Agenda packet — San Clemente City Council, March 5, 2024 (part 2 of 2)

and original receipt for the payment of such tax, assessment, or installment shall be delivered to Lessor upon request.
(4) Lessee shall indemnify and hold Lessor, the Lease Premises, and any Improvements now or hereafter located thereon, free and harmless from any liability, loss, or Damages resulting from any taxes, assessments, or other charges required by this Lease to be paid by Lessee and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments, or other charges.

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

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

Should Lessor fail to exercise such right effective on any fifth anniversary, it may do so effective on any one (1) of the next four (4) anniversaries following such fifth anniversary without prejudice to its right to effect such modification on the next or any succeeding fifth anniversary. No such modification shall become effective unless Lessee is given at least thirty (30) days’ notice prior to the date of the Commission meeting wherein the modification of the bond or security is considered, or thirty (30) days’ notice prior to the 148
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effective date of the increase, whichever provides more notice. (c) The surety bond or other security device shall be maintained in full force and effect at all times during the Lease term and subsequently until Lessor has either accepted all of the Lease Premises as improved or restored by Lessee as provided elsewhere in this Lease.

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

11. ASSIGNMENT, ENCUMBRANCING OR SUBLETTING
(a) Lessee shall not either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease and shall not sublet the Lease Premises, in whole or in part, or allow any person other than the Lessee's employees, agents, servants and invitees to occupy or use all or any portion of the Lease Premises without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (1) Notwithstanding the foregoing prohibition against transfer and assignment, the Lease may be transferred by Lessee if the transfer is caused by the death of a spouse and the full interest of the deceased spouse is transferred to a surviving spouse; or the transfer is caused by the dissolution of the marriage of Lessee and the full interest of one of the spouses is transferred to the other spouse. In the event of such a transfer, Lessor shall be notified in writing within 30 days of the transfer.
(2) Notice to Lessor of Successor Trustee(s): In the event this Lease is held in trust, and the Lessee is a trustee thereof, the substitution or succession of a new trustee shall not be an assignment or transfer for the purposes of this Paragraph. Lessee (and by operation of law, any successor trustee) agrees to provide prompt notice to Lessor of any succession or substitution of trustee in accordance with Paragraph 16(c) of General Provisions, no later than sixty (60) days after the named trustee as appears on the face of this Lease becomes unable or ceases to serve as trustee for any reason. (b) The following shall be deemed to be an assignment or transfer within the meaning of this Lease:
(1) If Lessee is a business entity, any dissolution, merger, consolidation or other reorganization of Lessee, or the sale or other transfer of substantially all the assets of Lessee. If Lessee is a publicly traded entity, transfers of interests in Lessee shall not constitute an assignment requiring the consent of Lessor. (2) If Lessee is a partnership, a transfer of any interest of a general partner, a withdrawal of any general partner from the partnership, or the dissolution of the partnership. (c) If this Lease is for sovereign lands appurtenant to adjoining littoral or riparian land, Lessee shall not transfer or assign its ownership interest or use rights in such adjoining lands 149
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separately from the leasehold rights granted herein without the prior written consent of Lessor.
(d) If Lessee desires to assign, sublet, encumber or otherwise transfer all or any portion of the Lease Premises, Lessee shall do all of the following:
(1) Give not less than 90 days’ prior written notice to Lessor; (2) Provide the name, complete business organization, operational structure, and formation documents of the proposed assignee, sublessee, secured third party, or other transferee; and the nature of the use of and interest in the Lease Premises proposed by the assignee, sublessee, secured third party or other transferee. (3) Provide the terms and conditions of the proposed assignment, sublease, or encumbrance or other transfer;
(4) Provide audited financial statements for the two most recently completed fiscal years of the proposed assignee, sublessee, secured party or other transferee; and provide pro forma financial statements showing the projected income, expense and financial condition resulting from use of the Lease Premises; and (5) Provide such additional or supplemental information as Lessor may reasonably request concerning the proposed assignee, sublessee, secured party or other transferee.
(6) Lessor will evaluate proposed assignees, sublessees, secured third parties and other transferees and grant approval or disapproval according to standards of commercial reasonableness considering the following factors within the context of the proposed use: the proposed party's financial strength and reliability, their business experience and expertise, their personal and business reputation, their managerial and operational skills, their proposed use and projected rental, as well as other relevant factors. (e) Lessor shall have a reasonable period of time from the receipt of all documents and other information required under this provision to grant or deny its approval of the proposed party. Lessor may reevaluate the rent, insurance and/or bond provisions of this Lease, and may condition its approval of the proposed assignment, sublease, hypothecation, mortgage, or other transfer on the party’s acceptance of the new terms.

Lessee’s rights stated in this paragraph shall apply regardless of whether the proposed transfer coincides with a regular rent review period as stated in Section 3 Paragraph 3(c) above.
(f) Lessee's mortgage or hypothecation of this Lease, if approved by Lessor, shall be 150
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subject to terms and conditions imposed by a separately negotiated encumbrancing agreement.
(g) Upon the express written assumption of all obligations and duties under this Lease by an assignee approved by Lessor, the Lessee may be released from all liability under this Lease arising after the effective date of assignment and not associated with Lessee's use, possession or occupation of or activities on the Lease Premises; except as to any hazardous wastes, substances or materials as defined under federal, state or local law, regulation, or ordinance manufactured, generated, used, placed, disposed, stored or transported on the Lease Premises during Lessee’s tenancy. (h) If the Lessee files a petition or an order for relief is entered against Lessee, under Chapters 7, 9, 11 or 13 of the Bankruptcy Code (11 USC Sect. 101, et seq.) then the trustee or debtor-in-possession must elect to assume or reject this Lease within sixty (60) days after filing of the petition or appointment of the trustee, or the Lease shall be deemed to have been rejected, and Lessor shall be entitled to immediate possession of the Lease Premises.

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

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

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

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

13. RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS (a)Restoration of Lease Premises
(1) Upon expiration or sooner termination of this Lease, Lessee must immediately surrender possession of the Lease Premises to Lessor. Prior to the time of surrender, Lessee must remove all or any Improvements together with the debris and all parts of any such Improvements at its sole expense and risk, regardless of whether Lessee 153
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actually constructed or placed the Improvements on the Lease Premises; or Lessor, at its sole and absolute discretion, may itself remove or have removed all or any portion of such Improvements at Lessee's sole expense. Lessor may waive all or any part of this obligation in its sole discretion if doing so is in the best interests of the State. (2) As a separate and related obligation, Lessee shall restore the Lease Premises as nearly as possible to the conditions existing prior to the installation or construction of any Improvements. For purposes of this Lease, restoration includes removal of any landscaping; removal of any Hazardous Materials; and to the extent possible, undoing any grading, fill, excavation, or similar alterations of the natural features of the Lease Premises. Lessor may waive all or any part of this obligation in its sole and absolute discretion.
(3) Unless otherwise provided for in this Lease, Lessee shall submit to Lessor no later than one (1) year prior to the expiration of this Lease either: (a) an application and minimum expense deposit for a new lease for the continued use of the Lease Premises, or (b) a plan for the restoration of the Lease Premises to be completed prior to the expiration of the lease term together with a timeline for obtaining all necessary permits and conducting the work prior to the expiration of this Lease. (4) In removing any or all Improvements, or conducting any restoration work, Lessee shall be required to obtain any permits or other governmental approvals as may then be required by any Regulatory Agency, including, without limitation, any Environmental Law.
(5) Lessor may, upon written notice, in its sole and absolute discretion, accept title to any or all Improvements at the termination of this Lease. Lessor shall notify Lessee that Lessor intends to take title to any or all Improvements within six (6) months of Lessee submitting a plan for restoration under Paragraph 13(a)(3)(b) above. If Lessor elects to take title to any such Improvements, Lessee shall deliver to Lessor such documentation as may be necessary to convey title to such Improvements to Lessor free and clear of any liens, mortgages, loans, or any other encumbrances. Lessor shall not pay, and Lessee shall not be entitled to compensation for Lessor’s taking title to such property.
(b) Environmental Matters
(1) Lessee’s Obligations:
(i) Lessee will not use, occupy, or permit any portion of the Lease Premises to be used or occupied in violation of any Environmental Law. Lessee shall not manufacture or generate or store Hazardous Material on the Lease Premises unless 154
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specifically authorized under other terms of this Lease. (ii) Lessee shall practice conservation of water, energy, and other natural resources. (iii) Lessee shall notify Lessor and the appropriate governmental emergency response agency, or agencies immediately in the event of any release or threatened release of any Hazardous Material.
(2) Lessor may at any time during the Lease term require Lessee to conduct at its own expense and by a contractor approved by Lessor an independent environmental site assessment or inspection for the presence or suspected presence of Hazardous Material generated, used, placed, disposed, stored, or transported on the Lease Premises during the term of the Lease. Lessee shall provide the results of the assessment or inspection to Lessor and the appropriate governmental response agency or agencies and shall further be responsible for removing or taking other appropriate remedial action regarding such Hazardous Material in accordance with applicable Environmental Law.
(3) Environmental Indemnity.

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

14.QUITCLAIM
Lessee shall, upon the early termination of this Lease and at Lessor’s request, execute and 155
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deliver to Lessor in a form provided by Lessor a good and sufficient release of all rights under this Lease. Should Lessee fail or refuse to deliver such a release, Lessor may record a written notice reciting such failure or refusal. This written notice shall, from the date of its recordation, be conclusive evidence against Lessee of the termination of this Lease and all other claimants.

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

16.ADDITIONAL PROVISIONS
(a) Waiver
(1) No term, covenant, or condition of this Lease and no omission, neglect, Default or Breach of any such term, covenant or condition shall be deemed to have been waived by Lessor's acceptance of a late or nonconforming performance or otherwise, unless such a waiver is expressly acknowledged by Lessor in writing. No delay or omission of Lessor to exercise any right or power arising from any omission, neglect, 156
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Default or Breach of term, covenant, or condition of this Lease shall be construed as a waiver or any acquiescence therein.
(2) Any such waiver shall not be deemed to be a waiver of any other term, covenant or condition; of any successive Breaches of the same term, covenant, or condition; or of any other Default or Breach of any term, covenant or condition of this Lease. (b) Time
Time is of the essence for this Lease and each and all of its terms, covenants or conditions in which performance is a factor.
(c) Notice
All notices required to be given under this Lease shall be given in writing, sent by U.S.

Mail with postage prepaid, to Lessor at the offices of the State Lands Commission and the Lessee at the address specified in this Lease. Lessee shall give Lessor notice of any change in its name or address.
(d)Consent
Where Lessor's consent is required under this Lease its consent for one transaction or event shall not be deemed to be a consent to any subsequent occurrence of the same or any other transaction or event.
(e)Changes
This Lease may be terminated and its term, covenants, and conditions amended, revised, or supplemented only by mutual written agreement of the parties. (f) Successors
The terms, covenants, and conditions of this Lease shall extend to and be binding upon and inure to the benefit of the heirs, successors, and assigns of the respective parties.
(g) Joint and Several Obligation
If more than one Lessee is a party to this Lease, the obligations of the Lessees shall be joint and several.
(h) Captions
The section and paragraph captions used in this Lease are for the convenience of the parties. The captions are not controlling and shall have no effect upon the construction or interpretation of this Lease.
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(i) Severability
If any term, covenant or condition of this Lease is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall remain valid and enforceable to the fullest extent permitted by law.
(j) Representations
Lessee agrees that no representations have been made by Lessor or by any person or agent acting for Lessor. Lessor and Lessee agree and acknowledge that this document contains the entire agreement of the parties, that there are no verbal agreements, representations, warranties or other understandings affecting this Lease, and Lessor and Lessee, as a material part of the consideration of this Lease, waive all claims against the other for rescission, damages, or otherwise by reason of any alleged covenant, agreement or understanding not contained in this Lease.
(k) Gender and Plurality
In this Lease, the masculine gender includes both the feminine and neuter, and the singular number includes the plural whenever the context so requires. (l) Survival of Certain Covenants
All covenants pertaining to bond, insurance, indemnification, restoration obligations, Breach, Default, and remedies shall survive the expiration or earlier termination of this Lease until Lessee has fulfilled all obligations to restore the Lease Premises as required by this Lease.
(m) Counterparts
This agreement may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement. (n) Delegation of Authority
Lessor and Lessee acknowledge Lessor as defined herein includes the Commission Members, their alternates or designees, and the staff of the Commission. The ability of staff of the Commission to give consent, or take other discretionary actions described herein will be as described in the then-current delegation of authority to Commission staff. All other powers are reserved to the Commission.
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STATE OF CALIFORNIA - STATE LANDS COMMISSION
LEASE 8523
This Lease shall become effective only when approved by and executed on behalf of the State Lands Commission of the State of California and a duly executed copy has been delivered to Lessee. The submission of this Lease by Lessor, its agent, or representative for examination by Lessee does not constitute an option or offer to lease the Lease Premises upon the terms and conditions contained herein, or a reservation of the Lease Premises in favor of Lessee. Lessee's submission of an executed copy of this Lease to Lessor shall constitute an offer to Lessor to lease the Lease Premises on the terms and conditions set forth herein.

