!
!!
!!
!!
!!

VIA ARBOLEDA

VIA MONTECITO

VIA SANTO TOMAS

VIA CASA LOMA

VIA VERBENA

VIA MONTEZUMA

VIA MONTECITO

CLE VISTA TORITO

VIA MONTEGO

CLE JUAREZ

CLE SOR
CLE FR

VIA SAN GORGONIO

VIA SAN JACINTO

VIA CORBINA
3a
2a
5 3b
I
Shorecliffs Golf Course
Golf Cart Accessible Culverts
!! Private Road - Private Cart Crossing
!! Public Road - Cart Crossing
!! Public Road - Private Culvert Cart Path
!! Public Road - Drainage and Cart Parth
!! City Owned - Drainage and Cart Path
16 ATTACHMENT 2
RESOLUTION NO. 23-151

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

CROSSING AGREEMENT AND ACCEPTANCE OF THE

UTILITY AND PEDESTRIAN EASEMENTS, AND

AUTHORIZING THE CITY MANAGER AND/OR PUBLIC

WORKS DIRECTOR/CITY ENGINEER TO EXECUTE THE

UTILITY EASEMENT QUITCLAIM AND OTHER SUCH

DOCUMENTS AS ARE NECESSARY AND PROPER TO

COMPLETE THE PROJECT
WHEREAS, the Shorecliffs Golf Course was built in the 1960’s and designed a course layout that included the need for golf course clients and workers to utilize both atgrade and below-grade crossing to traverse the golf course; and WHEREAS, a majority of these crossings are within the City of San Clemente’s public street easement right of way; and
WHEREAS, no encroachment permits or agreements were found to have held the City harmless for the golf course’s use of these crossing; and WHEREAS, on March 6, 2019, the Shorecliffs Golf Course and developer, Greystar, were approved by Planning Commission Resolution 19-006 to construct a 150-unit senior apartment building and new golf course club house subject to conditions; and WHEREAS, Resolution 19-006 included Condition of Approval 3.25 that required a hold harmless agreement to be executed between the property owner and the City for use of the public street easement right of way; and
WHEREAS, Resolution 19-006 also included Conditions of Approval 3.10 and 3.24 that required the dedication of Public Sidewalk and Pedestrian Access Easement for ADA compliance along the public street frontage on Avenida Vaquero and easements for public sewer and water mains; and
WHEREAS, other documents such as a utility line easement quitclaim are necessary to be executed and recorded to accomplish the purposes of this resolution.

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

Section 1. The information contained herein is true and correct and incorporated herein.

Section 2: City Council approves the Crossing Agreement and authorizes the City Manager to execute the same in a form substantially similar to that presented to the City Council on December 5, 2023.
17 Resolution No. 23-151 Page 2
Section 3. The City Council approves the utility and pedestrian access easements in connection with the project, and authorizes the City Manager and/or Public Works Director/City Engineer to execute the necessary documents to accept and record the easements in a form acceptable to the City Attorney.

Section 4. The City Council authorizes the City Manager and/or Public Works Director/City Engineer to execute a utility easement quitclaim in reference to the utilities that are being replaced, as well as to take such other and further actions and execute such other documents as are necessary and proper to accomplish the purposes of this resolution and implement the conditions of approval for this project.

Section 5. 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 December, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
18 Resolution No. 23-151 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-151 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of December, 2023, 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 December, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
19 910 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: December 5, 2023 Agenda Item: 7BB
Department: Beaches, Parks and Recreation
Prepared By Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e

CONSIDERATION OF A RESOLUTION ACCEPTING A COMMITMENT OF A DONATION

FROM THE SAN CLEMENTE AQUATICS TEAM, AUTHORIZING THE REPLACEMENT OF

THE SCOREBOARD AT THE SAN CLEMENTE AQUATICS CENTER AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 2 ..body
Fiscal Impact:

The scoreboard replacement is estimated to cost up to $90,000. The San Clemente Aquatics Team has committed to contributing funding for the full cost of the project.

Summary:

The San Clemente Aquatics Team submitted a request to donate the funding required to replace the digital scoreboard at the San Clemente Aquatics Center. City Policy No. 204-5 requires the City Council to review and consider all major donations prior to acceptance. This policy further requires the donor to complete a donation form detailing the purpose and intent of the donation (Attachment 2).

Background:

The San Clemente Aquatics Center opened in February 2012 and included an aquatics scoreboard to be utilized during swim meets and tournaments. The scoreboard was funded by a generous donation of $40,000 from the San Clemente Aquatics Team (“SCA”), a Senior Aquatics Partner with the Recreation Division.

In early 2023, the SCA board approached staff with an interest in funding the replacement of the scoreboard with a modern system that would include several LED panels constructed within the same footprint as the existing scoreboard (Attachment 2). The proposed scoreboard improvement would allow for expanded options for advertising programming, facility updates, and other pertinent pool user information. SCA would also benefit from the new scoreboard during swim meets and competitions when it would be able to advertise club sponsors and showcase team players.

SCA has worked diligently over the last several months to secure donations from families and local businesses to support the project. Additionally, a committee of volunteer parents has researched a variety of industry supported scoreboard units and has provided a recommendation of “viviLED” based on its competitive pricing and longevity in industraty usage (Attachment 3). 1 Meeting Date: December 5, 2023 Agenda Item: 7BB

CITY OF SAN CLEMENTE
The proposed unit will require an increase in electrical output. City electrical staff have reviewed the specs and met with the vendor. If Council approves the replacement, the electrical equipment will be updated during the scheduled pool closure for the pool replaster project planned from December 2023 through February 2024.

Once installed, the City will assume responsibility for the maintenance and repair of the system.

Council Options:
 Approve Resolution No. 23-152, which will authorize the replacement of the electronic scoreboard at the San Clemente Aquatics Center, accept a donation from the San Clemente Aquatics Team to find the replacement and find the project exempt from CEQA.  Amend and approve the Resolution.
 Provide alternate direction to staff.
 Take no action.

Environmental Review/Analysis
Replacing the scoreboard is categorically exempt from the California Environmental Quality Act under 14 CCR Section 15302 (Class 2: Replacement or Reconstruction) of the State CEQA Guidelines because it consists of the replacement/reconstruction of an existing amenity where the replacement will be located on the same site and will have substantially the same purpose and capacity.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council approve Resolution No. 23-152, which will:

1. Authorize the replacement of the San Clemente Aquatics Center scoreboard with an LED panel display system;

2. Accept a commitment of a donation from the San Clemente Aquatics Team of up to $90,000 for the project; and

3. Find the project categorically exempt from CEQA under 14 CCR Section 15302 (Class 2:

Replacement or Reconstruction) of the State CEQA Guidelines. ..end
Attachment:

1. Resolution No. 23-152

2. Proposed scoreboard replacement product

3. Donation Acceptance Form
Notification:

San Clemente Aquatics Team
2 Attachment 1
RESOLUTION NO. 23-152

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

REPLACEMENT OF THE ELECTRONIC SCOREBOARD AT

THE SAN CLEMENTE AQUATICS CENTER AND

ACCEPTING A DONATION FROM THE SAN CLEMENTE

AQUATICS TEAM TO FUND THE REPLACEMENT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER 14 CCR SECTION 15302 (CLASS 2: REPLACEMENT

OR RECONSTRUCTION) OF THE STATE CEQA

GUIDELINES
WHEREAS, the San Clemente Aquatics Center (“Aquatics Center”) opened in February 2012 and included a scoreboard intended to be utilized during swim meets and competititions; and
WHEREAS, the San Clemente Aquatics Team (“SCA”), a not-for-profit corporation and Senior Aquatics Partner, has committeed to providing the necessary funding for the full replacement of the scoreboard at the Aquatics Center; and WHEREAS, City Policy No. 204-5, entitled “Guidelines for the Acceptance of Donations, Sponorsorships, & Gifts”, requires all major donations be considered by the City Council prior to acceptance; and
WHEREAS, the donation of a new scoreboard at the San Clemente Aquatics Center is deemed a facility enhancement and benefit to the users of the pool and in the public’s best interest.

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

Section 1. The City Council finds that the above recitations are true and correct and incorporates them herein.

Section 2. The Council authorizes the replacement of the existing scoreboard at the San Clemente Aquatics Center to replaced with a new digital panel scoreboard with an estimated cost of up to $90,000 for removal and replacement.

Section 3. To fund the cost of this facility amenity replacement/upgrade, the SCA has committed a donation of up to $90,000 towards the scoreboard replacement. The Council accepts this donation and authorizes an appropriation of these funds into the Facility Asset Replacement Account. Upon acceptance, the City will take full responsibility for the ongoing maintenance and repairs of the new equipment.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
3 Resolution No. 23-152 Page 2
PASSED AND ADOPTED this _____ day of ____________________, _______.

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. 23-152 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:

Aquatic competitions and multimedia presentations at City's discretion.

Utilization of scoreboard during
swimming competitions for timing, advertising and competition communication.

Similar to current board, addition of team name and logo on new scoreboard.

Approximately $85,000
P.O. Box 73666, San Clemente, CA 92673
11/21/2023
5 CITY OF SAN CLEMENTE

DONATION ACCEPTANCE FORM
(Policy No. 204-_)
Name of Donor:

Address:

Description of Donation:

Donation Value:

Intended Use:

Conditions of Acceptance or Donor Designation:

Additional Remarks:

City Department Receiving Donation:

APPROVALS
nature Date
City Manager Signature Date
City Council Approval Date
IYl' Approved
□ Denied
□ Approved
□ Denied
□ Approved
□ Denied
Note: The City of San Clemente cannot guarantee the future funding for repair, maintenance, use or replacement of donated items.
p
ViviLED
SCOREBOAD2591 Ernestine CourtLaguna Hills, CA 92653Greg [email protected]: 949-305-4242cell: 408-373-4242 ATTACHMENT 3
6 VIVILED

HIGHLIGHTS
• Founded 1972 (50 years)• State of the art hi-tech HD Displays• Ease of use• Virtual and real pixel configurations• Durable in all environments• Supplied 3 Olympic games• Competitive pricing• Local to SoCal - Laguna Hills ATTACHMENT 3
7 viviLED

SCOREBOARD
Controls
ATTACHMENT 3
8 f
i
I
viviLED
QUOTE (6-7-23)
ATTACHMENT 3
9 QUOTATION
viviL E D Display Company
25901 Ernestine Court, Laguna HIiis, CA USA 92653
1-949-305-4242 fax: 1 -949-305-4979 [email protected] www.vlvlled.com San Clemente Aquatic Center 0 0 0
Dimensions (w x h)
Pixel Ditch
Pixel Configration
Dimensions(w x h x d)(mm)
Physical Resolution lw x h)
Weight/m 2
Average Power/sqm (watts)
Ill
Panel size (meters)
Panel Quantity{pcs)
Panel size {meters)
Panel Quantitvfocs)
Screen Area Dimension(m) Screen Area Dimension(ft)
D i splay Resolution(pixels)
Cabinet Area Dimension (m) Cabinet Area Dimensio n (ft) Disolav Power lwatts)
Total Weight
D i splay Aspect Ratio
'
Brightness
Viewina An1:de
Service Access
M inimum Viewing Distance
Brightness Control
Gray scale
Refresh frequency
DrivinR mode
lnDut Dower freauencv
Input Voltage
Blind spot rate
Lifetime at 50% brightness
lneress Protection
OperatinR temperature
Operating humidity
Control distance
Signal input format
Operating system
I
San Clemente Aquatic Cen ter
Q u otation Number: VI-Q-060723-01
Outdoor 10mm 15. 75ft x 9 .45ft 480 x 288 2,lxels
320mm wide x 320mm hi2h Resolution (w x h)
Outdoor 10mm Pixel Density
1R,1G,1B LED SMD
960 X 960 X 150 Module Quantity
96 x 96 p ixels Physical Pixels (total)
35 kgs/m2 Material
280 watts/m2 average Max Power/sqm(watts)
,_ ,_
0 .96 0.96
5 3
4 . 8 2 .88

15.75 9.45
480 288

4.800 2.880

15.75 9.45
."WIW1!
> 7000 cd/m2
Quote Issued:

Expires:
6/7/2023
8/6/2023
32 pixels wide x 32 pixels hi2h
10000 pixels /sq meter
Ill
9 9216
Aluminum
700 watts/m2 maximum
~------· m

0.9216
15 0 0

13.82 sq meters
148.84 sq ft
138240 total p i xels

13.83 sq meters
148.81 sq ft
9677 watts
1056 lbs (480kg)
1 .67
Horizontal 140{+70/-70) deg. Vertical 140{+70/-70) deg.

Front Service
7 meters {27.56 feet)
100 levels
4096 level
>1500 Hertz
1/4 duty constant current drive
50 or 60 Hertz
120vac or 220vac or 208vac 3 phase (4 w ire)
< 1/10000
100000 hours
Front IP65, Rear IPS3
-20- + 50 °C
10% ,_ 90 %
CATS cable : < 100 m; Single mode dual core fiber: < 10 km AV, S-Video, VGA, DVI, YPbPr, HDMI, SDI
Windows 10/11
viviLED
QUOTE Cont. (6-7-23)
10 Quotation Number: VI-Q -060723-01 End Customer: San demente Aquatic Center Expires: 8/6/2023 ' I ... li!JIIL'.- . , ... .... :C111m1• ;..-. __
LED Display, Master Vl-1R1G1B-1 0mm 480 x 288 p ixels 1 pc $ 67,594.08 $ ---
67,594.08
Items Included In Base Price
Personal Computer 1 pc
LED Manager Software 1 pc
Content Scheduler 1 pc
VACS- MSMP software for CTS, DAK, OMEGA/Swiss Timing 1 pc Display check out bv viviLED personnel at customer location 1 PC Internet Training with End Customer 1 pc Items NOT included in the Base price Soare Parts Included In Base Price set
LED Module VI-IR-DD-Pl0 1S pc
Power supply VI-PS320 8 pc
Transmitter Board VI-XMTR 2 pc
Receiver Board VI- RCVR 1S pc
Fan VI-FANSvdc 4 DC
Short Ribbon Cables VI- RIBBON SHORT 1 set
Long Ribbon Cables VI- RIBBON LONG 1 set
Display installation by viviLED on load bearing wall or structure provided by Customer $ 7 ,S00.00 ---~~tlilliUllliil ...... -_. ....... ._~, •• \---~ ;JI J,' Choose one of the followinR required communication choices: CAT 5 Cable (100 meters max.) included Fi ber Optic Cable included

OPTIONAL ITEMS

I I I I

I I I I
Customer provides data conduit from office to LED d isplay with pull lines. viviLED installs and terminates data cable. Customer provides electrical service to the LED d i splay. v iviLED makes final connections. I Remark s:

1. Quot ation is valid for 90 days from da te of quotation.

2. Refer to viviLED Display Company Terms and Conditions. 3 . Payment method: SO"'- payment before production, 4°" prio r to shipment, 10" net 30 days 4 . Free t raining: 5 days (maximum, typically 2 days) complete technical tra ining In our Laguna Hills offices. Customer is responsible for travel and per d iem expense s . All dollar amounts are expressed in United States Dollars.

6. FOB, Customer's Location
7 . The cost of shipping from Laguna Hills, CA USA to the c.ustomer is Included in this quotation.

Page 2 of 3 ends

viviLED
Voltage Specifications
ATTACHMENT 3
11 VOLTAGE-CURRENT SPECIFICATIONS
viviLED Display Company
25901 Ernestine Court, Laguna Hills, CA USA 92653
1-949-305-4242 fax: 1-949-305-4979 [email protected] www.viviled.com San Clemente Aquatic Center
0 0 0
Norman, OK
San Clemente Aquatic Center
Quotation Number: VI-Q-060723-01
Outdoor 10mm 15.75ft x 9.45ft 480x 288 p_ixels
BASE POWER: 9677
CITY, COUNTY, STATE MARGIN 25%
POWER WITH MARGIN 12096
POWER FACTOR 0.95
TOTAL POWER 12733
VOLTAGE (VAC) 120
CURRENT (AMPS) 106
CIRCUIT BREAKER RATING (AMPS) CONTACT viviLED

FOR SOLUTION

CIRCUIT BREAKER TYPE SINGLE POLE
watt
watts watts
220
57 70
2 POLE
Quote Issued:

Expires:
240
53 70
2 POLE
6/7/2023
8/6/2023
208
37 so
3 POLE
NOTE 1: NOTE 2: NOTE 3:

ALL CIRCUITS MUST HAVE A GROUNDED CONDUCTOR.

CUSTOMER SPECIFIES OPERATING VOLTAGE AT TIME OF ORDER.
208VAC IS A 3 WIRE SYSTEM. THE NEUTRAL IS NOT REQUIRED.

Page 3 of 3 ends

viviLED
2 Post Drawing
ATTACHMENT 3
12 r 18.9 FT "' I
7 9.5 FT
viviLED PRELIMIINAR DRAWING
NOTES:

W14x36
TYP. 2 PLACES

ELECTRICAL POWER CONDUIT

SIGNAL DATA CONDUIT

1. THIS IS A NON-ENGINEERED Dt WING

2. THIS DRAWING IS NOT APPROV D FOR
CONSTRUCTION.

3. THIS RENDERING DOES NOT INCLUDE A
SURROUNDING FASCIA.

4. THIS RENDERING DOES NOT INCLUDE A
FACILITY IDENTIFICATION PANEL.

10.0 FT
J FT
i.-1-3.0 FT 0.5 FT]
viviLED Display Company
2SN1fnwtinlCol#t,lJIUlllllll,CAUIAl2W I~
2 POLE viviLED 18.89 x 9.45 FOOT

VIDEO BOARD SUPPORT
·1~- I.
10111: IMII 1of1
viviLED
4 Horizontal Support Drawing(Santa Rosa Board)
ATTACHMENT 3
13 ,·~-
i
3'-2i·
,I
9'-7" ,·~-
II
20'
rJ·-oa·-rJ•.,¾•1J·.,¾·1J·-,¾·13·-oa·7 B" X B" X j• HSS 2 PLACES r 7
_/
~,.s·x,.s·x~· HSS 6PLACES
-r----4• X 4' xf, SS 4 PLACES
,.s·x,.s·x~· HSS 1PLACE-----,
15'·1·
10'
,,--h r 1---,_
/GRADE
r-h
- - -
-
vlvlLED Display Company
259(UErnt1r.Coo.a1,Ll,gul\ll lll ,,CAUSA.fflSl 1-t,,lt~Q viviLED MARKUP OF SANTA ROSA
4 HORIZONTALS DRAWING CP 11
a1-~ I~ VI-DWG-022522-01 a
IMrt 1ot1
Multimedia

LED HIGHLIGHTS
• Founded 1990 (30+ years)• State of the art hi-tech HD Displays• Boards worldwide presence• Time Square locations• 24/7 Support• Cybersage (Ai) technology (Maint.)• Local to SoCal – Corona• Engineer lives in San Clemente ATTACHMENT 3
14 SUMMARY - CONCLUSION
ATTACHMENT 3
15 NEXT STEPS - TIMELINES
Confirm Electrical plansviviLED engineer to approve infrastructure supportElectrical contractor selection and work date establishedSCA to submit down (50%) to purchase boardPlan for date of install (60-90 days purchase to install complete)Training with viviLED(establish timing after install)Testing of board and usage (viviLED to support)Establish protocol / SOP for usage and storage (protect asset)viviLED will attend first event to support operation (Ribbon cutting)Other needs ATTACHMENT 3
16 END
ATTACHMENT 3
17 910 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: December 5, 2023 Agenda Item: 7CC
Department: Beaches, Parks and Recreation
Prepared By Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e

CONSIDERATION OF A RESOLUTION ACCEPTING A DONATION FROM FRIENDS OF SAN

CLEMENTE BEACHES, PARKS AND RECREATION FOUNDATION FOR PALAPA

STRUCTURES AT LASUENS BEACH AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

The Friends of the San Clemente Beaches, Parks & Recreation Foundation (“Friends”) has committed to donating two palapa structures and covering the cost of their installation, at an estimated total cost of $5,000. Installation of the structures will be managed through the Public Works Department. The future replacement of the donated palapa structures is estimated at $15,000 per structure, based on current city-maintained palapas.

Summary:

The Friends have offered to donate two palapas to the Lasuen Beach area, adjacent to the volleyball courts. The donation would cover the materials and installation of the palapas and is valued at approximately $5,000.

Background:

There are two palapas located north of the five volleyball courts at Lasuen Beach. With the additional volleyball courts installed in the fall, the Friends have offered to donate an additional two palapas to the Lasuen area to increase shade for beachgoers.

If Council approves the donation, staff will work with the Friends to install the units. Additionally, the Friends requested to include their logo on the palapas. Staff will collaborate with the group to find an option for naming/branding that compliments the aesthetics of the palapa and beach area, while not being intrusive to the structures.

Council Options:
 Approve Resolution No. 23-153, which will accept a donation of two palapa structures and the cost of their installation from the Friends of San Clemente Beaches, Parks & Recreation Foundation to be installed at Lasuens Beach, and find the project exempt from CEQA.
 Amend and approve the Resolution.
 Provide alternate direction to staff.
1 Meeting Date: December 5, 2023 Agenda Item: 7CC

CITY OF SAN CLEMENTE
 Take no action.

