Agenda packet — San Clemente City Council, May 7, 2024 (part 1 of 2)

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
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, May 7, 2024
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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 Regular Meeting Agenda May 7, 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 (5:00 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No.
30-2024-01371169-CU-WM-CXC
B. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Administrative Services Director Unrepresented employees: All Employees
Employee Organization: San Clemente City Employees Association C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code Section 54956.8 regarding:

Real Property Negotiations: APN 988-393-01 and 692-393-01 Property: 1100 North El Camino Real
City Negotiators: Andy Hall, City Manager
Negotiating Parties: Novella Royale
Under Negotiations: Price and terms
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Pastor John Randall, Calvary South OC

PLEDGE OF ALLEGIANCE

ROLL CALL

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2 City Council Regular Meeting Agenda May 7, 2024

1. Special Presentations
A. MAYOR'S SPECIAL RECOGNITION
Mayor Cabral and the City Council would like to recognize the following:
· Councilmember Loeffler on his 50th anniversary of being sworn is as a Los Angeles Police Officer.
· Teacher Appreciation week: May 6-10, 2024.
· Asian American and Pacific Islander Heritage Month.

B. 2024 WALL OF RECOGNITION HONOREE
Staff Recommendation
Adopt Resolution No. 24-64 which will:

1. Approve the selection for the 2024 Wall of Recognition Recipients, A. John Dorey and Dick Veale.

2. Authorize the Mayor to present the honorees with certificates of recognition.

C. DONATION ACCEPTANCE - FRIENDS OF SAN CLEMENTE BEACHES, PARKS & RECREATION FOUNDATION 2024 DONATION
Staff Recommendation
Adopt Resolution No. 24-65 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ACCEPTING THE 2024

DONATION FROM THE FRIENDS OF SAN CLEMENTE BEACHES, PARKS & RECREATION FOUNDATION.

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

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3 City Council Regular Meeting Agenda May 7, 2024

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. NINTH PUBLIC HEARING AND ADOPTION (SECOND READING) OF AN

ORDINANCE FINALIZING THE DISTRICT MAP TO BRING THE PIER BOWL COMMUNITY OF INTEREST INTO ONE DISTRICT (DISTRICT 3)
Ninth Public Hearing pursuant to Elections Code Section 10010 and Government Code Section 34886 to adopt 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.

2. Conduct the second reading and adopt 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).
7B. PUBLIC HEARING ON CONDUIT FINANCING FOR THE MENDOCINO AT

TALEGA I APARTMENTS AFFORDABLE HOUSING PROJECT
A continued public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $25,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, rehabilitation, improvement and equipping of Mendocino at Talega I, a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California; and (2) pay certain expenses incurred in

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4 City Council Regular Meeting Agenda May 7, 2024
connection with the issuance of the Bonds. The facilities are to be owned by Amistad Housing Partners I LP (the "Borrower") or a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner.

Staff Recommendation

1. Conduct the public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”), hear public testimony and comment, and close the public hearing.

2. Adopt Resolution No. 24-66 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY

EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL

PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF

MENDOCINO AT TALEGA I AND CERTAIN OTHER MATTERS RELATING THERETO.
7C. PUBLIC HEARING ON CONDUIT FINANCING FOR THE MENDOCINO AT

TALEGA II APARTMENTS AFFORDABLE HOUSING PROJECT
A continued public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $15,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, rehabilitation, improvement and equipping of Mendocino at Talega II, a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Amistad Housing Partners II LP (the "Borrower") or a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner.

Staff Recommendation

1. Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (the “Code”), hear public testimony and comment, and close the

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5 City Council Regular Meeting Agenda May 7, 2024
public hearing.

2. Adopt Resolution No. 24-67 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY

EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL RENTAL

PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$15,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF

MENDOCINO AT TALEGA II AND CERTAIN OTHER MATTERS RELATING THERETO.

8. Unfinished Business
None

9. New Business
9A. CONSIDERATION OF A 50-YEAR TIME CAPSULE IN CITY HALL COUNCIL

CHAMBERS PROPOSED BY THE SAN CLEMENTE HISTORICAL SOCIETY Staff Recommendation
Provide direction regarding the use of City Hall Council Chambers for a 50-year time capsule.
9B. CONSIDERATION OF A RESOLUTION TO ADOPT A RECOMMENDATION

OF THE PUBLIC SAFETY COMMITTEE AND INITIATE AN ORDINANCE TO

AMEND THE SAN CLEMENTE MUNICIPAL CODE TO INCLUDE ADDITIONAL

REGULATIONS ON THE USE AND ENFORCEMENT OF ELECTRIC

BICYCLES
Public Safety Committee Recommendation
Adopt Resolution No. 24-68 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE PUBLIC SAFETY COMMITTEE’S RECOMMENDATION TO INITIATE AN ORDINANCE

TO AMEND THE SAN CLEMENTE MUNICIPAL CODE TO INCLUDE

ADDITIONAL REGULATIONS ON THE USE AND ENFORCEMENT OF
ELECTRIC BICYCLES.
9C. CONTRACT AWARD - PHASE 1 OF REESTABLISHING A SAND

COMPATIBILITY AND OPPORTUNISTIC USE PROGRAM (SCOUP)
Staff Recommendation
Adopt Resolution No. 24-69, which will:

1. Award a professional services agreement to Coastal Frontiers Corporation, who is teamed with Moffat & Nichol and Merkel & Associates, to provide technical assistance to the City in support of

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6 City Council Regular Meeting Agenda May 7, 2024
the re-establishment of the Sand Compatibility and Opportunistic Use Program (SCOUP) Phase 1.

2. Approve, and authorize the City Manager to execute, Contract No.

C24-22, by and between the City of San Clemente and Coastal Frontiers Corporation, providing for technical assistance for the re-establishment of the Sand Compatibility and Opportunistic Use Program (SCOUP) Phase 1, in an amount not to exceed $178,449 for Phase 1 (Attachment 3).
9D. REVIEW OF CITY COUNCIL AGENDA TEMPLATE WITH CONSIDERATION

OF MOVING COUNCILMEMBER REPORTS
Staff Recommendation
If the City Council determines to re-organize the agenda template to have Councilmember Reports follow Oral Communications Part 1, direct the City Clerk to update the agenda template accordingly.

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 CITY COUNCIL SPECIAL AND REGULAR MEETING MINUTES OF APRIL 16, 2024.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF JANUARY 22, 2024.
(2) INVESTMENT ADVISORY COMMITTEE REGULAR MEETING
MINUTES OF JANUARY 29, 2024.
(3) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF FEBRUARY 5, 2024.
(4) INVESTMENT ADVISORY COMMITTEE SPECIAL MEETING MINUTES OF FEBRUARY 12, 2024.
(5) BEACHES, PARKS & RECREATION COMMISSION SPECIAL MEETING MINUTES OF FEBRUARY 12, 2024.

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7 City Council Regular Meeting Agenda May 7, 2024
(6) BEACHES, PARKS & RECREATION COMMISSION REGULAR
MEETING MINUTES OF FEBRUARY 13, 2024.
(7) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
MARCH 26, 2024.
(8) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF
APRIL 9, 2024.
(9) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES
OF APRIL 10, 2024.
(10) PLANNING COMMISSION REGULAR MEETING MINUTES OF APRIL 17, 2024.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3025 THROUGH 3026 AND WARRANT NOS.
595334 THROUGH 595506, PAID ON
3-29-24, IN THE AMOUNT OF $1,372,424.48
(2) APPROVE WIRE TRANSFER NOS.
3027 THROUGH 3032 AND WARRANT NOS.
595507 THROUGH 595717, PAID ON
4-5-24, IN THE AMOUNT OF $5,336,886.33
(3) APPROVE WARRANT NOS. 595718
THROUGH 595854, PAID ON 4-12-24,
IN THE AMOUNT OF $1,608,932.97
(4) APPROVE WIRE TRANSFER NOS.
3033 THROUGH 3039 AND WARRANT NOS.
595855 THROUGH 595986, PAID ON
4-19-24, IN THE AMOUNT OF $1,202,197.12
TOTAL WARRANT REGISTER $9,520,420.90

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8 City Council Regular Meeting Agenda May 7, 2024
Payroll Register
WARRANT NO. 931, AUTOMATIC
DEPOSIT ADVISES 93018 THROUGH
93343, FOR THE PERIOD 3-18-24
THROUGH 3-31-24, PAID ON 4-5-24,
IN THE AMOUNT OF $478,984.30
AUTOMATIC DEPOSIT ADVISES 93344
THROUGH 93670, FOR THE PERIOD
4-1-24 THROUGH 4-14-24, PAID
ON 4-19-24, IN THE AMOUNT OF $492,308.70
TOTAL PAYROLL REGISTER $971,293.00
10D. CONSIDERATION OF A LETTER IN OPPOSITION TO ASSEMBLY BILL 1886 (ALVAREZ) - HOUSING ELEMENT LAW; SUBSTANTIAL COMPLIANCE:

HOUSING ACCOUNTABILITY ACT
Staff Recommendation
Adopt Resolution No. 24-70 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE A LETTER IN OPPOSITION TO ASSEMBLY BILL 1886 (ALVAREZ) AND CAUSE THE DELIVERY OF SAID LETTER TO THE CHAIR OF THE CALIFORNIA STATE ASSEMBLY’S LOCAL GOVERNMENT
COMMITTEE.
10E. CONSIDERATION OF AUTHORIZING AN ORANGE COUNTY
TRANSPORTATION AUTHORITY (OCTA) PROJECT X TIER 1 GRANT
SUBMITTAL AND A 20% MATCH FOR THE EL CAMINO REAL CORRIDOR

RUNOFF TREATMENT PROJECT
Staff Recommendation
Adopt Resolution No. 24-71 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING AN APPLICATION FOR FUNDS FOR THE
ENVIRONMENTAL CLEANUP, TIER 1 GRANT PROGRAM UNDER
ORANGE COUNTY LOCAL TRANSPORTATION ORDINANCE NO. 3 FOR
THE EL CAMINO REAL CORRIDOR RUNOFF TREATMENT PROJECT.

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9 City Council Regular Meeting Agenda May 7, 2024

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

12. Future Agenda Items

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

14. Adjournment
Adjourn to an Adjourned Regular Meeting to be held on May 14, 2024 at 4:00 p.m. for the purpose of conducting the 2024-2026 Budget Workshop. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

The next Regular City Council Meeting is scheduled to take place on May 21, 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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10 City Council Regular Meeting Agenda May 7, 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 are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

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

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

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

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

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

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

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11 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 7, 2024 Agenda Item: A.
12 910 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: May 7, 2024 Agenda Item: B.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
2024 WALL OF RECOGNITION HONOREE ..body
Fiscal Impact:

None.

Summary:

The “Wall of Recognition” is dedicated to those individuals who, through their contributions and selfless efforts, have made the City of San Clemente a better place to live, work, and play. The recipients are nominated by citizens/civic organizations as individuals who have gone the extra mile for San Clemente and selected by prior honorees. The Wall of Recognition Committee recommends that City Council approve and honor the selection of A. John Dorey and Dick Veale for the 2024 Wall of Recognition honorees. The nominations are included in Attachment 2 & 3.

Background:

In 1994, City Council approved the creation of the Wall of Recognition designed to honor individuals who have dedicated their time to improving the quality of life for the residents and visitors of the City of San Clemente (Attachment 2 & 3). The “Wall of Recognition” is located in the lobby at the Community Center and includes a plaque recognizing each recipient.

Annually, residents and community-based service organizations submit nominations for the Wall of Recognition selection process. The selection committee is composed of a representative from the City Council, Beaches, Parks and Recreation Commission, Human Affairs Committee, and past recipients of this prestigious award (Attachment 4).

The individuals selected for the 2024 honor have been involved in San Clemente for several decades and their volunteer service has extended into several local civic and non-profit organizations. John and Dick have been ardent champions for youth and family programming in San Clemente. John served on the Beaches, Parks and Recreation Commission for multiple terms, and Dick served on the Golf Committee for 30 years.

Council Options:
 Adopt Resolution 24-64, which will approve the selection for the 2024 Wall of Recognition recipients, A. John Dorey and Dick Veale; and authorize the Mayor to present the honorees with a certificate of recognition.
 Modify and adopt Resolution 24-64.
13 Meeting Date: May 7, 2024 Agenda Item: B.

CITY OF SAN CLEMENTE 2
 Continue the item with direction to staff for additional information.

Environmental Review/Analysis:

This activity is not subject to California Environmental Quality Act (“CEQA”); pursuant to CEQA Guidelines Section 15060(c)(2), an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-64 which will:

1. Approve the selection for the 2024 Wall of Recognition recipients, A. John Dorey and Dick Veale; and

2. Authorize the Mayor to present the honorees with certificates of recognition. ..end
Attachment:

1. Resolution No. 24-64

2. Background information/Nomination Form – A. John Dorey

3. Background information/Nomination Form – Dick Veale

4. Wall of Recognition Summary Policy

5. Wall of Recognition Honor Roll
Notification:

Wall of Recognition Committee
14 Attachment 1
RESOLUTION NO. 24-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AND
HONORING THE 2024 WALL OF RECOGNITION NOMINEES
WHEREAS, in 1994, the City Council approved the establishment of the “Wall of Recognition” (“WOR”) designed to honor individuals who have dedicated their time to improving the quality of life for the residents and visitors of San Clemente; and WHEREAS, the program is guided by Policy No. 103-2-1; and WHEREAS, per policy, nominations are open annually for a pre-determined period, allowing for local service organizations and groups of community members, alike, to submit citizen nominations; and
WHEREAS, the WOR Committee, comprised of a representative from the City Council, Beaches, Parks and Recreation Commission, Human Affairs Committee, and past recipients of this prestigious award met on April 23, 2024 to review the nominations and provide a recommendation for a new recipient; and
WHEREAS, at its selection meeting, the WOR Committee unanimously agreed to recommend A. John Dorey and Dick Veale as the 2024 Wall of Recognition honorees based on their commitment to several service organizations in the community, acting in many capacities both as a volunteer and a board member in many cases. John and Dick have each organized, volunteered, and assisted with major fundraising activities directly benefitting the community’s youth and families through organizations that have been affiliated in San Clemente throughout the years.

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

Section 1. That the foregoing recitals shall be and are hereby fully incorporated into this Section 1 as if said recitals were fully set forth herein.

Section 2. That A. John Dorey and Dick Veale are hereby approved as the 2024 Wall of Recognition honorees.

Section 3. That the Mayor is hereby authorized to present Mr. Dorey and Mr. Veale each with a certificate of recognition as the 2024 Wall of Recognition honorees.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
15 Resolution No. 24-64 Page 2
PASSED AND ADOPTED this _____ day of ____________________, _______.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-64 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
16 1
Stivers, Maile
From: [email protected]
Sent: Tuesday, February 20, 2024 3:35 PM
To: Stivers, Maile; Wylie, Samantha
Subject: City of San Clemente, CA: WALL OF RECOGNITION NOMINATION A new entry to a form/survey has been submitted.

Form Name:

Date & Time:

Response #:

Submitter ID:

Wall of Recognition Nomination 2024
02/20/2024 3:34 PM
3 28535
Time to complete: 58 min. , 10 sec.

Survey Details

Page 1 ends

1. Nominee Information:

Name of Nominee: A John Dorey
Nominee Address: 2312 Plaza de la Playa, San Clemente, CA 92672 Nominee Age: 70
Length of time nominee
has resided in San
Clemente:
30 years

2. Sponsor Type:
(○) Non‐Profit Organization

3. Sponsor Information:

If sponsor is non‐profit
organization,
organization name:

Friends of San Clemente Foundation
If sponsor is consensus, name of sponsoring individuals (minimum of 10) whose primary residences are in the City of San Clemente:

Not answered
Contact Person: Rick Loeffler
Address:

Phone Number:

E‐Mail Address:

4. Service to the Community:

Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services. • 1998‐2008: DeRail the Trail Co‐Founder and President
John was co‐founder and president of DeRail the Trail. He coordinated the design with numerous agencies and was able to ATTACHMENT 2
17 2
have a natural trail built instead of a paved one. He helped bridge the gap between the community and the City to help coordinate, design and negotiate the final plans and authorizations needed from the different Rail Authorities to complete its construction in 2008. The trail is the second most favorite attraction in San Clemente (behind the pier). • 2008‐2016: Quiet Zone Task Force
From 2008‐2016 John worked on the City’s Quiet Zone until it was successfully implemented. The Quite Zone initiative led to protect residents in the railroad zone from excessive decibel levels created by train alert horn blowing. • 2008 – Present: Board of Director Friends of San Clemente Foundation John joined the Friends Foundation Board in 2008 and during that time he has served 4 years as Vice President and 4 years as President. He has successfully chaired both the Golf Tournament and Carnival Colossal numerous years. For several years, John Dorey led and assisted the foundation which has contributed approximately $675,000 to the City of San Clemente.

Some of the programs the Friends Foundation contributes to are: Scholarships for kids such camperships, swim lessons, Fun on the Run Mobile Van, Springtacular, Summer Concerts, Santa's Village and Snow Hill, and SC Skate Contest * 2014 to Present General Plan Advisory Task Force
John was one of twenty‐four (24) hard‐working residents of San Clemente assisting in the General Plan for the City of San Clemente. California Government requires cities and counties to have a General Plan. This project led to the creation of the Centennial General Plan. This was an impressive contribution to the City and its future. A General Plan is a comprehensive long‐term policy document that sets goals (what we want to achieve) and policies (how we accomplish goals) for achieving a City’s Vision.
• 2016‐2022: Beaches, Parks, and Recreation Commission
John was selected by the San Clemente City Council to be on the Commission. John spent multiple hours working on the Parks and Recreation Commission.
• 2013 – Present: Sports Wall of Fame Chair
John has Chaired the annual Sports Wall of Fame since 2013. John and the Committee have awarded 29 outstanding local athletes to the SWOF. The annual SWOF event has honored outstanding athletes in surfing, football, basketball, sports journalist, coaches, and more. The event is well attended by in town and out of town guest.

A description of why the services provided by the nominee were of value to the community and why the sponsor considers the nominee to be ideal for the Wall of Recognition. The sponsor shall be responsible to verify the accuracy of the information provided.

John Dorey's leadership services provided outstanding value to the community. His leadership with DeRail the Trail produced a beach trail that is used by San Clemente residents and millions of visitors and vacationers coming to San Clemente. John and the committee worked very hard over several years to create the kind of beach trail that was safe and beautiful for all.

John also worked very hard with the Quiet Zone Committee to silence or at least reduce the volume of warning sounds coming from passing trains. This was a significant milestone for San Clemente for of a quieter, more peaceful experience for residents and visitors of this beautiful, scenic and natural stretch of San Clemente’s coast.

John is not only an outstanding leader, but he also works incredible hard at making sure every detail is taken care of at hthe events. From serving popcorn for the Friends of San Clemente events (Springtacular, Cinco de Mayo, Santa's Snow Hill), cleans tables and chairs at the Carnival Colossal, puts up golf tee signs and popup tents for the Friends Foundation Golf Tournament, hangs banners, just to name a few things.