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

LESSEE:

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

ATTACH ACKNOWLEDGMENT
LESSOR:

STATE OF CALIFORNIA

STATE LANDS COMMISSION
By: ____________________________
Title: Chief, Land Management Division
Date: ____________________________
Execution of this document was authorized
by the California State Lands Commission
on _______________________________.
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EXHIBIT A
LEASE 8523

LAND DESCRIPTION
Three (3) parcels of tide and submerged land in the bed of the Pacific Ocean situated in the City of San Clemente, County of Orange, State of California, more particularly described as follows:

PARCEL 1 – (Linda Lane Undercrossing Site)
COMMENCING at Orange County Surveyors (OCS) GPS Control Station No. 1220, at the westerly end of Linda Lane Cul-De-Sac, said station is ±70.00 feet westerly of radius point of the Cul-De-Sac and ±20.00 feet southerly of the A.C. driveway to the railroad crossing. Said Station being a 2-inch iron pipe with a punched spike and OCS washer stamped “MLLW-8 11-94”; the California State Plane Coordinates of said Station No. 1220 as published (in the U.S. Survey Feet) in the OCS CCS 83, Zone VI (Epoch 1991.35) Horizontal Control System are: Northing = 2100304.011 and Easting = 6142777.830; thence S 85º 07’ 43” W 111.79 feet to a point in the centerline of the existing tracks of the Octa-Metrolink Railroad right-of-way, said point being the POINT OF BEGINNING of the “Linda Lane Undercrossing“ site, being an 8 foot wide strip of land, lying

4.00 feet of each side of the following described centerlines: thence from said POINT OF BEGINNING N 39º 52’ 37” E 20.00 feet and from said POINT OF BEGINNING S 39º 52’ 37” W 20.00 feet to a point hereafter be referred to as Point “A”.

TOGETHER WITH a portion of land described as follows:

BEGINNING at said Point “A”, being the beginning of a 90 foot wide strip of land, being 45.00 feet of each side of the following described centerline; thence S 39º 52’ 37” W 30.00 feet.

EXCEPTING THEREFROM all that portion lying landward of the Ordinary High Water Mark of the Pacific Ocean.

PARCEL 2 – (Mariposa Under Crossing Site)
COMMENCING at Orange County Surveyors (OCS) GPS Control Station No. 4439R1, at the centerline intersection of Calle Puente and West Canada, said Station being a PK nail and brass washer stamped “LS 5312”; the California State Plane Coordinates of said Station No. 4439R1 as published (in the U.S. Survey Feet) in the OCS CCS 83, Zone VI (Epoch 1991.35) Horizontal Control System are: Northing = 2102115.989 and Easting = 6142869.312; thence S 29º 41’ 14” W 1553.20 feet to a 160

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point in the centerline of the existing tracks of the Octa-Metrolink Railroad right-of-way; thence N 39º 54’ 23” E 15.00 feet to the POINT OF BEGINNING of the “Mariposa Under Crossing” site; thence following nine (9) courses:

1. N 50º 05’ 37” W 7.50 feet;

2. S 39º 54’ 23” W 20.00 feet;

3. N 50º 05’ 37” W 29.00 feet;

4. S 39º 54’ 23” W 37.90 feet;

5. S 50º 05’ 37” E 73.00 feet;

6. N 39º 54’ 23” E 37.90 feet;

7. N 50º 05’ 37” W 29.00 feet;

8. N 39º 54’ 23” E 20.00 feet;

9. N 50º 05’ 37” W 7.50 feet to the POINT OF BEGINNING.

EXCEPTING THEREFROM all that portion lying landward of the Ordinary High Water Mark of the Pacific Ocean.

PARCEL 3 – (El Portal at Grade Crossing Site)
COMMENCING at Orange County Surveyors (OCS) GPS Control Station No. 4439R1, at the centerline intersection of Calle Puente and West Canada, said Station being a PK nail and brass washer stamped “LS 5312”; the California State Plane Coordinates of said Station No. 4439R1 as published in the OCS CCS 83, Zone VI (Epoch 1991.35) are: Northing = 2102115.989 and Easting = 6142869.312; thence S 80º 01’ 05” W 1726.05 feet to a point in the centerline of the existing tracks of the OctaMetrolink Railroad right-of-way, said point being the POINT OF BEGINNING of the “El Portal at Grade Crossing” site, being a 24.50 feet wide strip of land lying 13.00 feet northerly and 11.50 feet southerly, both measured at right angles to the following described lines; thence from said POINT OF BEGINNING N 56º 51’ 39” E 15.00 feet the easterly TERMINUS of said line; and thence from said POINT OF BEGINNING S 56º 51’ 39” W 54.25 feet to the westerly TERMINUS of said line.

EXCEPTING THEREFROM all that portion lying landward of the Ordinary High Water Mark of the Pacific Ocean.

JAMES A KOEPKE
P
R
O

FE S S I ONAL LAND
SURVEY
O
R

STATE OF CAL I FORN I N
A
o . 84 87

END OF DESCRIPTION
Original description prepared by Richard C. Maher, PLS 7564 in the Offices of KDM Meridian, INC on 03/27/2006 as found in PRC 8523 (W25494) file, Calendar Item C55.

Revised on 07/05/2023 by the California .

State Lands Commission Boundary Unit.
161

PACIFIC
OCEAN
PARCEL 1
(LINDA LANE

CROSSING)
SHORELINE APPROX. OCTA-METROLINK

LINDA LANE

W EL PORTAL

RAILROAD W MARIPOSA
PARCEL 2
(MARIPOSA

CROSSING)
PARCEL 3
(EL PORTAL

CROSSING)
LEASE 8523

CITY OF SAN CLEMENTE

GENERAL LEASE -

PUBLIC AGENCY USE

ORANGE COUNTY
MAP SOURCE: USGS QUAD

THIS EXHIBIT IS SOLELY FOR PURPOSES OF GENERALLY DEFINING THE

LEASE PREMISES, IS BASED ON UNVERIFIED INFORMATION PROVIDED BY

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

SHALL IT BE CONSTRUED AS, A WAIVER OR LIMITATION OF ANY STATE INTEREST IN THE SUBJECT OR ANY OTHER PROPERTY. SITE
TS 07/05/2023

NO SCALE EXHIBIT B

NO SCALE SITE

LOCATION
SITES
N
N

CITY OF SAN CLEMENTE PEDESTRIAN BEACH ACCESS

LINDA LANE, MARIPOSA AND EL PORTAL CROSSINGS
162
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 1
Meeting Date: March 5, 2024 Agenda Item: 9C.

Department: Beaches, Parks and Recreation

Subject:
..titl e

CONSIDERATION OF A RESOLUTION AMENDING THE TERM SHEET FOR SALTY TURF

LLC RELATED TO THE DEVELOPMENT OF A MINIATURE GOLF FACILITY AT VISTA HERMOSA SPORTS PARK; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A LEASE ON SAID TERMS; AND FINDING THAT THE MINIATURE GOLF PROJECT IS CATEGORICALLY EXEMPT FROM (14 CCR 15301 and 15303) AND/OR THAT

NO SUPPLEMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IS NECESSARY (14 CCR 15162 AND 15164)
..body
Fiscal Impact:

Entering into this lease agreement will provide an estimated $102,000 in revenue, at minimum, for City-owned facilities. The proposed rent terms are summarized below.

Summary:

Staff has continued negotiations with Salty Turf, LLC to reach mutually acceptable terms and conditions for the use of the designated lease land at the Vista Hermosa Sports Park. Through the negotiation process, Salty Turf has requested modifications to the Term Sheet. Key provisions of the Term Sheet are summarized below. Requested modifications to the Term Sheet are reflected in the Rent Payment section.

If the City Council approves the amended Term Sheet, staff proposes to finalize the negotiations and terms of the Lease Agreement and to have the City Manager execute the Lease in a form approved by the City Attorney consistent with the amended Term Sheet.

Rent Payment: The proposed amended Term Sheet reflects a decrease in the Percentage of Gross Sales from seven percent (7%) to five percent (5%). In summation, rent is proposed at the greater of eight thousand five hundred dollars ($8,500) per month (“Minimum Rent”), or five percent (5%) of Gross Sales (“Base Rent”). The percentage of Gross Sales will be subject to an increase in year 5, and every five (5) years thereafter, based on changes in the Consumer Price Index (CPI). The Base Rent of the Percentage of Gross Sales will be capped at $25,000 per month.

Lease Term: Twenty (20) years with one ten (10) year extension option, subject to mutual agreement upon expiration of the initial lease term.

Permitted Uses: The property will be developed into a 36-hole miniature golf facility, open to the public, as a City recreational use. It will be complemented by a small concession area that will feature local food businesses as vendors.
163
Meeting Date: March 5, 2024 Agenda Item: 9C.

CITY OF SAN CLEMENTE 2
Background:

At its October 17, 2023 meeting, the City Council approved a Term Sheet with Salty Turf for the development of a miniature golf facility with concessions at the Vista Hermosa Sports Park. The Term Sheet provided a basis for Salty Turf to begin its preliminary efforts toward executing a long-term agreement.

To date, the negotiations have addressed maintenance responsibilities, with both parties outlining their expectations regarding property upkeep, repairs, and associated costs. To ensure equitable distribution of maintenance duties, the lease agreement will include provisions specifying each party's responsibilities and obligations in maintaining the property.

Additional terms being discussed during the negotiations have included insurance requirements, subleasing provisions, indemnification, and the conditional use permitting process. The final lease agreement will incorporate mutually agreed-upon terms to address these aspects comprehensively and ensure clarity and compliance.

Council Options:
 Adopt Resolution No. 24-31, which will authorize the City Manager to execute an amendment to the Term Sheet, and complete negotiations and execute a Lease Agreement with Salty Turf, and find that no supplemental review is necessary under the California Environmental Quality Act (“CEQA”).
 Modify and adopt Resolution No. 24-31.
 Continue the item with direction to staff.
 Deny the Amendment to the Term Sheet.

Environmental Review/Analysis
In accordance with the CEQA Guidelines, which are located in Title 14 of the California Code of Regulations, Sections 15000-15387, the proposed development of a miniature golf facility within the Vista Hermosa Sports Park complex has been determined to be categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities) and Section 15303 (New Construction). The leasing, construction and operation of the miniature golf facility align both with the long planned and existing use of the lot for public recreation activities and will not substantially alter its intended purpose.

Following the City Council’s approval of the original Term Sheet with Salty Turf, a Notice of Exemption (“NOE”) was prepared and filed with/posted by the County Clerk on December 21, 2023, which commenced the applicable 35-day statute of limitations period to challenge the City’s determination that the project is categorically exempt from CEQA. No timely legal challenge was filed. A copy of the NOE filed with the County Clerk’s Office is included as Attachment 3.

CITY OF SAN CLEMENTE 3
conjunction with its adoption of the La Pata/Vista Hermosa Park Master Plan in 2006 and amendment of that Park Master Plan in 2009 to, inter alia, specifically add the lease area to be utilized by the miniature golf facility project. Pursuant to CEQA Guidelines Sections 15162 and 15164, no supplemental MND is required because the proposed miniature golf facility project does not entail any changes to that 2009 amended Park Master Plan nor involve any other changed circumstances or new information disclosing any new or more severe impacts that were not already identified and mitigated by the original MND.

