San Clemente City Council
September 3, 2024

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, September 3, 2024
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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

1 City Council Regular Meeting Agenda September 3, 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 - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)&(d)(2)
Number of Cases: 2

1. Facts and circumstances per Government Code section 54956.9(e)(2):

Alleged violation of the Ralph M. Brown Act as set forth in the August 21, 2024 letter from Edward R. Kweskin.

2. Facts and circumstances per Government Code section 54956.9(e)(1): Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 12

1. Case Name: Brian Dick, et al. v. City of San Clemente, et al., Orange County Superior Court Case No.: 30-2024-01406991-CU-WM-CXC.

2. Case Name: Harbor View Estates Homeowners Association v. City of San Clemente, Orange County Superior Court Case No. 30-2024-01371169 -CU-WM-CXC.

3. Case Name: City of San Clemente v. Alfie Shahid, et al., Orange County Superior Court Case No. 30-2024-01381591-CU-MC-CJC.

4. Case Name: Ruth Martin v. City of San Clemente, Orange County Superior Court Case No. 30-2023-01332706-CU-MC-CXC.

5. Case Name: Freda Philomena D’Souza v. City of San Clemente, et al., U.S.

District Court, Central District of California, Case No. 8:20-CV-01863 -JVS-DFM.

6. Case Name: Peggy Burke v. City of San Clemente, et al., Orange County

2 City Council Regular Meeting Agenda September 3, 2024 Superior Court Case No. 30-2023-01303894-CU-PO-CJC.

7. Case Name: Priscilla Mejia v. City of San Clemente, et al., Orange County Superior Court Case No. 30-2023-01343945-CU-PO-CJC.

8. Case Name: Kenneth Elsner v. City of San Clemente, Chad Biggs, et al., Orange County Superior Court Case No. 30-2023-01344114-CU-PA-CJC.

9. Case Name: Sarah Altuwaijri v. Capistrano Unif. School Dist., et al., Orange County Superior Court Case No. 30-2024-01406593-CU-PO-NJC.

10.Case Name: Scott Smith v. City of San Clemente, Orange County Superior Court Case No. 30-2024-01409991.

11.Case Name: Gene James v. City of San Clemente, Orange County Superior Court Case No. 30-2024-0143140-CU-OE-CJC.

12.Case Name: Kristen Nelson v. GC-8, LLC, et al., Orange County Superior Court Case No. 30-2023-01334251-CU-OR-CJC.

BUSINESS MEETING (6:00 P.M.)

CALL TO ORDER
INVOCATION – Assistant Pastor Steve Pascoe, Calvary Chapel San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
A. City of San Clemente Blue City Certification
Presentation by Ashley Pries, Chief City Liason, Blue City Network, in recognition of the City of San Clemente being named a Certified Blue City, Tier 2 Ocean Champion, for its commitment to healthy waterways and oceans.

B. San Clemente Water Polo Club Junior Olympics Medalists Presentation of Commendation to the San Clemente Water Polo Club Junior Olympics Medalists in recognition of the 10U Boys Team winning the Gold Medal and 10U Girls Team winning the Silver Medal.

2. Council Member Reports

3 City Council Regular Meeting Agenda September 3, 2024

3. 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. 12. 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.

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

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. 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.
8A. CONSIDERATION OF A RESOLUTION REVISING AMBULANCE

TRANSPORT FEE RATE AND ADOPTION SCHEDULE
Public Hearing to consider amending the City’s ambulance transport fee rate and adoption schedule. The proposed resolution aligns ambulance transport fees and adoption cycle with that of the Orange County Health Care Agency (OCHCA).

Staff Recommendation
Adopt Resolution No. 24-136 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING A REVISED

AMBULANCE TRANSPORT FEE RATE AND ADOPTION SCHEDULE AND
REPEALING RESOLUTION NO. 16-31, AS IT RELATES TO AMBULANCE TRANSPORT FEES.

4 City Council Regular Meeting Agenda September 3, 2024 8B. CONTINUANCE OF NO ACTION ON CONDITIONAL PERMIT 1021 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552-05
Public Hearing to consider whether to make changes to or revoke approved applications related to a telecommunications facility located at 616 Del Dios, including a Conditional Permit issued by the County of Orange in 1962 (as thereafter modified and approved by the City), Voluntary Compliance Agreement between American Tower Corporation and the City dated on or about July 6, 2023, and Wireless Communications Facilities Application Screening Form WMS 23-231 filed by Dish Wireless, LLC, a Colorado limited liability company, and may consider initiating litigation related to the same.

The City Council will also consider whether any action that it takes that qualifies as a project is exempt from the California Environmental Quality Act, including, but not limited to, pursuant to State CEQA Guidelines Sections 15301, 15302, 15303, 15304, 15305 and 15321.

Staff Recommendation
Continue the abeyance of the revocation of Conditional Permit 1021 until November 19, 2024, which would maintain the status quo until that date.

9. Unfinished Business
None.

10. New Business
10A. CONSIDERATION OF A RESOLUTION AWARDING SPORTS PARTNERSHIP

STATUS FOR THE FALL/WINTER PRIMARY SEASON SPORTS
Staff and the Beaches, Parks and Recreation Recommendation Adopt Resolution No. 24-137, which will:

1. Grant Tier II Recreational Sports Partnership Status to American Youth Soccer Organization Region 111 for a two-year term with an option to re-quality for Tier I after year 1 of the Agreement.

2. Grant Tier I Recreational Sports Partnership Status to Elite Soccer League for a three-year term.

3. Grant Tier I Recreational Sports Partnership Status to South Coast Youth Football for a three-year term.

4. Approve, and authorize the Beaches, Parks & Recreation Director to execute, Contract No. C24-49, Recreation Sports Partnership Agreement, by and between the City of San Clemente and American Youth Soccer Organization Region 111, Tier II Recreational Sports Partnership Status, for a two-year term with an option to re-quality for a Tier I after year 1 of the

5 City Council Regular Meeting Agenda September 3, 2024 Agreement.

5. Approve, and authorize the Beaches, Parks & Recreation Director to execute, Contract No. C24-50, Recreation Sports Partnership Agreement, by and between the City of San Clemente and Elite Soccer League, Tier I Recreational Sports Partnership Status, for a three-year term.

6. Approve, and authorize the Beaches, Parks & Recreation Director to execute, Contract No. C24-51, Recreation Sports Partnership Agreement, by and between the City of San Clemente and South Coast Youth Football, Tier II Recreational Sports Partnership Status, for a three-year term. 10B. CONSIDERATION OF RESOLUTION AWARDING AQUATICS PARTNERSHIP STATUS
Staff and the Beaches, Parks and Recreation Commission Recommendation Adopt Resolution No. 24-138, which will:

1. Establish general guidelines for the allocation and management of municipal pools concerning the partnerships.

2. Approve an exception to Aquatics Partnership Policy to allow for the San Clemente Aquatic Team to maintain its Senior Partner status granted in 2022 for an additional two years, expiring in December 2025.

3. Approve, and authorize the Beaches, Parks & Recreation Director to execute, a Junior Partnership Agreement (Contract No. C24-52), by and between the City of San Clemente and the San Clemente Water Polo Club, for a term of two years.

4. Direct the Beaches, Parks & Recreation Commission to review and update the Aquatics Partnership Policy as part of its 2024-25 Work Plan.

6 City Council Regular Meeting Agenda September 3, 2024 10C. CONSIDERATION OF PUBLIC ART INSTALLATION - SAN CLEMENTE

LIFEGUARD MONUMENT AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 3
Staff Recommendation

1. Discuss the project generally, the proposed location of the statue and provide specific direction to the City Manager regarding the ongoing maintenance and care of the statue.

2. If the City Council wants to proceed with the project, adopt an appropriate resolution. If adopted, Resolution No. 24-139 would:
a. Find the project categorically exempt from the California Environmental Quality Act (“CEQA”) under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303).
b. Conditionally approve the installation of the San Clemente Lifeguard monument in the Parque Del Mar/Pier Bowl area, noted in Exhibit A, subject to the approval of or waiver from the California Coastal Commission and entry into an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation. c. Direct staff to proceed with an application to the California Coastal Commission; and
d. Direct and authorize the City Manager to negotiate and execute an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation in a form approved by the City Attorney that provides for the installation and ongoing care and maintenance of the monument to be provided by the San Clemente Lifeguard and Junior Lifeguard Foundation at no cost to the City.

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 or Staff requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF AUGUST 20, 2024.