Environmental Review/Analysis
Accepting a donation and installing the two palapas is categorically exempt from the California Environmental Quality Act under 14 CCR §15303 (Class 3: New Construction or Conversion of Small Structures) of the State CEQA Guidelines because it consists of the installation of a limited number of small structures that are temporary in nature and have no direct or foreseeably indirect possibility of causing a substantial impact on the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council approve Resolution No. 23-153, which will:

1. Accept a donation of two palapa structures from the Friends of San Clemente Beaches, Parks & Recreation Foundation to be installed at Lasuens Beach; and

2. Find the project categorically exempt from CEQA under 14 CCR §15303 (Class 3: New Construction or Conversion of Small Structures) of the State CEQA Guidelines. ..end
Attachment:

Resolution No. 23-153
Notification:

None.
2 Attachment 1
RESOLUTION NO. 23-153

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

INSTALLATION OF TWO PALAPA STRUCTURES AT

LASUEN BEACH AND ACCEPTING A DONATION FROM

THE FRIENDS OF SAN CLEMENTE BEACHES, PARKS &

RECREATION FOUNDATION TO FUND THE PROJECT,

AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER 14 CCR §15303 (CLASS 3: NEW CONSTRUCTION

OR CONVERSION OF SMALL STRUCTURES) OF THE

STATE CEQA GUIDELINES
WHEREAS, the Friends of the San Clemente Beaches, Parks & Recreation Foundation (“Friends”) has offered to donate the materials necessary for the installation of two palapas at Lasuen Beach; and
WHEREAS, the Friends, a not-for-profit corporation, is a partner with the City and is dedicated to supporting services and facilities for the Beaches, Parks & Recreation Department; and
WHEREAS, City Policy No. 204-5, entitled “Guidelines for the Acceptance of Donations, Sponsorships, & Gifts”, requires all major donations be considered by the City Council prior to acceptance; and
WHEREAS, the donation of new palapas at Lasuen Beach is deemed an enhancement and benefit to beachgoers and is inherently temporary in nature due to their short useful life expectancy.

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

Section 1. The above recitations are true and correct and incorporated herein.

Section 2. Installing the two palapas is categorically exempt from the California Environmental Quality Act under 14 CCR §15303 (Class 3: New Construction or Conversion of Small Structures) of the State CEQA Guidelines because it consists of the installation of a limited number of small structures that are temporary in nature and have no direct or foreseeably indirect possibility of causing a substantial impact on the environment.

Section 3. The Council authorizes the installation of two palapa shade structures at Lasuen Beach.

Section 4. To fund the cost of this amenity, the Friends has committed a donation of up to $5,000 towards the installation. The Council accepts this donation and authorizes staff to coordinate with the Friends on the installation and location of the palapas and inclusion of the Friends’ logo on the structures. Upon acceptance, the City will take full responsibility 3 Resolution No. 23-153 Page 2
for the ongoing maintenance and repairs of the structures. The City makes no commitment to replace the palapas at the end of their useful life.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
4 Resolution No. 23-153 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-153 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: December 5, 2023 Agenda Item: 7DD
Department: Public Works
Prepared By David Rebensdorf, Public Works Director/City Engineer Zak Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil Engineer-Traffic
Subject:
..titl e

CONSIDERATION OF INSTALLATION OF CROSSWALK IMPROVEMENTS, SPEED

FEEDBACK SIGNS, AND RED CURBS ON CAMINO CAPISTRANO, VIA BREVE, AND MONTE

VISTA, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 1 ..body
Fiscal Impact:

The cost is approximately $120,000 for installing a new marked crosswalk and its associated measurements, speed feedback signs, and new red curb parking prohibitions. If the project is approved by City Council, staff will either come back to the City Council with an appropriation of funds in the current fiscal year depending upon available funding from existing projects or budget the project in FY 2024-2025 from the Air Quality Fund/Traffic Calming, and SB-1 Gas Tax/RMRA Funds.

Summary:

The purpose of this report is to consider the installation of a marked crosswalk at the intersection of Camino Capistrano and Via Breve, and to consider adding new red curb on Camino Capistrano, Via Breve, and Monte Vista.

The crosswalk’s associated improvements include: flashing signs at the crosswalk, in-roadway warning lights, advance flashing warning signs, in-roadway markings, speed feedback signs, and a 42-foot section of red curb on the north side of Camino Capistrano. The proposed changes as shown on Attachment 1 aim to increase pedestrian visibility and slow down approaching vehicles.

During the Planning Commission hearing on November 8, 2023, the Planning Commission recommended approving the crosswalk improvements and the 42 linear feet of red curb necessary for crosswalk visibility. The Planning Commission also included an additional recommendation to add electronic speed feedback signs with the project in hopes to slow traffic down on Camino Capistrano.

The Planning Commission decision did not recommend the addition of new 5-foot red curbs on the south side of Camino Capistrano, the east side of Via Breve, and both sides of Monte Vista as shown on Attachment 2. The proposed purpose of the red curbs is to improve pedestrian access from the senior community private sidewalks to the public street. There is no sidewalk parallel to the street making pedestrian access to the street through planters if cars are parked in front on the proposed red curb areas.
1 Meeting Date: December 5, 2023 Agenda Item: 7DD

CITY OF SAN CLEMENTE
Staff has included two Resolutions for consideration of the project. If the City Council desires is to follow the Planning Commission’s recommendation and not install the 5-foot red curbs, then the City Council’s action should only approve Resolution No. 23-154, which approves the crosswalk and 42 linear feet of red curb necessary for crosswalk visibility. If the City Council desire is to approve both the crosswalk improvements and approve the 5-foot red curb parking prohibitions as shown on Attachment 2, then the City Council action should approve both Resolutions.

Background:

The City has received request from members of the Baycliff Village Home Owners Association (HOA) for additional street improvements fronting their development along Camino Capistrano.

Requests have included new stop signs, crosswalks, traffic calming, sidewalks, and parking prohibitions.

Per the General Plan Mobility Element, Camino Capistrano is a secondary collector street, and Via Breve and Monte Vista are both local residential streets. Camino Capistrano has a posted speed limit of 30 mph, while both Via Breve and Monte Vista are 25 mph residential streets. The Camino Capistrano roadway varies from 44-64 feet from curb to curb, and on-street parking is permitted on both sides of the street. Both Via Breve and Monte Vista are 40 feet from curb the curb, and on-street parking is permitted on both sides.

Since 2019, staff has implemented traffic-calming measures during the restriping of Camino Capistrano with additional edge line striping, and the repeated deployment of a speed feedback trailer.

Proposed Improvement 1: A new marked crosswalk at the eastern intersection of Camino Capistrano and Via Breve and its associated improvements, and speed feedback signs.

The intersection of Camino Capistrano and Via Breve is located near the crest of the Camino Capistrano slope and has both horizontal and vertical curves in the alignment. City staff has received complaints from the residents indicating concerns regarding traffic speeds, safety, and pedestrians crossing the Camino Capistrano. The crosswalk request also raised the issue of this area being a Blue Line trolley stop.

In response to the public request for the improvements, staff collected speed and volume data in June 2023 and found that the 85th percentile speed was 33 miles per hour (mph). Attachment 3 shows its speed data analysis and data collection point located at the mid-block to observe the fastest speeds. Based on the survey results, the area would not meet the requirements for additional traffic calming improvements as per the City’s Traffic Calming Policy & Resource Manual.

Staff’s analysis also included potential modifications to the intersection for a potential all-way stop sign. City staff conducted a field study to determine if additional stop signs are warranted.

During the study period, the actual number of vehicles coming from Via Breve did not meet the qualifications for adding stop signs on Camino Capistrano as presented in Attachment 4. Per the California Manual on Uniform Traffic Control Devices (CA MUTCD), stop signs should be only 2 Meeting Date: December 5, 2023 Agenda Item: 7DD

CITY OF SAN CLEMENTE
added when cross traffic volumes are similar on both streets. Adding stop signs in areas that do not have similar cross traffic can lead to drivers not stopping for an all-way stop sign since conflicting traffic is not present. The analysis results showed the Via Breve had approximately 6% of the traffic volume as compared to Camino Capistrano.

Staff assessed the pedestrian safety at the intersection through a crosswalk warrant analysis in June 2023. It was found that a marked crosswalk was not warranted because few pedestrians crossed Camino Capistrano near Via Breve. The results of the analysis are shown in Attachment

5. However, the intersection is the location of a Blue Line Trolley Stop for both north and south routes and Attachment 6 shows the stop locations as well as the other traffic signs along Camino Capistrano. The Blue Line Trolley typically runs during the summer months. On average during the summer of 2023, the north bound trolley stop picks up approximately 15 people per week, and the south bound route picks up approximately 40 riders per week. Based on the pedestrian activity for the trolley stops and other crossings, staff then studied the alignment of the intersection area. Due to the potential for line of sight/stopping sight distance issues with the intersection being on a crest of a hill and on a horizontal curve, staff can support the addition of the crosswalk improvements if the project design includes advance warning flashing signs to alert drivers of the upcoming crosswalk. These advanced warning electronic flashing signs would be located in advance of the crosswalk and provide a continuous warning to drivers of the crosswalk.

The proposed crosswalk location would also include push button activated flashing lights on the signs that are located directly adjacent to the crosswalk and lights embedded in the crosswalk to help alert drivers of the crossing.

If this crosswalk is added, then staff recommends adding 42 linear feet of red curbing in front of 3018 Camino Capistrano. This red curbing would help line of sight visibility of the crosswalk area for vehicles travelling south on Camino Capistrano. The improvements and locations for the proposed crosswalk, advanced warning signs, two (2) speed feedback signs, and the 42-foot red curb are shown on Attachment 1.

At the time of the preparation of the report, the City had not yet received confirmation from the affected residents regarding their support for the installation of advance flashing warning signs and speed feedback signs in front of their residential properties.

Proposed Improvement 2: New 5-foot red curbs to prohibit parking on the south side of Camino Capistrano, the east side of Via Breve, and both sides of Monte Vista.

The Baycliff Village HOA has several private pedestrian walkways that direct their senior citizen residents to the street. Residents have raised concerns that parked vehicles in these areas make it difficult to get to access parked cars on the street. There are no public sidewalks along these areas of Camino Capistrano, Via Breve, and Monte Vista. Construction of sidewalk along Via Breve and Monte Vista would necessitate retaining walls and removal of established landscaping.

Staff reviewed the request and proposed to the Planning Commission on November 8, 2023 to install a 5-foot red curb at the walkway areas on the south side of Camino Capistrano, the east side of Via Breve, and both sides of Monte Vista as shown in Attachment 2. The Planning 3 Meeting Date: December 5, 2023 Agenda Item: 7DD

CITY OF SAN CLEMENTE
Commission voted not to include these 5-foot red curb improvements with the project. Discussion included concern for accessibility, liability, and necessity.

This meeting was noticed to residents within a 300 feet radius of the project area to inform the residents that the subject would be considered at this meeting on December 5, 2023.

Council Options:
 Adopt Resolution No. 23-154, finding the project exempt from CEQA and approving the proposal to install a marked crosswalk, flashing signs at the crosswalk, in-roadway warning lights, advance flashing warning signs, in-road warning signs, speed feedback signs, and the 42-foot of red curb.
 Adopt both Resolution No. 23-154 and Resolution No. 23-155, finding the project exempt from CEQA, approving the crosswalk improvements noted above, and approving the 5-foot red curb parking restrictions.
 Adopt either Resolution No. 23-154 or No. 23-155 with modifications.  Continue the item and direct staff to provide additional information.  Do not adopt either Resolution and deny the request for a marked crosswalk, flashing signs at the crosswalk, in-roadway warning lights, advance flashing warning signs, in-road markings, speed feedback signs, and 5-foot and 42-foot red curbs.

Environmental Review/Analysis:

The Planning Commission and staff recommend that the City Council determine this action to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

Recommended Actions: ..recommendati on
Planning Commission Recommendation
Planning Commission recommends that the City Council approve Resolution No. 23-154, which would take the following actions:

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

2. Approve a new marked crosswalk, flashing signs at the crosswalk, in-roadway warning lights, advance flashing warning signs, in-roadway markings, speed feedback signs, and the 42-foot red curb on the north side of Camino Capistrano.

Staff Recommendation
..recommendation
Staff recommends that the City Council approve Resolution No. 23-154 and Resolution No. 23- 155, which would take the following actions:
4 Meeting Date: December 5, 2023 Agenda Item: 7DD

CITY OF SAN CLEMENTE

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines;

2. Approve a new marked crosswalk, flashing signs at the crosswalk, in-roadway warning lights, advance flashing warning signs, in-roadway markings and speed feedback signs, 42-foot red curb;

3. Approve the 5-foot red curbs.
..end
Attachment:

1. Location Map – Proposed Pedestrian Safety and Speed Measures

2. Location Map – Proposed 5-foot long Red Curbs

3. Speed Data Analysis

4. All-way Stop Warrant

5. Crosswalk Warrant Analysis

6. Location Map – Existing Conditions

7. Resolution No. 23-154 for Crosswalk & 42-ft Red Curb

8. Resolution No. 23-155 for 5-ft Red Curbs
Notification:

Staff hand delivered notices to the residents within 300 feet of the subject area to inform them that the City Council would discuss the subject matter at this meeting. 5 ATTACHMENT 1
6 ''Y-
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Enctneerlng Division
;;:,/ 910 Calle Neaocio
San Clemente, CA 92673
/
LEGEND: 11011 -PROPERTY ADDRESS WITH PROPOSEO RED CURB
-EXISTING NO-PARKING/RED CURB
• - BLUE LINE TROLLEY STOP
PROPOSED 5 fl. NO-PARKING/RED CURB AT

WALKWAY
e - FIRE HYDRANT Proposed 5-foot long
Red Curbs
City of San Clemente
Engineering Division

SPEED DATA ANALYSIS
8 Location
Capistrano EastSide S. Breve
Latitude: 33.445222
Longitude: -117.646877
Analysis Time Period
Vehicles Analyzed
Start
6/16/2023
2:27 PM
End
6/24/2023
4:32 PM
a,s ... 34,466
Average Speed
28 85th Percentile Speed
33 Fastest Speed
. .

Speed Limit _,, .. -~
SPEED
LIMIT
30 10 MPH Pace Speed
30 Peak Time of Violations
6/17/2023
2:27 PM

ALL-WAY STOP WARRANT
Major Street:

Minor Street: Date of Traffic Survey/Count:

Warranted* Yes No

1. MINIMUM VOLUME SATISTIED YES NO
Yes No
10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM Hour 328 290 357 341 352 369 343 354 Total Vol.
8 Highest hours entering traffic: 1 hour average: 342
Yes No
10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM Hour 23 19 21 23 26 24 27 22 Total Vol.
1 hour average: 23
But
Yes No
85th-percentile approach speed 33 mph
C. If the 85th-percentile approach speed of
the major-street traffic exceeds 40 mph, the
minimum vehicular volume warrants are 70
percent of the above values.

Average Delay (sec):

Camino Capistrano
Via Breve
2,734
And
B. The combined vehicular,
pedestrian, and bicycle volume
entering the intersection from the
minor street approaches (total of
both approaches) averages at least
200 units per hour for the same 8
hours, with an average delay to
minor-street vehicular traffic of at
least 30 seconds per vehicle
during the highest hour-vehicles
per hour for any 8 hours of an
average day.

A. The vehicular volume
entering the intersection from the
major street approaches (total of
both approaches) averages at least
300 vehicles per hour for any 8
hours of an average day.
* The All-way stop warrant is met if one of the following conditions 1, 2, 3 or 4 is met and condition 5 should also be satisfied.
8 hours combined minor
street volume and pedestrian 185
Tuesday 6/20/23
X
X
X
X
X
Stop Warrant Checklist.xlsx 1 of 29
□ □
□ □
□ □

I I I I I I
□ □

I I I I
□ □

ALL-WAY STOP WARRANT
Major Street:

Minor Street: Date of Traffic Survey/Count:

Camino Capistrano
Via Breve Tuesday 6/20/23

2. TRAFFIC SIGNAL WARRANTED SATISTIED YES NO

3. ACCIDENTS SATISTIED YES NO
Number of accidents: 0

SATISTIED YES NO

5. VOLUME RATIO SATISTIED YES NO
24 hrs traffic volume on: 4,408
24 hrs traffic volume on: 321
Option: Volume Ratio: 1: 13.73
Prepared by: Date:

Checked by: Date:

Where traffic control signals are justified, the multiway stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal.

C. Locations where a road user, after stopping, cannot see conflicting traffic and is not able to reasonably safely negotiate the intersection unless conflicting cross traffic is also required to stop; and Via Breve
5 or more reported crashes in a 12-month period that are susceptible to correction by a multiway stop installation.

Such crashes include right- and left-turn collisions as well as right-angle collisions. (2018-2022)

4. Where no single criterion is satisfied, but where
Criteria 1A, 1B and 3 are all satisfied to 80 percent of the minimum values. Criterion 1C is excluded from this
condition.

The volume ratio should be approximately 1:1 indicating that traffic volumes on the major and minor streets are approximately equal.

Camino
Capistrano
Other criteria that may be considered in an engineering study include:

Jane M. 6/28/2023
D. An intersection of two residential neighborhood collector (through) streets of similar design and operating characteristics where multiway stop control would improve traffic operational characteristics of the intersection.

A. The need to control left-turn conflicts;
B. The need to control vehicle/pedestrian conflicts near locations that generate high pedestrian volumes; X
X
X
X
Stop Warrant Checklist.xlsx 2 of 210
□ □
□ □
□ □
□ □

CROSSWALK WARRANT

FOR NON-SIGNALIZED INTERSECTION
Location: Camino Capistrano & Via Breve DATA CALC.

POINT
Peak Hour Vehicle Volume: Tues 6/20/23 @ 3:00 PM on Capistrano 369 Peak Hour Pedestrian Volume:

Thurs, 6/22 @ 2:15 pm - 3:30 pm 7
Legal Approach Speed:

Crosswalks will not be installed on roadways where the 85th percentile approach speeds are in excess of 45 mph.
33 mph

1. Pedestrian Volume Warrant: Maximum 10 Points
Ped/peak hour Total Points
0 - 10 0
11 - 30 2
31 - 60 4
61 - 90 6
90 - 100 8
over 100 10
7 0
Avg no. of Gaps @
peak hour/5-min Total Points
0 - 0.99 10
1 - 1.99 8
2 - 2.99 6
3 - 3.99 4
4 - 4.99 2
over 5 0
9 0
2a. Avg no. of gaps per 5-minute period =
Total usable gap time (sec)
Ped crossing time x 12
Pedestrian Crossing Time = Street width

3.5 fps 13 sec
General Condition:

2. Gap Time Warrant: Maximum 10 Points - see Gap data collected on 6/20/23 @ 3-4 pm Peak-hour Crosswalk Warrant Capistrano & Breve.xlsx 8/1/202311

CROSSWALK WARRANT

FOR NON-SIGNALIZED INTERSECTION
Location: Camino Capistrano & Via Breve DATA CALC.

POINT

3. General Conditions Warrant: Maximum 8 Points
The general conditions would examine the possible improvements to the pedestrian safety due to the crossing installation.
a. Will clarify & define pedestrian routes across complex intersections - 2 pts no 0 b. Will channelize pedestrians into a significantly shorter path - 2 points no c. Will position pedestrian to be seen better by motorists - 2 points no d. Will position pedestrian to expose him/her to fewer vehicles - 2 points no

4. Approach Speed Warrant: No Points
Crosswalks will not be installed on roadways where the 85th percentile approach speeds are in excess of 45 MPH.

Note: The 85th percentile speed could be higher than the posted speed limit.

5. Visibility Warrant: No Points
Crosswalks will not be installed unless the motorist has an unrestricted view of all pedestrians at the proposed crosswalk site. for a distance not less than 200 feet approaching from each direction.

Sites with grades, curves and other sight restrictive features will require special attention.

6. Illumination Warrant: No Points
Crosswalks will not be installed unless adequate lighting in existence or scheduled for installation prior to the installation of the crosswalk. The illumination hall be designed to make the pedestrian visible to all approaching drivers under normal conditions and the visibility shall be sufficient to provide safe stopping distance.

7. Engineering Judgement Warrant: No Points
The Traffic Engineer may approve any installation of crosswalk if, in special circumstances, there is ample mitigating factors to substantiate the recommendation; or deny any installation if it is determined that the location could be hazardous to either the pedestrian or the motorist.