Pursuant to the staff reports prepared for both the October 13, 2009 Parks & Recreation Commission and November 17, 2009 City Council meetings associated with the adoption of the amended Park Master Plan, one of the purposes of amending the Park Master Plan to create a lease area was to facilitate efforts to “work[] with a private concessionaire to establish a small miniature golf facility at the park.” (See Attachment 4.) Accordingly, finalizing a term sheet and lease for such a miniature golf facility at the park does not amount to a change in the Master Park Plan, but rather, simply secures the exact type of public recreational facility and use that was envisioned for the lease area of the Park back in 2009. Because the City is not aware of any other relevant changed circumstances or new information bearing on potential new or more severe impacts, consistent with CEQA Guidelines Sections 15162 and 15164, no further environmental review is required.

The project will contribute positively to the community by providing additional recreational opportunities for residents and visitors, fostering social interaction, and promoting healthy activities. Furthermore, the development will incorporate sustainable design practices to minimize its footprint, including efficient water and energy use, preservation of existing vegetation, and responsible waste management.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-31, which will:

1. Find that the miniature golf project is categorically exempt under Sections 15301 and 15303 and/or that no supplemental review is necessary under Sections 15162 and 15164 of the California Environmental Quality Act (“CEQA”) Guidelines (14 CCR 15162 and 15164);

2. Authorize the City Manager to execute an amendment to the Term Sheet with Salty Turf LLC to include a decrease in the Gross Percentage of Sales and incorporate a maximum amount of rent; and

3. Authorize the City Manager to finalize negotiations and execute a Lease Agreement with Salty Turf, LLC for the development of a 36-hole miniature golf facility for public recreation purposes at the Vista Hermosa Sports Park in the 1.2-acre area designated as lease space within the La Pata/Vista Hermosa Master Plan in a form approved by the City Attorney and consistent with the amended Term Sheet.
..end
165
Meeting Date: March 5, 2024 Agenda Item: 9C.

CITY OF SAN CLEMENTE 4
Attachment:

1. Resolution No. 24-31

2. Original Term Sheet

3. Notice of Exemption filed December 21, 2023

4. November 17, 2009 Agenda Report on Amendment to the La Pata/Vista Hermosa Park Master Plan, without attachments. Attachments and other environmental documents are on file with the Beaches, Parks and Recreation Department
Notification:

None
166
ATTACHMENT 1
RESOLUTION NO. 24-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AMENDMENT TO THE TERM

SHEET WITH SALTY TURF, LLC, FOR THE CITY MANAGER

TO FINALIZE NEGOTIATIONS AND EXECUTE A LEASE

AGREEMENT FOR THE DEVELOPMENT AND OPERATION

OF A MINIATURE GOLF AND ANCILLARY CONCESSION
FACILITY ON APPROXIMATELY 1.2 ACRES WITHIN THE

VISTA HERMOSA SPORTS PARK COMPLEX, AND FINDING

THAT THE MINIATURE GOLF PROJECT IS
CATEGORICALLY EXEMPT FROM (14 CCR 15301 and
15303) AND/OR THAT NO SUPPLEMENTAL REVIEW

UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
IS NECESSARY (14 CCR 15162 AND 15164)
WHEREAS, the City owns the parcel located at 987 Avenida Vista Hermosa, San Clemente, CA 92673, known as the Vista Hermosa Sports Park (Park); and WHEREAS, on November 19, 2009, the City Council adopted Resolution 09-72 thereby amending the Park Master Plan for the Vista Hermosa Sports Park to allow for a lease area within the complex with a private concessionaire to establish a miniature golf facility at the Park. The approval was authorized with the requirement of establishing a Conditional Use Permit associated with any development of the area with all other applicable entitlements being acquired concurrently; and
WHEREAS, the City envisions this land as an ideal location for City use as a multigenerational recreation activity that can complement the existing activities within the Park and perpetuate the future uncompleted phases of park development; and WHEREAS, on December 19, 2022, the City issued a competitive Request for Proposals to solicit offers for the development of this land and received one qualified proposal from Salty Turf LLC (Developer) to provide for a 36-hole mini golf facility open to all ages; and
WHEREAS, at its May 2, 2023 meeting, the City Council authorized the City Manager to begin negotiations with Salty Turf, LLC for the development of a 36-hole miniature golf course open to the public; and
WHEREAS, at its October 17, 2023 meeting, the City Council approved a Term Sheet with Salty Turf for the development of a miniature golf facility with concessions at the Vista Hermosa Sports Park; and
WHEREAS, on December 21, 2023, the City prepared and filed with/posted by the County Clerk a Notice of Exemption finding the project categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Existing Facilities) and Section 15303 (New Construction) of the state CEQA Guidelines; and 167
Resolution No. 24-31 Page 2
WHEREAS, Salty Turf has requested an amendment to the Term Sheet; and WHEREAS, entering into a Lease Agreement for the development of a 36-hole miniature golf course open to the public is consistent with the Park Master Plan for the Vista Hermosa Sports Park, as amended, and is a City recreational use of the property; and WHEREAS, the project will contribute positively to the community by providing additional recreational opportunities for residents and visitors, fostering social interaction, and promoting healthy activities. Furthermore, the development will incorporate sustainable design practices to minimize its footprint, including efficient water and energy use, preservation of existing vegetation, and responsible waste management.

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

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

Section 2. That based on a review of the record as a whole, which is on file with the City’s Beaches, Parks and Recreation Director at 100 N Calle Seville, San Clemente, CA 92672, and in accordance with the CEQA Guidelines, which are located in Title 14 of the California Code of Regulations, Sections 15000-15387, the proposed development of a miniature golf facility within the Vista Hermosa Sports Park complex has been determined to be categorically exempt under CEQA Guidelines Section 15301 (Existing Facilities) and Section 15303 (New Construction). The leasing, construction and operation of the miniature golf facility align both with the long planned and existing use of the lot for public recreation activities and will not substantially alter its intended purpose.

Additionally, even if the project were not categorically exempt from CEQA, no supplemental environmental review is required because the City already analyzed the potential environmental impacts associated with and imposed mitigation measures to reduce all such impacts to levels of insignificance when the City prepared and adopted a Mitigated Negative Declaration (“MND”) in conjunction with its adoption of the La Pata/Vista Hermosa Park Master Plan in 2006 and amendment of that Park Master Plan in 2009 to, inter alia, specifically add the lease area to be utilized by the miniature golf facility project.

Pursuant to CEQA Guidelines Sections 15162 and 15164, no supplemental MND is required because the proposed miniature golf facility project does not entail any changes to that 2009 amended Park Master Plan nor involve any other changed circumstances or new information disclosing any new or more severe impacts that were not already identified and mitigated by the original MND.

Pursuant to the staff reports prepared for both the October 13, 2009 Parks & Recreation Commission and November 17, 2009 City Council meetings associated with the adoption of the amended Park Master Plan, one of the purposes of amending the Park Master Plan to create a lease area was to facilitate efforts to “work[] with a private concessionaire to establish a small miniature golf facility at the park.” Accordingly, finalizing a term sheet and lease for such a miniature golf facility at the Park does not amount to a change in the Master Park Plan, but rather, simply secures the exact type of public 168
Resolution No. 24-31 Page 3
recreational facility and use that was envisioned for the lease area of the Park back in 2009.

Because the City is not aware of any other relevant changed circumstances or new information bearing on potential new or more severe impacts, consistent with CEQA Guidelines Sections 15162 and 15164, no further environmental review is required.

Section 3. That the City Manager is authorized and directed to execute an amendment to the Term Sheet to reflect the following:

Rent shall be the greater of Eight Thousand and Five Hundred Dollars ($8,500) per month (“Minimum Rent”) or Five Percent (5%) of Gross Sales (“Base Rent”). The percentage of Gross Sales will be subject to an increase in Year 5, and every five (5) years thereafter, based on changes in the Consumer Price Index (CPI). The Base Rent of the percentage of Gross Sales will be capped at $25,000 per month.

Section 4. That the City Manager is further authorized and directed to complete negotiations with Salty Turf and is hereby authorized to execute a Lease Agreement with Salty Turf in a form approved by the City Attorney and consistent with the Term Sheet, as amended, and to take such other and further action as is necessary and proper to accomplish the purpose of this resolution.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
169
Resolution No. 24-31 Page 4

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. 24-31 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
170

Page 1 ends

Term Sheet
The City of San Clemente, California (“City”) and Salty Turf, LLC (“Developer”) (collectively the “Parties”) intend to enter into a Development Agreement concerning the development of a certain parcel located in San Clemente, California that the City owns located at 987 Avenida Vista Hermosa for City use as leased public recreational activities, as described herein (“Project Site”).

This Preliminary Term Sheet (this “Term Sheet”) is an expression of interest only and is not meant to be binding on the parties now or in the future.

Project Name: Miniature Golf Facility at Vista Hermosa Sports Park Developer/Lessee: Salty Turf, LLC
Development Objective: Development of a 36-hole miniature golf facility on city-owned parkland that will be open to the public at a nominal fee.

Conditions:

1. Developer shall be duly registered and authorized to do business in the State of California.

2. Developer’s rights pertain to the development of the Project Site. Developer shall spend at least $2.3 million in capital improvements to construct a 36-hole miniature golf facility at the Project Site for City use and public recreation pursuant to a Development Agreement that will be the subject of further negotiations between the Parties. Project design shall be subject to City Council approval. Developer must apply for and obtain a conditional use permit.

3. Monthly Rent. Monthly rent payable to the City by Salty Turf will be equal to seven percent (7.0%) of the total gross revenues, but under no circumstances less than $8,500 per month (“Base Rent”). At Year Five (5) of the Agreement, the Base Rent shall increase based on the Consumer Price Index (“CPI”), not to exceed fivepercent (5%).

4. Lease Term. The Parties contemplate a twenty (20) year lease term with one (1) extension option of ten (10) year.

5. Restrictions on Private Events. The miniature golf facility shall be generally open to the public. The Developer cannot rent out the facility for private events more than four (4) times per month.

ATTACHMENT 2
171

Page 2 ends

6. Indemnity. The Development Agreement and Lease Agreement will require that Salty Turf defend and indemnify the City from and against all claims, lawsuits, administrative proceedings, damages, fines, penalties and costs, including attorney fees, in a form acceptable to both Parties.

7. As between the City and Developer, Developer will be responsible for managing the construction of and all costs of the development and operations. In addition, as between the City and Developer, Developer will be responsible for any cost overruns in connection with the Project. Development and construction costs will include any required survey work, including an environmental analysis of the project that conforms with the requirements of the California Environmental Quality Act (“CEQA”) and any updates to the environmental or master plan documents.

The City will have no obligation to pay for any portion of the development of the Project or any ancillary development, including any cost associated with the environmental remediation of the Leased Premises.

8. Following the completion of the CEQA process, the San Clemente City Council will consider in open session a Development Agreement and/or Lease Agreement consistent with the terms and conditions in this Term Sheet in form(s) to be negotiated between the Parties.

9. As this Term Sheet is an expression of intent of the Parties and an agreement to negotiate a final agreement(s) in good faith and, accordingly, neither Party shall be legally bound until the execution of a final Development Agreement and/or Lease Agreement, which shall be binding on the Parties.

10. The parties understand and agree that unless and until a definitive agreement(s) has been executed by City and Developer and delivered, no contract or agreement providing for a transaction between the Parties shall be deemed to exist, and neither Party will be under any legal obligation of any kind whatsoever with respect to a transaction, including any obligation to negotiate, by virtue of this non-binding Term Sheet or any written or oral expression thereof.
[ End – Signature Page Follows]
172

Page 3 ends

In witness whereof, the Parties have signed this instrument this ____ day of ______, 2023.

CITY OF SAN CLEMENTE
By: __________________________
Andy Hall, City Manager
Dated: _______________________
APPROVED AS TO FORM:

By: ___________________________
Elizabeth Mitchell, City Attorney

SALTY TURF LLC,
a Delaware limited liability company
________________________________
By Jeff Moore, President
Dated: __________________________
________________________________
By Andrew Streett, Chief Financial
Officer
Dated: __________________________
173
ATTACHMENT 3
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
ATTACHMENT 4
191
192
193
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 1
Meeting Date: March 5, 2024 Agenda Item: 9D.
194
RESOLUTION NO. 24-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, SUPPORTING
LEGISLATION, ASSEMBLY BILL 2081, RELATING TO

ALCOHOL AND DRUG ABUSE TREATMENT FACILITIES
WHEREAS, the City of San Clemente recognizes the ever changing landscape of substance abuse treatment, and that having the world’s best climate makes the City of San Clemente and the Orange County Coast a premier destination for those seeking treatment. The popular beaches and outdoor lifestyle are key to promotion of a healthy life, and are sought after by those in treatment.