7 City Council Regular Meeting Agenda September 3, 2024 B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PLANNING COMMISSION REGULAR MEETING MINUTES OF
AUGUST 21, 2024.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
AUGUST 22, 2024.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3091 THROUGH 3095 AND WARRANT NOS.
598399 THROUGH 598577, PAID ON
8-2-24, IN THE AMOUNT OF $1,655,721.29
(2) APPROVE WIRE TRANSFER NOS.
3096 THROUGH 3099 AND WARRANT NOS.
598578 THROUGH 598738, PAID ON
8-9-24, IN THE AMOUNT OF $4,358,302.92
(3) APPROVE WIRE TRANSFER NOS.
3100 THROUGH 3101 AND WARRANT NOS.
598739 THROUGH 598909, PAID ON
8-16-24, IN THE AMOUNT OF $1,031,103.05
TOTAL WARRANT REGISTER $7,045,127.26
Payroll Register
WARRANT NOS. 944 THROUGH 945 AND
AUTOMATIC DEPOSIT ADVISES 96280
THROUGH 96672, FOR THE PERIOD
7-22-24 THROUGH 8-4-24, PAID
ON 8-9-24, IN THE AMOUNT OF $586,342.60
TOTAL PAYROLL REGISTER $586,342.60

8 City Council Regular Meeting Agenda September 3, 2024 11D. ADOPT ORDINANCE NO. 1778 (SECOND READING) - REGULATING THE

OPERATION AND USE OF ELECTRIC BICYCLES AND OTHER ELECTRIC

TRANSPORTATION DEVICES AND FINDING THE ORDINANCE NOT

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Ordinance No. 1778 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN
CLEMENTE MUNICIPAL CODE TITLE 10 - VEHICLES AND TRAFFIC, ADDING CHAPTER 10.62 TO ESTABLISH REGULATIONS FOR THE

OPERATION AND USE OF ELECTRIC BICYCLES AND OTHER FORMS OF

ELECTRIC TRANSPORTATION AND FINDING THE ORDINANCE NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
11E. ADOPT ORDINANCE NO. 1779 (SECOND READING) - AMENDING CHAPTERS 8.86 AND 12.18 OF THE SAN CLEMENTE MUNICIPAL CODE

RELATING TO PUBLIC CAMPING AND PUBLIC STORAGE OF PERSONAL

PROPERTY TO ADDRESS CHANGES IN LAW BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL
Staff Recommendation
Adopt Ordinance No. 1779 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, CALIFORNIA, AMENDING CHAPTERS 8.86 AND 12.18 OF THE SAN CLEMENTE

MUNICIPAL CODE RELATING TO PUBLIC CAMPING AND PUBLIC

STORAGE OF PERSONAL PROPERTY TO ADDRESS CHANGES IN LAW
BROUGHT ABOUT BY CITY OF GRANTS PASS, OREGON V. JOHNSON, ET AL., 144 S.Ct. 2202 (2024) AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

12. 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.

13. Future Agenda Items

9 City Council Regular Meeting Agenda September 3, 2024

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

15. Adjournment
The next Regular City Council Meeting is scheduled to take place on September 17, 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.

10 City Council Regular Meeting Agenda September 3, 2024

CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

COMMUNICATION DEVICES
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.

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.

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: September 3, 2024 Agenda Item: 8A.

Submitted By: Finance and Administrative Services
Prepared By: Jake Rahn, Finance Manager
Matthew Schmelzel, Management Analyst
Subject:
..titl e

CONSIDERATION OF A RESOLUTION REVISING AMBULANCE TRANSPORT FEE RATE AND ADOPTION SCHEDULE ..body
Fiscal Impact:

If adopted as proposed, there would be a potential increase of an estimated $138,000 in ambulance revenues based on current transport data, which would help offset the cost of providing the services. Actual impacts are dependent on the adopted fee schedule and various transport criteria.

Summary:

The Orange County Health Care Agency’s (OCHCA’s) ambulance transport fees are reviewed and revised annually, establishing County ambulance rates in effect. The resolution before the City Council would align the City’s adoption cycle directly with the County’s implementation of transport rates based on the OCHCA’s assessment of estimated actual ambulance transportation costs. This is a cost recovery issue for the City.

Background:

On May 17, 2016, the City Council adopted Resolution No. 16-31 setting ambulance transport fees based on the maximum ground emergency ambulance rates as established by OCHCA and approved by the County Board of Supervisors. The City's current ambulance transport fees as of January 1, 2024 are shown below:

Calendar Fee Schedule Basic Life Support
(BLS)
Advance Life Support
(ALS)
*Resident $1,852.14 $2,285.97
Non- Resident $2,052.14 $2,485.97
Mileage $21.34
Oxygen Per Unit $96.95
Medical Supplies $38.37
The City of San Clemente is allowed to set its own rates for ambulance services; however, best practice is to use OCHCA rates as a basis to set the City's fees. OCHCA periodically performs rate reviews based on actual cost increases, as well as fee study surveys across the State of California. Incorporating the OCHCA fee structure ensures that the City is establishing fees based on a cost review and that fees being charged do not exceed the cost to provide the service and are comparable with other cities and Orange County private ambulance companies. 12 Meeting Date: September 3, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
Rates are typically adjusted by OCHCA in July of each year. However, the City has traditionally adopted the fees on January 1st of each year causing a 6-month lag time between County and City adoption. This delay impacts revenues, reduces cost recovery, and requires staff’s notification to the ambulance billing company. Alignment of the fee schedule adoption cycle will facilitate administrative efficiency by allowing the City’s ambulance billing provider (Wittman) to adjust rates at each OCHCA adoption cycle. City staff evaluated the impact of the rate adoption delay with Wittman and determined for FY 2023-24 $138,060 of revenues were lost through this implementation delay. Actual future revenue impacts will be dependent on OCHCA adoption rates, number of service calls, type of transport, use of supplies, payment methods and other variables.

The OCHCA fee schedule also includes a charge type for standby time that was not adopted in Resolution No. 16-31. Beginning with the onset of Covid-19, there has been lasting effects on delayed hospital admission times, adopting OCHCA's standby time rate of $144.48 will ensure improved cost recovery.

Staff’s recommendation is for the City to adopt all established charges and fee schedule adjustments on July 1st each year or at the established adoption cycle as determined by the Orange County Health Care Agency and approved by the Orange County Board of Supervisors.

As proposed, the City will continue to provide discounts to residents including the $200 discount for resident transports and the ambulance transport subscription program at a cost of $40 annually for all household dependents. The proposed ambulance transport fees to be implemented are shown below:

Calendar Fee Schedule Basic Life Support
(BLS)*
Advance Life Support
(ALS)*
Resident $2,038.14 $2,512.19
Non- Resident $2,238.88 $2,712.19
Mileage $23.28
Standby Time $157.63
*Oxygen and Medical supplies included in base rates
Council Options:
 Adopt Resolution No. 24-136, which would revise ambulance transport fees and adoption cycle and repeal Resolution No. 16-31.
 Adopt Resolution No. 24-136 with modifications.
 Continue the Item and direct staff to provide additional information.  Deny the request to Adopt Resolution No. 24-136 and maintaining current ambulance transport fees and adoption cycle.
13 Meeting Date: September 3, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 24-136, which would revise ambulance transport fees and the adoption cycle and repeal Resolution No. 16-31.
..end
Attachment:

1. Resolution No. 24-136

2. Orange County Health Care Agency’s Maximum Emergency Ground Ambulance Rates Effective July 1, 2024

3. Resolution No. 16-31
Notification:

Published in the San Clemente Times on August 15, 2024 and August 29, 2024. 14 Attachment 1
4867-3182-8585 v1
RESOLUTION NO. 24-136

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ADOPTING A REVISED

AMBULANCE TRANSPORT FEE RATE AND ADOPTION
SCHEDULE AND REPEALING RESOLUTION NO. 16-31, AS

IT RELATES TO AMBULANCE TRANSPORT FEES
WHEREAS, the City Council desires to adjust the City’s emergency ambulance service fees for full cost recovery as authorized by Charter 8 of the Municipal Code; and WHEREAS, the maximum allowable emergency ground ambulance rates are established by the Orange County Health Care Agency and are related to and do not exceed the cost of providing ambulance transport services; and WHEREAS, on May 17, 2016, City Council adopted resolution No. 16-31 providing for the adoption of Orange County Health Care Agency Maximum Emergency Ground Ambulance Rates effective January 1 of each year; and
WHEREAS, the Orange County Health Care Agency has received approval from the Orange County Board of Supervisors to adjust emergency ambulance service rates effective July 1, 2024; and
WHEREAS, the Orange County Health Care Agency’s schedule for updating emergency ambulance service rates is typically July 1 of every year; and WHEREAS, on September 3, 2024, the City held a duly noticed public hearing regarding the proposed ambulance rates.

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

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

SECTION 2. That Resolution 16-31 and any other resolution in conflict herewith are hereby repealed and of no further force or effect.

SECTION 3. That all the fees set forth in the fee schedule as set forth in Exhibit “A” attached hereto and incorporated herein fully by this reference are less than or equal to the estimated cost of providing the service for which the fee or service charge is levied and are hereby approved and established.

SECTION 4. That the ambulance transport fees set forth in Exhibit “A” shall be adopted automatically by the City of San Clemente July 1 of each year or other effective date established and adopted by the Orange County Health Care Agency and approved by the Orange County Board of Supervisors in the amounts so approved and adopted except that a $200.00 discount per transport will be applied to San Clemente residents for Basic 15 Resolution No. 24-136 Page 2
4867-3182-8585 v1
Life Support and Advance Life Support transportation fees.

SECTION 5. That all established charge types will be incorporated and adopted automatically by the City of San Clemente July 1 of each year or other effective date established and adopted by the Orange County Health Care Agency and approved by the Orange County Board of Supervisors in the amounts so approved and adopted.

SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of September, 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. 24-136 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
16 EMERGENCY MEDICAL SERVICES

VERONICA KELLEY, DSW, LCSW

AGENCY DIRECTOR

JASON AUSTIN, MA, MFT

ASSISTANT AGENCY DIRECTOR

MINDY WINTERSWYK, DPT, PCS

DIRECTOR OF SPECIALIZED MEDICAL

SERVICES
TAMMI McCONNELL, MSN, RN, MICN, PHN

EMERGENCY MEDICAL SERVICES DIRECTOR
405 W. 5th STREET, SUITE 301-A
SANTA ANA, CA 92701
PHONE: 714-834-2791
FAX: 714-834-3125
Email: [email protected]
May 7, 2024
TO: Orange County Fire Chiefs
Orange County City Managers
Orange County Ambulance Service Providers
FROM: Tammi McConnell, MSN, RN, EMS Director
SUBJECT: REVISION TO MAXIMUM EMERGENCY GROUND AMBULANCE RATES EFFECTIVE JULY 1, 2024
On December 20, 2022, the Orange County Board of Supervisors adopted Board Resolution 22- 163, changing the methodologies for adjusting the maximum Basic Life Support (BLS) and maximum Advanced Life Support (ALS) ground emergency ambulance rates by using the percentage change in the transportation portion of the Consumer Price Index for all Urban Consumers, Western Region as compiled and reported by the Bureau of Labor Statistics for the 12-month period ending with the last day of the prior month, February.