TOTAL POINTS:

Minimum of 14 points required to warrant a marked crosswalk:
0 Crosswalk Warrant Capistrano & Breve.xlsx 8/1/202312
ATTACHMENT 6
13 I
l
-~.
,,
-~ (' ..... -
._a:! .. .•J1 r. , .-.. \.
-~f .. t •··1
l :'. ---- -· • ,1,., -., "li "l; c "'\ -r '""- r ::!" ..._ , ~;;- / _,.. .., . go i m- Cil,y of San Clemente LEGEND, -smm "'"' i - m,mc "'" EXISTING CONDITIONS a Engineering Division
~
, ;:;{ 910 Calle Nerocio EXISTING NO-PARKING/RED CURB - FIRE HYDRANT CAM IN Q CAP I ST RAN Q C~ San Clemente, CA 92673 • if (1,oR""' - BLUE LINE TROLLEY STOP ! WW'W',san-clemente.ora from MONTE VISTA to DELGADO ATTACHMENT 7
RESOLUTION NO. 23-154

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

CROSSWALK IMPROVEMENTS, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING ‘NO
PARKING AREAS’ ON CAMINO CAPISTRANO, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City has received resident requests for installation of marked crosswalk and traffic calming measures on Camino Capistrano; and WHEREAS, the City has performed a traffic study and field review of the proposed crosswalk location and the City desires to improve pedestrian safety and implement traffic calming measures in the area; and
WHEREAS, the City of San Clemente Planning Commission (“Planning Commission”), at its regular meeting of November 8, 2023, made a recommendation to the City of San Clemente City Council (“City Council”) to approve the crosswalk at the western intersection of Camino Capistrano at Via Breve; and
WHEREAS, the City Council has considered the recommendation by the Planning Commission, the information provided by City staff and any information provided by the public at or before the December 5, 2023 City Council meeting, and City Council now wishes to implement the parking prohibition, which is warranted and is in the public’s best interest.

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

Section 1. That the above recitals are true and correct.

Section 2. That the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of minor alteration of existing public structures, facilities or topographical features, involving negligible or no expansion of existing or former use and there is no possibility of a direct or foreseeably indirect effect on the environment.

Section 3. That the Master Traffic Resolution No. 1846, Section 23, entitled “No Parking Areas”, is hereby amended by modifying subsection 23.c-22 to read as follows:

23.c-22 Capistrano, Camino, north side, at the driveway for the apartments at 3018 Camino Capistrano, from the west side to a point sixty-two (62) feet westerly.
14 Resolution No. 23-154 Page 2
Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of December, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of
San Clemente, California 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. 23-154 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:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, ESTABLISHING ‘NO
PARKING AREAS’ ON CAMINO CAPISTRANO, VIA BREVE
& MONTE VISTA, AND FINDING THE PROJECT

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

STATE CEQA GUIDELINES
WHEREAS, the City has received resident requests for review of pedestrian safety and 5-foot parking prohibitions at walkways within the Baycliff Village Homeowners Association; and
WHEREAS, the City has performed a field review and evaluated existing parking conditions on Camino Capistrano, Via Breve and Monte and the City desires to improve pedestrian safety in the area; and
WHEREAS, the City of San Clemente Planning Commission (“Planning Commission”), at its regular meeting of November 8, 2023, did not vote to implement the 5- foot of red curb / no-parking zone at the walkways; and WHEREAS, the City Council has considered the information provided by City staff and any information provided by the public at or before the December 5, 2023 City Council meeting, and City Council now wishes to implement the parking prohibitions, which are warranted and are in the public’s best interest.

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

Section 1. That the above recitals are true and correct.

Section 3. That the Master Traffic Resolution No. 1846, Section 23, entitled “No Parking Areas”, is hereby amended by adding the following subsections:

23.b-2c Breve, Via, east side, 5 feet along the walkway at 101 Via Breve.

23.c-22h Capistrano, Camino, south side, 5 feet along the walkway at 2913 Camino Capistrano.
16 Resolution No. 23-155 Page 2

23.c-22i Capistrano, Camino, south side, 5 feet along the walkway at 2911 Camino Capistrano.

23.c-22j Capistrano, Camino, south side, 5 feet along the walkway at 2905 Camino Capistrano.

23.c-22k Capistrano, Camino, south side, 5 feet along the walkway between 2901 and 2903 Camino Capistrano.

23.m-71 Monte Vista, west side, 5 feet along the walkway between 100 and 112 Monte Vista.

23.m-72 Monte Vista, west side, 5 feet along the walkway between 202 and 212 Monte Vista.

23.m-73 Monte Vista, east side, 5 feet along the walkway between 155 and 159 Monte Vista.

23.m-74 Monte Vista, east side, 5 feet along the walkway between 143 and 153 Monte Vista.

23.m-75 Monte Vista, east side, 5 feet along the walkway between 203 and 239 Monte Vista.

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

PASSED AND ADOPTED this _____ day of December, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
17 Resolution No. 23-155 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-155 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of December 2023, 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 December, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
18 910 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: December 5, 2023 Agenda Item: 7EE
Department: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e

CONSIDERATION OF A RESOLUTION AUTHORIZING THE REPLACEMENT OF SUBSTRATE SURFACING AT SAN GORGONIO PARK PLAYGROUND, APPROPRIATING $130,000 FOR THE PROJECT, ACCEPTING A $20,000 DONATION FROM THE FRIENDS OF THE SAN

CLEMENTE BEACHES, PARKS & RECREATION FOUNDATION AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 2 ..body
Fiscal Impact:

Removing the existing surfacing (engineered wood fiber) and replacing the surfacing at the San Gorgonio Park playground with a pour-in-place rubberized surfacing is estimated to cost $150,000. To support this project, the Friends of San Clemente Beaches, Parks and Recreation Foundation (“Friends Foundation”) has committed to donate $20,000 towards the cost of new surfacing. The engineered wood fiber product will be repurposed for another use in the community and will not go to waste.

Summary:

The newly remodeled playground at San Gorgonio Park was recently replaced and includes an engineered wood fiber (“EWF”) surface. The City received complaints regarding this surface. On October 3, 2023, the Council requested to agendize reconsidering the substrate surfacing installed at San Gorgonio Park playground. Replacing the surface with a poured-in-place rubber surface will increase the overall maintenance cost in the long-term, but can subjectively improve the overall park user experience.

Background:
1 Meeting Date: December 5, 2023 Agenda Item: 7EE

CITY OF SAN CLEMENTE
In 2015, the City Council reviewed the playground replacement schedule and directed staff to consider the following when replacing playgrounds throughout the City’s park system: (a) use engineered wood fiber for the playground surface in future playground replacement projects to reduce long term maintenance costs; (b) consider inclusion of shade structures for Ages 2-5 playgrounds in the more inland park areas; and (c) incorporate challenging play equipment during playground equipment replacement projects.

In the FY 2021-22 Annual Budget, the San Gorgonio Park playground was approved for replacement through the regular replacement schedule. As part of the replacement process and design, staff considered the aforementioned Council direction. Additionally, public input was received through a community survey. The design options were reviewed by the Beaches, Parks & Recreation Commission, with the Commission providing a final design recommendation to the Council.

At its October 4, 2022, meeting, the Council approved the design and awarded a construction contract. Design approval included EWF surfacing.

The newly remodeled playground opened to the public on September 27, 2023.

At its October 3, 2023 meeting, the City Council agendized a discussion about removing the EWF surfacing and considering replacing the surfacing at the San Gorgonio Park playground with another material.

Playground Surfacing Options
There are limited options available for playground surfacing that are considered to meet the compliance standards for California set by the U.S. Consumer Product Safety Commission (“CPSC”), ASTM International (“ASTM”), and the American Disability Act (“ADA”). Options include EWF, poured-in-place rubber surfacing (“PIP rubber”), rubber mulch, or synthetic turf. Sand does not meet ADA requirements.

There are benefits and limitations to each option, but generally, PIP rubber and synthetic turf allow for a smooth surface that supports mobility aids effectively and easier transitions throughout the playground area. An example of PIP rubber is Courtney’s Sandcastle Playground; the City of San Clemente does not have any playgrounds with synthetic turf substrate surfacing. These two options, however, can be cost-prohibitive in outlay and have a shortened lifespan, generally requiring regular maintenance/patching every five to seven years with a full replacement at 10 years.

PIP rubber can be customized with various designs and the cost may vary depending on the colors selected (i.e., standard versus premium coloring). Upon Council approval of surface replacement, staff will issue an RFP and return to Council with an award of the contract.

The Friends Foundation has committed to contributing $20,000 towards the cost of the playground substrate replacement and has requested that its logo be included in the surfacing or recognition be located near the playground area.

Council Options:
2 Meeting Date: December 5, 2023 Agenda Item: 7EE

CITY OF SAN CLEMENTE
 Approve Resolution No. 23-160, which will authorize a supplemental appropriation of $130,000 from the Reserve Capital Fund Balance to replace the surfacing at San Gorgonio Park playground with a PIP rubber surface material, appropriate and accept donated funds and find the project categorically exempt from the California Environmental Quality Act under 14 CCR Section 15302 (Class 2: Replacement or Reconstruction) of the State CEQA Guidelines.
 Amend and adopt the Resolution.
 Provide alternate direction to staff.
 Take no action.

Environmental Review/Analysis
Replacing the playground substrate surface at the San Gorgonio Park playground from EWF to PIP rubber is categorically exempt from the California Environmental Quality Act under 14 CCR Section 15302 (Class 2: Replacement or Reconstruction) of the State CEQA Guidelines because it consists of the replacement/reconstruction of an existing facility where the replacement will be located on the same site as the material to be replaced and will have substantially the same purpose and capacity.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council adopt Resolution No. 23-160 which will:

1. Find the project categorically exempt from the California Environmental Quality Act under 14 CCR Section 15302 (Class 2: Replacement or Reconstruction) of the State CEQA Guidelines; and

2. Authorize the replacement of the engineered wood fiber substrate surface at the San Gorgonio Park playground with a poured-in-place rubber surface; and

3. Approve a supplemental appropriation of $130,000 from the Reserve Capital Fund Balance to Park Asset Replacement Account 014-820-45300-000-11148; and

4. Accept a donation of $20,000 from the Friends of San Clemente Beaches, Parks & Recreation Foundation to be allocated to the substrate replacement project (014-000-36780). ..end
Attachment:

1. Resolution No. 23-160
Notification:

None.
3 ATTACHMENT 1
RESOLUTION NO. 23-160

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING

REPLACEMENT OF THE SUBSTRATE SURFACING AT SAN

GORGONIO PARK PLAYGROUND WITH A CONTINUOUS
RUBBERIZED MATERIAL, APPROPRIATING $130,000 FOR
THE PROJECT, ACCEPTING A $20,000 DONATION FROM

THE FRIENDS OF THE SAN CLEMENTE BEACHES, PARKS
& RECREATION FOUNDATION AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER 14
CCR SECTION 15302 (CLASS 2: REPLACEMENT OR

RECONSTRUCTION) OF THE STATE CEQA GUIDELINES
WHEREAS, the San Gorgonio Park playground was replaced under the regular playground replacement schedule approved by the City Council in 2015, which included engineered wood fiber surfacing; and
WHEREAS, the City recevied complaints regarding the playground surfacing at San Gorgonio Park from playground users; and
WHEREAS, the City Council desires, and it is in the best interest of the public, to provide a playground surfacing at the San Gorgonio Park playground that is not engineered wood fiber; and
WHEREAS, there are limited options available for playground surfacing that are considered to meet the compliance standards for California set by the U.S. Consumer Product Safety Commission (“CPSC”), ASTM International (“ASTM”), and the American Disability Act (“ADA”). Options include EWF, poured-in-place rubber surfacing (“PIP rubber”), rubber mulch, or synthetic turf; and
WHEREAS, to aid in the cost of this park amenity replacement, the Friends of the San Clemente Beaches, Parks & Recreation Foundation has committed a donation of $20,000 towards the surface replacement and has requested that its logo be included in the surfacing or recognition be located near the playground area.

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

Section 1. That the City Council finds that the above recitations are true and correct.

Section 2. That based on substantial evidence in the record as a whole, the project is hereby determined to be categorically exempt from the California Environmental Quality Act under 14 CCR Section 15302, Class 2: Replacement or Reconstruction, of the State CEQA Guidelines because it consists of the replacement/reconstruction of an existing facility where the replacement will be located on the same site as the material to be replaced and will have substantially the same purpose and capacity, and the project will not have a 4 Resolution No. 23-160 Page 2
substantial direct or foreseeably indirect effect on the environment.

Section 3. That the Council authorizes the replacement of the engineered wood fiber substrate surface at the San Gorgonio Park playground with a poured-in-place rubber surface with an estimated cost of up to $150,000 for removal and replacement. The Council further approves a supplemental appropriation of $130,000 from the Unassigned Fund Balance to the Park Asset Replacement Account for this project.

Section 4. That the Council accepts the $20,000 donation from the Friends of the San Clemente Beaches, Parks & Recreation Foundation to aid in the cost of this park amenity replacement and authorizes an appropriation of these funds into the Park Asset Replacement Account. Furthermore, City staff is authorized and directed to coordinate with the Foundation on the placement of the Foundation’s logo on or near the playground area in acknowledgment of this donation.

Section 5. That the City Manager, or his designee, is authorized to take such other and further actions as are necessary and proper to accomplish the intent of this resolution.

Section 6. 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 ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
5 Resolution No. 23-160 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-160 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:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: December 5, 2023 Agenda Item: 7FF
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
-
Subject:
..titl e
CONSIDERATION OF LETTER ON CITY COUNCIL LETTERHEAD THANKING FISHERMAN’S

RESTAURANT FOR THEIR GENEROUS DONATION OF THANKSGIVING MEALS TO THE CITY’S ADOPTED MARINE UNIT, 2ND BATTALION 4TH MARINES (2/4) ..body
Fiscal Impact:

None.

Summary:

The Fisherman’s Restaurant generously donated hundreds of Thanksgiving meals to the City’s adopted Marine Unit, 2nd Battalion 4th Marines. As a way of recognizing the impact that Fisherman’s Restaurant had on those serving our Country in the Marines, it is recommended that the City Council sign a letter of thanks, provided as Attachment 1 of the administrative report dated December 5, 2023, to the Fisherman’s Restaurant using City Letterhead.

Council Options:
 All Councilmembers sign the letter provided as Attachment 1 of the Administrative Report.  All Councilmembers sign a revised letter.
 Take no action.
 Direct Staff to return with additional information.

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

Recommended Actions:

Staff Recommendation ..recommendation
Approve and authorize use of the City Council letterhead to allow all five Councilmembers to execute the letter to Fisherman’s Restaurant as proposed. ..end
Attachment:

Letter to Fisherman’s Restaurant.
1 Meeting Date: December 5, 2023 Agenda Item: 7FF

CITY OF SAN CLEMENTE
Notification:

None.
2 3

OFFICE OF THE MAYOR

AND CITY COUNCIL
Chris Duncan
Mayor
Steve Knoblock
Mayor Pro Tem
Victor Ca bral
Mark Enmeier
Ri ck Loeffler

CITY MANAGER
Andy Hal l
910 Ca lle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
"Th~ Spanish Village
by the Sea"
an
Clemente
CELEBRATING 90 YEARS OF INCORPORATION
December 5, 2023
Fisherman's Restaurant
611 Avenida Victoria
San Clemente, CA 92672
Dear Fisherman's Restaurant,
Attachment 1
Please accept the City of San Clemente's sincere thanks for the generous donation of hundreds of Thanksgiving meals to the City's adopted Marine Corps Unit, 2nd Battalion 4th Marines (2/4). Knowing that service members of the 2/4 who remained in the area were provided with a meal on Thanksgiving is incredibly heartening.

Your support for the 2/4 and our Marine Corps neighbors is commendable and appreciated greatly.

With gratitude,
Chris Duncan, Mayor Steve Knoblock, Mayor Pro Tern
Mark Enmeier, Councilmember Victor Cabral, Councilmember Rick Loeffler, Councilmember
City Hall • 910 Calle Negocio, San Clemente CA 92673 • (949) 361-8200 • www.san-clemente.org 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: December 5, 2023 Agenda Item: 7GG
Department: City Manager
Prepared By Andy Hall, City Manager
Subject:
..titl e

CITY COUNCIL DIRECTION TO ADDRESS THE IMPACT OF SOBER LIVING FACILITIES ON RESIDENTIAL NEIGHBORHOODS IN THE CITY OF SAN CLEMENTE ..body Fiscal Impact:

There is no direct fiscal impact from this action, but future fiscal impacts could be the nominal cost of conducting additional inspections.

Summary:

The loss of local control over the placement and operation of sober living homes has prompted the City Council to explore all possible options for preserving the character and stability of residential neighborhoods in the City. The City Council will provide direction to staff to take both proactive and on-going actions to address the potential impacts of sober living facilities in San Clemente. Concurrently, the City Council will send correspondence to the Governor’s Office seeking amendments to current state mandated laws and regulations associated with sober living facilities.

Background:

Through an extensive public process that includes public hearings at both the Planning Commission and City Council level, the City of San Clemente has established land use regulations including a General Plan, Zoning Ordinance and other development regulations.

These documents reflect the collaborative goals for land use and community character in the City of San Clemente. In an increasing manner, the State of California is imposing land use regulations that not only remove local decision making by local elected officials, but are in direct conflict with the adopted Mission Statement and land use regulations of the City.

Sober living facilities are perhaps the most invasive result of the loss of local control. By right, or in other words, without any City approval or regulation, companies operating sober living facilities can locate within existing residential neighborhoods. In some cases, these facilities have very little impact and are properly managed. However, in many cases, sober living facilities house patients that are recovering from addiction and a variety of other conditions that increase the likelihood of activities not suitable for surrounding residents, especially the more vulnerable people in our community, including youth and elderly residents and the patients themselves.

Although the options for local control are limited, staff is suggesting that the City Council provide direction to staff to take the following actions related to sober living facilities in the City of San Clemente:
1 Meeting Date: December 5, 2023 Agenda Item: 7GG

CITY OF SAN CLEMENTE
 Staff will conduct the necessary research to identify every licensed sober living facility in the City of San Clemente. A list will be created that indicates the location, owner, license number and conditions of every facility in the City.
 Staff will conduct regular inspections of every licensed sober living facility in the City to ensure the facility is operating consistent with the provisions of the license.  Staff will aggressively enforce all provisions of each sober living facility license, applicable code compliance violations, and any other applicable regulation of the San Clemente Municipal Code.
 The City Manager will assign a member of staff to obtain as much knowledge and expertise in regulations of sober living facilities as possible. It is anticipated that the employee will be the contact person for residents and will be expected to be highly responsive to concerns or complaints submitted by residents.

These actions will help protect the whole community, including the patients in the sober living homes and nearby residents.

In addition to implementing as many protections as possible within the jurisdiction of the City of San Clemente, correspondence with the Governor of California has been requested expressing the challenges of addressing the concerns of sober living facilities with little local control. The correspondence, attached hereto, will be sent to the office of Governor Newsom.

Council Options:
 Direct the City Manager to implement the provisions identified in the staff report and send the attached correspondence to the office of Governor Newsom.  Modify the content of one or more staff recommendations, or the attached correspondence, and direct the City Manager to implement the provisions identified in the staff report and send the attached correspondence to the office of Governor Newsom.  Provide additional direction to the City Manager to take an alternate action.  Reject the proposed provisions identified in the staff report.

Environmental Review/Analysis
This is not a “project” as defined by the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
City Council direction to the City Manager to implement the provisions identified in the staff report and send the attached correspondence to the office of Governor Newsom. ..end
Attachment:

Correspondence to Governor Newsom
2 City Hall ● 910 Calle Negocio, San Clemente CA 92673 ● (949) 361-8200 ● www.san-clemente.org

OFFICE OF THE MAYOR

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

CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
“The Spanish Village
by the Sea”
December 5, 2023
Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, CA 95814
Governor Newsom,
As fellow elected officials, we identify with your commitment to improving the lives of the residents of California. As you were elected by the residents of the state, we were elected by the residents of our community to listen, learn and implement policies that will make San Clemente the best possible community as a mission driven organization. The stated and adopted Mission Statement of the City of San Clemente is to:
 Maintain a safe, healthy atmosphere in which to live, work and play  Guide development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities  Provide for the City’s long-term stability through promotion of economic vitality and diversity
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

In an ever-increasing manner, laws and regulations imposed at a state level, and specifically state facilitation of sober living facilities, are in direct conflict with the very mission of our community. The ‘one size fits all’ approach to many state regulations fails to consider the differences and diversity of more than 480 municipalities that make our state so appealing. If every city is identical and uses the exact same model for every challenge, our cities will lose their sense of place and identity. Local land use decisions are enabled through local police powers not possessed by the state. Through a transparent public process with hearings and findings, cities adopt zoning districts, plan for infrastructure, and provide public safety and community services to their residents. When state mandates, with no public input, arbitrarily disrupt the adopted plans and programs of cities, the lives of real people are impacted and residents lose faith in our democratic process. Lot splits, accessory dwelling units, and sober living homes all approved by right without any local regulation may be well-intentioned, but by almost any fair measurement have not addressed the housing needs in the state, nor reduced drug and alcohol addiction or homelessness. Perhaps allowing cities to address these issues in a manner that can be supported by local residents will have better results than implementing the exact same strategy in cities so structurally diverse as San Francisco, San Diego and San Clemente.

CELEBRATING 90 YEARS OF INCORPORATION
3 an
-Clemente

Page 2 ends

_______________________________
Kathleen Ward
Mayor, City of San Clemente
To speak directly of sober living homes, these facilities are far more business oriented than community minded. Strong, close-knit communities are the result of residents who have invested their resources and time into creating a neighborhood atmosphere. Sober living homes are intentionally short-term, transient residents with little or no personal investment in the betterment of neighborhoods.

To remedy this situation, the City of San Clemente is seeking the following amendments to the current state regulations:

1. Through appropriate zoning regulations, each community should be able to identify appropriate locations, density, separation, parking, and other land use regulations for sober living homes.