5. Additional Comments (optional):
18 3
John Dorey has spent the last 26 years giving his time, energy and experience to the improvement of the City of San Clemente. The hours John has given to the projects he's worked on are invaluable. Beginning is 1998 with the Coastal Trail (DeRail the Trail) until today, still active on the Friends of San Clemente Foundation Board and the Sports Wall of Fame, he has worked very hard on all the projects he commits to.

The San Clemente Wall of Recognition has many great names on the wall, all have given so much to the City of San Clemente, and it would be fitting to include John Dorey with the prestigious group of individuals.

Thank you,
City of San Clemente, CA
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19 2022 Nomination
1 Nominee Information:

Name of Nominee: Dick Veale
Nominee Address: 703 Avenida Columbo
Nominee Age: 77
Length of time nominee has resided in San Clemente: 47
2 Sponsor Type:

Non-Profit Organization
3 Sponsor Information:

If sponsor is non-profit organization, organization name: Family Assistance Ministries (FAM)
If sponsor is consensus, name of sponsoring individuals (minimum of 10) whose primary residences are in the City of San Clemente: Not answered Contact Person: Elizabeth Andrade
Address: 1030 calle negocio
Phone Number: 7147212254
E-Mail Address: [email protected]
4 Service to the Community:

Boys & Girls Club of San Clemente - 31 years on the Board including one year in 1994 as President. Worked on various committees and started and chaired the Golf tournament for 23 years. (Approximate hours over two decades approximating 100 hours per year and that is 2300 hours).

Member of San Clemente Golf Commission for 30 years. (700 hours) Beach and Parks Foundation (150 Hours)
Started and chaired the Mary Erickson Foundation Golf Tournament for 3 years. (125 hours)
Family Assistance Ministries Board Member since 2013. Board President 2018- 2021. (Approximate hours 1800).

A description of why the services provided by the nominee were of value to the community and why the sponsor considers the nominee to be ideal for the Wall ATTACHMENT 3
20 2022 Nomination
of Recognition. The sponsor shall be responsible to verify the accuracy of the information provided. For the past 47 years Dick has given his time, talent and treasure to the community of San Clemente by making San Clemente a more enjoyable place to live, work and play. Through his leadership in the beginning years of the Boys and Girls Club he was an instrumental pioneer force that helped thousands of children reach their full potential. He was responsible for starting and running the annual Golf tournament that has raised hundreds of thousands of dollars throughout the years.

Dick's expertise in golf and his leadership skills have helped the San Clemente Golf Commission and the Beach and Parks Foundation to fulfill their mission in helping to make S.C. a place where residents are proud of San Clemente's parks and recreation activities and facilities.

DIck's Family Assistance ministries contributions include his leadership role in the 2017 founding of the first Family emergency shelter in South Orange County where homeless single dads, dual parent households, pregnant woman and children have found safe shelter. Last year FAM helped over 42,000 clients, distributed 5 million pounds of food and dispersed $500k in client aid. Through the pandemic Dick's leadership at FAM helped the city of S.C. reach hundreds of clients that needed COVID relief funds and counseling not to mention school backpacks, Christmas Adopt a Family, Turkey giveaways, etc.
5 Additional Comments (optional):

Not answered
21 CITY OF SAN CLEMENTE

WALL OF RECOGNITION
(Summary of Policy)
In recognition of the outstanding efforts of individuals who dedicate time and effort to the betterment of the community, the City of San Clemente has established a Wall of Recognition, located in the lobby of the Community Center, 100 North Calle Seville. The contributions and selfless efforts of these individuals have made the City of San Clemente a more productive and enjoyable place to live, work and play.

In February of each year, the City accepts nominations, from non-profit organizations or groups consisting of 10 or more individuals, of any person who meets the qualifications, as listed below, to be recognized on the Wall of Recognition. A review committee, comprised of a representative of the City Council, the Beaches, Parks and Recreation Commission, the Human Affairs Committee, City staff, and past recipients of the award reviews the applications and makes a recommendation to City Council. The recipient chosen is permanently honored on the Wall with a plaque describing the contributions of the individual.

Guidelines for Sponsorship
In order for a nominee to be considered for the Wall of Recognition, he/she must be sponsored by a group in the following manner:
a. Non-Profit Organization: The nominee is sponsored by an organization registered with the State of California as a not-for-profit community organization, exempt under Section 501 (c) (3) of the Internal Revenue Code; or b. Consensus: The nominee is sponsored by a minimum of 10 individuals whose primary residences are in the City of San Clemente.

Qualifications of the Nominee to be Recognized on the Wall of Recognition a. The nominee must be a resident (primary residence) of the City of San Clemente for a minimum of 10 years.
b. Service to the community must have been performed in the City or can be adequately shown to have directly benefited the City.
22 Wall of Recognition Policy

Page 2 ends

Submittal Requirements
The following items shall be included in the request to recognize a nominee on the Wall of Recognition. The request shall be limited to one (1) single-sided 8 1/2" by 11" typewritten page.
a. Name, address and age of individual nominated.
b. Name and address of the sponsor(s) and the name and address of the contact person who will represent the sponsor. Only one individual shall be listed as the contact person. For nominees being sponsored by a consensus group, the list of sponsoring individuals can be submitted on a separate sheet of paper. c. Length of time the nominee has resided in the City (primary residence). d. Services provided by the nominee that benefited the community and length of time they were provided. Estimate the number of hours the nominee spent in the provision of these services.
e. A description of why the services provided by the nominee were of value to the community and why the sponsor considers the nominee to be ideal for the Wall of Recognition. The sponsor shall be responsible to verify the accuracy of the information provided.

Application Deadline
Written nominations may be submitted to the Beaches, Parks and Recreation Department, 100 N.

Calle Seville, San Clemente, CA 92672. The deadline for submittals is 5:00 p.m. on the last Thursday of February each year. Submittals received after the deadline will be returned to the sponsor unopened.

Should you need further clarification regarding qualification and submittal requirements, please call the Beaches, Parks and Recreation Department at (949) 361-8237. 23 Wall of Recognition Honorees
1995 Max Berg
Leo F. Fessenden
Anthony R. “Tony” DiGiovanni
William A. “Mac” McGilligan
Richard Thomas Steed
Arlie Waterman
1996 Don R. McCanne, M.D.

Lee Steelman
1997 Dorothy Fuller
1998 Jan Sener
1999 R. Stan Manning
Eleanor Yutzi
2000 Dick Arons
Peggy Stroud
2001 Ralph Klaasen
2002 Woodrow “Woody” Chesney Stingley
2003 Wilma Bloom
2004 Jim Johnson
2005 Julie DiGiovanni
2006 Richard “Rod” Rodriguez
Agnes Nesbitt
2007 Pete McKenzie
Jim Holbert
2008 Rex Tyner
2009 Ann Hansen and Don Hansen
2010 Bertha Henry Taylor
2011 Joe Anderson & Mary Anna Anderson
2012 Dr. William “Bill” Thomas
2013 Tony Carbonara
2014 Ruth DeNault
2015 Betty Limberg
Jim Nielsen
2016 Robert “Bob” Hayden
2017 Gus Gialamas, MD
Peggy Vance
2018 Lou Leto
2019 Lori Donchak
2020
2021
2022
Ed Stewart
Fred Swegles
Don Brown
Don Glasgow
Lisa Spinelli
2023 Beth Apodaca
ATTACHMENT 5
24 910 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: May 7, 2024 Agenda Item: C.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
DONATION ACCEPTANCE – FRIENDS OF SAN CLEMENTE BEACHES, PARKS & RECREATION FOUNDATION 2024 DONATION
..body
Fiscal Impact:

Accepting this donation will support Recreation Division events and programs in the amount of $39,450 and it will replenish the Recreation Scholarship Fund with $18,000.

Summary:

The Friends of San Clemente Beaches, Parks and Recreation Foundation (“Friends”), a nonprofit 501c3, was formed in 2000 to support the City of San Clemente Beaches, Parks and Recreation Department’s efforts in providing quality programs and services. They have made substantial financial contributions to community facilities, programs, and events. Since 2014, the City Council has supported a formal partnership agreement between the City and Friends. Part of this agreement requires that the Friends donate a minimum of 75% of its total annual net profits, or a minimum of $30,000 per year to the City in order to receive fee waivers and staff support. For the 2024 calendar year, the Friends Board of Directors has approved a donation of $57,450 towards services and programs offered through the Beaches, Parks & Recreation Department.

Background:

The following table provides an itemized breakdown of the 2024 contributions.

Events 2024
SC Open Skate Contest – Judges $1,200
Santa’s Village – Snow Hill $6,000
Sunsets with Santa $750
Summer Concerts & Movies Series $14,000
Springtacular – Egg Hunt $3,500
Monster Dash $2,500
National Night Out $1,000
Island Nights - NEW $500
Subtotal $29,450
Events
City Programs (All Ages) $6,000
Camper-ships
(Summer/Spring Camps only, youth) $12,000
Subtotal $18,000
25 Meeting Date: May 7, 2024 Agenda Item: C.

CITY OF SAN CLEMENTE 2
Events
Fun on the Run Mobile Recreation $8,000
SC Social (Middle School Programming) $2,000
Subtotal $10,000
GRAND TOTAL $57,450
Council Options:
 Adopt Resolution 24-65, which will accept the 2024 donation of $57,450 from the Friends of San Clemente Beaches, Parks & Recreation Foundation.
 Modify and adopt Resolution 24-65.
 Continue the item with direction to staff for additional information.

Environmental Review/Analysis:

This activity is not subject to the California Environmental Quality Act (“CEQA”); pursuant to CEQA Guidelines Section 15060(c)(2), an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060).

Recommended Actions:

Staff Recommendation ..recommendation
Staff Recommends that the City Council Adopt Resolution No. 24-65, which will accept the 2024 donation of $57,450 from the Friends of San Clemente Beaches, Parks & Recreation Foundation. ..end
Attachment:

1. Resolution No. 24-65
Notification:

Friends of San Clemente Beaches, Parks & Recreation Foundation 26 ATTACHMENT 1
RESOLUTION NO. 24-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ACCEPTING THE 2024

DONATION FROM THE FRIENDS OF SAN CLEMENTE

BEACHES, PARKS & RECREATION FOUNDATION
WHEREAS, the Friends of San Clemente Beaches, Parks and Recreation Foundation (“Friends”), a non-profit 501c3, was formed in 2000 to support the City of San Clemente Beaches, Parks and Recreation Department’s efforts in providing quality programs and services; and
WHEREAS, since 2014, the City Council has supported a formal partnership agreement between the City and Friends. Part of this agreement requires that the Friends donate a minimum of 75% of its total annual net profits, or a minimum of $30,000 per year to the City in order to receive fee waivers and staff support; and WHEREAS, this contribution will greatly benefit our community by providing resources for the improvement of recreational opportunities and community access.

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

Section 1. The City Council gratefully accepts the 2024 donation of $57,450 from the Friends.

Section 2. The allocated funds shall be utilized to organize and execute diverse events, enhance existing programs, and provide scholarships to deserving families and individuals within the San Clemente community.

Section 3. The Beaches, Parks and Recreation Department is hereby authorized to oversee the distribution and utilization of these funds in alignment with the goals and objectives set forth by the City Council.

Section 4. The City Council extends its sincere appreciation to the Friends for their generous contribution and commitment to enriching the lives of our citizens.

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 ____________________, _______. 27 Resolution No. 24-65 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-65 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
28 910 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: May 7, 2024 Agenda Item: 7A.

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

NINTH PUBLIC HEARING AND ADOPTION (SECOND 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 a second reading and adoption 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 keeps 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, 29 Meeting Date: May 7, 2024 Agenda Item: 7A.

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. If the proposed Ordinance is adopted tonight (i.e., 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.
30 Meeting Date: May 7, 2024 Agenda Item: 7A.

CITY OF SAN CLEMENTE 3
Council Options:
 Adopt Ordinance No. 1775, which 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 conduct another first reading of a modified 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.

2. Conduct the second reading and adopt 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
31 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
32 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.
33 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
34 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
35 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
36 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 37
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: May 21, 2024 Agenda Item: 7A.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Administrative Services Director Subject:
..titl e

PUBLIC HEARING ON CONDUIT FINANCING FOR THE MENDOCINO AT TALEGA I APARTMENTS AFFORDABLE HOUSING PROJECT ..body
Fiscal Impact:

None. Conduit financing is a means for private nonprofit organizations to raise capital via taxexempt municipal bonds to fund or refinance large-scale projects that typically have a public benefit. The borrower (here, Amistad Housing Partners I LP) is solely responsible for making coupon payments to bondholders. There is no cost or financial liability to the City associated with the planned bond issuance.

Summary:

On June 6, 2001, the City entered into an affordable housing project agreement with the Jamboree Housing Corporation (Developer) for the development of 124 affordable housing rental units located at 123 Calle Amistad in San Clemente, which is known commonly as The Mendocino at Talega I Apartments (the Project). The original Project was completed in 2003.

The Developer has requested that the City conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) in connection with the proposed issuance of tax-exempt revenue bonds by the California Municipal Finance Authority (CMFA), in an amount not to exceed $25,000,000 (the Bonds), to enable the Borrower to refinance the Project. A TEFRA hearing is a public hearing required by the Internal Revenue Service (IRS) when a non-profit borrower intends to issue tax-exempt debt. The TEFRA hearing provides the public with an opportunity to comment on the use of tax-exempt bond proceeds by the specific borrowing institution (e.g., CMFA on behalf of the non-profit Borrower) to refinance their capital needs.

Following the public hearing, the City Council will consider a Resolution authorizing the CMFA to proceed with the financing transaction. Adoption of the attached Resolution is solely for the purpose of satisfying the requirements of TEFRA, Section 147(f) of the Internal Revenue Code of 1986 and the California Government Code Section 6500 (and following). All financial obligations of the bond issuance would be the responsibility of the Borrower.

Background:

CMFA is a joint powers authority and public entity in California. It was created on January 1, 2004 pursuant to a joint exercise of powers agreement between its member agencies to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California and with the issuance of taxable and tax-exempt 38 Meeting Date: May 21, 2024 Agenda Item: 7A.

CITY OF SAN CLEMENTE 2
bonds. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

In the anticipated transaction, CMFA is the bond issuer. The Bonds are to be issued for the benefit of Amistad Housing Partners I LP (the Borrower), a partnership of which JHC-Amistad LLC (a person related to the Developer) is the general partner. The Borrower has requested that CMFA serve as the municipal issuer of the tax-exempt revenue Bonds in an aggregate principal amount not to exceed $25,000,000. The proceeds of the Bonds will be used to refinance the existing multifamily rental housing project located at 123 Calle Amistad, San Clemente, California (The Mendocino at Talega I Apartments).

In order for all or a portion of the Bonds to qualify as tax-exempt, a public hearing (the “TEFRA Hearing”) must be held to provide the members of the community with an opportunity to speak in favor of or against the use of tax-exempt bonds for the re-financing of the Project. Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community.

Following the close of the TEFRA Hearing, an “applicable elected representative” of the governmental unit hosting the Project may provide its approval of the issuance of the Bonds for the re-financing of the Project, which would allow CMFA and the Borrower to proceed with the next steps in the transaction.

The Borrower has developed a comprehensive scope of work that addresses long term capital needs within the units and the building envelope. The proposed rehabilitation activities will include some units being converted to meet American Disabilities Act compliance. The combined rehabilitation budget of $14MM for both phases of the Talega projects will address the current property needs and position the properties to continue being an asset in the City of San Clemente.

Council Options:
 Adopt Resolution No. 24-66, which would give approval under Section 147(f) of the Internal Revenue Code for CMFA to issue bonds for the Borrower’s benefit.  Modify and adopt Resolution No. 24-66.
 Continue the item and instruct staff to bring back additional information.  Deny Resolution No. 24-66, which would require CMFA and the Borrower to seek approval from another governmental unit (like Orange County) before proceeding with the Bond issuance.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act. 39 Meeting Date: May 21, 2024 Agenda Item: 7A.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff Recommendation
..recommendation

1. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended, hear public testimony and comment, and close the public hearing.

2. Adopt Resolution No. 24-66, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF MENDOCINO

AT TALEGA I AND CERTAIN OTHER MATTERS RELATING THERETO
..end
Attachment:

1. Resolution No. 24-66
Notification:

California Municipal Finance Authority
Jamboree Housing Corporation
40 Attachment 1
RESOLUTION NO. 24-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000 FOR

THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND

EQUIPPING OF MENDOCINO AT TALEGA I AND CERTAIN

OTHER MATTERS RELATING THERETO
WHEREAS, Amistad Housing Partners I LP (the "Borrower") a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $25,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of San Clemente (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City of San Clemente (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, heard and considered all comment and testimony by the public at such hearing, and now desires to approve the issuance of the Bonds by the Authority.

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

Section 1. The foregoing recitals are true and correct and incorporated herein. 41 Resolution No. 24-66 Page 2
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.

Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.

Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby.

Section 6. This Resolution shall take effect immediately upon its adoption.

Section 7. 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
42 Resolution No. 24-66 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. 24-66 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
43 910 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: May 21, 2024 Agenda Item: 7B.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Administrative Services Director Subject:
..titl e

PUBLIC HEARING ON CONDUIT FINANCING FOR THE MENDOCINO AT TALEGA II APARTMENTS AFFORDABLE HOUSING PROJECT ..body
Fiscal Impact:

None. Conduit financing is a means for private nonprofit organizations to raise capital via taxexempt municipal bonds to fund or refinance large-scale projects that typically have a public benefit. The borrower (here, Amistad Housing Partners II LP) is solely responsible for making coupon payments to bondholders. There is no cost or financial liability to the City associated with planned bond issuance.

Summary:

On June 6, 2001, the City entered into an affordable housing project agreement with the Jamboree Housing Corporation (the Developer) for the development of 62 affordable housing rental units located at 123 Calle Amistad in San Clemente, which is known commonly as The Mendocino at Talega II Apartments (the Project). The original Project was completed in 2004.

The Developer has requested that the City conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) in connection with the proposed issuance of tax-exempt revenue bonds by the California Municipal Finance Authority (CMFA), in an amount not to exceed $15,000,000 (the Bonds), to enable the Borrower to refinance the Project. A TEFRA hearing is a public hearing required by the Internal Revenue Service (IRS) when a non-profit borrower intends to issue tax-exempt debt. The TEFRA hearing provides the public with an opportunity to comment on the use of tax-exempt bond proceeds by the specific borrowing institution (e.g., CMFA on behalf of the non-profit Borrower) to refinance their capital needs.

Background:

CITY OF SAN CLEMENTE 2
bonds. The CMFA’s representatives and its Board of Directors have considerable experience in bond financings.

In the anticipated transaction, CMFA is the bond issuer. The Bonds are to be issued for the benefit of Amistad Housing Partners I LP (the Borrower), a partnership of which JHC-Amistad LLC (a person related to the Developer) is the general partner. The Borrower has requested that CMFA serve as the municipal issuer of the tax-exempt revenue Bonds in an aggregate principal amount not to exceed $15,000,000. The proceeds of the Bonds will be used to refinance the existing multifamily rental housing project located at 123 Calle Amistad, San Clemente, California (The Mendocino at Talega II Apartments).