WHEREAS, the City of San Clemente has lost the ability to control placement and operation of substance abuse treatment facilities/homes, which has resulted in some no longer being aligned with the values of the City.

WHEREAS, Assembly Bill 2081 by Assemblywoman Laurie Davies would require all substance abuse treatment facilities to post on their internet website anytime they have been found to have violated state laws or regulations. AB 2081 will fine in the amount of $2,500 any treatment facility/home that does not post violations within 14 business days.

AB 2081 allows patients and their families the transparency that they deserve when seeking healthcare treatment.

WHEREAS, Assembly Bill 2081 intends to prevent the abuse of patients by substance abuse treatment facilities and their owners. AB 2081, by making public the violations of treatment facilities, allows the City to more accurately keep track of substance abuse facilities and their impact on the community.

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

Section 1. The City Council approves to officially support Assembly Bill 2081 which would require violations of state laws or regulations to be posted to the alcohol and/or drug abuse treatment facility’s internet website within 14 business days or incur a fine.

Section 2. 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
195
Resolution No. 24-32 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. 24-32 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 1
Meeting Date: March 5, 2024 Agenda Item: 9E.

Submitted By: Finance and Administrative Services
Subject:
..titl e

CITY MANAGER COMPENSATION REVIEW AND CONSIDERATION OF A RESOLUTION

AUTHORIZING A FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH CITY MANAGER ..body ANDY HALL IMPLEMENTING AN EXECUTIVE LEVEL SALARY ADJUSTMENT Fiscal Impact:

The total annual cost of the proposed salary increase and additional payroll related expenses is $11,677.12. The estimated cost for the remainder of the current Fiscal Year is $4,042.08 and is within the FY 2023-24 Adopted Budget.

Summary:

At the City Council meeting on February 20, 2024, the City Council agendized a compensation review for City Manager Andy Hall. Current compensation is between steps. Staff has prepared a resolution for City Council consideration that would authorize a contract amendment up to the next salary step, which would execute a 2.99% salary increase, with a proposed effective date of February 20, 2024.

Discussion:

Gary Andrew “Andy” Hall has served as City Manager for the City of San Clemente since February 20, 2023. The City Council conducted an annual performance evaluation of Mr. Hall in closed session on February 20, 2024. In accordance with state law, the City Council subsequently directed staff to agendize a compensation review in an open meeting.

Consistent with practices applied to all executive City managers and other non-represented City staff, the City Manager has received cost of living adjustments (COLA) in parallel to represented employees during his tenure with the City. Specifically, a 1% COLA increase was applied on July 1, 2023, along with an adjustment of 2.3% on January 8, 2024, in conjunction with the implementation of a Citywide Classification and Compensation study. Accordingly, the City Manager’s current annual salary is $278,990.

The attached draft First Amendment to the Employment Agreement between the City of San Clemente and Gary Andrew “Andy” Hall would align his base annual salary with Step D, Range 99 of the City’s Adopted Salary Schedule for Benefited positions, which is available on the City’s website at https://www.san-clemente.org/home/showpublisheddocument/79465/638441078906700000. This would be a partial step up and placement at this step is equivalent to a 2.99% increase to the City Manager’s current salary for a total annual base salary of $287,331. This updated annual salary would be within the mid-range of City Manager compensation according to staff’s informal survey. 197
Meeting Date: March 5, 2024 Agenda Item: 9E.

CITY OF SAN CLEMENTE 2
Per Section 5.A of the original Employment Agreement such an adjustment must be set forth in a contract amendment.

The Ralph M. Brown Act (specifically Government Code section 54953(c)(3)) requires that before taking final action, an oral report summarizing the recommendation on the compensation to be paid to a local agency executive be made during the open meeting.

Council Options:
 Adopt the Resolution No. 24-33 authorizing the Mayor to execute the First Amendment to the Employment Agreement with Mr. Hall for a 2.99% salary increase and direct staff to implement the change effective February 20, 2024.
 Modify and adopt Resolution No. 24-33 with different amendments to the Employment Agreement with Mr. Hall.
 Continue the item with direction given to staff.
 Deny the Resolution and do not amend the Employment Agreement, which would leave the City Manager compensation unchanged.

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council provides direction to staff, make an oral report summarizing the proposed action, and, if desired, consider Resolution No. 24-33, which, if adopted, would approve a 2.99% salary increase for the City Manager effective February 20, 2024.
..end
Attachment:

1. Resolution No. 24-33

2. Proposed First Amendment to the Employment Agreement between the City of San Clemente and Gary Andrew “Andy” Hall

3. Employment Agreement between the City of San Clemente and Gary Andrew “Andy” Hall effective February 20, 2023
Notification:

None.
198
ATTACHMENT 1
RESOLUTION NO. 24-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE

MAYOR TO EXECUTE A FIRST AMENDMENT TO THE

EMPLOYMENT AGREEMENT WITH GARY ANDREW
“ANDY” HALL IMPLEMENTING AN EXECUTIVE LEVEL

SALARY INCREASE
WHEREAS, on February 20, 2023, the City of San Clemente (“City”) and Gary Andrew “Andy” Hall entered into an Employment Agreement (“Employment Agreement”) employing Mr. Hall as City Manager;
WHEREAS, Section 5(A) of the Employment Agreement provides in part that adjustments to Mr. Hall’s base salary approved by the City Council are to be accomplished by an amendment to the Agreement;
WHEREAS, the City Council concluded its annual performance evaluation for Mr.

Hall on February 20, 2024;
WHEREAS, Mr. Hall’s current base salary is between steps on the City’s Salary Schedule; and
WHEREAS, consistent with the terms of Mr. Hall’s Employment Agreement and in light of his positive evaluation, the City Council finds that it is in the best interests of the City and the public to increase Mr. Hall’s current annual base salary to the City Manager classification, Range 99 Step D on the City’s Salary Schedule – Benefited Employees, which is a partial step up and a 2.99% increase.

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. That the Mayor is authorized and directed to execute the First Amendment to the Employment Agreement in a form substantially similar to that presented to the City Council on March 5, 2024 to adjust Mr. Hall’s base salary effective February 20, 2024.

Section 3. 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 ____________________, 2024. 199
Resolution No. 24-33 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
200
Resolution No. 24-33 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. 24-33 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:

FIRST AMENDMENT TO

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SAN CLEMENTE AND GARY ANDREW “ANDY” HALL

This First Amendment to Employment Agreement between the City of San Clemente and Gary Andrew “Andy” Hall (this “First Amendment”) is made and entered into on this 5th day of March 2024, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Gary Andrew “Andy” Hall l (“Hall”) in order to modify, in writing, the terms and conditions of the City’s employment of Hall effective February 20, 2024.

R E C I T A L S:

A. City and Hall entered into an Employment Agreement “Agreement” on February 20, 2023.

B. City and Hall desire to amend the Agreement in the manner provided herein.

C O V E N A N T S:

Section 1. Section 5A of the Agreement is hereby deleted and replaced in its entirety with the following:
“A. Effective February 20, 2024, City agrees to pay Hall for services rendered an annual base salary of two-hundred and eighty-seven thousand, three hundred and thirty-one dollars ($287,331) which shall correspond to the City Manager classification, Range 99 / Step D on the City’s Salary Schedule for Benefited Employees. Said amount shall be payable in bi-weekly installments at the same time and in the same manner as other City employees are paid. Additionally, at a public, regular meeting of the City Council, the City Council can agendize as a non-consent item, an amendment to this Agreement increasing the City Manager’s base salary payable under Section 5A.

Section 2 Except as expressly amended by this First Amendment, the remaining portions of the Agreement shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
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[Type here] [Type here] [Type here]
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
By:________________________________
ATTEST: Victor Cabral, Mayor
______________________________ Dated: ____________________, 2024 CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization

GARY ANDREW “ANDY” HALL
________________________________
Dated: __________________, 2024
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 5, 2024 Agenda Item: (1)
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Council Chambers

CITY OF SAN CLEMENTE
February 20, 2024
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on February 20, 2024 at 5:00 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

CLOSED SESSION
Amanda Q commented on actions by City Manager Hall.

Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to recess to Closed Session at 5:05 p.m. to discuss the following:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

BUSINESS MEETING

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

PLEDGE OF ALLEGIANCE
Cash led the Pledge of Allegiance.

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1. Special Presentations
None.

2. Oral Communications (Part 1)
Gary Headrick narrated a PowerPoint presentation entitled "This is a Race Against Time". A hard copy of the presentation is on file with the City Clerk.

Concerned Resident, San Clemente, narrated a PowerPoint presentation concerning pickleball at San Gorgonio Park. A hard copy of the presentation is on file with the City Clerk.

Ken Poczekaj, San Clemente, commented on the wall being proposed at the landslide at Mariposa Bridge.

Jessica Pintu, San Clemente, commented on the San Clemente homeless individuals as it relates to City action.

Mike Kay, San Clemente, requested that Council write a letter to Governor Newsom concerning coastal bluffs and shoreline.

Lois McNicoll commented on events at a previous meeting concerning the property at 616 Del Dios (American Tower).

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

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

4. Consideration of agendizing items requiring immediate action None.

5. Closed Session Report - City Attorney
City Attorney Mitchell reported there was direction given, no reportable action concerning:

A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code section 54957
Title: City Manager

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6. Staff Communications
Community Development Director Atamian narrated a PowerPoint presentation entitled "Staff Communications" and responded to Council inquiries concerning bluff property maintenance guidelines, park ranger enhancements and temporary policy on anonymous complaints. A hard copy of the presentation is on file with the City Clerk.

7. Public Hearings
None.

8. Unfinished Business
None.

9. New Business
A. PUBLIC SAFETY COMMITTEE EVALUATION OF THE SAFE GUN STORAGE

ORDINANCE PROPOSAL BY MOMS DEMAND ACTION AND

INTRODUCTION (FIRST READING) OF RESIDENTIAL SAFE STORAGE OF

FIREARMS ORDINANCE AND FINDING THE ORDINANCE NOT SUBJECT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Community Development Director Atamian reviewed the contents of the administrative report and responded to Council inquiries.

Carol Montgomery, Moms Demand Action, spoke in support of the proposed Ordinance.

Amanda Q narrated a PowerPoint presentation entitled "Support Letter vs.

Ordinance". A hard copy of the presentation on file with the City Clerk.

Candace, San Clemente, spoke in support of the proposed Ordinance.

Erin Corn, Moms Demand Action, spoke in support of the proposed Ordinance.

Lois McNicoll spoke in opposition to the proposed Ordinance.

Maryanne Rose, Moms Demand Action, spoke in support of the proposed Ordinance.

Sara Martin spoke in opposition to the proposed Ordinance.

Shelley opined that safe gun storage is not a City issue.

Motion by Councilmember Duncan, second by Councilmember Loeffler, CARRIED 3-2 (Councilmember Knoblock and Mayor Cabral voting NOE) to introduce Ordinance No. 1773 entitled AN ORDINANCE OF THE CITY

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COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 9.04 - OFFENSES AGAINST PUBLIC PEACE AND DECENCY, OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD NEW SECTION 9.04.045,

RELATING TO SAFE STORAGE OF FIREARMS, AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, with a modification to the 4th whereas on page 1 of the Ordinance to read as follows: "firearm related deaths in the United States are the leading cause of injury related deaths in children between the ages of 1 and 17." AYE: Duncan, Enmeier and Loeffler
NOE: Knoblock and Mayor Cabral
B. CONSIDERATION OF RESTABLISHING A SAND COMPATIBILITY AND

OPPORTUNISTIC USE PROGRAM (SCOUP) IN SAN CLEMENTE
Coastal Administrator Meyerhoff reviewed the contents of the Administrative Report and responded to Council inquiries.