2. Strict penalties must be in place for safety violations, neighborhood disturbances, and other nuisance situations that include the loss of a license to operate a sober living home.

3. Comprehensive background checks to avoid fraud, patient brokering, exceedance of allowable clients, and other violations must be included in the licensure of sober living homes. State and/or local inspections should occur on a monthly basis to ensure all regulations are satisfied.

4. The ‘by right’ approval of sober living homes should be placed suspended until federal legislation (Studying Outcomes and Benchmarks for Effective Recovery (SOBER) – Rep. Levin) has been considered by the United States Congress.

5. Without granting local control, the state has assumed complete control of sober living homes and allows the approval to be by right. Should local control not be restored, the state needs to assume all liability for property damage, theft, loss of value, and other impacts attributable to sober livings homes in local communities.

Finally, while the City of San Clemente is supportive of efforts to provide necessary assistance to persons with mental and physical challenges, the current language in AB 531 intended to allow residents to vote for bond proceeds of almost $4.7 billion should be rejected by your office. More than half of the money ($2.89 billion) is intended to fund “behavioral health treatment in a residential setting” which is only a creative way to say behavioral treatment in sober living homes in existing neighborhoods by right with no local input, regulations or control.

As the elected leader of California, we call on you to end the practice of destroying community character by implementing policies that jeopardize neighborhood safety. In particular, the restoration of local control of zoning and land use enabled by local police powers should be promoted by your office.

Respectfully,
Chris Duncan, Mayor Steve Knoblock, Mayor Pro Tem
Victor Cabral, Councilmember Mark Enmeier, Councilmember Rick Loeffler, Councilmember
4 910 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: December 5, 2023 Agenda Item: 8A
Department: City Clerk
Prepared By Laura Campagnolo, City Clerk
--
Subject:
..titl e
INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING SECTION 2.04.011 OF

THE SAN CLEMENTE MUNICIPAL CODE TO MAKE MODIFICATIONS TO THE ADOPTED DISTRICT MAP ..body
Fiscal Impact:

None.

Summary:

Following a series of public hearings required by the California Voting Rights Act to transition to by-district elections, on November 7, 2023, the City Council adopted Ordinance No. 1762, which completed the process in transitioning from at-large to by-district elections for City Council and added Sections 2.04.010 through 2.04.012 to the San Clemente Municipal Code. Council also directed staff to return with an ordinance amending the adopted map to include neighborhoods north of Trafalgar Canyon as part of the Pier Bowl in District 3, instead of District 4, and to include another consideration of Map 111.

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. 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 by-district elections.

Following the timeline set forth in Resolution No. 23-85 and Election Code 10010, the City Council held two more public hearings and introduced an ordinance transitioning from at-large to by-district elections on October 17, 2023. On November 7, 2023, Council held its sixth public hearing and adopted Ordinance No. 1762 to transition to by-district elections. The adopted map (109) includes Trafalgar Canyon in District 4, while the rest of the Pier Bowl is in District 3.

During public testimony at November 7, 2023 public hearing, a concern was raised that the district map that was adopted (Map 109) did not accurately reflect the Pier Bowl specific plan.

Following discussion, Council directed Staff to return with a proposed amendment to the map, which included certain neighborhoods in the Pier Bowl with Trafalgar Canyon as the cut off. The draft revised map (Map 120) is included as Attachment 1. Map 120 was posted on the City 1 Meeting Date: December 5, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
website on November 16, 2023. Additionally, Council directed that Staff return with Map 111 for additional consideration.

If Council determines that steps should be taken to modify the district election map, Ordinance No. 1769 (provided as attachment 3) or Ordinance No. 1770 (provided as attachment 4), should be introduced and a first reading conducted.

Legal Requirements:

In considering any proposed district map, the City Council should evaluate whether it meets legal requirements, specifically:

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

Council Options:
 Introduce Ordinance No. 1769, which would modify the district election map adopted in Ordinance No. 1762 to include Trafalgar Canyon in the Pier Bowl in District 3. 2 Meeting Date: December 5, 2023 Agenda Item: 8A

CITY OF SAN CLEMENTE
 Introduce Ordinance No. 1770, which would adopt an alternative map (like Map 111) as the final district map effective with the November 2024 election.  Direct Staff to return to Council with additional information.  Take no action.

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

Recommended Actions:

Staff Recommendation ..recommendation

1. Open the Public Hearing, hear public testimony, and close the Public Hearing.

2. If Council chooses to adopt Map 120, introduce and conduct the first reading of Ordinance No. 1769 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL CODE TO REVISE THE DISTRICT ELECTION MAP.

3. If Council chooses to adopt an alternative map that has already been published, identify the alternative map by number and introduce and conduct the first reading of Ordinance No. 1770 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL CODE TO REVISE THE DISTRICT ELECTION MAP with the appropriate map number inserted.
..end
Attachment:

1. Map 120

2. Map 111

3. Ordinance No. 1769

4. Ordinance No. 1770
Notification:
1/8 Page Ad in the San Clemente Times
3 3

3.5%
4 -4.69%
1 -3.01%
2 4.2%
5 5
Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave Pico
E Ave Magdalena
Portico Del Norte
Cll Frontera
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Cll Del Cerro
Cam La Pedriza
Districting 2023
City of San Clemente
Map 120
©2021 CALIPER National Demographics Corporation, November 15, 2023 Attachment 1
4 Map 120
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. 0%
% NH Black 0%
Total 8,444
% Latino est. 6%
% Spanish-Surnamed 2%
% 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.

4.20%
16%
71%
2%
8%
11,193
13%
74%
5%
7%
10,416
8%
8%
3%
1%
85%
2%
9,370
8%
8%
4%
1%
2%
2%
6,882
7%
3%
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 16,660
564

3.50%
28%
64%
1%
4%
12,463
15%
76%
2%
6%
10,164
13%
12%
2%
1%
84%
1%
8,852
12%
12%
2%
1%
1%
1%
5,998
10%
1%
1%
0%
87%
1%
16,488
19%
55%
26%
14%
50%
76%
16%
3%
5%
7%
47%
25%
19%
22%
68%
11%
14%
15%
44%
16%
49%
51%
57%
43%
4 15,341
-755
-4.69%
15%
76%
1%
4%
12,272
11%
79%
2%
5%
11,592
8%
8%
2%
1%
89%
0%
10,391
8%
8%
2%
0%
0%
0%
7,835
6%
2%
2%
0%
91%
0%
15,344
20%
49%
31%
9%
80%
88%
8%
2%
2%
4%
47%
29%
19%
24%
62%
11%
10%
8%
42%
29%
72%
28%
36%
64%
Total
64,384
1,432

8.89%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
3%
1%
1%
1%
29,159
7%
2%
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%

Page 1 of 1 ends

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
11/15/2023 14:02 5
I
I
I
I
Maptitude For Redisbtctlr'II:
3 1
4 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
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
Attachment 2
6 ] Map 111
\ 'i
- J
\.\\ •
v y
~\ \
I
I
Map 111
District 1
Total Pop 16,038
Deviation from ideal -58
% Deviation -0.36%
% Hisp 17.1%
% NH White 72%
% NH Black 1%
% Asian-American 6%
Total 12,116
% Hisp 12%
% NH White 81%
% NH Black 1%
% Asian/Pac.Isl. 5%
Total 11,632
% Latino est. 8%
% Spanish-Surnamed 8%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 88%
% NH Black 1%
Total 10,568
% Latino est. 8%
% Spanish-Surnamed 7%
% Asian-Surnamed 2%
% Filipino-Surnamed 2%
% NH White est. 88%
% NH Black 1%
Total 8,303
% Latino est. 10%
% Spanish-Surnamed 6%
% Asian-Surnamed 2%
% Filipino-Surnamed 0%
% NH White est. 90%
% NH Black est. 1%
ACS Pop. Est. Total 16,088
age0-19 23%
age20-60 47%
age60plus 31%
immigrants 13%
naturalized 72%
english 85%
spanish 9%
asian-lang 2%
other lang 4%
Language Fluency Speaks Eng. "Less than Very Well" 3%
hs-grad 44%
bachelor 28%
graduatedegree 24%
Child in Household child-under18 30%
Pct of Pop. Age 16+ employed 61%
income 0-25k 11%
income 25-50k 9%
income 50-75k 8%
income 75-200k 44%
income 200k-plus 28%
single family 88%
multi-family 12%
rented 23%
owned 77%
Total population data from 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 15,612
-484
-3.01%
14%
73%
1%
8%
10,672
12%
70%
5%
12%
9,835
8%
7%
4%
1%
86%
2%
8,919
7%
7%
3%
3%
86%
2%
6,422
9%
6%
3%
1%
88%
2%
16,917
37%
48%
16%
10%
80%
83%
5%
2%
11%
4%
34%
37%
26%
55%
67%
3%
6%
4%
43%
44%
90%
10%
18%
82%
3 16,155
59 0.36%
26%
66%
1%
4%
12,273
12%
81%
1%
5%
10,479
12%
11%
1%
1%
86%
0%
9,123
11%
10%
2%
2%
87%
0%
6,222
17%
9%
1%
0%
89%
0%
15,905
18%
57%
24%
12%
46%
81%
13%
2%
4%
7%
46%
29%
17%
22%
71%
9%
14%
13%
43%
22%
47%
53%
58%
42%
4 16,579
483

3.00%
16%
74%
1%
5%
12,625
13%
78%
2%
5%
12,084
8%
8%
2%
1%
88%
0%
10,839
8%
7%
2%
2%
89%
0%
8,212
10%
6%
2%
0%
91%
0%
15,514
19%
48%
33%
11%
81%
87%
8%
2%
3%
4%
50%
27%
18%
23%
61%
13%
11%
10%
41%
25%
71%
29%
33%
67%
Total
64,384
967

6.01%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
2%
2%
88%
1%
29,159
11%
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%
09/21/2023 12:27 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
7 I
I
I
I
I
Maptitude For R~tctJn,,:

ORDINANCE NO. 1769

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.011 OF

THE SAN CLEMENTE MUNICIPAL CODE TO REVISE THE

DISTRICT ELECTION MAP
WHEREAS, the City of San Clemente adopted Ordinance No. 1762 on November 7, 2023 formally transitioning from an at-large election system to by-district elections with four districts and an elected Mayor and selecting Map 109 as the adopted district map; 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, adopted Map 109 includes certain neighborhoods north of Trafalgar Canyon as part of the Pier Bow in District 3, which are more appropriately included in District 4 as reflected on Map 120;
WHEREAS, at its regular meeting of December 5, 2023, the City Council held a duly noticed public hearing and received and considered public testimony and all other information presented before or during the public hearing regarding Map 120; and WHEREAS, Map 120 meets all the requirements of state and federal law and was posted on November 16, 2023 on the City’s website for public consideration at least seven (7) days before the introduction of this Ordinance; and
WHEREAS, it is the considered the view of the City Council that Map 120, attached hereto as Exhibit A and incorporated into this Ordinance by reference, will serve the best interests of the City of San Clemente.

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

Section 1: INCORPORATION OF RECITALS.

The above recitals are true and correct and incorporated into this Ordinance as findings.

Section 2: AMENDMENT TO SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL CODE.

Exhibit A (Map 109) to Section 2.04.011 of the San Clemente Municipal Code is hereby stricken in its entirety and replaced by Map 120, which is attached to this Ordinance as Exhibit A and incorporated fully herein by this reference. 8 Section 3: 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 4: 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 5: 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 6: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.

Section 7: 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.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
9 _______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
10 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
11 ORDINANCE NO. 1770

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING SECTION 2.04.011 OF

THE SAN CLEMENTE MUNICIPAL CODE TO REVISE THE

DISTRICT ELECTION MAP
WHEREAS, the City of San Clemente adopted Ordinance No. 1762 on November 7, 2023 formally transitioning from an at-large election system to by-district elections with four districts and an elected Mayor and selecting Map 109 as the adopted district map; 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, at its regular meeting of December 5, 2023, the City Council held a duly noticed public hearing and received and considered public testimony and all other information presented before or during the public hearing regarding Map 109 and alternate maps; and WHEREAS, Map ___ meets all the requirements of state and federal law and was posted on November 16, 2023 on the City’s website for public consideration at least seven (7) days before the introduction of this Ordinance; and
WHEREAS, it is the considered the view of the City Council that Map ___, attached hereto as Exhibit A and incorporated into this Ordinance by reference, will serve the best interests of the City of San Clemente.

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

Section 1: INCORPORATION OF RECITALS.

The above recitals are true and correct and incorporated into this Ordinance as findings.

Section 2: AMENDMENT TO SECTION 2.04.011 OF THE SAN CLEMENTE MUNICIPAL CODE.

Exhibit A (Map 109) to Section 2.04.011 of the San Clemente Municipal Code is hereby stricken in its entirety and replaced by Map ___, which is attached to this Ordinance as Exhibit A and incorporated fully herein by this reference. 12 -
-
-
Section 3: 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: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes.

APPROVED AND ADOPTED this _____day of _________________, ________.

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.

AYES:

NOES:

ABSENT:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: December 5, 2023 Agenda Item: 8B
Department: Finance & Administrative Services
Prepared By Jake Rahn, Financial Services Officer
Subject:

PUBLIC HEARING - ANNUAL REPORT CONCERNING THE MITIGATION FEE ACT FOR FISCAL YEAR 2022-23 FOR THE CITY OF SAN CLEMENTE
Fiscal Impact:

None.

Summary/Background:

The Government Code Sections 66001 and 66006 require local agencies that require the payment of development fees to submit annual notices detailing the status of those fees. For the City of San Clemente those fees include:
a. Regional Circulation Financing and Phasing Program (RCFPP) b. Public Safety Construction Fee
c. Civic Center Construction Fund Fee
d. Storm Drain Fee – Other (City Infill Development Areas) e. Storm Drain Fee – Segunda Deschecha
f. Storm Drain Fee – Prima Deschecha Canada
g. Storm Drain Fee – Marblehead
h. Water Acreage Fee
i. Sewer Connection Fee
Attached to this report please find the Annual Report Mitigation Fee Act for the City of San Clemente for Fiscal Year 2022-23 and relevant exhibits. The Annual Report has been made available to the public at least fifteen (15) days prior to the City Council meeting. The City Council is asked to approve, receive and file these reports.

Council Options:
 Adopt Resolution No. 23-156, which approves, receives and files the Annual Report Mitigation Fee Act for Fiscal Year 2022-23.
 Modify and adopt Resolution No. 23-156.
 Continue the Item and direct staff to provide additional information.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act. 1 Meeting Date: December 5, 2023 Agenda Item: 8B

CITY OF SAN CLEMENTE
Recommended Actions:

Staff Recommendation
Staff recommends that the City Council Adopt Resolution No. 23-156 which approves, receives and files the Annual Report Mitigation Fee Act for Fiscal Year 2022-23. ..recommendatio
..end
Attachment:

1. Resolution No. 23-156

2. Annual Report – Mitigation Fee Act
City of San Clemente Fiscal Year 2022-23. Report and exhibits are available to the public at:
https://www.san-clemente.org/departments-services/finance-administrativeservices/mitigation-fees Notification:

Building Industry Association and in accordance with Government Code section 66006(b)(2). 2 ATTACHMENT 1
RESOLUTION NO. 23-156

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING, RECEIVING
AND FILING THE CITY OF SAN CLEMENTE’S ANNUAL

REPORT CONCERNING THE MITIGATION FEE ACT FOR
THE FISCAL YEAR ENDED JUNE 30, 2023
WHEREAS, the State Law under Government Code Section 66001 and 66006 require local agencies that require the payment of development fees to submit annual notices detailing the status of those fees; and
WHEREAS, an annual report concerning the Mitigation Fee Act for the fiscal year ended June 30, 2023 has been prepared and posted in accordance with State law and is attached to this resolution as Exhibit A; and
WHEREAS, the annual report has been made available to the public at least fifteen (15) days prior to the City Council meeting; and
WHEREAS, on December 5, 2023, in accordance with State law, the City Council held a duly noticed public hearing on the City of San Clemente’s annual report concerning the Mitigation Fee Act for the fiscal year ended June 30, 2023; and WHEREAS, the annual report has been filed with the governing body.

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

Section 1. That the above recitals are true and correct and incorporated herein as findings.

Section 2. That the report attached to this resolution as Exhibit A is hereby approved, received and filed.

Section 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, 2023.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
3 Resolution No. 23-156 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-156 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
Elizabeth A. Mitchell, City Attorney
4 Annual Report
Mitigation Fee Act
Pursuant to Government Code 66006
City of San Clemente
Fiscal Year 2022-23
Government Code Section 66006 provides that a local agency that requires the payment of development fees shall prepare an annual and five-year report detailing the status of those fees. The annual report must be made available to the public within 180 days of the end of the fiscal year. The City Council must review the report at the next regularly scheduled public meeting of the Council that falls at least fifteen (15) days after the information is made available to the public. Government Code Section 66013 has similar requirements for capacity charges.

Pursuant to Government Code Section 66006(b)(1) or section 66013(d), as applicable, the following information must be made available to the public:

1. Provide a brief description of the type of fee in the account or fund. a. Regional Circulation Financing and Phasing Program (RCFPP): The fees are used to mitigate the traffic impacts caused by new development in the Benefit Zones. The fees will cause development in the Benefit Zones to pay their fair share of the construction costs of improvements within the Benefit Zones.
b. Public Safety Construction Fee: The fees are used to mitigate the impact of new development on public safety services.
c. Civic Center Construction Fund Fee: The fees are used to mitigate the impact of new development on the need for additional municipal office space. d. Storm Drain Fee – Other Area (City Infill Development Areas): The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the City Infill Development Areas.
e. Storm Drain Fee – Segunda Deschecha: The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the Segunda Deschecha area. f. Storm Drain Fee – Prima Deschecha Canada: The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the Prima Deschecha Canada area.
g. Storm Drain Fee – Marblehead: The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the Marblehead area.

ATTACHMENT 2
5 h. Water Acreage Fee: The fees are used to mitigate the impact of new development on the City’s water system facilities.
i. Sewer Connection Fee: The fees are used to mitigate the impact of new development on the City’s water reclamation plant and collection system.

2. List the amount of the fee
a. Regional Circulation Financing and Phasing Program (RCFPP): Attached as Exhibit #1 b. Public Safety Construction Fee: Attached as Exhibit #2 c. Civic Center Construction Fund Fee: Attached as Exhibit #3 d. Storm Drain Fee – Other Area (City Infill Development Areas): Attached as Exhibit #4 e. Storm Drain Fee- Segunda Deschecha: Attached as Exhibit #4 f. Storm Drain Fee - Prima Deschecha Canada: Attached as Exhibit #4 g. Storm Drain Fee – Marblehead: Attached as Exhibit #4 h. Water Acreage Fee: Attached as Exhibit #5
i. Sewer Connection Fee: Attached as Exhibit #6

3. List the beginning and ending balance of the account or fund. a. Regional Circulation Financing and Phasing Program (RCFPP):

Beginning balance as of 7/1/22: $ 925,633
Ending balance as of 6/30/23: $ 1,236,854
b. Public Safety Construction Fee:

Beginning balance as of 7/1/22: $ 1,537,109
Ending balance as of 6/30/23: $ 1,125,644
c. Civic Center Construction Fund Fee:

Beginning balance as of 7/1/22: $ 643,514
Ending balance as of 6/30/23: $ 175,580
d. Storm Drain Fee – Other Area (City Infill Development Areas):

Beginning balance as of 7/1/22: $ 290,316
Ending balance as of 6/30/23: $ 285,045
e. Storm Drain Fee – Segunda Deschecha:

Beginning balance as of 7/1/22: $ 2,745,111
Ending balance as of 6/30/23: $ 2,123,176
6 f. Storm Drain Fee – Prima Deschecha Canada:

Beginning balance as of 7/1/22: $ 0
Ending balance as of 6/30/23: $ 0
g. Storm Drain Fee – Marblehead:

Beginning balance as of 7/1/22: $ 73,693
Ending balance as of 6/30/23: $ 67,489
h. Water Acreage Fee:

Beginning balance as of 7/1/22: $ 3,236,337
Ending balance as of 6/30/23: $ 3,070,731
i. Sewer Connection Fee:

Beginning balance as of 7/1/22: $ 7,068,650
Ending balance as of 6/30/23: $ 2,234,321

4. List the amount of the fees collected and the interest earned. a. Regional Circulation Financing and
Fees Collected Interest Earned
/Investment Income
Phasing Program (RCFPP): $ 362,865 $ 1,546
b. Public Safety Construction Fee: $ 49,540 $ 29,737
c. Civic Center Construction Fund Fee: $ 791 $ 12,449
d. Storm Drain Fee – Other Area (City
Infill Development Areas): $ 204 $ 4,281
e. Storm Drain Fee – Segunda Deschecha: $ 0 $ 40,472
f. Storm Drain Fee –
Prima Deschecha Canada: $ 0 $ 0
g. Storm Drain Fee – Marblehead: $ 0 $ 1,086
h. Water Acreage Fee: $ 32,318 $ 23,326
i. Sewer Connection Fee: $ 0 $ 104,892

5. Provide an identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees.

Attached as Exhibit #7

6. Provide an identification of an approximate date by which the construction of the public improvements will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete. For capacity charges, this section also details any public 7 improvements anticipated to be provided in the following year. a. Regional Circulation Financing and Phasing Program (RCFPP):

The City has determined that sufficient funds have been collected to complete the design for Avenida Pico Bike and Pedestrian Path, Vera Cruz to Frontera, Phase I (project no. 17337). Design is underway and planned for completion in late 2023. It is anticipated that the design will be presented to the City Council for approval in early 2024. The City has not determined that sufficient funds have been collected to complete the construction.