In addition, the Health Care Agency Director or his/her designee is authorized to make an annual adjustment to the above maximum rates, effective July 1 of each year, by multiplying the rates by the percentage change in the aforementioned index and timeframe. As such, effective July 1, 2024, the Maximum BLS Emergency Ground Ambulance Rates are adopted as follows:

Type of Charge Basis for Charge Effective
7/1/2023
Effective
7/1/2024
Emergency Basic Life Support
(BLS) Base Rate1,2
Applicable for urgent or Code 3 response
at the request of a public safety employee $2,052.14 $2,238.88 Emergency Advanced Life
support (ALS) Base Rate1,2
Applicable for urgent or Code 3 response
at the request of a public safety employee $2,525.45 $2,712.19 Mileage Per patient mile or fraction thereof. $ 21.34 $ 23.28 Standby time Per 30 minutes after the first 30 minutes. $ 144.48 $ 157.63 1 BLS & ALS Base Rates apply in Orange county Fire Authority Jurisdictional areas (except for Buena Park, San Clemente and Westminster) 2 Oxygen & medical supplies included in base rates If you have any questions, please contact Eileen Endo at (714) 834-3507.

TM:ee#5032
Attachment 2
17 Attachment 3
18 19
20 21
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: September 3, 2024 Agenda Item: 8B.

Submitted By: Community Development
Prepared By: Jonathan Lightfoot, City Planner
Subject:
..titl e
CONTINUANCE OF NO ACTION ON CONDITIONAL PERMIT 1021 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552-05 ..body Fiscal Impact:

There are no direct costs associated with an action on this item.

Summary:

Harborview Estates Homeowners Association (“Harborview”), American Tower Management, LLC (“ATC”), DISH Wireless and the City are actively engaged in settlement discussions regarding Conditional Permit 1021 and the telecommunications tower and associated equipment at 616 Del Dios. In light of those settlement discussions, Harborview and ATC have jointly requested and staff recommends that the City Council continue the abeyance without further action until November 19, 2024.

Background:

SCMC section 17.12.175 provides a process for the City to change or revoke approved applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when applications contain incorrect, false, or misleading information.

At its December 5, 2023 regular meeting, the City Council adopted Resolution No. 23-159 to initiate a public hearing to consider changing or revoking Conditional Permit 1021, the Voluntary Compliance Agreement and the Wireless Screening Form WMS 23-231. That public hearing was held at the January 16, 2024 City Council meeting.

After considering the staff report, public testimony and all evidence and argument presented by the property owner, the City Council directed that the revocation of Conditional Permit 1021 be “held in abeyance” for 60 days. During discussion, the City Council encouraged the parties work to resolve the issues in the active litigation filed by Harborview related to this matter. The parties and the real parties in interest in the Harborview litigation met in confidential settlement discussions.

On March 5, 2024, the City Council further continued the abeyance to September 3, 2024. The parties and the real parties in interest in the Harborview litigation have continued their confidential settlement discussions, and staff believes that these discussions are nearing a mutually acceptable conclusion. Therefore, Harborview and ATC have jointly requested and staff is recommending that the City Council continue the abeyance period until November 19, 2024 to complete these confidential discussions.
22 Meeting Date: September 3, 2024 Agenda Item: 8B.

CITY OF SAN CLEMENTE 2
In the time since the March 5, 2024 City Council meeting, ATC has worked with City staff to review options to secure its property from trespass to address one of the community’s concerns related to the site:
 Staff received an application for a building permit (B24-1180) to allow ATC to replace the existing outer compound fence with a 6-foot tall light brown, heavy-gauge, coated mesh fence with 1-foot barbed-wire top to prevent further trespass. Staff issued the permit on August 19, 2024, and materials are currently on order to facilitate construction of the fence.  ATC granted the City access to the property through a Site Access Agreement (Attachment 4), executed on August 6, 2024, which provides authorization to the City’s Park Rangers to access the site, at the discretion of City Management, in response to complaints of trespass or vandalism.
 The City’s Code Compliance Division has not received new complaints related to this facility since March 5, 2024.
 The Orange County Sheriff’s Department has received two calls-for-service related to trespassing on the site and climbing the tower, one on April 20, 2024 and the other on July 15, 2024.

Council Options:
 Continue the public hearing to a date certain and extend the abeyance of the revocation of Conditional Permit 1021 until November 19, 2024 to allow time for further confidential settlement discussions to occur, which would maintain the status quo.  Continue the public hearing to a date certain and extend the abeyance of the revocation of Conditional Permit 1021 for a date certain either before or after November 19, 2024.  Continue the public hearing to a date certain and extend the abeyance of the revocation of Conditional Permit 1021 until October 1, 2024 (or another regular City Council meeting date), and direct staff to return with consideration of a resolution related to Conditional Permit 1021.  Continue the item and direct staff to provide additional information.

Environmental Review/Analysis
Continuing to take no action is not a project under the California Environmental Quality Act.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council continue the abeyance of the revocation of Conditional Permit 1021 until November 19, 2024, which would maintain the status quo until that date. ..end
23 Meeting Date: September 3, 2024 Agenda Item: 8B.

CITY OF SAN CLEMENTE 3
Attachments:

1. City Council Agenda Report, dated January 16, 2024, entitled “Public Hearing to Consider Changing or Revoking Conditional Permit 1021/ Voluntary Compliance Agreement/ and Wireless Screening Form WMS 23-231 Related to the Property Located at 616 Del Dios, Assessor’s Parcel Number 690-552-05 and Finding the Project Categorically Exempt from the California Environmental Quality Act.” Associated attachments are available at the following links:

Part 1:
https://www.san-clemente.org/home/showpublisheddocument/77045/638404851447630000 Part 2:
https://www.san-clemente.org/home/showpublisheddocument/77047/638404852233970000

2. Minutes of the City Council Meeting of January 16, 2024, excerpted

3. Minutes of the City Council Meeting of March 5, 2024, excerpted

4. Site Access Agreement between American Tower Management and the City of San Clemente Notification:

Public notice published in the San Clemente Times, with notice provided to American Tower Corporation on behalf of American Tower Management, LLC, and to representatives of Harborview Estates Homeowners Association.
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
Meeting Date: January 16, 2024 Agenda Item: 8C
Department: Community Development
Prepared By Adam Atamian, Community Development Director Jonathan Lightfoot, City Planner
Subject:
..titl e
PUBLIC HEARING TO CONSIDER CHANGING OR REVOKING CONDITIONAL PERMIT 1021/ VOLUNTARY COMPLIANCE AGREEMENT/ AND WIRELESS SCREENING FORM WMS 23- 231 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552-05 AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

There are no direct costs associated with an action on this item. However, an action to continue the item for further discussion at additional public hearings would result in additional expenditure of City staff and City Attorney time.

Summary:

SCMC section 17.12.175 provides a process for the City to change or revoke approved applications when conditions of approval are violated, it is necessary to resolve a nuisance, and/or when applications contain incorrect, false, or misleading information. Because this matter involves a Conditional Permit issued in 1962, a public hearing with notice to the owner and applicant and an opportunity for them to present evidence is required.

At its December 5, 2023, regular meeting, the City Council adopted Resolution No. 23-159 to initiate a public hearing to consider changing or revoking Conditional Permit 1021, the Voluntary Compliance Agreement and the Wireless Screening Form WMS 23-231 and set the hearing date for its January 16, 2024 City Council meeting. In order to change or revoke an entitlement, the City Council must make one or more of the following findings:

1. Conditions of approval of the approved application(s) are being violated or are not being satisfied.

2. The site or land use is being operated in a manner that constitutes a nuisance.

3. The application contained incorrect, false, or misleading information.

Staff conducted additional research into allegations that the property has not been maintained in accordance with the terms of Conditional Permit 1021 and that the property has been managed in a manner that constitutes a nuisance. Based on the evidence provided herein, staff believes that there is credibility to these claims and recommends that the City Council change the entitlement to reduce issues of public safety and nuisance by requiring a redesign of the site that addresses the safety issues of access and prevents trespass onto the property and unauthorized climbing of the tower. This, however, can be accomplished without a full revocation of the underlying 1 ATTACHMENT 1
25 Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
entitlement. The recommended changes to the entitlement, including added conditions of approval, are incorporated into Attachment 1, the draft Resolution.

Background:
1962 Conditional Permit
An existing telecommunications tower at the subject site is owned by American Tower Corporation (Owner). This facility was approved under a Conditional Permit in 1962 by the County of Orange (Attachment 2). Per the Conditional Permit, the telecommunications facility was approved for an approximate 28-foot by 58-foot building and a 70-foot tall antenna tower. Per Owner representatives, the tower component of the telecommunications facility was built to a height of 137.6 feet, but was then further extended to 156 feet when the height is measured from the highest existing appurtenance affixed to the tower.

Voluntary Compliance Agreement and Collocation Requests In 2020, the City denied a request for a wireless antenna collocation at this site when it was discovered that the height of the tower was not compliant with the terms of the 1962 Conditional Permit issued by the County of Orange prior to the annexation of this property into the City of San Clemente. This denial resulted in discussions between the Owner and the City.