Susan Ambrose spoke in support of a Sand Compatibility and Opportunistic Use Program (SCOUP).

Lois McNicoll commented on the potential cost of funding a Sand Compatibility and Opportunistic Use Program (SCOUP).

Suzie Whitelaw narrated a PowerPoint presentation entitled "Vote YES on SCOUP Permit". A hard copy of the presentation is on file with the City Clerk.

Concerned Resident spoke in support of a Sand Compatibility and Opportunistic Use Program (SCOUP); urged Council to address sand replenishment at Poche Beach.

Amanda spoke in support of a Sand Compatibility and Opportunistic Use Program (SCOUP); expressed concerns regarding Coastal Advisory Committee as it relates to the Brown Act.

Motion by Councilmember Knoblock, second by Councilmember Duncan, CARRIED 5-0, to direct the Coastal Administrator to proceed with the Sand Compatibility and Opportunistic Use Permit (SCOUP) with the largest possible parameters.

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

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C. REQUEST TO INTRODUCE (FIRST READING) AN ORDINANCE MODIFYING THE COASTAL ADVISORY COMMITTEE MEETING SCHEDULE; AND

CONSIDERATION OF AD HOC SUBCOMMITTEES
City Manager Hall reviewed the contents of the Administrative Report and responded to Council inquiries.

Lois McNicoll commented on the recommendations made by the Coastal Advisory Committee.

Suzie Whitelaw spoke in support of the ad-hoc subcommittees; does not support the Coastal Advisory Committee meeting on a monthly basis.

Susan Ambrose spoke in support of monthly meetings for the Coastal Advisory Committee.

Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 5-0, to take no action and continue with bi-monthly meetings for the Coastal Advisory Committee (CAC); City Manager Hall to meet with the Coastal Advisory Committee to address Brown Act concerns.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
D. DIRECTION FROM THE CITY COUNCIL IN THE CREATION OF THE COASTAL ADVISORY COMMITTEE 2024 WORK PLAN
City Manager Hall narrated a PowerPoint presentation entitled "Coastal Advisory Committee 2024 Draft Work Plan Outline". A hard copy of the presentation is on file with the City Clerk.

Susan Ambrose commented on the benefits of the Coastal Advisory Work Plan for the City.

Motion by Councilmember Duncan, second by Councilmember Loeffler, CARRIED 5-0, to approve the following work plan for the Coastal Advisory Committee:

1. Get Sand - Advise the City Council on getting sand for San Clemente beaches with a focus on the Sand Compatibility and Opportunistic Use Permit (SCOUP) concerning site locations for opportunistic sand and feasible methods of delivery.

2. Keep Sand - Advise the City Council on best methods to retain sand that are being proposed and/or should be proposed by the nature based solutions study.

3. Water Quality - Advise the City Council on ways to improve water quality, specifically at Poche Beach.

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AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
E. CONSIDERATION OF A RESOLUTION APPROVING CLASSIFICATION

CHANGES SUPPORTING CITY MANAGER OPERATIONS AND CITY

ADMINISTRATION AND REVISED SALARY SCHEDULE
Human Resources Manager Thordahl reviewed the contents of the Administrative Report and responded to Council inquiries.

Lois McNicoll commented on the fiscal impacts to the City with approval of the classification changes.

Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-22 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. 23-157 AND ANY OTHER RESOLUTIONS IN CONFLICT THEREWITH.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
F. SAN GORGONIO PARK COMMUNICATIONS SITE LEASE AGREEMENT City Planner Lightfoot reviewed the contents of the Administrative Report and responded to Council inquiries.

Lois McNicoll expressed concerns regarding communications site(s) in close proximity to homes.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 5-0, to adopt Resolution No. 24-23, which will approve, and authorize the City Manager to execute, Contract No. C24-11, a Communications Site Lease Agreement, by and between the City of San Clemente and DISH Wireless for a facility at San Gorgonio Park.

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

10. Consent Calendar
Items 10A, 10D, 10G and 10H were removed from the Consent Calendar for discussion.

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B. Commission/Committee Minutes
None.

C. Warrant Register
None
Payroll Register
None.

E. RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT FOR BRIDGE DEMOLITION AND REMOVAL FROM METROLINK YARD;

RATIFICATION OF AN EMERGENCY PROFESSIONAL CONSULTANT

SERVICES AGREEMENT FOR INSPECTION AND STRUCTURAL
EVALUATION SERVICES DURING BRIDGE REMOVAL; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $69,037
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-25, which will:

1. Make a finding that an emergency existed due to the need for immediate disposal of the damaged two bridge spans of the Pedestrian Beach Trail from the Metrolink Yard due to its limited capacity and required immediate action to protect public health and safety, which might not have been possible to maintain if delays attributable to the typical public competitive bidding process had been incurred.

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

3. Ratify an emergency construction contract with Diamond Construction & Design for the pedestrian bridge demolition and removal from Metrolink’s yard in the amount of $60,078.

4. Ratify an emergency Professional Consultant Services Agreement with KPFF Consulting Engineers for inspection and structural evaluation services during the bridge removal in the amount of $8,959.

5. Approve a supplemental appropriation in the amount of $69,037 from the General Fund is requested into Account No. 014-811-45300-000-11810.

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

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F. RATIFICATION OF AN EMERGENCY CONSTRUCTION CONTRACT FOR PRIMA DESHECHA CANADA CHANNEL (FACILITY NO. M01) WALL
STABILIZATION AT GRANDE VISTA PROJECT; APPROVING A PROJECT CONTINGENCY; AND APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $99,585
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-26, which will:

1. Make a finding that an emergency existed due to the need for immediate channel and slope stabilization and required immediate action to protect public health and safety, which might not have been possible if delays attributable to the typical public competitive bidding process had been incurred.

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

3. Approve a supplemental appropriation in the amount of $99,585 to Account Number 059-553-43420-000-26001 from the Storm Drain Depreciation Fund for the Prima Deshecha Canada Channel (Facility No. M01) Wall Stabilization at Grande Vista.

4. Ratify the Construction Contract with Diamond Construction & Design for an amount not to exceed $77,215 for the stabilization of the M01 channel wall and its adjacent slope.

5. Approve a 19% project contingency of $14,670.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
I. CONTRACT AWARD - COMPLETION OF LEAD AND COPPER RULE

REVISIONS LEAD SERVICE LINE INVENTORY AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT UNDER CLASS 9
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution 24-27, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 9 (Inspections) of the state CEQA Guidelines section 15309.

2. Approve, and authorize the City Manager to execute, Contract No. C24-10, shared services consultant agreement, by and between the City of San

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Clemente and Metropolitan Water District of Orange County and Hazen and Sawyer, providing for the completion of Lead and Copper Rule Revisions Lead Service Line Inventory, in the amount of $74,288.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
J. ADOPTION OF CITY INVESTMENT POLICY MODIFICATION (CITY’S IP SECTION 4.6 AND APPLICABLE DEFINITIONS)
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt the Proposed Investment Policy No. 201-1 with modifications to Section 4.6 and applicable definitions, effective February 20, 2024.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
A. City Council Minutes
Minutes were removed from the Consent Calendar due to a point of order card being submitted by a member of the public at the meeting of February 6, 2024.

Mayor Cabral overruled the point of order concerning an alleged violation of the Brown Act.

Motion by Councilmember Duncan, second by Councilmember Knoblock, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF FEBRUARY 6, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
D. CONTRACT AWARD - FOUR LIFEGUARD TOWERS REPLACEMENT (2024),

AND APPROVING A SUPPLEMENTAL APPROPRIATION RELATED

THERETO
Staff requested to have this item continued to a future meeting date.

Motion by Councilmember Loeffler, second by Councilmember Duncan, CARRIED 5-0, to remove this item from the agenda and continue it to a future meeting.

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

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G. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES
Concerned Citizen, San Clemente, commented on Councilmember travel as it relates to benefiting the City and its residents.

Tony Rubolino commented on Councilmember Duncan's travel budget.

Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to continue this item to the March 5, 2024 City Council meeting with additional back up documentation to be provided to the Council.

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

EXPENSES
Amanda Q commented on Councilmember Duncan's travel with his term ending in December 2024.

Lois McNicoll commented on the Council budget for training.

Concerned Resident urged Council to not spend money for travel for Councilmembers terming out.

Tony Rubolino commented on travel for Councilmembers when their term is ending.

Mike Kay expressed concerns regarding the staff recommendation.

Motion by Councilmember Loeffler, second by Councilmember Duncan, CARRIED 5-0, to authorize an expenditure of up to $4,450 related to City Councilmember Duncan's and Mayor Pro Tem Enmeier's attendance at the League of California Cities, City Leaders Summit in April 2024.

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

11. Oral Communications (Part 2)
Amanda Q expressed concerns regarding anonymous complaints.

Tony Rubolino narrated a PowerPoint presentation concerning firearms. A hard copy of the presentation is on file with the City Clerk.

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12. Future Agenda Items
Assembly Bill 2081
Councilmember Knoblock with the support of Councilmember Loeffler agendized consideration of a Resolution in support of Assembly Bill 2081.

City Manager Compensation
Councilmember Knoblock, with the support of Mayor Pro Tem Enmeier and Councilmember Duncan, agendized consideration of reviewing the annual compensation for the City Manager for the March 5, 2024 City Council meeting.

Letter to California Coastal Commission regarding the San Onofre Nuclear Generating Station
Councilmember Duncan, with the support of Mayor Cabral and Mayor Pro Tem Enmeier, agendized consideration of a letter to the California Coastal Commission concerning coastal erosion threats due to sea level rise at the San Onofre Nuclear Generating Station. Mayor Cabral will provide an update on the Community Engagement Panel discussion prior to the letter being sent.

By-District Map
Councilmember Loeffler, with the support of Mayor Pro Tem Enmeier and Councilmember Duncan, agendized consideration of amending the by-district map to address the boundary in the pier bowl area.

13. Reports
A. Commissions and Committees
Orange County Fire Authority
Councilmember Duncan reported that the Orange County Fire Authority board will be discussing several issues concerning San Clemente at its upcoming board meeting.

B. Council Subcommittee Updates
C. Council Members
School Safety
Councilmember Enmeier and Councilmember Duncan met with parents from Las Palmas and the Las Palmas Safety Committee as well as Capistrano Unified School District and discussed lockdown situations, fencing in the area and communications; commended Orange County Sheriffs Department on the recent shelter in place at San Clemente High School.

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Gun Safety
Councilmember Loeffler reported he will be working on resources for community education on gun safety.

Sand and Beach Nourishment
Mayor Cabral reported that he and the Coastal Administrator met with Colonel Baker concerning the strategy the Army Corps of Engineers is proposing; the Army Corps of Engineers has agreed to ensure that the City get all of the sand that was agreed to per the contract, and the City is underway for permits to access borrow sites.

D. City Attorney
None.

E. City Manager
None.

14. Adjournment
Motion by Mayor Pro Tem Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to adjourn at 9:53 p.m. to an Adjourned Regular Meeting to be held on March 5, 2024 at 4:00 p.m. for the purpose of conducting the Long Term Financial Plan. Closed Session will begin at 5:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

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AGENDA REPORT

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Meeting Date: March 5, 2024 Agenda Item: (4)
Submitted By: Choose an item.

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF FEBRUARY 8, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis
Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
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CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
February 8, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on February 8, 2024 at 3:03 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
David Carrillo, Associate Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of January 18, 2023.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Temporary Use Permit 24-011, American Crown Circus 2024 at Outlets at San Clemente, 101 W. Avenida Vista Hermosa
A request to operate a circus event at the Outlets at San Clemente located at 101 W. Avenida Vista Hermosa. Setup for the event, including temporary circus structures, is from March 5-6, 2024. Show dates are March 8-10, 2024 and March 15-17, 2024. Breakdown is on March 18-19, 2024. Expected attendance is 150 to 200 people per day of the event.

Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15301 (Class 1:

Existing Facilities) and Section 15311 (Class 11: Accessory Structures).

Associate Planner David Carrillo summarized the staff report.

Zoning Administrator Atamian thanked staff for their presentation and opened the public hearing.
238
Minutes of the Zoning Administrator Regular Meeting February 8, 2024 Page 2 Applicant and owner of American Crown Circus Leo Osorio and staff were present. Mr. Osorio thanked staff and the City for the opportunity to provide family entertainment to the community, this being the third time hosting at the Outlets at San Clemente.