Council Options:
 Adopt Resolution No. 24-67, which would give approval under Section 147(f) of the Internal Revenue Code for CMFA to issue bonds for the Borrower’s benefit.  Modify and adopt Resolution No. 24-67.
 Continue the item and instruct staff to bring back additional information.  Deny Resolution No. 24-67, which would require CMFA and the Borrower to seek approval from another governmental unit (like Orange County) before proceeding with the Bond issuance.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act. 45 Meeting Date: May 21, 2024 Agenda Item: 7B.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff Recommendation
..recommendation

1. Conduct the public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended, hear public testimony and comment, and close the public hearing.

2. Adopt Resolution No. 24-67, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE ISSUANCE OF THE CALIFORNIA

MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF MENDOCINO AT TALEGA II AND CERTAIN OTHER MATTERS RELATING THERETO.
..end
Attachment:

1. Resolution No. 24-67
Notification:

California Municipal Finance Authority
Jamboree Housing Corporation
46 Attachment 1
RESOLUTION NO. 24-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE

ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE

AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED

RESIDENTIAL RENTAL PROJECT IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $15,000,000 FOR

THE PURPOSE OF FINANCING OR REFINANCING THE

ACQUISITION, REHABILITATION, IMPROVEMENT AND

EQUIPPING OF MENDOCINO AT TALEGA II AND CERTAIN

OTHER MATTERS RELATING THERETO
WHEREAS, Amistad Housing Partners II LP (the "Borrower"), a partnership of which Jamboree Housing Corporation (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $15,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, rehabilitation, improvement and equipping of a multifamily rental housing project located at 123 Calle Amistad, San Clemente, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by the City of San Clemente (the "City") because the Project is located within the territorial limits of the City; and WHEREAS, the City Council of the City of San Clemente (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" required to approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, heard and consider all comment and testimony by the public at such hearing, and now desires to approve the issuance of the Bonds by the Authority.

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

Section 1. The foregoing recitals are true and correct and incorporated herein. 47 Resolution No. 24-67 Page 2
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

Section 6. This Resolution shall take effect immediately upon its adoption.

Section 7. 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
48 Resolution No. 24-67 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. 24-67 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
49 910 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: May 7, 2024 Agenda Item: 9A.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e
CONSIDERATION OF A 50-YEAR TIME CAPSULE IN CITY HALL COUNCIL CHAMBERS PROPOSED ..body BY THE SAN CLEMENTE HISTORICAL SOCIETY
Fiscal Impact:

The costs to include locks on cabinets in Council Chambers, and create a display or plaque for a time capsule are unknown at this time, but estimated to be less than $1,000.

Summary:

The San Clemente Historical Society has requested the use of 3-4 cabinets located at the back of City Hall Council Chambers to serve as a 50-year time capsule. Staff is seeking direction from the City Council regarding this proposed use.

Background:

The San Clemente Historical Society has been collecting items from the community to be included in a 50-year time capsule. The contents of a previous time capsule, located on the grounds of the San Clemente Community Center, were severely damaged by water. As many of the items to be included in the proposed time capsule are paper documents, the Historical Society has proposed that a location at City Hall that is indoors and publicly visible would be ideal for the time capsule.

Several of the cabinets at the back of Council Chambers are not currently filled. To facilitate use as a time capsule, a unique lock could be applied to several cabinets with a small display and/or plaque describing the time capsule contained inside.

Staff is seeking direction from the City Council regarding this proposed use of City Hall Council Chambers.

Council Options:

Provide direction regarding the use of Council Chambers for a 50-year time capsule.

Environmental Review/Analysis:

This item is not a “project” pursuant to California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT the City Council provide direction regarding the use of City Hall Council Chambers for a 50-year time capsule.
..end
50 Meeting Date: May 7, 2024 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
Attachment:

None
Notification:

San Clemente Historical Society
51 910 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: May 7, 2024 Agenda Item: 9B.

Submitted By: Community Development
Prepared By: Danielle Sorahan, Code Compliance Manager
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ADOPT A RECOMMENDATION OF THE PUBLIC

SAFETY COMMITTEE AND INITIATE AN ORDINANCE TO AMEND THE SAN CLEMENTE

MUNICIPAL CODE TO INCLUDE ADDITIONAL REGULATIONS ON THE USE AND

ENFORCEMENT OF
..body ELECTRIC BICYCLES
Fiscal Impact:

There are fiscal impacts resulting from the cost for staff to draft an ordinance based on the Public Safety Committee’s proposed regulations. Drafting an ordinance will involve costs for staff time and legal counsel review, and such costs are estimated to be less than $15,000.

Summary:

The Public Safety Committee recommends that the City Council initiate a code amendment to develop a comprehensive ordinance to regulate the operation of electrical bicycles (e-bikes) throughout the City. This action would apply such regulations in addition to the regulations on ebikes currently contained in the San Clemente Municipal Code (SCMC), which are tailored to address the operation of e-bikes at City-beach areas and facilities. This recommendation aims to enhance public safety by regulating the use of e-bikes, in accordance with state regulations, and addressing specific community concerns in San Clemente.

Background:

San Clemente’s existing regulations, outlined in SCMC 12.32.130, govern the use of bicycles and electric bicycles, particularly focusing on areas such as the Pier, Beach Access Road, Beach, and Beach Trail. The code defines bicycles and e-bikes, including Class 1, 2, and 3 e-bikes, and sets forth areas where these can be used or are restricted. For instance, riding of bicycles is allowed on the Beach Trail but restricted on the beach itself and certain parts of the trail during peak times. E-bikes and other motorized devices are prohibited from operating on the beach and trail, ensuring safe and regulated use in these public spaces. Given the increasing popularity and evolving use patterns of e-bikes, there is a need to update these regulations to better address safety and integration into San Clemente's active community spaces.

Discussion:

The Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of their E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan. The Committee’s investigation and consideration of potential regulations, including the review of regulations adopted by other cities such as Carlsbad, Irvine, Huntington Beach and Laguna Niguel, occurred over many months and resulted in a proposal 52 Meeting Date: May 7, 2024 Agenda Item: 9B.

CITY OF SAN CLEMENTE 2
approved by the Committee at their meeting of March 26, 2024. The proposal is focused on the following key safety measures:
 Operator Age and Licensing: Prohibit e-bike operations during hours of darkness unless the operator is at least 18 years old or holds a valid driver’s license issued by any US State or Territory.
 Passenger Restrictions: Require operators to be at least 18 years old, or hold a valid stateissued driver’s license, to carry passengers on e-bikes.  Prohibited Actions: Prohibit the operation of e-bikes on highways, roadways, or sidewalks while performing stunts such as wheelies or endo-wheelies (Stoppies), as well as prohibit texting while operating e-bikes.
 Trail and Beach Trail Restrictions: Prohibit Class 3 e-bikes upon all public off-road trails within the City of San Clemente.
 Completion of Safety Course Post-Violation: Allow any conviction of a violation of the SCMC or the California Vehicle Code related to the operation of an e-bike to be deemed adjudicated upon the successful completion of a City-approved E-Bike Safety Course.

Proof of completion recommended to be provided to the court within 90 days of conviction.  Rental Business Regulations: Require all businesses within the City that provide e-bike rental services to provide renters with a copy of applicable e-bike regulations contained in the SCMC.

Concerns about potential safety hazards and the overlap with existing regulations in the California Vehicle Code were considered, indicating a need for careful assessment of the cause and effect of new regulations. At the March 26, 2024 Public Safety Committee meeting, the Committee’s representative from the Orange County Sheriff’s Department, Captain Christian, discussed his department’s concerns with establishing new regulations that could have the potential to unintentionally create new traffic hazards. After deliberation of available options and potential concerns, the Committee recommends that the City Council initiate an amendment to integrate the proposed new rules effectively with existing laws, and enhance public safety as it relates to ebikes and traffic.

Council Options:
 Adopt Resolution No. 24-68 to initiate an amendment to the San Clemente Municipal Code to further regulate e-bikes throughout the City.
 Modify and then adopt Resolution No. 24-68.
 Continue the item with the direction to staff to provide additional information.  Do not approve Resolution No. 24-68. This action will result in no new ordinance being drafted to further regulate e-bikes, thereby leaving existing SCMC provisions in place unamended. 53 Meeting Date: May 7, 2024 Agenda Item: 9B.

CITY OF SAN CLEMENTE 3
Environmental Review/Analysis:

The initiation of an amendment of an ordinance to regulate e-bikes does not qualify as a "project" under the California Environmental Quality Act (CEQA) because it only involves the work of staff to draft such an ordinance for future City Council consideration and has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines, § 15378, subd. (a)). The action merely provides approval to allocate staff time to draft a potential ordinance for new regulations concerning the use of electric bicycles, and does introduce any new activities or changes that could affect the environment. The proposed ordinance itself after being drafted would go through the appropriate environmental review.

Recommended Actions:

THE PUBLIC SAFETY COMMITTEE RECOMMENDS that the City Council adopt Resolution No. 24-68 to initiate an ordinance to amend the San Clemente Municipal Code to include additional regulations on the use and enforcement of electric bicycles...recommendation ..end
Attachments:

1. Proposed Resolution No. 24-68

2. E-Bike Ordinance Draft Suggestions Document, considered by the Public Safety Committee on March 26, 2024

3. Minutes from the Public Safety Committee Meeting, dated March 26, 2024 Notification:

None.
54 ATTACHMENT 1
RESOLUTION NO. 24-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING THE PUBLIC
SAFETY COMMITTEE’S RECOMMENDATION TO INITIATE

AN ORDINANCE TO AMEND THE SAN CLEMENTE

MUNICIPAL CODE TO INCLUDE ADDITIONAL

REGULATIONS ON THE USE AND ENFORCEMENT OF

ELECTRIC BICYCLES
WHEREAS, the increasing popularity of electric bicycles (e-bikes) presents new challenges for public safety and integration into community spaces; and WHEREAS, existing municipal code provisions under San Clemente Municipal Code (SCMC) 12.32.130 regulate the use of bicycles and electric bicycles, emphasizing safe and regulated use in public areas such as the Municipal Pier, Beach Access Road, Beach, and Beach Trail, and defines bicycles and e-bikes, including Class 1, 2, and 3 ebikes, and sets forth areas where these can be used or are restricted; and WHEREAS, the Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of the Committee’s E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan; and WHEREAS, the Public Safety Committee has determined that additional regulations are needed to adequately address the safety concerns and usage impacts of e-bikes, particularly in high-traffic and shared community spaces. The Committee reviewed and deliberated on the necessary contents of additional regulations at their meeting of March 26, 2024, and recommended the City Council initiate an ordinance to amend the SCMC to enhance safety measures for both pedestrians and e-bike riders.

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

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

Section 2. That the City Council hereby directs staff to initiate an ordinance to amend the SCMC to include additional regulations on the use and enforcement of electric bicycles.

The proposed amendment shall include, but not be limited to, establishment of several key safety measures, such as: (1) requiring that e-bikes shall not be operated during hours of darkness unless the operator is at least 18 years old or holds a valid driver’s license issued by any US State or Territory; (2) mandating that operators must be at least 18 years old or hold a valid state-issued driver’s license to carry passengers on e-bikes; (3) prohibiting the operation of e-bikes on highways, roadways, or sidewalks while performing stunts such as wheelies or endo-wheelies, as well as prohibiting texting while operating e-bikes; (4) restricting Class 3 e-bikes from all off-road trails; (5) requiring any e-bike rental business in the City to provide renters with a copy of the SCMC regulations applicable to e-bikes; and (6) stipulating that any conviction of a violation of the SCMC or the California Vehicle Code related to the operation of an e-bike will not be deemed adjudicated until the violator 55 Resolution No. 24-68 Page 2
completes a City of San Clemente-approved E-Bike Safety Course, with proof of completion provided to the court within 90 days of conviction.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

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. 24-68 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
56 Sugges�ons for City of San Clemente E-Bike Ordinance Defini�ons:

Electric Bicycle – An electric bicycle (E-Bike), as defined by California Vehicle Code Section 312.5, is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. Three classes of electric bicycles have been established:
• Class 1: A low speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached.
• Class 2: A low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance when a speed of 20 mph is reached.
• Class 3: A low speed pedal-assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached.
o The operator of a Class 3 electric bicycle (per dmv.ca.gov):
 Must be 16 years old or older.
 Must wear a bicycle safety helmet.
 Must not transport passengers.
 May ride an electric bicycle in a bicycle lane if authorized by local authority or ordinance.

All electric bicycle classes are exempt from the motor vehicle financial responsibility, driver's license, and license plate requirements.

Electric Motorcycle – Any electric powered two or three wheeled vehicle with a motor of more than 750 watts and a lack of operable pedals SHALL NOT BE CONSIDERED an Electric Bicycle.

For the purpose of this ordinance, such vehicles SHALL BE CONSIDERED an Electric Motorcycle by the City of San Clemente and be treated as a Motorcycle as defined by California Vehicle Code Sections 400(a) and 400(b).

Hours of Darkness – Darkness, as defined by California Vehicle Section 280, is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet
Wheelie – An acrobatic driving or riding stunt of lifting up the front tire or wheel off of the ground due to extreme torque being applied to the rear wheel or wheels while in motion.

Attachment 2
57 Endo-Wheelie AKA Stoppie – The Endo-Wheelie or Stoppie is a motorcycle and bicycle trick in which the back wheel is lifted by abruptly applying the front brake, then, by carefully reducing the brake pressure, the bike is ridden for a short distance on the front wheel. It is also called an endo, a nose manual, or less commonly, a front wheelie.

E-Bike Rules:

1. E-Bikes shall not be operated during hours of darkness unless the operator has a valid State issued (any US State or Territory) Driver License or is at least 18 Years of Age.

2. E-Bikes shall not be operated with a passenger unless the operator has a valid State issued (any US State or Territory) Driver License or is at least 18 Years of Age.

3. During hours of darkness, E-Bikes shall only be operated with a front lamp emi�ng a white light visible from a distance of 300 feet and a rear solid or flashing red light with a built-in reflector visible from a distance of 500 feet.

4. E-Bikes shall not be operated on any highway, roadway or sidewalk while performing a Wheelie or Endo-Wheelie AKA a Stoppie.

5. E-Bikes shall not be operated while tex�ng on a cell phone.

6. Class 3 E-Bikes shall not be ridden on any off-road trails within the City of San Clemente.

7. Class 3 E-Bikes shall not be ridden on any sidewalks within the City of San Clemente. This does not apply to traversing a sidewalk to park the E-Bike or to enter private or public lands.

8. E-Bikes, regardless of Class, shall not be ridden on the sidewalk in any business district within the City of San Clemente. This does not apply to traversing a sidewalk to park the E-Bike or to enter private or public lands.

9. E-Bikes, regardless of Class, shall not be ridden on the San Clemente Beach Trail between North Beach and Calafia Beach.

10. Electric Motorcycles shall not be operated within the limits of the City of San Clemente unless the following parameters are met:
• Motorcycle License Required per California Vehicle Code Sec�on 12500(b) • Registra�on and License Plate Required per California Vehicle Code Sec�on 4000(a)(1)
58 • DOT Approved Helmet required per California Vehicle Code Sec�on 27803(b) • Evidence of Financial Responsibility (Insurance) required per California Vehicle Code Sec�on 16028a.

Electric Motorcycles may only be used on private property with the expressed permission of the property owner or the owner’s authorized agent.

Law Enforcement use of the California Vehicle Code Towing, Storage and Impound Authori�es apply to the unlawful use of Electric Motorcycles in the City of San Clemente.

11. Any convic�on of a viola�on of this Ordinance or the California Vehicle Code while opera�ng an E-Bike, will not be deemed adjudicated un�l the violator completes a City of San Clemente approved E-Bike Safety Course. Proof of comple�on must be provided to the court within 90-Days of convic�on.

12. Any E-Bike rental business in the City of San Clemente shall provide a copy of this Ordinance to anyone person(s) ren�ng an E-Bike.
59 Attachment 3
60 61
62 63
64 910 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: May 7, 2024 Agenda Item: 9C.

Submitted By: City Manager
Prepared By: Leslea Meyerhoff, Contract Coastal Administrator Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL SERVICES AGREEMENT TO COASTAL FRONTIERS CORPORATION FOR PHASE 1 OF

REESTABLISHING A SAND COMPATIBILITY AND OPPORTUNISTIC USE PROGRAM (SCOUP) IN AN AMOUNT NOT TO EXCEED $178,449 ..body
Fiscal Impact:

The cost to initiate the first tasks to re-establish the City’s Sand Compatibility and Opportunistic Use Program (SCOUP) included in SCOUP Phase 1 are $178,449. Costs for Phases 2 and 3 of the SCOUP program are not yet defined but are estimated to be $475,000 and $50,000, respectively, as shown in Attachment 1. Since the City previously had a SCOUP program in operation, efforts to re-establish SCOUP would rely on existing information to the maximum extent feasible to optimize overall efficiency and to minimize costs to the City. It is anticipated that these costs will be funded through available budget in the Sand Replenishment project (Acct 001- 636-45300-000-19907).

Summary:

Staff is seeking consideration by the City Council to award a professional services agreement to Coastal Frontiers Corporation, who is teamed with Moffat & Nichol and Merkel & Associates, to provide technical assistance to the City in support of the first phase in re-establishment of a SCOUP program in San Clemente. Contract awards for future phases will be presented to the City Council at a future date for consideration.

Background:

The City of San Clemente previously had a SCOUP program in place to allow the placement of up to 300,000 cubic yards of sand per year on four beaches in the City over a five-year permit period. However, the necessary permits have since expired. During the timeframe in which the City maintained active permits, the City completed two SCOUP projects at North Beach in the amount of 5,000 cubic yards (2005) and 12,000 cubic yards (2016).

The original SCOUP sites were North Beach, extending south 1,500 feet, Linda Lane Beach, extending a distance of 1,500 feet, T-Street Beach North, extending from the pier 1,000 feet south and T-Street Beach South, extending a distance of 1,200 feet south.

Development of a new SCOUP program for San Clemente is proposed to be implemented as follows:
 Phase 1: Conduct an opportunities and constraints analysis to define the areas of the City where opportunistically available beach compatible sediment can or should be placed. 65 Meeting Date: May 7, 2024 Agenda Item: 9C.

CITY OF SAN CLEMENTE 2
Phase 1 would be completed within six months.
 Phase 2: Conduct environmental review and compliance tasks under the California Environmental Quality Act (CEQA) and possibly the National Environmental Policy Act (NEPA). Phase 2 would be completed within one year and would be initiated following completion on Phase 1 and direction from the City Council.  Phase 3: Prepare applications and process regulatory approvals with U.S. Army Corps of Engineers (Regulatory Branch); California Coastal Commission; Regional Water Quality Control Board, California State Lands Commission, and the Southern California Regional Rail Authority. Phase 3 would be completed within one year and it is recommended that Phases 2 and 3 run concurrently.
 Phase 4: SCOUP project implementation. This phase could be initiated during Phase 3 if it is determined that a SCOUP project could be implemented immediately upon receipt of required regulatory approvals.