The Owner ultimately agreed to voluntarily reduce the height of the existing tower to the 70-foot maximum height allowed by the 1962 Conditional Permit, which was the only violation of the Conditional Permit that the City was aware of at that time. A Voluntary Compliance Agreement was executed on July 6, 2023 between the Owner and the City to reduce the height of the existing antenna tower to the permitted height of 70 feet (Attachment 3). The City then approved building permit B23-1495 to de-stack the tower to the reduced height of 70 feet tall.

During the review of records that preceded entry into the Voluntary Compliance Agreement, legal counsel for the Owner represented that the tower is/was still used today for the wireless transmission of telephone services. This representation was maintained and repeated by Dish Wireless (Applicant) within Wireless Screening Form No. WMS 23-231 (Attachment 4), which was an Eligible Facilities Request to collocate equipment on the reduced-height tower.

Relying on these representations, staff approved the Voluntary Compliance Agreement and WMS 23-231 (which found the project met criteria for review under Section 6409(a) of the Spectrum Act, did not require discretionary review, and could proceed to building plan check). The aforementioned public meetings on October 17 and November 8, 2023, which called into question the validity of the Owner and Applicant’s representations and revealed Conditional Permit violations and nuisance at the site, occurred while the building permit was under review.

Section 6 of the Voluntary Complaint Agreement provides:

The City agrees that, following the reduction in the height of the tower, the Wireless Communications Facility will be in compliance with the 1962 CUP, and specifically that (i) the 1962 CUP is vested; (ii) the 1962 CUP does not contain an expiration date; and (iii) the 1962 CUP permits the current use of the Wireless Communications Facility for wireless telecommunication purposes; and (iv) the 1962 CUP permits a 70’ tower. As a result, the City shall not require a discretionary 262
Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
approval, including but not limited to a new CUP or renewal of the 1962 CUP, in connection with the reduction in height and ongoing operation of the Wireless Communications Facility consistent with the 1962 CUP.

Public Testimony in November-December of 2023
With respect to public health and safety considerations, some of the most notable comments from the public made about the nuisances occurring at the site indicate that on regular occasions the tower is not secure and neighborhood children who find access to the site through the dilapidated fence, climb the tower, and throw items off the tower. This is not the case with other telecommunications facilities in the City that have different designs.

Additional comments from the public indicate an existing issue stemming from the Owner’s/Applicant’s access through the Harborview Estates neighborhood to deliver equipment to the site and the neighboring homeowners associations contending that the Owner/Applicant do not have the legal right to access the site in that manner and have been violating the conditions of Conditional Permit 1021 by doing so. Issues requiring a response from the Orange County Sheriff’s Department deputies have arisen from this contention about the Owner’s/Applicant’s access to the site.

Given the public testimony, City staff requested a tolling agreement from the Applicant, which was executed on November 17, 2023 and extended the shot-clock review deadline until November 30, 2023 for the building permit to install new wireless transmission equipment on the existing tower.

The City has not issued this building permit. Under FCC regulations, the failure to approve a permit for eligible facilities within the specified timeframes makes the permit “deemed approved.” The Applicant was noticed, however, that if it elects to install its equipment on the tower, it would be proceeding at its own risk should the City Council decide to change or revoke Conditional Permit 1021.

The Owner has also reported to the City that trespasses onto the site have been occurring, repairs to the site fence have been damaged and that there have been instances of vandalism and damage to vehicles left on site.

Additional Research into Access, Leasing History, and Alleged Nuisances During testimony at public meetings in November and December of 2023, members of the public asserted that:
 The facility was abandoned and non-operational for more than one year, contradicting the information provided within the Applicant and Owner’s discussions and applications to the City. San Clemente Municipal Code (SCMC) section 17.12.150 provides regulations related to the expiration of approvals, which indicate that a conditionally permitted land use is considered lapsed if it is inactive for a period of at least one year;  The facility has not been maintained in accordance with the conditions of approval included within Conditional Permit 1021; and
 The site has been operated in a manner that constitutes a public nuisance.

Following Council’s December 5, 2023 action to initiate a public hearing, staff gathered additional information related to these allegations.
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Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
First, City staff requested that the Owner provide verification of their access rights to the property.

The Owner commissioned a survey (Attachment 5), which identified their easement rights. The survey (dated November 1, 2023) indicates that the Owner does not have access rights to their property via Del Dios, a private road which was used in October and November by contractors of the Owner to gain access to the site in July of 2023 to de-stack the tower (per Building Permit B23-1495) and to conduct landscape maintenance in October and November of 2023 in accordance with direction provided by an OCFA inspector. Rather, the Owner and their tenants and/or contractors should be and should have been accessing the site via the 20’ easement that links to the Salvador water tower site, approximately two miles south.

Second, City staff requested that the Owner provide verification of continued operation of the site.

The Owner provided a lease history (Attachment 6) detailing the various tenants and the dates of their license agreements. The Owner indicates that AT&T has had continuous license agreements since ATC acquired the site from AT&T in 2000. The “Schedule 2” license agreement indicates an initial term commencing February 28, 2000 with extension options for 30 years. The Owner also indicates that there was never an intention on ATC’s part to abandon the use.

It should be noted that SCMC section 17.72.060(B)(1) creates a rebuttable presumption that discontinued legal non-conforming uses have been abandoned, stating in part: “Nonconforming Uses discontinued for more than one year (365 consecutive calendar days) shall be rebuttably presumed to have been abandoned.” The California Supreme Court has explained that although “[t]he term ‘discontinued’ in a zoning regulation dealing with a nonconforming use is sometimes deemed to be synonymous with ‘abandoned,’” that is not the law. Hansen Brothers Enterprises, Inc. v. Board of Supervisors (1996) 12 Cal.4th 533, 569. Rather, “[c]essation of use alone does not constitute abandonment. ‘Abandonment of a nonconforming use ordinarily depends upon a concurrence of two factors: (1) An intention to abandon; and (2) an overt act, or failure to act, which carries the implication the owner does not claim or retain any interest in the right to the nonconforming use.’” Ibid. Pursuant to SCMC section 17.72.060(B)(3), the property owner has the burden to prove how many consecutive days a use has been discontinued and/or prove a use has not been abandoned.

Staff believes that the evidence provided by ATC is sufficient for the City Council to find that ATC has met its burden to prove that the use may continue and was not abandoned consistent with SCMC section 17.72.060(B)(3).

Third, City staff reviewed complaint history received through its Code Compliance Division related to this site. There have been five nuisance cases opened since 2012, the accompanying descriptions are the complaints received which initiated the cases:
 CE2012-0536 Holes in fence
 CE2012-1479 Hole in fence surrounding cell tower
 CE2016-1519 RSC cell towers vandalized & security breached  CE2018-0245 Transient Break-in
 CE2020-0468 Graffiti on the Ridge Trail private cell site There have been three additional complaints received in 2023. These complaints did not result in code cases because underground cable work does not require a city permit and because the 284
Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
dispute over site access did not involve City property. However, the City did request proof of access/easement rights from the Owner, and a survey confirmed that they should not be accessing this property from Del Dios. The three additional complaints in 2023 were:
 CRM2306-0148 Complainant stated: “There is work being completed to the tower on APN# 690-552-05 (might also be referenced under 616 Del Dios, San Clemente, CA 92672) that does not have a permit. I have spoken to the city to confirm that no recent permits were pulled; however, someone from Cox cable knocked on my neighbors door to indicated that Fisher (name of contractor) will be starting construction on Monday in order to run Fiber to the tower. When asked whether they are putting a cell tower and 5G at that location, Brian Hunter from Cox Cable confirmed that that was the purpose of the work.”  CRM2306-0174 Complainant stated: “I believe there is working being done by Cox Communications subcontractor Team Fishel to move fiber from one location to another that is resulting in 3 days of boring and construction as they are taking up the sidewalk.”  CRM2309-0201 Complainant stated: “There is construction on the tower owned by American Tower. Per their CUP, they must be accessing site via Calle Del Cerro or Salvador via the Ridgeline Trail. They are occupying, blocking and damaging our private road on Del Dios. They do not have an Encroachment Permit.” Fourth, City staff reviewed calls for service, received between January 1, 2019 and December 14, 2023, by the Orange County Sheriff’s Department (OCSD) related to the site. There appear to be 18 calls for service related to the Owner’s property in that timeframe. All calls indicate juveniles trespassing onto Owner’s property, climbing the tower, and creating noise disturbances or throwing things from the tower. Typically, the teenagers had left the area prior to a deputy arriving for a patrol check, but in a couple of instances, deputies did make contact with the teens directing them to clear the property.

The final four calls for service occurred between November 9-10, 2023. These calls were related to a civil dispute between residents and the contractor(s) for the property Owner, with each party alleging that the other had trespassed. This occurred when Owner’s contractor was conducting landscape reduction in accordance with OCFA/CalFire standards. As previously noted, survey results (provided after November 10, 2023) indicated that the utilities easement routed from the City’s Salvador water tower property and did not include access from Del Dios.

Law Related to Public Nuisances
Under Civil Code section 3480, a public nuisance affects an entire community or neighborhood, or any considerable number of persons at the same time, although the extent of the annoyance or damage inflicted on individuals may be unequal. SCMC section 8.52.020 states: “No person shall allow, maintain or commit any public nuisance, or willfully fail to commit any legal duty relating to the removal of a public nuisance.”
While state law contains a definition of nuisance, under Government Code section 38771, cities are free to declare, by ordinance, what constitutes a nuisance. SCMC section 8.52.030 declares, in part, it “a public nuisance for any person owning, leasing, occupying or having charge or 295
Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
possession of any premises in this City to maintain such premises in such manner that any of the following conditions are found to exist thereon:
***
P. Maintenance of premises in such condition as to be detrimental to public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code Section 3479;
***
W. Any building or structure which has any or all of the following conditions or defects:
***

8. Whenever, for any reason whatsoever, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is used, ***

11. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing nuisance or unlawful or immoral acts,
***
Y. A structure, improvement, property, and/or land use not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval.

