Agenda packet — San Clemente City Council, April 16, 2024 (part 1 of 4)

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
5:30 p.m. - Closed Session (Special Meeting)
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, April 16, 2024
City Council
Special and Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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

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1 City Council Special and Regular Meeting Agenda April 16, 2024

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

CLOSED SESSION (5:30 P.M.SPECIAL MEETING)
A. PERFORMANCE EVALUATION OF CITY ATTORNEY PURSUANT TO
GOVERNMENT CODE SECTION 54857(b)(1)&(4)
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Reverend Dale Rosenberger, San Clemente Presbyterian Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. FY 2023-2024 2ND QUARTER AND MID-YEAR BUDGET ADJUSTMENTS Presentation from Financial Services Officer Rahn concerning the FY 2023-24 2nd Quarter Report and mid-year budget adjustments
Staff Recommendation

1. Receive and file the FY 2023-24 2nd Quarter Report - Attachment “A”.

2. Approve and authorize the mid-year budget adjustments for FY 2023-24 as listed in “Attachment B”.

B. EMPLOYEE SERVICE AWARDS
Presentation by City Manager Hall recognizing the 2024 Core Values Award Recipients: Brant Barrah, Kade Boisseranc, Dave Loflin, Marilyn Mares and Scott Pierce; recognizing Thomas Evans for 35 years of service to the City and Scott Pierce as the 2024 Employee of the Year.

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2 City Council Special and Regular Meeting Agenda April 16, 2024

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

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

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

5. Closed Session Report - City Attorney

6. Staff Communications

7. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
7A. PUBLIC HEARING ON ESTABLISHMENT OF RECREATION FEES FOR THE

USE OF PICKLEBALL COURTS AND OTHER PICKLEBALL RELATED
ACTIONS; AND FINDING SUCH ACTION NOT SUBJECT TO FURTHER

ENVIRONMENTAL REVIEW
Public Hearing to consider a City-initiated proposal to amend the parks and recreation fee schedule to include the rental of and play upon public pickleball facilities pursuant to Chapter 66018(a) of the California Government Code. The purpose of the public hearing is to gather feedback from residents, stakeholders, and community members regarding the establishment of pickleball use fees.

Staff Recommendation
Adopt Resolution No. 24-46 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING PICKLEBALL

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3 City Council Special and Regular Meeting Agenda April 16, 2024

COURT USE FEES, OPERATING SCHEDULES, QUIET PADDLE USE,

COURT LIGHTING INSTALLATION, AND FINDING THE ACTIONS NOT

SUBJECT TO FURTHER ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
7B. EIGHTH PUBLIC HEARING AND INTRODUCTION (FIRST READING) OF AN

ORDINANCE FINALIZING THE DISTRICT MAP TO BRING THE PIER BOWL COMMUNITY OF INTEREST INTO ONE DISTRICT (DISTRICT 3)
(Agendized by Councilmember Loeffler, with the support of Councilmember Duncan and Mayor Pro Tem Enmeier.)
Eighth Public Hearing pursuant to Elections Code section 10010 and Government Code section 34886 to consider introduction of an ordinance finalizing the district-based elections map for City Council effective for the November 2024 General Municipal Election.

Staff Recommendation

1. Open the public hearing, hear public comment and testimony, and close the public hearing; and

2. Introduce and conduct the first reading of Ordinance No. 1775 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE,

CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION

2.04.11 TO FINALIZE THE DISTRICT MAP AND BRING THE PIER BOWL COMMUNITY OF INTEREST INTO ONE DISTRICT (DISTRICT 3).
7C. WEED ABATEMENT 2024 - ORDER TO ABATE NUISANCES BY HAVING

WEEDS, RUBBISH, AND REFUSE REMOVED FROM VACANT AND

UNOCCUPIED, DEVELOPED PROPERTIES AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Public Hearing to consider all objections or protests, if any, to the proposed abatement of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways and private property within the City of San Clemente.

Staff Recommendation
Adopt Resolution No. 24-47 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ORDERING

THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ABATE THE

NUISANCES BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT

REMOVED FROM VACANT PROPERTIES AND UNOCCUPIED,

DEVELOPED PROPERTIES WITHIN THE CITY AND NOTIFYING THE

STATE, COUNTY, OR ANY OTHER PUBLIC AGENCY AND FINDING THE

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4 City Council Special and Regular Meeting Agenda April 16, 2024

REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT,
AND 15321, CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY
AGENCIES).
7D. ADOPTION OF THE 2024-2025 ANNUAL ACTION PLAN FOR

EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Public Hearing for the Action Plan for Fiscal Year 2024-2025. This action is taken in compliance with federal regulations [24 CFR 91]. As a recipient of Community Development Block Grant (CDBG) funds, the City must prepare a Consolidated Plan every five years. The City is also required to update the related Action Plan annually. The Consolidated Plan is a multi-year strategic plan that identifies housing and community priority needs, strategies to address priority needs, and programs/resources to address these needs.

The Action Plan delineates proposed activities to be funded under the U.S.

Department of Housing and Urban Development’s (HUD) CDBG program.

Staff Recommendation
Adopt Resolution No. 24-48, which will:

1. Approve the 2024-2025 Annual Action Plan for the use of Community Development Block Grant Funds.

2. Authorize the City Manager to submit the Annual Action Plan to the U.S.

Department of Housing and Urban Development and execute the contract and related agreements, forms, and certifications.

3. Accept grant revenues of an estimated $434,471 from the U.S.

Department of Housing and Urban Development to account #017-000- 33712.

4. Authorize a related budget appropriation of an estimated $434,471 to the Community Development Block Grant fund for the amounts in the 2024- 2025 Annual Action Plan.

5. Authorize staff to make changes to the above based on actual funding.

8. Unfinished Business
None.

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5 City Council Special and Regular Meeting Agenda April 16, 2024

9. New Business
9A. CONSIDERATION OF APPROVING TWO SETTLEMENT AGREEMENTS,

ACCEPTING TWO CONSERVATION EASEMENTS, APPROVING AN

ENDOWMENT AGREEMENT, AND ACCEPTING THREE EASEMENT DEEDS

FOR STORM DRAIN AND ASSOCIATED IMPROVEMENTS ALL RELATED

TO THE ARRIOLA GLOBAL SETTLEMENT AGREEMENT AND LANDSLIDE

REPAIR PROJECT AT VIA BALLENA AND THE SHORECLIFFS GOLF

COURSE AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF
$700,000 TO FUND THE SETTLEMENTS
Staff Recommendation
..recommendation
Adopt Resolution No. 24-49, which will:
..recommendation

1. Approve the two proposed Settlement Agreements for the Action.

2. Accept the Conservation Easements for both On-Site and Off-Site habitat management areas.

3. Approve the proposed Endowment Agreement.

4. Accept the three (3) storm drain easements and improvements.

5. Authorize the City Manager and City Attorney to take all remaining actions and execute all necessary documents to finalize the Settlement Agreements for the Action in substantially the form attached, with minor modifications as hereinafter approved by the City Manager and City Attorney.

6. Approve a supplemental appropriation in the amount of $700,000 from the General Liability Fund to Account No. 068-816-44050-000-00000 to fund the City's monetary obligation under the Settlement Agreements. 9B. CONSIDERATION OF FUTURE OPERATIONS OF THE CITY’S BEACH CLUB

FACILITY
Staff Recommendation
Adopt Resolution No. 24-63, which will:

1. Direct staff to notify 24 Carrots Catering and Events that its lease will not be renewed at the end of its current term, ending on September 30, 2026.

2. Direct staff to initiate the necessary steps to assume programming and facility operations of the Ole Hanson Beach Club upon the conclusion of the lease term, under the direction and management of the Beaches, Parks & Recreation Department.

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6 City Council Special and Regular Meeting Agenda April 16, 2024 9C. CONSIDERATION OF A POLICY CONCERNING COUNCIL SUPPORT OR

OPPOSITION FOR STATE AND FEDERAL LEGISLATION
(Agendized by Mayor Pro Tem Enmeier, with the support of Councilmember Duncan, at the March 5, 2024 City Council meeting.)
Staff Recommendation
No staff recommendation, agendized by City Councilmembers. 9D. CONSIDERATION OF AMENDMENT TO POLICY 1201-11 TO ALLOW A

MAJORITY OF CITY COUNCILMEMBERS TO VETO AN ITEM THAT WAS

AGENDIZED BY A MINORITY OF CITY COUNCILMEMBERS
(Agendized by Councilmember Knoblock, with the support of Councilmember Duncan and Mayor Pro Tem Enmeier).

Staff Recommendation
If the City Council wants to allow a majority (three) City Councilmembers to veto items agendized by a minority (two) City Councilmembers, direct the City Clerk to update City Policy and Procedure 1201-11 (City Council Meeting and Operating Procedures) to reflect the changes.

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

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF MARCH 19, 2024.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) COASTAL ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF JANUARY 18, 2024.
(2) PLANNING COMMISSION REGULAR MEETING MINUTES OF
FEBRUARY 7, 2024.
(3) ARTS & CULTURE COMMITTEE ADJOURNED REGULAR MEETING
MINUTES OF FEBRUARY 15, 2024.

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7 City Council Special and Regular Meeting Agenda April 16, 2024 (4) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
FEBRUARY 27, 2024.
(5) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES
OF FEBRUARY 28, 2024
(6) PLANNING COMMISSION REGULAR STUDY SESSION MINUTES OF MARCH 6, 2024.
(7) PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 6, 2024.
(8) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
MARCH 7, 2024.
(9) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF
MARCH 12, 2024.
(10) PLANNING COMMISSION REGULAR MEETING MINUTES OF MARCH 20, 2024.
(11) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
MARCH 21, 2024
(12) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF MARCH 27, 2024
(13) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF APRIL 4, 2024
C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3011 THROUGH 3016 AND WARRANT NOS.
594918 THROUGH 595049, PAID ON
3-8-24, IN THE AMOUNT OF $3,693,729.15
(2) APPROVE WIRE TRANSFER NOS.
3017 THROUGH 3018 AND WARRANT NOS.
595050 THROUGH 595172, PAID ON
3-15-24, IN THE AMOUNT OF $1,213,722.77
(3) APPROVE HANDWRITE NOS. 595173
THROUGH 595174, WIRE TRANSFER NOS.
3019 THROUGH 3024 AND WARRANT NOS.
595175 THROUGH 595333, PAID ON
3-22-24, IN THE AMOUNT OF $1,168,821.96
TOTAL WARRANT REGISTER $6,076,273.88

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8 City Council Special and Regular Meeting Agenda April 16, 2024 Payroll Register
WARRANT NO. 928, AUTOMATIC DEPOSIT
ADVISES 92390 THROUGH 92697,
FOR THE PERIOD 2-19-24 THROUGH
3-3-24, PAID ON 3-8-24, IN THE
AMOUNT OF $496,466.63
WARRANT NOS. 929 THROUGH 930,
AUTOMATIC DEPOSIT ADVISES 92698
THROUGH 93017, FOR THE PERIOD
3-4-24 THROUGH 3-17-24, PAID
ON 3-22-24, IN THE AMOUNT OF $493,995.27
TOTAL PAYROLL REGISTER $990,461.90
10D. COASTAL COMMISSION GRANT APPLICATION TO SUPPORT

IMPLEMENTATION OF COASTAL RESILIENCY PLAN AND LOCAL

COASTAL PROGRAM
Staff Recommendation
Adopt Resolution No. 24-50 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING

SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA COASTAL

COMMISSION FOR A LOCAL COASTAL PROGRAM GRANT TO SUPPORT

IMPLEMENTATION OF THE CITY'S COASTAL RESILIENCY PLAN AND LOCAL COASTAL PROGRAM.
10E. CONSIDERATION OF APPROVING THE COASTAL ADVISORY COMMITTEE FISCAL YEAR 2023-2024 WORK PLAN
Staff Recommendation
Adopt Resolution No. 24-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE FY 2023-24 COASTAL ADVISORY COMMITTEE WORK PLAN.
10F. CONTRACT AMENDMENT - APPOINTING AUDITOR AND APPROVING

AUDIT SERVICES
Staff Recommendation
Adopt Resolution No. 24-52, which will:

Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C18-23, by and between the City of San Clemente and Lance, Stoll, & Lunghard, LLP., providing for audit services for a one-year term, in an amount not to exceed $35,290.

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9 City Council Special and Regular Meeting Agenda April 16, 2024 10G CONTRACT AWARD - LAND USE SOFTWARE WATER USE COMPLIANCE

AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-53, which would:

1. Find the project categorically exempt from the California Environmental Quality Act pursuant to 14 CCR 15306 - Information Collection.

2. Award a three-year Professional Services Agreement to Eagle Aerial Solutions for WaterView subscriptions.

3. Approve, and authorize the City Manager to execute, Contract No. C24-16, by and between the City of San Clemente and Eagle Aerial Solutions, providing for three years of WaterView annual subscriptions, in the amount of $140,800.
10H. CONSIDERATION OF A RESOLUTION APPROVING THE ORANGE COUNTY

TRANSPORTATION AUTHORITY GRANT COOPERATIVE AGREEMENT FOR

PROJECT V SAN CLEMENTE DOWNTOWN TROLLEY ROUTE

CONTINUATION PROJECT
Staff Recommendation
Approve Resolution 24-54, which will:

1. Approve, and authorize the City Manager to execute, Contract No. C24- 17, (No. C-3-2787), by and between the City of San Clemente and the Orange County Transportation Authority, accepting grant revenue for the San Clemente Trolley Red and Blue Lines for FY 2023-24 through 2028/29, in an amount up to $1,077,262.

2. Accept grant revenue from OCTA in the amount of up to $1,077,262 for the San Clemente Trolley Red and Blue Lines for FY 2023-24 through 2028-29.

3. Direct staff to include the 10% match funds of $53,840 to be included within the General Fund Budget for the upcoming FY 2024-25 and 2025-26 budgets.

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10 City Council Special and Regular Meeting Agenda April 16, 2024 10I. CONTRACT AWARD - TROLLEY SERVICES
Staff Recommendation
Approve Resolution No. 24-55 which will approve, and authorize the City Manager to execute, Contract No. 24-18, by and between the City of San Clemente and LAZ Parking, providing for Project V San Clemente Downtown Trolley Route Continuation Project, in the amount of $221,542.20. 10J. CONTRACT AWARD - WATER QUALITY MANAGEMENT PLAN REVIEW

AND BEST MANAGEMENT PRACTICES COMPLIANCE SERVICES
Staff Recommendation
Adopt Resolution No. 24-56 to approve, and authorize the City Manager to execute, Contract No. C24-19, by and between the City of San Clemente and Geosyntec Consultants, providing for Water Quality Management Plan Review and Best Management Plan Compliance services, in an amount not to exceed $299,935.
10K. CONTRACT AWARD - RESERVOIR NO. 4 EXTERIOR COATING AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-57, which will:

1. Find the Reservoir No. 4 Exterior Coating, CIP Project No. 23404 categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Reservoir No. 4 Exterior Coating, CIP Project No. 23404, contract to Unified Field Services Corporation.

3. Approve, and authorize the City Manager to execute, Contract No. C24-20, by and between the City of San Clemente and Unified Field Services Corporation, providing for the Reservoir No. 4 Exterior Coating in an amount not to exceed $170,178 in a form substantially similar to Contract No. C24-20 (Attachment 4).

4. Approve a 15% construction contingency of $25,572.

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11 City Council Special and Regular Meeting Agenda April 16, 2024 10L. CONTRACT AWARD - SIDEWALK REPAIRS AND IMPROVEMENTS AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-58, which will:

1. Find the Sidewalk Repairs and Improvements, CIP Project No. 24304, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Sidewalk Repairs and Improvements contract to CJ Concrete Construction, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 21, by and between the City of San Clemente and CJ Concrete Construction, Inc., providing for the Sidewalk Repairs and Improvements, in an amount not to exceed $165,620, in a form substantially similar to Contract No. 24-21 (Attachment 4).

4. Approve a 10% construction contingency of $16,560 for this project. 10M. NOTICE OF COMPLETION - STREET PAVEMENT MAINTENANCE FOR

AVENIDA VAQUERO (VIA CASCADITA TO CAMINO DE LOS MARES)
Staff Recommendation
Adopt Resolution No. 24-59, which will:

1. Accept the Street Pavement Maintenance for Avenida Vaquero (Via Cascadita to Camino De Los Mares), CIP Project No. 13321, from the contractor, Roy Allan Slurry Seal, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Street Pavement Maintenance for Avenida Vaquero (Via Cascadita to Camino De Los Mares).

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works

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12 City Council Special and Regular Meeting Agenda April 16, 2024 Director/City Engineer in the amount of 25% of the total construction cost. 10N. NOTICE OF COMPLETION - FY 2024 STREET IMPROVEMENT PROGRAM, FY 2024 ALLEY REHABILITATION PROGRAM, FY 2024 MAJOR STREET MAINTENANCE, FY 2024 LOCAL STREET PAVEMENT MAINTENANCE, AND

TRAFFIC CALMING PROGRAM
Staff Recommendation
Adopt Resolution No. 24-60, which will:

1. Accept the FY 2024 Street Improvement Program, FY 2024 Alley Rehabilitation Program, FY 2024 Major Street Maintenance, FY 2024 Local Street Pavement Maintenance, and Traffic Calming Program, CIP Project Nos. 14337, 14336, 24302, 14335 and 39807, from the contractor, Roy Allan Slurry Seal, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the FY 2024 Street Improvement Program, FY 2024 Alley Rehabilitation Program, FY 2024 Major Street Maintenance, FY 2024 Local Street Pavement Maintenance, and Traffic Calming Program.

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost. 10O. NOTICE OF COMPLETION - PARK MONUMENT SIGN REPLACEMENT PROGRAM (AUGUST 2023), MAX BERG PLAZA AND MARBLEHEAD PARKS Staff Recommendation
Adopt Resolution No. 24-61, which will:

1. Accept the Park Monument Sign Replacement Program (August 2023), Max Berg Plaza and Marblehead Parks, CIP Project No. 29103, from the contractor, A&D Signs Corporation dba America’s Instant Signs.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the Park Monument Sign Replacement Program (August 2023), Max Berg Plaza and Marblehead Parks.

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13 City Council Special and Regular Meeting Agenda April 16, 2024

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, A&D Signs Corporation dba America’s Instant Signs.
10P. BID REJECTION - NORTH BEACH PLAYGROUND REPLACEMENT Staff Recommendation
Adopt Resolution No. 24-62, which will:

1. Reject all bids for the North Beach Playground Replacement project.

2. Authorize the City Manager and/or his designee to rebid the project with a modified scope.
10Q. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES
Staff Recommendation
Authorize an expenditure of up to $500 related to Mayor Cabral's attendance at The Senate Transportation Subcommittee on LOSSAN Rail Corridor Resiliency in Sacramento, California.

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

12. Future Agenda Items

13. Reports
A. Commissions and Committees
(1) SCHEDULING OF MEETINGS TO INTERVIEW AND APPOINT

INDIVIDUALS TO SERVE ON VARIOUS CITY COMMISSIONS AND

COMMITTEES
Staff Recommendation

1. Should the City Council choose to allow current City Commission and Committee members whose terms are set to expire the opportunity to stay on their respective Commissions/Committees without the need to reapply and interview, direct Staff to contact the

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14 City Council Special and Regular Meeting Agenda April 16, 2024 Commission/Committee members and provide direction to notify us no later than April 22, 2024 with their decision. Staff would then advertise only for vacant positions on each of the Commissions and Committees.

2. Authorize the City Clerk to advertise to fill 22 vacancies on the Beaches, Parks and Recreation Commission, Coastal Advisory Committee, Golf Course Committee, Human Affairs Committee, Investment Advisory Committee, Planning Commission, and Public Safety Committee. All positions are for two-year terms to expire June 30, 2026.

3. Authorize the City Clerk to advertise to fill 1 vacancy on the Coastal Advisory Committee for a one-year term to expire June 30, 2025, to fill the position of Suzie Whitelaw, who recently resigned.

4. Establish two meeting dates in June 2024 to interview and appoint individuals to fill the upcoming vacancies.

B. Council Subcommittee Updates
C. Council Members
D. City Attorney
E. City Manager

14. Adjournment
The next Regular City Council Meeting is scheduled to take place on May 7, 2024.

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

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15 City Council Special and Regular Meeting Agenda April 16, 2024

CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

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

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

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Page 16 of 16 ends

16 910 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: April 16, 2024 Agenda Item: A.

Department: Finance and Administrative Services
Prepared By: Jake Rahn, Financial Services Officer
Subject:
..titl e
FY 2023 ..body-2024 2ND QUARTER AND MID-YEAR BUDGET ADJUSTMENTS Fiscal Impact:

Total mid-year budget adjustments include an increase of $427,970 for revenues and an increase of $2.1 million for expenditures. General Fund revenues increase by $147,770 and expenditures increase $141,350, a net change of $6,420.

Summary:

A mid-year review has been completed by staff to identify and adjust for any differences from the adopted budget. This review includes both revenue and expenditure items, and budget adjustments are listed as an exhibit in the proposed resolution.

Background:

The 2nd Quarter financial report for the General Fund has been prepared and is attached. In conjunction with this mid-year report, a review of all revenue and expenditure budget amounts was completed by staff, reviewed by Finance, and a listing of proposed adjustments to the budget was prepared. Revenue adjustments are based on activity to date or expected amounts for the year, with increases related to property taxes, franchise fee taxes, permit fees, grants, parking meters, and recreation event fees. Expenditure adjustments address impacts related to maintenance of other facilities and increased costs associated with professional services and other operating supplies.

After the proposed adjustments, the General Fund unassigned fund balance is projected to be approximately $4.5 million at the end of FY 2023-24. The General Fund operating position (excluding the effects of one-time revenues and expenditures) is $43,347 reflecting the following operating revenues and expenditures totals:

Adjusted Operating Revenues $79.7 million
Adjusted Operating Expenditures ($79.7 million)
Detailed revenue adjustments are presented in the attached schedule for the General Fund and for Other Funds. Total revenue increases are $427,970, with General Fund increase of $147,770 and Other City funds revenue increases of $280,200. General Fund revenue increases include $225,000 in property taxes, $50,000 from building permits, $59,000 from State and County grant revenues, $85,000 from parking meters, along with a decrease of $250,000 to general sales taxes. General Fund revenue adjustments are summarized in the following table:
17 Meeting Date: April 16, 2024 Agenda Item: A.

CITY OF SAN CLEMENTE 2
General Fund Revenue adjustments:

Property taxes $225,000
General Sales tax ($250,000)
Building Permits $50,000
Intergovernmental (State and County) $59,000
Parking Meters $59,000
Other revenue changes (net) ($21,230)
Total revenue change – increase (decrease) $147,770
Other funds budget revenues increase $280,200 related to a transfer to support extended trolley operations and street sweeping, interest earnings from higher interest rates, additional COPS grant amounts, and miscellaneous reimbursements for various items.

As with revenues, operating costs are reviewed and adjusted based on the mid-year review.

Proposed expenditure adjustments increase by approximately $2.1 million, with a General Fund increase of $141,350 and Other fund increases of $1.9 million. Expenditure adjustments relate to a variety of items including personnel costs, supplies, contractual and professional services and special meetings and events.