The City has determined that sufficient funds have been collected to complete the design for Pico Widening, I-5 to Frontera, project (project no.18325). Conceptual design is underway and planned for completion in late 2023, with construction anticipated in Spring 2025.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. b. Public Safety Construction Fee:

The City has determined sufficient funds have been collected to complete the second phase of the Calle Negocio remodel project to incorporate a Police Sub-Station on the 2nd Floor. Construction began in Fiscal Year 2021 and was completed in Fall 2022 (project no. 10546).

The City has determined sufficient funds have been collected to complete the City Hall Generator Installation project. The project is funded with Civic Center and Public Safety Construction Funds, improving power system reliability at City Hall and the Police Substation located on the 2nd floor. Conceptual design is ongoing with construction anticipated in Spring of 2024 (project no. 14812).

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. c. Civic Center Construction Fund Fee:

The City has determined sufficient funds have been collected to complete the second phase of the Calle Negocio remodel project to incorporate a Police Sub-Station on the 2 nd Floor. Construction began in Fiscal Year 2021 and completion is anticipated in Fiscal Year 2023 (project no. 10546).

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. d. Storm Drain Fee – Other Area (City Infill Development areas):

The City has determined that sufficient funds have been collected to complete the City Master Plan of Drainage – Other Areas project (Project no. 34001). The Master Plan development commenced in 2016, with a draft master plan completed by a consultant in FY2018-19. The plan is currently under review, and it is anticipated that the plan will be present to City Council for adoption in Fiscal Year 2024. 8 The City has determined that sufficient funds have been collected to complete the MOOS05 Montalvo Canyon Outlet project (Project no. 16004). The MOOS05 Montalvo Canyon Outlet project commenced in 2016 and the City continued working with the California Coastal Commission until the project was finally permitted in 2022.

Construction started in September 2023 and it is anticipated to be completed in January 2024.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. e. Storm Drain Fee – Segunda Deschecha:

The City has determined that sufficient funds have been collected to complete the City’s Master Plan of Drainage – Segunda Deschecha project (Project no. 34003). The Master Plan development commenced in 2016, with a draft master plan completed by a consultant in FY2018-19. The plan is currently under review, and it is anticipated that the plan will be presented to City Council for adoption sometime in Fiscal Year 2024.

The City has determined that sufficient funds have been collected to complete the Storm Drain Improvements at 1601 Calle Las Bolas project (project no. 10015). The project was completed in Spring 2023.

The City has determined that sufficient funds have been collected to start design of the Catch Basins and Storm Drain Improvements at Intersection of Avenida Presidio and Calle Miguel (Project No. 12003). Project is under design with anticipated construction in 2024.

The City has determined that sufficient funds have been collected to start the design of the Catch Basins and Storm Drain Improvements at Intersection of Avenida Pico and Calle Frontera. Design will start in FY 2024.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. f. Storm Drain Fee – Prima Deschecha Canada:

The City has determined that sufficient funds have been collected to complete the City’s Master Plan of Drainage – Prima Deschecha project (Project no. 34002). The Master Plan development commenced in 2016, with a draft master plan completed by a consultant in FY2018-19. The plan is currently under review, and it is anticipated that the plan will be presented to City Council for adoption sometime in Fiscal Year 2024.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. g. Storm Drain Fee – Marblehead:

The City has determined that sufficient funds have been collected to complete the City’s Master Plan of Drainage – Marblehead project (Project no. 34004). The Master Plan development commenced in 2016, with a draft master plan completed by a consultant in FY2018-19. The plan is currently under review, and it is anticipated that plan will be presented to the City Council for adoption sometime in Fiscal Year 2024.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. 9 h. Water Acreage Fee:

The City has determined that sufficient funds have been collected to complete the Reeves Pump Station project (Project no. 17405) in the Marblehead Coastal area. Final design of the Pump Station was completed in 2019, and construction is expected to begin in Spring 2024.

The City has not determined that sufficient funds have been collected to complete the Recycled Water Expansion – Phase II project (Project no. 17407). The project will analyze the potential to expand the existing recycled system. The project commenced in 2017 and design and partial construction are expected to be completed in calendar year Fiscal Year 2024.

The City has determined that sufficient funds have been collected to complete the Doheny Ocean Desalination study (Project no. 38401). The City is evaluating design, partnership and the cost of participation in the project. Design is anticipated to start in early 2024 by South Coast Water District. The City has not determined that sufficient funds have been collected to complete the desalinization project or its level of participation in the project.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. i. Sewer Connection Fee:

The City has determined that sufficient funds have been collected to complete the Sewer System SCADA Improvement project (Project no. 12605). Project design is complete, with construction delayed due to lack of funding based on the bids received.

Staff is evaluating other options to complete the project.

The City has determined that sufficient funds have been collected to complete the SMWD Trampas Recycled Water Reservoir project (Project no. 12207). Final Agreement for capacity purchase into the project was approved in September 2022.

The City has determined that sufficient funds have been collected to complete the SMWD Pico Recycled Water Pump Station project (Project no. 12206). Final Agreement for capacity purchase into the project was approved in September 2022.

The City has determined that sufficient funds have been collected to complete the Cyprus Shore Pump Station Relocation (Project no. 12210). Final approval from the California Coastal Commission is anticipated in fall 2023 with construction completed in summer 2024.

The City has not determined that sufficient funds have been collected to complete the Recycled Water Quality project (Project no. 13203). Design completion is anticipated in January 2024 with construction in summer 2024.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project.

7. Provide a description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

A $35,131.20 transfer from the City’s Regional Circulation Financing and Phasing Program was 10 made to the Gas Tax Fund to fund a portion of the Camino Del Rio and La Pata Extensions (project no. 18316). This transfer was conducted to help fund the remaining portion of the Water Quality Basin Treatment Devices and reporting to the Regional Water Quality Control Board.

A $475,000 transfer from the City’s Civic Center Program was made to the Disaster Relief Fund to fund a portion of the design and construction of a new Council Chambers (project #12563).

A $74,436 transfer from the City’s Storm Drain Utility Fund was made to the Local Drainage Facilities Fund to reimburse costs for a portion of the Montalvo Canyon Outlet (project #16004). The purpose of the project is to facilitate improvements needed for the Montalvo Canyon natural waterway.

8. Provide the amount of any refunds made from surplus fees and the amount of any allocations made pursuant to subdivision (f) of Section 66001. (Subdivision (f) of Section 66001 requires reallocation of surplus fees where the administrative costs of refunding the fees exceed the amount to be refunded.)
a. Regional Circulation Financing and Phasing Program (RCFPP):

None
b. Public Safety Construction Fee:

None
c. Civic Center Construction Fee:

None
d. Storm Drain Fee – Other Area (City Infill Development Areas):

None
e. Storm Drain Fee – Segunda Deschecha:

None
f. Storm Drain Fee – Prima Deschecha Canada:

None
g. Storm Drain Fee – Marblehead:

None
h. Water Acreage Fee:

None
i. Sewer Connection Fee
None
11 FISCAL YEAR 2023

CITY OF SAN CLEMENTE
RCFPP Impact Fee
Effective July 1, 2022
Exhibit #1
RCFPP (Regional Circulation Financing Phasing Program)
Zone I & II - Marblehead Inland and Coastal
Single Family $7,970/DU
Multi-Family $4,649/DU
Non-Residential $4.50/SF
Zone III - Rancho San Clemente
Single Family $1,340/DU
Multi-Family $782/DU
Non-Residential $1.50/SF
Zone IV - Forster Ranch
Single Family $1,105/DU
Multi-Family $645/DU
Non-Residential TBD
Zone V - Talega Valley City
Single Family $740/DU
Multi-Family $432/DU
Non-Residential $1.00/SF
Zone VI - Talega Valley County
Single Family $545/DU
Multi-Family $318/DU
Non-Residential $1.00/SF
Zone VII, VIII, IX, X
Single Family $900/DU
Multi-Family $525/DU
Non-Residential $1.50/SF
Note:

1. DU stands for Dwelling Unit.

2. SF stands for Square Foot.

3. TBD stands for To Be Determined.
12 FISCAL YEAR 2023

CITY OF SAN CLEMENTE
Public Safety Construction Fee
Effective January 1, 2023
Exhibit #2
Public Safety Construction Fee
Each Residential Unit $1,882.88
Commercial Unit $469.22/1000 sq. ft.

Fee fluctuates annually (Jan 1st) based on the Consumer Price Index and is charged to every new residential and commercial unit.

Note:

DU stands for Dwelling Unit.
13 FISCAL YEAR 2023

CITY OF SAN CLEMENTE
Civic Center Construction Fund Fee
Effective January 1, 2023
Exhibit #3
Civic Center Construction Fund Fee
Residential Unit $648.16
Fee fluctuates annually (Jan 1st) based on the Consumer Price Index and is charged to every new residential unit.

Note:

DU stands for Dwelling Unit.
14 FISCAL YEAR 2023

CITY OF SAN CLEMENTE
Storm Drain Fees
Effective July 1, 2022
Exhibit #4
Storm Drainage Fee:

Other Areas $600/acre
Segunda Deshecha $3,409/acre
Prima Deshecha Canada $5,633/acre
Marblehead Coastal $1,650/acre
15 FISCAL YEAR 2023

CITY OF SAN CLEMENTE
Water Acreage Fee
Effective July 1, 2022
Exhibit #5
Water Acreage Fee
For developments having estimated water demand with the water usage limits set forth herein, the water acreage assessment charge (water connection fee) shall be:

Estimated Water Demand not to exceed*
Existing Developed Areas:

Residential 450 gal/DU/Day* $2,388/acre or
398/DU,
whichever is
greater
Commercial 2500 gal/acre/day* $2,388/acre
Industrial 3500 gal/acre/day* $2,388/acre
Undeveloped Areas:

Residential n/a; fee per DU $3,156/DU
Commercial 2500 gal/acre/day* $10,500/acre
Industrial 3500 gal/acre/day* $10,500/acre
*All requests for commercial or industrial water service, and for multiple residential water service in the "existing developed area" shall be reviewed by the City Engineer for determination of compliance of the proposed use with the above water demand.

For developments which exceed the water demand limits listed above, the water acreage fee shall be calculated as follows:

Existing Developed Areas:

Residential $0.884/gal/day
Commercial $0.955/gal/day
Industrial $0.682/gal/day
Undeveloped Areas:

Residential n/a; fee per DU $3,156/DU
Commercial $4.20/gal/day
Industrial $3.00/gal/day
Note:

1. DU stands for Dwelling Unit.

2. Gal stands for Gallon.
16 FISCAL YEAR 2023

CITY OF SAN CLEMENTE
Sewer Connection Fee
Effective July 1, 2022
Exhibit #6
Sewer Connection Fee: (Acct. 001-000-32372)
(**Sewer Connection Fees were previously automatically increased by 10% at the beginning of each year per San Clemente Municipal Code Sections 13.24.220 and 13.24.250, Ord. 874.

There has been a temporary moratorium approved by City Council on December 17, 2019 via resolution 19-055.

Residence or Dwelling Unit, Including Apts.:

Fee Area "A" (areas previously subdivided prior to Ordinance 663 dated 3/5/76) $0** Fee Area "B" (areas subdivided after Ordinance 663, dated 3/5/76, and not included in the original Sewer Assessment District No. 85-1*) $0**
Commercial & Industrial
Fee Areas "A" and "B" (All areas except those included in the original Sewer Assessment District No. 85-1) $0**
Hotel, Motel, Mobile Homes, Etc.

Fee Area "A" (areas previously subdivided prior to Ordinance 663 dated 3/5/76) First Unit: $0**
Each Subsequent Unit: $0**
Fee Area "B" (areas subdivided after Ordinance 663, dated 3/5/76 and not included in the original Sewer Assessment District No. 85-1*)
First Unit: $0**
Each Subsequent Unit: $0**
*Above fees applicable to properties not included in the original Assessment District No. 85-1 (Wastewater Treatment Facilities), which was subsequently refinanced. Properties included in said District have been assessed for sewer facilities and not subject to above fees.

VERIFICATION OF SEWER ASSESSMENT to be obtained from Engineering Division prior to issuance of building permits.

Note:

DU stands for Dwelling Unit.
17 Exhibit #7
FISCAL YEAR 2022-2023

CITY OF SAN CLEMENTE
Section 5
Public Improvement Expenditures
Project Name Project # Expenditure % Funded
with Fees
Regional Circulation Financing and Phasing Program (RCFPP) Ave Pico - Class I Bike/Ped Path Ph I 17337 $ 1,588.57 100% Camino Del Rio and La Pata Extensions 18316 $ 35,131.20 100% Ave Pico Widening - I-5 - Frontera 18325 $ 5,750.00 100% Intersection Improvement at Avenida Vista Hermosa & La Pata 13325 $ - * 57% General Fund administrative reimbursement $ 10,720.00 ** 100% Pubic Safety Construction Fee
Negocio 2nd Floor Design/Police Substation 10546 $ 475,996.29 75% General Fund administrative reimbursement $ 14,746.00 ** 100% Civic Center Construction Fund Fee
City Hall Relocation/Council Chambers 12563 $ 475,000.00 30% General Fund administrative reimbursement $ 6,174.00 ** 100% Storm Drain Fee – Other Area (City Infill Development Areas) SD Improvement at PCH & Camino 10016 $ 225.23 100%
MOOS05 Montalvo Canyon Outlet 16004 $ 74,436.51 100%
General Fund administrative reimbursement $ 9,530.00 ** 100% Storm Drain Fee – Segunda Deschecha
City Master Plan of Drainage - Segunda Deschecha 34003 $ 2,473.40 100% SD Improvements at 1601 Calle Las Bolas 10015 $ 649,071.38 100% Catch Basin and SD Improvements 12003 $ 1,592.06 100%
Catch Basin & SD Improvement at Calle Bonito & Los Molinos 13018 $ - * 100% General Fund administrative reimbursement $ 9,270.00 ** 100% Storm Drain Fee – Marblehead
General Fund administrative reimbursement $ 7,290.00 ** 100% Storm Drain Fee – Prima Deschecha Canada
General Fund administrative reimbursement $ - ** 100%
18 Exhibit #7
FISCAL YEAR 2022-2023

CITY OF SAN CLEMENTE
Section 5
Public Improvement Expenditures
Project Name Project # Expenditure % Funded
with Fees
Water Acreage Fee
Reeves Pump Station 17405 $ 7,620.00 100%
Recycled Water Expansion Phase II 17407 $ 203,049.45 100% Dana Point Ocean Water Desalinization Project 38401 $ - * 100% General Fund administrative reimbursement $ 10,580.00 ** 100% Sewer Connection Fee
SMWD Pico Recycled Water Pump Station 12206 $ 611,800.00 100% SMWD Trampas Recycled Water Reservoir 12207 $ 3,100,000.00 100% Cyprus Shores PS Relocation 12210 $ 569,585.34 100%
Recycled Water Conversion Program 34201 $ 1,389.50 100% WRP Efficiency Study 39202 $ - * 100%
Recycled Water Quality Improvements 13203 $ 636,455.98 100% General Fund administrative reimbursement $ 19,990.00 ** 100% * Projects are budgeted, but no costs incurred in the current year. ** Administrative costs is a reimbursement for overhead related to General government costs incurred such as city clerk, finance, treasury, and other general costs. 19 910 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: December 5, 2023 Agenda Item: 8C
Department: Community Development
Prepared By Adam Atamian, Community Development Director Subject:
..titl e

INTRODUCTION (FIRST READING) OF COMMERCIAL AND RECREATIONAL VEHICLE

PARKING ORDINANCE AND FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
..body
Summary:

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

If the ordinance is adopted, the most significant changes to the City’s current regulations on parking for these types of vehicles would include reducing the hours commercial vehicles can park at night, modifying the maximum allowable duration for recreational vehicles to park on City streets without a permit from five hours to four hours, and prohibiting recreational vehicles from parking overnight along the alley adjacent to the Municipal Golf Course.

Background:

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

At its meeting of February 23, 2023, the Public Safety Committee reviewed the City’s existing municipal code pertaining to recreational vehicle parking, as well as ordinances from multiple nearby cities. These cities included Aliso Viejo, Carlsbad, Dana Point, Huntington Beach, Irvine, Lake Forest, Laguna Beach, Rancho Santa Margarita, Laguna Niguel, Newport Beach, Mission Viejo, Oceanside, and Seal Beach. The minutes from that meeting are provided as Attachment 3.

After reviewing these ordinances, the Public Safety Committee recommends that the City Council revise the San Clemente Municipal Code utilizing regulations based on the Dana Point Ordinance. The Dana Point Ordinance was determined by the Committee to be the most robust in addressing commercial, recreational, and trailer parking and provides clear parameters for parking such vehicles, making enforcement more effective than the City’s current regulations.

At its meeting of July 18, 2023, staff presented this item to the City Council for consideration, along with a text amendment related to the San Clemente Municipal Code (SCMC) definition of 1 Meeting Date: December 5, 2023 Agenda Item: 8C

CITY OF SAN CLEMENTE
“commercial vehicle.” However, at that meeting, concerns were raised about the proposed ordinance and the City Council directed staff to bifurcate the proposed ordinance and return this item after clarifying enforcement and language in the ordinance. The minutes from that meeting are provided as Attachment 4.

The proposed ordinance would replace San Clemente Municipal Code (SCMC) Section

10.28.230 in its entirety. A copy of the existing regulations contained in SCMC 10.28.230 are provided as Attachment 5.

Staff made a number of changes to incorporate Dana Point’s ordinance into the SCMC, such as formatting, adjusting language, and making the proposed regulations internally consistent with the SCMC. Additionally, some of the regulations in Dana Point’s ordinance we revised to retain more restrictive regulations currently contained in the SCMC. The most significant changes to the City’s current regulations that would result from adoption of the proposed ordinance consist of the following:

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

2. Recreational vehicle parking, including parking for trailers, on City streets and public parking lots, would no longer be permitted for up to five hours without a City-issued permit. The proposed regulations would require a City-issued parking permit for any parking of these types of vehicles in public for more than four hours, which would be allowed up to 72 hours with a permit. The permit process remains generally the same in the proposed ordinance due to staff’s recommended modifications to retain aspects of the current SCMC that stipulate provisions of the permit related to the minimum time allowed between the issuance of permits and the time between the “loading” and “unloading” periods provided by these permits.

3. Recreational vehicles would be prohibited from parking between the hours of 10:00 p.m. and 6:00 a.m. on the western portion of the City’s Municipal Golf Course property (Assessor’s Parcel Number 060-010-08) adjacent to the alley between East Avenida San Gabriel and East Avenida Magdalena, unless a City-issued parking permit is obtained by the owner of an adjacent residential property.

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

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

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

10.04.010- Definitions.
2 Meeting Date: December 5, 2023 Agenda Item: 8C

CITY OF SAN CLEMENTE
City Staff also conducted a survey of surrounding southern California cities’ regulations related to the parking of commercial and recreational vehicles. The findings of this survey, provided in Attachment 6, indicate that commercial vehicle parking regulations are consistent with the proposed ordinance. While there are some differences between municipalities in the regulation of recreational-vehicle parking, it is generally restricted. However, the method used to restrict recreational vehicle parking in other cities is often a limitation on overnight hours, which allows for all-day parking outside of these hours, subject to any location-specific parking restrictions. The proposed ordinance provides regulations that address the parking of recreational vehicles throughout the day, limiting it to a maximum of four hours and requiring the vehicles to be moved at least one-half mile after four hours.

Council Options:
 Introduce Ordinance No. 1763.
 Modify and then introduce Ordinance No. 1763.
 Do not introduce Ordinance No. 1763.
 Continue the Item and direct staff to provide additional information.