Additionally, pursuant to California Civil Code section 1714(a), “[e]veryone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property….” Staff believes that recent trespasses onto the site via the dilapidated fence, climbing on and throwing objects from the tower and public health and safety concerns are sufficient for City Council to find a public nuisance occurring at the site within the meaning of SCMC section

8.52.030.

While the Owner disagrees that there is a nuisance, it has indicated that it would voluntarily agree to implement additional measures to address site security concerns resulting from trespassing and vandalization activities at the site. See Attachment 9. These measures are included in the draft Resolution.

Council Options:

Following a public hearing:
 The City Council could decline to change or revoke Conditional Permit 1021.  The City Council could change Conditional Permit 1021 by adding/modifying conditions of approval or standards for development and operation of the site to mitigate the complaints and calls for service and make the site safer for the public and eliminate the public nuisance. 306
Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
 The City Council could revoke Conditional Permit 1021. If revoked, the Owner would need to apply for a new Conditional Use Permit (CUP) in order to reestablish a telecommunications use at the property. A new CUP would require review by the Planning Commission.

Environmental Review/Analysis
Each of the Council options referenced above is eligible for an exemption under CEQA:
 Taking no action would not require a CEQA determination.  Modifying the entitlement would be categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301 (14 CCR § 15301, Class 1:

Existing Facilities), Section 15302 (14 CCR § 15302, Class 2: New Construction or Conversion of Small Structures), and/or Section 15303 (14 CCR § 15303, Class 3: New Construction or Conversion of Small Structures).
 Revoking the entitlement (CP 1021) would not be a project under CEQA.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-09, which would find the project categorically exempt under Classes 1, 2 and 3, would make public nuisance findings and would modify the entitlement (CP 1021) to incorporate the following conditions of approval:

1. The Owner, its tenants, and any contractors, shall access the property only by means of Avenida Salvador easement – unless they can demonstrate easement rights via Del Dios.

2. The Owner, their tenants, and any contractors shall require escorted access for any vehicles other than light duty pickup trucks. Any damage to the Ridgeline trail observed by City staff to have occurred as a result of access by Owner, their tenants, and any contractors shall be repaired by a contractor of the City’s choosing within one (1) month of noticed damage.

3. The Owner and/or their tenant(s) shall permanently solve ongoing safety issues at the site by preventing persons from climbing the tower, which may be accomplished by replacing the lattice tower with a new monopole tower meeting the general design goals of the City’s Wireless Master Plan or other feasible solution approved by the City.

4. The Owner and/or its tenant(s) shall repair and/or replace the fence with a material and style supported by the City’s Code Compliance Manager and the City’s police services Captain or designee for the purpose of mitigating the issue of ongoing trespass.

5. The Owner and/or its tenant(s) shall install security cameras on the Property to alert the Owner of trespass and safety issues and the Owner shall take proactive responsibility for mitigating and preventing the issue of ongoing trespass.

6. The Owner and its tenants shall operate and maintain the site in a manner that complies with all applicable laws and regulations.

7. The Owner shall defend and indemnify the City.
..end
317
Meeting Date: January 16, 2024 Agenda Item: 8C

CITY OF SAN CLEMENTE
Attachments:

1. Resolution 24-09

2. Conditional Permit 1021

3. Voluntary Compliance Agreement dated July 6, 2023

4. Wireless Screening Form No. WMS 23-231

5. Survey of Easement Access to Site

6. History of ATC Lease/License Agreements

7. ATC redacted Lease/License Agreements

8. ATC’s suggestions to improve site security

9. Public comments
Notification:

Public Hearing published in the San Clemente Times, posted near the site, mailed to Owner and all property owners within 300 feet of property, and provided electronically to Owner, Applicant, and adjacent HOAs.
328
ATTACHMENT 2
33 34
35 36
37 38
39 City Council Special and Regular Meeting Minutes March 5, 2024

88. CONSIDERATION OF AUTHORIZING A GRANT IMPLEMENTATION

AGREEMENT WITH THE COUNTY OF ORANGE FOR THE SOUTH ORANGE

COUNTY INTEGRATED REGIONAL WATER MANAGEMENT GRANT
PROPOSITION 1 ROUND 2 GRANT FUNDING PROGRAM UNDER THE

CALIFORNIA DEPARTMENT OF WATER RESOURCES FOR THE RECYCLED

WATER QUALITY IMPROVEMENT PROJECT
Public Works Director/City Engineer Rebensdorf narrated a PowerPoint presentation entitled "Recycled Water Quality Improvement Project" and responded to Council inquiries. A hard copy of the presentation is on file with the City Clerk.

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

Adopt Resolution No. 24-28, which will:

1. Approve, and authorize the City Manager to execute, Contract No. C24- 12, a Grant Implementation Agreement by and between the City of San Clemente and the County of Orange, to receive the South Orange County Integrated Regional Water Management (IRWM) Grant Proposition 1 Round 2 grant funding, in the amount of $700,000, for the Recycled Water Quality Improvement Project and documents related thereto.

2. Authorize the City Manager or his/her designee to accept and deposit the grant funding reimbursement ($700,000) into the Sewer Connection Fee Reserve Fund, Account No. 054-477-45300-000-13203.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
8C. CONTINUANCE OF NO ACTION ON CONDITIONAL PERMIT 1021 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR'S PARCEL NUMBER 690-552-05
Community Development Director Atamian reviewed the contents of the Administrative Report and responded to Council inquiries.

Bert Levesque, Harborview Homeowners Association, provided an update on meetings between Harborview and American Tower Corporation.

Tony Rubolino spoke on comments made by Councilmember Duncan.

Motion by Mayor Pro Tern Enmeier, second by Councilmember Knoblock, CARRIED 5-0, to continue the abeyance of the revocation of Conditional Permit 1021 until September 3, 2024, which would maintain the status quo until that date.

ATTACHMENT 3
40 City Council
AYE:

NOE:

Special and Regular Meeting Minutes March 5, 2024
Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral
None
8D. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES
Amanda narrated a PowerPoint presentation entitled "Duncan's DC Trip". A hard copy of the presentation is on file with the City Clerk.

Tony Rubolino narrated a PowerPoint presentation entitled "Oh, You Don't Say".

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

Motion by Mayor Pro Tern Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to authorize an expenditure of up to $110 related to City Councilmember Duncan's mileage reimbursement to attend at the 2024 March Cal Cities Governance, Transparency and Labor Relations Policy Committee Meeting.

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

9. New Business
None
9A. CONSIDERATION OF ITEMS FOR ESTABLISHING THE ARTS & CULTURE COMMITTEE 2024 WORK PLAN
Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to Council inquiries.

Amanda narrated a PowerPoint presentation entitled "A & C". A hard copy of the presentation is on file with the City Clerk.

Motion by Mayor Pro Tern Enmeier, second by Councilmember Loeffler, CARRIED 4-1 (Councilmember Duncan voting NOE) to adopt Resolution No. 24-29 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING THE ARTS AND CULTURE
COMMITTEE 2024 WORK PLAN, with the addition of surf culture where appropriate.

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

41 SITE ACCESS AGREEMENT
This SITE ACCESS AGREEMENT ("Agreement") is entered into by and between AMERICAN TOWER MANAGEMENT, LLC ("Owner"), and the CITY OF SAN CLEMENTE (the "City"). Owner and the City are sometimes referred to herein individually as a "Party" and together as the "Parties."

RECITALS
WHEREAS, Owner owns and operates a wireless communications facility (the "Facility") located at 616 Del Dios, Rancho San Clemente, California 92672, APN 690-552-05 (the "Property").

WHEREAS, Owner wishes to grant the park rangers in the City's Park Ranger Program, currently overseen by the Community Development Department, (hereinafter referred to as the "Park Rangers") access to the Property to assist in responding to and deterring trespassing, vandalism, and other alleged unpennitted activity on the Property, on the terms and conditions set forth herein.

TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the Paities hereby agree as follows:

1. Rights Granted. Owner hereby grants to the Park Rangers a license to enter upon and access the Property to respond to calls, investigate, prevent, terminate, or otherwise appropriately respond to alleged trespassing, vandalism, and/or other alleged unpennitted activity at the Prope1ty. The foregoing activities of the Park Rangers are referred to herein collectively as the "Pennitted Activities." The City acknowledges that Owner's grant of license under the terms of this Agreement is limited to the Property and only those pmtions of the Property necessary for the Park Rangers to perform and complete the Permitted Activities. The rights granted under this Agreement are limited to the Pennitted Activities detailed above and do not include, inter alia, the entry onto the Property by any party other than the Park Rangers, including other City employees, agents, or representatives not connected to the Park Ranger Program, unless agreed to by Owner in advance. The City further acknowledges that the Permitted Activities shall be performed in a reasonable manner and with minimal disruption or damage to the Facility, surrounding environment, and community.

ATTACHMENT 4
42 2. Performance of the Permitted Activities.

2.1 All Permitted Activities, if the City in its sole and absolute discretion elects to perform them, shall be performed by the Park Rangers at the City's sole cost and expense (except for the proper application of the City's Repeat Nuisance Service-Call Fee, if any, pursuant to San Clemente Municipal Code Chapter 9.20) in a prompt, safe, efficient, and workmanlike manner and in compliance with all applicable federal, state, and local laws, regulations or ordinances, and permits, approvals and conditions granted or imposed by governmental agencies.

2.2 The Park Rangers may, but are under no obligation to, enter the Property for the purpose of performing the Permitted Activities at any time so long as the Park Rangers have legitimate reason to suspect that trespassing, vandalism, and/or other alleged unpermitted activities likely to be injurious to life or property are being conducted on the Property.