Proposed General Fund expenditure increases total $141,350. This is primarily due to inflation or supply cost increases. General Fund expenditure adjustments are summarized in the following table:

General Fund Expenditure adjustments:

Personnel costs ($32,210)
Supplies (Operating supplies) $15,600
Contractual & Professional Services $152,860
Special Meeting and Events $5,100
Total expenditure change – increase (decrease) $141,350 Expenditure adjustments increase Other Funds costs by $1.9 million. These include supply cost increases (including purchased water, chemical supplies, and fuel costs) for $483,170, other contractual services of $465,560, liability claims of $520,000, fleet equipment costs of $111,000 and transfers of $276,800 to support trolley services and street sweeping operations.

Detailed information on all revenue and expenditure adjustments are listed in attachment “B”.

Council Options:
 Adopt the proposed FY 2023-24 Mid-Year Budget Adjustments.  Modify and adopt the proposed FY 2023-24 Mid-Year Budget Adjustments.  Continue the item with direction to provide additional information. 18 Meeting Date: April 16, 2024 Agenda Item: A.

CITY OF SAN CLEMENTE 3
Environmental Review/Analysis:

Not a “project” pursuant to the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation

1. Receive and file the FY 2023-24 2nd Quarter Report - Attachment “A”.

2. Approve and authorize the mid-year budget adjustments for FY 2023-24 as listed in “Attachment B”.
..end
Attachment:

1. FY 2023-24 2nd Quarter Report

2. Listing of Mid-Year Budget Adjustments
Notification:

None.
19 October – December 2023

CURRENT FINANCIAL CONDITION
In FY 2023-24, the City’s adopted General Fund budget
included a positive operating position of $153,000. After budget adjustments, the current operating position is
$43,000. At the end of the second quarter, expenditures exceed revenues due to the timing of property and sales tax receipts. Revenues and expenditures are within
budgetary expectations for this time of the year.

GENERAL FUND
General Fund revenues through the second quarter total
$34.0 million, or 38% of the $89.2 million annual budget.

General Fund revenue is higher than prior year by
$449,110 due to increases in Property taxes and interest.

General Fund expenditures total $41.3 million for the
second quarter, or 41% of the $100.7 million annual
budget, as compared to $39.8 million at this time last
year. In total, expenditures ended the quarter $1.5
million more than the prior year due to salaries and
benefits, supplies, contractual services and capital
outlay, while interfund transfers and debt decreased due to one time pension costs and transfers in the prior year.

Additional information on General Fund revenues and
expenditures are discussed further in this report.

GENERAL FUND REVENUES
Revenues by Category Budget YTD Actual %
Property Taxes $43,235,230 $18,485,014 43%
Sales Tax 13,345,000 4,451,589 33%
Transient Occ. Tax 3,552,000 1,405,878 40%
Other Taxes 3,666,000 596,904 16%
Permits & Fees 1,259,580 792,266 63%
Intergovernmental 943,960 603,730 64%
Service Charges 6,803,170 3,627,960 53%
Fines 524,300 263,042 50%
Interest, Rents, Other 3,425,170 1,706,814 50%
Interfund Transfers 12,429,690 2,054,336 17%
$89,184,100 $33,987,533 38%
Property Taxes: Property taxes total $18.5 million,
primarily from secured taxes. The amount is $849,295
higher than in the prior year due to higher secured
taxes in the current year with supplemental payments
decreasing and other property tax receipts being flat.
Sales Tax: Sales tax receipts amount to $4.5 million,
which is $47,636 higher than in the prior year.
Transient Occupancy Taxes (TOT): Transient
occupancy taxes total $1.4 million, which is lower by
$48,543 from FY 2023 at this time.
Other Taxes: Other taxes, consisting mostly of
franchise fees and business licenses, total $596,904,
which is $199,452 lower than prior year due to lower
cable franchise fees and parimutuel taxes. The largest
franchise fees, from SDG&E and Southern California
Gas, are remitted in April of each year.
Permits & Fees: Permits and fees are at $792,266.

This is $35,535 more than in the prior year, due to an
increase in construction permit fees, such as grading,
and mechanical permits along with higher STLU permit
revenues.
Intergovernmental: Intergovernmental revenue
derives mainly from grant revenues total $603,730,
which is $285,590 higher from the State SONGS grant
receipt and the State Planning Grant (SB2)
reimbursement for the Trak-It grant.
Service Charges: Service charges, from general
government, public safety, parking meter and
recreation, amount to $3.6 million, which is lower than prior year totals by $232,174 due to lower plan check
fees and beach recreation program fees.
Fines: Revenues from fines total $263,042 which is the same as prior year at this time.
 Interest, Rents & Other: Interest, rents and other
reimbursements total $1.7 million, which is a $163,828
increase from the prior year due to an increase in
interest earnings of $91,200 based on interest rates
along with higher rental and lease revenues of $65,700
from sports field rentals.
 Interfund transfers: Interfund transfers decreased
from the prior year by $458,708 due to the timing of
one-time transfers from the Disaster Relief fund in the prior fiscal year.
$89.2 $100.7
38%
$34.0
41%
$41.3
$-
$20.0
$40.0
$60.0
$80.0
$100.0
$120.0 Dollars (in millions)
Revenues Expenditures
General Fund -
Current Year Actual to Budget
Budget Actual
Financial Report
Second Quarter of FY 2023-24
Attachment A
20 Financial Report Second Quarter of FY 2023-24

GENERAL FUND EXPENDITURES
Expenditure by Type Budget YTD Actual %
Salaries $14,726,370 $6,317,025 43%
Benefits 6,787,440 3,935,672 58%
Supplies 1,496,780 643,025 43%
Contractual Services 57,682,850 24,395,548 42%
Other Charges 1,548,750 752,192 49%
Capital Outlay 9,526,770 1,255,225 13%
Interdepartmental 5,530,010 2,780,505 50%
Transfers & Debt 3,434,580 1,239,875 36%
Total $100,733,550 $41,319,067 41%
Expenditure by Dept Budget YTD Actual %
General Government $6,187,140 $2,597,777 42%
City General 6,834,090 2,701,158 40%
Police 23,027,990 10,864,610 47%
Fire 13,855,630 6,917,960 50%
Marine Safety 2,303,860 976,449 42%
Comm. Development 7,503,710 2,904,555 39%
Public Works 34,575,340 11,365,395 33%
Beaches, Parks & Rec 6,445,790 2,991,163 46%
Total $100,733,550 $41,319,067 41%
Expenditures through FY 2023-24’s second quarter are
$41.3 million compared to prior year’s $39.8 million,
reflecting an increase of $1.5 million from the prior year.

Salaries increase by $515,856 due to the filling of staff vacancies and overtime costs. Benefits are mostly flat
with the prior year at this time. Contractual services
increase $3.6 million due to increases in public safety ($1.0 million) and maintenance costs ($2.5 million),
which includes the slope stabilization. Other charges are flat compared to the prior year. Transfers and Debt
decrease from the prior year by $3.3 million due to
pension payments of $2.6 million and the removal of the transfer to subsidize the Clean Ocean fund.

By Department, police and fire decrease $1.2 million with a decrease to the public safety UAL payments of $2.0
million offsetting the higher police/fire contract costs of $0.8 million. Other department changes are as follows:
1) Public works costs increased by $3.3 million due to
increases in personnel, contractual services, and capital outlay, 3) Beaches, Parks and Recreation costs increase $378,799 from higher personnel costs for operations. 4) City General decreased by $762,600 due to lower
contract costs and the removal of the prior year transfer supporting Clean Ocean operations. 5) Community
Development, General Government, and Marine Safety
are relatively flat compared to prior year.

In total, costs are currently within anticipated results at this time of the year based on the budget.

ENTERPRISE FUNDS
The following tables summarize the operating revenues,
operating expenses, and changes in operating fund
working capital for enterprise funds including Water,
Sewer, Golf, and Storm Drain funds.

Revenues
Revenue Budget YTD Actual %
Water Fund $28,419,613 $10,801,511 38%
Sewer Fund 10,888,321 4,390,194 40%
Golf Fund 3,233,863 2,002,941 62%
Storm Drain Fund 1,927,151 604,021 31%
Water commodity revenues decrease $1.4 million based
on lower effluent water usage and timing of SMWD
Recycled Water System revenue. Sewer revenues are
lower by $611,000 mostly based on a lowering of
transfers from depreciation reserves to fund sewer
operations cost.

Golf Course is higher by $300,000 compared to the prior year due to green fee and concession revenues. Storm
drain revenues are higher by $217,000 based on
transfers from depreciation reserves in the current year to support operations.

Expenses
Expenses Budget YTD Actual %
Water Fund $28,286,118 $12,259,039 43%
Sewer Fund 11,951,150 5,521,606 46%
Golf Fund 3,069,240 1,374,325 45%
Storm Drain Fund 1,667,740 780,205 47%
Water expenses increase by $323,000 when compared to
the prior year due mainly to increases in electricity and maintenance of facilities primarily in the recycled water program. Sewer expenses increased by $260,000 due to
increases in personnel, supplies and contractual services.

Golf Course operations remained flat compared to the
prior year. Storm drain operating expenses increased by $60,000 compared to the prior year.

Working Capital
Working Capital Budget YTD Actual
Water Fund $8,066,367 $6,475,344
Sewer Fund 34,830 (33,753)
Golf Fund 1,699,326 2,163,319
Storm Drain Fund 458,283 22,688
Working capital levels are negative in Sewer at the
second quarter of FY 2023-24. The Sewer fund recently
completed a Cost-of Service study to improve the
working capital balance. The Clean Ocean fund is
undergoing a study and fee review, this funding source
will provide assistance to the Storm Drain fund.

ADDITIONAL INFORMATION
General Fund comparative information for the prior year is provided in Table 1 (see attachment).

Attachment A
21 Table 1
General Fund Revenues - By Category
Month Ending December 31, 2023
FY 2023 FY 2023 % of FY 2024 FY 2024 % of
Budget Actual Budget Budget Actual Budget
Property Tax $ 40,993,230 $ 17,635,719 43% 43,235,230 $ $ 18,485,014 43% Sales Tax $ 12,995,000 $ 4,403,953 34% 13,345,000 $ $ 4,451,589 33% Transient Occ. Tax $ 3,005,000 $ 1,454,521 48% $ 3,552,000 $ 1,405,878 40% Other Taxes $ 3,504,000 $ 796,356 23% $ 3,666,000 $ 596,904 16% Permits and Fees $ 1,165,530 $ 756,731 65% $ 1,259,580 $ 792,266 63% Intergovernmental $ 1,324,830 $ 318,140 24% $ 943,960 $ 603,730 64% Service Charges $ 6,258,340 $ 3,860,134 62% $ 6,803,170 $ 3,627,960 53% Fines $ 518,300 $ 256,839 50% $ 524,300 $ 263,042 50%
Interest & Rents $ 3,287,990 $ 1,542,986 47% $ 3,425,170 $ 1,706,814 50% Interfund Transfers $ 4,942,990 $ 2,513,044 51% 12,429,690 $ $ 2,054,336 17% Gen. Fund Total $ 77,995,210 $ 33,538,423 43% 89,184,100 $ $ 33,987,533 38% General Fund Expenditures - By Category
FY 2023 FY 2023 % of FY 2024 FY 2024 % of
Budget Actual Budget Budget Actual Budget
Salaries $ 13,701,490 $ 5,801,169 42% 14,726,370 $ $ 6,317,025 43% Benefits $ 6,625,080 $ 3,862,839 58% $ 6,787,440 $ 3,935,672 58% Supplies $ 1,252,330 $ 558,677 45% $ 1,496,780 $ 643,025 43% Contractual Services $ 46,138,235 $ 20,785,720 45% 57,682,850 $ $ 24,395,548 42% Other Charges $ 1,507,820 $ 769,056 51% $ 1,548,750 $ 752,192 49% Capital Outlay $ 7,759,440 $ 841,872 11% $ 9,526,770 $ 1,255,225 13% Inter Dept Charges $ 5,257,830 $ 2,664,430 51% $ 5,530,010 $ 2,780,505 50% Interfund Transfers & Debt 6,590,840 $ $ 4,536,769 69% $ 3,434,580 $ 1,239,875 36% Gen. Fund Total $ 88,833,065 $ 39,820,532 45% 100,733,550 $ $ 41,319,067 41% General Fund Expenditures - By Department
FY 2023 FY 2023 % of FY 2024 FY 2024 % of
Budget Actual Budget Budget Actual Budget
General Government $ 5,972,440 $ 2,632,821 44% $ 6,187,140 $ 2,597,777 42% City General $ 8,180,850 $ 3,463,758 42% $ 6,834,090 $ 2,701,158 40% Police $ 21,529,275 $ 11,416,800 53% 23,027,990 $ $ 10,864,610 47% Fire $ 14,125,080 $ 7,600,437 54% 13,855,630 $ $ 6,917,960 50% Marine Safety $ 2,163,410 $ 987,132 46% $ 2,303,860 $ 976,449 42% Comm. Development $ 7,819,910 $ 3,047,878 39% $ 7,503,710 $ 2,904,555 39% Public Works $ 22,913,630 $ 8,059,342 35% 34,575,340 $ $ 11,365,395 33% Beaches, Pks & Rec $ 6,128,470 $ 2,612,364 43% $ 6,445,790 $ 2,991,163 46% Gen. Fund Total $ 88,833,065 $ 39,820,532 45% 100,733,550 $ $ 41,319,067 41% Attachment A
22 Mid -Year Budget Adjustments
FY 2023-24REVENUESFund Program Account Account/Project Title Adjustment General Fund Other Funds Explanation 001 000 31110 Current Year Secured Taxes 200,000 200,000 - Adjustment based on property tax rolls 001 000 31130 ERAF Property Tax 25,000 25,000 - Adjustment based on property tax rolls 001 000 31310 General Sales Tax (250,000) (250,000) - Adjustment based on current receipt and expected amount 001 000 31610 San Diego Gas & Electric 50,000 50,000 - Adjustment based on revised expectations001 000 31620 Southern California Gas 30,000 30,000 - Adjustment based on revised expectations 001 000 31640 Cox Cable TV (80,000) (80,000) - Adjustment based on revised expectations 001 000 32210 Building Permits 50,000 50,000 - Based on current activity levels 001 000 33440 S.O.N.G.S. Grant 10,000 10,000 - Based on billed amount 001 000 33790 Other County Grants 49,000 49,000 - Based on revenues for SC Rides reimb 001 000 34132 Improvement Plan Check Fees (20,000) (20,000) - Less commercial and multi-familay development application plan check projects than expected
001 000 34136 Single Family Residence Plan Check Fee 10,000 10,000 - More fixed fee SRF projects submitted for plan check than expected 001 000 34234 Special Beach Events Fees 1,800 1,800 - Increase in Special Event Permit applications 001 000 34237 Film Permit Fees 6,500 6,500 - Increase in drone permits 001 000 34310 Parking Meters 85,000 85,000 - Based on current activity levels 001 000 34520 Engineering Plan Review 1,500 1,500 - More review of Building Permit applications than expected 001 000 34532 Engr. & Geotech. Reimbursements 4,000 4,000 - More reviews/OH than expected001 000 34712 Swimming Pool Rec Prog Fees 17,000 17,000 - Increase in swim lessions at Beach Club with expanded operating hours001 000 34720 Offsite Contract Class Fees (57,030) (57,030) - Reduction in offsite contract class programs (ie. Contract with SC Gymnast001 000 34740 Recreation Special Events 15,000 15,000 - Increase in attendance at City special events002 000 33585 State COPS Grant 15,000 - 15,000 Based on current receipt levels 016 000 36110 Investment Earnings 20,000 - 20,000 Based on current activity levels 021 000 39290 Transfers From Other Funds 176,800 - 176,800 Green line trolley support for pilot period 052 000 36110 Investment Earnings 50,000 - 50,000 Based on current activity levels 052 000 34180 Late Payment Charges (100,000) - (100,000) Due to restrictions on late charges 057 000 39290 Transfers From Other Funds 100,000 - 100,000 Due to restrictions on late charges065 000 39411 Fleet Operating 40,000 - 40,000 Adjustment based on expectations 065 000 39412 Fleet Replacement (40,000) (40,000) Adjustment based on expectations 067 000 36855 Miscellaneous Reimbursements 13,600 - 13,600 Based on current activity levels 068 000 36855 Miscellaneous Reimbursements 4,800 4,800 Based on current activity levels Total REVENUE changes 427,970 147,770 280,200
Funds Affected
$WWDFKPHQW%
23 Mid -Year Budget Adjustments
FY 2023-24EXPENDITURESFund Program Account Account/Project Title Adjustment General Fund Other Funds Explanation 001 142 43570 Accounting And Auditing (5,000) (5,000) - Adjustment based on anticipated costs001 151 43605 Brokers Commissions 2,600 2,600 - Broker commision costs for Novella Royalle amendment 001 171 43560 Clerical Services (12,500) (12,500) - Adjustment based on anticipated costs001 171 43690 Other Professional Services 20,750 20,750 - Adjustment based on anticipated costs001 171 43690 Other Professional Services 3,000 3,000 - Adjustment based on anticipated costs 001 191 41010 Salaries, Regular Full Time (10,000) (10,000) - Adjustment based on anticipated costs001 218 43624 Crossing Guards (23,400) (23,400) - Adjustment based on anticipated costs001 219 44420 Special Meetings And Events 5,100 5,100 - Increased costs related to meetings and events 001 227 43612 Ambulance Program 16,000 16,000 - GEMT Participation Cost Increase001 411 43535 Single Family Residence Plan Check 20,000 20,000 - Potentially more plan check projects than expected. 001 413 41350 Accrued Leave Payoff 6,340 6,340 - More accured leave paid out than expected001 451 42410 Clothing And Uniforms 600 600 - Addition of two new code officers 001 481 41010 Salaries, Regular Full Time (35,700) (35,700) - Salary savings based on vacation position001 611 42490 Other Operating Supplies 25,000 25,000 - Traffic signal knockdowns001 625 41320 Premium Overtime – Regular 2,000 2,000 - Hourly Lifeguard needs + F/T Specialist vacancy 001 626 43890 Other Contractual Services 11,900 11,900 - Field trips require payment at time of reservation; increase offset by revenue offset001 628 41320 Premium Overtime – Regular 6,650 6,650 - New staff working programs for familiarity 001 628 41350 Accrued Leave Payoff (1,500) (1,500) - New staff - no payout balance available001 628 42491 Concession Supplies (10,000) (10,000) - Field Closures - operations closed for weekends001 628 43890 Other Contractual Services 19,450 19,450 - Rooftop replacement of batting cages at Steed001 633 43426 Maintenance Of Trees 30,000 30,000 - Appropriation for Emergency Tree Service/Storms001 634 43470 Maint. Of Other Facilities 30,000 30,000 - Maintain New Flock Cameras for 6 months, ongoing annual cost of $75,000001 635 43470 Maint. Of Other Facilities 25,060 25,060 - Maintenance New Tempoary Pickle Ball Courts 001 636 43470 Maint. Of Other Facilities 15,000 15,000 - Install of 2 Volleyball courts on beach019 819 47250 Transfers To Other Funds 176,800 - 176,800 Transfer to support Green line trolley support for pilot period052 461 42130 Medical Supplies 800 - 800 First aid kits for vehicles, costs increased to restock first aid kits in Bldg N 052 461 43480 Contracted Custodial Services 3,000 - 3,000 Additional custodial services for Bldg N052 461 43565 Answering Service 2,000 - 2,000 Additional funds needed for answering service for Utilities052 462 41320 Premium Overtime – Regular 50,000 - 50,000 Overtime costs higher than anticipated052 462 42280 Protective Supplies 4,000 - 4,000 Additional funds needed for mud boots, respirators, atmospheric analyzers, harnesses and first aid supplies 052 462 42390 Small Tools And Equipment 5,000 - 5,000 Due to increased costs for small tools & equipment, an adjustment is needed 052 462 42610 Purchased Water 160,000 - 160,000 Trabuco Canyon Water District and Baker Reliability Pass Through Charges were delayed and unavailable 052 462 43450 Maintenance Of Operating Equip. 25,000 - 25,000 Calle Agua pump rebuild project 052 462 43470 Maint. Of Other Facilities 181,000 - 181,000 Costs higher than anticipated for JRWSS Operation & Maintenance Chanrges ($89,226.92/month)052 462 43890 Other Contractual Services 20,000 - 20,000 OCFA weed abatement requirements for reservoirs ($15,000), and reservoir inspection/repairs based on Department of Drinking Water requirements after inspection of City facilities ($5,000). 052 463 42150 Chemical Supplies 50,000 - 50,000 Chemicals to treat water have increased as a result of inflation require additional funding. This includes Sodium Hypochlorite and Aqua Ammonia for the City's Reservoir Management System 052 463 42280 Protective Supplies 4,000 - 4,000 Significantly increased costs for PPE, and the need to purchase PPE and safety gear for new staff052 463 43470 Maint. Of Other Facilities 6,000 - 6,000 Unanticipated costs for pump house termite treatment for Reservoir 11 & 12, and fence repair052 463 43440 Maintenance Of Auto Equipment 10,000 - 10,000 A repair for a truck mounted compressor performed by an outside vendor Funds Affected
Attachment B
24 Fund Program Account Account/Project Title Adjustment General Fund Other Funds Explanation 052 463 43890 Other Contractual Services 28,800 - 28,800 An unanticipated expense of $15,000 due to a new fence installation around the Bahia Filter Plant. Santa Margarita Water District costs for Upper Chiquita O&M was was recd late and additional funding is needed to finish out the fiscal year's anticipated expenditures.
052 463 44110 Dues And Subscriptions 2,000 - 2,000 New employees obtaining required certifications052 464 43890 Other Contractual Services 50,000 - 50,000 MWDOC costs for the Water Use Efficiency and school programs came in higher than the initial budget was estimated at $50,000
052 465 42150 Chemical Supplies 100,000 - 100,000 Chemical costs to treat water have increased as a result of the pandemic, which requires additional funding.