A Request for Proposal (RFP) was issued on April 8, 2024 for consulting services related to Phase 1 of the preparation of a Sand Compatibility and Opportunistic Use Program (SCOUP).

Only one proposal was received from Coastal Frontiers Corporation, who is qualified to do the work at a price that is fair and reasonable. Staff is not aware of any local companies who perform these types of services.

Discussion:

Pursuant to City Council direction on February 6, 2024, this item is being presented to the City Council to re-establish the City’s SCOUP program. SCOUP is an important coastal resiliency tool that will support placement of opportunistically available beach quality sediments on the beaches in San Clemente. Having a SCOUP program enables the City to optimize placement of opportunistically available sediments for placement on the beach by having all environmental and permitting tasks completed up front, at a programmatic level, such that only pre-construction monitoring is required once a sand source is located and plans are secured by the City to have the sand delivered to City beaches.

Council Options:
 Adopt Resolution No. 24-69, awarding a professional services agreement to Coastal Frontiers Corporation, who is teamed with Moffat & Nichol and Merkel & Associates, to provide technical assistance to the City of San Clemente in support of Phase 1 of the re-establishment of SCOUP in San Clemente based on the proposal (Attachment 1).  Modify and adopt Resolution No. 24-69.
 Provide alternative direction.

Environmental Review/Analysis:

The proposed award is not a “project” pursuant to 2024 State California Environmental Quality Act Guidelines section 15378. CEQA compliance would be required to support development of a SCOUP program for San Clemente and would occur in SCOUP Phase 2. 66 Meeting Date: May 7, 2024 Agenda Item: 9C.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-69, which would:

1. Award a professional services agreement to Coastal Frontiers Corporation, who is teamed with Moffat & Nichol and Merkel & Associates, to provide technical assistance to the City in support of the re-establishment of SCOUP Phase 1; and

2. Authorize the City Manager to execute a professional services agreement with Coastal Frontiers Corporation in an amount not to exceed $178,449 for Phase 1 (Attachment 3). ..end
Attachments:

1. Proposal from Coastal Frontiers Corporation

2. Resolution 24-69

3. Professional Services Agreement with Coastal Frontiers Corporation Notification:

Coastal Frontiers Corporation
67 COASTAL

FRONTIERS
Coastal Frontiers Corporation
882A Patriot Drive
Moorpark, CA 93021-3544
(818) 341-8133 www.coastalfrontiers.com
April 22, 2024
Andy Hall
City Manager
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Subject: City of San Clemente Request for Proposal, Preparation of Sand Compatibility and Opportunistic Use Program (SCOUP)
Dear Mr. Hall:

Coastal Frontiers Corporation is pleased to submit the attached proposal to initiate renewal of the City’s Sand Compatibility and Opportunistic Use Program (SCOUP). We have assembled a highly qualified team with a strong history of successful collaboration, including:
 Coastal Frontiers Corporation (Prime Consultant – Small Business Enterprise)  Moffatt & Nichol
 Merkel & Associates
By virtue of our professional staff and specialized, recent experience supporting the City of San Clemente’s coastal planning efforts, we believe that we are well-qualified to assist the City in renewing and potentially expanding the SCOUP plan. Both Coastal Frontiers Corporation and Moffatt & Nichol have successfully developed and implemented SCOUP plans for cities and counties throughout Southern California, and look forward to assisting the City as it strives to increase its resilience to present and future coastal challenges.

We appreciate the opportunity to submit our qualifications and look forward to providing any additional information that you may wish to receive. As required by the RFP, the cost to conduct the work is valid for 90 days from the date of submittal.

Sincerely,
Coastal Frontiers Corporation
Christopher Scott
Associate Principal
$WWDFKPHQW
68 Coastal Frontiers Corporation
882A Patriot Drive
Moorpark, CA 93021
(818) 341-8133 | www.coastalfrontiers.com

CITY OF SAN CLEMENTE SAND COMPATIBILITY

AND OPPORTUNISTIC USE PROGRAM
PHASE 1 PROPOSAL
69 Coastal Frontiers Corporation Page i

CITY OF SAN CLEMENTE SAND COMPATIBILITY

AND OPPORTUNISTIC USE PROGRAM
PHASE 1 PROPOSAL
Document Information
Client City of San Clemente
Document title Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Prepared by Coastal Frontiers Corporation
Collaborators Moffatt & Nichol, Merkel & Associates
Status Final
Revision Description Date Issued by Reviewed by Principal Approval 00 Submittal to Client 04/22/2024 C. Scott B. Watterson -

70 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page ii
Contents
Contents ..................................................................................................................................... ii List of Tables ............................................................................................................................. iii List of Figures ............................................................................................................................ iii 1 Background and Approach ..................................................................................................... 1 Phase 1: Program Scope ..................................................................................................... 1 Phase 2: Data Collection and CEQA Initial Study ................................................................. 1 Phase 3: Permitting .............................................................................................................. 1 Phase 4: Implementation...................................................................................................... 2 2 Methodology ........................................................................................................................... 2 Task 1.1: Receiver Site Evaluation ....................................................................................... 2 Task 1.2: Receiver Site Selection ......................................................................................... 3 Task 1.3: Future Studies ...................................................................................................... 3 Task 1.4: Reporting and Meetings ........................................................................................ 3 Task 1.5: As-Needed Support .............................................................................................. 3 3 Work Plan ............................................................................................................................... 3 4 Project Organization and Staffing ........................................................................................... 4

4.1 Team Members........................................................................................................ 5 5 Related Experience ................................................................................................................ 6 6 Project Schedule .................................................................................................................... 6 7 Cost Data ............................................................................................................................... 7 8 Statement of Compliance ....................................................................................................... 8 9 Other Information ................................................................................................................... 8

9.1 Additional Work........................................................................................................ 8

9.2 Assumptions ............................................................................................................ 9 10 Non-Discrimination ................................................................................................................. 9 11 References ............................................................................................................................. 9 Attachment A: Resumes
Attachment B: Project Summaries
Attachment C: Detailed Cost Estimate for Phase 1
71 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page iii
List of Tables
Table 1. Key Deliverables .......................................................................................................... 4 Table 2. Phase 1 Schedule ........................................................................................................ 7 Table 3. Estimated Cost and Schedule to Complete Phases 1 through 4 ................................... 8 List of Figures
Figure 1. Organizational Chart ................................................................................................... 4 72 Coastal Frontiers Corporation Page 1

CITY OF SAN CLEMENTE SAND COMPATIBILITY

AND OPPORTUNISTIC USE PROGRAM
PHASE 1 PROPOSAL
1 Background and Approach
The City of San Clemente has identified beach nourishment and sand retention as key components of their coastal resilience strategy. To this end, the City is seeking to renew and potentially expand their Sand Compatibility and Opportunistic Use Program (SCOUP) to capitalize on opportunities to add beach-quality sand from opportunistic sources (e.g., local construction, development, and dredging projects) to City owned and managed beaches. A phased approach has been adopted to provide the City with the opportunity to identify those beaches that are suitable candidates for SCOUP, collect the data necessary to support technical and environmental evaluations, obtain permits, and implement the program. Each phase is summarized below:

Phase 1: Program Scope
Renewal of the City’s SCOUP will begin with an opportunities and constraints analysis to identify those locations where opportunistically available beach compatible sand can or should be placed. The recommendations will be based on existing and available physical and environmental data, such as the City’s ongoing Shoreline Monitoring Program (Coastal Frontiers Corporation, 2023) and Nature-Based Adaptation Project Feasibility Study (Moffatt & Nichol, 2023). The scope and cost to conduct any physical and environmental studies needed to prepare the California Environmental Quality Act (CEQA) Initial Study (IS) will be identified.

Phase 2: Data Collection and CEQA Initial Study
As part of Phase 2, the necessary physical and environmental studies identified as part of Phase 1 will be completed and a detailed design for each receiver site will be prepared. These will be used to prepare a Project Description and CEQA IS. The IS will draw upon the CEQA Mitigated Negative Declaration (MND) prepared as part of the City’s original SCOUP to the extent possible.

Phase 3: Permitting
Permits to conduct SCOUP projects will be obtained as part of Phase 3. It is anticipated that permits will be required by the following agencies:
o U.S. Army Corps of Engineers
73 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page 2
o California Coastal Commission
o California State Lands Commission
o Regional Water Quality Control Board
Phase 4: Implementation
In the final phase, implementation guidelines will be prepared to assist City staff in evaluating potential sediment sources, determining source compatibility with SCOUP receiver sites, conducting necessary pre-project technical studies (e.g., Sampling and Analysis Plan), preparing the Project Notification report, and conducting required pre- and post-project monitoring.

This proposal addresses Phase 1 of the project. The primary objectives of Phase 1 are to: (1) select the City beaches that are most suitable for inclusion in SCOUP, and (2) identify physical and environmental studies that need to be conducted to support permit acquisition. Specific tasks to be undertaken are listed below and described in detail in Section 2.

Task 1.1: Receiver Site Evaluation
Task 1.2: Receiver Site Selection
Task 1.3: Future Studies
Task 1.4: Reporting and Meetings
Task 1.5: As-Needed Support (Emergency Beach Nourishment Project) 2 Methodology
Task 1.1: Receiver Site Evaluation
As part of Task 1.1, each of the City’s beaches will be evaluated to determine which are most suitable for inclusion in the SCOUP plan. The evaluation will be based on existing and available physical and environmental data/studies, such as the environmental documents prepared as part of the City’s original SCOUP Plan, the City’s shoreline monitoring data, the ongoing City of San Clemente Nature-Based Adaptation Project Feasibility Study, and environmental and biological monitoring data obtained as part of the U.S. Army Corps of Engineers’ San Clemente Shoreline Project. The data will be used to develop a ranking matrix based on the relative vulnerability of each site, construction feasibility, the potential benefit to downcoast beaches, and the potential effects on biological and surfing resources.
74 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page 3
Task 1.2: Receiver Site Selection
The ranking matrix developed as part of Task 1.1 will be reviewed with City Staff to determine those sites to be included in Phase 2 of the project.

Task 1.3: Future Studies
The technical and environmental studies needed to satisfy CEQA and permit acquisition will be identified. A scope of work and cost estimate to complete each study will be prepared along with the scope and estimated fee to complete Phase 2 of the project.

Task 1.4: Reporting and Meetings
The results of Tasks 1.1 through 1.3 will be summarized in a technical report. The report will include a summary of the data and studies used for Phase 1, the sites selected for SCOUP and basis for selection, and future steps to be undertaken in Phases 2 through 4. A draft report will be delivered to the City for review. The final report will be delivered following up to two rounds of comments.

Members of the Project Team will present the study findings and recommendations in a meeting that includes the City Council, Commission(s), City Manager, and/or employee groups. The Project Team will also participate in up to three general meetings open to the public. All meetings are assumed to be in-person.

Task 1.5: As-Needed Support
The Project Team will provide up to 120 hours of as-needed support to assist the City with obtaining permits for an emergency beach nourishment project similar to that conducted by the County of Orange at Capistrano Beach Park and Doheny State Beach in 2023. Work under this task will not be undertaken without prior approval from the City. 3 Work Plan
The work will be conducted sequentially beginning with Task 1.1 and proceeding through Task 1.4. Task 1.5 (As-Needed Support) will be performed as directed by the City. Site visits may be conducted as part of Tasks 1.1 and 1.2. All other work will be conducted off-site. A list of the key deliverables for each task is provided in Table 1. 75 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page 4
Table 1. Key Deliverables
Task Deliverable

1.1 Memo describing development of the ranking matrix and presenting the results.

1.2 Memo summarizing the beaches selected for inclusion in Phase 2.

1.3 Memo outlining future technical and environmental studies and associated costs.

1.4 Draft and final reports. Presentation of results.
4 Project Organization and Staffing
The team assembled for the work includes Coastal Frontiers Corporation (CFC), Moffatt & Nichol, and Merkel & Associates., Inc. As shown in Figure 1, CFC will provide project management, coastal engineering design and analysis, and will serve as lead author of the draft and final reports.

Christopher Scott will serve as the project manager and key contact with the City. Moffatt & Nichol will provide technical input on issues related to construction feasibility, permitting, and the CEQA process. Resource opportunities and constraints will be evaluated by Merkel & Associates.

Figure 1. Organizational Chart
76 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page 5

4.1 Team Members
Key members of the Project Team are presented below, and detailed resumes are provided in Attachment A. These key team members will be supported by a variety of staff specialists to ensure timely completion of the work. Every effort will be made to ensure key team members are available for the duration of the project. In the event one of the key team members is unable to continue working on the project, a replacement will be submitted to the City in writing for approval.

Christopher Scott, PE – Project Manager
Mr. Scott has 18 years of experience conducting field and office-based coastal engineering studies along the Southern California coast. His work has included permit support for pre-established SCOUP programs for the Cities of Solana Beach and Imperial Beach, as well as formulation of a new SCOUP program for the County of Los Angeles (in process). He has participated in numerous coastal and nearshore monitoring studies, including beach profile monitoring programs conducted on behalf of the Cities of San Clemente, Encinitas, Solana Beach, Carlsbad, and Newport Beach, sand source investigations in Los Angeles County, and breakwater inspections for the U.S. Army Corps of Engineers. In addition, Mr. Scott has worked extensively in the Alaskan Arctic, developing design wave and water level conditions for coastal facilities, and estimating the impact of future Sea Level Rise on existing and planned coastal projects.

Kimberly Garvey – Permitting Specialist
Since joining Moffatt & Nichol in 2003, Ms. Garvey has led a variety of coastal/water projects in Southern California. Her experience includes opportunistic beach nourishment, coastal resiliency and adaptation design, coordination with regulatory agencies, permitting, development of project descriptions for environmental review documents, coastal impacts analyses, dredging design, and sediment characterization. As a permitting specialist, she has obtained over 70 regulatory permits for projects related to beach nourishment, beneficial reuse of dredged sediments, and shoreline protection. Ms. Garvey is currently leading the development and implementation of a SCOUP for the County of Orange that will allow for suitable sediment from inland maintenance and construction sources to be placed on almost any beach along the Orange County shoreline (approximately thirty locations, including San Clemente).

Lawrence Honma – Resource Specialist
Mr. Honma has over 30 years of experience conducting ecological studies related to dredging and beach nourishment activities in Southern California. He has managed numerous studies on fish and epibenthic communities, investigating temporal changes in these communities as they relate to El Niño episodes, sea level rise predictions, and thermal discharges. He has also worked on multiple projects that have characterized the fauna and flora associated with natural and artificial reefs in the Southern California Bight, examining the physical and biological factors that affect the development of giant kelp communities and reef designs suitable for the establishment of a 77 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page 6
giant kelp community. Lawrence has considerable skill and expertise in sediment and water quality investigations and has conducted sediment sampling and analyses throughout the eastern and south Pacific.
5 Related Experience
Each member of the team has extensive experience working within the coastal zone near San Clemente. Summaries of selected projects are provided in Attachment B and contact information for references with direct experience working with our team is provided below.

Bertha Ruiz-Hoffmann
Section Manager, Coastal Resiliency Section, Planning Division County of Los Angeles, Department of Beaches and Harbors 13837 Fiji Way
Marina del Rey, CA 90292
Phone: 424-526-7747
Email: [email protected]
Susan Brodeur
Senior Coastal Engineer
Orange County Community Resources/OC Parks
13042 Old Myford Road
Irvine, CA 92602
Phone: 949-585-6448
Email: [email protected]
Keith Greer
Manager, Regional Planning Program
San Diego Association of Governments
401 B Street, Suite 800
San Diego, CA 92101
Phone: 619-699-7390
Email: [email protected]
6 Project Schedule
It is anticipated that the Scope of Work for Phase 1 (Tasks 1.1 through 1.4) will be completed within six months of notice to proceed. A detailed schedule to complete each task is provided in the table below.
78 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page 7
Table 2. Phase 1 Schedule
Task Item Completion Date

1.1 Kickoff Meeting May 9, 2024
Receiver Site Evaluation June 21, 2024
Memorandum June 28, 2024

1.2 Meeting with City Staff to Review Receiver Site Selection July 9, 2024 Memorandum July 12, 2024

1.3 Identify future studies and develop scope and cost August 23, 2024 Memorandum August 30, 2024

1.4 Draft Report October 11, 2024
Respond to Comments (2 rounds) October 25, 2024
Final Report November 1, 2024

1.5 As-Needed Support TBD
* Assumes contract award on May 7, 2024
7 Cost Data
The estimated cost to complete Phase 1 (Tasks 1.1 through 1.5) is $178,448.41. Attachment C summarizes the classification and estimated number of hours each team member plans to spend on the work, along with the total cost for fees and expenses. While the RFP states that the work will be completed as a fixed-fee project, we recommend that a time-and-materials basis be used given uncertainty related to the number of project meetings and as-needed support required.

The cost to complete Phases 2 through 4 will depend on the number of sites included in the program, the quantity of data to be collected at each site, and the length of time required by each agency for permit review and approval. Given this uncertainty, we cannot provide a precise schedule or not-to-exceed cost for these phases; however, planning-level estimates are provided in the Table 3 to give the City an indication of the timing and level of funding likely to be needed. 79 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page 8
Table 3. Estimated Cost and Schedule to Complete Phases 1 through 4 Task Estimated Cost Estimated Duration
Phase 1 (Program Scope & As-Needed Support) $178,000 6 months Phase 2 (Data Collection & CEQA IS) $475,000* 12 months Phase 3 (Permit Application Submittal) $50,000* 2 months Sub-Total $703,000 1 year, 8 months from NTP
Agency Permit Review - 12 months
Phase 4 (Implementation) $20,000* 4 months
Total $723,000* 3 years from NTP
* indicates planning-level estimate only
8 Statement of Compliance
This proposal is in strict compliance with the Request for Proposal and Draft Agreement except for the items listed below:
 Request contract language and insurance requirements be consistent with those previously agreed to by Coastal Frontiers and the City of San Clemente (Professional Consultant Services Agreement effective April 17, 2024).
9 Other Information

9.1 Additional Work
Additional work currently being performed by the Project Team that is related to this proposal includes the following:
 City of San Clemente Shoreline Monitoring Program
 City of San Clemente Nature-Based Adaptation Project Feasibility Study  South Coast Rail Infrastructure Feasibility Study and Alternative Concept Analysis Project  Orange County Transportation Authority South Coast Rail Short-Term Rail Protection Measures
 Orange County SCOUP
 SANDAG Regional Beach Sand Project III
80 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Coastal Frontiers Corporation Page 9

9.2 Assumptions
The following assumptions were made in preparation of this proposal.  Beach profile data obtained on behalf of the City will be made available to the Project Team.
 Data and analyses prepared as part of the City’s Nature-Based Adaptation Project Feasibility Study will be made available to the Project Team.  All work conducted as part of Phase 1 will utilize existing and available information. No new data collection will be collected during this phase.  Up to four meetings will be held as part of the project. All meetings are assumed to be in person.
 The City will provide the Project Team with GIS files delineating City jurisdiction for each beach owned or managed by the City.
10 Non-Discrimination
Coastal Frontiers Corporation agrees that in carrying out our responsibilities under this agreement, and in particular with regard to the employment of persons and sub-contractors working on the project, we will not discriminate on the basis of race, color, creed, national origin, religion, sex, age, or handicap. In the event any of the work is subcontracted to another person or firm, the subcontract will contain a similar provision.
11 References
Coastal Frontiers Corporation. (2023). City of San Clemente Beach Monitoring Program, Fall 2023 Beach Profile Survey Report. Moorpark.