2.3 Except as may be otherwise permitted by the Rancho San Clemente Master Association and/or the Harbor View Estates Homeowners Association, the Park Rangers shall not access the Property via the entrance off Del Dios. The Park Rangers shall only access the Property via the utility access roads off Avenida Salvador, as identified in the survey attached hereto as Exhibit A. The American Tower lock to access the utility access roads off Avenida Salvador is the lock in middle of the chain with a red strip of tape wrapped around it.

2.4 If and when entering the Prope1ty and performing the Permitted Activities, the Park Rangers shall use reasonable efforts to minimize interference with, or impairment or disruption of, the current use, occupancy, and/or operation of any portion of the Property by Owner. Owner acknowledges, consents to, and agrees that some interference, impairment, or disruption of uses, occupancy or operations may occur as a result of the performance of the Permitted Activities, but does not consent or agree to Park Rangers engaging in dangerous or destructive activity, including but not limited to climbing the tower or touching equipment cabinets or electric boxes.

3. Effective Date. The Effective Date of this Agreement shall be immediately after both Pa1ties have executed the Agreement.

4. written notice.

Termination. This Agreement may be terminated at any time by either party upon

5. No Other Rights Granted. This Agreement shall not in any way entitle the City, the Park Rangers, nor any other public or private entity to pe1form any activities at the Property other than the Pennitted Activities, or as otherwise specifically authorized by this Agreement, without first obtaining Owner's prior written consent which may be granted or withheld in Owner's sole discretion.

6. Mutual Release. Owner agrees to and does hereby release the City and the Park Rangers from any and all actions, claims, costs, damages, penalties, assessments, and liability arising f
rom any incidental damage to the Facility or Property or operations at the Property that may reasonably occur in the ordinary course of completing the Permitted Activities. The City agrees to and does hereby release Owner from any and all actions, claims, costs, damages, penalties, assessments, and liability arising from any damage or harm that may befall the Park Rangers in the course of completing any Permitted Activities except for damage or harm 2 43
intentionally caused by Owner or its agents (including but not limited to the Park Rangers). The foregoing releases shall survive any tennination of this Agreement with respect to incidents occurring during the term of the Agreement.

7. Communications. The City shall notify Owner when it responds to any alleged trespassing, vandalism, and/or other alleged unpermitted activity likely to be injurious to life or property at the Property. The City shall notify Owner and provide it copies of any non-confidential written communications, including via electronic correspondence, between City and any government agency related to the fact of the Park Rangers performing any Permitted Activities.

Notifications to Owner shall be provided to:

American Tower Network Operations Center (NOC)
877-51 TOWER (877-518-6937)
[email protected]
With a copy to:

Emily Lane Murray Esq.

Allen Matkins Leck Gamble Mallory & Natsis LLP
865 South Figueroa Street, Suite 2800
Los Angeles, CA 90017-2543
(213) 622-5555
[email protected]

8. Applicable Law: Venue. This Agreement shall be interpreted, and any dispute arising hereunder shall be resolved, in accordance with the laws of the State of California, without reference to choice of law rules. Venue shall be exclusive in the state or federal Cou11s in Orange County, California and Owner waives any right that it may have under California Code of Civil Procedure section 394.

9. Integration. This document represents the entire agreement between the Parties on the subject matter contained herein. This Agreement supersedes and replaces any and all prior agreements between the Parties regarding the subject matter herein. No modification of the terms hereof shall be effective unless in writing and duly executed by the authorized representatives of the respective parties. Nothing in this Agreement shall have any effect on any other agreement or matter between the Pai1ies.

10. Severability. If any one or more of the provisions of this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, that invalidity, illegality or unenforceability shall not affect any other provision herein and this Agreement shall be construed as if the invalid, illegal or unenforceable provision had never been included; provided, however, in no event shall either Party be deprived of a material consideration by operation of this provision.

11. No Admission of Liability/Duty. Each of the Parties acknowledge and agree that this Agreement, the act of entering into it, and any act or omission pursuant hereto shall not be construed as an admission of any nature, nor shall anything in this Agreement be deemed to create a duty on the City's part to undertake any of the Permitted Activities. 3 44

12. Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purpo1ts to sign.

13. Counterparts/Electronic Signatures. This Agreement may be executed in any number of counterpa,ts, which shall together shall constitute one complete agreement. This Agreement may be executed electronically with the same force and effect as an original, ink signature.
[SIGNATURES ON FOLLOWING PAGE]
4 45
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and effective as of the last date set fo1th below.

Dated 08/05/2024
Dated 08/06/2024
AME
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AGEMENT, LLC
By: .:cc.:M•=====::.:.==-'-'------
Name: Margaret Robinson
Its: V.P., U.S. Tower Legal Ops.

APPROVED AS TO FORM:

Efl:lUjj Murr.
8 y: Emily Murray (Aug 5, 20241� EDT)
Name: Emily Murray
Its: Allen Matkins, Counsel

CITY OF SA

N CLEMENTE
. Andy Hall BY. Andy llaU {Aug 6, 2024 16;32 POD
Andy Hall, City Manager
APPROVED AS TO FORM:

By: c-%v"w�7;;::_·ci-A,�..a.(
Elizabeth A. Mitchell, City Attorney
ATTEST:

By: laur�JNgnolo(Aug!l,202411:lOPDll
Laura Campagnolo, City Clerk
5 46
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: September 3, 2024 Agenda Item: 10A.

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

CONSIDERATION OF A RESOLUTION AWARDING SPORTS PARTNERSHIP STATUS FOR THE
..body FALL/WINTER PRIMARY SEASON SPORTS
Fiscal Impact:

The Recreational Sports Partnerships Policy No. 702-5 (the “Policy”) allows for the City to provide a discounted rental rate to approved organizations. The total subsidy will depend on the approved partnership levels of each organization. Organizations that do not qualify for partnership status are offered up to a 40% discount on field rentals dependent on non-profit status. Under the Partnership policy, the following discounts are available:

Tier I Tier II Tier III Tier IV
Field Rates (Hourly) 90% 85% 80% 70%
Clinics/Tournaments 50% 35% 25% 25%
Light Fees No Discount No Discount No Discount No Discount Based on the recommendation, the anticipated subsidy in field rentals totals approximately $475,029 annually, based on 2023-24 usages. This covers the usage for the three organizations being considered as part of this report. Light fees are not reported as there is no discount on light fees. The table below provides an itemized overview of the discounted field rentals for each organization.

Rental Discount Projected Rental Revenue
Partnership
Subsidy
Resident
NonProfit
Partner
Discoun
t
Total
Rental
Cost
Without
Partnershi
p (40%)
With
Partnersh
ip (Tiered)
ESL 40% 90% $299,580 $179,748 $29,958 $269,622
SCYF 40% 90% $61,615 $36,969 $6,162 $55,454
AYSO 40% 85% $176,415 $105,849 $26,462 $149,953
Total Subsidy for Multipurpose Fields $475,029
47 Meeting Date: September 3, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
Summary:

Based upon the findings and guidelines provided in the Policy (Attachment 2), staff and the Beaches, Parks & Recreation Commission recommends that the City Council grant Tier I Recreational Sports Partnership Status to Elite Soccer League (“ESL”) and San Coast Youth Football (“SCYF”) each for a three-year term; and grant Tier II Recreational Sports Partnership Status to American Youth Soccer Organization Region 111 (“AYSO”) for a two-year term. The following table depicts the total number of participants and the percentage of San Clemente residents for each organization:

Partner Group Participants % of Residents Recommended
Tier
ESL 607 91.7% Tier I
SCYF 329 92.1% Tier I
AYSO 1,216 88.8% Tier II
Recommendations were determined based on the data provided within each application.

Additional details related to each organization’s application are included in the Background section of this report. Allocations were reviewed and recommended for approval by the Beaches, Parks, and Recreation Commission on June 11, 2024.

Background:

In 2023, the City Council adopted Policy No. 702-5, which sets forth the requirements and criteria for sports partnerships between the City and non-profit youth sports organizations. Games, tournaments, and practices must be conducted within San Clemente boundaries. The Policy intends to ensure the availability and opportunity of youth sports for San Clemente residents at a reasonable rate through field rental fee reductions.

The Policy allows Not-for-profit Community Organizations (Section 501(c)(3) or (c)(4)) to apply for partnership status in four different tiers and based on their sports primary season; eligibility criteria and minimum requirements are further outlined to qualify an organization within a specific tier.

Tier I Tier II Tier III Tier IV
Minimum Participants 300 300 200 100
Minimum (%) Residents 90% 85% 80% 70%
The Recreation Division opened the application period for “Cycle #1” (Fall/Winter Sports) partnerships on April 1, 2024. The Division received four applications: (1) AYSO Region 111; (2) ESL; (3) California Football Academy (“CFA”) Soccer Organization; and (4) SCYF. During the application review period, staff focus on the rosters and game schedules submitted by each organization given and verify residency for each player included in the roster. Three of the four organizations qualify for partnership.

1. AYSO was previously a Tier I (formerly known as Platinum/Senior) partner. This year, the number of San Clemente residents participating in the organization fell below the minimum 90% threshold, therefore resulting in a Tier II status. 48 Meeting Date: September 3, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 3

2. ESL increased the number of participants residing in San Clemente, resulting in the organization qualifying for a higher level of partnership, Tier I.

3. SCYF maintained its prior Tier I partnership status.

4. CFA is a club soccer organization, associated with ESL, targeting competitive participants that also applied for partnership. Due to the nature of the organization, CFA does not meet the minimum requirement for partnership and remains a non-resident non-profit organization as the organization’s headquarters is not in San Clemente.