This includes deliveries of Sodium Hypochlorite and Aqua Ammonia for the City's Reservoir Management System
052 465 43730 Rental Of Equipment 6,000 - 6,000 An increase is needed for ongoing rental of a Poly-tank which is being renting while the new tank is being constructed and there have been unforeseen construction delays. 052 465 43890 Other Contractual Services 3,000 - 3,000 Santa Margarita Water District Invoice 12454 for $2,908.40 dated 7/31/23 for FY 2023 4th Qtr O&M for Trampas Reservoir & Pico RW PS was recd 12/19/23 and processed from FY 2024 054 471 41350 Accrued Leave Payoff 2,100 - 2,100 Accrued Leave Payoff higher than anticipated054 471 42130 Medical Supplies 1,000 - 1,000 First aid kits, costs increased to restock first aid kits in Bldg J, vehicles, and other WRP buildings054 471 43480 Contracted Custodial Services 5,000 - 5,000 Additional custodial services for Bldg J and other WRP facilities054 471 43565 Answering Service 2,000 - 2,000 Additional funds needed for answering service for Utilities054 471 42380 Office Furniture And Equipment (Non-C 1,670 - 1,670 For new office furniture in the Collections Room to make a meeting space for the newly combined work groups (Collections/Electrical/Mechanical)
054 472 41350 Accrued Leave Payoff 2,000 - 2,000 Accrued Leave Payoff higher than anticipated054 472 42150 Chemical Supplies 70,000 - 70,000 Supply and fuel costs have continued to increase post pandemic, and overall chemical costs to treat wastewater have increased as a result, which requires additional funding. This includes Ferric Chloride, Sodium Hydroxide, Polymer, and Flosperse.
054 472 43370 Landfill Fees 20,000 20,000 Increased costs for transport of biosolids from WRP to composting facilities054 473 42150 Chemical Supplies 8,000 8,000 Additional funds required for purchase of RootX.054 473 42490 Other Operating Supplies 10,000 10,000 Additional funds needed due to inflation for other operating supplies for Collections054 473 43060 Travel And Training 2,380 2,380 Additional Training was needed for new employees054 473 43690 Other Professional Services 7,740 7,740 ECIS contract costs require and adjustment based on the contract amount.056 661 41320 Premium Overtime – Regular 4,100 - 4,100 FT Staff Working Holidays056 661 42110 Horticultural Supplies 13,070 - 13,070 Bunker and Divot Sand056 661 42310 Gasoline 1,700 - 1,700 Based on current fuel and activity levels056 661 42330 Diesel Fuel 5,000 - 5,000 Based on current fuel and activity levels056 661 42550 Automotive & Equipment Parts 11,300 - 11,300 Inflation056 661 43750 Rental Of Uniforms 2,500 - 2,500 More Full Time Staff056 661 43890 Other Contractual Services 58,420 - 58,420 Temporary employees and Men's Club Clock repair057 541 43890 Other Contractual Services (6,780) - (6,780) Reduction in amounts based on contract amounts and levels.057 541 44256 N P D E S Permits 6,000 - 6,000 County Cost-Share was more than anticipated058 518 47250 Transfers To Other Funds 100,000 - 100,000 Transfer to support street sweeping services (trash services)059 551 42380 Office Furniture And Equipment (Non-C 1,380 - 1,380 Office furniture in the Collections Room for a meeting space for the newly combined work groups (Collections/Electrical/Mechanical)
059 552 43890 Other Contractual Services 25,000 - 25,000 Ocean Blue Environmental Services contract for on-call hazardous waste cleanup to cover the contract amount of $75,000 for multiple fiscal years to finish out the contract and cover costs. 059 552 43471 Maint. Of M02 Diversion Facility 14,500 - 14,500 An unforeseen pump rebuild was necessary with funds requested065 619 42310 Gasoline 36,250 - 36,250 Increased fuel prices065 824 45600 Automotive Equipment 111,000 - 111,000 Vehicle costs atnticipated based on quotes and personal watercraft replacement068 816 44050 Claims Paid 520,000 - 520,000 Various claim payments made during the course of the year Total EXPENDITURE changes 2,064,080 141,350
A
1,922,730
ttachment B
25 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 16, 2024 Agenda Item: 7A.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e

PUBLIC HEARING ON ESTABLISHMENT OF RECREATION FEES FOR THE USE OF PICKLEBALL COURTS AND OTHER PICKLEBALL RELATED ACTIONS; AND FINDING SUCH ACTION NOT SUBJECT TO FURTHER ENVIRONMENTAL REVIEW ..body Fiscal Impact:

The annual operational costs for the City’s pickleball courts, including staff and maintenance costs, are $202,910 annually and a full build-out of the permanent pickleball facility at Richard T.

Steed Memorial Park (“Steed Park”), which was approved through the 2023 Steed Park Master Plan update and adoption, is estimated to cost approximately $10.9 million. The adoption of proposed user fees will provide an estimated $629,200 in gross revenue annually, allowing cost recovery for overhead costs as well as helping to defray the costs of the new pickleball facility.

Summary:

The purpose of this staff report is to present a proposal for the establishment of fees for playing at pickleball courts within the City of San Clemente. The proposed fee structure aims to ensure equitable access to pickleball facilities while generating revenue to support maintenance, operations, improvements, and expansion efforts that do not exceed the cost of providing these services.

Background:

As the demand for pickleball court usage continues to rise, there is a need to implement a fee structure that addresses the varying needs of youth, adults, and seniors while maintaining affordability and accessibility.

In establishing the proposed fees, staff considered the following factors:
 Equitable Access: The proposed fee structure considers the financial capabilities of residents and non-residents across different age groups to ensure equitable access to pickleball courts.  Revenue Generation: Implementation of fees will generate revenue to support maintenance, operations, and future enhancements of pickleball facilities while not exceeding the cost of providing these services.
 Affordability: While establishing fees, it is important to maintain affordability for residents, particularly for youth and seniors, to encourage participation and promote active lifestyles. 26 Meeting Date: April 16, 2024 Agenda Item: 7A.

CITY OF SAN CLEMENTE 2
 Usage Management: Court reservation fees aim to manage court usage efficiently, allowing for fair allocation of court time among players.

Additionally, staff utilized analytics to explore the customer/patron usage patterns at San Gorgonio and Steed Park dating back to November 1, 2023. Based on these findings, staff anticipates an estimated 6,000 players per month utilizing the pickleball courts with 80% of users playing at Steed Park. Out of these users, 63% are San Clemente residents. Furthermore, it was gleaned that the average player visits Steed Park for approximately 75 minutes and San Gorgonio for 55 minutes.

Operational Costs
The operational expenses associated with maintaining and staffing two pickleball facilities equate to $202,910 annually. The proposed fees considered the costs for hourly part-time staff to manage the reservations and process memberships and drop-in users. Based on the proposed hours of operations at Steed Park and the established hours at San Gorgonio Park, the total staff costs will be $194,660 annually, and maintenance and operating supplies will be about $8,250 annually. The data below provides an overview of costs.  Hourly Staff Wages (Steed Park): $151,000.00
 Hourly Staff Wages (San Gorgonio Park): $43,660.00
 Contract Maintenance Services: $7,500.00
 Other Operating Supplies: $750.00
Proposed Fees
For the purposes of this proposed fee schedule, youth rates are considered for ages 5-17 years old; adult rates include 18-54 years old; and seniors are 55 years and older. Resident rates are only applicable with valid proof of residency, in alignment with all other City recreation course requirements.

Membership Type Resident Non-Resident
Drop-In (Daily Fee)
Youth $4 $6
Adult $8 $10
Senior $5 $7
Monthly Pass (30 Days)
Youth $25 $32
Adult $40 $50
Senior $35 $45
Season Pass (90 Days)
Youth $70 $88
Adult $112 $140
Senior $98 $123
Annual Pass
27 Meeting Date: April 16, 2024 Agenda Item: 7A.

CITY OF SAN CLEMENTE 3
Youth $225 $335
Adult $550 $745
Senior $415 $545
Court Reservation
(Maximum reservations
2/person/day; up to 6
people/court)
$6 per 90-minute block $8 per 90-minute block
Facility Management & Use
To ensure equity in access to the pickleball courts, staff proposes to schedule Steed Park pickleball courts with a combination of reservation-based play and open play. The tentative schedule below takes into account the peak usage times based on the historical usage data of the pickleball courts.
 Steed Park Open/Drop-In Play
o (8 Courts) Monday – Friday, 7:30 a.m. – 12 p.m.
o (4 Courts) Monday/Wednesday/Friday, 4:30 – 9 p.m.*
o (6 courts) Saturday and Sunday, 7 a.m. – 12 p.m.
o (4 courts) Saturday and Sunday, 4:30 – 6 p.m.
o *Close at 6 p.m. on Fridays
Courts will be available for reservation only outside of the “Drop-In Play” time frames. Note, that during reservation hours, a minimum of two courts will remain available for drop-in play at all times at Steed Park.

This schedule allows for a balance between open play and reserved times, ensuring that both casual players and those with scheduled reservations have ample opportunities to enjoy the pickleball courts throughout the day. Staff requests the City Council’s authority to manage this schedule/setup and make adjustments based on usage and feedback on an ongoing basis.

San Gorgonio Park pickleball will remain reservation-based only with the exception of lessons and clinics offered through the Recreation Division year-round. This aligns with the direction received from the City Council in November 2023 to ensure the site promotes beginning/intermediate play. To further this effort, staff is also proposing to require the use of USA Pickleball-approved quiet paddles only for these courts.

Each pickleball site will be staffed by hourly part-time recreation leader staff with oversight by the Recreation Division. The participant code of conduct utilized at the City’s other recreation facilities with be enforced. Staff will work from a small ticket booth at each site and will utilize the existing recreation registration/point-of-sale system for all reservations and passes. Facilities will be cashless and preregistration will be strongly encouraged.

Additionally, to maximize the use of courts and playability, staff proposes to install court lighting at Steed Park. This additional feature will serve a broader community group who may be otherwise unable to play during the week due to work and other circumstances. At the time of this report, 28 Meeting Date: April 16, 2024 Agenda Item: 7A.

CITY OF SAN CLEMENTE 4
staff is working towards a lighting system designed for pickleball courts that is LED with a directed lighting configuration, intended for sports courts. The lighting system does not require coring or poles to be constructed but rather utilizes the existing court fencing to affix the light panels. This is a significant cost-saving measure. A sample image is provided below.

Hours of Operation
Previous statistical data gathered demonstrated that prime usage of the pickleball facilities is 8 am to 4 pm with peak times at 10 am. The proposed fees are based on a facility operations schedule utilizing the following framework at Steed Park:
 Monday to Thursday, 9 am to 9 pm;
 Friday, 6 am to 6:30 pm;
 Saturday and Sunday, 7 am to 6 pm
The Steed Park facility will be closed on Christmas and may have alternate hours on Christmas Eve, New Year’s Eve, New Year's Day, Easter, the Fourth of July, and Thanksgiving Day.

The hours of operations for San Gorgonio Park will remain Monday to Friday, 9 am to 5 pm with closures on New Year's Day, Labor Day, Thanksgiving Day, and Christmas Day and alternate hours on the Fourth of July.

Council Options:
 Hold a public hearing and adopt Resolution No. 24-46, approving the proposed fee schedule.  Modify the proposed fee schedule based on specific considerations or feedback received during the public hearing. Modifications could include adjustments to fee amounts, the introduction of additional membership options, or changes to the court reservation policy. 29 Meeting Date: April 16, 2024 Agenda Item: 7A.

CITY OF SAN CLEMENTE 5
 Postpone the decision pending further study, which may allow for more time to gather data, solicit feedback from stakeholders, or explore alternative approaches to establishing fees for pickleball court usage.
 Reject the proposed fee schedule and direct staff to revise the fee schedule based on feedback received or explore alternative funding mechanisms for pickleball facilities.

Environmental Review/Analysis:

The establishment of fees for play on the pickleball courts does not constitute a "project" under California Environmental Quality Act (“CEQA”) guidelines Section 15378. The action is administrative in nature and does not have the potential to result in any direct or reasonably foreseeable indirect physical changes to the environment. The establishment of fees for pickleball court use falls within the realm of continuing administrative and maintenance activities aimed at improving the management of recreational facilities and does not entail any physical alterations to the environment. Therefore, this item is not a “project” under CEQA and no further environmental review is required pursuant to CEQA for the establishment of fees for play on the pickleball courts.

The installation of lights at the pickleball courts constitutes a physical alteration to the environment and may result in potential direct or indirect environmental impacts. However, the previously adopted Initial Study and Mitigated Negative Declaration (MND) for Steed Park evaluated the overall project, including improvements to recreational facilities, landscaping, and infrastructure upgrades. The environmental impacts associated with the installation of lights were considered as part of this initial environmental review process.

The MND identified and incorporated feasible mitigation measures to reduce any potential adverse impacts of the new lighting fixtures to a level of insignificance. Mitigation measures may include the shielding of light fixtures to minimize glare, the use of energy-efficient lighting technologies to reduce energy consumption, and the implementation of operational protocols to minimize light spillage beyond the court boundaries. Staff will utilize all these methods to ensure that any environmental impacts associated with the new lighting fixtures are reduced to insignificant levels.

Given that the installation of lights at the pickleball courts is consistent with the scope of the previously approved project and the environmental impacts have been adequately addressed in the adopted MND, and there are no changes in the project, the circumstances, or new information that would require supplemental environmental analysis. Therefore, no additional environmental review is required under CEQA.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council adopt Resolution No. 24-46 entitled, A RESOLUTION OF

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

PICKLEBALL COURT USE FEES, OPERATING SCHEDULES, QUIET PADDLE USE, COURT

LIGHTING INSTALLATION, AND FINDING THE ACTIONS NOT SUBJECT TO FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. ..end
30 Meeting Date: April 16, 2024 Agenda Item: 7A.

CITY OF SAN CLEMENTE 6
Attachment:

Resolution No. 24-46
Notification:

Interested Parties
Public Hearing Notice – San Clemente Times
31 ATTACHMENT 1
RESOLUTION NO. 24-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING PICKLEBALL

COURT USE FEES, OPERATING SCHEDULES, QUIET

PADDLE USE, COURT LIGHTING INSTALLATION, AND

FINDING THE ACTIONS NOT SUBJECT TO FURTHER

ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, pickleball has become a popular recreational activity in our community, and there is a need to establish fees for pickleball court usage at Richard T. Steed Memorial Park and San Gorgonio Park; and
WHEREAS, the City Council acknowledges the importance of providing recreational opportunities for residents and visitors while ensuring responsible use of park facilities; and
WHEREAS, it is necessary to provide both reservations and open play options at Richard T. Steed Memorial Park to accommodate various user preferences and maximize court utilization, while San Gorgonio Park will be reserved for scheduled play only; and WHEREAS, an Initial Study (IS) and Mitigated Negative Declaration (MND) have been adopted and approved for improvements, including lighting at Richard T. Steed Memorial Park; and
WHEREAS, the City held a duly notice public hearing and heard and considered all testimony and public comment provided before and during the public hearing regarding the imposition of pickleball court usage fees.

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

Section 1. That the above recitals are considered findings by the City Council and incorporated into the body of this resolution.

Section 2. That the installation of lights at the pickleball courts was analyzed and mitigated under the previous IS and MND, that the imposition of user fees for pickleball courts and other actions authorized by this resolution are not a “project” under the California Environmental Quality Act, and that no further environmental review is necessary.

Section 3. That fees for pickleball court usage at Richard T. Steed Memorial Park and San Gorgonio Park are hereby authorized as outlined in the attached fee schedule, “Exhibit A”, which is fully incorporate herein by this reference, and such fees do not exceed the cost for the City to provide pickleball services.

Section 4. That the City Manager or his/her designee is hereby authorized to make changes to the operating schedule at Richard T. Steed Memorial Park based on usage 32 Resolution No. 24-46 Page 2
patterns and community needs.

Section 5. That quiet paddle-use only, as designated by USA Pickleball, shall be required at San Gorgonio Park.

Section 6. That court lighting installation at Richard T. Steed Memorial Park is hereby approved to extend playing hours and enhance safety for evening and nighttime use.

Section 7. That to the extent that previous resolutions are in conflict with this resolution, they are repealed to the extent of such conflict only.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
33 Resolution No. 24-46 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. 24-46 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: April 16, 2024 Agenda Item: 7B.

Submitted By: City Clerk
Prepared By: Laura Campagnolo
Subject:
..titl e

EIGHTH PUBLIC HEARING AND INTRODUCTION (FIRST READING) OF AN ORDINANCE FINALIZING

THE DISTRICT MAP TO BRING THE PIER BOWL COMMUNITY OF INTEREST INTO ONE DISTRICT (DISTRICT 3)
..body
Fiscal Impact:

None.

Summary:

Following a series of public hearings required by the California Voting Rights Act (CVRA) and in order to fall within the safe harbor provisions of the CVRA, on November 7, 2023, the City Council adopted Ordinance No. 1762 to transition from at-large to by-district elections for the City Council.

At that time, the City Council indicated that a minor, final adjustment to the district map 109 was still needed in order to bring the Pier Bowl community of interest into one district (District 3) rather than having it split between Districts 3 and 4.

On March 19, 2024, three members of the City Council directed staff to return with an ordinance making this final adjustment to the district map. Before the City Council for introduction and a first reading is Ordinance No. 1775, which would adopt Map No. 120. The only difference between Map No. 109 and Map No. 120 is that it moves the boundary between Districts 3 and 4 to Trafalgar Canyon and therefore keeping the Pier Bowl specific plan area together in District 3.

Background:

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

Following the timeline set forth in Resolution No. 23-85 and Election Code section 10010, the City Council held two more public hearings and introduced an ordinance transitioning from at-large to by-district elections on October 17, 2023. On November 7, 2023, the City Council held its sixth public hearing and adopted Ordinance No. 1762 to transition to by-district elections.

November 7, 2023 was the last regular City Council meeting before the expiration of one of the safe harbors under the CVRA. If the City had not adopted Ordinance No. 1762 at that meeting, 36 Meeting Date: April 16, 2024 Agenda Item: 7B.

CITY OF SAN CLEMENTE 2
the City would have faced increased litigation and damages exposure. The City had previously requested an extension of the deadlines under the CVRA from the attorney for the plaintiff who had threatened to sue the City under the CVRA and such extension request was denied.

During public testimony at the November 7, 2023 public hearing, it was brought to the City Council’s attention that the district map up for second reading and adoption (Map 109) did not accurately reflect the Pier Bowl specific plan. Following discussion, the City Council directed staff to return with an amendment to the map to include the neighborhoods in the Pier Bowl with Trafalgar Canyon as the cut off for District 3. Map 120 is included as Exhibit A to Ordinance No. 1775 (Attachment 1) of this administrative report.

It should be noted that in order for this final modification to the district map to be effective for the November 5, 2024 General Municipal Election, any changes to the map must be completed and filed with the Orange County Registrar of Voters no later than July 3, 2024. With the introduction of the proposed Ordinance tonight (the City Council meeting on April 16, 2024), the second reading and adoption of the Ordinance could take place on May 7, 2024. The Ordinance would then become effective 30 days after the date of adoption (i.e., June 6, 2024). At that point, staff would send the final map to the Registrar of Voters and no further changes could be made for the 2024 election.

Legal Requirements:

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

2. Each council district shall be drawn in a manner that complies with the Federal Voting Rights Act. No council district shall be drawn with race as the predominate factor in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny.

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

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

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

6. To the extent practicable, and where it does not conflict with the preceding criteria, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations and where doing so does not conflict with higher-ranked criteria.
37 Meeting Date: April 16, 2024 Agenda Item: 7B.

CITY OF SAN CLEMENTE 3
Council Options:
 Introduce Ordinance No. 1775, which (on adoption) would make final modifications to the district election map to bring all of the Pier Bowl specific plan area into District 3 (as reflected in Map 120) and complete the transition to by-district elections.  Modify and introduce Ordinance No. 1775.
 Direct staff to return to Council with additional information.  Take no action, which would leave Map 109 in place.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation

1. Open the public hearing, hear public comment and testimony, and close the public hearing; and

2. Introduce and conduct the first reading of Ordinance No. 1775 entitled “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.11 TO FINALIZE THE DISTRICT MAP AND BRING THE PIER BOWL COMMUNITY OF INTEREST INTO ONE DISTRICT (DISTRICT 3).” ..end
Attachment:

1. Ordinance No. 1775
Notification:
1/8 Page Ad in the San Clemente Times in English and Spanish 38 Attachment 1
ORDINANCE NO. 1775

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SAN
CLEMENTE MUNICIPAL CODE SECTION 2.04.11 TO

FINALIZE THE DISTRICT MAP AND BRING THE PIER

BOWL COMMUNITY OF INTEREST INTO ONE DISTRICT
(DISTRICT 3)
WHEREAS, the City of San Clemente, California (“City”) is a general law city, duly organized under the Constitution and laws of the State of California; and WHEREAS, the City of San Clemente adopted Ordinance No. 1762 on November 7, 2023 transitioning from an at-large election system to by-district elections; and
WHEREAS, November 7, 2023 was the last regular City Council meeting before the expiration of one of the safe harbors under the California Voting Rights Act (CVRA) and if the City had not adopted Ordinance No. 1762 at that meeting, the City would have faced increased litigation and damages exposure; and WHEREAS, the City had previously requested an extension of the deadlines under the CVRA from the attorney for the plaintiff who had threatened to sue the City under the CVRA and such extension request was denied; and WHEREAS, during public testimony at the November 7, 2023 public hearing, it was brought to the City Council’s attention that the district map up for second reading and adoption (Map 109, which was a map drawn by a member of the public) did not accurately reflect the Pier Bowl Specific Plan (a community of interest) and following discussion, the City Council directed staff to return with an amendment to the map to include the neighborhoods in the Pier Bowl with Trafalgar Canyon as the boundary for District 3; and
WHEREAS, the City Council, while being aware of the error, adopted Map 109 on November 7, 2023 in order to stay within the safe harbor provisions of California Elections Code § 10010(e)(3)(B), and avoid exposure to litigation; and WHEREAS, when it adopted Ordinance No. 1762, the City Council stated its intent that the error in the boundary of the Pier Bowl should be corrected after map adoption; and
WHEREAS, the Pier Bowl is a community of interest and having the entire Pier Bowl Specific Plan area in the same district is consistent with the Fair And Inclusive Redistricting for Municipalities And Political Subdivisions (FAIR MAPS) Act and the California Voting Rights Act (CVRA); and
39 Ordinance No. 1775 Page 2
WHEREAS, the Pier Bowl community of interest can be united without substantially affecting the populations of the new districts or the intent of Map 109; and
WHEREAS, dividing the Pier Bowl community of interest exposes the City to potential litigation under the FAIR MAPS Act; and
WHEREAS, adjusting the boundary between Districts 3 and 4 to Trafalgar Canyon would unite a community of interest into a single district for its fair and effective representation, would align the boundary between District 3 and District 4 with the Pier Bowl Specific Plan and the natural boundary of that specific plan, would not substantively affect the populations in those districts, the eligibility of candidates, or the residence of elected officials within any district, is a technical adjustment that the City Council expressly stated and intended be made when it adopted Ordinance No. 1762, is consistent with and furthers the purposes of the CVRA and the FAIR MAPS Act, and is in the best interests of the public;
WHEREAS, on March 19, 2024, the City Council directed staff to return with this Ordinance to make the final adjustment to the district map; and WHEREAS, the final adjustment to the district map was published as "Map 120" and was made available for public review.

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

Section 1: SAN CLEMENTE MUNICIPAL CODE SECTION 2.04.11 AMENDED San Clemente Municipal Code section 2.04.11 is hereby amended to replace Exhibit A (Map 109) with Exhibit A (Map 120) attached hereto and incorporated into this Ordinance fully by this reference.

Section 2: INCONSISTENCIES
To the extent the terms and provisions of this Ordinance may be inconsistent or in conflict with the terms or conditions of any prior City ordinance, motion, resolution, rule or regulation governing the same subject, the terms of this Ordinance shall prevail with respect to the subject matter thereof.

Section 3: INTERPRETATION
In interpreting this Ordinance or resolving any ambiguity, this Ordinance shall be interpreted in a manner that effectively accomplishes its stated purposes in a legal manner.
40 Ordinance No. 1775 Page 3
Section 4: EFFECTIVE DATE
This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of San Clemente shall cause this Ordinance to be published pursuant to the provisions of Government Code § 36933.

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

Section 6: CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law, and the same shall take effect as provided by law.

APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
41 Ordinance No. 1775 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1775 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
42 3

3.5%
4 -4.69%
1 -3.01%
2 4.2%
5 5
Ave La Pata
Cam Del Rio
W Ave Palizada
Ave Victoria
Ave Pico
E Ave Magdalena
Portico Del Norte
Cll Frontera
Ave Vaquero
Cam De Los Mares
Ave Talega
Ave Presidio
Ave Vista Hermosa
Cll Del Cerro
Cam La Pedriza
Districting 2023
City of San Clemente
Map 120
©2021 CALIPER National Demographics Corporation, November 15, 2023 Exhibit A
43 Map 120
District 1
Total Pop 15,611
Deviation from ideal -485
% Deviation -3.01%
% Hisp 13%
% NH White 75%
% NH Black 1%
% Asian-American 7%
Total 11,758
% Hisp 10%
% NH White 81%
% NH Black 0%
% Asian/Pac.Isl. 8%
Total 11,858
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 89%
% NH Black 0%
Total 10,836
% Latino est. 7%
% Spanish-Surnamed 7%
% Asian-Surnamed 3%
% Filipino-Surnamed 1%
% NH White est. 0%
% NH Black 0%
Total 8,444
% Latino est. 6%
% Spanish-Surnamed 2%
% Asian-Surnamed 2%
% Filipino-Surnamed 1%
% NH White est. 90%
% NH Black est. 0%
ACS Pop. Est. Total 16,008
age0-19 26%
age20-60 46%
age60plus 28%
immigrants 12%
naturalized 77%
english 86%
spanish 5%
asian-lang 1%
other lang 8%
Language Fluency Speaks Eng. "Less than Very Well" 4%
hs-grad 43%
bachelor 30%
graduatedegree 23%
Child in Household child-under18 36%
Pct of Pop. Age 16+ employed 62%
income 0-25k 8%
income 25-50k 8%
income 50-75k 6%
income 75-200k 42%
income 200k-plus 36%
single family 95%
multi-family 5%
rented 15%
owned 84%
Total population data from the California adjustment to the 2020 Decennial Census.

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

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

4.20%
16%
71%
2%
8%
11,193
13%
74%
5%
7%
10,416
8%
8%
3%
1%
85%
2%
9,370
8%
8%
4%
1%
2%
2%
6,882
7%
3%
3%
1%
88%
2%
16,584
33%
49%
18%
10%
77%
86%
5%
2%
7%
2%
38%
38%
23%
45%
67%
7%
8%
7%
41%
36%
80%
20%
23%
77%
3 16,660
564

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

8.89%
18%
71%
1%
6%
47,686
12%
78%
2%
6%
44,030
9%
9%
2%
1%
87%
1%
39,449
8%
8%
3%
1%
1%
1%
29,159
7%
2%
2%
0%
89%
1%
64,424
24%
50%
26%
11%
69%
84%
9%
2%
5%
4%
44%
30%
21%
31%
65%
9%
10%
9%
43%
29%
71%
29%
35%
65%

Page 1 of 1 ends

Total Pop
Citizen Voting Age Pop
Voter Registration
(Nov 2020)
Voter Turnout
(Nov 2020)
Voter Turnout
(Nov 2018)
Age
Immigration
Language spoken at home
Education
(among those age 25+)
Household Income
Housing Stats
11/15/2023 14:02 44
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: April 16, 2024 Agenda Item: 7C.

Submitted By: Community Development
Prepared By: Danielle Sorahan, Code Compliance Manager
Subject:
..titl e
WEED ABATEMENT 2024 - ORDER TO ABATE NUISANCES BY HAVING WEEDS,

RUBBISH, AND REFUSE, REMOVED FROM VACANT AND UNOCCUPIED, DEVELOPED

PROPERTIES, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

The Weed Abatement Program is budgeted annually in the General Fund and $160,000 was appropriated for fiscal year 2024 to cover all program costs (Acct. # 001-452-43000).

Summary:

This is a public hearing concerning the abatement of weeds, rubbish, and refuse, and consideration of a resolution authorizing the Community Development Director to address these nuisances. Following approval, the City’s weed abatement contractor will initiate the clearance of all vacant properties in San Clemente that fail to meet the City’s weed abatement standards starting from May 15, 2024. Subsequently, the costs incurred by the weed abatement contractor for clearing non-compliant lots will be invoiced to the respective property owners. Any outstanding bills remaining by the end of 2024 will be forwarded to the County for the imposition of liens to recover those costs.

Background:

At the March 19, 2024 meeting, the City Council adopted Resolution 24-40 declaring weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways and private property to be public nuisances and providing for their abatement. On April 1, 2024, the City’s weed abatement contractor completed the required public notification process by mailing “notification of the need to abate” letters to owners of 541 vacant and unoccupied, developed properties in the City. This list was compiled using the most current information provided by the Orange County Assessor’s office. The list was approved by the Council on March 19, 2024.

Council Options:
• Adopt Resolution 24-47 directing the abatement of weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property.
• Continue the Item with direction to provide additional information. • Provide specific direction to the City Manager for action. • Deny Resolution 24-47 with direction to reconsider the item. 45 Meeting Date: April 16, 2024 Agenda Item: 7C.

CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

The Community Development Department completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the City Council determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Sections 15301(h) (Class 1: Existing Facilities), 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment), and 15321 (Class 21: Enforcement Actions by Regulatory Agencies) because the project is limited to maintenance of existing landscaping, native growth, and water supply reservoirs, the project consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment, and the project consists of actions by regulatory agencies to enforce a law, general rule, standard, or objective, administered or adopted by the regulatory agency.

Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-47 entitled A

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

ORDERING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES

BY HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED FROM VACANT

PROPERTIES AND UNOCCUPIED, DEVELOPED PROPERTIES WITHIN THE CITY AND

NOTIFYING THE STATE, COUNTY, OR ANY OTHER PUBLIC AGENCY AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS 15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR § 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8: ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF THE ENVIRONMENT, AND 15321, CLASS 21: ENFORCEMENT ACTIONS BY REGULATORY AGENCIES).
..recommendation
..end
Attachment:

1. Resolution 24-47

2. Private Property List

3. Affidavit of Mailing Notice

4. Letter to Property Owner’s

5. Notice of Public Hearing published in the San Clemente Times Notification:

E. Stewart & Associates, Inc.

Notice of Public Hearing Letter Mailed to Vacant Lot List Property Owners Notice of Public Hearing notice published in San Clemente Times
46 Attachment 1
RESOLUTION NO. 24-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, ORDERING THE DIRECTOR OF

COMMUNITY DEVELOPMENT TO ABATE THE NUISANCES BY

HAVING WEEDS, RUBBISH, REFUSE AND DIRT REMOVED

FROM VACANT PROPERTIES AND UNOCCUPIED, DEVELOPED

PROPERTIES WITHIN THE CITY, NOTIFYING THE STATE,

COUNTY, OR ANY OTHER PUBLIC AGENCY, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS
15301, 15308, AND 15321 OF THE CEQA GUIDELINES (14 CCR
§§ 15301(h), CLASS 1: EXISTING FACILITIES, 15308, CLASS 8:

ACTIONS BY REGULATORY AGENCIES FOR PROTECTION OF
THE ENVIRONMENT, AND 15321, CLASS 21: ENFORCEMENT

ACTIONS BY REGULATORY AGENCIES)
WHEREAS, the City Council of San Clemente on March 19, 2024, adopted Resolution 24-40 pursuant to Sections 39561 and 39562 of the California Government Code declaring weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property to be public nuisances and providing for the abatement thereof; and WHEREAS, the Code Compliance Division has completed the necessary public notices to owners of each parcel identified in the Weed Abatement Program, as listed in Exhibit 1 of Resolution 24-40; and
WHEREAS, these property owners have been notified that all weeds must be cut to a height no higher than one inch (1") from the ground and the property must be maintained in this manner for the remainder of the calendar year; and WHEREAS, pursuant to Government Code section 39567.1, these property owners have been informed that if they do not remove the weeds, rubbish, refuse, and dirt, then the City will remove these nuisances, and the cost of the removal plus all related administrative costs will be billed to the non-compliant property owners; and if these costs are not paid to the City when billed, those costs will be assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid; and
WHEREAS, these property owners have been properly notified of the public hearing on this matter; and
WHEREAS, on April 16, 2024, the City Council held a duly noticed public hearing, and received, heard and considered all evidence and testimony presented at and before such public hearing.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
47 Resolution No. 24-47 Page 2
SECTION 1: Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as fully set forth in this resolution.

SECTION 2: CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the City Council, and the facts outlined below, the City Council hereby finds and determines that the proposed project is categorically exempt from CEQA pursuant to State CEQA Guidelines Sections 15301(h) (Class 1:

Existing Facilities), 15308 (Class 8: Actions by Regulatory Agencies for Protection of the Environment), and 15321 (Class 21: Enforcement Actions by Regulatory Agencies).

The Class 1 exemption specifically exempts from further CEQA review the operation, repair, maintenance, and minor repair of existing public or private structures, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. This exemption covers, but is not limited to, maintenance of existing landscaping, native growth, and water supply reservoirs. The project does not change the existing general use of the site. Thus, the project qualifies for the Class 1 exemption.

The Class 8 exemption specifically exempts from further CEQA review actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The purpose of the weed abatement process is to protect the City’s environmental resources by reducing the possibility of weed and debris fires in San Clemente. Thus, the project qualifies for the Class 8 exemption.

The Class 21 exemption specifically exempts from further CEQA review actions taken by regulatory agencies to enforce a law, general rule, standard, or objective, administered or adopted by the regulatory agency. The weed abatement process enforces the Resolution 23-09, A Resolution of the City Council of the City of San Clemente, California, Pursuant to Section 39561 And 39562 of the California Government Code Declaring Weeds, Rubbish, Refuse, And Dirt Upon Streets, Sidewalks, Parkways, and Private Property to be Public Nuisances and Providing for the Abatement Thereof.

Thus, the project qualifies for the Class 21 exemption.

Furthermore, none of the exceptions to the use of the Class 1, 8, and 21 categorical exemptions identified in State CEQA Guidelines section 15300.2 apply. The project will not result in a cumulative impact from successive projects of the same type in the same place over time. The weed abatement process consists of regular maintenance activities to reduce the risk of fires in the City. There are no unusual circumstances surrounding the project that result in a reasonable possibility of a significant effect on the environment because the project is limited to the removal of weeds, rubbish, refuse, and dirt upon streets, sidewalks, parkways, and private property. The project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The project does not include any hazardous waste sites, and the project will not cause a 48 Resolution No. 24-47 Page 3
substantial adverse change in the significance of a historical resource. The project will be carried out on vacant or unoccupied, structured lots with no historical resources affected.

And the project has no possibility of a direct or foreseeable indirect significant impact on the environment. Thus, the Class 1, 8, and 21 exemptions apply, and no further environmental review is required.

SECTION 3: The City Council, pursuant to Government Code section 39571, hereby directs the Community Development Director, or their designee, to abate the nuisances by having the weeds, rubbish, refuse, and dirt removed from vacant and unoccupied, developed properties within the City of San Clemente that are not in compliance with the weed abatement standards, as indicated on the notices mailed to the property owners, at such owners’ cost, at such time as the City’s Weed Abatement Contractor arrives at the property and to notify the State, County, or any other public agency of such nuisances.

SECTION 4: The cost of the removal plus all related administrative costs will be billed to the non-compliant property owners; and if these costs are not paid to the City when billed, those costs will be assessed upon the land from or in front of which the weeds, rubbish, refuse, and dirt are removed and will constitute a lien upon such land until paid.

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

PASSED AND ADOPTED this _____ day of _________________, 2024.

ATTEST:
_______________________________ _____________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
49 Resolution No. 24-47 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. 24-47 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:

APN SITUS OWNER MAILING ADDRES CITY/STATE/ZIP PHONE
057-013-12 530 E AVENIDA PICO BOO SUP CHAE AND KYUNG SUK CHAE LIV TRUST 32 ANTIQUE ROSE IRVINE CA 92620-4802057-013-13 524 E AVENIDA PICO BOO SUP CHAE AND KYUNG SUK CHAE LIV TRUST 32 ANTIQUE ROSE IRVINE CA 92620-4802057-031-33 115 AVE SIERRA BRADLEY S. BASHAM 149 W. Avenida Ramona SAN CLEMENTE CA 92672 361-2203057-032-03 LA PLACENTIA JOYE & RICHARD BLACKBURN 933 NEDINBURGH AVE LOS ANGELES CA 90046- 6917 (323) 848-9540057-033-01 106 AVE SIERRA MAUREEN R HENRY P.O. BOX 253 SAN CLEMENTE CA 92674 (323) 848-9540057-033-39 142 AVE SIERRA SCOTT MCGEE 2445 EDEN AVE, #N COSTA MESA, CA 92627- 5105 949-515-8944057-033-42 136 AVENIDA SIERRA NAM LIVING TRUST 24322 WHITNEY COURT LAGUNA NIGUEL, CA 92677057-033-46 128 AVENIDA SIERRA NDH INVESTMENT LLC 15751 BROOKHURST STREET, #234 WESTMINSTER CA 92683- 7579057-061-12 239 LA CUESTA CHUNHUI ZHAO 52 RED SHIFT IRVINE, CA 92618057-072-14 106 CALLE BELLA LOMA COLEMAN, SUSAN J 34 W BONITA AVE SIERRA MADRE, CA 91024- 2410057-072-21 TERRAZA VISTA BAHIA GEORGE LMEAD Ill TRUST/ANAST 102 TERRAZA VISTA BAHIA SAN CLEMENTE, CA 92672- 3151 492-5433057-072-38 153 EL LEVANTE GARABED ARABIAN 155 EL LEVANTE SAN CLEMENTE, CA 92672- 3138057-072-46 EL LEVANTE JOSH & CHRISTINA SMALLWOOD 152 EL LEVANTE SAN CLEMENTE, CA 92672057-081-03 PATERO DE ORO SCOTT STRUTHERS 208 AVENIDA FABRICANTE SAN CLEMENTE CA 92672 949-369-8036057-081-12 132 AVENIDA DE LA PAZ HEDGEMON SC LLC PO BOX 6569 IRVNE, CA 92616057-081-18 DE LA PAZ, SAN CLEMENTE HEDGEMON SC LLC PO BOX 6569 IRVINE, CA 92616057-091-11 AVE CABALLEROS JHANSI &SYAM KUNAM 11661 LARGO CT. LOMA LINDA, CA 92354-3976057-091-14 AVE CABALLEROS JHANSI &SYAM KUNAM 11661 LARGO CT. LOMA LINDA, CA 92354-3976057-091-15 AVE CABALLEROS JHANSI &SYAM KUNAM 11661 LARGO CT. LOMA LINDA, CA 92354-3976 ATTACHMENT 2
52 057-091-20 AVE CABALLEROS JHANSI &SYAM KUNAM 11661 LARGO CT. LOMA LINDA, CA 92354-3976 057-091-22 AVE CABALLEROS JHANSI &SYAM KUNAM 11661 LARGO CT. LOMA LINDA, CA 92354-3976057-091-23 AVE CABALLEROS JHANSI &SYAM KUNAM 11661 LARGO CT. LOMA LINDA, CA 92354-3976057-092-05 123 AVENIDA PIZARRO SAMUEL C & HELEN TUNG 6407 E VIA ARBOLES ANAHEIM, CA 92807-4218 714-394-2660057-092-19 148 AVENIDA DE LA PAZ DE LA PAZ DEVELOPMENT CO 216 E AVENIDA SAN GABRIEL SAN CLEMENTE CA 92672- 3229 949492-2171 057-092-20 AVE ESPERANZA WALTER LLOYD DIECKMANN P.O. BOX 1691 WILDOMAR CA 92595-1691 760/567-5808057-095-01 N ESPERANZA EDWARD M SANCHEZ 1287 E 15TH STREET LONG BEACH CA 90813057-102-37 EL LEVANTE PETER & EVA CAMACHO LIVING TR 791 TENDER LN. FOSTER CITY CA 94404-2918057-102-38 EL LEVANTE IPANEMA MANAGEMENT LLC 5150 N MIAMI AVENUE MIAMI FLORIDA 33127-2122057-102-40 EL LEVANTE HO HUAN VAN/TIFFANY 1619 CREEKSIDE DRIVE SUGARLAND, TX 774784203057-102-41 EL LEVANTE BETTY JANE BALL RETURN MAIL No updated address with the Count y
057-102-43 134 EL LEVANTE JEFFREY & JENNIFER HILL SUSTAITA 134 EL LEVANTE SAN CLEMENTE CA 92672- 3135057-102-54 126 N LA ESPERANZA THONG M. DINH 1525 W SAN LORENZO AVENUE SANTA ANA, CA 92704-6225057-102-55 128 N LA ESPERANZA DANIEL D. DINH 111 El LEVANTE SAN CLEMENTE, CA 92672- 3136057-102-56 106 EL LEVANTE PACIFIC GROUP REALTY LLC 26449 RANCHO PKWY S LAKE FOREST, CA 92630- 8326057-102-57 108 EL LEVANTE XUEGUANG WANG & LIU LING 13242 TIBURON WAY TUSTIN, CA 92782-8612057-102-58 110 EL LEVANTE XUEGUANG WANG & LIU LING 13242 TIBURON WAY TUSTIN, CA 92782-8612057-102-59 112 EL LEVANTE XUEGUANG WANG & LIU LING 13242 TIBURON WAY TUSTIN, CA 92782-8612057-102-60 116 EL LEVANTE XUEGUANG WANG & LIU LING 13242 TIBURON WAY TUSTIN, CA 92782-8612057-102-61 118 EL LEVANTE FIRST GOLDEN VILLAGE SAN CLEMENTE 14536 BROOKHURST ST. STE 1 WESTMINSTER CA 92683 714-531-2897057-102-62 120 EL LEVANTE FIRST GOLDEN VILLAGE SAN CLEMENTE 14536 BROOKHURST ST. STE 1 WESTMINSTER CA 92683 714-531-2897057-102-63 122 EL LEVANTE FIRST GOLDEN VILLAGE SAN CLEMENTE 14536 BROOKHURST ST. STE 1 WESTMINSTER CA 92683 714-531-2897057132-28 ESTRELLA AND PALIZADA URBAN DEVELOPMENT CORP PO BOX 519 TEMPLE CITY, CA, 91780- 0519057-151-04 LA RONDA YELLOWTAIL ENTERPRISES, LLC 7 AVIGNON IRVINE, CA 92606 53 057-151-05 LA RONDA YELLOWTAIL ENTERPRISES, LLC 7 AVIGNON IRVINE, CA 92606 057-151-26 111 LA RONDA YELLOWTAIL ENTERPRISES, LLC 7 AVIGNON IRVINE, CA 92606057-152-07 EL PORTAL SHAROS INVESTMENTS FUNDS LLC 3972 BARRANCA PARKWAY, #J226 IRVINE, CA 92606-1204057-152-08 EL PORTAL SHAROS INVESTMENTS FUNDS LLC 3972 BARRANCA PARKWAY, #J226 IRVINE, CA 92606-1204057-161-14 CALLE REDONDEL TOMMY R. & DOREEN F. SPENCER 5607 GREENLEAF AVENUE CITY OF INDUSTRY, CA 90601-2455057-162-09 N AVE DE LA ESTRELLA ANDERSEN FAMILY TRUST 2387 FOOTHILL DRIVE VISTA, CA92804-5808 307-679-1373057-162-13 1511 AVENIDA DE LA ESTRELL RANDALL STAMEN P.O. BOX 173859 DENVER, CO 80217 951-787-9788 057-162-15 AVE DE LA ESTRELLA JULIETTE MATSON TRST, C/O TONY AMARO 806 E AVENIDA PICO, SUITE #1 SAN CLEMENTE, CA 92673 057-162-17 AVE DE LA ESTRELLA JULIETTE MATSON TRST, C/O TONY AMARO 806 E AVENIDA PICO, SUITE #1 SAN CLEMENTE, CA 92673057-162-54 122 CALLE REDONDEL JULIE QUACH 1409 N GLENARBOR STREET SANTA ANA CA 92706-3129057-170-22 110 CALLE DE LOS MOLINOS GINA CHRISTENSEN TRUST N8010 COUNTY ROAD E WATERTOWN, WI 53094- 9535057-191-31 1629 N El Camino Real CARDINAL INC. PROP.-LA LOM/EXT 375 BRISTOL ST #50 COSTA MESA CA 92626-7970057-191-60 1731 N EL CAMINO REAL KOLLIAS FAMILY TRUST 27301 CALLE DON CARLO SAN JUAN CAPISTRANO, CA 92675057-234-36 412 AVENIDA SALVADORE NELSON, WILLIAM M 8915 RESEARCH DRIVE, #200 IRVINE, CA 92618-4260057-252-02 717 AVENIDA COLUMBO PETER, DAVID W 719 AVENIDA COLUMBO SAN CLEMENTE, CA 92672- 2223057-252-03 715 AVENIDA COLUMBO GIL A. & VENETA MORENO 1206 CALLE TOLEDO SAN CLEMENTE, CA 92672- 5407058-051-35 106 W ESCALONES EL CAMINO REAL DEVELOPMENT P C/0 JOHN MICHALEC 145 EL LE SAN CLEMENTE CA 92672- 3138058-062-07 119 W MARQUITA SANTOYO FAMILY TRUST 874 GOVERNOR ST COSTA MESA CA 92627-3342058-072-11 136 AVENIDA SERRA PACIFIC DIVERSIFIED LLC P.O. BOX28 LAGUNA BEACH CA 92652- 0028058-073-40 100 AVENIDA CABRILLO CABRILLO LOTS, LLC 23591 EL TORO RD. STE 270 LAKE FOREST CA 92630 323-666-6752 058-073-41 166 AVE CABRILLO CABRILLO LOTS, LLC 23591 EL TORO RD. 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76 ATTACHMENT 4
77 ATTACHMENT 5

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN THAT A PUBLIC

HEARING WILL BE HELD BY THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
RELATIVE TO THE FOLLOWING:

Weed Abatement Program 2024
Public Hearing to consider all objections or protests, if any, to the proposed abatement of weeds, rubbish, refuse and dirt upon streets, sidewalks, parkways and private property within the City of San Clemente. Further information may be obtained by contacting the Code Compliance Division at (949) 366-4705.

If you challenge this item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of San Clemente at, or prior to, the public hearing.

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

NOTICE IS FURTHER GIVEN that said public hearing will be conducted by the San Clemente City Council on Tuesday, April 16, 2024 at 6:00 p.m. in the City Council Chambers located at 910 Calle Negocio, 2
nd floor, San Clemente. All interested persons are invited to attend said hearing or to provide written communication to the City Council to express their opinion for or against the project.

LAURA CAMPAGNOLO
City Clerk and Ex-Officio
Clerk of the Council
78 910 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: April 16, 2024 Agenda Item: 7D.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e
PUBLIC HEARING ON ADOPTION OF THE 2024-2025 ANNUAL ACTION PLAN FOR EXPENDITURES ..body OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Fiscal Impact:

The Annual Action Plan (AAP) will have a positive fiscal effect by adding an estimated $300,000 of Community Development Block Grant (CDBG) funds to the Miscellaneous Grant Fund.

Summary:

Before the City Council is a resolution approving and adopting the 2024-2025 AAP required by the U. S. Department of Housing and Urban Development (HUD). The purpose of the AAP is to receive the City's annual allocated CDBG funds and set forth specific activities to be funded for the upcoming program year.

Background:

Each year, HUD determines the amount of CDBG funds that the City receives based on various community factors such as population, household income, and housing needs. To receive CDBG funds from HUD, the City must adopt an AAP that lists eligible projects and activities to be carried out during the next fiscal year with CDBG funds.