Moffatt & Nichol. (2023). San Clemente Nature-Based Adaptation Project Feasibility Study:

Subtask 2.2 - Critical Erosion Hotspots Report. Costa Mesa, CA. 81 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Attachment A: Resumes
82 COASTAL

FRONTIERS
882A Patriot Drive
Moorpark, CA 93021
(818) 341-8133
www.coastalfrontiers.com
CHRISTOPHER P. SCOTT, P.E.

Associate Principal Engineer
Mr. Scott is an associate principal engineer with 18 years of experience conducting coastal and civil engineering
analyses, physical and numerical modeling of coastal
processes, and nearshore data acquisition and
interpretation. He has participated in numerous coastal and nearshore monitoring studies in Southern California,
including beach profile monitoring programs conducted on behalf of SANDAG, and the Cities of San Clemente,
Encinitas, Solana Beach, Carlsbad, and Newport Beach.

He has led numerical modeling efforts to assess the impact of coastal structures on shoreline evolution in Southern California, developed design wave and water level
conditions for coastal facilities in the Alaskan Arctic, and estimated the impact of future Sea Level Rise on existing and planned coastal projects.

Selected Project Experience
Coastal Engineering Study for Westward Beach Road Shore Protection, Malibu, CA: In 2021, the County of Los Angeles Department of Beaches and Harbors installed a rock revetment to protect Westward Beach Road from being undermined following a series of intense storms. The road provides the only access to the 34-acre Westward Beach and the Point Dume Natural Preserve. As part of the County’s permitting efforts, Coastal Frontiers prepared a coastal engineering assessment of the conditions that led to the need for the Emergency Revetment, potential impacts of the revetment on adjacent beaches and surf breaks, present and future vulnerability of the road and revetment to sea level rise, and an evaluation of potential future adaptation strategies to maintain this public access asset while minimizing any negative impacts on coastal resources. The adaptation strategies evaluated as part of the assessment included naturebased solutions, such as a coastal dune system and installation of a cobble berm.

Goleta Beach Shoreline Monitoring Program, Goleta, CA: Since 2006, Mr. Scott has led a shoreline monitoring program in support of various County-sponsored activities at Goleta Beach Park. The program consists of semi-annual beach profile surveys at seven coastal sites. The survey data are used to identify short- and long-term changes in the shorezone (shoreline position and shorezone volume). The results are summarized in an annual report along with the key environmental and anthropogenic factors that exert an influence on the nearshore region. Coastal Frontiers also has provided coastal engineering support for the County’s efforts to obtain a coastal development permit for the existing rock revetment at the park, which was installed on an emergency basis. As part of the permitting process, the vulnerability of several design alternatives to coastal erosion and flooding was evaluated on short-, mid- and long-term timescales. The evaluation was conducted by synthesizing data from the shoreline monitoring program with Education
B.S., Ocean Engineering
Texas A&M University, 1999
M.Oc.E., Coastal & Ocean Engineering
Oregon State University, 2005
Experience
2006-2024: Coastal Frontiers Corp.

Registration
Professional Engineer, Civil:

California (No. 74276)
Alaska (No. 13088)
FAA Certified Remote Pilot, Small UAS
(Part 107)
83 Coastal Frontiers Corporation
Christopher P. Scott
882A Patriot Drive
Moorpark, CA 93021
(818) 341-8133
www.coastalfrontiers.com
projections from the United States Geological Survey’s (USGS) Coastal Storm Modeling System (CoSMoS).

Sand Compatibility and Opportunistic Use Program Permit Support, San Diego County, CA: Mr. Scott has supported permit acquisition for Sand Compatibility and Opportunistic Use Programs (SCOUP) on behalf of the Cities of Solana Beach, Imperial Beach, and Coronado.

Agencies engaged as part of the permit process included the California State Lands Commission, California Coastal Commission, California Regional Water Quality Control Board, and U.S. Army Corps of Engineers, LA District.

San Diego County Shoreline Feasibility Study, San Diego, CA: Coastal Frontiers completed a numerical modeling effort to estimate the influence of Oceanside Harbor on historical shoreline evolution, forecast future shoreline changes and coastal storm impacts, and assess the effectiveness of several shore protection alternatives. The project area extended from Camp Pendleton to the Agua Hedionda Lagoon North Jetty and included the shorelines of Oceanside and North Carlsbad.

Coastal storm impacts (wave overtopping, bore propagation, bore forces, revetment damage) were calculated concurrently with the shoreline evolution modeling. The first phase of the project consisted of investigating the impact of the harbor breakwaters on historical shoreline evolution.

The second phase consisted of modeling future shoreline evolution and coastal storm impacts for an array of project alternatives designed to provide shore protection and enhancement for damageprone areas.

Encina Dredge Cycle Marine Engineering, NRG Encina Power Plant, Carlsbad, CA: Coastal Frontiers provided engineering and field monitoring support for dredging and placement of beachquality sand in the vicinity of the Encina Power Plant located at Agua Hedionda Lagoon. Mr.

Scott was responsible for conducting pre- and post-nourishment surveys of the borrow site inside the lagoon and providing weekly progress reports to the client with updates on construction activities including dredged quantities, placement sites, and photographic records.

Ormond Lagoon Coastal Engineering/Environmental Evaluation, Oxnard, CA: Coastal Frontiers conducted a study to support the reconstruction of approximately 2.2 miles of the J Street Drain, a fully-lined concrete channel located east of Port Hueneme that drains directly into Ormond Lagoon. The lagoon, located west of the NBVC Point Mugu, is open to tidal exchange when a breach forms in the beach along its southern border. The primary goals of the program consisted of survey data collection on a series of shore-perpendicular transects, sediment and water sampling to determine grain size and suspended sediment concentrations, surveying of the lagoon, and water level and salinity monitoring.

Will Rogers State Beach Coastal View and Access Improvement, Los Angeles County, CA:

Coastal engineering support for improvements to the landward facilities at Will Rogers State Beach in Los Angeles County, CA. The project included ongoing coastal engineering support for multiple shore protection alternatives, including a quarrystone revetment and concrete seawall.

The project culminated in the construction of a 610-foot seawall commencing in 2013, which provided the basis for parking lot improvements, addition of a coastal viewing platform, and enhanced beach access at the project site.
84 Last updated: 08/2022

EXPERIENCE
Since joining Moffatt & Nichol in 2003, Kimberly Garvey has been project manager, project engineer, and permitting specialist on a variety of coastal/water projects. She has obtained over 70 regulatory permits. Her experience includes opportunistic beach nourishment, coastal resiliency and adaptation design, coordination with regulatory agencies, permitting, development of project descriptions for environmental review documents, coastal impacts analyses, dredging design, and sediment characterization.

County of Orange Opportunistic Sand Nourishment Program. Leading development of an opportunistic nourishment program for the County of Orange. The program would allow for suitable sediment from inland maintenance and construction sources to be placed on almost any beach along the Orange County shoreline (approximately thirty locations, including San Clemente). The scope involves outreach to stakeholders, development of implementation guidelines, regulatory permitting and CEQA review.

Lower Santa Ana River Sand Management Project, Orange County. Led preparation of engineering plans and bid documents, permits acquisition, CEQA, sediment characterization, biology work, and construction support, and post-construction reporting. Project included maintenance dredging of the river and beneficial reuse of the material on local beaches, including San Clemente North Beach.

County of Orange Ocean Outlets Maintenance Program, Orange County. Completed CEQA review, obtained regulatory permits, and updated the County’s Operations and Maintenance manual. Sand is excavated from the ocean outlets (including an outlet within the City of San Clemente) to restore flood conveyance and then beneficially used for nourishment on adjacent beaches. Currently supporting the County on permit renewals, permit compliance including pre- and post-construction notifications, monitoring, and annual reports.

Capistrano Beach County Park Shore Protection, Dana Point. Prepared engineering plans and obtained emergency and regular permits for shoreline protection along Capistrano Beach. Supported Coastal Commission permitting, supported construction of shoreline protection alternatives (including rock and sandbags protection and opportunistic sand placement). Completed modeling of a large-scale beach nourishment project. Currently providing support to OC Parks for maintaining the shoreline protection and designing a living shoreline cobble berm pilot project.

Doheny State Beach, Dana Point. Working with State Parks to reconfigure the existing campground and evaluate the day use parking lot for coastal resiliency. Work includes alternatives analyses and long-term coastal hazards management plan.

San Onofre State Beach, San Onofre. Project Manager. Supported California State Parks for construction of shore protection to maintain public access to Surf Beach.

Developed alternatives analysis report and long-term coastal hazards management plan.

Supported State Parks on Coastal Commission permitting.

Goleta Beach Opportunistic Sand Placement, Goleta. Assisted County of Santa Barbara on several sand nourishment projects at Goleta Beach. Assessed and reported on preand post-nourishment monitoring results. Monitoring consisted of beach profiling and monitoring offshore, nearshore, and intertidal biological resources before and after beach nourishment and turbidity monitoring during nourishment activities.

KEY FEATURES
Special skills:

Permit Acquisition with
Federal, State, and Local
Regulatory Agencies
Shore Protection Design
Wave Uprush Study
Dredging
Wetlands Restoration
Water Quality
Sediment Quality
Sand Studies
Compensatory Mitigation
Field Monitoring
Construction Bid Documents
Community Outreach
Project Descriptions for
Environmental Review

EDUCATION
MS, Aeronautical and
Astronautical Engineering,
Purdue University, Indiana,
1989
BS, Mechanical Engineering,
University of California, Santa
Barbara, 1984
Certificate, Coastal
Engineering, Old Dominion
University, Virginia, 2006

AFFILIATIONS
President, California Chapter
of American Shore and Beach
Preservation Association
Kimberly J. Garvey
Coastal Engineer/Scientist
85 LAWRENCE HONMA
Senior Marine Scientist Merkel & Associates
MERKEL & ASSOCIATES, INC. PAGE | 1
Mr. Honma is an Associate Principal and Senior Marine Scientist specializing in coastal marine habitats. He has over 30 years of experience and has been involved in ecological studies identifying the impacts of dredging and construction activities to resident biota including fish, invertebrate, and eelgrass populations of ports and harbors, and in determining potential impacts of beach nourishment projects to nearshore fisheries, kelp, and seagrass populations. He has managed and conducted numerous studies on fish and epibenthic communities, investigating temporal changes in these communities as they relate to El Niño episodes, sea level rise predictions, and thermal discharges. He has also worked on multiple projects that have characterized the fauna and flora associated with natural and artificial reefs in the Southern California Bight, examining the physical and biological factors that affect the development of giant kelp communities and reef designs suitable for the establishment of a giant kelp community. Lawrence has considerable skill and expertise in sediment and water quality investigations and has conducted sediment sampling and analyses throughout the eastern and south Pacific. He has completed dozens of sediment testing programs in San Diego Bay and the coastal lagoons and estuaries and has been the lead for many water quality monitoring programs for characterization of baseline and storm conditions within coastal bays and lagoon as well as completion of construction and dredging permit compliance water quality monitoring within inland, coastal bays, and nearshore open coastal project areas. He is an experienced marine scientist with expertise in San Diego marine systems including San Diego Bay, where he has headed Essential Fish Habitat assessments and bay coverage ecological investigations for over twenty years.

SELECTED PROJECT EXPERIENCE
San Elijo Restoration Project. Mr. Honma is the Project Manager and Lead Biologist for coastal nourishment, disposal, and dredging activities for the San Elijo Lagoon Restoration Project. He has been responsible for supporting environmental document and design needs for the project along with work on beach and coastal nearshore material reuse areas. He has supported regulatory agency coordination efforts and is presently leading data collection and monitoring efforts for the nearshore environment in the vicinity of the project in addition to reference sites located upcoast and downcoast of the project. Postpermitting, Mr. Honma has led the completion of marine intertidal and subtidal studies including habitat mapping and bathymetric survey, transect monitoring, beach infaunal community characterizations. Work has included completion of interferometric sidescan sonar surveys, unmanned aerial vehicle (UAV, drone) surveys, SCUBA diving and remotely operated vehicle (ROV) monitoring, and large crew beach sampling and taxonomic laboratory work. He has been the lead for completion of habitat change analyses to determine the effects of sediment placement into the coastal beach and nearshore areas from the lagoon restoration.

Regional Beach Sand Project I and II. Mr. Honma served as Project Manager and Lead Biologist for this extensive monitoring program to comply with 404 and 401 permit conditions. Work included pre-construction surveys to document sensitive marine species (subtidal reefs and kelp beds) in the vicinity of several beaches and monitoring

EDUCATION
Master of Science,
Marine Sciences, San
Francisco State
University, Moss
Landing
Bachelor of Science,
Wildlife and Fisheries
Biology, University of
California, Davis

REGISTRATIONS/

CERTIFICATIONS
County of San Diego,
Approved Biological
Consultant
NAUI Certified SCUBA
Diver
NOAA/CDFW Caulerpa
Surveyor
86 LAWRENCE HONMA
Senior Marine Scientist Merkel & Associates
MERKEL & ASSOCIATES, INC. PAGE | 2
site-specific resources such as culture resources, grunion, water birds, and water quality. Post-construction monitoring included semi-annual sampling of 36 biological monitoring stations established prior to construction to determine any potential impacts from beach replenishment activities. He was also responsible for all aspects of compliance monitoring during construction including daily communication with dredgers, project engineers, the client, and field personnel. Responsible for data collection, data analysis, QA/QC, report preparation, and budget tracking. Subsequent to completion of sand placement, Lawrence provided minor follow-up monitoring and support services related to tracking sand movement and changes in the beach as conditions stabilized over the first two years.

Batiquitos Lagoon Double Track. Mr. Honma served as Lead Biologist for the sand compatibility and opportunistic use program (SCOUP) for this LOSSAN rail corridor double track project between Carlsbad and Encinitas. He was responsible for preparation of the sample and analysis plan (SAP), supported regulatory agency coordination, led field sediment collection efforts, including both marine environment and terrestrial sampling. Mr. Honma was the lead author of the Sediment Characterization Report to support development of reuse opportunities for placement of sediment on the beach and for use in reconstructing an eroded least tern nesting site at the lagoon. Work included coordination with multiple agencies both for approval of the sampling plan and acceptance of the recommendations for material reuse, as well as to access and sample within the State Ecological Reserve, State Beach, and within railroad right-of-ways.

Encinitas and Solana Beach Shoreline Protection Feasibility Study. Mr. Honma was the Lead Biologist responsible for assessing potential impacts to sensitive nearshore marine resources, in addition to developing potential mitigation scenarios and cost estimates for the cost-benefit analysis of this beach nourishment project. He developed a GIS-based modeling approach to assess impacts from proposed beach nourishment operations on sensitive nearshore resources, including high- and low-relief surfgrass and algal vegetated reefs. Additionally, he created 4D modeled sediment depositional isopacts to estimate impacts to these resources and changes over time using a mix of multi-beam bathymetry, sidescan, multi-spectral aerial photography, and LIDAR. Data were analyzed to account for natural variation in annual sediment transport by incorporating empirical coastal profile data into the methodology.

Essential Fish Habitat Assessments to support Opportunistic Beach Restoration Programs for the Cities of Imperial Beach, Coronado, Del Mar, Solana Beach, Encinitas, Carlsbad, and Oceanside. Mr. Honma prepared Essential Fish Habitat Assessments to support permit applications for multiple cities to implement their San Compatibility and Opportunistic Use Program (SCOUP). Also assisted in permitting, T&E species, and monitoring plan development.

San Clemente Opportunistic Beach Nourishment Project Biological Monitoring. Mr. Honma served as project biologist for the opportunistic nourishment at North Beach, located in San Clemente, CA. The project placed approximately 12,000 cubic yards of sand at North Beach obtained from the Santa Ana River and included both preand post-construction biological monitoring. Monitoring included habitat mapping via remote sensing techniques (UAV and interferometric side-scan sonar), in addition, to in-water diver transect sampling to document dominant macrobiota and sediment cover over reef habitat.
87 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Attachment B: Project Summaries

88 Project Summary
Sand Compatibility and Opportunistic Use Programs
Moffatt & Nichol, Coastal Frontiers Corporation, and
Merkel & Associates have participated in the formulation, implementation, and monitoring of Sand Compatibility and Opportunistic Use Program (SCOUP) plans for cities and
governmental agencies throughout Southern California.

Moffatt & Nichol prepared the original SCOUP Plan for
SANDAG and the California Coastal Sediment
Management Workgroup (CSMW) that has served as the
foundational document for Southern California
opportunistic beach nourishment programs. Since that
time, Moffatt & Nichol has developed SCOUP plans for
numerous cities and counties through preparation of sand placement design plans, preparation of CEQA documents,
acquisition of regulatory permits, development of sediment testing protocols, coordination with regulatory agency staff and stakeholders, monitoring plan development and
implementation, and construction support.

Coastal Frontiers, Moffatt & Nichol, and
Merkel & Associates have collaborated on
numerous occasions to conduct pre- and
post-construction monitoring and reporting
in support of SCOUP projects in San Diego
County and Coastal Frontiers has supported
several cities in San Diego County with
renewal of SCOUP permits.

Currently, Moffatt & Nichol and Coastal
Frontiers Corporation are developing a
SCOUP for the County of Los Angeles.

Firms
Moffatt & Nichol
Coastal Frontiers Corporation
Merkel & Associates
Clients
Cities of San Clemente,
Encinitas, Solana Beach,
Coronado, Imperial Beach,
Carlsbad, and Del Mar
SANDAG, BEACON, County of
Orange (in process), County of
Los Angeles (in process)
Cost
Varied
89 Project Summary
Shoreline Monitoring and Coastal Engineering for the City of San Clemente Coastal Frontiers and Moffatt & Nichol have supported
coastal engineering and shoreline monitoring projects for the City of San Clemente for over 20 years. Coastal
Frontiers established the City beach monitoring program in 2001 to build a sustainable database of nearshore beach changes in the San Clemente vicinity, thereby providing a basis for evaluating the impacts of natural events (e.g., El Niño conditions or sea level rise) and human intervention (e.g., beach nourishment or nature-based adaption).

Data from the monitoring program have been used to support numerous coastal projects, including: USACE Storm Damage and Shoreline Protection Project; Coastal Trail Access Points; North Beach Sand Replenishment Projects; Marine Safety Building Refurbishment/Relocation Studies; and Coastal Resiliency Initiatives.