Zoning Administrator Atamian stated that the findings could be made in that the event would not have a negative impact on the surrounding properties or public welfare. Zoning Administrator Atamian called out Condition 1.13, 1.14, 1.15, 1.17, 7.12, and 7.28 that are special Conditions that apply specifically to this project ensuring that there is no freeway-oriented signage, the lighting will be contained on the property, the temporary structures utilized will be within code and safe for occupancy, security is provided on site and the temporary structures are not habitable.

Zoning Administrator Atamian stated that he visited the site and asked Mr. Osorio about the conditions of the site after a substantial rainy season. As of today, the site is muddy with at least six inches of standing water. Zoning Administrator Atamian expressed his concern is if the rainy season extends into March when the circus is scheduled to operate. Mr. Osorio stated that they would postpone the event to a later date if the conditions are as they are today.

Zoning Administrator Atamian stated that in a previous situation during Covid the City was able to alter the permit. Staff stated that code allows provisions to amend the request, and that there is a process in place for making that change administratively. Zoning Administrator Atamian confirmed with staff that there are no other events taking place at the Outlets during the time of the circus.

Zoning Administrator Atamian stated that in lieu of adding a new Condition of Approval to have the minutes reflect that any future dates scheduled due to rain or a similar type of delay be determined when there is no impact on other events and /or activities occurring at the Outlets.

Zoning Administrator Atamian closed the public hearing and expressed appreciation that this is an animal-free event and that it is unique family entertainment.

Zoning Administrator Atamian stated that the project meets the required findings for approval in that the circus event complements the Outlets and does not interfere with the Outlet’s operations, that there is ample parking, directional signage will be incorporated, there is easy access to and from the freeway to the event location, live entertainment and amplified sound will be conducted entirely within the circus tent, and the event area contains a sufficient amount of space to support the circus event.
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Minutes of the Zoning Administrator Regular Meeting February 8, 2024 Page 3 Based on the information in the staff report and subject to the required Findings and Conditions of Approval, Zoning Administrator Atamian determined the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1:

Existing Facilities) and §15311 (Class 11: Accessory Structures).

Action: The Zoning Administrator adopted Resolution ZA24-001, approving Temporary Use Permit (TUP) 24-011, American Crown Circus 2024 at the Outlets at San Clemente, subject to the Conditions of Approval.

B. Public Hearing Project (PHP) 24-032, Carr Residence Spa, 116 Via San Sebastian
A request for a Minor Exception Permit (MEP) 22-169 to install a spa within the street side yard setback at an existing single-family residence located at 116 Via San Sebastian. The spa will be located behind an existing 6’ tall slump block wall within the street side yard setback.

Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15303 (Class 3:

New Structures or Conversion of Small Structures).

Associate Planner David Carrillo summarized the staff report and stated that the appropriate CEQA exemption should be based on §15303, and not §15301 that was incorrectly stated in the staff report.

The CEQA section is referenced correctly in the Resolution.

Zoning Administrator Atamian thanked staff for their presentation and opened the public hearing. Zoning Administrator Atamian stated that he visited the site and noticed that there is steep topography in the back behind the home, thus leaving no room for the pool behind the residence. Zoning Administrator Atamian noted that the applicants are not in attendance and that there are no members of the public present in the hearing.

Zoning Administrator Atamian acknowledge that the existing slump stone brick wall will screen the pool and mitigate the sound. There is a pool barrier requirement, missing in the Conditions of Approval, to require that the existing wall remain in place. With the wall being built by the developer, it’s not clear that the wall will remain in perpetuity or if in the future the homeowner association should change the fence to a style that would not contain the sound or secure the pool.

Zoning Administrator Atamian noted the location is across the street 240
Minutes of the Zoning Administrator Regular Meeting February 8, 2024 Page 4 from five homes, and it would impact the neighbors if this wall were to change to wrought iron or a similarly open style fence.

Staff confirmed that there were no comments from the public or neighboring residents. Zoning Administrator Atamian acknowledged the pool location is not in an area close to the driveway or garage.

Zoning Administrator Atamian closed the public hearing and stated appreciation for the analysis conducted by staff that is summarized in the staff report.

Zoning Administrator Atamian acknowledged that this project does meet the finding of the code to allow reasonable enjoyment of the property. Due to the space limitations, while this is not allowed by right in the code, there is a special circumstance that warrants encroachment. The fact there is a six-foot solid barrier wall obscuring views and sounds emanating from the pool area is a great benefit.

Zoning Administrator Atamian stated that the project otherwise maintains the existing front and street side yard landscaping, and the project will not adversely affect the properties in the vicinity. The architectural treatment of the property is compatible with the character of the neighborhood. This will go through a building permit process, so health and safety will be evaluated again at that time.

Action: The Zoning Administrator adopted Resolution ZA24-002, approving Public Hearing Project 24-032, Minor Exception Permit 22- 169, subject to the Conditions of Approval, adding the following Condition 7.19:

The existing perimeter slump wall adjacent to the proposed spa location that runs between the existing residential structure, along the front portion of the property, along the streetside portion of the property, and all the way to the rear property line, shall be maintained in perpetuity for the duration of the spa’s existence. The wall, if damaged, may be replaced with a similar type of wall structure pursuant to City review and approval, however, there shall be no replacement of a solid wall with anything lesser in height or in solidness of construction so as to increase the visibility of the spa or increase the amount of sound emanating from the activities at the spa.
241
Minutes of the Zoning Administrator Regular Meeting February 8, 2024 Page 5

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:28 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, February 22, 2024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
242
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 1
Meeting Date: March 5, 2024 Agenda Item: (5)
243
244
245
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 1
Meeting Date: March 5, 2024 Agenda Item: (6)
Submitted By: Choose an item.

Subject:
..titl e
HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF FEBRUARY 13, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis
Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
246

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

HUMAN AFFAIRS COMMITTEE
FEBRUARY 13, 2024

1. CALL TO ORDER/ROLL CALL
Chair Edone called the Regular Meeting of the City of San Clemente Human Affairs Committee to order on February 13, 2024, at 3:32 p.m. The meeting was held at San Clemente City Hall, First Floor Community Room located at 910 Calle Negocio, San Clemente, California.

Committee
Members Present: Chair Lisa Edone, and Members Stuart Anderson, Cord Bauer and Tyler Boden
Members Absent: Vice Chair Rosemary Salas and Member Dick Veale Guests: Tom Streeter, Resident
Staff Present: Adam Atamian, Community Development Director Janet Batchelor, Management Analyst
Tamara Tatich, Office Specialist

2. PLEDGE OF ALLEGIENCE
The Pledge was led by Member Boden.

3. APPROVAL OF MINUTES
A. Approve Minutes from the January 9, 2024 Meeting of the Human Affairs Committee.

MOTION BY MEMBER BODEN, SECONDED BY MEMBER BAUER AND
CARRIED 4-0, VICE CHAIR SALAS and MEMBER VEALE ABSENT, to approve the minutes from the January 9, 2024 Meeting of the Human Affairs Committee, as submitted.

B. Approve Minutes from the January 22, 2024 Special Joint Commission and Committee Meeting.

This item was continued to the Regular Meeting of the Human Affairs Committee on March 12, 2024..
247

Page 2 ends

Minutes of the Regular Meeting of the Human Affairs Committee of February 13, 2024

4. SPECIAL OR PUBLIC PRESENTATION
A. CHARACTER COUNTS! Presentation: Jason Lamping via Zoom Jason Lamping, Director at Robert D. and Billie Ray Center at Drake University, presented a PowerPoint outlining the efforts of the Robert D. and Billie Ray Center; Character Counts initiative; and the six pillars of character and the four wheels.

In response to Committee questions, Mr. Lamping indicated Character Counts had not been in contact with the San Clemente School District; and meaningful, measurable and sustainable components of Character Counts.

Member Boden stated Character Counts offered online resources and in person trainings. He agreed to come back with information on their services and how it could be implemented in the City of San Clemente.

B. Community Outreach Update: Karlie Hunter and Troy Shenker Karlie Hunter and Troy Shenker, Community Outreach Workers, discussed the Point In Time (PIT) count determining fifteen unhoused individuals in San Clemente.

In response to Committee questions, Ms. Hunter and Mr. Shenker discussed the reduction in unhoused due to the services provided by the City; service resistant individuals; rigid constraints and criteria to qualify for Care Court; issues with available shelter space; efforts to protect people from becoming homeless; monthly outreach workers meetings; and lack of inclement weather services.

The Committee commended the team on the meaningful services provided to the unhoused population.

Tom Streeter asked if a homeless parking lot should be encouraged.

In response to Member Bauer, Ms. Hunter indicated Fifth District Supervisor Katrina Foley was supportive and a good human.

5. UNFINISHED BUSINESS AND UPDATES
A. Human Affairs Committee Work Plan FY 2023-24 Updates Project: - Community Resource Fair
Work group: Chair Edone, Member Anderson.

Chair Edone stated the Fair would be on May 23, 2024. She discussed work on the banner and newspaper advertisement.
248

Page 3 ends

Minutes of the Regular Meeting of the Human Affairs Committee of February 13, 2024 Project: – Update Resource Registry on city website
Work group: Chair Edone, Member Anderson.

Chair Edone stated the information would be updated following the Fair.

Project: - Mentorship Program
Work group: Member Boden, Vice Chair Salas, Member Bauer.

Member Boden discussed the recent Stakeholder Workforce Development meeting to discuss the idea of providing workforce development in the City.

Project: - Every 15 Minutes DUI Simulation
Work group: Vice Chair Salas, Chair Edone, and Member Anderson.

Chair Edone stated the simulation would be held on March 6 and 7, 2024, and she discussed volunteer opportunities.

Project: - SCHS Humanitarian Award
Work group: Vice Chair Salas, Member Boden.

Member Boden stated the letter would be edited and sent to the school. He anticipated Council recognition on May 7, 2024.

Project: - Reach out to Residents - AI Questionnaire for the Community Work group: Member Bauer, Member Anderson.

Member Bauer discussed proposed questions, including those generated regarding a 1% sales tax increase for sand replenishment. He proposed a weekly, five question poll, surrounding 20 topics.

Member Anderson and Chair Edone expressed concern with the proposed number of topics and questions.

Member Bauer reiterated the purpose of the concept was to obtain feedback from the residents for the City Council.

Member Anderson suggested tabling the matter until there was a full Committee.

Chair Edone requested Member Bauer come back with a proposal for the first poll.

Member Boden stated artificial intelligence was based on the user’s input and suggested focusing on unbiased questions.
249

Page 4 ends

Minutes of the Regular Meeting of the Human Affairs Committee of February 13, 2024 Project: - Dorothy Visser Senior Center improvements
Work Group: Member Veale.

None.

Project: – Community Development Block Grants
Work group: Vice Chair Salas, Member Anderson.

Member Anderson announced the subcommittee meeting on February 15, 2024.

Project: - Character Counts Program
Work group: Member Boden, Member Anderson.

Member Boden stated he would share the information presented by Mr. Lamping with the stakeholders.

Project - Overall Homelessness Strategy/Solutions for Change Work group: Member Anderson, Member Bauer, Member Veale.

Member Anderson expressed frustration with finding shelter locations.

Chair Edone stated the Council directed the Committee to review best practices of other jurisdictions.

Member Bauer discussed difficulty in gathering the information due to limitations contacting other cities.

6. NEW BUSINESS
Member Boden announced the Southern County Rotary Clubs Mental Health Walk on May 18 at the outlets.

7. ORAL AND WRITTEN COMMUNICATION
None.

8. COMMUNICATIONS FROM COMMITTEE MEMBERS AND STAFF
Management Analyst Batchelor shared a press release for nominations for outstanding citizens.
250

Page 5 ends

Minutes of the Regular Meeting of the Human Affairs Committee of February 13, 2024

ADJOURNMENT
CHAIR EDONE ADJOURNED THE MEETING AT 5:27 P.M. TO THE REGULAR HUMAN AFFAIRS COMMITTEE MEETING TO BE HELD ON MARCH 12, 2024, AT 3:30 P.M. AT SAN CLEMENTE CITY HALL, FIRST FLOOR COMMUNITY ROOM, LOCATED AT 910 CALLE NEGOCIO, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
______________________________
Lisa Edone, Chair
Attest: ______________________________
Janet Batchelor, Management Analyst
251
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 1
Meeting Date: March 5, 2024 Agenda Item: (7)
Submitted By: Choose an item.