Fiscal Impact:

None; the proposed ordinance only modifies existing parking regulations.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation

THE PUBLIC SAFETY COMMITTEE AND STAFF RECOMMEND THAT THE CITY COUNCIL INTRODUCE AND CONDUCT A FIRST READING OF AN ORDINANCE NO. 1763 ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 10.04 AND 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC) OF THE

SAN CLEMENTE MUNICIPAL CODE RELATING TO THE PARKING OF COMMERCIAL,

RECREATIONAL, AND WIDE VEHICLES AND TRAILERS ON PUBLIC PROPERTY AND 3 Meeting Date: December 5, 2023 Agenda Item: 8C

CITY OF SAN CLEMENTE

FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
..end
Attachment:

1. Proposed Ordinance No. 1763 to add definitions to the San Clemente Municipal Code Section

10.01.010, replace San Clemente Municipal Code Section 10.28.230, and delete San Clemente Municipal Code Section 10.28.150

2. City Council Meeting Minutes of February 21, 2023

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

4. City Council Meeting Minutes of July 18, 2023

5. Existing San Clemente Municipal Code Sections 10.28.150 (recommended for deletions) and

10.28.230 (recommended for replacement)

6. Southern California Cities’ Comparison Survey
Notification:

Public notice published in the San Clemente Times.
4 ATTACHMENT 1
ORDINANCE NO. 1763

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS

10.04 AND 10.28 OF TITLE 10 (VEHICLES AND TRAFFIC)

OF THE SAN CLEMENTE MUNICIPAL CODE RELATING

TO THE PARKING OF COMMERCIAL, RECREATIONAL,

AND WIDE VEHICLES AND TRAILERS ON PUBLIC

PROPERTY AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City has received, and continues to receive, numerous complaints about the illegal parking of recreational and commercial vehicles, including but not limited to, parking on City streets, parking lots, and other areas of the public right-of-way, during times of restricted parking, and parking for a duration of time which exceeds the maximum parking time for such vehicles; and
WHEREAS, the City has received, and continues to receive, numerous complaints regarding nuisances associated with the parking of recreational vehicles that impact, or have the potential to impact, the public health, welfare, and safety. Such nuisance issues relate to the dumping of “grey water” into the City’s storm drain system, the dumping of trash and debris, originating from within recreational vehicles, on City streets, parking lots, and other areas of the public right-of-way; and
WHEREAS, the City Council desires to maintain, and increase, current levels of public access to the City’s beaches and coastal areas. For that effort, this ordinance is intended to improve the City’s parking enforcement capabilities to ensure parking for recreational vehicles is made available to all on a consistent, recurring basis and that parking of such vehicles is not abused in a manner that restrict others from utilizing it or otherwise cuts off access to the City’s beaches and coastal areas; and WHEREAS, additionally, improving enforcement of parking is anticipated to help address water-quality violations and other impacts to the cleanliness of the City’s streets and storm drain system through enforcement against long-term parking of recreational vehicles and the nuisances that they create and perpetuate; and WHEREAS, at its meeting of February 21, 2023, the City Council, in response to multiple complaints about the long-term parking of recreational and oversize vehicles, directed the Public Safety Committee to review the City’s existing parking regulations related to recreational vehicles and forward a recommendation to the City Council for opportunities to improve such regulations; and
5 Ordinance No. 1763 Page 2
WHEREAS, at its meeting of February 28, 2023, the Public Safety Committee reviewed the City’s existing code pertaining to recreational vehicle parking, as well as ordinances from multiple nearby cities, and recommended that the City Council revise the San Clemente Municipal Code to better regulate recreational, commercial, and wide vehicles; and
WHEREAS, City staff, in consultation with the Orange County Sheriff’s Department staff, prepared an ordinance based on the Public Safety Committee’s recommendations for the City Council’s consideration at a duly noticed public hearing on December 5, 2023; and
WHEREAS, on December 5, 2023, the City Council heard and considered the staff report and all public comment and testimony; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

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

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

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

A. .....Whenever any words or phrases used in this Title are not defined, but are defined in the Vehicle Code of the State of California and amendments thereto, such definitions shall apply.
6 Ordinance No. 1763 Page 3
B. .....The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this section.

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

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

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

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

5. "Commercial vehicle" means any vehicle meeting the definition of "Commercial Vehicle" in Section 260 of the California Vehicle Code, as that definition may be amended from time to time; provided, however, that for the purposes of this chapter no "Pick Up Truck," as that term is defined in California Vehicle Code Section 471, shall be considered a commercial vehicle unless: (1) goods, wares, or property of a commercial nature loaded thereon extend above the
manufacturer's box; or (2) the standard bed of the vehicle has been replaced with a utility or stake bed over eighty (80) inches in width; or (3) the vehicle has been modified to include a rack extending over the length of the vehicle's bed which currently has goods or wares of a commercial nature, with the exception of ladders that do not extend beyond the horizontal limits of the vehicle, stored thereon.

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

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

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

9. Holidays. Within the meaning of this title, "holidays" means the first day of January, the twelfth day of February, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the first Monday in September, the ninth day of September, the twelfth day of October, the eleventh day of November, the twenty-fifth day of December, and Thanksgiving Day. If the first day of January, twelfth 7 Ordinance No. 1763 Page 4
day of February, twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the twelfth day of October, the eleventh day of November, or the twenty-fifth day of December falls on a Sunday, the Monday following is a holiday.

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

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

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

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

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

15. "Parking meter" means a mechanical device installed within or upon the curb or sidewalk area immediately adjacent to a parking space, for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle.

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

17. "Pedestrian" means any person afoot.

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

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

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

21. “Trailer bus” shall have the meaning set forth in California Vehicle Code Section 636.
8 Ordinance No. 1763 Page 5

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

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

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

Section 4. Code Amendment. Section 10.28.230 of the San Clemente Municipal Code is hereby deleted and replaced in its entirety and shall read as follows:

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

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

B. Commercial Vehicles. The following regulations shall apply to all commercial vehicles:

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

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

3. Subsections (1) and (2) of this section shall not apply to any of the following:
a. Any commercial vehicle then currently involved in the construction, reconstruction, maintenance, or repair of any street, 9 Ordinance No. 1763 Page 6
designated publicly used parking lot or alley upon which the commercial vehicle is parked or any development occurring directly in front of that property;
b. Any commercial vehicle employed by any governmental entity or public utility which is used for urgent response purposes including, but not limited to, ambulances and utility repair vehicles; or
C. Recreational Vehicles (RV), Buses, Camp Trailers, Trailers, Campers, House Cars, Trailer Buses, and Trailer Coaches. The following regulations shall apply to RVs, Buses, Camp Trailers, Trailers, Campers, House Cars, Trailer Buses, and Trailer Coaches. It is the intent of this Subsection that these vehicles shall not be parked on City streets, or designated publicly used parking lots except as provided herein.

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

2. No person shall park, stop, or leave standing any of these vehicles, regardless of width, on any City street, designated publicly used parking lot for more than four (4) hours, with the exception of the parking lot located adjacent to the alley on the City’s Municipal Golf Course property (Assessor’s Parcel Number 060-010-08), or alley in the City, provided the size of the vehicle does not violate any other regulations contained within this code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking. For purposes of this section, a vehicle shall be considered to have remained parked unless, during any 4-hour period, said vehicle has been moved at least one-half (1/2) mile from the position it previously occupied. The following are exempt from this section:
a. For the purpose of loading or unloading immediately adjacent to the residential (non-commercial) property for which the vehicle, as defined in this Title, is registered, for a period not to exceed twenty-four (24) hours, or for a period not to exceed seventy-two (72) hours if a City-issued parking permit is obtained; or b. If a vehicle, as defined in this Title, is parked immediately adjacent to the property to which it is registered and is used for daily business activities for a period not to exceed seventy-two (72) hours, if a City-issued parking permit is obtained. c. If the RV, bus, or trailer is parked immediately adjacent to the residential property which its occupants are visiting, for a period not to exceed seventy-two (72) hours, if a City-issued parking permit is obtained by the owner of the immediately adjacent residential property.
10 Ordinance No. 1763 Page 7

3. No person shall park, stop, or leave standing any of these vehicles, regardless of width, on the parking lot located on the western portion of the City’s Municipal Golf Course property (Assessor’s Parcel Number 060-010-08) adjacent to the alley between East Avenida San Gabriel and East Avenida Magdalena between 10:00 p.m. and 6:00 a.m., unless a City-issued parking permit is obtained by the owner of an adjacent residential property. Between the hours of 6:00 a.m. and 10:00 p.m., no person shall park, stop, or leave standing any of these vehicles, regardless of width, for more than four (4) hours, provided the size of the vehicle does not violate any other regulations contained within this code, or the California Vehicle Code, regulating the size of vehicles or the locations and times where vehicles are prohibited from parking.

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

1. Where a City-issued parking permit is required above, a maximum of four (4), seventy-two (72) hour parking permit extensions may be issued per residential address per calendar year. For the purposes of this subsection, a “seventy-two (72) hour parking permit extension” shall mean one (1) thirty-six (36) hour parking extension for the loading of the RV and one (1) thirty-six (36) hour parking extension for the unloading of the RV. Only round-trip extensions may be issued, and the commencement of the unloading period must occur no sooner than forty-eight (48) hours after termination of the loading period. Longer running permits may be issued for designated publicly used parking lots at the request of the parking lot owner or manager, and at the discretion of the City’s Chief of Police Services.

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

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

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

5. At the expiration of the initial twenty-four (24) hour or any thirty-six (36) hour period provided by a City-issued parking permit, or at the end of any authorized parking permit extension, the vehicle shall be moved from any and all City streets and designated publicly used parking lots for the ensuing seventy-two (72) hour period.

6. No two (2) consecutive parking permits/extensions shall be granted within a six (6) day period. City parking permits shall not be issued for unattached boat or supply trailers.
11 Ordinance No. 1763 Page 8
Section 5. Code Amendment. Section 10.28.150 - Parking trailers, etc., on streets, of the San Clemente Municipal Code is hereby deleted in its entirety.

Section 6. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code, section 36933.

Section 7. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 8. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

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

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

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
12 Ordinance No. 1763 Page 9

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. 1763 having been regularly introduced at the meeting of _______________, 2023, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____ day of ____, 2023, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ____________, 2023. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
__________________________
Elizabeth A. Mitchell, CITY ATTORNEY
13 ATTACHMENT 2
14 CITY OF SAN CLEMENTE
Tuesday, February 21, 2023 5:00 PM
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tern Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember James
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

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

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

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

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

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

Riverside Superior Court Consolidated Case No.: RIC 1800232 CA Court of Appeal Case No.: E078045 (Fourth Appellate District, Division 2) Case Name: City of San Clemente v. Emergency Shelter Coalition, et al.

Orange County Superior Court Case Number: 2020-01153535-CU-EI-CXC B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

Page 1 of 11 ends

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

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

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

PLEDGE OF ALLEGIANCE
Don Brown led the Pledge of Allegiance .

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

Recreation Vehicle Parking Enforcement
B.

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

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

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

Page 2 of 11 ends

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

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

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

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

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

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

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

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

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

Page 3 of 11 ends

17 City Council Regular Meeting Minutes February 21, 2023

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

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

AYE:

NOE:

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

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

Page 4 of 11 ends

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

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

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

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

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

3. Authorize the City Clerk to release the payment bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Innovative Construction Solutions.

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

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

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

Page 5 of 11 ends

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

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

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

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

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, Cheloletty Engineering.

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

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

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

AYE:

NOE:

Cabral, Enmeier, James, Knoblock and Mayor Duncan
None

Page 6 of 11 ends

20 City Council Regular Meeting Minutes February 21, 2023

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

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

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

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

CONTRACT AMENDMENT AND SUPPLEMENTAL BUDGET

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

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

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

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

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

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

Page 7 of 11 ends

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

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

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

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

7. Public Hearings
None.

8. Unfinished Business
None.

9. New Business
None.

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

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

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

2. Evaluate bicycle safety on Avenida Vista Hermosa.

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

Page 8 of 11 ends

22 City Council Regular Meeting Minutes February 21, 2023

11. Reports
A. Commissions and Committees
None.

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

C. City Attorney
None.

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

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

Councilmember James expressed concerns with Las Palmas Elementary School traffic.

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

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

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

Page 9 of 11 ends

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

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

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

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

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

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

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

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

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

Page 10 of 11 ends

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

12. Adjournment
Motion by Councilmember James, second by Mayor Duncan, CARRIED 5-0, to adjourn at 7:43 p.m. to an Adjourned Regular Meeting to be held on February 28, 2023 at 4:00 p.m. for the purpose of conducting the Long Term Financial Plan Workshop. The next Regular Meeting will be held on March 7, 2023. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m.

The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente. This meeting was adjourned in memory of Henry Hank Snider.

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

Page 11 of 11 ends

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

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
February 28, 2023

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

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

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

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

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

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

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

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

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

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

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

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

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

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

MOTION BY COMMITTEE MEMBER GREENWALD, SECOND BY CHAIR
LOEFFLER, AND CARRIED 4-0, Member Roeber absent, to recommend use of the Dana Point ordinance adding the definition of recreational vehicle from the 27

Page 3 ends

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

4. SPECIAL ORDERS OF BUSINESS/PRESENTATIONS

5. 6.

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

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

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

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

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

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

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

The Committee commended Marine Safety services.

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

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

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

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

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

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

3. Legislative Review
None.

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

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

5. Statistical Information and Review
Vice Chair Hightower discussed the ambulance service contract and expressed concern regarding average response time.
29

Page 5 ends

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

6. Human Trafficking
None.

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

Chair Loeffler suggested law enforcement provide education on helmets.

The Committee discussed helmet requirements.

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

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

8. Technology Review
None.

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

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

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

C. Marine Safety - Marine Safety Division Captain Mellott 30 Page6
Minutes of the Regular Meeting of the Public Safety Committee of February 28, 2023 Captain Mellott provided an overview of recertification and rookie training; weather, pier jumpers; service to homeless; vandalism and efforts to deter activity; upcoming 5K/10K; and 9-17-year-old swim tests.

D. Committee Chair
None.

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

F. City Staff
None.

11. ADJOURNMENT

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

Respectfully submitted,
~:J.~~
Attest:

Adam ~ Atamian, Deputy Community Development Director
ATTACHMENT 4
31 CITY OF SAN CLEMENTE
Tuesday, July 18, 2023 4:00 PM
City Council
Special and Regular Meeting
Minutes
4:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tern Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered .

A Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Duncan on July 18, 2023 at 4:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Amanda Q narrated a PowerPoint presentation concerning the City of San Clemente v. Foothill/Eastern Transportation Corridor Agency. A hard copy of the presentation is on file with the City Clerk.

Motion by Councilmember Cabral, second by Mayor Pro Tern Knoblock, CARRIED 5-0, to recess to Closed Session at 4:03 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(2):

Allegations under the California Voting Rights Act of 2001 B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 3
Case Name: City of San Clemente v. Foothill/Eastern Transportation Corridor Agency,
et al.

Riverside Superior Court Consolidated Case No.: RIC 1800232

Page 1 of 22 ends

32 City Council
F.

Special and Regular Meeting Minutes July 18, 2023
Impact Report (EIS/EIR); adopt a Mitigation Monitoring and Reporting Program and Findings of Fact; and file a Notice of Determination.

Mayor Duncan opened the Public Hearing.

Public Works Director/City Engineer Koger and City consultant Leslea Meyerhoff, Summit Environmental Group, Inc., reviewed the contents of the Administrative Report and responded to Council inquiries .

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

Motion by Mayor Pro Tern Knoblock, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 23-74, which will:

1. Approve the Project which will implement public beach restoration activities placing 251,000 cubic yards of sand on the City's beaches in 2023 with eight future beach sand replenishment events over the next 50 years (through 2073/2074).

2. Adopt the Final Feasibility Study and certify the Final Environmental Impact Statement (FEIS)/Final Environmental Impact Report (FEIR) and Supplemental Environmental Assessment (SEA)/Finding of No Significant Impact (FONSI).

3. Adopt the Mitigation Monitoring and Reporting Program.

4. Adopt the Findings of Fact and Statement of Overriding Considerations.

5. Direct the Public Works Director/City Engineer to file the California Environmental Quality Act (CEQA) Notice of Determination with the County Clerk.

6. Authorize City Manager to enter into a State Lands Lease with the California State Lands Commission in support of the Project.

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

CODE AMENDMENT - COMMERCIAL AND RECREATIONAL VEHICLE

PARKING AND FINDING THE ORDINANCE NOT SUBJECT TO THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Public Hearing for the City Council to consider a recommendation of the Public Safety Committee to adopt a proposed ordinance to amend various provisions to Title 10, Vehicles and Traffic, of the San Clemente Municipal Code (SCMC) to modify regulations related to the parking of commercial,

Page 15 of 22 ends

33 City Council Special and Regular Meeting Minutes July 18, 2023 recreational, and oversize vehicles on public property, including streets .

Mayor Duncan opened the Public Hearing .

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

Amanda narrated a PowerPoint presentation entitled "Commercial and RV Code Changes". A hard copy of the presentation is on file with the City Clerk .

George Gregory, San Clemente, opined that the current Municipal Code negatively impacts businesses.

Donna Vidrine , San Clemente, expressed concerns regarding the recommended changes as it relates to individuals living in their vehicles and family and friends visiting San Clemente residents.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Enmeier, CARRIED 5-0, to temporarily suspend this item.

AYE: Cabral, Enmeier, Knoblock, Loeffler and Mayor Duncan NOE: None
City Manager Hall requested a continuation of this item to clarify enforcement and language in the ordinance.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Cabral, to remove section three from the ordinance regarding pick-up trucks and utility racks as it relates to the definition of commercial vehicles and storage of items on the utility racks and items that extend beyond the vehicle length. This motion was withdrawn.

Motion by Mayor Pro Tern Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to continue the Public Hearing to the Regular City Council meeting of August 15, 2023. Council requested that alternatives be provided for section three of the ordinance regarding pick-up trucks and utility racks as it relates to the definition of commercial vehicles and storage of items on the utility racks and items that extend beyond the vehicle length. Staff is also to address the "sprinter van" and similar size vehicles in the ordinance.

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

8. Unfinished Business
None.

Page 16 of 22 ends

SAN CLEMENTE – Current Regulations

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

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

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

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

10.28.150 - Parking trailers, etc., on streets.

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

ATTACHMENT 5
34 City/County No Parking Times -
RV
No Parking Times – Comm.

Parking Limits during allowed times - RV
Parking Limits during
allowed times – Comm.

Other Requirements Additional Info
Orange County (unincorp.)
Maximum of (72) consecutive hours.

Maximum of (72) consecutive hours.

Prohibited vehicles may be parked on public "residence district" streets and highways while loading or unloading.

San Marcos/ San Diego County
2:00am-6:00am 2:00am-6:00am Temporary permit to
load and unload up to 72 hours has been discontinued according to website.

Only allowed if Loading or Unloading, Parked in connection with the performance of a service.

Have permitprogram in
certain residential neighborhoods near CSU San Marcos
Carlsbad/ San Diego County
2:00am-5:00am 2:00am-5:00am Carlsbad Residents
who own an RV could apply for a yearly no-fee permit to park their vehicle on a public street at their residence for up to 72 hours. This would allow owners to load and unload vehicles before and after a trip.

Permit required from City Engineer for oversize vehicles.

Residents and their guests can apply for an oversized vehicle permit, which must be displayed in the window when the vehicle is parked on a city street between hours of 2 to 5 a.m. The vehicle must be parked within 400feet of the residencethat was granted thepermit.

Commercial Property Permit: Hotels or motels
can allow guests to park RVs next to these inns on public streets if the RVs cannot be accommodated in the property’s parking lot. The city would issue each hotel and motel reusable permits that they can give to their guest.

ATTACHMENT 6
35 City/County No Parking Times -
RV
No Parking Times – Comm.

Parking Limits during allowed times - RV
Parking Limits during allowed times – Comm.

Other Requirements Additional Info
Irvine / Orange County
Unlawful for any person to camp overnight or to park a trailer coach or camp car overnight Unlawful to park, stop or leave sitting for a period of time longer than 72 consecutive hours Unlawful to park, stop or leave sitting for a period of time longer than 72 consecutive hours Oceanside / San Diego County
2:00-6:00am Commercial Vehicles
are prohibited in certain districts between the hours of 2:00am-6:00 am Before placing the vehicle in the street from 2:00am - 6:00am, residents can apply for temporary permits. Resident can apply for a one time temporary permit for guests.

Oversized commercial vehicles actively engaged in making pick-ups and drop-offs of deliveries of goods, orders, wares, materials or merchandise from or to any building, property or structure are exempt.

Residents can apply for a temporary permit for oversized vehicle for (24) hours. A maximum of six (6) permits may be assigned each month. Oversized vehicle is any vehicle or combination of vehicles that exceeds 25 feet in length, or 84 inches in width, or 84 inches in height.

Have the option of permit program in residential neighborhoods, require 67% support. 36 City/County No Parking Times -
RV
No Parking Times – Comm.

Parking Limits during allowed times - RV
Parking Limits during allowed times – Comm.

Other Requirements Additional Info
Aliso Viejo / Orange County
No parking between the hours of 2:00 a.m. and 6:00 a.m. on two consecutive days No parking between the hours of 2:00 a.m. and 6:00 a.m. on two consecutive days The loading or unloading of materials shall be made for no more than 20 minutes The loading or unloading of materials shall be made for no more than 20 minutes The Director is authorized to issue permits for variations from the size, weight and load limitations set forth in California Vehicle Code Division 15 (Section 35000 et seq.).

Laguna Beach / Orange County
Recreational vehicles shall not be permitted to park up to five hours in one location and then move and park five hours in another location within a twenty-four consecutive hour period; the five cumulative-hour limit shall be inclusive of all parking in multiple locations Commercial vehicles shall not be permitted to park up to five hours in one location and then move and park five hours in another location within a twenty-four consecutive hour period; the five cumulative-hour limit shall be inclusive of all parking in multiple locations Limited to no more than five cumulative hours within a twenty-four consecutive hour period on all public streets Limited to no more than five cumulative hours within a twentyfour consecutive hour period on all public streets The Laguna Beach Police Department issues RV Parking Permits which allow parking for up to 72 hours on City streets. 37 City/County No Parking Times -
RV
No Parking Times – Comm.