The data were critical in evaluating historic shoreline evolution within the City of San Clemente as part of the ongoing Nature Based Resilience Project, led by Moffatt & Nichol, and were used to develop design criteria for the Coastal Trail Access Points, including the oceanographic site conditions (25-yr and 100-yr events), beach profile response to storms, and wave runup and overtopping at access way locations.

Firms
Coastal Frontiers Corporation
Moffatt & Nichol
Client
City of San Clemente
Cost
Varied
Shoreline Monitoring at San Clemente City Beach (October 2022) 90 Project Summary
San Diego Association of Governments (SANDAG) Regional Beach Sand Project II Between 2018 and 2013, Coastal Frontiers Corporation,
Moffatt & Nichol, and Merkel & Associates supported
successful completion of SANDAG’s Regional Beach
Sand Project II (RBSP II). The objective of RBSP II was to replicate, to the extent possible given new conditions, the successful 2001 Regional Beach Sand Project I, which placed sand at 12 regional beaches. The project team, led by Moffatt & Nichol, conducted a variety of tasks that
included offshore sand exploration, evaluation/expansion of receiver sites, evaluation of project alternatives,
preparation of cost estimates, schedule, and construction phasing, environmental document preparation pursuant to CEQA/NEPA, obtaining federal, state, & local permits and regulatory approvals, and preparation of final construction documents.

Coastal Frontiers provided oceanographic & coastal
engineering support, including analysis of El Niño
impacts on shoreline changes, nourishment project
planning/implementation, & monitoring of results.

Coastal Frontiers was also tasked with conducting preand post-construction surveys of nourishment material at the receiver & borrow sites. Since 1996, Coastal
Frontiers has monitored San Diego-area beach
conditions to document shorezone changes, providing
a basis for evaluating impacts of natural events &
human intervention. Since completion of RBSP II
nourishment activities in 2012, specific focus has been placed on nourishment material fate.

Merkel & Associates served as the project biological
consultant and provided environmental
documentation, regulatory support, and biological
monitoring. Merkel & Associates conducted surveys
to update the baseline conditions, assisted in sediment characterization, assisted in preparation of the marine biological resources assessment, provided environmental/regulatory support, prepared the monitoring plan, provided permit negotiation assistance, and provided environmental monitoring prior to, during, & following construction.

Firms
Coastal Frontiers Corporation
Moffatt & Nichol
Merkel & Associates
Client
SANDAG
Cost
$500,000
91 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal Attachment C: Detailed Cost Estimate for Phase 1
No. Labor Hrs ODC Total Costs

1.1 192 $ - $ 41,124.00

1.2 63 $ - $ 14,926.00

1.3 46 $ - $ 10,732.00

1.4 294 $ 1,253.17 $ 70,033.17

1.5 120 $ - $ 28,690.00
- 18 $ - $ 3,380.00
Totals = ' 733 $ 1,253.17 $ 168,885.17
Sub-Consultant Markup (10%) = $ 9,563.24
GRAND TOTAL $178,448.41
Labor Hrs ODC Total Cost % of Task Order
300 $ 636.77 $ 73,252.77 43.4%
192 $ 294.80 $ 61,664.80 36.5%
241 $ 321.60 $ 33,967.60 20.1%
Totals = ' 733 $ 1,253.17 $ 168,885.17 100.0%
Sub-Consultant Markup (10%) = $ 9,563.24
$ 178,448.41
Consultant: Coastal Frontiers Corporation
Table 1 - Task Summary
Description
Reporting and Meetings

GRAND TOTAL
Table 2 - Consultant / Subconsultant Summary

COST ESTIMATE
Sub-Consultants: Moffatt & Nichol, Merkel & Associates, Inc.

Consultant / Subconsultant
Coastal Frontiers Corporation
Moffatt & Nichol
Receiver Site Evaluation
Receiver Site Selection
Project Administration
Merkel & Associates, Inc.

As-Needed Support (Optional)
Future Studies
Project: City of San Clemente SCOUP Plan - Phase 1
92 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal

DETAILED COST ESTIMATE
Costs = 168,885.17 $
Sub Markup = 9,563.24 $ Firm: All
Total Costs = 178,448.41 $ Project: City of San Clemente SCOUP Plan - Phase 1 CFC M&N Merkel CFC M&N Merkel
Task Description ------

1.1 Receiver Site Evaluation

1.11 Data Gathering CF MA 4,640.00 $ - $ 2,272.00 $ - $ - $ - $ 6,912.00 $ - $ 6,912.00 $

1.12 Vulnerability Assessment CF MN 8,560.00 $ 3,620.00 $ - $ - $ - $ - $ 12,180.00 $ - $ 12,180.00 $ 1.13 Construction Feasibility CF MN 1,042.00 $ 6,000.00 $ - $ - $ - $ - $ 7,042.00 $ - $ 7,042.00 $ 1.14 Biological and Regulatory Constraints MN MA - $ 1,240.00 $ 6,432.00 $ - $ - $ - $ 7,672.00 $ - $ 7,672.00 $

1.15 Ranking Matrix CF MN MA 3,852.00 $ 2,330.00 $ 1,136.00 $ - $ - $ - $ 7,318.00 $ - $ 7,318.00 $ Subtotals (Labor) = 18,094.00 $ 13,190.00 $ 9,840.00 $ - - - 41,124.00 $ Subtotals (ODC) = - - - - $ - $ - $ - $

1.2 Receiver Site Selection

1.21 Draft selection CF MN MA 2,872.00 $ 1,910.00 $ 1,136.00 $ - $ - $ - $ 5,918.00 $ - $ 5,918.00 $

1.22 City Meeting (Virtual) CF MN MA 3,852.00 $ 1,340.00 $ 710.00 $ - $ - $ - $ 5,902.00 $ - $ 5,902.00 $

1.23 Final selection CF MN MA 1,532.00 $ 1,290.00 $ 284.00 $ - $ - $ - $ 3,106.00 $ - $ 3,106.00 $ Subtotals (Labor) = 8,256.00 $ 4,540.00 $ 2,130.00 $ - - - 14,926.00 $ Subtotals (ODC) = - - - - $ - $ - $ - $

1.3 Future Studies

1.31 Design Data CF 3,300.00 $ - $ - $ - $ - $ - $ 3,300.00 $ - $ 3,300.00 $

1.32 Environmental Studies (CEQA/NEPA) MN - $ 5,160.00 $ - $ - $ - $ - $ 5,160.00 $ - $ 5,160.00 $ 1.33 Biological Studies MA - $ - $ 2,272.00 $ - $ - $ - $ 2,272.00 $ - $ 2,272.00 $ Subtotals (Labor) = 3,300.00 $ 5,160.00 $ 2,272.00 $ - - - 10,732.00 $ Subtotals (ODC) = - - - - $ - $ - $ - $

1.4 Reporting and Meetings

1.41 Draft CF MN MA 15,160.00 $ 6,450.00 $ 4,968.00 $ - $ - $ - $ 26,578.00 $ - $ 26,578.00 $

1.42 Final CF MN MA 4,832.00 $ 4,490.00 $ 1,656.00 $ - $ - $ - $ 10,978.00 $ - $ 10,978.00 $

1.43 Meetings (up to 4) CF MN MA 10,904.00 $ 14,640.00 $ 5,680.00 $ 636.77 $ 294.80 $ 321.60 $ 31,224.00 $ 1,253.17 $ 32,477.17 $ Subtotals (Labor) = 30,896.00 $ 25,580.00 $ 12,304.00 $ - - - 68,780.00 $ Subtotals (ODC) = - - - 636.77 $ 294.80 $ 321.60 $ 1,253.17 $

1.5 As-Needed Support (Optional)

1.51 As-Needed Support CF MN MA 10,110.00 $ 12,900.00 $ 5,680.00 $ - $ - $ - $ 28,690.00 $ - $ 28,690.00 $ Subtotals (Labor) = 10,110.00 $ 12,900.00 $ 5,680.00 $ - - - 28,690.00 $ Subtotals (ODC) = - - - - $ - $ - $ - $
- Project Administration
- Administration CF MN MA 1,960.00 $ - $ 1,420.00 $ - $ - $ - $ 3,380.00 $ - $ 3,380.00 $ Subtotals (Labor) = 1,960.00 $ - $ 1,420.00 $ - - - 3,380.00 $ Subtotals (ODC) = - - - - $ - $ - $ - $
168,885.17 $ 100.0%
72,616.00 $ 61,370.00 $ 33,646.00 $ - - - 167,632.00 $ - - - - 636.77 $ 294.80 $ 321.60 $ - 1,253.17 $

43.0% 36.3% 19.9% 0.4% 0.2% 0.2% 99.3% 0.7% 100.0%

24.4%

8.8%6.4%

41.5%17.0%

2.0%
Percentage of Total =
14,926.00 $ 10,732.00 $ 70,033.17 $ 28,690.00 $
3,380.00 $
Grand Total
168,885.17 $
41,124.00 $
Summary
Total (Labor) =
Total (ODC) =
Lead & Support
(CF,MN,MA)
Enter task numbers, descriptions, and roles in green cells % of
Total
Cost
Total
Cost
Labor ODC
Total Labor
Cost
Total ODC
Cost
93 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal

DETAILED COST ESTIMATE
Total Hours = 300 Firm:Total Costs = $73,252.77 Project: City of San Clemente SCOUP Plan - Phase 1 Principal
Engineer
Assoc.

Principal
Engineer
Senior
Engineer/
Scientist
Engineer/
Scientist II
Engineer/
Scientist I Technician
Word
Processor /
Drafter
Support
Services
Task Description ODC's 276.00 $ 245.00 $ 219.00 $ 197.00 $ 184.00 $ 128.00 $ 98.00 $ 88.00 $ Hours Costs

1.1 Receiver Site Evaluation

1.11 Data Gathering CF MA - $ 48 8 20 4,640.00 $ 4,640.00 $

1.12 Vulnerability Assessment CF MN - $ 4 24 8 36 8,560.00 $ 8,560.00 $

1.13 Construction Feasibility CF MN - $ 22 4 1,042.00 $ 1,042.00 $ 1.14 Biological and Regulatory Constraints MN MA - $ 0- $ - $

1.15 Ranking Matrix CF MN MA - $ 48 4 16 3,852.00 $ 3,852.00 $ 14 42 0 20 0 0 0 0
- $ 3,864.00 $ 10,290.00 $ - $ 3,940.00 $ - $ - $ - $ - $

1.2 Receiver Site Selection

1.21 Draft selection CF MN MA - $ 44 4 12 2,872.00 $ 2,872.00 $

1.22 City Meeting (Virtual) CF MN MA - $ 48 4 16 3,852.00 $ 3,852.00 $

1.23 Final selection CF MN MA - $ 24 6 1,532.00 $ 1,532.00 $ 10 16 0 8 0 0 0 0
- $ 2,760.00 $ 3,920.00 $ - $ 1,576.00 $ - $ - $ - $ - $

1.3 Future Studies

1.31 Design Data CF - $ 28 4 14 3,300.00 $ 3,300.00 $

1.32 Environmental Studies (CEQA/NEPA) MN - $ 0- $ - $

1.33 Biological Studies MA - $ 0- $ - $
28040000
- $ 552.00 $ 1,960.00 $ - $ 788.00 $ - $ - $ - $ - $

1.4 Reporting and Meetings

1.41 Draft CF MN MA - $ 8 40 16 64 15,160.00 $ 15,160.00 $

1.42 Final CF MN MA - $ 4 12 4 20 4,832.00 $ 4,832.00 $

1.43 Meetings (up to 4) CF MN MA 636.77 $ 4 40 44 10,904.00 $ 11,540.77 $ 16 92 0 20 0 0 0 0
636.77 $ 4,416.00 $ 22,540.00 $ - $ 3,940.00 $ - $ - $ - $ - $

1.5 As-Needed Support (Optional)

1.51 As-Needed Support CF MN MA - $ 10 30 40 10,110.00 $ 10,110.00 $ 10 30 0 0 0 0 0 0
- $ 2,760.00 $ 7,350.00 $ - $ - $ - $ - $ - $ - $
- Project Administration
- Administration CF MN MA - $ 8 8 1,960.00 $ 1,960.00 $ Project Administration 08000000
- $ - $ 1,960.00 $ - $ - $ - $ - $ - $ - $
300 72,616.00 $ 73,252.77 $
Summary
- 52 196 0 52 0 0 0 0 300
636.77 $ 14,352.00 $ 48,020.00 $ - $ 10,244.00 $ - $ - $ - $ - $ 72,616.00 $ 73,252.77 $ - 17.3% 65.3% 0.0% 17.3% 0.0% 0.0% 0.0% 0.0% 100.0%

0.9% 19.6% 65.6% 0.0% 14.0% 0.0% 0.0% 0.0% 0.0% 99.1% 100.0% Enter hours in green cells
Enter rates in yellow cells
Coastal Frontiers Corporation
Labor (Hours)
ODC's entered on next tab
Lead & Support
(CF,MN,MA)

11.3% 11.3%

4.7% 4.5%

42.7% 43.0%13.3% 13.8%
Total
Hours
7640
18,094.00 $
3414 3,300.00 $
1,960.00 $ 2.7%
128 31,532.77 $

2.7%
Total
Labor
1,960.00 $
10,110.00 $ 30,896.00 $
3,300.00 $ 8,256.00 $
18,094.00 $
Total Cost
(Labor + ODC)
Percent of Total

25.3% 24.7%
10,110.00 $
8,256.00 $
Total (Hours) =
Total (Costs) =
% of Total (Hours) =
% of Total (Costs) =
8 Grand Total
94 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal

DETAILED COST ESTIMATE
Total Hours = 192 Firm:Total Costs = $61,664.80 Project: City of San Clemente SCOUP Plan - Phase 1 Principal
Eng/Sci
Supervisory
Eng/Sci Senior Eng/Sci Eng/Sci-3 Eng/Sci-2 Eng/Sci-1 Staff Eng/Sci Staff Eng/Sci Task Description ODC's 335.00 $ 310.00 $ 280.00 $ 260.00 $ 240.00 $ 210.00 $ 190.00 $ 150.00 $ Hours Costs

1.1 Receiver Site Evaluation

1.11 Data Gathering CF MA - $ 0- $ - $ 1.12 Vulnerability Assessment CF MN - $ 44 4 12 3,620.00 $ 3,620.00 $

1.13 Construction Feasibility CF MN - $ 84 8 20 6,000.00 $ 6,000.00 $

1.14 Biological and Regulatory Constraints MN MA - $ 4 4 1,240.00 $ 1,240.00 $

1.15 Ranking Matrix CF MN MA - $ 22 4 8 2,330.00 $ 2,330.00 $ 14 14 0 16 0 0 0 0
- $ 4,690.00 $ 4,340.00 $ - $ 4,160.00 $ - $ - $ - $ - $

1.2 Receiver Site Selection

1.21 Draft selection CF MN MA - $ 24 6 1,910.00 $ 1,910.00 $ 1.22 City Meeting (Virtual) CF MN MA - $ 4 4 1,340.00 $ 1,340.00 $ 1.23 Final selection CF MN MA - $ 22 4 1,290.00 $ 1,290.00 $ 86000000
- $ 2,680.00 $ 1,860.00 $ - $ - $ - $ - $ - $ - $

1.3 Future Studies

1.31 Design Data CF - $ 0- $ - $ 1.32 Environmental Studies (CEQA/NEPA) MN - $ 88 16 5,160.00 $ 5,160.00 $

1.33 Biological Studies MA - $ 0- $ - $
88000000
- $ 2,680.00 $ 2,480.00 $ - $ - $ - $ - $ - $ - $

1.4 Reporting and Meetings

1.41 Draft CF MN MA - $ 10 10 20 6,450.00 $ 6,450.00 $

1.42 Final CF MN MA - $ 68 14 4,490.00 $ 4,490.00 $

1.43 Meetings (up to 4) CF MN MA 294.80 $ 40 4 44 14,640.00 $ 14,934.80 $ 56 22 0 0 0 0 0 0
294.80 $ 18,760.00 $ 6,820.00 $ - $ - $ - $ - $ - $ - $

1.5 As-Needed Support (Optional)

1.51 As-Needed Support CF MN MA - $ 20 20 40 12,900.00 $ 12,900.00 $ 20 20 0 0 0 0 0 0
- $ 6,700.00 $ 6,200.00 $ - $ - $ - $ - $ - $ - $
- Project Administration
- Administration CF MN MA - $ 0- $ - $
Project Administration 00000000
- $ - $ - $ - $ - $ - $ - $ - $ - $
192 61,370.00 $ 61,664.80 $
Summary
- 106 70 0 16 0 0 0 0 192
294.80 $ 35,510.00 $ 21,700.00 $ - $ 4,160.00 $ - $ - $ - $ - $ 61,370.00 $ 61,664.80 $ - 55.2% 36.5% 0.0% 8.3% 0.0% 0.0% 0.0% 0.0% 100.0%

0.5% 57.6% 35.2% 0.0% 6.7% 0.0% 0.0% 0.0% 0.0% 99.5% 100.0% Enter hours in green cells
Enter rates in yellow cells
ODC's entered on next tab
Moffatt & Nichol
Labor (Hours)
Total Cost
(Labor + ODC)
Percent of Total
44 13,190.00 $ 22.9% 21.4%
Total
Hours
4,540.00 $ 7.3% 7.4%
16 5,160.00 $ 8.3% 8.4%
25,874.80 $ 40.6% 42.0%
40 12,900.00 $ 20.8% 20.9%
- $ 0.0% 0.0%
Grand Total
- $
Total (Costs) =
% of Total (Hours) =
% of Total (Costs) =
Total
Labor
13,190.00 $
4,540.00 $ 5,160.00 $
25,580.00 $ 12,900.00 $
1478
0 Lead & Support
(CF,MN,MA)
Total (Hours) =
95 City of San Clemente Sand Compatibility and Opportunistic Use Program, Phase 1 Proposal

DETAILED COST ESTIMATE
Total Hours = 241 Firm:Total Costs = $33,967.60 Project: City of San Clemente SCOUP Plan - Phase 1 Senior
Biologist GIS Technician
Task Description ODC's 142.00 $ 118.00 $ Hours Costs

1.1 Receiver Site Evaluation

1.11 Data Gathering CF MA - $ 16 16 2,272.00 $ 2,272.00 $

1.12 Vulnerability Assessment CF MN - $ 0- $ - $

1.13 Construction Feasibility CF MN - $ 0- $ - $

1.14 Biological and Regulatory Constraints MN MA - $ 32 16 48 6,432.00 $ 6,432.00 $

1.15 Ranking Matrix CF MN MA - $ 8 8 1,136.00 $ 1,136.00 $ 56 16 0 0 0 0 0 0
- $ 7,952.00 $ 1,888.00 $ - $ - $ - $ - $ - $ - $

1.2 Receiver Site Selection

1.21 Draft selection CF MN MA - $ 8 8 1,136.00 $ 1,136.00 $ 1.22 City Meeting (Virtual) CF MN MA - $ 5 5 710.00 $ 710.00 $ 1.23 Final selection CF MN MA - $ 2 2 284.00 $ 284.00 $ 15 0 0 0 0 0 0 0
- $ 2,130.00 $ - $ - $ - $ - $ - $ - $ - $

1.3 Future Studies

1.31 Design Data CF - $ 0- $ - $

1.32 Environmental Studies (CEQA/NEPA) MN - $ 0- $ - $

1.33 Biological Studies MA - $ 16 16 2,272.00 $ 2,272.00 $ 16 0 0 0 0 0 0 0
- $ 2,272.00 $ - $ - $ - $ - $ - $ - $ - $

1.4 Reporting and Meetings

1.41 Draft CF MN MA - $ 30 6 36 4,968.00 $ 4,968.00 $

1.42 Final CF MN MA - $ 10 2 12 1,656.00 $ 1,656.00 $

1.43 Meetings (up to 4) CF MN MA 321.60 $ 40 40 5,680.00 $ 6,001.60 $ 80 8 0 0 0 0 0 0
321.60 $ 11,360.00 $ 944.00 $ - $ - $ - $ - $ - $ - $

1.5 As-Needed Support (Optional)

1.51 As-Needed Support CF MN MA - $ 40 40 5,680.00 $ 5,680.00 $ 40 0 0 0 0 0 0 0
- $ 5,680.00 $ - $ - $ - $ - $ - $ - $ - $
- Project Administration
- Administration CF MN MA - $ 10 10 1,420.00 $ 1,420.00 $ Project Administration 10 0 0 0 0 0 0 0
- $ 1,420.00 $ - $ - $ - $ - $ - $ - $ - $
241 33,646.00 $ 33,967.60 $
Summary
- 217 24 0 0 0 0 0 0 241
321.60 $ 30,814.00 $ 2,832.00 $ - $ - $ - $ - $ - $ - $ 33,646.00 $ 33,967.60 $ - 90.0% 10.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 100.0%

0.9% 90.7% 8.3% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 99.1% 100.0% Enter hours in green cells
Enter rates in yellow cells
ODC's entered on next tab
Merkel & Associates, Inc.