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF FEBRUARY 22, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis
Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
252

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
February 22, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on February 22, 2024 at 3:00 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
David Carrillo, Associate Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Receive and file Minutes from the Zoning Administrator Regular Meeting of February 8, 2023.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 23-411, Sunset Shores Façade Remodel, 410 Corto Lane
A request for a Development Permit (DP) 23-415 for exterior improvements, including a height increase for faux roof extensions, façade improvements, and architectural embellishments, to an existing 18-unit condominium building located at 410 Corto Lane within the Pier Bowl Specific Plan and the Architectural (A) Overlay District.

Staff recommends that the item be continued to the next Regular Meeting of the Zoning Administrator on March 7, 2024.

Zoning Administrator Atamian acknowledged that the noticing materials needed to notify property owners and residents were not received in time to allow proper notice of the public hearing.

Additionally, the applicant is considering design modifications as 253
Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 2 suggested by the Design Review Sub-Committee. Therefore, Zoning Administrator Atamian will continue Item 4-A to a future date to be determined.

B. Public Hearing Permit (PHP) 23-437, Mason Residence Addition, 235 Avenida Miramar
A request for a Minor Exception Permit (MEP) 23-436 and a Minor Cultural Heritage Permit (MCHP) 23-129 to allow a rear attached two-story addition, with a side-yard setback of three feet, one inch, where five feet is required, to a single-family residence listed as a historic resource.

Associate Planner David Carrillo summarized the staff report.

Zoning Administrator Atamian thanked staff and asked if anyone on the applicant’s team would like to address the Zoning Administrator.

Architect Michael Luna introduced the applicants, Matt and Tiffany Mason, and gave a summary of the property constraints and reviewed the design elements that meet the needs of a modern family with minimal impact to the neighboring properties. Ms. Mason provided history of the property, their sensitivity to the historical structure, and gave an overview of the research and preservation measures taken on this project.

Zoning Administrator Atamian thanked applicants, opened the public hearing and asked the public in attendance if they would like to address the Zoning Administrator.

Larry Culbertson, resident and past president of the San Clemente Historical Society read a letter that summarized concern in that the home was not only designed and built by Virgil Westbrook, Mr.

Westbrook lived in the home for nearly ten years. Mr. Culbertson expressed a need for assurances that the project will not reduce the integrity of the property to a level that it no longer qualifies for a listing on the National Register of Historical Places.

Lars Krogius, neighbor and owner of a historical property, expressed his support of the project and his appreciation of property owners that have invested in a historic home’s preservation, as well as a need for families to design for modern living to ensure sustainability. 254
Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 3 Zoning Administrator Atamian confirmed with staff that the Mills Act agreement was signed in 2021.

Zoning Administrator Atamian asked staff if the property was eligible for the National Register of Historic Places, which staff stated a clause in the home’s survey stating the home’s potential to be included in a historic district, but not as an individual property in the National Register. Zoning Administrator Atamian asked if inclusion in the National Historic Register required the property owners consent, which staff confirmed that it does not require owner consent for a district.

Zoning Administrator Atamian stated he visited the site and that he is familiar with Michael Luna’s commendable body of work. Zoning Administrator Atamian found the design to be a very pleasing. Zoning Administrator Atamian stated that he reviewed the Minutes of the Cultural Heritage Subcommittee that indicated the committee was supportive of the project advancing to the Zoning Administrator Meeting, and asked staff for a summary of the discussion including the architectural treatment of the addition. Staff stated that they were not in the meeting; however the City Planner communicated that the committee was supportive and deemed the design was consistent with Secretary of Interior Standards. The main comment was that further justification be provided for the setback. Zoning Administrator Atamian stated that he did review the letter regarding justification as stated.

Zoning Administrator Atamian closed the public hearing and commented that it has not been the City’s past practice to include private residences to the National Historic Register. Zoning Administrator Atamian expressed appreciation for owners investing in the historical property and educating themselves on the Secretary of Interiors Standards. Zoning Administrator Atamian explained that the goal of the Mills Act, while providing tax relief, is to maintain historical properties and inclusive of maintaining the property is that additions are not to be substantially detremental to the historic nature of the property.

Zoning Administrator Atamian agreed that the rear of the home is the best location for a room addition. Zoning Administrator Atamian observed on his site visit that the sidewalk was approximately four feet below the threshold of the house, thus the second story would not be visible from the street. Zoning Administrator Atamian commented that the home is well situation and that there would be a clear differentiation between the main structure and the addition.

Zoning Administrator Atamian could make the findings for the Minor Cultural Heritage Permit (MCHP) 23-129 but not the Minor Exception Permit (MEP) 23-436, as there are design alternatives to avoid the 255
Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 4 encroachment. While the neighbor’s property is a driveway with open space today, the property owner retains the right to develop something in the future.

Zoning Administrator Atamian acknowledged that the request is for a continuation of an encroachment, while there is a portoin of the residence that encroaches on the same degree that this addition proposes to, that encroachment is not actually a continuation, nor do we want a continuation. Zoning Administrator Atamian read through the justifications for the Minor Exception Permit. The second item in the letter refers to the five-foot distance that is required between properties. Per the Building Official, the first story needs a five-foot separation and the addition is to be sprinklered. Because the second story is going to be sprinklered and entirely enclosed, there are some available means and methods that would allow for the second story to be moved in and out of the encroachment in the setback. Zoning Administrator Atamian suggested a design with a one-walled plane that will allow the space you desire without a second story encroachment, understanding that the addition would require more rear yard space.

Zoning Administrator Atamian advised the applicants that the decision is appealable by and to the City Council.

Action: The Zoning Administrator adopted Resolution ZA24-004, approving Minor Cultural Heritage Permit 23-129, but deny the request for the Minor Exception Permit 22-169.

C. Public Hearing Permit (PHP) 24-049, Parsons Residence Addition, 233 Avenida Santa Barbara
A request for a Minor Exception Permit (MEP) 24-048 and a Minor Cultural Heritage Permit (MCHP) 23-362 to allow a rear attached addition, with a reduced rear yard setback of four feet, where five feet is required, to a single-family residence listed as a historic resource.

Staff recommends that the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section § 15301 (Class 1: Existing Facilities) and 15331 (Class 31: Historical Resource Restoration/Rehabilitation).
256
Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 5 Associate Planner David Carrillo summarized the staff report and introduced Paul Parsons, the applicant and owner of the property.

Zoning Administrator Atamian asked Mr. Parsons if he would like to add anything to the report. Mr. Parsons stated that he signed the Mills Act Agreement on the house last December and was so intrigued with the process that he became a member of the San Clemente Historical Society where he met Larry Culbertson, who was in attendance. Mr. Parsons stated that the property was in disrepair and they have invested a substantial amount of resources thus far. Mr. Parsons also stated that the location of the home being in between two apartment buildings creates a bit of seclusion, whereas the addition would be unnoticeable.

Zoning Administrator Atamian opened the public hearing and asked if any members of the public would like to speak. Mr. Culbertson offered his support and praise of the project.

Zoning Administrator Atamian stated that he visited the site and commented on the aesthetics of both the home and lot, and confirmed that none of the modifications in this request would be visible.

Zoning Administrator Atamian thanked staff for clarifying the setback requirements. Zoning Administrator Atamian has reviewed the staff report and attachments, acknowledged that the site is constrained and that the modification being requested are quite modest. Zoning Administrator Atamian stated that the area in the front yards offers the open space for enjoyment of the property, where the backyard will become limited once the addition is completed.

Zoning Administrator Atamian thanked the applicant for the investment to the property.

Zoning Administrator Atamian stated that the findings for the Cultural Heritage Permit and Minor Exception Permit could be met for the reason listed in the staff report.

Based on the information in the staff report and subject to the required Findings and Conditions of Approval, Zoning Administrator Atamian determined the project be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section § 15301 (Class 1: Existing Facilities) and 15331 (Class 31: Historical Resource Restoration/Rehabilitation).
257
Minutes of the Zoning Administrator Regular Meeting February 22, 2024 Page 6 Action: The Zoning Administrator adopted Resolution ZA24-003, approving Minor Cultural Heritage Permit 23-362 and Minor Exception Permit 23-048, Parsons Residence Addition, subject to the Conditions of Approval.

5. NEW BUSINESS
None

6. OLD BUSINESS
None

7. ADJOURNMENT
The meeting adjourned at 3:53 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, March 4, 2024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
258
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 1
Meeting Date: March 5, 2024 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
2986 through 2991 and Warrant Nos.
594004 through 594169, paid on
1-26-24, in the amount of $861,233.08 ..end
259
260
261
262
263
264
265
266
267
268
269
270
271
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 1
Meeting Date: March 5, 2024 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
2992 through 2998 and Warrant Nos.
594170 through 594373, paid on
2-2-24, in the amount of $4,505,314.44
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
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 1
Meeting Date: March 5, 2024 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Handwrite No. 594546,
Wire Transfer Nos. 2999 through
3002 and Warrant Nos. 594374
through 594545, paid on 2-9-24,
in the amount of $2,659,134.95 ..end
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
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 1
Meeting Date: March 5, 2024 Agenda Item: (4)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3003 through 3004 and Warrant Nos.
594547 through 594700, paid on
2-16-24, in the amount of $952,448.49
TOTAL WARRANT REGISTER $8,978,170.96 ..end
304
305
306
307
308
309
310
311
312
313
314
315
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 1
Meeting Date: March 5, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant No. 922 and Automatic
Deposit Advises 91469 through
91772, for the period 3-21-22
through 4-3-22, paid on 4-8-22,
in the amount of $479,666.26 ..end
316
317
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 1
Meeting Date: March 5, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant No. 923 and Automatic
Deposit Advises 91773 through
92076, for the period 1-22-24
through 2-4-24, paid on 2-9-24,
in the amount of $485,402.57
TOTAL PAYROLL REGISTER $965,068.83 ..end
318
319
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 1
Meeting Date: March 5, 2024 Agenda Item: 10D.

Submitted By: Public Works
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF COMPLETION FOR THE CYPRUS SHORE SEWER PUMP STATION RELOCATION, PROJECT NO. 12210 ..body Fiscal Impact:

The total construction expenditure of $599,254 is below the approved construction contract amount of $1,974,950 with O’Connell Engineering and Construction, Inc., and is funded from the Sewer Connection Fee Reserve, Account No. 054-477-45300-000-12210.

Summary:

Before the City Council is the acceptance and Notice of Completion (Attachment 2) for the Cyprus Shore Sewer Pump Station Relocation, as shown on the Location Map (Attachment 1).

Background:

Due to the coastal bluff movement at Cyprus Shore, on April 5, 2022, the City Council ratified an emergency construction contract with O’Connell Engineering and Construction, Inc. (O’Connell) for the Cyprus Shore Sewer Pump Station Relocation, in the amount of $1,974,950 (Attachment 3).

The work was for relocation of the existing pump station that was located adjacent to the landslide and included procurement and installation of a new wet well, three pumps, replacement of the existing six-inch sewer forcemain in Calle Ariana, electrical equipment, and instrumentation. In preparation for construction, O’Connell procured approximately 1,200 linear feet of six-inch sewer pipe for the forcemain replacement, 40 feet deep by 72-inch sewer manhole structure for the wet well, three pumps, and electrical equipment. The contractor also provided design-build services for the forcemain and electrical equipment.

Due to movement in a deeper landslide and continued negotiations and design for the placement of the pump station electrical equipment, the emergency project was not completed. The project was placed on hold until the Orange County Transportation Authority completed a project to stabilize both landslides utilizing a series of tiebacks and grade beams. With the stabilization of the slides, the City changed the project to become more comprehensive and received approval for a Coastal Development Permit on February 9, 2024 to relocate the wet well away from the original landslide, grading for access to the existing electrical equipment building, and replacement of the storm drain and sewer forcemain.
320
Meeting Date: March 5, 2024 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
Staff is recommending a Notice of Completion for O’Connell because the project has been significantly changed. Equipment from the emergency project will be used for the comprehensive project currently under design.