Due to the delay in the approval of the 2024 federal budget, HUD has not notified the City how much it will receive in CDBG funds for FY 2024-25; however, HUD allows the City to estimate grant funding in order to meet the CDBG application deadline of May 15. For planning purposes, Community Development staff estimates that the City will receive $300,000 in FY 2024-25 CDBG funds – approximately three percent less than current year funds. Staff has also identified $134,471 in prior year, uncommitted CDBG funds that are available for programming in FY 2024-

25. Finally, program income received during the year from repayment of prior funded housing rehabilitation loans will be available to support additional housing rehabilitation activities.

All funds must be used to benefit persons of low or moderate income, or targeted populations identified by HUD. HUD regulations require the draft AAP to be available for public review for 30 days. The City must also hold a public hearing to obtain public comments regarding the draft AAP and proposed use of CDBG funds.

A notice was published in the San Clemente Times on March 14, 2024, announcing the 30-day comment period and the April 16, 2024, public hearing date. The required comment period commenced on March 15, 2024, and ended on April 15, 2024. 79 Meeting Date: April 16, 2024 Agenda Item: 7D.

CITY OF SAN CLEMENTE 2
Discussion:

All recipients of CDBG funds are required to prepare a Consolidated Plan. The Consolidated Plan identifies a jurisdiction's overall housing and community development needs. It also outlines specific goals and objectives that will guide the City's CDBG funding priorities over a multi-year period. The City Council adopted the current Consolidated Plan in May 2020. According to the City's 2020-2024 Consolidated Plan, CDBG funding priorities fall into four general categories: 1) public improvements, 2) housing and commercial rehabilitation, 3) public services, and 4) program administration.

1. Public Improvements
According to HUD, CDBG funds may be used for activities that include, but are not limited to, the construction or rehabilitation of public facilities and improvements, such as streets, sidewalks, community centers, and neighborhood parks.

The FY 2024-2025 AAP proposed additional CDBG funding for the Max Berg Park Fountain Refurbishment Project. Phase 1 of the project, funded in FY 2023-24, will cover costs associated with historic preservation consulting and design of the proposed park improvements (restoration of four fountains contributing to the park's historical nature). The FY 2024-25 AAP provides additional funding ($100,000) toward the construction costs associated with restoring the fountains.

The AAP also includes CDBG funding ($148,471) for improvements to Bonito Canyon Park, specifically to install a shade structure over the playground equipment and to upgrade park pathways and landscaping.

The City received an application from the Clarence Lobo Elementary School ($50,000) to support of their proposed "inclusive playground" project. For such projects to be CDBG-eligible, a minimum of 51 percent of residents living within the playground service area must meet HUD's low- and moderate-income requirements. Based on HUD data, the playground service area does not meet the minimum low and moderate-income threshold and thus is not CDBG eligible.

2. Housing and Commercial Rehabilitation
Since 1994, the City has provided eligible property owners with Home Rehabilitation Program loans, and since 2004, the City has provided Commercial Facade Rehabilitation Program grants to eligible commercial property owners. Residential improvement loan proceeds are primarily utilized to address housing and building code deficiencies and deferred property improvements.

The maximum residential rehabilitation loan amount is $25,000. The loan carries zero percent interest, with repayment deferred until the sale or transfer of the property. Loan repayment proceeds are recycled into additional home rehabilitation loans (i.e., program income). The typical commercial rehabilitation grant is used to design and install new business signs or awnings. The maximum grant is $2,000. Grants are limited to businesses that serve residents of CDBG-eligible areas.

The 2024-2025 Annual Action Plan allocates $75,000 in CDBG funds, plus program income received during the year, for the Housing Rehabilitation Loan Program. Three owner-occupied housing units are anticipated to be rehabilitated during the year. Six thousand dollars ($6,000) is 80 Meeting Date: April 16, 2024 Agenda Item: 7D.

CITY OF SAN CLEMENTE 3
allocated for the Commercial Façade Rehabilitation Program to improve signage and façades for up to three local businesses.

3. Public Services
The City can allocate up to 15 percent of its annual CDBG grant for Public Services. Based on the estimated FY 2024-25 CDBG grant, up to $45,000 is available for public service grants. In December 2023, the City notified local nonprofit organizations serving San Clemente residents of the availability of the FY 2024-25 CDBG public services grant application via the City's website and email.

In January 2024, the City received eight applications for CDBG funding; however, two applicants (Wellness and Prevention Foundation and Christ Lutheran/San Clement By the Sea) withdrew their funding request. The latter two applicants determined that they could not comply with HUD's client demographic documentation requirements and, thus, would be unable to meet the minimum reporting requirements of the program. The remaining six applicants requested $63,440 in CDBG funding - $18,440 more than available.

On February 15, 2024, the City's Social Services Budget Committee reviewed the remaining six applications and recommended $45,000 in CDBG funding for the following programs:
 Age Well Senior Services: $5,000 to assist an estimated 75 San Clemente seniors with Meals on Wheels.
 Camino Health Center: $10,000 to assist an estimated 2,500 residents with low-cost medical and pediatric dental services.
 Family Assistance Ministries: $13,000 to assist an estimated 1,690 lower-income residents with food, case management, and rent/utility assistance for households at risk of eviction or the loss of critical public utilities such as electricity, gas, and telephone/internet services.  Fun on the Run (City of San Clemente): $7,000 to offset the cost of after-school and summer recreation services for an estimated 110 low- and moderate-income youths.  Parentis Foundation: $5,000 to support one-on-one reading tutoring for students not reading at grade level; trained older adult volunteers recruited from the community will provide tutoring for an entire school year.
 Vocational Visions: $5,000 to support the agency's Pathways to Employment program, which will assist 11 San Clemente adults with intellectual or developmental disabilities in preparing for and applying for work and providing job coaching for clients placed in jobs.

4. Administration
The City may allocate up to 20 percent of its annual CDBG grant for administration activities.

Administrative program costs include funding for fair housing services and City staff and contractual staff time for the overall grant management. Staff oversees the Commercial Façade Rehabilitation Program, conducts public outreach and education, administers and monitors the social services grant program, and coordinates with the Engineering Division in setting 81 Meeting Date: April 16, 2024 Agenda Item: 7D.

CITY OF SAN CLEMENTE 4
community priorities for the CDBG target area. Staff oversees the Home Rehabilitation Program, prepare mandatory reports. Community Development staff recommends allocating $60,000 for CDBG program administration, including $5,000 for fair housing services. The Fair Housing Foundation will provide HUD-required fair housing outreach, education, and enforcement services for an estimated 50 San Clemente households.

The Draft 2024-2025 AAP provides additional details regarding the activities recommended for CDBG funding. A summary of funding recommendations is provided below.

TABLE 1: PROPOSED FY 2024-25 CDBG ALLOCATIONS
2024-25 CDBG PROPOSED ACTIVITY

PROPOSED
CDBG

FUNDING
Public Facility Improvements:
 Max Berg Park Improvements (Phase 2)
 Bonito Canyon Park Improvements $248,471
Housing Rehabilitation:

Housing rehabilitation assistance for owner-occupied * $75,000 Commercial Rehabilitation:

Business Façade Improvement grants $6,000
Public Services:

Youth, seniors, and other low/mod-income households
$45,000
CDBG Administration:

CDBG Program oversight and Fair Housing counseling $60,000 TOTAL: $434,471
2024-25 CDBG RESOURCES
2024-25 CDBG Grant (Estimate) $300,000
Prior Year Funds $134,471
TOTAL: $434,471
* Plus program income received during FY 24-25 from repayment of prior funded housing rehab loans.

Staff also recommends that the City Council authorize staff to adjust CDBG allocations listed in Table 1 proportionally once HUD publishes the final grant amount for FY 2024-25.

Council Options:
 Adopt Resolution No. 24-48, which will, (1) approve and adopt the Draft 2024-2025 AAP for the use of CDBG Funds, (2) authorize the City Manager to submit the AAP to HUD to execute the contract and related agreements, forms, and certifications, (3) accept grant revenues of an estimated $434,471 from HUD to account #017-000-33712, and (4) authorize a related budget 82 Meeting Date: April 16, 2024 Agenda Item: 7D.

CITY OF SAN CLEMENTE 5
appropriation of an estimated $434,471 to the CDBG fund for the amounts in the 2024-2025 AAP.
 Modify and adopt Resolution No. 24-48, to adjust the proposed allocation of CDBG funds in the AAP, or the proportionally proposed metric by which the anticipated funds should be reallocated if final CDBG funding from HUD is different than the estimated $300,000.  Continue the item and direct staff to provide additional information. Note that continuing the item could result in missing the CDBG application submission deadline, which is May 15, 2024.
 Do not adopt Resolution No. 24-48. This action would result in the City forgoing CDBG funding for FY 2024-2025.

Environmental Review/Analysis:

Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR 15378). The approval of the 2024-2025 Annual Action Plan for the use of Community Development Block Grant Funds has no potential for resulting in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Appropriate CEQA determinations will be made for specific projects resulting from the allocation of CDBG funds after the grant is awarded.

Recommended Actions:

Staff Recommendation
..recommendation
STAFF RECOMMENDS THAT the City Council approve and adopt Resolution No. 24-48, which would accomplish the following:

1. Approve the 2024-2025 AAP for the use of CDBG Funds;

2. Authorize the City Manager to submit the AAP to HUD and execute the contract and related agreements, forms, and certifications;

3. Accept grant revenues of an estimated $434,471 from HUD to account #017-000-33712;

4. Authorize a related budget appropriation of an estimated $434,471 to the CDBG fund for the amounts in the 2024-2025 AAP; and

5. Authorize staff to make changes to the above based on actual funding. ..end
Attachments:

1. Proposed Resolution No. 24-48

2. Draft 2024-2025 Annual Action Plan
Notification:

Public notice published in the San Clemente Times.
83 ATTACHMENT 1
RESOLUTION NO. 24-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING THE 2024-
2025 ANNUAL ACTION PLAN AND AUTHORIZING
SUBMISSION OF THE PLAN TO THE U.S. DEPARTMENT

OF HOUSING AND URBAN DEVELOPMENT
WHEREAS, the City of San Clemente is eligible to participate in the Community Development Block Grant ("CDBG") Program; and
WHEREAS, to receive CDBG funds, the City is required to prepare a five-year Consolidated Plan for Fiscal Years 2020-2021 through 2024-2025, which the City Council approved on May 19, 2020; and
WHEREAS, the Annual Action Plan, a component of the Consolidated Plan, is updated each fiscal year and includes the application to the U.S. Department of Housing and Urban Development ("HUD") for CDBG funds and required certifications related to the receipt and use of CDBG funds; and
WHEREAS, the actual use of CDBG funds for specific projects and programs may require the execution of additional forms and certifications by a duly authorized representative of the City; and
WHEREAS, HUD has not yet indicated the actual amount of funds available for the City so the City has had to make a reasonable estimation thereof.

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

SECTION 1. The City Council hereby approves the 2024-2025 Annual Action Plan, a copy of which is attached to the agenda report dated April 16, 2024, entitled “Adoption of the Draft 2024-2025 Annual Action Plan for Expenditures of Community Development Block Grant Funds,” and is incorporated herein fully by this reference.

SECTION 2. The City Manager, or the City Manager's designee, is authorized to submit the 2024-2025 Annual Action Plan to HUD on behalf of the City.

SECTION 3. The City Manager, or the City Manager's designee, is hereby authorized and directed to approve and execute any and all HUD- and/or CDBG-related applications, certifications, agreements, and/or other documents or instruments and take such actions as are necessary and proper to implement the approvals and authorizations as set forth herein, including but not limited to proportionally increasing or decreasing the estimated CDBG allocations for approved activities identified in the 2024-2025 Annual 84 Resolution No. 24-48 Page 2
Action Plan to match the City's actual 2024-2025 CDBG allocation once determined, approved, and announced by HUD.

SECTION 4. The City Manager, or the City Manager's designee, is hereby authorized to accept the final HUD-allocated grant revenues, estimated at $434,471, from to account #017-000-33712, and the actual amounts of the same so granted.

SECTION 5. The City Manager, or the City Manager's designee, is hereby authorized to allot a related budget appropriation of the final HUD-allocated grant revenues, estimated at $434,471, to the CDBG fund for the amounts in the 2024-2025 Annual Action Plan.

SECTION 6. 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 Clemente, California Clemente, California
85 Resolution No. 24-48 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. 24-48 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
86 CITY OF SAN CLEMENTE
ʹͲʹͶǦʹͲʹͷ
CDBG Annual Action Plan
Draft March 15, 2024
ATTACHMENT 2
87 i
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Contents
Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) ........................................................................ 1 PR-05 Lead & Responsible Agencies – 91.200(b) ...................................................................................... 4 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) ................................................................................... 5 AP-12 Participation – 91.105, 91.200(c) ................................................................................................. 10 Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2) ......................................................................................... 11 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) ............................................................. 14 AP-35 Projects – 91.220(d) ..................................................................................................................... 17 AP-38 Projects Summary ......................................................................................................................... 18 AP-50 Geographic Distribution – 91.220(f) ............................................................................................. 25 Affordable Housing
AP-55 Affordable Housing – 91.220(g) ................................................................................................... 26 AP-60 Public Housing – 91.220(h) ........................................................................................................... 27 AP-65 Homeless and Other Special Needs Activities – 91.220(i) ............................................................ 28 AP-75 Barriers to affordable housing – 91.220(j) ................................................................................... 30 AP-85 Other Actions – 91.220(k)............................................................................................................. 31 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)....................................................................... 34 Attachments
Attachment 1: Summary of Prior Accomplishments
Attachment 2: Public Notice and Summary of Public Comments Attachment 3: CDBG Eligible Area Census Tract Block Groups Attachment 4: Analysis of Impediments Analysis Summary and Action Plan Certifications and SF-424
88 1
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The 2024-2025 Annual Action Plan for the City of San Clemente satisfies federal requirements to receive Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for low- and moderate-income individuals.

Each activity to be undertaken with CDBG funds must meet one of the three national objectives:
x Benefit low and moderate-income persons,
x Aid in the prevention or elimination of slums and blight or x Meet a community need having particular urgency, such as a nationally declared disaster.

To receive CDBG funds, the City must prepare a Consolidated Plan. The Consolidated Plan is a multi-year strategic plan that identifies priority housing and community needs, and it also identifies the City's activities over five years to address priority needs. The Action Plan, a component of the Consolidated Plan, is the City's annual expenditure plan for using CDBG funds to address the needs identified in the Consolidated Plan.

To date, HUD has not announced funding for the Fiscal Year (FY) 2024-2025. For planning purposes, the City anticipates receiving $300,000 in 2024 CDBG funding – approximately 3% less than the City's current year CDBG allocation. The City has also identified $134,471 in prior year CDBG funds that will be available during FY 2024-2025 to fund eligible activities. Program income received during FY 2024-2025 will be available to support housing rehabilitation activities.

The 2024-2025 Action Plan details the specific activities the City will undertake with CDBG resources to address the housing and community needs identified in the Consolidated Plan. Planned activities include housing rehabilitation, minor commercial property improvements, public infrastructure improvements, public social services grants, and program administration (including fair housing services).

2. Summarize the objectives and outcomes identified in the Plan The five-year CDBG program objectives and outcomes identified in the 2020-2024 Consolidated Plan are summarized below. Corresponding proposed outcomes for FY 2024-25 are also provided below:
x Infrastructure and Facility Improvements: Improve public infrastructure and facilities that benefit 7,000 low- and moderate-income residents / FY 24-25 Goal: 2 project (year 2 funding for Max Berg Park, which will benefit 4,090 residents and Bonito Canyon Park Improvements, which will benefit 4,130 residents)
x Provide housing rehabilitation assistance to 20 homeowners and 2 rental housing owners / FY 24- 25 Goal: Rehab 3 owner-occupied and 0 rental units
89 2
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 x Provide access to public social services for 12,500 low- and moderate-income persons / FY 24-25 Goal: Assist 2,721 individuals
x Provide access to housing and supportive services for 2,500 persons at risk of becoming homeless or who are homeless / FY 24-25 Goal: Assist 1,690 with services to prevent homelessness x Support activities to promote economic opportunities by assisting 10 businesses that serve lowerincome residents / FY 24-25 Goal: Assist 3 businesses x Provide CDBG program oversight and coordination, including fair housing services to 300 households / FY 24-25 Goal: Provide 1 Year of program admin and assist 50 households with fair housing services

3. Evaluation of past performance
FY 2023-2024 (the current fiscal year) is the fourth year of the City's 2020-2024 Consolidated Plan cycle.

Most planned activities will be completed by June 30, 2024. A table that summarizes the City's Consolidated Plan goals for three completed program years (FY 2020-2021, FY 2021-2022, and FY 2022- 2023) is provided in Attachment 1.

4. Summary of Citizen Participation Process and consultation process Resident and community stakeholder participation in prioritizing the use of CDBG funds is an essential component of the Consolidated Plan (and Action Plan) planning process. For the 2024-2025 Action Plan, the City obtained public input in a variety of ways:
x Consistent with HUD regulations (24 CFR 91.105 (a)(2)(iv)), the City utilized focus groups to ascertain public service grant priority needs. Specifically, the City's Social Service Budget Committee reviewed social service needs in the community and developed funding recommendations for the City Council's consideration. The Committee is comprised of a representative of the City Council, the City's Human Relations Committee, and City staff. x The City's Social Service Budget Committee held a meeting on February 15, 2024, to provide public input regarding allocating CDBG public service grant funds. x On March 15, 2024, a notice was published in the local newspaper announcing the required 30-day public comment period for the draft 2024-2025 Annual Action Plan. The notice also announced a public hearing to be held by the City Council.
x On April 16, 2024, the San Clemente City Council held a public hearing to accept additional public input regarding the draft 2024-2025 Annual Action Plan and authorize submission of the plan to HUD.

5. Summary of public comments
See Attachment 2.

6. Summary of comments or views not accepted and the reasons for not accepting them All comments and views were accepted – see Attachment 2. 90 3
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24

7. Summary
The 2024-2025 Annual Action Plan is the fifth year and final year of the 2020-2024 Consolidated Plan cycle. The Annual Action Plan is the City's one-year expenditure plan for CDBG funds. FY 2024-2025 begins July 1, 2024, and will end June 30, 2025. The City anticipates receiving $300,000 in CDBG funds for FY 2024-2025. An additional $134,471 in prior year uncommitted CDBG funds, plus program income resources received during the year, will be available to carry out CDBG-eligible activities. The Action Plan details how CDBG funds will support the broader goals and objectives of the Consolidated Plan. Funded activities include housing rehabilitation, public infrastructure improvements, public social services, and program administration, including fair housing services. 91 4
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24PR-05 Lead & Responsible Agencies – 91.200(b)1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.Table 1 – Responsible Agencies Agency Role Name Department/Agency
CDBG Administrator San Clemente, CA Community Development Narrative (optional)The City's Community Development Department is primarily responsible for administering CDBG funds, including preparing the Consolidated Plan, annual action plans, year-end performance reports, and other administrative aspects of the program.

Consolidated Plan Public Contact InformationAdam Atamian, Community Development Director - [email protected] / (949) 361-6196 92 5
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Pursuant to HUD regulations, the City has taken several steps to obtain resident and stakeholder input to develop the 2024-2025 Annual Action Plan. The City Council held a hearing to receive public comment on the proposed use of CDBG funds. The City's Social Service Budget Committee provided funding recommendations for public service grants. The City also utilized its internet web page and the newspaper to notify residents of the opportunity to review and comment on the 2024-2025 Annual Action Plan draft.

Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City of San Clemente works closely with the County of Orange Housing Authority (OCHA); OCHA administers the federal rental assistance voucher and certificate programs. The City has limited resources to assist with the development of housing opportunities. Still, City staff will work with developers as opportunities evolve to encourage housing development for lower-income residents.

Through the annual CDBG Public Service Grants, City staff can ascertain the services residents need and develop partnerships with local agencies to coordinate the delivery of needed services.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

As a supporter of the Orange County Continuum of Care (OC CoC) planning process, the City provides information regarding the activities it will fund to address local homeless issues. The OC CoC uses this information to prepare the region's application to HUD for Homeless Assistance Grant funds. As needed, City staff will expedite certifications of consistency with the Consolidated Plan and other forms of support for the OC CoC. The City also supports and participates in the biennial Point-In-Time Survey of the region's homeless.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds; therefore, it does not help the OC-CoC to determine ESG allocations, evaluate grant outcomes, or develop policies and procedures for administering the regional Homeless Management Information System (HMIS). 93 6
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities (see Table 2 below):

Table 1 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Orange County Housing Authority Agency/Group/Organization Type PHA
Other government - County
What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Public Housing Needs
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided information regarding the number
and type of households receiving HUD rental
assistance
2 Agency/Group/Organization 211 Orange County
Agency/Group/Organization Type Regional organization
What section of the Plan was addressed by
Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied youth
Homelessness Strategy
Homeless Management Information System
(HMIS) Admin
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Regional Continuum of Care coordinator and
HMIS administrator. Provided information
regarding regional and local homeless
populations and shelter resources
3 Agency/Group/Organization Fair Housing Foundation
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by
Consultation?
Impediments to Fair Housing
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
The agency provided data and information that
helped identify the needs of lower-income
families and individuals requiring fair housing
services and provided input regarding the City's
strategy to address impediments to fair housing
94 7
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 4 Agency/Group/Organization Age Well Senior Services
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding the service needs of
seniors, including homebound seniors
5 Agency/Group/Organization Family Assistance Ministries Agency/Group/Organization Type Services - Housing
Services-homeless
What section of the Plan was addressed by
Consultation?
Homeless Needs - Families with children
Homelessness Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding housing and service
needs of homeless individuals and households
at risk of becoming homeless
6 Agency/Group/Organization Camino Health Center
Agency/Group/Organization Type Services-Health
What section of the Plan was addressed by
Consultation?
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding medical/dental
service needs of the community, including
homeless individuals
7 Agency/Group/Organization City of San Clemente
Agency/Group/Organization Type Other government – Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
Non-Homeless Special Needs
Economic Development
Market Analysis
95 8
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Various city departments, committees, and the
City Council provided data and information. It
also played a crucial role in identifying
priorities and recommendations for the
allocation of HUD funds
8 Agency/Group/Organization Parentis Foundation
Agency/Group/Organization Type Services-Youth
What section of the Plan was addressed by
Consultation?
Anti-poverty Strategy
Needs of Low/Mod persons
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding childcare needs for
lower-income households
9 Agency/Group/Organization Vocational Visions
Agency/Group/Organization Type Services-Disabled
What section of the Plan was addressed by
Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted.

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding the needs of adults
with developmental disabilities
Identify any Agency Types not consulted and provide rationale for not consulting The City made an effort to have an open consultation process; no agency was knowingly excluded from the consultation process.

Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 – Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each
Continuum of Care 211 Orange County Helped establish program goals to address the needs of the San Clemente homeless, including the
regional & local homeless point-in-time survey
City of San Clemente
Housing Element
City of San Clemente Provided housing priorities and program goals 96 9
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 City of San Clemente
Capital Improvement
l
City of San Clemente Helped to identify priority capital projects that may be CDBG-eligible
5 Yr. & 1 Yr. PHA Plan Orange County
Housing Authority
Identified OCHA resources to address the housing
needs of low-income renters in the City
Analysis of Impediments
to Fair Housing
Orange County HUD
Grantee Cities and the
County of Orange
A countywide document that identifies fair
housing impediments within participating cities
and outlines a plan to address fair housing issues
Narrative (optional)
97 10
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24AP-12 Participation – 91.105, 91.200(c)1. Summary of citizen participation process/Efforts made to broaden citizen participationSummarize citizen participation process and how it impacted goal-settingThe City of San Clemente provided several opportunities for public participation throughout the Annual Action Plan preparation process. These opportunities included public meetings, a 30-day public review of the draft Annual Action Plan, and a City Council public hearing. The notice for the required public comment period and a public hearing is provided in Attachment 2 of this plan. Actions are further summarized below.