Labor (Hours)
Total Cost
(Labor + ODC)
Percent of Total
72 9,840.00 $ 29.9% 29.0%
Total
Hours
2,130.00 $ 6.2% 6.3%
16 2,272.00 $ 6.6% 6.7%
12,625.60 $ 36.5% 37.2%
40 5,680.00 $ 16.6% 16.7%
1,420.00 $ 4.1% 4.2%
Grand Total
1,420.00 $
Total (Costs) =
% of Total (Hours) =
% of Total (Costs) =
Total
Labor
9,840.00 $ 2,130.00 $ 2,272.00 $
12,304.00 $
5,680.00 $
158810
Lead & Support
(CF,MN,MA)
Total (Hours) =
96 ATTACHMENT 2
RESOLUTION NO. 24-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A
PROFESSIONAL SERVICES AGREEMENT FOR PHASE 1

OF THE SAND COMPATIBILITY AND OPPORTUNISTIC

USE PROGRAM, WITH COASTAL FRONTIERS
..body
WHEREAS, coastal erosion is a very significant problem in the City of San Clemente that threatens the public beaches and coastal public access, key public facilities, existing structures, and critical public infrastructure; and WHEREAS, the City is actively developing a comprehensive, citywide coastal resiliency strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach in the City; and
WHEREAS, the City of San Clemente previously had a Sand Compatibility and Opportunistic Use Program (SCOUP) in place from 2005-2016 however all regulatory approvals have since lapsed; and
WHEREAS, in February 2024, the City Council directed staff to take all steps necessary to re-establish a SCOUP program in the City; and WHEREAS, having a SCOUP program in place will be an important coastal resiliency tool to ensure the City is ready to take advantage of any and all opportunities to place opportunistically available beach quality sediments on the City’s beaches; and WHEREAS, SCOUP is consistent with Federal, Statewide, regional, and local shoreline management goals which recognize the importance of public beach restoration along the South Orange County shoreline as the preferred method of addressing the critical coastal erosion problems caused by an overall lack of sediment supply; and WHEREAS, in the absence of a SCOUP program, continued erosion and loss of the sandy beach is expected to occur; and
WHEREAS, staff solicited proposals from experienced firms to provide technical expertise and support to assist the City in its efforts to re-establish SCOUP; and WHEREAS, Coastal Frontiers Corporation compiled a team of technical experts representing the most qualified technical professionals in the region and submitted a proposal for purposes of initiating the process of restarting SCOUP; and NOW THEREFORE, the City Council of the City of San Clemente, California, does hereby find, determine, and resolve as follows:

1. That the foregoing recitations are true, correct, and incorporated herein; 97 Resolution No. 24-69 Page 2
4890-6752-0111 v4

2. That the City Council desires to re-establish SCOUP;

3. That Coastal Frontiers assembled a qualified team of experts able to assist the City in a technical capacity to support the City in re-establishing SCOUP in an expedited manner, was the only company that submitted a proposal, are qualified to perform the services and their price is fair and reasonable;

4. That Coastal Frontiers Corporation is hereby awarded a professional services agreement to provide technical assistance to the City in support of the first phase in re-establishment of SCOUP in San Clemente;

5. That the City Manager, or his designee, is authorized and directed to execute an agreement with Coastal Frontiers Corporation in an amount not to exceed $178,449 for Phase 1 and in a form substantially similar to that presented to the City Council on May 7, 2024;

6. That City staff is authorized and directed to take such other and further actions as are necessary and proper to fulfill the purpose and intent of this resolution and proceed with the first phase in re-establishment of SCOUP of conducting an opportunities and constraints analysis to define the areas of the City where opportunistically available beach compatible sediment can or should be placed; and

7. That the City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this 7
th day of May, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
98 Resolution No. 24-69 Page 3
4890-6752-0111 v4

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. 24-69 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and Coastal Frontiers Corporation, a California corporation, with its principal place of business at 882 A Patriot Drive, Moorpark, CA 93021 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional coastal consulting services for Phase 1 of the Preparation of Sand Compatibility and Opportunistic Use Program (SCOUP) project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from May 7, 2024 to November 7, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on 100
2 55452.01100\31193624.5
behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

3.2.2 PERS Eligibility and Employee Payments Indemnification. In the event that Consultant's employee providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions that would otherwise be the responsibility of the City. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant's employees providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contributions to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consultant agrees to defend and indemnify the City for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the PERS, social security, salary or wages, overtime payment, or workers’ compensation payment that the City may be required to make for work done under this Agreement. The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or termination of this Agreement.

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

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

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

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant 101
3 55452.01100\31193624.5
cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Christopher Scott, Associate Principal Engineer.

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

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

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

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

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

3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in 102
4 55452.01100\31193624.5
compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred seventy eight thousand four hundred forty eight dollars and forty one cents ($178,448.41) without written approval of the City Council or City Manager as applicable.

Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may 103
5 55452.01100\31193624.5
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

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

3.3.6 Labor Code Requirements.

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

3.3.6.2 Registration. If the Services are being performed as part of an applicable “public works” or “maintenance” project, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code sections 1725.5 and 1771.1 shall not apply to Services performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code sections 1725.5 and 1771.1.

3.4 Accounting Records.

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

3.5 General Provisions.

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

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

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

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

Consultant: Coastal Frontiers Corporation
882 A Patriot Drive
Moorpark, CA 93021
ATTN: Gregory Hearon
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided 105
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that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 106
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3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

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

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

3.5.16 No Third-Party Beneficiaries. There are no intended third party 107
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beneficiaries of any right or obligation assumed by the Parties.

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

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

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

3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.22 Counterparts/Electronic Signatures. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement may be signed with the same force and effect as original ink signatures.

3.6 Subcontracting.

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

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 20____
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Coastal Frontiers Corporation, a
California corporation
(“CONSULTANT”)
By:_____________________________
Gregory Hearon, CEO/CFO
Dated: __________________, 20____
By:_____________________________
Craig B. Leidersdorf, Secretary
Dated: __________________, 20____
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”):

Task 1.1: Receiver Site Evaluation
Consultant will evaluate each of the City’s beaches to determine which are most suitable for inclusion in the SCOUP plan. The evaluation will be based on existing and available physical and environmental data/studies, such as the environmental documents prepared as part of the City’s original SCOUP Plan, the City’s shoreline monitoring data, the ongoing City of San Clemente Nature-Based Adaptation Project Feasibility Study, and environmental and biological monitoring data obtained as part of the U.S. Army Corps of Engineers’ San Clemente Shoreline Project. Consultant will use the data to develop a ranking matrix based on the relative vulnerability of each site, construction feasibility, the potential benefit to downcoast beaches, and the potential effects on biological and surfing resources.

Task 1.2: Receiver Site Selection
Consultant will review the ranking matrix developed as part of Task 1.1 with City Staff to determine those sites to be included in Phase 2 of the project.

Task 1.3: Future Studies
Consultant will identify the technical and environmental studies needed to satisfy CEQA and permit acquisition. Consultant will prepare a scope of work and cost estimate to complete each study along with the scope and estimated fee to complete Phase 2 of the project.

Task 1.4: Reporting and Meetings
Consultant will summarize the results of Tasks 1.1 through 1.3 in a technical report. The report will include a summary of the data and studies used for Phase 1, the sites selected for SCOUP and basis for selection, and future steps to be undertaken in Phases 2 through 4. Consultant will deliver a draft report to the City for review and comments. Consultant will deliver the final report following up to two rounds of comments.

Members of the Consultant’s Project Team will present the study findings and recommendations in a meeting that includes the City Council, City Manager, and/or employee groups. The Consultant’s Project Team will also participate in up to three general meetings open to the public. All meetings are to be in-person unless otherwise requested by the City.

Task 1.5: As-Needed Support
The Consultant’s Project Team will provide up to 120 hours of as-needed support to assist the City with obtaining permits for an emergency beach nourishment project similar to that conducted by the County of Orange at Capistrano Beach Park and Doheny State Beach in 2023.

Work under this task will not be undertaken without prior written approval from the City. 110
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the Services to the City’s satisfaction. The Scope of Work for Phase 1 (Tasks 1.1 through 1.4) will be completed within six months of notice to proceed. A detailed schedule to complete each task is provided in the table below.

Table 2. Phase 1 Schedule
Task Item Completion Date

1.1 Kickoff Meeting
Receiver Site Evaluation
Memorandum
May 9, 2024
June 21, 2024
June 28, 2024

1.2 Meeting with City Staff to Review
Receiver Site Selection
Memorandum
July 9, 2024
July 12, 2024

1.3 Identify future studies and develop scope
and cost
Memorandum
August 23, 2024
August 30, 2024

1.4 Draft Report
Respond to Comments (2 rounds)
Final Report
October 11, 2024
October 25, 2024
November 1, 2024

1.5 As-Needed Support TBD
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 112
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

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

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

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

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 113
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.
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3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance.

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

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant on a time and materials basis for actual work performed based on the following hourly rates:

Consultant’s total compensation under this Agreement shall not exceed $178,448.41 and shall be based on the following maximum costs by task:

There are no reimbursable expenses under this Agreement. 116
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
118
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: May 7, 2024 Agenda Item: 9D.

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

REVIEW OF CITY COUNCIL AGENDA TEMPLATE WITH CONSIDERATION OF MOVING COUNCILMEMBER REPORTS ..body
Fiscal Impact:

None.

Summary:

At its meeting of April 16, 2024, the City Council re-organized the agenda to hear City Councilmember reports at the beginning rather than the end of the meeting. Having City Councilmember reports earlier in the meeting provides an opportunity for Councilmembers to inform the community on important topics such as sand replenishment updates, meeting attendance and other items that may be of interest to the community. The City Council may wish to consider making a change to the agenda template to permanently move up City Councilmember reports.

Background:

The current City Council Policy 1201-11 section 4.5.2 establishes that the agenda template be approved by a majority vote of the Council or by the City Manager on a case-by-case basis.

Currently, the agenda template has City Councilmember reports at the end of the meeting.

If the City Council desires to modify the agenda template to have City Councilmember reports immediately follow Oral Communications Part 1, that would provide an opportunity for the City Council to inform the community on important topics of community interest. With City Council meetings having a higher attendance average earlier in the meetings, moving Councilmember Reports to follow Oral Communications Part 1, may provide the community with more convenience to attend this part of the meeting.

Council Options:
 Direct the City Clerk to update the agenda template to have Councilmember Reports follow Oral Communications Part 1.
 Direct the City Clerk to have Councilmember Reports at a different location on the agenda template.
 Take no action and keep Councilmember Reports at the end of the meeting. 119
Meeting Date: May 7, 2024 Agenda Item: 9D.

CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
If the City Council determines to re-organize the agenda template to have Councilmember Reports follow Oral Communications Part 1, direct the City Clerk to update the agenda template accordingly.
..end
Attachment:

1. Proposed agenda template

2. Policy 1201-11
Notification:

None.
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Page 1 of 4 ends

CITY OF SAN CLEMENTE
DATE City Council
Regular Meeting Agenda
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Duncan
Mayor Pro Tem Knoblock
Councilmember Cabral
Councilmember Enmeier
Councilmember Loeffler
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item . Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

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

Page 2 of 4 ends

CLOSED SESSION (5:00 P.M.)
BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations

2. Oral Communications
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. A total time limitation of 30 minutes is allocated for Oral Communications, 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 will be invited to address Council during Oral Communications (Continued), which if it occurs, will be taken up after item 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.

Subject to very limited exceptions, Council is not permitted to discuss or take action on items that do not appear on the agenda.

3. Councilmember Reports

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

5. 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.

6. Closed Session Report - City Attorney

7. Staff Communications

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

9. Unfinished Business

10. New Business
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City Council Regular Meeting Agenda

Page 3 of 4 ends

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

A. City Council Minutes
Staff Recommendation:

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:

C. Warrant Register
Payroll Register

12. Oral Communications
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.

13. Future Agenda Items

14. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. City Attorney
D. City Manager

15. Adjournment
The next Regular Council Meeting is scheduled to take place on [DATE]. 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.

Items to be Considered at a Future Meeting
Tentative Meeting Date: Agenda Item
123
City Council Regular Meeting Agenda

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CITY COUNCIL MEETING PROCEDURES

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.

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

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.
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ATTACHMENT 2
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127
128
129
130
131
132
133
134
135
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: May 7, 2024 Agenda Item: (1)
136
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, April 16, 2024
City Council
Special and Regular Meeting Minutes
5:30 p.m. - Closed Session (Special Meeting)
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on April 16, 2024 at 5:30 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

CLOSED SESSION
Motion by Councilmember Duncan, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to recess to Closed Session at 5:31 p.m. to discuss the following:

A. PERFORMANCE EVALUATION OF CITY ATTORNEY PURSUANT TO
GOVERNMENT CODE SECTION 54857(b)(1)&(4)
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None

BUSINESS MEETING
The meeting reconvened at 6:02 p.m. with all Councilmembers present.

INVOCATION
Reverend Dale Rosenberger, San Clemente Presbyterian Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Mayor Cabral led the Pledge of Allegiance.

Meeting Reorganization
Council agreed unanimously to hear item 13C Councilmember Reports before

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137
City Council Special and Regular Meeting Minutes April 16, 2024 Special Presentations.

Councilmember Reports
50th Anniversary of Being a Sworn Police Officer
Councilmember Loeffler displayed photographs celebrating his 50 year anniversary of being sworn in as a Los Angeles Police Department Police Officer. A hard copy of the photographs are on file with the City Clerk.

US Army Corps of Engineers Sand Project Update
Mayor Cabral provided an update on the United States Army Corps of Engineers sand project; acknowledged state and federal legislators in their support of San Clemente and obtaining sand for the beaches.

Park Semper Fi Battle of Ramadi 20-Year Anniversary Memorial Ceremony Mayor Cabral and Mayor Pro Tem Enmeier reported on their attendance at Park Semper Fi in recognition of the 20-year anniversary of the Battle of Ramadi.

Orange County Transportation Authority (OCTA) Listening Session on Coastal Rail Resiliency
Councilmember Duncan reported his attendance and participation at the OCTA listening session concerning Coastal Rail Resiliency.

Orange County Sheriff's Department Community Meeting Concerning Fentanyl
Councilmember Duncan reported on his attendance and participation in a community meeting with Orange County Sheriff Barnes concerning fentanyl.

California Coastal Commission
Councilmember Duncan reported on his attendance and participation at the California Coastal Commission meeting.

Vegan Pop-up Market
Councilmember Loeffler reported that the North Beach Community Association holds a vegan pop-up market on the first Saturday of every month.

Orange County Fire Authority Station 60 Ride Along
Mayor Pro Tem Enmeier reported that he participated in a ride along with Orange County Fire Authority Station 60.

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City Council Special and Regular Meeting Minutes April 16, 2024

1. Special Presentations
A. FY 2023-2024 2ND QUARTER AND MID-YEAR BUDGET ADJUSTMENTS Financial Services Officer Rahn narrated a PowerPoint presentation entitled "Mid-Year Financial Report FY 2023-24 as of December 31, 2023. A hard copy of the presentation is on file with the City Clerk.

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

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”.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. EMPLOYEE SERVICE AWARDS
City Manager Hall recognized the 2024 Core Values Award Recipients: Brant Barrah, Kade Boisseranc, Dave Loflin, Marilyn Mares and Scott Pierce; recognized Thomas Evans for 35 years of service to the City and Scott Pierce as the 2024 Employee of the Year.

2. Oral Communications (Part 1)
Amanda Q narrated a PowerPoint presentation entitled CRRS. A hard copy of the presentation is on file with the City Clerk.

Gary Headrick displayed a photograph concerning a documentary on the San Onofre Nuclear Generating Station. A hard copy of the photograph is on file with the City Clerk.

Reva Wright Buck, San Clemente, reported that Calle Felicidad residents are requesting a meeting with City staff concerning enforcement of Broadmoor's conditions of approval.

Habib Hosseiny, San Clemente, invited City Councilmembers to a teacher appreciation luncheon; urged the City to partner with the San Clemente Baha'i Center to expand its teacher appreciation recognition in 2025. A hard copy of the invitation is on file with the City Clerk.

Suzie Lantz, San Clemente Chamber of Commerce, provided an update on the Chamber meeting schedule and upcoming events.

Suzie Whitelaw, Save our Beaches San Clemente, narrated a PowerPoint

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139
City Council Special and Regular Meeting Minutes April 16, 2024 presentation concerning the possibility of Orange County Transportation Authority armoring of the railroad tracks through San Clemente. A hard copy of the presentation is on file with the City Clerk.

Mike Kay, San Clemente, commented on sea-level rise as it relates to the placement of reventments on San Clemente beaches.

John Tilton commented on Pickleball and the importance of access to the community.

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

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

4. Consideration of agendizing items requiring immediate action None.

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

Council gave direction; no reportable action concerning:

A. Performance Evaluation of City Attorney Pursuant to Government Code section 54857(b)(1)&(4).

6. Staff Communications
City Manager Hall provided an update concerning the mobilization of equipment for the United States Army Corps of Engineers sand replenishment project.