Parking Limits during allowed times - RV
Parking Limits during allowed times – Comm.

Other Requirements Additional Info
Laguna Niguel/ Orange County
2 am- 6 am 2 am- 6 am Recreational vehicle
parking in front of the owner's property only three days in a seven-day period, and it bans overnight parking of the vehicles along any public street away from the owner. Except for purposes of loading or unloading and for a period not to exceed two hours. s property.

Loading or unloading of materials shall be made for no more than 20 minutes For singlefamily dwellings, one garage space may be occupied by a recreational vehicle, provided the vehicle is maintained in working condition at all times.

Laguna Hills / Orange County
11 pm – 7am 11 pm – 7am No person shall at
any time park or leave standing a nonmotorized vehicle or camper, regardless of width or length, when it has been detached from its motor vehicle on any public street or highway in the city except for purposes of loading or unloading and for a period not to exceed two hours.

No person shall park or leave standing upon any public street or dedicated alley any oversized commercial vehicle, except when loading or unloading persons and/or property or when such vehicle is parked in connection with, and in aid of, the performance of a service to or on property in the block in which such vehicle is left standing, not to exceed twelve (12) consecutive hours. 38 City/County No Parking Times -
RV
No Parking Times – Comm.

Parking Limits during allowed times - RV
Parking Limits during
allowed times – Comm.

Other Requirements Additional Info
San Juan Capistrano / Orange County
A special permit to allow overnight parking may be obtained from the Traffic Engineer A special permit to allow overnight parking may be obtained from the Traffic Engineer Recreational Vehicles (RV), as defined by Section 18010 of the Health and Safety Code, may be issued an RV Temporary Parking Permit allowing up to forty-eight (48) hours of parking within three hundred (300) feet of the address at which the RV Temporary Parking Permit was issued.

Any commercial vehicle that is actively being loaded or unloaded, making pickups or deliveries of goods, wares, or merchandise from, or to, any building or structure or land may park for a period not to exceed two (2) hours in one day.

A maximum of twelve (12) round-tripTemporary RV Parking Permits may be issued per residential address per calendar year. For the purposes of this subsection, a round-trip RV Temporary Parking Permit shall mean one forty-eight (48) hour permit for loading of the RV and one forty-eight (48) hour permit forunloading of the RV. An RV Temporary Parking Permit may be obtained free of charge.

Lake Forest / Orange County
It is unlawful for any person to camp overnight in a recreational vehicle upon any City Street, including any part of the right-of-way thereof. It shall also be unlawful for any person to cause the stopping, standing, or parking of any recreational vehicle in any part of the Business and Industrial Zone Loading or unloading of passengers shall be made for more than five (5) minutes, or provided that no stop for the loading or unloading of materials shall be made for more than twenty (20) minutes.

Loading or unloading of passengers shall be made for more than five (5) minutes, or provided that no stop for the loading or unloading of materials shall be made for more than twenty (20) minutes. 39 City/County No Parking Times -
RV
No Parking Times – Comm.

Parking Limits during allowed times - RV
Parking Limits during allowed times – Comm.

Other Requirements Additional Info
Santa Ana/ Orange County
2am- 6 am 2am- 6 am It is unlawful for any
person to park or leave standing within a public street and park road, a public street and alley, or a park road and alley cross street or alley, any oversized vehicle, non-motorized vehicle, or recreational vehicle at any time No person shall park and/or leave standing on any street, or portion thereof, in any residential district located within the city any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more for a period of time longer than two (2) hours.

Permits may be issued, but not exceed, three consecutive 24-hour periods No more than 72 permits shall be issued relating to any one address in any one calendar year period.

Costa mesa/ Orange County
2am- 6 am 2am- 6 am Large motor
vehicles or, nonmotorized vehicles attached to a motor vehicle or large motor vehicle, parked adjacent to the owner’s residence are allowed for the purposes of loading, unloading, cleaning, battery-charging, or other activity preparatory or incidental to travel for a period of time not to exceed (48) consecutive hours.

Unlawful to park on a truck route or other restricted street for over 3 hours.

Oversized Vehicle Defined: Any house car, pick-up truck with camper, recreational vehicle, or any other vehicle or combination of vehicles (trailer) that exceeds: • 22 feet in length, or • 84 inches in width and weight 40 City/County No Parking Times -
RV
No Parking Times – Comm.

Parking Limits during allowed times - RV
Parking Limits during allowed times – Comm.

Other Requirements Additional Info
Vista/ San Diego County
The City Manager or his or her designee shall issue a permit for oversized recreational vehicle to any resident of the City, or a bona fide guest of such resident provided the permit fee is paid and the parking of the oversized recreational vehicle will not create a hazard.

To oversized vehicles parked while engaged in loading and unloading activity for a period not to exceed 4 hours RV may be kept on a driveway at a time unless the second RV is less than 50 feet long. The ordinance allows a maximum of two RVs on parcels of less than 1 acre, though additional vehicles are allowed for each additional halfacre up to maximum of four RVs on larger properties.

Residents can apply for 72-hour parking permits for visiting RVs, but are limited to one permit a year. 41 910 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: December 5, 2023 Agenda Item: 10A
Department: Finance and Administrative Services
Prepared By Hanne Thordahl, Human Resources Manager
Jake Rahn, Financial Services Officer
Subject:
..titl e

PRESENTATION OF THE FULL-TIME CLASSIFICATION AND COMPENSATION STUDY

FINDINGS AND RECOMMENDATIONS AND CONSIDERATION OF A RESOLUTION APPROVING ..body THE RECOMMENDED CHANGES AND REVISED SALARY SCHEDULE Fiscal Impact:

If approved by the City Council, a supplemental appropriation would be needed to implement the classification and compensation study recommended changes with an effective date of January 8, 2024. The total cost to implement the recommendations, including a 2.3% catch-up increase to base wages, is approximately $487,000 (General Fund cost of $316,000, other funds cost of $171,000) for the remainder of the fiscal year. Alternatively, the cost to implement only the Class and Compensation recommendations is approximately $210,000 (General Fund cost $135,000, other funds cost of $75,000).

Summary:

The City contracted with Ewing Consulting to complete a classification and compensation study of the City of San Clemente benefitted employee classifications. The consultant reviewed positions to ensure proper classification and surveyed twelve (12) comparable agencies using about sixty (60) benchmark classifications to determine how competitive the City’s compensation is in comparison to the median of the labor market.

The consultant has completed the study and provided the final report and revised job descriptions. (Attachment 1.) The study results in a variety of recommended changes that includes expansion of certain job classification series, salary range adjustments, and position reclassifications. The proposed changes provide a compensation structure that is competitive and assists with the recruitment and retention of the best and most qualified employees. The implementation of the study recommendations is provided for consideration by the City Council.

Staff has also included draft resolutions and revised salary schedules for City Council consideration with a proposed effective date of January 8, 2024.

Background:

The 2021-2024 Memorandum of Understanding (MOU) between the City of San Clemente and the San Clemente City Employees Association (SCCEA) for full-time benefitted City of San Clemente employees includes a provision for the City to commence a classification and compensation study in fiscal year 2022-2023 and implement the classification and compensation study recommendations at the City Council’s discretion. 1 Meeting Date: December 5, 2023 Agenda Item: 10A

CITY OF SAN CLEMENTE
After a Request for Proposal process conducted in September 2022, the City Council approved and authorized the City Manager to execute a contract with Ewing Consulting on January 17, 2023 to conduct the study. On January 25, 2023, the consultant initiated the study with orientation sessions for all employees. During the project, the consultant engaged with individual City employees, supervisors, managers, and Department Heads on the classification reviews and coordinated with management on the selection of comparable agencies and benchmark classifications. After the comparable agencies and benchmark classifications were identified, compensation data was collected over several months in April and May. Periodic project status updates were provided to City staff and the SCCEA input was sought in the selection of comparable agencies and benchmark classifications.

Recommendations affecting positions represented by SCCEA have been discussed with the board members at a meeting on November 15, 2024. The SCCEA Board voted to support proceeding with the consultant’s report and recommendations. Management staff will continue to work with SCCEA to provide additional consultant data in an effort to better understand the methodology of the recommendations related to a few specific classifications. The last classification and compensation review of all benefited positions to help ensure the City’s competitive position in the market place was conducted nine years ago in 2014.

Discussion:

Classification
The consultant collected information directly from employees and supervisors through position information questionnaires (PIQs) and followed up with some in-person interviews. Approximately 150 questionnaires were reviewed by Ewing Consulting and individual meetings with approximately 80 employees were conducted to ensure job duties were properly assigned within each given classification. A majority of job assignments were found to be in accordance with current job descriptions, while some modifications were recommended as discussed in the following paragraph.

The study recommends the reclassification of certain positions where the position has specialized duties or responsibility associated with the position has changed. For example, a new classification of System Operator in the Distribution Operator series in Utilities is proposed to include the duties related to water procurement, quality, testing, and analysis and modification of the real-time water system operations. Job classification expansions into a series are recommended where there were recruitment challenges with an intent to expand the series and create advancement opportunities benefiting retention, such as with the Plans Examiner position in the Building Division, where the recommendations propose a new series for Plans Examiner I/II and Senior Plans Examiner.

Additionally, recommendations are made where an operational change and need was identified in a department. For example, the FAS Director/ Assistant City Manager is reclassified to the Chief Administrative Officer/Assistant City Manager to reflect the expansion of responsibility for management of City Administration. An update to the job descriptions is provided as Attachment

4. Compensation
Ewing Consulting surveyed 12 comparable agencies to determine how the compensation of the city classifications compared to the median of the labor market. The survey participant list included 3 public golf courses and 5 Water Districts in order for this type of agency data to be 2 Meeting Date: December 5, 2023 Agenda Item: 10A

CITY OF SAN CLEMENTE
evaluated and considered where it was available. The survey involves the identification of benchmark classifications. These are positions selected to compare the pay rates to the external comparable agencies. Then the benchmark data is used to compare the pay structure using a hierarchy or “internal equity”.

About sixty (60) benchmark classifications were surveyed and all other classifications were reviewed based on an internal comparison against those benchmarks. Internal equity and market pricing standards were reviewed and considered by the consultant in providing their salary range recommendations. Additionally, the consultant took into account the City’s compensation philosophy through the years to be at or near the median of the labor market.

The Ewing Consulting classification and compensation study provides information on where salaries of benefited City positions compare in the market and provides recommendations where classification changes are warranted. While a few classifications were found to be at or slightly above the median, approximately 65% of the classifications are recommended for a salary range increase to reach the median salary. Pay range changes are recommended for over 80 of the 120 positions reviewed that will adjust those current salaries to the market median. The increases vary; however most of the range changes are between 5% and 10%. Each individual employee’s pay impact will vary depending on multiple factors including the current step in the range and the number of ranges changed. Employees with changes could receive 2.5% to 5% based on the implementation of the recommended range changes, with others eligible for increases on their anniversary dates. The range changes may also create additional steps for future pay increases.

The salary data used as the basis for the study was collected several months ago in April and May of this year and is based on information available at that time. An additional survey of the comparable agencies was done to determine wage increases that occurred in July 2023, which would be after the April/May salary collection timeframe. The survey revealed an average increase of 2.3% amongst the agencies. Applying this increase to the salary schedule for all classifications as a catch up in addition to the Class and Compensation study recommendations would continue to ensure the City’s pay structure is comparative and will assist with recruitment and retention of qualified staff. The timing of the completion of the study at mid-year of the budget cycle creates an opportunity to implement changes effective January 8, 2024 if that is the City Council’s direction.

Council Options:
 Adopt Resolution No. 23-157 to implement the Classification and Compensation study recommendations and a revised salary schedule with a 2.3% catchup adjustment effective January 8, 2024.
 Adopt Resolution No. 23-158 to implement the Classification and Compensation study recommendations and revised salary schedule effective January 8, 2024.  Continue the item with direction given to staff.
 Deny either Resolution and take no action.
3 Meeting Date: December 5, 2023 Agenda Item: 10A

CITY OF SAN CLEMENTE
Environmental Review/Analysis
Not a “project” under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 23-157 to implement the Classification and Compensation recommendations and approve the revised salary schedule implementing a 2.3% catch up adjustment of base wages for benefited positions, including a supplemental appropriation to salaries and benefits in the amount of $487,000. ..recommendation
..end
Attachments:

1. Ewing Consulting City of San Clemente Final Report Classification and Compensation Study

2. Resolution No. 23-157 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED SALARY SCHEDULE AND NEW CLASSIFICATIONS AND AMENDING RESOLUTION NO. 23-57 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH with the City of San Clemente Salary Schedule - Benefited Positions effective January 8, 2024 that implements a 2.3% increase, including a supplemental appropriation to salaries and benefits in the amount of $487,000.

3. Resolution No. 23-158 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED SALARY SCHEDULE AND NEW CLASSIFICATIONS AND AMENDING RESOLUTION NO. 23-57 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH with the City of San Clemente Salary Schedule - Benefited Positions effective January 8, 2024, including a supplemental appropriation to salaries and benefits in the amount of $210,000.

4. Job Descriptions: Accounting Supervisor, Assistant City Engineer, Chief Administrative Officer/ ACM, Chief Operator Water Systems, Environmental Programs Analyst, Facilities Maintenance Technician, Finance Manager, Lead Project Planner, Marine Safety Chief, Plan Examiner I, Plan Examiner II, Planning Technician, Principal Management Analyst, Regulatory Compliance Analyst, Senior IT Analyst, Senior Management Analyst, Senior Plans Examiner, System Operator, Utilities Superintendent Collections & Maintenance, Utilities Superintendent Environmental Operations, and Utilities Superintendent Water Operations.

Notification:

None.
4 ATTACHMENT 1
5 N
Classification and
Compensation
Study
SUBMITTED BY:

Ewing Consulting
William A. Ewing
CEO/Project Manager
Project Consultant:

Aaron Morgan
Executive Assistant:

Holly Sullivan
Ewing Consulting, Inc.
501 N. El Camino Real #203
San Clemente, CA 92672
Tel: (949) 366-4160 ext. 203
6 Table of Contents:

Overview of Project ........................................................................ 3 Classification Study ......................................................................... 3 Compensation Plan ......................................................................... 6 Implementation Strategies ................................................................ 7 Exhibit A: Class Descriptions .............................................................. 8 Exhibit B: Survey Participants .............................................................. 9 Exhibit C: Range Recommendations .................................................... 11 Ewing Consulting-City of San Clemente Classification and Compensation Study Final Report 7 Ewing Consu lti ngso1 N. El Camino Real San Clemente, CA 92672 November 13, 2023
Dear Hanne,
We have completed our Classification and Compensation study with the City of San Clemente. Our final report is enclosed in two volumes. One dealing with the classification study and the other dealing with the compensation recommendations.

This report is designed to communicate what our process was and how the recommendations were developed for each aspect of the study.

We appreciate the assistance of everyone involved, from the employees who participated in the PIO process to the members of the HR staff who provided us with timely data, scheduling assistance and regular feedback on the study products. This has been a highly participative study and open process. We understand the commitment of everyone involved to make this a transparent and useful product.

Best Regards,
~ President/ CEO
2 Ewing Consulting-City of San Clemente Classification and Compensation Study Final Report 8 3
Overview of the Project
We have completed our project with the City of San Clemente to update the current Classification program and to survey the local market to determine competitive base salaries for permanent, full-time positions covering the overall City organization. Our report is included and organized in two major sections; Classification and Compensation Plan.

CLASSIFICATION STUDY
Section I:

The study included positions assigned to about 120 classifications. The objective of the classification study was to review each position in the City using a Position Description Questionnaire (PIQ) completed by the incumbent. The question addressed was this:

Based on the information provided regarding the duties assigned to each position, do we have the person in the appropriate classification to best describe the nature of the work being performed and the necessary requirements to perform the duties assigned.

Section II:

In order to initiate the classification element of study, we personally distribute the Position Information Questionnaire (PIQ) form used by our firm to gather data regarding the duties assigned to each position in the City. These orientation programs included a complete description of the process to be used to understand and document the most current distribution of essential duties to each employee. We made our PIQ available to be completed online or a standard printed form at the discretion of the employee.

There was a great deal of interest in both the classification and the salary survey methodology and we were able to lead discussions with all employees about how these studies were conducted.

We received a PIQ from each employee that was reviewed by the employee's immediate supervisor, whose role was to assure an accurate and complete description of the duties and responsibilities assigned to each employee. Our consultants reviewed each PIQ and arranged an interview with at least one employee in each current classification. We also arranged interviews with each employee who requested an interview.

Ewing Consulting-City of San Clemente Classifica ti on and Compensation Study Final Report 9 4
Section Ill:

The purpose of the interview was to give employees the opportunity to better explain their role and to clarify organizational structures and reporting relationships. Once the interviews were complete, we were able to properly classify each employee including job title and description. We updated classification descriptions as appropriate and prepared an allocation listing communicating which employee should be assigned to each class.

The study included a careful review of the current job description and included an analysis of the duties assigned in relation to the titles currently in practice. It is important to title a classification based on overall standards applied consistently in the overall organization so that the subject matter of the work and the relative level of the work to be performed are clear.

We utilized the following standards to define the relative level of the work assigned to each classification. Clearly, the selection of the title for the classification has everything to do with the level and type of work assigned, the organizational placement of the positions in the class and has nothing to do with the relative performance required by each incumbent in the classification. This is not a performance review; rather an opportunity to be consistent in the requirements for each class across the organization.

Generally, the roles were distributed according to the following standards:
• Assistant, Worker, Helper, Clerk- Used to identify entry-level classes which typically require a high school diploma and some experience (0-3 years) and support a function or office entry level work.
• Technician- Paraprofessional level/ Journey level typically associated with two years of college and 2 years' experience requirement.
• Specialist- Regarded as slightly higher Journey level than a technician, this title assumes paraprofessional to entry-level professional status. • Analyst- Professional-level title used with a substantial body of knowledge typically associated with a degree and 1-3 years' experience. • Lead Person- Used for positions which regularly provide work direction and guidance to other positions and do not prepare the performance review nor discipline employees.
• Coordinator- A non-supervisory class with a program responsibility requiring considerable independence of action.
• Supervisor- First line management classification which includes responsibility for the performance review, discipline, direction and training for assigned employees.

Ewing Consulting-City of San Clemente Classificatlon and Compensation Study Final Report 10 5
• Manager- Used for positions which typically direct supervisors or lead classifications and report to directors.
• Director- Used for positions which are involved in planning, organizing and directing a major functional area and report to a top-level administrator. • Paraprofessional- Used for classes like Technicians, Specialists, and certain Instructional classes which typically require any combination of 2 years of education beyond high school plus at least 2 years related experience. • Professional- Classifications requiring at least a Bachelors Degree and/ or equivalent certification.

Based on our analysis of each position, we prepared an allocation listing and assigned each position to a classification which best fit the duties assigned. Please note that people who did not complete a PIQ were not assigned to a classification since we had no data to make the classification recommendation. The Allocation Listing is the reference document used to make our recommendations regarding each position in the study.

Ewing Consulting-City of San Clemente Classification and Compensation Study Final Report 11 6
Compensation Plan
The data included in this report reflects that the City's classifications, when compared to the local market, are a mix of being at, below or above the market median.

Process
The first and most difficult matter in this analysis was the determination of the comparable cities and other agencies with which the City wishes to compare its base salaries. Since the City does not have a negotiated policy regarding the selection of agencies, we suggested that the criteria for inclusion on the list of participants be as follows:

1. Primarily City governments within Orange County and adjacent counties with a population size up to 120,000.

2. City governments preferably with water and wastewater utilities.

3. Preference to nearby resort communities.

These criteria, because of the geographical proximity, control the cost of living, although we received considerable input from employees that San Clemente 's cost of living is very high for the area. The list also includes separate utilities to assure that we have sufficient data to calculate the market median for each classification. These additional utility districts were only utilized for the non-exempt classes within the utilities divisions.

Likewise, we also added public courses in Orange County since there were insufficient numbers of golf courses in the selected cities to make recommendations.

The list of comparable agencies selected to be surveyed is included as Exhibit B. Our review included collecting job descriptions from participants, where available, to determine compatibility with the benchmark descriptions. The agency's websites were utilized to collect the base salary data.

We utilized about 60 benchmark classes to create a point of reference within each job family to establish a relationship between San Clemente classes and the market as a whole. Since we did not receive direction to the contrary, we compared benchmarks with the median of the market data. We then used the market median to establish an appropriate range on your salary schedule for the benchmarks and other related jobs in the family. The range decisions are found in Exhibit C of this report. The methodology incorporates the benchmarks, "Market Pricing", and whole job ranking within the family of classes.

In Summary, considering about 60 benchmarks, the City of San Clemente pays below the market median in the majority of classes. However, there are considerable differences between the various job families. Exhibit C is designed to show the Ewing Consulting-City of San Clemente Classification and Compensation Study Final Report 12 7
benchmark survey results and the recommendations for change which are drawn from the overall job family analysis.

Benchmarks were selected on the basis of representing other jobs around them and known to exist in other organizations. We were careful to utilize comparison jobs in other cities meeting this standard of the "rule of 80" which stipulates that 80% of the essential functions need to be the same in comparison to the San Clemente classification. We use the top step of the comparable classes to compare with San Clemente's top step. This is standard practice in these types of surveys based on the top being representative of the value of the classification.