If approved, each organization will be provided a Partnership Agreement (Attachments 4, 6, 8).

Each Agreement will require annual roster submissions and financial audits to the Recreation Division to ensure the organization continues to meet the minimum qualifications of its approved tier.

Council Options:
 Adopt the resolution, which will grant Tier I partnership status to Elite Soccer League and South Coast Youth Football for three years each, and Tier II partnership status to American Youth Soccer Region 111 for two years with an option to re-qualify for Tier I after Year 1 of the Agreement.
 Modify the resolution to change the level of partnership status or the term of agreement for one or more organizations.
 Deny the resolution to grant partnership status for one or more youth sports organizations.

Environmental Review/Analysis:

Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The action has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff and the Beaches, Parks & Recreation Commission recommend that the City Council adopt Resolution No. 24-137, which will:

1. Grant Tier II Recreational Sports Partnership Status to American Youth Soccer Organization Region 111 for a two-year term with an option to re-qualify for Tier I after Year 1 of the Agreement; and

2. Grant Tier I Recreational Sports Partnership Status to Elite Soccer League for a three-year term; and

3. Grant Tier I Recreational Sports Partnership Status to South Coast Youth Football for a threeyear term; and 49 Meeting Date: September 3, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 4

4. Authorize the Beaches, Parks & Recreation Director to execute Recreation Sports Partnership Agreement with each of the aforementioned organizations. ..end
Attachment:

1. Resolution No. 24-137

2. Policy No. 702-5, Recreational Sports Partnerships, Effective 7/18/2023

3. AYSO Region 111 Recreation Sports Partnership Application (2024)

4. AYSO Region 111 Recreation Sports Partnership Agreement – Proposed

5. Elite Soccer League Sports Partnership Application (2024)

6. Elite Soccer League Sports Partnership Agreement – Proposed

7. South Coast Youth Football Partnership Application (2024)

8. South Coast Youth Football Partnership Agreement - Proposed Notification:

AYSO Region 111
Elite Soccer League
South Coast Youth Football
California Football Academy (“CFA”) Soccer Organization 50 Attachment 1
RESOLUTION NO. 24-137

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING

RECREATIONAL YOUTH SPORTS PARTNERSHIP STATUS

TO AMERICAN YOUTH SOCCER ORGANIZATION REGION
111, ELITE SOCCER LEAGUE, AND SOUTH COAST YOUTH

FOOTBALL
WHEREAS, the City of San Clemente recognizes the importance of supporting youth sports programs that contribute to the health, development, and well-being of its residents; and
WHEREAS, the City seeks to provide accommodations including discounted field rental rates and priority use of field space to non-profit organizations focused on providing youth sports to San Clemente residents; and
WHEREAS, American Youth Soccer Organization Region 111 (“AYSO”), Elite Soccer League, and South Coast Youth Football have demonstrated a strong commitment to providing quality athletic opportunities for the youth of San Clemente; and WHEREAS, AYSO has provided valuable recreational soccer programs for children of all skill levels, promoting sportsmanship, teamwork, and physical fitness within the community; and
WHEREAS, Elite Soccer League has established itself as a premier competitive soccer organization, it further offers a recreation-based soccer program that intends to support youth athletes by providing sports instruction that develops each child into a successful athlete and student; and
WHEREAS, South Coast Youth Football has successfully operated as a leading youth football program, fostering discipline, teamwork, and athletic excellence in young athletes, while contributing to the overall sports culture of San Clemente; and WHEREAS, the three organizations qualified for youth sports partnership based on the requirements outlined in the Recreational Sports Partnership Policy No. 702-5; and WHEREAS, the City desires to formalize partnerships with these organizations to further support their missions and enhance youth sports opportunities within the City.

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

Section 1. Partnership Status Awarded
 AYSO Region 111 is hereby awarded Recreational Sports Partnership Status at Tier II Grant for a two-year term with the opportunity to reapply after Year 1 pending its success in increasing its total residents to meet the requirements of Tier I status.
51 Resolution No. 24-137 Page 2
 Elite Soccer League is hereby awarded Recreational Sports Partnership Status at Tier I for a three-year period.
 South Coast Youth Football is hereby awarded Recreational Sports Partnership Status at Tier I for a three-year period.

Section 2. The partnership status awarded by this resolution shall be effective so long as each organization maintains the minimum number of participants and residents required to qualify for its respective Tier and otherwise meets the requirements of applicable City policies.

Section 3. The Beaches, Parks & Recreation Director is hereby authorized and directed to execute Recreation Sports Partnership Agreements with the organization listed in Section 1 of this resolution in forms substantially similar to those presented to the City Council on September 3, 2024.

Section 4. The City Manager, or his/her designee, is hereby authorized to take any actions necessary to implement this resolution and formalize the partnerships as outlined herein.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
52 Resolution No. 24-137 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. 24-137 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
53 Attachment 2

54 6B - Attachment 1

55 6B - Attachment 1

56 6B - Attachment 1

57 6B - Attachment 1

58 6B - Attachment 1

59 6B - Attachment 1

60 6B - Attachment 1

61 6B - Attachment 1

62 Attachment 3
63 64
65 66
67 68
69 70
71 72
73 Attachment 4
Recreation 100 North Seville San Clemente CA 92672
55452.01600\29014959.2

RECREATION SPORTS PARTNERSHIP AGREEMENT
FOR
AMERICAN YOUTH SOCCER ORGANIZATION REGION 111
This RECREATION SPORTS PARTNERSHIP AGREEMENT(“Agreement”) is entered into this _______ day of _____, 2024 (the “Effective Date”), by and between the CITY OF SAN CLEMENTE, a municipal corporation (“City”) and AMERICAN YOUTH SOCCER ORGANIZATION, a California nonprofit public benefit corporation (“AYSO”), for a period of two (2) years starting on the Effective Date.

RECITALS:

WHEREAS, the City of San Clemente owns and operates athletic fields throughout the community. A permit is required for reservations, lighted evening use, and use of the sports fields by all clubs and sports organizations; and WHEREAS, AYSO is a private, non-profit public benefit organization that has been involved in recreational soccer activities in San Clemente for the past 25 years under the local area titled Region 111. AYSO serves over 1,000 children, aged four to nineteen years old. The AYSO soccer program (the “Program”) is well established, showing league structure for game rules and field policy, a governing board to regulate program standards, and a proven history of providing programs for San Clemente residents; and WHEREAS, AYSO Region 111 uses the City’s multipurpose sports fields on an ongoing basis and desires to enter into this Agreement to establish a standard and schedule of athletic field usage to better serve its members.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the parties AGREE as follows:

COVENANTS:

Based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, City and AYSO hereby agree as follows:

1. AYSO Program Requirements

1.1. As a material inducement to City’s entering into this Agreement with AYSO, AYSO agrees and covenants that, during the term of this Agreement, AYSO shall operate its Program in compliance with the following requirements, and agrees that any failure to strictly comply with any of the following requirements is a material breach of this Agreement:

1.1.1. AYSO is and shall remain currently registered and active with the State of California as a not-for-profit community benefit organization under Section 501(c)(3) or (c)(4) of the Internal Revenue Code. 74 -2-
55452.01600\29014959.2

1.1.2. AYSO is not aware that it is the subject of any formal investigation by any government agency of the City, the County of Orange, the State of California, or the United States Government. AYSO shall immediately notify the City in writing if it becomes aware that AYSO is the subject of any formal investigation by a government agency.

1.1.3. AYSO shall carry Commercial General Liability insurance and sexual abuse and molestation (SAM) insurance that complies with section 18 below.

1.1.4. AYSO shall remain able to demonstrate financial hardship if the discounts provided for by this Agreement are denied and AYSO is required to pay regular rates for the use of City amenities, fields, and/or facilities.

1.1.5. AYSO has and shall maintain an open enrollment policy regardless of the participant’s skill level. For purposes of this Agreement, “Open Enrollment Policy” shall mean no child shall be denied enrollment based on skill level.

1.1.6. AYSO shall maintain and enforce a “minimum play rule” for all levels of programming which requires that each person enrolled in the Program shall play 50% of the time for each game.

1.1.7. AYSO shall provide financial scholarships covering at least 10% of the participants enrolled for 50-100% of their registration fees to those participants that are in “financial need.” For purposes of this Agreement, “financial need” shall mean those families that can prove a financial and/or special hardship. The scholarship is given to the child to provide an opportunity to enroll in league activities. AYSO shall operate on the philosophy that no child will be denied a chance to play soccer due to financial hardship. AYSO will be required to submit to City their financial reports outlining their scholarship distribution after the program registration period.

1.1.8. AYSO shall prohibit discrimination based on race, religion, national origin, ethnicity, sexual orientation, or gender. To promote a positive drug-free and child-friendly environment at City facilities, AYSO shall enforce a “zero tolerance” policy. Any AYSO officer, employee, agent, volunteer, or participant who is found to have abused alcohol, controlled substances (which have not been prescribed for the member), cannabis, or tobacco shall be prohibited from participating in AYSO activities.

1.1.9. AYSO represents and warrants that it is familiar with the requirements of AB506 (Business and Professions Code section 18975) and the Child Abuse and Neglect Reporting Act (Penal Code sections 11164 - 11174.3), and that it and every person volunteering or performing any 75 -3-
55452.01600\29014959.2
services on behalf of AYSO while this Agreement is in effect does and will, at all times, comply with such requirements.

1.1.10. AYSO supplies and shall continue to supply participant rosters annually to City. AYSO membership shall be comprised of no less than 85% San Clemente residents.