Page 4 of 21 ends

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City Council Special and Regular Meeting Minutes April 16, 2024

7. Public Hearings
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
Mayor Cabral opened the Public Hearing.

Beaches, Parks and Recreation Director Wylie narrated a PowerPoint presentation entitled "Public Hearing: Fees for Play at Pickleball Facilities" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Patricia Wines, San Clemente, spoke in opposition to pickleball courts at the current location in San Gorgonio Park; spoke in support of pickleball fees.

Marty Weinberg, USA Pickleball Ambassador, expressed concerns regarding the proposed height of lighting; commented on fundraising tournaments and potential fees be earmarked for pickleball maintenance and expansion.

Clark Fielding, San Clemente, spoke in opposition to fees for pickleball.

Chelsea Allen, San Clemente, spoke in opposition to fees for pickleball; submitted a petition of individuals in opposition to pickleball fees. A hard copy of the petition is on file with the City Clerk.

Elaine Cooke, San Clemente, spoke in opposition to pickleball fees.

Raudel Barba, San Clemente, spoke in opposition to pickleball fees.

Shannon O'Toole, San Clemente, spoke in opposition to pickleball fees.

Dave Haack, San Clemente, spoke in opposition to pickleball fees.

Jessica Fabricant, San Clemente, spoke in opposition to utilizing a reservation system for pickleball.

MEETING RECESSED
The City Council meeting recessed at 7:41 p.m. and reconvened with all Councilmembers present at 7:50 p.m.

Frank Schneider, San Clemente, suggested a pickleball committee be formed to advise the City and its decisions regarding pickleball.

John Tilton, San Clemente, spoke in support of a pickleball committee; opined

Page 5 of 21 ends

141
City Council Special and Regular Meeting Minutes April 16, 2024 that the pickleball fees are discriminatory.

Michael Stein opined that 24 pickleball courts are not necessary; spoke in opposition to reservations.

Kevin Paugh, San Clemente, spoke in opposition to pickleball fees and reservations.

Dan Corrales opined that the City should utilize tournaments to generate revenue; suggested that the City open a concession stand near the pickleball courts.

Andy Wiggins, San Clemente, spoke in opposition to pickleball fees and reservations.

George Spooner, San Clemente, spoke in opposition to pickleball fees.

Kevin Stanley suggested mirroring the City of Carlsbad's pickleball program; opined on the installation of pickleball vending machines.

Aaron Carlow, San Clemente, spoke in opposition to pickleball fees or restrictions.

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

Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to not adopt fees for pickleball at this time. The City Council further directed the Beaches, Parks, and Recreation Director to obtain public input concerning revenue generating ideas for pickleball including fees for play, reservations, hours, tournaments, and leagues.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
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)
Mayor Cabral opened the Public Hearing.

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

Amanda Q spoke in support of map 120.

Sarah Schneider spoke in support of map 120.

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142
City Council Special and Regular Meeting Minutes April 16, 2024 Wayne Eggleston narrated a PowerPoint presentation regarding the current boundary between districts 3 and 4 in the Pier Bowl area. A hard copy of the presentation is on file with the City Clerk.

There being no others desiring to speak, Mayor Cabral Closed the Public Hearing.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, CARRIED 4-1 (Mayor Cabral voting Noe), to introduce 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).

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

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

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

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

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

Page 7 of 21 ends

143
City Council Special and Regular Meeting Minutes April 16, 2024 7D. ADOPTION OF THE 2024-2025 ANNUAL ACTION PLAN FOR

EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Mayor Cabral opened the Public Hearing.

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

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

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

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.

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

8. Unfinished Business
None.

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City Council Special and Regular Meeting Minutes 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
Public Works Director/City Engineer Rebensdorf was available for City Council inquiries.

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

Adopt Resolution No. 24-49, which will:

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.

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

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145
City Council Special and Regular Meeting Minutes April 16, 2024 9B. CONSIDERATION OF FUTURE OPERATIONS OF THE CITY’S BEACH CLUB

FACILITY
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to City Council inquiries.

David Fabian, Chief Financial Officer with 24 Carrots, spoke in support of continuing the lease with 24 Carrots at the Ole Hanson Beach Club.

Chris Butler spoke in support of the City operating the Ole Hanson Beach Club.

Amanda Q spoke in support of the City operating the Ole Hanson Beach Club.

Alex Haynes, San Clemente, spoke in support of the City operating the Ole Hanson Beach Club.

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

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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
9C. CONSIDERATION OF A POLICY CONCERNING COUNCIL SUPPORT OR

OPPOSITION FOR STATE AND FEDERAL LEGISLATION
Amanda Q narrated a PowerPoint presentation entitled "Supporting Legislation".

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

Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, FAILED 2-3 (Councilmember Knoblock, Councilmember Loeffler and Mayor Cabral voting Noe), to require letters in support or opposition to legislation to be adopted unanimously to be placed on Council letterhead.

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

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146
City Council Special and Regular Meeting Minutes April 16, 2024 Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 4-1 (Councilmember Duncan voting Noe), to not
require Councilmembers to sign letters approved by a majority of the Council if they did not support the item.

AYE: Enmeier, Knoblock, Loeffler and Mayor Cabral
NOE: Duncan
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
This item was removed from the Agenda.

10. Consent Calendar
A. City Council Minutes
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:
(1) APPROVE THE SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF MARCH 19, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to receive and file:
(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.
(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.

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147
City Council Special and Regular Meeting Minutes April 16, 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 AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
C. Warrant Register
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:
(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
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Payroll Register
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to approve:

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

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148
City Council Special and Regular Meeting Minutes April 16, 2024 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
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10D. COASTAL COMMISSION GRANT APPLICATION TO SUPPORT

IMPLEMENTATION OF COASTAL RESILIENCY PLAN AND LOCAL

COASTAL PROGRAM
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to 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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10E. CONSIDERATION OF APPROVING THE COASTAL ADVISORY COMMITTEE FISCAL YEAR 2023-2024 WORK PLAN
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to 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.

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

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149
City Council Special and Regular Meeting Minutes April 16, 2024 10F. CONTRACT AMENDMENT - APPOINTING AUDITOR AND APPROVING

AUDIT SERVICES
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to 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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10G CONTRACT AWARD - LAND USE SOFTWARE WATER USE COMPLIANCE

AND FINDING THE ACTION EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:

Adopt Resolution No. 24-53, which will:

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.

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

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City Council Special and Regular Meeting Minutes April 16, 2024 10H. CONSIDERATION OF A RESOLUTION APPROVING THE ORANGE COUNTY

TRANSPORTATION AUTHORITY GRANT COOPERATIVE AGREEMENT FOR

PROJECT V SAN CLEMENTE DOWNTOWN TROLLEY ROUTE

CONTINUATION PROJECT
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:

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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10I. CONTRACT AWARD - TROLLEY SERVICES
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to adopt 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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10J. CONTRACT AWARD - WATER QUALITY MANAGEMENT PLAN REVIEW AND

BEST MANAGEMENT PRACTICES COMPLIANCE SERVICES
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to 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.

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

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City Council Special and Regular Meeting Minutes April 16, 2024 10K. CONTRACT AWARD - RESERVOIR NO. 4 EXTERIOR COATING AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:

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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10L. CONTRACT AWARD - SIDEWALK REPAIRS AND IMPROVEMENTS AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:

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).

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City Council Special and Regular Meeting Minutes April 16, 2024

4. Approve a 10% construction contingency of $16,560 for this project.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10M. NOTICE OF COMPLETION - STREET PAVEMENT MAINTENANCE FOR

AVENIDA VAQUERO (VIA CASCADITA TO CAMINO DE LOS MARES)
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:

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).

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, Roy Allan Slurry Seal, Inc.

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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
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
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:

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

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153
City Council Special and Regular Meeting Minutes April 16, 2024 Alley Rehabilitation Program, FY 2024 Major Street Maintenance, FY 2024 Local Street Pavement Maintenance, and Traffic Calming Program.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10O. NOTICE OF COMPLETION - PARK MONUMENT SIGN REPLACEMENT PROGRAM (AUGUST 2023), MAX BERG PLAZA AND MARBLEHEAD PARKS Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:

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.

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

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City Council Special and Regular Meeting Minutes April 16, 2024 10P. BID REJECTION - NORTH BEACH PLAYGROUND REPLACEMENT Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to:

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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
10Q. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES
Motion by Mayor Cabral, second by Councilmember Duncan, CARRIED 5-0, to 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.

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

11. Oral Communications (Part 2)
None.

12. Future Agenda Items
Community Development Overview
City Manager Hall to meet with Mayor Pro Tem Enmeier to discuss Planning projects and provide an overview of the review/approval process.

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

TO SERVE ON VARIOUS CITY COMMISSIONS AND COMMITTEES

1. 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.

2. 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.

3. Schedule interviews for June 18, 2024 at 1:00 p.m.

B. Council Subcommittee Updates
C. Council Members
This item was previously heard; please reference page 2 of these minutes for a summary of action.

D. City Attorney
City Attorney One-year Anniversary
City Attorney Mitchell acknowledged the City Council for the opportunity to serve the City of San Clemente for one year.

E. City Manager
City Manager Executed Contracts
City Manager Hall announced that he executed the following contracts under his authority:

1. WSP USA Environment & Infrastructure, Inc. providing for Golf Course Irrigation Inspection in the amount of $5,630.

2. ViaTron Systems, Inc. 2nd amendment providing for Electronic Document Imaging in the amount of $50,000.

3. Ninyo and Moore Geotechnical & Environmental Science Consultants providing for the Prima Deshecha Canada Channel Wall Stabilization at Grande Vista in the amount of $14,127.

4. Joshua Grading and Excavating providing for West Mariposa Point Sewer

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City Council Special and Regular Meeting Minutes April 16, 2024 Line Manhole Repair in the amount of $16,565.

5. Michael Baker International, Inc. providing for Prima Deshecha Canada Channel Wall Stabilization at Grande Vista in the amount of $20,735.

14. Adjournment
Motion by Councilmember Loeffler, second by Councilmember Knoblock, CARRIED 5-0, to adjourn at 10:09 p.m. in memory of Joseph Jedediah "JJ" Martin. The next Regular Meeting will be held on May 7, 2024. Closed Session will begin at 5:00 p.m.The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

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157
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: May 7, 2024 Agenda Item: (1)
158

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CITY OF SAN CLEMENTE
Monday, January 22, 2024
Joint Commission and Committee
Special Meeting Minutes
3:00 p.m. - AB 1234 Ethics Training
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Special Joint Commission and Committee Meeting was called to order by City Clerk Campagnolo on January 22, 2024 at 3:10 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

ARTS AND CULTURE FOWLER, GRECO, GROSETH,

COMMITTEE MEMBERS HIRSCHMAN, KOEHLER

PRESENT

BEACHES, PARKS AND ELLIOTT, GRACE, JOHNSON

RECREATION COMMISSION

MEMBERS PRESENT

COASTAL ADVISORY AMBROSE, DOLEGOWSKI, DOW, SCHMITT,

COMMITTEE MEMBERS WHITELAW

PRESENT

GOLF COURSE COMMITTEE VEALE

MEMBERS PRESENT

HUMAN AFFAIRS COMMITTEE ANDERSON, BAUER, SALAS, VEALE

MEMBERS PRESENT

INVESTMENT ADVISORY SMITH, WILLARDSON

COMMITTEE MEMBERS

PRESENT

PLANNING COMMISSION NONE

MEMBERS PRESENT

PUBLIC SAFETY COMMITTEE GREENWALD, RHODEN, ROEBER

MEMBERS PRESENT

STAFF CHISWICK, LIGHTFOOT
159

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Joint Commission and Committee Special Meeting Minutes January 22, 2024 AB 1234 ETHICS TRAINING

1. AB 1234 BIANNUAL ETHICS TRAINING FOR ELECTED OFFICIALS Attorney Verdugo, with Burke, Williams, Sorensen, narrated a PowerPoint presentation entitled "AB 1234 Ethics Training". A hard copy of the presentation is on file with the City Clerk.

2. Adjournment
Attorney Verdugo, with Burke, Williams, Sorensen, adjourned the meeting at 5:05 p.m. The next Regular Investment Advisory Board Committee Meeting will be held on January 29, 2024 at 5:30 pm. The meeting will take place at City Hall located at 910 Calle Negocio, San Clemente, CA.
_________________________________
Charlie Smith
Chair-Investment Advisory Committee
160
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2nd Floor
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 7, 2024 Agenda Item: (2)
161

CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Regular Meeting – January 29, 2024
A Regular Meeting of the City of San Clemente Investment Advisory Committee was called to order by City Treasurer, Charlie Smith, on January 29, 2024, at 5:32 p.m. in Conference Room A at City Hall, 910 Calle Negocio, San Clemente.
(1) PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Art Carter
(2) ROLL CALL
PRESENT: Investment Advisory Committee Members:

Charlie Smith, Victor Cabral, Art Carter, Amanda Conley Staff:

Andy Hall, Sandee Chiswick, Melissa Anderson
ABSENT: Jeff Willardson

CHANDLER
REPRESENTATIVES: Jayson Schmitt and Chris McCarry
PUBLIC: None
(3) APPROVAL OF MINUTES
Motion by Art Carter, seconded by Victor Cabral to approve the November 13, 2023 minutes. Approved 4-0.
(4) APPROVE 2
nd QUARTER FY 2023-24 INVESTMENT REPORT
Jayson Schmitt introduced colleague, Chris McCarry, Senior Portfolio Strategist of Chandler Asset Management. They reviewed the second quarter investment report and responded to questions raised by committee members. Charlie Smith reviewed the City of San Clemente internally managed portfolio. He discussed his core philosophy; states he would like to possibly diversify away from LAIF. Art Carter asked if debt payments accelerated. Sandee Chiswick explained about cash projections percentages and timing of CalPERS payment. The committee expressed interest in exploring Section 115 Trust Accounts and would like a presentation put on the next agenda. Motion by Art Carter, seconded by Victor Cabral, to approve the 2nd Quarter FY 2023-24 Investment Report. Approved 4-0. 162
Investment Advisory Committee Minutes January 29, 2024 Page 2 (5) DISCUSSION ON BROKER/DEALERS – SECTION 4.6 OF THE
INVESTMENT POLICY. BLANKET APPROVAL VS. FILING OF FORM
City Treasurer, Charlie Smith recommended changes to the City’s Investment Policy Section 4.6. The current policy states the Investment Advisory Committee must first approve the establishment of a new broker dealer relationship. Then, secondly, have the new broker dealer fill out a form. Charlie would like to come up with a set form of criteria for automatic inclusion as a broker dealer relationship. A simple solution would be 1.) they’re included in the systematically important financial institutions (SIFI) 2.) have a minimum credit rating of possibly AA or better 3.) have a certain revenue or net worth. He would like to broaden the scope of people we can call upon. The committee asked questions and made suggestions.

Jayson advised adding FINRA (Financial Industry Regulation Authority) to the policy process. No motion was sought to approve changes at this time. A Special Meeting date was set for February 5, 2024 to present changes in writing. (6) PUBLIC INPUT
None
(7) ADJOURNMENT
Motion was made by Victor Cabral, seconded by Art Carter, carried 4-0, to adjourn to a Special Meeting to be held on February 5, 2024, at 5:30 p.m. at City Hall located at 910 Calle Negocio, San Clemente, California. _________________________________
Charlie Smith
Chair-Investment Advisory Committee
Future Meeting Dates:

April 29, 2024
July 29, 2024
October 28, 2024
163
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San Clemente, California
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: May 7, 2024 Agenda Item: (3)
164

CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Special Meeting – February 5, 2024
A Special Meeting of the City of San Clemente Investment Advisory Committee was called to order by City Treasurer, Charlie Smith, on February 5, 2024, at 5:32p.m. This meeting was conducted in Community Conference Room at City Hall, 910 Calle Negocio, San Clemente. (1) PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Charlie Smith.
(2) ROLL CALL
PRESENT: Investment Advisory Committee Members:

Charlie Smith, Victor Cabral, Art Carter
Staff:

Sandee Chiswick, Melissa Anderson
ABSENT: Jeff Willardson, Amanda Conley
PUBLIC: None
(3) DISCUSS MODIFYING SECTION 4.6 OF THE INVESTMENT POLICY City Treasurer, Charlie Smith presented recommended changes to the City’s Investment Policy Section 4.6. Art Carter suggested adding language to include the review of audited financial statements will also contain an “unqualified” opinion and also that “there are no noted going concern issues.” The committee agreed to recommend the following investment policy changes:

4.6 Authorized Securities Dealers: The City Treasurer will maintain a list of securities dealers (“Securities Dealers”), as approved either by the Investment Advisory Committee, or subject to the Automatic Inclusion Criteria.

A Securities Dealer must either: (i) complete a Broker / Dealer Questionnaire and Certification at relationship initiation and provide annual confirmation of no material change in financial condition or broker’s standing, or (ii) be subject to the Automatic Inclusion Criteria. For a Securities Dealer subject to the Automatic Inclusion Criteria, the following must be ascertained annually: (i) an audited annual report (“Form 10-K”), and (ii) a review of the designated broker as provided by FINRA.

4.6.1 Annual Review: An annual review of the financial condition and registrations of the Securities Dealers with whom the City does business which will be conducted by the City’s Investment Advisory Committee. 165
Investment Advisory Committee Minutes February 5, 2024 Page 2 The review of Audited Financial Statement(s) will ensure (1.) that the statements contain an “unqualified opinion” and (2.) that there are no noted going concern issues.

4.6.2 Audited Financial Statement: A current audited financialstatement is required to be on file in the City Clerk’s Office for each financial institution and Securities Dealer with whom the City does business, including external money managers, banks, custodians of securities and broker/dealers.

4.6.3 Counterparty Risk: Financial institutions with whom the city does business should be well capitalized and credit worthy to minimize Counterparty Risk. For avoidance of doubt, the City takes on no specific Counterparty Risk given its delivery vs. payment investment policy.

Definitions
AUTOMATIC INCLUSION CRITERIA: means a Bank with a securities dealer subsidiary, classified as either a Systematically Important Financial Institution (“SIFI”), and/or a Globally Systemically Important Financial Institution (“G-SIFI”).

FINRA: Financial Industry Regulation Authority.

FORM 10-K: an SEC form, filed annually as required by the U.S. Securities and Exchange Commission, that gives a comprehensive summary of a company’s financial performance.

UNQUALIFIED OPINION: An independent external auditor report that concludes the company’s financial statements present fairly, or give a true and fair view, in all material respects and in accordance with applicable accounting standards.

Motion was made to accept the changes by Art Carter, seconded by Victor Cabral.

Approved 3-0.
(4) PUBLIC INPUT
None
(5) ADJOURNMENT
Motion was made by Art Carter, seconded by Victor Cabral, carried 3-0, to adjourn to the next Regular Meeting to be held on April 29, 2024, at 5:30 p.m. at City Hall located at 910 Calle Negocio, San Clemente, California. _________________________________
Charlie Smith
Chair-Investment Advisory Committee
Future Meeting Dates:

April 29, 2024
July 29, 2024
October 28, 2024
166
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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: May 7, 2024 Agenda Item: (4)
167

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San Clemente City CouncilMay 7, 2024

San Clemente City Council
May 7, 2024