Exhibit C displays the results of the survey at the median level. Overall, salaries recommended to increase represent 65% of the classes. No classification has been recommended to be decreased, even if currently paid over the market rate.

Implementation Strategies
Recommendations for the placement of San Clemente classes on the salary schedule are included as Exhibit C of this report. These recommendations are based on "top-step to top-step comparisons", there are some alternatives available in terms of how to implement this type of study. While there are alternative methods, This City has an existing policy regarding dealing with these matters.

Ewing Consulting-City of San Clemente Classification and Compensation Study Final Report 13 8
Exhibit A: Revised Job Descriptions
This Exhibit has been provided under separate cover and represents the class descriptions which have changed substantially from the current description or represents a new class. The classifications are basically the same format as you are currently using.

Ewing Consulting-City of San Clemente Classification and Compensation Study Final Report 14 9
Exhibit B: San Clemente Selected Survey
Participants
Ewing Consulting-City of San Clemente Classification and Compensation Study Final Report 15 Exhibit B:City of San Clemente Selected Survey Participants Criteria: *Geography within specified area (typically 50 mile radius). *Population size: up to 120,000.
*City governments preferred with utilities (water/ wastewater). *Preference to beach/ resort communities and adjacent cities.

San Clemente Population- 64,293
Data taken from 2020 Census
Selection of Survey Cities
Carlsbad
Dana Point
Encinitas
Fountain Valley
Laguna Beach
Mission Viejo
Newport Beach
Oceanside
San Marcos
Tustin
Vista
Westminster
Possible Survey of Public Courses (NE)
Arroyo Trabuco Golf Club
Monarch Beach Golf Links
San Juan Hills Golf Links
Possible Survey of Water Districts (NE)
El Toro Water City
Moulton Niguel Water City
Santa Margarita Water City
South Coast Water City
Trabuco Water City
Prepared by Ewing Consulting .

Population
114,746
33,107
59,518
57,047
23,032
93,653
85,239
174,068
94,833
80,276
93,834
89,701
Golf Course NE Positions
Golf Course NE Positions
Golf Course NE Positions
Utilities NE Positions
Utilities NE Positions
Utilities NE Positions
Utilities NE Positions
Utilities NE Positions
Water/ Wastewater Division
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Refused to participate
Refused to participate
10 Ewing Consulting-City of San Clemente Classification and Compensation Study Final Report 16 11
Exhibit C: Salary Range
Recommendations
Ewing Consulting-City of San Clemente Classification and Compensation Study Final Report 17 Exhibit C: City of San Clemente - Range Recommendations General Clerical/ Administrative Services
Current Recommended
Current Classification Recommended Classification Range Range Senior Management Analyst NEW 63
Management Analyst II 55 59
Management Analyst I • 52 55
Senior Administrative Assistant (NC) 47 47
Administrative Assistant • 42 42
Senior Office Specialist 37 37
Senior Customer Svc Specialist 37 37
Customer Service Specialist II 35 35
Office Specialist II * 35 35
Customer Service Specialist I 29 29
Office Specialist I 29 29
City Manager
Current Recommended
Current Classification Recommended Classification Range Range Assistant to the City Manger • Principal Management Analyst 64 67 Exec. Assistant(Conf)-CM 53 53
City Clerk
Current Recommended
Current Classification Recommended Classification Range Range Legislative Administrator • 70 72
Deputy City Clerk • so 53
Records Management Coordinator 46 48

FINANCE & ADMINISTRATIVE SERVICES
Administration
Current Recommended
Current Classification Recommended Classification Range Range FAS Director/ Assistant City Manager Chief Administrative Officer/ACM 88 92 Senior Administrative Assistant (Conf) 49 49
Finance
Current Recommended
Current Classification Recommended Classification Range Range Financial Services Officer • Finance Manager 74 77
Senior Accountant * Accounting Supervisor (M) 60 64
Revenue Supervisor • 52 56
Senior Accounting Specialist 42 45
Accounting ll;UB II, Business Lie. Specialist • 37 41
Accounting Specialist I, UB Specialist I 33 37
18 Human Resources
Current Recommended
Current Cl,1ssificatlon Recommended Classification Range Range HR Manager * 74 77
HR Analyst II (cont) 57 59
HR Analyst I (cont) * 52 54
HR Specialist (cont) 44 46
Information Technology
Current Recommended
Current Classification Recommended Classification Range Range Information Technology Manager* 73 75
Senior IT Analyst NEW 61
IT Analyst II * 57 57
Gl5 Coordinator • 57 57
Systems Applications Analyst 54 57
IT Analyst I * 50 52

COMMUNITY DEVELOPMENT DEPARTMENT
Building
Current Recommended
Current Classification Recommended Classification Range Range Building Official * 75 75
Senior Plan Check Engineer Senior Plans Examiner 72 66
Senior Plans Examiner NEW 66
Plans Examiner * Plans Examiner II 54 62
Senior Building Inspector 57 61
Plans Examiner Plans Examiner I 54 58
Building Inspector II 51 55
Building Inspector I * 47 51
Senior Permit Technician 47 48
Permit Technician* 42 43
Code Compliance
Current Recommended
Current Classification Recommended Cla~sification Range Range Code Compliance Manager * 66 66
Senior Code Compliance Officer 55 56
Code Compliance Officer • 48 49
Community Outreach Worker (LT) * Community Outreach Worker 42 47 Code Compliance Technician • 42 44
Park Ranger Supervisor 42 42
Senior Park Ranger * 33 33
19 Planning
Current Recommended
CurrE!nt Classification Recommel)ded Classificatior:i Range Range Community Dev. Director-CD * 82 86
Deputy Community Dev Director 76 77
Senior Planner * 61 62
Economic Development Officer 59 59
Associate Planner II Lead Project Planner 57 59
Associate Planner II 57 57
Associate Planner I • 55 55
Assistant Planner so 50
Community Development Technician I • Planning Technician 45 45

PUBLIC WORKS
Engineering
Current Recommended
Current Classification Recommended Classification Range Range Public Works Dir/City Engineer• 84 88
Deputy Public Works Director 77 79
Assistant City Engineer NEW 75
Principal Civil Engineer 72 73
Senior Civil Engineer 68 68
Associate Civil Engineer • 64 64
Assistant Engineer 60 62
Senior Construction Inspector 57 59
Construction Inspector • 51 S3
Senior Engineer Technician • 52 S2
Maintenance
Current Recommended
Current Classification Recommended Classificat ion Range Range Maintenance Manager• 72 72
Maintenance Operations Supervisor 62 62
Maintenance Inspection Coordinator 54 54
Electrical Coordinator 54 54
Facilities Maintenance Coordinator• 54 54
Electrician II * 49 49
Senior Facilities Maintenance. Specialist 49 50
Contract Maintenance Coordinator 47 47
Facilities Maintenance Specialist II 47 47
Maintenance Contract Inspector 46 46
Maintenance Leadworker * 43 45
Facilities Maintenance Specialist I • 45 45
Electrician I 43 43
Maintenance Worker II 37 40
Facilities Maintenance Technician NEW 40
Maintenance Worker I • 33 37
20 BEACHES PARKS AND RECREATION
Recreation
Current Recommended
Current Classification Recommended Classif ication Range Range Beaches, Parks & Recreation Director * 78 83
Recreation Manager 68 68
Aquatics Supervisor 55 55
Recreation Supervisor * 52 52
Recreation Coordinator * 43 45
Recreation Specialist * 28 33
Golf
Current Recommended
Current Classification Recommended Classification Range Range Golf Course Manager* 62 62
Golf Course Mechanic • 43 45
Golf Course Lead Worker 43 43
Golf Course Maintenance Worker 35 37
Golf Course Groundskeeper II * 17 24
Golf Course Groundskeeper I 13 20
Marine Safety -
Current Recommended
Current Classification Recommended Classification Range Range Marine Safety Captain Marine Safety Chief 66 71
Marine Sa fety Lieutenant * 56 58
Marine Safety Officer * so 52

UTILITIES
Utilities
Current Recommended
Current Classificati<m Recommended Classification Range Range Utilities Director • Deputy Public Works Director 84 79 Utilities Manager* 76 79
Assistant Utilities Manager Utilities Superintendent Water Operations 68 72 Operations Supervisor-sewer * Utilities Superintendent Environmental Ops 62 72 Utilities Maintenance Supervisor Utilities Superintendent Coll & Maintenance. 62 72 SCADA Specialist 61 62
Chief Operator- Water Reclamation * 60 61
Utilities Chief Mechanic 58 61
Laboratory Coordinator 58 61
Chief Operator (Distribution/Collections) * 58 61
Systems Operator/ Water Quality Coord. Chief Operator Water Systems 54 61 CMMS Coordinator 58 60
Environmental Programs Supervisor Environmental Programs Analyst 58 59 Lead Electrical Instrumentation Tech. 58 58
Plant Operator Ill • 54 57
21 Water Conservation Analyst
Plant Operator II
Electrical Instrumentation Technician II
Recycled Water Specialist
Lead Operator-sewer/sanitation
Lead Operator- Water
Collection Systems Operator II *
Distribution Operator II *
Utilities Mechanic II
Electrical Instrumentation Technician I *
Environmental Services Coordinator
Utilities Mechanic I *
Collection Systems Operator I
Distribution Operator I
Maintenance Leadworker- Water
* Denotes classification used as a benchmark
Range Change= 2.5% per range
55 55
System Operator 47 55
49 55
Regulatory Compliance Analyst 48 55
49 54
49 54
47 50
47 so
47 so
46 50
44 47
43 47
42 47
42 47
43 45
ATTACHMENT 2
RESOLUTION NO. 23-157

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING REVISED

SALARY SCHEDULE AND NEW CLASSIFICATIONS AND
AMENDING RESOLUTION NO. 23-57 AND ANY OTHER

RESOLUTIONS IN CONFLICT THEREWITH
WHEREAS, Section 37206 of the Government Code requires the City Council to prescribe the time and method of paying salaries and wages of officers and employees of the City; and
WHEREAS, the City Council is authorized and directed under the provisions of its adopted Personnel Rules and Regulations to prepare the compensation schedules covering all classes of positions in the competitive service; and WHEREAS, a classification and compensation study of the benefited classifications was undertaken and the findings and recommendations have been presented to the City Council; and
WHEREAS, the study recommends certain changes to classification and/or compensation and the City Council desires to implement those changes.

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

Section 1. The foregoing recitals are true and correct and incorporated herein.

Section 2. Resolution No. 23-57 is hereby amended to make the following changes:
 Implement the following changes to classifications in various City Departments:
o Community Development Department: reclassify one Customer Service Specialist II (1 FTE) to Senior Customer Service Specialist (1 FTE) at range 37, reclassify one Associate Planner II (1 FTE) to Lead Project Planner (1 FTE) at range 59 and approve the job description, reclassify one Plans Examiner (1 FTE) to Plans Examiner I (1 FTE) at range 58 and approve the job description, reclassify one Plans Examiner (1 FTE) to Plans Examiner II (1 FTE) at range 62 and approve the job description, reclassify the Senior Plan Check Engineer (1 FTE) to Senior Plans Examiner (1 FTE) at range 66 and approve the job description, retitle the Community Development Technician I (1 FTE) to Planning Technician (1 FTE) at grade 45 and approve the job description, change the status of the Community Outreach Worker Limited Term (2 FTE) to Community Outreach Worker (2 FTE) at range 47.
o Public Works Department: retitle the Environmental Programs Supervisor (1 FTE) to Environmental Programs Analyst (1 FTE) at range 59 and approve the job description, reclassify one Principal Civil Engineer (1 FTE) to Assistant City Engineer (1 FTE) at range 75 and approve the job description, reclassify one 22 Resolution No. 23-157 Page 2
Maintenance Worker I (1 FTE) to Facilities Maintenance Technician (1 FTE) at range 40 and approve the job description.
o City Manager: reclassify the FAS Director/Assistant City Manager (1 FTE) to Chief Administrative Officer/Assistant City Manager (1 FTE) at grade 92 and approve the job description, reclassify the Assistant to the City Manager (1 FTE) to Principal Management Analyst (1 FTE) at range 67 and approve the job description,
o Public Safety: reclassify the Marine Safety Captain (1 FTE) to Marine Safety Chief (1 FTE) at range 71 and approve the job description.
o Finance & Administrative Services Department: reclassify the Financial Services Officer (1 FTE) to Finance Manager (1 FTE) at range 77 and approve the job description, reclassify the Senior Accountant (1 FTE) to Accounting Supervisor (1 FTE) at range 64, designate the classification as mid-management and approve the job description, create the classification of Senior IT Analyst at range 61 and approve the job description, reclassify two IT Analyst II (2 FTE) to Senior IT Analyst (2 FTE), create the classification of Senior Management Analyst at range 63 and approve the job description.
o Utilities Department: reclassify the Utilities Director (1 FTE) to Deputy Public Works Director (1 FTE) at range 79, reclassify the Assistant Utilities Manager (1 FTE) to Utilities Superintendent Water Operations (1 FTE) at range 72 and approve the job description, reclassify the Utilities Operations Supervisor (1 FTE) to Utilities Superintendent Environmental Operations (1 FTE) at range 72 and approve the job description, reclassify the Utilities Maintenance Supervisor (1 FTE) to Utilities Superintendent Collections and Maintenance (1 FTE) at range 72 and approve the job description, reclassify the Systems Operator/Water Quality Coordinator (1 FTE) to Chief Operator Water Systems at range 61 and approve the job description, create the classification of System Operator at range 55 and approve the job description, reclassify the Plant Operator II (1 FTE) to System Operator (1 FTE) and reclassify one Distribution Operator II (1 FTE) to System Operator (1 FTE), reclassify the Recycled Water Specialist (1 FTE) to Regulatory Compliance Analyst (1 FTE) at range 55 and approve the job description.
o Implement a 2.3% increase for all benefited classifications effective January 8, 2024.
 Adjust the salary ranges for the following classifications in the table as follows:

GENERAL ADMINISTRATIVE
Classification Current Range New Range
Management Analyst II 55 59
Management Analyst I 52 55

CITY CLERK
Classification Current Range New Range
Legislative Administrator 70 72
Deputy City Clerk 50 53
Records Management Coordinator 46 48

FINANCE
Classification Current Range New Range
23 Resolution No. 23-157 Page 3
Revenue Supervisor 52 56
Senior Accounting Specialist 42 45
Utility Billing Coordinator 42 44
Accounting Specialist II 37 41
Business License Specialist 37 41
Utility Billing Specialist II 37 41
Accounting Specialist I 33 37
Utility Billing Specialist I 33 37

HUMAN RESOURCES
Classification Current Range New Range
HR Manager 74 77
HR Analyst II (Confidential) 57 59
HR Analyst I (Confidential) 52 54
HR Specialist (Confidential) 44 46

INFORMATION TECHNOLOGY
Classification Current Range New Range
Information Technology Manager 73 75
Systems Applications Analyst 54 57
IT Analyst I 50 52

BUILDING
Classification Current Range New Range
Senior Building Inspector 57 61
Building Inspector II 51 55
Building Inspector I 47 51
Senior Permit Technician 47 48
Permit Technician 42 43

CODE COMPLIANCE
Classification Current Range New Range
Senior Code Compliance Officer 55 56
Code Compliance Officer 48 49
Code Compliance Technician 42 44

PLANNING
Classification Current Range New Range
Community Development Director 82 86
Deputy Community Dev. Director 76 77
Senior Planner 61 62
GOLF
Classification Current Range New Range
Golf Course Mechanic 43 45
Golf Course Maintenance Worker 35 37
Golf Course Groundskeeper II 17 24
Golf Course Groundskeeper I 13 20

ENGINEERING
Classification Current Range New Range
24 I I
Resolution No. 23-157 Page 4
Public Works Dir/City Engineer 84 88
Deputy Public Works Director 77 79
Principal Civil Engineer 72 73
Assistant Engineer 60 62
Senior Construction Inspector 57 59
Construction Inspector 51 53

MAINTENANCE
Classification Current Range New Range
Sr. Facilities Maintenance Specialist 49 50
Maintenance Leadworker 43 45
Maintenance Worker II 37 40
Maintenance Worker I 33 37

RECREATION
Classification Current Range New Range
Beaches Parks & Rec. Director 78 83
Recreation Coordinator 43 45
Recreation Specialist 28 33

UTILITIES
Classification Current Range New Range
Utilities Manager 76 79
SCADA Specialist 61 62
Chief Operator Water Reclamation 60 61
Utilities Chief Mechanic 58 61
Laboratory Coordinator 58 61
Chief Operator 58 61
CMMS Coordinator 58 60
Plant Operator III 54 57
Electrical Instrumentation Tech II 49 55
Lead Operator 49 54
Collection Systems Operator II 47 50
Distribution Operator II 47 50
Utilities Mechanic II 47 50
Electrical Instrumentation Tech I 46 50
Environmental Services Coord 44 47
Utilities Mechanic I 43 47
Collection Systems Operator I 42 47
Distribution Operator I 42 47
Maintenance Leadworker 43 45

MARINE SAFETY
Classification Current Range New Range
Marine Safety Lieutenant 56 58
Marine Safety Officer 50 52
With regrade of the classification, place current employees in the step of the range 25 Resolution No. 23-157 Page 5
per section 10.14 of the personnel rules - Compensation on Change in Range Assignment. The salary anniversary shall not change except where incumbents receive the step that provides for 5% where it has been more than one year since a last merit increase. In that case, the effective date will be assigned as the new salary anniversary date.
 Eliminate the following classifications:
o Ocean Lifeguard Supervisor
o Plant Operator I
o Laboratory Technician I
o Laboratory Technician II
o Payroll Coordinator
Section 3. The amended and restated Benefited Employees salary schedule effective January 8, 2024 that implements a 2.3% increase is attached and incorporated fully herein, is hereby approved.

Section 4. A supplemental appropriation in the amount of $487,000 to salaries and benefits, with $316,000 to the General Fund and $171,000 to the Water, Sewer, Golf, Solid Waste, and Information Technology Funds is hereby approved.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
26 Resolution No. 23-157 Page 6

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. 23-157 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:

2.5% Between Ranges, 5.0% Between Steps (M) Mid-Management Adopted 12/5/2023; Effective 1/8/2024 (NC) Non-Confidential Revision Date: 12/5/2023
Range Pay Entry Maximum
Number Title Period Step A Step B Step C Step D Step E
20 Golf Course Groundskeeper I Hourly $17.37 $18.24 $19.16 $20.11 $21.12 Monthly $3,011.54 $3,162.11 $3,320.22 $3,486.23 $3,660.54 21 Hourly $17.80 $18.69 $19.62 $20.60 $21.63
Monthly $3,084.99 $3,239.24 $3,401.20 $3,571.26 $3,749.82 22 Hourly $18.24 $19.16 $20.11 $21.12 $22.17
Monthly $3,162.11 $3,320.22 $3,486.23 $3,660.54 $3,843.57 23 Hourly $18.69 $19.62 $20.60 $21.63 $22.72
Monthly $3,239.24 $3,401.20 $3,571.26 $3,749.82 $3,937.31 24 Golf Course Groundskeeper II Hourly $19.16 $20.11 $21.12 $22.17 $23.28 Monthly $3,320.22 $3,486.23 $3,660.54 $3,843.57 $4,035.75 25 Hourly $19.62 $20.60 $21.63 $22.72 $23.85
Monthly $3,401.20 $3,571.26 $3,749.82 $3,937.31 $4,134.18 26 Hourly $20.11 $21.12 $22.17 $23.28 $24.45
Monthly $3,486.23 $3,660.54 $3,843.57 $4,035.75 $4,237.53 27 Hourly $20.60 $21.63 $22.72 $23.85 $25.04
Monthly $3,571.26 $3,749.82 $3,937.31 $4,134.18 $4,340.89 28 Hourly $21.12 $22.17 $23.28 $24.45 $25.67
Monthly $3,660.54 $3,843.57 $4,035.75 $4,237.53 $4,449.41 29 Customer Service Specialist I Hourly $21.63 $22.72 $23.85 $25.04 $26.30 Office Specialist I Monthly $3,749.82 $3,937.31 $4,134.18 $4,340.89 $4,557.93 30 Hourly $22.17 $23.28 $24.45 $25.67 $26.95
Monthly $3,843.57 $4,035.75 $4,237.53 $4,449.41 $4,671.88 31 Hourly $22.72 $23.85 $25.04 $26.30 $27.61
Monthly $3,937.31 $4,134.18 $4,340.89 $4,557.93 $4,785.83 32 Hourly $23.28 $24.45 $25.67 $26.95 $28.30
Monthly $4,035.75 $4,237.53 $4,449.41 $4,671.88 $4,905.47 33 Recreation Specialist Hourly $23.85 $25.04 $26.30 $27.61 $28.99 Senior Park Ranger Monthly $4,134.18 $4,340.89 $4,557.93 $4,785.83 $5,025.12 34 Hourly $24.45 $25.67 $26.95 $28.30 $29.72
Monthly $4,237.53 $4,449.41 $4,671.88 $4,905.47 $5,150.75

Page 1 of 7 ends

San Clemente City CouncilDecember 5, 2023

San Clemente City Council
December 5, 2023