Citizen Participation OutreachTable 4 – Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting Nontargeted/broad
community
2/15/24 Social Service Budget Committee meeting to recommend CDBG public service grant funds
None NA NA
2 Newspaper Ad Nontargeted/broad
community
Notice of 30-day public review period (3/15/24 to 4/16/24) See Attachment 2 TBD NA
3 Public Hearing Nontargeted/broad
community
4/16/24 public hearing See Attachment 2 TBD NA
98 11
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Expected Resources
AP-15 Expected Resources – 91.220(c) (1, 2)IntroductionHUD has not published 2024 CDBG allocations; the City anticipates receiving a CDBG allocation for FY 2024-2025 of $300,000. Additionally, the City identified $134,471 in prior year CDBG funds that will be available during FY 2024-2025. Program income received during FY 2024-2025 will also be available to fund housing rehabilitation activities. Housing voucher/certificate resources via OCHA and state Permanent Local Housing Allocation (PLHA) will also be available to support activities that may address the Consolidated Plan's goals. The City has access to In-lieu Affordable Housing Fee resources; however, no project has been identified to use these funds.

Priority Table
Table 5 - Expected Resources – Priority Table
Program Source of
Funds
Uses of Funds Expected Amount Available Year 5 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public –
federal
Acquisition Admin & Planning Economic Development HousingPublic Improvements Public Services 300,000 0 134,471 434,471 0 Annual CDBG allocation from HUD, program income, and prior-year funds 99 12
OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfiedThe City leveraged federal funds with local redevelopment funds in past years. In 2012, the State Legislature and the governor passed legislation to dissolve all redevelopment agencies in the State; consequently, local resources supporting Consolidated Plan strategies are limited. The City has identified other resources that will be available to carry out activities that address the goals of the Consolidated Plan:
x OCHA reports that as of January 2024, 145 San Clement households receive rental assistance. It was anticipated that 145 households would be assisted annually during the five-year Consolidated Plan programming cycle. x For FY 2024-2025, the City will utilize PLHA resources to fund homeless outreach services. PLHA is state funding allocated to local governments to help address unmet housing needs.
x In-lieu Affordable Housing Fund resources generated via the City's Inclusionary Housing Program (IHP) are available to assist nonprofit agencies in purchasing land or existing housing units to provide long-term affordable housing. The City adopted the IHP in 1980 to increase the supply of affordable housing. The program requires developers of six or more units to set aside 4% of total units developed for households earning 50% or less of the area median income. The affordable requirement can be provided on-site, off-site, or through an in-lieu fee. Past housing development activity has generated a fund of approximately $1,000,000. No specific project(s) is presently slated to benefit from this resource; however, these funds should be considered one-time funds as most large-scale housing development in the City is complete as the City approaches build-out. Future in-fill redevelopment is anticipated to allow new housing development, such as the Shorecliffs Senior Housing Project on Avenida Vaquero and the Memorial Care Senior Housing Project on Camino De LosMares.

CDBG does not require matching funds.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needsidentified in the planAs indicated in the Consolidated Plan, San Clemente is nearly "built out" with limited vacant land; nonetheless, the City's Housing Element identifies several vacant and underutilized sites that may be suitable for housing development. Most properties identified in the Housing Element residential sites inventory are in the City's Affordable Housing Overlay. The Overlay Zone intends to encourage affordable rental and for-sale housing in commercial and mixed-use zones. Other in-fill sites outside of the overlay have also been identified for potential housing development, which may include affordable units. 100
13 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Discussion
Funding resources are limited to implement the City's 2024-2025 Annual Action Plan. The City anticipates receiving $300,000 in 2024 CDBG funding from HUD. An additional $134,471 in uncommitted prior-year CDBG funding, plus program income generated from CDBG-funded housing rehabilitation loan repayments (i.e., Revolving Loan Funds), will be available to address priority needs. OCHA has aggressively pursued new rental assistance resources - the City will continue to support OCHA's efforts to secure these resources.

Additionally, the City will continue supporting programs that serve City residents with PLHA funds. Finally, the City has identified vacant and underutilized land that may be suitable for housing development - in-lieu fees for affordable housing development are available to support affordable housing activities; however, no projects are slated for development utilizing these resources in FY 2024-2025. 101
14 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Annual Goals and Objectives
AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Table 6 – Goals Summary
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Infrastructure and
Facility Improvements
2020 2024 Non-Housing
Community Development
CDBG Census Tracts
Public Improvements
CDBG:
$248,471
Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit:4,130 Persons Assisted * 2 Housing
Preservation
2020 2024 Affordable Housing Citywide Affordable Housing CDBG:
$75,000
Homeowner Housing Rehabilitated:3 Household Housing Unit 3 Public Social
Services
2020 2024 Non-Homeless
Special Needs Low & Moderateincome Households
Citywide Public Services CDBG:
$32,000
Public service activities other than Low/Moderate Income Housing Benefit: 2,721 Persons Assisted 4 Homeless
Continuum of Care
2020 2024 Homeless Citywide Homeless
Support Services and Housing
CDBG:
$13,000
Public service activities other than Low/Moderate Income Housing Benefit:1,672 Persons Assisted Homelessness Prevention: 18 Persons Assisted 102
15 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 5 Economic
Opportunities
2020 2024 Non-Housing
Community Development
CDBG Census Tracts
Economic Development
CDBG:
$6,000
Businesses assisted: 3 Businesses Assisted
6 Program
Administration
2020 2024 Administration Citywide Administration and
Planning
CDBG:
$60,000
Other: 50 Other
* To avoid double counting Max Berg Park's planned accomplishments, the "Goal Outcome Indicator" represents only planned Bonito Canyon Park accomplishments.

Table 7 – Goal Descriptions
1 Goal Name Infrastructure and Facility Improvements
Goal Description Improve and expand public infrastructure and facilities that benefit low- and moderate-income neighborhoods and residents 2 Goal Name Housing Preservation
Goal Description Improve or expand the supply of housing affordable to lower-income households 3 Goal Name Public Social Services
Goal Description Provide or improve access to public social services for low- and moderate-income persons and persons with special needs 4 Goal Name Homeless Continuum of Care
Goal Description A continuum of supportive and housing services for the homeless and households at risk of homelessness 5 Goal Name Economic Opportunities
Goal Description Grants and other forms of assistance to improve or expand local businesses 6 Goal Name Program Administration
Goal Description Provide for administration and planning activities to address needs identified in the Consolidated Plan, including services to address impediments to fair housing
103
16 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b):

The City of San Clemente does not receive HOME funds; however, CDBG resources are allocated to rehabilitate residential housing units. Three (3) lower-income homeowners are projected to be assisted with CDBG resources during FY 2024-2025. 104
17 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 AP-35 Projects – 91.220(d)
Introduction
The following activities have been allocated CDBG funds for FY 2024-2025. Due to the delay in approving the federal 2024 budget, CDBG funding for activities will be increased or decreased by a percentage based on the final FY 2024-2025 CDBG grant once a federal budget is approved.

Table 8 – Project Information
# Project Name
1 Single-Family Housing Rehabilitation
2 Age Well Senior Services
3 Camino Health Center
4 Families Forward
5 Fun On The Run
6 Parentis Foundation
7 Vocational Visions
8 Fair Housing Foundation
9 CDBG Program Administration
10 Max Berg Park Improvements (Yr 2)
11 Business Sign and Façade Improvement
12 Bonito Canyon Park Improvements
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
The City's Consolidated Plan identifies the homeless, persons with special needs, seniors, and very lowincome households as underserved. The City will allocate a portion of its CDBG funds for activities that address the housing and service needs of lower-income households and households with special needs.

Consistent with the City's Homeless Strategy, resources will be allocated to provide safety net services to help at-risk households maintain their current housing. The City will use CDBG program income (i.e., funds generated by the repayment of housing rehabilitation loans) to help homeowners improve their residences and not incur additional housing cost burden. The City will also encourage and support OCHA's efforts to obtain additional rental assistance funding for San Clemente households. 105
18 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Projects
AP-38 Projects Summary
Table 9 – Project Summary
1 Project Name Single-Family Housing Rehabilitation Program Target Area CitywideGoals Supported Owner-occupied Housing RehabilitationNeeds Addressed Housing RehabilitationFunding CDBG: $75,000 plus program income received during the yearDescription CDBG-funded housing rehabilitation loans or grants for eligible homeownersTarget Date 6/30/2025Estimate the number and type of families that will benefit from the proposed activities 3 owner-occupied housing units
Location Description CitywidePlanned Activities CDBG funds ($75,000 in 2024 funds plus program income (Revolving Loan) received during the year) for homeowner housing rehabilitation loans or grants to address housing/building code deficiencies and deferred property improvements
2 Project Name Age Well Senior Services
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $5,000Description Services for seniors 106
19 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Target Date 6/30/2025Estimate the number and type of 75 seniorsLocation Description CitywidePlanned Activities Meals on Wheels for homebound seniors 3 Project Name Camino Health Center
Target Area Citywide Goals Supported Public Social Services Needs Addressed Public Services Funding CDBG: $10,000 Description Low-cost medical and dental services for low- and moderate-income persons Target Date 6/30/2025 Estimate the number and type of 2,500 low- and moderate-income persons Location Description 1031 Avenida Pico, Ste. 104, San Clemente CA Planned Activities Primary medical, behavioral, and dental health services at a reduced cost for lower-income persons and indigents
4 Project Name Family Assistance Ministries
Target Area Citywide Goals Supported Homeless Continuum of Care Needs Addressed Homeless Support Services and Housing Funding CDBG: $13,000 Description Housing assistance, support services, and case management for households that are at risk of homelessness and those that are homeless
Target Date 6/30/2025
107
20 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Estimate the number and type of families that will benefit from the proposed activities 1,690 low- and moderate-income persons
Location Description Citywide Planned Activities Rent and utility assistance (18 individuals) and food/case management (1,672 individuals) for households at risk of homelessness and those that are homeless 5 Project Name Fun On The Run (City of San Clemente)
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $7,000Description Youth recreation programTarget Date 6/30/2025Estimate the number and type of families that will benefit from the proposed activities An estimated 110 youths
Location Description CitywidePlanned Activities After-school recreation and homework assistance program with a focus on low- and moderateincome children 6 Project Name Parentis Health Foundation
Target Area CitywideGoals Supported Public Social Services Needs Addressed Public Services Funding CDBG: $5,000 108
21 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Description Children's literacy program that links students ages 5 to 11 with a trained older adult tutorTarget Date 6/30/2025Estimate the number and type of families that will benefit from the proposed activities 25 youths
Location Description Boys & Girls Club of the South Coast Area, 1304 Calle Valle, San Clemente, CAPlanned Activities Intensive one-on-one reading support for students who do not read at grade level - tutoring is provided by trained older adult volunteers for an entire school year 7 Project Name Vocational Visions
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $5,000 Description Employment services for adults with developmental disabilities Target Date 6/30/2025 Estimate the number and type of 11 adults with developmental disabilities Location Description 26041 Pala, Mission Viejo, CA Planned Activities Job preparation and job-seeking support services and on-the-job coaching for adults with developmental disabilities
8 Project Name Fair Housing Foundation
Target Area CitywideGoals Supported Program Administration Needs Addressed Administration and Planning Funding CDBG: $5,000 109
22 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Description Fair housing outreach, education, and enforcement services to reduce and eliminate impediments to fair access to housing
Target Date 6/30/2025Estimate the number and type of families that will benefit from the proposed activities 50 households
Location Description CitywidePlanned Activities Fair housing outreach, education, and enforcement services, including landlord, tenant, and property management fair housing training; community outreach and education; complaint investigation and enforcement services 9 Project Name CDBG Program Administration
Target Area CitywideGoals Supported Program Administration Needs Addressed Administration and Planning Funding CDBG: $55,000Description CDBG program oversight and coordinationTarget Date 6/30/2025Estimate the number and type of families that will benefit from the proposed activities Not applicable
Location Description 910 Calle Negocio Ste. 100, San Clemente CA – City HallPlanned Activities Program oversight and coordination, including management of public service grants, housing rehabilitation programs, and preparation of required applications and reports 10 Project Name Max Berg Park Improvements (Year 2)
Target Area CDBG census tracts
110
23 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Goals Supported Public Infrastructure ImprovementsNeeds Addressed Public ImprovementsFunding CDBG: $100,000 Description Neighborhood park improvements Target Date 6/30/2025Estimate the number and type of families that will benefit from the proposed activities Estimated 4,090 individuals, 71.3% of which are low- and moderate-income Location Description 1100 Calle Puente, San Clemente, CA (Census Tract 421.07 Block Group 2 & Census Tract 421.08 Block Group 4
Planned Activities Max Berg Park Fountain Refurbishment Project – Yr 1 covered costs associated with historic preservation consulting and design of proposed park improvements (restoration of four fountains that contribute to the historic nature of the park). Yr 2 will cover construction costs 11 Project Name Business Sign and Façade Improvement Grants Target Area CDBG Census TractsGoals Supported Economic OpportunitiesNeeds Addressed Economic OpportunitiesFunding CDBG: $6,000Description Grants to update or upgrade business signs or facadesTarget Date 6/30/2025Estimate the number and type of families that will benefit from the proposed activities Assistance for up to 3 businesses
Location Description To be determined but located within CDBG-eligible Census Tract Block Groups 111
24 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Planned Activities Grants to business owners to update or upgrade business signs and/or other minor building facade improvements
12 Project Name Bonito Canyon Park
Target Area CDBG Census Tracts Goals Supported Public Infrastructure Improvements Needs Addressed Public Improvements Funding CDBG: $148,471 Description Neighborhood park improvements Target Date 6/30/2026 Estimate the number and type of families that will benefit from the proposed activities Estimated 4,130 individuals, 74.8% of which are low- and moderate-income Location Description 1304 Calle Valle, San Clemente, CA (Census Tract 421.07 Block Group 1& 2) Planned Activities Installation of a playground shade structure, walking path, and landscaping Describe the reasons for allocation priorities and any obstacles to addressing underserved needs:The City will allocate a portion of its CDBG funds for activities that address the housing and service needs of the elderly, lower-income households, and people with disabilities. According to data from the Consolidated Plan, these households contribute a significant portion of their income to maintain housing. Consistent with the City's Homeless Strategy, resources will be allocated to help these households remain housed in place rather than fall into homelessness by providing social safety net services. The City's housing rehabilitation program can assist elderly and disabled homeowners in improving their residences to address specific household needs. Additionally, the City will encourage and support OCHA's efforts to obtain additional rental assistance funding for San Clemente households. For FY 2024-2025, the City will also fund Vocational Visions to provide employment assistance services to adults with developmental and intellectual disabilities. 112
25 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Most activities slated for CDBG funding during FY 2024-2025 will be available citywide to income-eligible individuals and households. These activities include public services and housing rehabilitation. Activities such as park improvements will be limited to specific areas of the City where a significant percentage of residents meet HUD's income limits. A list of the City's CDBG Eligible Areas is provided in Attachment 3.

Geographic Distribution
Table 10 - Geographic Distribution
Target Area Percentage of Funds
CDBG census tracts 59
Citywide 41
Rationale for the priorities for allocating investments geographically FY 2024-2025 CDBG funding is principally allocated in the City's CDBG-eligible Census Tracts; however, the City's primary intent is to serve lower-income residents who need housing or services regardless of where they live in the City. Area-wide activities (e.g., public improvements) are typically limited to the City's CDBG-eligible areas.

Discussion
The City's primary intent is to use CDBG funds to assist eligible households that need services regardless of where they live in the City. A portion of funds focuses on specific areas of the City with a significant percentage of low- and moderate-income residents.
113
26 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City will utilize limited CDBG funds and program income (Revolving Loan) to provide eligible homeowners with housing rehabilitation loans and grants.

Table 11 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 3
Special-Needs 0
Total 3
Table 12 - One Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 3
Acquisition of Existing Units 0
Total 3
Discussion
The City will utilize CDBG and program income (Revolving Loan funds) to assist in rehabilitating owneroccupied housing units. While it is not the program's primary focus, some special-needs households (senior and disabled) may be assisted by the program during the year. The City will also continue to support OCHA's program activities in the community. It is estimated that 145 households will receive rental assistance vouchers or certificates during FY 2024-2025. 114
27 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 AP-60 Public Housing – 91.220(h)
Introduction
San Clemente does not own or manage public housing.

Actions planned during the next year to address the needs to public housing Not applicable.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable.

Discussion
San Clemente does not own or manage public housing.
115
28 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
As the Consolidated Plan outlines, the City's homeless strategy emphasizes preventing homelessness since it is less expensive and disruptive to keep a household housed in place. To this end, the City has supported local agencies with CDBG resources that provide various services for lower-income households, including food banks, rent/utility assistance, and reduced-cost childcare and healthcare services. These safety-net programs can help a household maintain its current housing situation and avoid homelessness.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
No CDBG resources will be allocated for homeless outreach services in FY 2024-2025. However, the City will utilize PLHA funds to fund homeless outreach staff.

The City of San Clemente will also continue to support agencies working directly with sheltered and unsheltered homeless populations. For example, Family Assistance Ministries conducts extensive outreach and vulnerability assessments throughout San Clemente and neighboring communities. Other agencies conduct similar outreach and assessment services for specific homeless populations, such as domestic violence victims and transitional-age youth.

Addressing the emergency shelter and transitional housing needs of homeless persons The Consolidated Plan indicates that Family Assistance Ministries manages 44 emergency and 14 transitional shelter beds in San Clemente. These shelter beds are earmarked for homeless families with children. Additionally, Laura's House offers shelter for victims of domestic violence.

No FY 2024-2025 CDBG funds are allocated for emergency shelter or transitional housing.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
As outlined above, the City will focus its CDBG resources on providing social safety net services to help atrisk households avoid becoming homeless. The 2022 Orange County homeless Point In Time County survey indicates there are 50 sheltered San Clemente homeless individuals; however, 81 individuals are reported as unsheltered-homeless.
116
29 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Upon request, the City will support agencies that provide homeless housing and supportive services by providing a Certification of Consistency with the Consolidated Plan. (Note that in addition to being consistent with the Consolidated Plan, programs must also comply with applicable federal, state, and local regulations). Additionally, the City will continue to support the OC-CoC's efforts to seek resources to address regional homeless issues and support OCHA's efforts to obtain additional housing assistance vouchers for homeless Veterans (VASH). OCHA reports that in January 2024, four veteran households will benefit from VASH housing assistance in San Clemente. Additionally, ten households receive rental assistance via the Continuum of Care Voucher program. This program provides rental subsidies and supportive services to individuals with disabilities who have experienced homelessness.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The City's strategy is to help a household at risk of becoming homeless to stay in their home. CDBG funding is allocated to provide social safety net services to help at-risk households avoid becoming homeless. The City will also continue to support the regional homeless planning efforts, including the OC-CoC's Discharge Plan, which will help prevent individuals from leaving institutions, hospitals, etc., and becoming homeless.

Discussion
The City's homeless strategy is to prevent homelessness and support local service providers' efforts to seek additional resources. The City's CDBG funds are allocated for safety net services to help households at risk of homelessness redirect limited income toward housing. 117
30 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 AP-75 Barriers to affordable housing – 91.220(j)
Introduction
Barriers to affordable housing and actions to overcome barriers are listed in the City's Housing Element and discussed in the Consolidated Plan.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Affordable Housing Funds: The City will encourage developers to include affordable housing units within developments and seek other private and public funding sources to reduce these units' development costs.

To the extent that resources are available, Inclusionary Housing In-lieu Funds may assist nonprofit agencies in purchasing land or existing housing units to provide long-term affordable housing.

Environmental Review: The City's Housing Element details the impact of environmental review compliance.

The Housing Element also identifies the exemptions that state and federal laws provide to streamline the environmental review process. City staff plays a vital role by assisting property owners and developers in navigating the various environmental review regulations.

Planning and Development Fees: According to the City's Housing Element, housing construction imposes certain short- and long-term costs upon local government, such as the cost of providing planning services and inspections. Fees assessed by the City to recoup these costs are typical for Orange County communities.

Permit and Processing Procedures: The processing time required to obtain approval of development entitlements and building permits is sometimes cited as contributing to construction costs. The City's development approval process is designed to accommodate, not hinder, development and not unduly constrain housing. The City's Housing Element outlines the time and cost savings development processes, including one-stop permitting, pre-permit application meetings, and concurrent permit application processing. For an affordable housing project, City staff interacts with project sponsors early in the process to determine project feasibility.

Land Use Controls: Generally, land use controls are considered necessary to protect public health, safety, and welfare and maintain the quality of life. Such controls are not considered a significant constraint on the development of housing. The City has implemented reasonable controls appropriate for the community and detailed these controls in the City's Housing Element.

Discussion
The City's Housing Element identifies several barriers to developing affordable housing opportunities. The Housing Element also identified several actions the City can take to reduce these impacts. No projects are currently planned or under construction that are using these incentives. 118
31 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 AP-85 Other Actions – 91.220(k)
Introduction
Outlined below are the actions the City will implement to address the sub-strategies of the Consolidated Plan.

Actions planned to address obstacles to meeting underserved needs The City will allocate a portion of CDBG funds for activities that address the service needs of lower-income and special-needs households. Additionally, the City will encourage and support OCHA's efforts to obtain additional rental assistance funding for these households. CDBG resources will be available to help with housing rehabilitation. This program is available to assist homeowners in improving their residences and address specific household needs.

Actions planned to foster and maintain affordable housing San Clemente has identified actions it will implement during FY 2024-2025 to foster and maintain affordable housing. The Consolidated Plan identifies programs such as Housing Rehabilitation assistance as the means to maintain and improve housing currently available to low- and moderate-income residents. By providing deferred payment loans or grants, homeowners can rehabilitate their properties to meet basic housing quality standards and incur zero or minimal additional housing costs. FY 2024-2025 CDBG funding and program income received during the year will be available to assist with housing rehabilitation.

Actions planned to reduce lead-based paint hazards
The City will ensure compliance with federal lead-based paint regulations. All housing units constructed before 1978 that are rehabbed with CDBG funds must be tested for lead paint hazards. If lead is found, additional assistance may be provided to eliminate lead hazards in compliance with current regulations.

Actions planned to reduce the number of poverty-level families Approximately 5.6% of the City's population live below the poverty level, including 2.4% of children under 18 and 5.5% of seniors (aged 65 and older). During FY 2024-2025, the City will fund the following activities to help reduce the number of poverty-level households:
x Support public services that provide a social safety net for lower-income households, especially for the near-homeless
x Support OCHA's administration of the federal rental assistance program for very low-income renters
x Subject to the availability of funds, provide housing rehabilitation assistance for lower-income and special-needs homeowners
x Commercial property upgrades to improve neighborhood aesthetics and expand economic opportunities for lower-income residents.
119
32 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Actions planned to develop institutional structure
The City has made an effort to establish an institutional structure to help identify and access resources to improve the community. The City will continue to work with nonprofit and public entities to deliver public services. As a supporter of the Orange County Continuum of Care, the City will provide critical information to the County of Orange to prepare the County's Continuum of Care Homeless Assistance grant application to HUD. The City will also continue to assist OCHA in implementing its Public Housing Authority (PHA) Plan to provide rental assistance vouchers and certificates.