The new bid package will be advertised shortly on the PlanetBids website for public bidding, with notice given to local contractors. Construction is anticipated in late Spring / early Summer. The remaining balance in the O’Connell’s contract is $1,375,696, which will be reappropriated back to the project fund balance.

Council Options:
 Adopt Resolution No. 24-34 (Attachment 4), which would accept the completed construction work for the Cyprus Shore Sewer Pump Station Relocation, Project No. 12210, from O’Connell Engineering and Construction, Inc.
 Adopt Resolution No. 24-34 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis
When this emergency project started, it was determined to be categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guideline section 15269(b) (Emergency Projects) for emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-34, which would:

1. Accept the Cyprus Shore Sewer Pump Station Relocation, Project No. 12210, from O’Connell Engineering and Construction, Inc.;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Cyprus Shore Storm Drain Emergency Relocation; and

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, O’Connell Engineering and Construction, Inc. ..recommendation
..end
Attachment:

1. Location Map

2. Notice of Completion

3. Staff Report dated April 5, 2022

4. Resolution No. 24-34
Notification:

None.
321

VISTA AZUL VIA RANCHO

CLE CAMPESINO

CLE MARLENA

CLE ISABELLA

CLE LISA

CLE ARIANA

CLE LOUISA

AVE DE LAS PALMERAS

AVE VISTA DEL OCEANO

CLE ARIANA

CLE TIARA

VIA CALANDRIA

VIA ADELIA

CLE DE LAS FOCAS

CLE POTRANCA CLE DEL ESTABLO

VISTA BLANCA

CLE TIBURON

CLE POTRO

EL PRESIDENTE
O REAL (COAST HWY) A. T. & S. F. R. R.

A. T. & S. F. R. R.

AVE LUCIA

AVE DOLORES

AVE BUENA VENTURA

AVE SAN FERNANDO

AVE PALA

AVE SANTA MARGARITA AVE CARMELO

CLE FRANCESCA

VIAJASMIN

VIA COLORSO

AVE SAN DIEGO CLE ISABELLA

SAN DIEGO FREEWAY

LOCATION MAP
Attachment 1
Cyprus Shore Sewer
Pump Station Relocation
PN 12210

NOT TO SCALE

PROJECT

LOCATION
322
ATTACHMENT 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

Public Works Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: Cyprus Shore Sewer Pump Station Relocation, Project No. 12210

2. Date of completion: January 12, 2024

3. Street address or legal description of the project site: Avenida de Las Palmera and Calle Ariana, San Clemente, CA 92672

4. Name of owner: City of San Clemente

5. Interest or estate of owner: City of San Clemente Easement

6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673

7. Name and address of contractor: O’Connell Engineering and Construction, Inc., 36572 Deauville Road, Winchester, CA 92596
I am the Public Works Director/City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. ________________________________________
David Rebensdorf,
Public Works Director/City Engineer
City of San Clemente
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ATTACHMENT 3
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ATTACHMENT 4
4893-7738-2247 v1
RESOLUTION NO. 24-34

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

ACCEPTING AS COMPLETE THE CYPRUS SHORE

SEWER PUMP STATION RELOCATION, PROJECT
NO. 12210.

WHEREAS, the existing sewer lift station and storm drain system have been compromised due to the coastal bluff movement at Cyprus Shore beginning in fall 2021 and are in need of repairs to continue providing services; and WHEREAS, on April 5, 2022, the City Council ratified an emergency construction contract with O’Connell Engineering and Construction, Inc. (O’Connell) for the Cyprus Shore Sewer Pump Station Relocation, Project No. 12210, in the amount of $1,974,950 and ratified a change order with O'Connell for the Storm Drain Relocation; and
WHEREAS, in preparation for construction, O’Connell procured approximately 1,200 linear feet of six-inch sewer pipe for the forcemain replacement, 40 feet deep by 72-inch sewer manhole structure for the wet well, three pumps, and electrical equipment; and
WHEREAS, the project was placed on hold until the Orange County Transportation Authority completed a project to stabilize both landslides utilizing a series of tiebacks and grade beams; and
WHEREAS, with the stabilization of the slides, the City changed the project to become more comprehensive and received approval for a Coastal Development Permit on February 9, 2024 to relocate the wet well away from the original landslide, grading for access to the existing electrical equipment building, and replacement of the storm drain and sewer forcemain; and WHEREAS, staff is recommending a Notice of Completion for O’Connell because the project has been significantly changed; and WHEREAS, a new bid package will be advertised shortly on the PlanetBids website for public bidding on the changed project; and WHEREAS, the remaining budget in the O’Connell contract is $1,375,696, which will be reappropriated back to the project fund balance.

NOW, THEREFORE, the City Council of the City of San Clemente hereby resolves as follows:
337
Resolution No. 24-34 Page 2
4893-7738-2247 v1
SECTION 1. That the foregoing recitals are true and correct and incorporated fully by this reference.

SECTION 2. That the work performed by O’Connell Engineering and Construction, Inc. for the Cyprus Shore Sewer Station Relocation, Project No. 12210 is hereby accepted as complete.

SECTION 3. That the Public Works Director/City Engineer is authorized and directed to execute and record a Notice of Completion for CIP Project No. 12210.

SECTION 4. That the City Clerk is authorized and directed 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, O’Connell Engineering and Construction, Inc.

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

PASSED AND ADOPTED this ____ day of March, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
338
Resolution No. 24-34 Page 3
4893-7738-2247 v1

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. 24-34 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of March 2024, 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 ____________, 2024.
______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
339
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 1
Meeting Date: March 5, 2024 Agenda Item: 10E.

Submitted by: Public Works
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF COMPLETION FOR THE AQUATIC CENTER MAIN POOL REPLASTER, PROJECT NO. 12808 ..body Fiscal Impact:

The total construction cost of $676,660 is under the approved construction budget of $788,000 from the General Fund, Vista Hermosa Aquatic Center Pool Replaster, Account No. 016-804- 45300-000-12808.

Summary:

The City of San Clemente is fortunate to have a first-class aquatics facility. The City Council has prioritized maintaining the facility to extend the life of the investment in recreation. This staff report will allow the City Council to accept and approved a Notice of Completion (Attachment 2) for the Aquatic Center Main Pool Replaster, as shown on the Location Map to the right.

Background:

On November 7, 2023, the City Council awarded a
construction contract to Condor, Inc. for the Aquatic
Center Main Pool Replaster (Attachment 3). The work
consisted of removal and replacement of the existing
plastering, the installation of new LED underwater
lighting, the recommissioning of the pool with balanced chemicals, waterproofing of various surfaces, gutters,
surge tank, replacement of the main drains and a new ADA lift installation.

A summary of the total construction expenditures is provided below:

Construction Administration, Management & Inspection $ 55,000 Construction Contract 621,660
Total Construction Cost $676,660
Council Options:
 Adopt Resolution No. 24-35 (Attachment 4), which would accept the completed construction work for the Aquatic Center Main Pool Replaster, CIP Project No. 12808.  Adopt Resolution No. 24-35 with modifications.
 Continue the item with direction to provide additional information. 340
Meeting Date: March 5, 2024 Agenda Item: 10E.

CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

Acceptance and filing of a notice of completion is not a project pursuant to California Environmental Quality Act (CEQA). The work undertaken was previously determined to be categorically exempt from CEQA under Class 1 (Repair and Maintenance - 14 CCR §15301) of the State CEQA Guidelines.

Recommended Actions:

STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-35, which would:

1. Accept Aquatic Center Main Pool Replaster, Project No. 12808, from Condor, Inc.;

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed Aquatic Center Main Pool Replaster; and

1. Location Map

2. Notice of Completion

3. Staff Report dated, November 7, 2023

4. Resolution No. 24-35
Notification:

None.
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CALLE PARADISO

AVE PICO

CANTO ROMPEOLAS CANTO NUBIADO

CANTO DE LOS CIERVOS

CLE NEGOCIO

CLE SOMBRA CLE RECODO

CLE TREPADORA

CLE AMANECER
MALAGA

VIA MARBRISA

CALLE CAMPANERO

VIA ONDA

AVE LA PATA

AVE TALEGA

CALLE PORTOFINO

CALLE SALUDA

VIA LOS TILOS

VIA EL RISCO

VIA SONRISA

CLE MARAVILLA

VIA PACIFICA

AVE MERIDA

CAMINO VERA CRUZ

AVE PICO

CLE CORDILLERA

VIA PALACIO VIA ASALEA

AVE PICO

MAGESTUOSO

PLAZA LOS CORRALES CALLE BOTANICO

PLAZA VIA SOL

PLAZA C

CABANA A L L E B O T A
N I OC

VIA MONTE PICAYO

AVE VISTA HERMOSA

CLE SOMBRA
VIA

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Aquatic Center Main
Pool Replaster
PN 12808
ATTACHMENT 1

NOT TO SCALE

PROJECT

LOCATION

LOCATION MAP
342
ATTACHMENT 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

Space above this line is for Recorder’s Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: Aquatic Center Main Pool Replaster, CIP Project No. 12808

2. Date of completion: February 9, 2024

3. Street address or legal description of the project site: 987 Avenida Vista Hermosa, San Clemente, CA 92673

4. Name of owner: City of San Clemente

5. Interest or estate of owner: Fee ownership

6. Address of owner: 910 Calle Negocio, San Clemente, CA 92673

7. Name and address of contractor: Condor, Inc., 3000 Durfee Avenue, El Monte, CA, 91732
I am the Public Works Director/City Engineer for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above.

Executed on __________________________ in San Clemente, California. ________________________________________
David Rebensdorf, Public Works Director/City Engineer
City of San Clemente
343
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

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

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

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

Summary:

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

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

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

Background:

After years of service, the main pool
located at the Vista Hermosa Sports
Park is in need of replastering as a
result of normal wear and tear from
the pool chemicals. While the pool is
drained, other general repairs and
improvements related to the pool such
as the installation of new LED lighting,
waterproofing of the various surfaces,
adjacent gutters, and surge tank, the
rebalancing of water chemistry upon refill of the pool and the replacement of the main drains inside of the pool will be performed.
1 ATTACHMENT 3
344
Meeting Date: November 7, 2023 Agenda Item: 7H

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

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

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

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

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

Environmental Review/Analysis:

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

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

1. Award the Aquatic Center Main Pool Replaster, CIP Project No. 12808, construction contract to Condor, Inc. as the lowest responsible and responsive bidder; 3452
Meeting Date: November 7, 2023 Agenda Item: 7H

CITY OF SAN CLEMENTE

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

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

1. Location Map

2. Resolution 23-127

3. Draft Contract

4. Notice of Exemption
Notification:

All bidders.
3463
ATTACHMENT 4
4882-9904-3949 v1
RESOLUTION NO. 24-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AND FILING

NOTICE OF COMPLETION FOR THE AQUATIC CENTER
MAIN POOL REPLASTER, PROJECT NO. 12808
WHEREAS, on November 7, 2023, the City Council awarded a construction contract to Condor, Inc. for the Aquatic Center Main Pool Replaster, CIP Project No. 12808; and
WHEREAS, the main pool located at the Aquatics Center at the Vista Hermosa Sports Park was in need of replastering as well as other various improvements to extend its lifespan and improve the experience for pool goers; and WHEREAS, the work consisted of the removal and replacement of the existing plaster, the installation of new underwater LED lighting, the recommissioning of the pool with balanced chemicals, the waterproofing of various surfaces, gutters, surge tank, the replacement of the main drains and the installation of a new ADA lift; and WHEREAS, as a result of the repair work, the pool has been restored and opened for its resumed enjoyment by the public and the work has been completed to the satisfaction of the Public Works Director.

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

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

SECTION 2. That the Aquatic Center Main Pool Replaster, Project No. 12808, is hereby accepted from Condor, Inc.

SECTION 3. That the Public Works Director/City Engineer is authorized and directed to execute and record the Notice of Completion for the Aquatic Center Main Pool Replaster, Project No. 12808.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 347
Resolution No. 24-35 Page 2
4882-9904-3949 v1
PASSED AND ADOPTED this _____ day of ____________________, 2024.

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. 24-35 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:

San Clemente City CouncilMarch 5, 2024

San Clemente City Council
March 5, 2024