Actions planned to enhance coordination between public and private housing and social service agencies
The City of San Clemente does not operate public housing, but OCHA provides rental assistance in the community. Federal legislation requires that OCHA prepare five-year and one-year plans highlighting its mission, goals, and objectives related to public and assisted housing programs. The City will review OCHA's plans and provide OCHA the opportunity to review and consult with the City regarding its Consolidated Plan/Annual Action Plan. This cross-consultation aims to provide consistent and coordinated housing services for City residents.

San Clemente has also developed positive relationships with private and nonprofit housing developers.

Additionally, ongoing relationships with local nonprofit social service providers help promote the efficient and effective use of limited private and public resources to address the community's service needs.

Broadband: According to BroadbandNow.com, Cox Communications is the top broadband service provider in San Clemente, covering 98.3% of the City. AT&T Internet is also available via fiber optic cable to 68.0% of San Clemente properties. Several additional providers offer satellite or 5-G-based broadband service.

Most broadband service providers in Orange County participate in the Affordable Connectivity Program (ACP). The ACP was created with the passage of the Infrastructure and Jobs Act of 2021. The purpose of the ACP is to provide eligible households with a $30 discount on monthly broadband internet service. ACP eligibility is based on household income (200% of federal poverty or less) or participation in specific government assistance programs, such as SSI, Medicaid, or WIC. Funding may also be available to provide "discounts" for connective devices such as a laptop, a desktop computer, or a tablet. Information about the ACP is readily available online; however, many of the City's nonprofit service providers will inform clients of this program and assist clients in applying for discounts. Additionally, the City will continue encouraging developers and property owners to incorporate broadband infrastructure into new or substantially rehabilitated housing projects, especially affordable housing projects.

Resiliency: The Disaster Mitigation Act of 2000 requires the State of California and local governments to prepare mitigation plans to document their hazard mitigation planning process and to identify hazards, potential losses, mitigation needs, goals, and strategies. Each state and local government must have a federally approved mitigation plan to qualify for hazard mitigation grant funding. 120
33 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 The City of San Clemente Natural Hazards Mitigation Plan aims to promote sound public policy to protect citizens, critical facilities, infrastructure, private property, and the environment from natural hazards. The mitigation plan seeks to increase public awareness, document the resources for risk reduction and loss prevention, and identify activities to guide the City toward building a safer, more sustainable community.

The mitigation plan lists activities to help reduce risk and prevent loss from future natural hazards such as earthquakes, landslides, flooding, tsunamis, wildfires, and the impacts of nuclear waste and climate change. FEMA approved the City's Natural Hazards Mitigation Plan in 2005. The City is currently seeking proposals to develop an Emergency Services Action Plan (ESAP) to address emergency service needs. The ESAP will include an updated Natural Hazard Mitigation Plan that is in line with the current state Local Hazard Mitigation Plan (LHMP) best practices. City staff anticipates having an LHMP in place by early 2025.

Discussion
HUD-funded grant recipients are required to affirmatively further fair housing and not discriminate in housing or services directly or indirectly based on race, color, religion, sex, national origin, age, familial status, or disability. Grant recipients such as San Clemente are required to (1) examine and attempt to alleviate housing discrimination within their jurisdiction; (2) promote fair housing choices for all persons; (3) provide opportunities for all persons to reside in any given housing development, regardless of race, color, religion, sex, disability, familial status, national origin, and other personal or familial attributes; (4) promote housing that is accessible to and usable by persons with disabilities; (5) and comply with the nondiscrimination requirements of the Fair Housing Act. HUD encourages jurisdictions to consult with one another and initiate region-wide area fair housing planning. The Analysis of Impediments (AI) to Fair Housing Choice is the primary document for this purpose. In addition to identifying impediments, a strategy to overcome barriers must be developed and implemented - accomplishments are reported annually. The City participated in developing a countywide AI, which the City Council adopted in May 2020.

A summary of impediments to fair housing and the action steps the City will take to affirmatively further fair housing during FY 2024-2025 are found in Attachment 4. 121
34 OMB Control No: 2506-0117 (exp. 06/30/2018) Draft 3/15/24 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
Each HUD program covered by the Consolidated Plan regulations must address specific program-specific requirements.

Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed
0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan
0 5. The amount of income from float-funded activities 0 Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
Discussion
The City will meet the overall 70% benefit for low and moderate-income requirements of the CDBG program over one program year – FY 2024-2025.
122
Five-Year and One-Year Summary of Accomplishments
Grantee Name: City of San Clemente
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Housing Units 2 1 50.0%2021 Housing Units 3 2 66.7%2022 Housing Units 3 6 200.0%2023 Housing Units2024 Housing Units 20 9 45.0%
2020 Housing Units 0 0 0.0%2021 Housing Units 0 0 0.0%2022 Housing Units 0 0 02023 Housing Units2024 Housing Units 2 0 0.0%
2020 Housing Units 150 141 94.0%2021 Housing Units 140 132 94.3%2022 Housing Units 130 130 100.0%2023 Housing Units2024 Housing Units 150
(Annual Avg)
134
(3 Yr Avg)

89.3%
(3 Yr Avg)
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Individuals 2,845 2,365 83.1%2021 Individuals 2,720 2,616 96.2%2022 Individuals 2,825 2,808 99.4%2023 Individuals2024 Individuals 12,500 7,789 62.3%
2020 Projects 0 0 0.0%2021 Projects A 0 0 0.0%2022 Projects A 0 1,810 NA2023 Projects2024 Projects 7,000 1,810 25.9%
CDBG
5-Yr Con Plan Goal
CDBG
Decent Housing
CDBG
5-Yr Con Plan Goal
Housing Rehabilitation Loans and Grants: Improve or expand the supply of housing affordable to lower-income homeowners HUD
Housing
Vouchers
5-Yr Con Plan Goal
Housing Rehabilitation Loans and Grants: Improve or expand the supply of housing affordable to lower-income renter households CDBG 5-Yr Con Plan Goal
Improve and expand public infrastructure and facilities that benefit lowand moderate-income neighborhoods and residents Objective: Housing Preservation
Suitable Living Environment
Objective: Public Social Services
Objective: Infrastructure and Facility Improvements
Housing Choice Vouchers (Administered by OCHA): Improve or expand the supply of housing affordable to lower-income householdsProvide or improve access to public social services for low- and moderate-income persons and persons with special needs 5-Yr Con Plan Goal
2/19/23
123
Five-Year and One-Year Summary of Accomplishments
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Businesses B 0 40 NA2021 Businesses 5 1 20.0%2022 Businesses 5 1 20.0%2023 Businesses2024 Businesses 10 2 20.0%
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Individuals 290 453 156.2%2021 Individuals 519 880 169.6%2022 Individuals 2,157 2,187 101.4%2023 Individuals2024 Individuals 2,450 3,520 143.7%
Source of
Funds Year Performance Indicators Expected Number Actual Number Percent Completed 2020 Year of Admin 1 1 100.0%2021 Year of Admin 1 1 100.0%2022 Year of Admin 1 1 100.0%2023 Year of Admin2024 Year of Admin 5 3 60.0%
2020 Households 60 30 50.0%2021 Households 50 71 142.0%2022 Households 30 57 190.0%2023 Households2024 Households 300 158 52.7%
B. CDBG-CV funds were used to assist businesses in FY 20-21.

On December 17, 2020, added small business assistance grant for businesses impacted by the Coronavirus (CDBG-CV funding)Provide a continuum of supportive and housing services for the homeless and households at risk of homelessness 5-Yr Con Plan Goal
Continuum of Care
Objective: Homeless Continuum of Care

CDBG-CV
CDBG
A. Cabrillo Sidewalk Improvements was initially funded in FY 19-20 and completed in FY 22-23.

CDBG
5-Yr Con Plan Goal
CDBG
5-Yr Con Plan Goal
Provide for administration and planning activities to carry out actions that address needs in the Consolidated Plan, including fair housing services to address local impediments to fair housingProvide for administration and planning activities to carry out actions that address needs in the Consolidated Plan, including fair housing services to address local impediments to fair housing Objective: Economic Opportunities
Economic Opportunity
5-Yr Con Plan Goal
Other
Objective: Administration and Planning
2/19/23
124
34932 Calle Del Sol, Suite B
Capistrano Beach, CA 92624
(949)388-7700
(949)388-9977 FAX
State of California
County of Orange
I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not a party to or interested in the above-entitled matter. I am the Legal Clerk of the publisher of the San Clemente Times, a City of San Clemente, newspaper of general circulation, published weekly in the city of San Clemente, County of Orange, and which newspaper has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Orange, State of California on Nov 9th, 2018, Case Number 01017680; that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:

Published in: San Clemente Times
Run dates:

Mar. 14, 2024
Executed: _______ day of _______________, A.D. 20____.

I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature:
______________________________

PROOF OF PUBLICATION
_________________________
14 March 24
Attachment 2 1 of 3 125
Attachment 2 2 of 3 126

SUMMARY OF PUBLIC COMMENTS
30-DAY COMMENT PERIOD
TBD

CITY COUNCIL PUBLIC HEARING
TBD
Attachment 2 3 of 3 127

CITY OF SAN CLEMENTE
CDBG Eligible Census Tract Block Groups

GRANTEE NAME
CENSUS
TRACT #

CENSUS BLOCK
GROUP #
NO of

LOW/MOD

RESIDENTS

LOW/MOD

UNIVERESE PCT LOW/MOD
San Clemente 042108 2 505 645 78%
San Clemente 042108 5 905 1,165 78%
San Clemente 042107 2 1,970 2,570 77%
San Clemente 042107 1 1,120 1,560 72%
San Clemente 042109 1 1,240 1,905 65%
San Clemente 042111 2 720 1,130 64%
San Clemente 042103 4 1,005 1,610 62%
San Clemente 042108 4 945 1,520 62%
San Clemente 042113 3 655 1,085 60%
San Clemente 042108 3 615 1,120 55%
San Clemente 042109 3 450 835 54%
San Clemente 042206 1 655 1,290 51%
Attachment 3 1 of 1 128

ORANGE COUNTY ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE August 6, 2020

REGIONAL PROPOSED AI GOALS AND STRATEGIES
To address the contributing factors described above, the AI plan proposes the following goals and actions:

Regional Goals and Strategies"
Goal 1: Increase the supply of affordable housing in high opportunity areas.1 Strategies:

1. Explore the creation of a new countywide source of affordable housing.

2. Using best practices from other jurisdictions, explore policies and programs that increase the supply of affordable housing, such as linkage fees, housing bonds, inclusionary housing, public land set-aside, community land trusts, transit-oriented development, and expedited permitting and review.

3. Explore providing low-interest loans to single-family homeowners and grants to homeowners with household incomes of up to 80% of the Area Median Income to develop accessory dwelling units with affordability restrictions on their property.

4. Review existing zoning policies and explore zoning changes to facilitate the development of affordable housing.

5. Align zoning codes to conform to recent California affordable housing legislation.

Goal 2: Prevent displacement of low- and moderate-income residents with protected characteristics, including Hispanic residents, Vietnamese residents, other seniors, and people with disabilities.

Strategies:

1. Explore piloting a Right to Counsel Program to ensure legal representation for tenants in landlord-tenant proceedings, including those involving the application of new laws like A.B. 1482.

Goal 3: Increase community integration for persons with disabilities.

Strategies:

1. Conduct targeted outreach and provide tenant application assistance and support to persons with disabilities, including individuals transitioning from institutional settings and individuals who are at risk of institutionalization. As part of that assistance, maintain a database of housing that is accessible to persons with disabilities.

2. Consider adopting the accessibility standards adopted by the City of Los Angeles, which require at least 15 percent of all new units in city-supported Low-Income Housing Tax Credit (LIHTC) projects to be ADA1 The term “high opportunity areas” generally means locations where there are economic and social factors and amenities that provide a positive impact on a person’s life outcome. This is described in more detail in Section iii, Disparities in Access to Opportunity.

Attachment 4 1 of 3 129
accessible with at least 4 percent of total units to be accessible for persons with hearing and/or vision disabilities.

Goal 4: Ensure equal access to housing for persons with protected characteristics, who are disproportionately likely to be lower-income and to experience homelessness.

Strategies:

1. Reduce barriers to accessing rental housing by exploring eliminating application fees for voucher holders and encouraging landlords to follow HUD's guidance on the use of criminal backgrounds in screening tenants.

2. Consider incorporating a fair housing equity analysis into the review of significant rezoning proposals and specific plans.

Goal 5: Expand access to opportunities for protected classes.

Strategies:

1. Explore the voluntary adoption of Small Area Fair Market Rents or exception payment standards in order to increase access to higher opportunity areas for Housing Choice Voucher holders.

2. Continue implementing a mobility counseling program that informs Housing Choice Voucher holders about their residential options in higher opportunity areas and provides holistic support to voucher holders seeking to move to higher opportunity areas.

3. Study and make recommendations to improve and expand Orange County's public transportation to ensure that members of protected classes can access jobs in employment centers in Anaheim, Santa Ana, and Irvine.

4. Increase support for fair housing enforcement, education, and outreach.

CITY OF SAN CLEMENTE PROPOSED AI GOALS AND STRATEGIES
1) In collaboration with the Orange County Housing Authority (OCHA):
a) a. Attend quarterly OCHA Housing Advisory Committee to enhance the exchange of information regarding the availability, procedures, and policies related to the Housing Assistance Voucher program and regional housing issues.
b) b. Support OCHA's affirmative fair marketing plan and de-concentration policies by providing certifications for five-year and annual PHA plan.
c) c. In coordination with OCHA and fair housing services provider, conduct landlord education campaign to educate property owners about State law prohibiting discrimination based on household income.
2) Through the City's fair housing contractor:
a) Provide fair housing education and information to apartment managers and homeowner associations on why denial of reasonable modifications/accommodations is unlawful.

Attachment 4 2 of 3 130
b) Conduct multi-faceted fair housing outreach to tenants, landlords, property owners, realtors, and property management companies. Outreach methods may include workshops, informational booths, presentations to community groups, and multi-lingual fair housing literature distribution. c) Provide general fair housing counseling and referrals services to address tenant-landlord issues, and investigate allegations of fair housing discrimination and take appropriate actions to conciliate cases or refer to appropriate authorities.
d) Periodically monitor local newspapers and online media outlets to identify potentially discriminatory housing advertisements.
e) Include testing/audits within the scope of work with a fair housing provider. 3) Support local eviction prevention strategies to reduce the number of homeless individuals and families (homelessness prevention services).
4) Prepare a new Housing Element compliant with all current State laws and certified by the California Department of Housing and Community Development.
5) Update zoning ordinance to comply with current State law. 6) Offer various housing opportunities to enhance mobility among residents of all races and ethnicities by facilitating affordable housing throughout the community through 1) flexible development standards, 2) density bonuses, and 3) other zoning tools.
7) Review the type and effectiveness of current affordable housing development incentives and amend/augment as necessary to increase the production of affordable housing units.

Attachment 4 3 of 3 131
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: April 16, 2024 Agenda Item: 9A.

Department: Public Works
Prepared By: David Rebensdorf, Public Works Director/City Engineer Zak Ponsen, Assistant City Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING TWO SETTLEMENT AGREEMENTS, ACCEPTING

TWO CONSERVATION EASEMENTS, APPROVING AN ENDOWMENT AGREEMENT, AND ACCEPTING

THREE EASEMENT DEEDS FOR STORM DRAIN AND ASSOCIATED IMPROVEMENTS ALL RELATED

TO THE ARRIOLA GLOBAL SETTLEMENT AGREEMENT AND LANDSLIDE REPAIR PROJECT AT VIA

BALLENA AND THE SHORECLIFFS GOLF COURSE AND AUTHORIZING A SUPPLEMENTAL APPROPRIATION OF $700,000 TO FUND THE SETTLEMENTS
..body
Fiscal Impact:

The fiscal impact to the City is outlined in the proposed Settlement Agreements (Attachments 2 & 3) related to the pending action filed as OC Re-Hab 1, LLC, et al. v. City of San Clemente (Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC) (the “Action”). In summary, the City’s insurer California Joint Powers Insurance Authority (CJPIA) is funding $3,500,000 to the plaintiffs plus $748,000 to an endowment for purposes of funding habitat maintenance expenses related to two conservation easements, and the City is responsible for reimbursement to CJPIA in the amount of $700,000 for the new City drainage facilities. The City’s long-term maintenance cost associated with accepting the seven-foot by seven-foot box culvert and associated improvements will be a part of future yearly budgeting through the Storm Drain Operating and Storm Drain Depreciation Reserve.

At this time, staff is recommending a supplemental appropriation in the amount of $700,000 from the General Liability Fund to Account No. 068-816-44050-000-00000 to fund the settlement with CJPIA. There is adequate fund balance within the General Liability Fund for this expenditure.

Summary:

The purpose of the proposed Resolution (Attachment 1) is to finalize the requirements of the 2015 Arriola Global Settlement Agreement, approve two related Settlement Agreements, acknowledge the project work as complete, accept conservation and storm drain easements, approve an endowment agreement, and authorize the City Manager to take all remaining actions and execute all necessary documents to finalize the settlement agreements (Attachments 2 & 3) with CJPIA and the owners of the property where holes five and six were previously located within Shorecliffs Golf Course (OC Re-Hab 1, LLC and GC-8, LLC).

Background:

In 2015, the City, OC Re-Hab 1, LLC, GC-8, LLC, and several other parties entered into the Arriola Global Settlement Agreement (Arriola Agreement), which detailed plans and actions to help stabilize a 2011 landslide on the Via Ballena hillside. The Arriola Agreement required the 132
Meeting Date: April 16, 2024 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
slope repair behind several residential properties along Via Ballena and the construction of a seven-foot by seven-foot box culvert along Shorecliffs Golf Course previous holes five and six (Cascadita Canyon). The new box culvert connects to a transition structure at the I-5 Caltrans discharge culvert, and flows downstream to a new transition structure at Via Cascadita. This new box culvert replaces the existing surface flow conditions of the Cascadita Canyon.

Per the Arriola Agreement and the proposed Settlement Agreements, the City would be responsible for acceptance of the new box culvert, the transitions structures, the maintenance road and improvements within the landlocked (Vincent) Parcel (APN 691-021-02), and project improvements within portions of 424 Via Alegre (APN 691-031-14). The property owners of the previous hole five and six (OC Re-Hab 1, LLC and its successors) are to be responsible for the low flow diversion system on the above-mentioned parcels, and all other improvements (including the maintenance road) on the golf course properties. The low-flow diversion system delivers upstream drainage run-off to the newly created on-site habitat and wetland areas in the former hole six location. Precise details of ownership responsibilities can be found in the attached proposed easement documents.

The project received approvals from all the required environmental regulatory agencies. The California Coastal Commission (CCC) emergency permit conditions of approval required the project to obtain a follow-up coastal development permit to mitigate 0.3 acres of creek/riparian habitat and 0.41 acres of wetlands impacted by the landslide repairs. As part of the mitigation, the project ultimately resulted in habitat mitigation areas that removed the potential for replacing hole six in its previous location.

The owner of previous hole five/six location, George Zeber and OC Re-Hab 1, LLC, and the golf course (GC-8, LLC) filed a lawsuit for loss of hole six. The attached Settlement Agreement for the Action (Attachment 2) is a result of negotiations between all parties.

The CCC conditions of approval also require the establishment of habitat conservation easements in the former hole six location (On-Site Conservation Easement, Attachment 4) and in existing habitat areas in other areas of the golf course (Off-Site Conservation Easements, Attachment 5). The Conservation Easements are required to be accepted by a governmental agency or acceptable non-profit entity. The Resolution (Attachment 1) and Settlement Agreement (Attachment 2) authorize the City to accept these easements. By accepting these easements, the City has oversight authority to ensure the habitat area is maintained in accordance with the approved plans and permits. Per the proposed Settlement Agreement, the City and CJPIA are not responsible for funding of the Conservation Easement Endowment Fund beyond the initial payment of $748,000. This funding will go into an Endowment Fund that will accrue investment earnings and interest designated to help the golf course property owner(s) OC Re-Hab1 LLC and GC-8 LLC fund and maintain the habitat areas in perpetuity. An Endowment Agreement (Attachment 6) is proposed to outline the responsibilities of each party.

CJPIA, on behalf of the City, funded certain costs and scope changes associated with construction of the box culvert, access road, and other public improvements built as part of the project pursuant to the terms of the Arriola Agreement. CJPIA contends that the City owes reimbursement of certain costs and construction scope changes funded by CJPIA. Per the 133
Meeting Date: April 16, 2024 Agenda Item: 9A.

CITY OF SAN CLEMENTE 3
proposed Separate Settlement Agreement and Mutual Release with CJPIA (Attachment 3), the City will reimburse CPJIA for $700,000 of those costs.

Council Options:
 Adopt Resolution No. 24-49 (Attachment 1), which would approve the proposed Settlement Agreements (Attachments 2 and 3) in substantially the forms attached, with such minor modification(s) as hereinafter approved by the City Manager and City Attorney (which would include the City’s acceptance of Conservation Easements both On-Site and Off-Site, approval of an endowment agreement, acceptance of three storm drain easements), and approve a supplemental appropriation in the amount of $700,000 from the General Liability Fund for reimbursement to CJPIA.
 Modify and adopt Resolution No. 24-49.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-49 and reject the proposed settlement, which would result in continuation of the pending litigation.

Environmental Review/Analysis
This action is considered not a project pursuant to California Environmental Quality Act Guidelines Section 15378. (14 CCR § 15378.)
Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-49, which will:
..recommendation

1. Approve the two proposed Settlement Agreements related to the Action;

2. Accept the Conservation Easements for both On-Site and Off-Site habitat management areas;

3. Approve the proposed Endowment Agreement;

4. Accept the three (3) storm drain easements and improvements;

5. Authorize the City Manager to take all remaining actions and execute all necessary documents to finalize the Settlement Agreements in substantially the form attached, with any minor modifications hereafter approved by the City Manager in consultation with the City Attorney.

6. Approve a supplemental appropriation in the amount of $700,000 from the General Liability Fund to Account No. 068-816-44050-000-00000 to fund the City’s monetary obligation under the Settlement Agreements...recommendati on
..end
Attachment:

1. Resolution No. 24-49
134
Meeting Date: April 16, 2024 Agenda Item: 9A.

CITY OF SAN CLEMENTE 4

2. Settlement Agreement and Mutual Release [OC Re-Hab 1, LLC, et al. v. City of San Clemente (Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC)]

3. Separate Settlement Agreement and Mutual Release between CJPIA and the City

4. On-Site Habitat Conservation Easement

5. Off-Site Habitat Conservation Easement

6. Endowment Agreement

7. Easement Deed and Agreement- 424 Via Alegre (APN 691-031-14)

8. Easement Deed and Agreement- APN- 691-021-02 (Vincent Parcel)

9. Easement Deed and Agreement- On-Site Golf Course
Notification:

George Zeber- OC Re-Hab 1, LLC
James Copelan- GC-8 LLC
Donald Landcaster & Erika Danielle Young- Owners 424 Via Alegre, San Clemente, CA 92672 CJPIA
135
ATTACHMENT 1
4882-9904-3949 v1
RESOLUTION NO. 24-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, APPROVING TWO

SETTLEMENT AGREEMENTS, ACCEPTING TWO

CONSERVATION EASEMENTS, APPROVING AN

ENDOWMENT AGREEMENT, AND ACCEPTING THREE

EASEMENT DEEDS FOR STORM DRAIN AND

ASSOCIATED IMPROVEMENTS ALL RELATED TO THE

ARRIOLA GLOBAL SETTLEMENT AGREEMENT AND

LANDSLIDE REPAIR PROJECT AT VIA BALLENA AND

THE SHORECLIFFS GOLF COURSE AND

AUTHORIZING A SUPPLEMENTAL APPROPRIATION
OF $700,000 TO FUND THE SETTLEMENTS
WHEREAS, in October, 2015, the City entered into the Arriola Global Settlement Agreement (herein the Arriola Agreement) regarding remediation of a slope between Via Ballena and holes 5 and 6 of the Shorecliffs Golf Course; and WHEREAS, the Arriola Agreement required the construction of a 7-foot by 7- foot box culvert, an access maintenance road, and associated improvements as per the As-Built Plans on file at the City of San Clemente, dated February 9, 2024 (herein the “Project”); and
WHEREAS, per the Arriola Agreement, the City is responsible for acceptance of the new box culvert, the transitions structures, the portion of the maintenance road and improvements within the landlocked Parcel with an Assessor Parcel Number (APN) 691-021-02, and project improvements within the property located at 424 Via Alegre (APN 691-031-14); and
WHEREAS, per the Arriola Agreement, the property owners of hole 5 and 6 (OC Re-Hab 1, LLC and its successors) are responsible for the low flow diversion system on the above-mentioned parcels, and all other improvements (including the maintenance road) on the golf course properties; and
WHEREAS, on October 31, 2023, OC Re-Hab 1, LLC, the developer and contracting party for the landslide remediation project, substantially completed the project work; and
WHEREAS, conditions of approval from the California Coastal Commission required the Project to mitigate for disturbed creek, riparian, and wetland habitat damaged during the Project; and
WHEREAS, the required habitat mitigation resulted in the loss of available land for restoration of hole 6 of the Golf Course; and
136
Resolution No. 24-49 Page 2
4882-9904-3949 v1
WHEREAS, George Zeber and OC Re-Hab 1, LLC, and the golf course (GC8, LLC) filed a lawsuit against the City for loss of the hole 6 and other alleged damages [OC Re-Hab 1, LLC, et al. v. City of San Clemente (Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC)] (the “Action”); and WHEREAS, an Endowment Agreement is proposed for long-term funding of the habitat areas by OC Re-Hab 1, LLC and GC-8, LLC; and WHEREAS, the California Joint Powers Insurance Authority (CJPIA) funded certain costs and scope changes associated with construction of the box culvert, access road, and other public improvements built as part of the Project and contends that the City owes reimbursement of a portion of those costs; and WHEREAS, settling the Action and the related Project cost issues is in the best interests of the City and the public.

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 City Council deems the works related to the Arriola Global Settlement Agreement complete as per the As-Built Improvements Plans, dated February 9, 2024.

SECTION 3. That the City Council approves the Settlement Agreement and Mutual Release between the City and OC Re-Hab 1, LLC and GC-8, LLC relating to the Action, and authorizes and directs the City Manager to execute the same in a form substantially similar to that presented to the City Council on April 16, 2024, with such minor modifications as hereafter approved by the City Manager in consultation with the City Attorney.

SECTION 4. That the City Council approves the Separate Settlement Agreement and Mutual Release between the City and CJPIA and authorizes and directs the City Manager to execute the same in a form substantially similar to that presented to the City Council on April 16, 2024, with such minor modifications as hereafter approved by the City Manager in consultation with the City Attorney.

SECTION 5. That the City Council accepts the Conservation Easements for both On-site and Off-site habitat management areas and authorizes and directs the City Manager to execute the same in the forms substantially similar to those presented to the City Council on April 16, 2024, with such minor modifications as hereafter approved by the City Manager in consultation with the City Attorney.

SECTION 6. That the City Council approves the Endowment Agreement for 137
Resolution No. 24-49 Page 3
4882-9904-3949 v1
long-term funding of the habitat areas and authorizes and directs the City Manager to execute the same in a form substantially similar to that presented to the City Council on April 16, 2024, with such minor modifications as hereafter approved by the City Manager in consultation with the City Attorney.

SECTION 7. That the City accepts the Easement Deed Agreements for storm drain and associated improvements on 424 Via Alegre, APN 691-021-02, and the OnSite Golf Course and authorizes and directs the City Manager to execute the same in the forms substantially similar to those presented to the City Council on April 16, 2024, with such minor modifications as hereafter approved by the City Manager in consultation with the City Attorney.

SECTION 8. That the City Council approves a supplemental appropriation in the amount of $700,000 from the General Liability Fund to Account No. 068-816- 44050-000-00000 to fund the City’s monetary obligation under the Settlement Agreements.

SECTION 9. That the City Council authorizes and directs the City Manager or his designee to take all remaining actions and execute all documents as are necessary and proper to finalize and implement the Settlement Agreements and the purposes of this resolution.

SECTION 10. 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 16th day of April, 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. 24-49 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 16th day of April, 2024, by the following vote:

AYES:
138
Resolution No. 24-49 Page 4
4882-9904-3949 v1
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
139

SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This SETTLEMENT AGREEMENT AND MUTUAL RELEASE (“Agreement”) is made as of April 17, 2024 (the “Effective Date”) among the City of San Clemente, a public entity (“City”), California Joint Powers Insurance Authority (“CJPIA”), OC RE-HAB 1, LLC (“OC”), and GC-8 LLC ("GC"). City, CJPIA, OC, and GC may be individually referred to herein as a “Party” and collectively referred to herein as the “Parties.”
I. RECITALS
A. This Agreement arises out of the litigated superior court action known as GEORGE ZEBER, OC RE-HAB 1, LLC, and GC-8 LLC, plaintiffs, v. CITY OF SAN CLEMENTE, a public entity, and DOES 1–25 inclusive, defendants, Orange County Superior Court Case No. 30-2021- 01191580-CU-EI-CXC (the “Action”). In the Action, on June 24, 2021, plaintiffs OC and GC filed a First Amended Complaint (“FAC”) for Specific Performance, Breach of Contract, Breach of Implied Covenant of Good Faith and Fair Dealing, Inverse Condemnation, Nuisance and Declaratory Relief. Individual George Zeber, named as a plaintiff in the original complaint, was removed as a plaintiff in the FAC and is no longer a party to the Action.

B. Plaintiffs OC and GC allege the Action arises out of the “Agreement and Release of Claims” (“Release”) entered into between 23 parties to completely resolve those litigation actions and cross-actions known as Joseph A. Arriola, et al. v. L.H.C. Investments LLC, et al., Orange County Superior Court Case No. 30-2011-00450299-CU-CD-CXC. That Release was intended to settle all potential claims relating to slope and drainage repair of a landslide affecting multiple upslope homeowners and the contiguous downslope Shorecliffs Golf Course in the City of San Clemente. The homeowners and golf course property share a common boundary located on the slope. Prior landslides had occurred in the area, also giving rise to earlier (settled) litigation among nearby homeowners, plaintiff GC, and City.

C. The Release terms provide for payment of damages both by and to homeowners, plus an agreement to fund, including with City’s (and/or CJPIA’s) $2+ million contribution, and implement a private slope repair project (the “Project”) to repair the landslide and install drainage improvements, including a box culvert drainage facility within Cascadita Canyon, and related work for certain residential lot restorations, with the primary objective to stabilize the reconstructed slope.

D. Pursuant to the Release, plaintiff OC was formed to serve as the developer and contracting party for the Project, including all slope and drainage repair work, and took title from plaintiff GC to the portion of the golf course property directly affected by the landslide (i.e., Cascadita Canyon and golf course holes 5 and 6).

E. The Release also requires OC and GC to dedicate to City permanent easement rights for City to control, operate and maintain the Project’s privately constructed box culvert drainage facility, and to dedicate to City all reasonably necessary associated easements, including a permanent easement for access to the drainage facility, across, over and under portions of the Shorecliffs Golf Course.

Attachment 2
140
Settlement Agreement – George Zeber, OC RE-HAB 1, LLC, and GC-8 LLC v. City of San Clemente Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC

Page 2 of 14 ends

F. In 2016, the California Coastal Commission (“CCC”) issued an emergency coastal development permit (emergency permit no. G-5-16-061) for the landslide repair Project, authorizing partial removal of the landslide debris, installation of a 2,600-foot-long box culvert drain, import of 150,000 cu. yards of fill to reconstruct the slope, installation of a buttress and drainage system for the reconstructed slope, and revegetation. Plaintiff OC began the Project landslide repairs in February 2017 and completed all work in December 2019. The CCC emergency permit conditions required applicant OC to obtain a follow-up coastal development permit to mitigate 0.3 acres of creek (riparian habitat) and 0.41 acres of wetlands impacted by the landslide repairs, and to obtain permanent authorization for the emergency work. (Source: CCC Staff Report for April 16, 2021 hearing, Application No.: 5-20-0446, Summary at p. 2 (emergency permit no. G-5-16-061), and at p. 36, Appendix B – Mitigation Table; Exhibit Packet to CCC Staff Report for April 16, 2021 hearing, at CCC Exhibit 3 (open space/habitat).) G. Plaintiff OC applied to CCC for permanent Project permit authorization and submitted plans including proposed mitigation with on-site and off-site habitat restoration areas intended to allow reconstruction of holes 5 and 6. The 2016 application was withdrawn in 2017, followed by working with CCC staff to develop a plan to satisfy CCC’s mitigation requirements.

CCC partially denied OC’s application for permanent coastal development permit authorization for the repair Project, rejected the proposed restoration design and, instead, imposed conditions that required consolidation of the habitat restoration in the area of golf course hole 6. CCC allowed complete reconstruction of hole 5 but did not allow for reconstruction of hole 6 at all. To resolve CCC’s concerns, plaintiffs OC and GC proposed additional off-site mitigation, which CCC accepted and made part of its final permanent coastal development permit conditions for the Project. (Source: CCC Staff Report for April 16, 2021 hearing, Application No.: 5-20-0446, Summary at p. 2.) CCC also required plaintiffs OC and GC to record deed restrictions preserving in perpetuity the open space use of all restored habitat areas both on and off site. (Source: CCC Staff Report for April 16, 2021 hearing, Application No.: 5-20-0446, Summary at p. 4, CCC conditions 6 and 7, see also p. 6 (conditions run with the land, binding all future owners), p. 11 (deed restriction terms and conditions), p. 27 (special conditions 6 and 7 deed restrictions for onsite and off-site habitat restoration areas).) On February 10, 2022 CCC approved, with conditions, Permit Amendment No. 5-20-0446-A1, to amend Special Conditions 6 and 7 (Open Space/Habitat Use Restriction and Deed Restriction) to change "prior to Issuance" to "prior to occupancy" for each condition. (Source: CCC Staff Report for February 10, 2022 hearing, Application No.: 5-20- 0446-A1, Summary at p. 2, as further revised by the CCC Staff Report Addendum.) H. The Release acknowledged that the slope repair Project conceptual plans were subject to resource agency regulatory review, specifically including CCC and City. The Release provided City’s engineer express authority for approval of final repair plans, “approval of any mitigation conditions placed on the project by resource agencies whose approval of the project is required,” control and approval of the work of the construction manager, and over-all approval of any changes to the scope of work, among other matters. In the Action, City contends it exercised that express authority, responding to the options OC’s construction manager presented to either 1) appeal Coastal Commission’s decision and attempt to get them to accept a mitigation plan allowing hole 6 restoration, or 2) move forward and accept the slope repair Project permit condition requiring the 6th hole for mitigation purposes in perpetuity. City declined the appeal option.

I. In the Action’s allegations and causes of action contained therein, OC and GC contend that the City allegedly breached certain Release obligations, including but not limited to, 141
Settlement Agreement – George Zeber, OC RE-HAB 1, LLC, and GC-8 LLC v. City of San Clemente Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC

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by failing to act in good faith in exercising City’s authority, as provided in the Release, to accept the CCC’s special conditions requiring permanent habitat mitigation and imposing requirements for recording deed restrictions affecting golf course hole 6, among other conditions, failure to restore holes 5 and 6, alleged delays by City in responding to Project development applications and processing the permit and plan check process for Project permits necessary for the slope repair and drainage facility Project, among other claims and allegations.

J. In the Action, Plaintiffs OC and GC contend that City’s acts and/or failure(s) to act, including allegedly improperly exercise of City’s authority pursuant to the Release terms to accept CCC’s permit conditions, entitles OC and GC to compensation for the loss of golf course hole 6, recovery of restoration costs for both golf course hole 5 and hole 6, related consequential damages including both temporary and permanent loss of use and loss of revenue, recovery of restoration costs, specific performance, breach of contract damages, breach of the covenant of good faith and fair dealing damages, inverse condemnation recovery for temporary and permanent loss of use and control of real property, nuisance damages, declaratory relief, and attorney fees recovery.

K. City denies all claims and allegations in the Action, including but not limited to any claims that City failed to comply with the duties and obligations created by the Release. City further contends it is entitled to immunity for any and all claims, including related to processing of any Project permits and applications. City further contends the allegations and claims based on specific performance, breach of contract, breach of covenant of good faith and fair dealing, and nuisance are without merit and barred by CCC’s authority over Project permits and CCC’s imposition of special permit conditions affecting the Project and precluding restoration of golf course hole 6, among other issues. City further contends inverse condemnation is inapplicable because the Project was a private work conducted on private property and plaintiffs OC and GC consented to the Project work to construct the facilities agreed to by all parties in the Release.

L. The Action, the claims and allegations by OC and GC against City relating to the Action, the Release, and/or the Project, including any alleged obligations of City or CJPIA to fund payments related to the Project and/or for payment for the long term maintenance of habitat areas subject to CCC’s special conditions imposed on the Project, and all claims for recovery of financial losses and other alleged impacts to OC and GC and the Shorecliffs Golf Course as a result of construction of the Project, together with CCC’s imposed special conditions and restrictions on the Shorecliffs Golf Course, reduced golf course yardage due to reconfiguration of course layout, reduced golf course playability and/or desirability due to reconfiguration of course layout, relocation of hole 6, permanent loss of use of former hole 6 site due to CCC’s special conditions requiring permanent habitat maintenance and deed restriction(s) affecting the former hole 6 site, restoration costs relating to both hole 5 and the newly configured hole 6 or any other area of the Shorecliffs Golf Course, and for recovery of compensation, damages, or any other claims for loss(es) relating to the Project, including the alleged delays by City in responding to Project development applications and processing Project permits, any other alleged responsibility of City and/or CJPIA relating to the Action, Release and Project, and City’s denial of any and all alleged liability, are collectively referred to herein as the “Disputes.” M. The Parties have engaged in mediation and other settlement discussions concerning the Disputes.
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Settlement Agreement – George Zeber, OC RE-HAB 1, LLC, and GC-8 LLC v. City of San Clemente Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC

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N. The Parties each deny all liability relating to the Disputes, the Release, the Project, and all allegations in the Action. Nevertheless, in the interest of avoiding the risks and expense of further litigation, the Parties now desire to settle and resolve all matters arising from or relating to the Disputes, including the Action, the Release and/or the Project.

NOW, THEREFORE, in consideration of the mutual promises made herein, and for good and sufficient consideration, which is hereby acknowledged, the Parties, intending to be legally bound, agree as follows:

II. TERMS AND CONDITIONS

1. Incorporation of Recitals. The above recitals are incorporated herein and are part of this Agreement.

2. Effective Date. This Agreement shall be effective upon execution of this Agreement by all Parties, or the date one day after City Council approval, whichever is later.

3. Settlement Payments. In consideration of the terms and conditions set forth in this Agreement, City, through CJPIA, shall pay the total sum of Three Million Five Hundred Thousand Dollars ($3,500,000.00), in the form of drafts or checks payable to payees as follows “Newmeyer & Dillion IOLTA Client Trust Account” and delivered to:

Charles S. Krolikowski
Newmeyer & Dillion LLP
895 Dove Street, 5th Floor
Newport Beach, CA 92660
The settlement check or draft for the above sum shall be delivered to the above-identified counsel for plaintiffs OC and GC within thirty (30) days of receipt by City’s counsel of record, from plaintiffs OC and GC’s counsel of record, all of the following: (a) a fully executed copy of this Agreement, (b) executed W-9(s) by and on behalf of the payee(s) of the settlement amount, (c) as a contingency only to the payment of the $748,000 amount due to Shorecliffs Conservancy, as addressed in the next paragraph below, documents evidencing that Shorecliffs Conservancy has been duly formed as a California non-profit public benefit corporation, is qualified to hold endowments pursuant to California Government Code sections 65965-65968, and has applied for and been issued a determination letter by the U.S. Internal Revenue Service or from the state Franchise Tax Board stating that it is exempt from California franchise and income tax (California Revenue and Taxation Code Section 23701), and (d) a copy of plaintiffs’ executed Request for Dismissal with prejudice of the entire action has been delivered via email to City’s counsel of record Mitch Dean at [email protected] and to Scott Noya at [email protected].

In further consideration of the terms and conditions set forth in this Agreement, City, or through CJPIA, shall pay the total not to exceed sum of Seven Hundred Forty Eight Thousand Dollars ($748,000.00), in the form of drafts or checks payable to the “Shorecliffs Conservancy” in connection with, and satisfaction of, the endowment requirement to fund long-term maintenance obligations of the Conservation Easements (described below), and said payment shall be delivered to Shorecliffs Conservancy within thirty (30) days of receipt of the items listed in the immediately 143
Settlement Agreement – George Zeber, OC RE-HAB 1, LLC, and GC-8 LLC v. City of San Clemente Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC

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preceding paragraph above. As provided in the Conservation Easements, if additional funding is subsequently required for long term habitat maintenance, plaintiffs OC and GC shall timely submit to Shorecliffs Conservancy any additional amount reasonably necessary to maintain sufficient funds in the endowment as determined by Shorecliffs Conservancy in its sole discretion.

Plaintiffs OC and GC will file the Request for Dismissal with prejudice of the entire action within three (3) court days of plaintiff’s counsel’s prompt confirmation of receipt of the settlement draft/check and will promptly provide a conformed copy upon entry of the dismissal to all Parties.

For plaintiffs’ internal purposes only, and not as a fact to which City and/or CJPIA stipulate, plaintiffs OC and GC state the settlement payments are made to compensate OC and GC for claims to damage to their property, not for replacement of income, and OC and GC further allocate the settlement payment from City as follows: (1) OC Re-Hab $2,400,000 (Two Million Four Hundred Thousand Dollars), and (2) GC-8 $1,100,000 (One Million One Hundred Thousand Dollars).

4. Terms and Conditions for Satisfaction of Release Obligations and Project Completion Tasks.

This Agreement, and City/CJPIA’s obligations for payment of the settlement amount to OC and GC, is conditioned on satisfaction of all remaining Release obligations and completion of the Project tasks pursuant to the Release and in compliance with the CCC permit special conditions imposed on April 16, 2021, as amended by that CCC permit amendment approval issued on February 10, 2022, final documentation of satisfaction of said conditions and completion obligations is as follows:

A. Issuance and maintenance of all permits and compliance with all conditions established by regulatory agencies for the Project, including by Fish & Wildlife, US Army Corp of Engineers, State Regional Water Quality Control Board, Caltrans, and CCC.

B. Release Section II.G.2, which requires restoration of the Shorecliffs Golf Course to include the restoration contained within the Restoration, Mitigation, Monitoring, and Maintenance Plan (“RMMMP”). OC and GC acknowledge City and/or CJPIA has satisfied the obligation to pay the costs for the restoration work, and all Parties agree that the work is now completed, all payments for the restoration work have been made, and there are no other outstanding costs claimed by any Party.

C. Release Section II.C.1 and the Independent Contractor Agreement for Construction Management require completion of storm drain improvements that lie within the boundaries of the Project and approval by the City Engineer of Record as reflected in the approved As-Built Plans dated February 9, 2024, which are on file with the City.

D. Release Section II.C.1 and the Independent Contractor Agreement for Construction Management require completion of storm drain improvements that lie within the boundaries of Caltrans (State of California Department of Transportation) right-of-way, which required permits and approvals of Caltrans, including approval of a Caltrans encroachment permit.

The encroachment permit work has been completed and the permit has been finaled by Caltrans. 144
Settlement Agreement – George Zeber, OC RE-HAB 1, LLC, and GC-8 LLC v. City of San Clemente Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC

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E. Release Section II.C.1 and the Independent Contractor Agreement for Construction Management, which requires OC to obtain and record a permanent easement by the vested title owners of the property located at 424 Via Alegre, City of San Clemente, California, in favor of and in a form acceptable to City for drainage, and Release Sections IV.H., IV.S, and IV.T, which require OC and GC to dedicate and record a permanent easement in favor of the City for the storm drain facility and access road rights, and a permanent easement for associated improvements on the portion of land between OC and GC’s golf course property and Caltrans right-of-way property. The Parties agree these obligations are deemed satisfied by executing, delivering, and recording the following three (3) permanent easement deeds, subject to final City Council action to deem the Project complete and authorize execution and acceptance of the easements:
(i) Permanent easement deed by Donald Aaron Lancaster and Erika Danielle Young, husband and wife as joint tenants, as grantors, to City and OC as grantees, for the operation, maintenance, access, repair, and, when necessary, replacement of the drainage facilities constructed as part of the slope repair Project and partially located within the real property identified as Orange County APN 691-031-14, commonly known as 424 Via Alegre, San Clemente, California, in a form substantially similar to that attached hereto as Exhibit 1;
(ii) Permanent easement deed by OC as grantor in favor of the City as grantee for the operation, maintenance, access, repair, and, when necessary, replacement of the drainage facilities constructed as part of the slope repair Project and partially located within the real property identified as Orange County APN 691-021-01, in a form similar to that attached hereto as Exhibit 2; and
(iii) Permanent easement deed by OC as grantor in favor of the City as grantee for the operation, maintenance, access, repair and, when necessary, replacement of the drainage facilities constructed as part of the slope repair Project and partially located within the real property identified as Orange County APN 691-021-02, in a form substantially similar to that attached hereto as Exhibit 3.

F. Release Section IV.J. requires OC to record certain Hillside Disclosure and Maintenance Agreements. OC and GC acknowledge that on August 31, 2023, City (through attorney Ed Richards) sent to the affected homeowners certified mail letters (with proof of mailing) requesting notary acknowledged signatures on the included “Hillside Disclosure and Maintenance Agreement” but as of the effective date of this Agreement no homeowners have responded or complied and none of the Hillside Disclosure and Maintenance Agreements have been recorded.

The Parties agree, as between the Parties hereto only but not including the affected homeowners who have not complied, Release Section IV.J is deemed fully satisfied by City’s mailing of the letters, copies of which are attached hereto as Exhibit 4. 145
Settlement Agreement – George Zeber, OC RE-HAB 1, LLC, and GC-8 LLC v. City of San Clemente Orange County Superior Court Case No. 30-2021-01191580-CU-EI-CXC

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San Clemente City CouncilApril 16, 2024

San Clemente City Council
April 16, 2024