1.2. AYSO shall maintain all documentation necessary to demonstrate compliance with all of the above. City shall be permitted to inspect and make and retain copies of any documentation necessary to verify Program compliance with this Article 1.

1.3. The terms, discounts, and usages defined within this Agreement are intended to be applied only to AYSO Region 111. Any alternate subdivision or region of AYSO must apply for field uses through the field rental process as implemented by the City’s Recreation Division. Partnership discounts do not apply to other AYSO regions.

2. AYSO Representatives To City

2.1. AYSO shall designate one official representative who shall be City’s primary contact and who shall coordinate the program, field space, and overall agreement with the City. The AYSO representative shall have the authority to make decisions for AYSO, sign applications with City on behalf of AYSO for field use, approve billing, understand the field operations regarding both scheduling and maintenance, assist with AYSO planning of field allocations, and be responsible for resolving conflicts if/when they arise.

2.2. AYSO is responsible for notifying City in writing within thirty (30) days of any change in its designated AYSO representative referenced in Section 2.1.

2.3. The City Beaches, Parks and Recreation Department will be the City liaison coordinating all City operations. City responsibilities are delegated to the Recreation Division, with staff coordination from the assigned Recreation Supervisor or his/her designee. This representative(s) is responsible for field allocations, applications, billing, insurance, lights, and scheduling conflicts that may arise during the course of this Agreement.

2.4. After-hours maintenance concerns related to field damage, vandalism, park conditions, or field and park-related emergencies should be directed to the Public Works Maintenance Services Division at (949) 361-8317.

3. Athletic Field Rental Rates

3.1. All field assignments shall be made by City in its sole and absolute discretion. AYSO shall pay a Field Rental Fee to the City within 14 business days after receipt of Field Use Permits for the upcoming season or month.

3.2. Field Rental Fee. The fees noted below shall remain in effect during the entire term of this Agreement. The following use fees for non-profit youth sports 76 -4-
55452.01600\29014959.2
organizations are collected by the Recreation Division. Fees are subject to change based on City Council resolution. Organizations will be notified of any proposed changes before any public meeting to adopt fee changes.

Park/Rental Type Hourly/Daily Fee Discount Partner Fee
Neighborhood $40/hour 85% Discount $6/hour
Community $50/hour 85% Discount $7.50/hour
Sport $60/hour 85% Discount $9/hour
Tournaments See hourly rates above 35% Discount ---
Camps/Clinics See hourly rates above 35% Discount ---
Light Fee $15/hour 0% $15/hour

4. Field Storage
During the term of this Agreement, AYSO is permitted to place a storage bin(s) for equipment and supplies to be used at the field at which the equipment is stored as follows:

4.1. Designated park storage space will be identified at the start of each primary season and reviewed bi-annually with the organization. A separate storage use agreement may be initiated under consideration of the Beaches, Parks & Recreation Director with agreement by both parties of this Agreement.

4.2. Keys for City park storage areas will be given only to the AYSO representative defined in Section 2. A signature for key check-out is required on all keys.

Lost keys must be reported immediately to the City. The organization will be responsible for covering all costs associated with the re-key of said facility. AYSO is required to keep control over keys and assignment of keys.

4.3. AYSO is responsible for the maintenance, rental, and safety of the storage unit, and all supplies therein. At no time will combustible supplies or hazardous materials be permitted to be stored on City Property. The foregoing prohibition applies to materials that include but are not limited to flammable products such as gasoline for equipment or propane for barbecues.

4.4. AYSO is expected and required to release unused or unneeded storage facility space if the organization deems it is no longer necessary for operations.

5. Concessions

5.1 AYSO is approved to utilize the concession buildings at Forster Ranch Park (located near Field 4/5) and Vista Hermosa Sports Park (located near Field 6), to sell concessions to their participants provided they apply for and obtain the appropriate permits from the Orange County Health Department. Such permit shall be available at all times for viewing during concession sales.
77 -5-
55452.01600\29014959.2

5.2 The City reserves the right to impose fees for the use of the concession stand. Fees will cover the cost of maintenance and utilities. All fees will be approved through the City Council by Resolution. AYSO will be notified of all meetings and public hearing opportunities.

5.3 AYSO may only sell food products to the program participants and fans during the scheduled league dates.

5.4 AYSO must adhere to Orange County Health Department standards for the storage and preparation of food items.

5.5 Any food items left in storage should be properly stored in airtight containers to control pests and protect the quality of the food.

5.6 AYSO will not permit children or those under 18 to operate a BBQ and other appliances or use flammable liquids or materials.

5.7 Use of Styrofoam products is prohibited. The City of San Clemente passed Resolution No. 04-27, prohibiting the use of food service items comprised of expandable polystyrene, commonly referred to by the trade name “Styrofoam.” Rental agreements for the usage of any City-owned property or facility shall require the renter to assume the responsibility for preventing the utilization and/or distribution of expandable polystyrene food service products, commonly referred to by the trade name “Styrofoam”, by any attendee or vendor (caterer) utilizing the City property or facility during the term of the rental agreement. Failure to abide by this resolution will result in the automatic denial of future field rentals.

6. Field Scheduling

6.1. Although community programs and community contract classes have priority, the City offers Sports Partners the opportunity to schedule field space in three to four increments for the year. The scheduling of “blocks” of time is coordinated by the Recreation Division. Fields booked for AYSO are to be utilized solely for AYSO programs.

AYSO may not sublet field space to any non-AYSO or other organization. There is no exclusive use of any fields; therefore, the City has a right to rent any field to other organizations.

6.2. To assist the City in determining a Master Field Calendar for each allocation period, AYSO must complete the necessary application requesting needed field space by the date and timelines determined by the Beaches, Parks & Recreation Director or his/her designee.

6.3. AYSO representatives must attend the field allocation meeting bi-annually to coordinate other group needs in the community.
78 -6-
55452.01600\29014959.2

6.4. AYSO shall request only needed field space, and not overbook the fields.

The Recreation Division will assist AYSO in determining necessary field space by reviewing the number of participants in AYSO and the length of primary season games.

6.5. AYSO will be required to submit all practice and game schedules to the City for review before Opening Ceremonies.

6.6. AYSO will be required to relinquish all field space that is not needed to the City before Opening Ceremonies.

6.7. If once regular season league play begins and the City determines that not all field space is needed by AYSO, the City will request that AYSO relinquish reserved time for other rentals. It is the responsibility of AYSO to coordinate all field schedules with its participants and coaches.

6.8. It is the responsibility of AYSO to coordinate all block schedules with their participants. This includes scheduling fields and monitoring the fields for use. Fields that are consistently left vacant within block permit time will be reviewed by the Recreation Division for reassignment.

6.9. AYSO will be required to submit practice and games schedules to the Recreation Division for review one week prior to Opening Day Ceremonies.

7. Field Use and Parking

7.1. Sports fields without lights are closed at dusk, and no later than 9 p.m.

Lighted sports fields close at 10 p.m. AYSO is required to vacate all fields prior to closing time.

7.2. All parks close at 10 p.m. Should park gates be locked for the evening, vehicles remaining in the parking lot(s) will be under the authority of the Orange County Sheriff’s Department and subject to ticketing and impound.

7.3. Cancellations and changes to approved rentals. A change fee of $25.00 will be added for any change in time or space requested after a rental permit has been approved and billed out.

7.4. Nonuse of fields. AYSO will be charged the full hourly rate (non-discounted) for AYSO-affiliated groups without permits or usage without approval.

7.5. Edits and cancelations of reserved fields must be made a minimum of 12 hours before the start of the rental time listed on the permit if the fields will be unutilized.

Advanced timing for change requests must take into account the City’s office hours of operation. These change requests will be used to revise the monthly billing, and AYSO will be issued a refund for the released fields. Change requests to reduce field usage may not be submitted after the rental date.
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7.6. All changes in permitted field space must be submitted in writing the Recreation Coordinator or Supervisor overseeing the field use permit. Online requests may be submitted electronically through www.san-clemente.org/fieldchange

7.7. City parks with athletic fields have limited parking. Some of these parks also have restricted parking on the street (Talega, Liberty, and Tierra Grande). AYSO must communicate these parking limitations to their participants. City is not responsible for providing parking to AYSO participants. AYSO must manage the use of space by coordinating its game and practice schedules according to the availability of parking at each site.

7.8. To reduce the impact on parking and congestion in these parks, the City will limit the number of rental permits on weekends during league play and summer months.

7.9. When scheduled at a neighborhood or community park field, AYSO must incorporate a 10-15 minute buffer in game schedules to reduce overlap of game times and allow for adequate time between games for players leaving the games to vacate parking spaces for those coming in.

7.10. AYSO must inspect and notify the City immediately of any safety hazards at facilities and fields.

8. Sport Light Use

8.1. AYSO shall be charged a separate Light Use fee from the hourly Field Use Fee or flat rate Administrative Fee. The Light Use fee varies by ball field and will be billed according to use. Discounts do not apply to light fees.

8.2. Key Operated Lights: Youth Sports Organizations that have reserved and paid for lighted sports fields will be granted a key to operate the field lights. Keys will be checked out to AYSO by the City Recreation Division staff. Duplication of keys is not permitted. Representatives must note the rules and operation of the lights. AYSO is required to keep custody and control over keys and assignment of keys.

8.3. Computer Operated Lights: Once a light schedule is determined by the user and is approved by the Recreation Division by permit, the Recreation Division will code the light towers by scheduling with MUSCO. Lights are automatically turned on and off by block time and are not permitted later than the closing time.

8.4. AYSO must designate field representatives to monitor the field use in the evening to ensure that the fields are not vacant with lights on. AYSO shall shut the lights off if /when they plan to leave the park in advance of the time issued. The City will issue a toll-free phone number to contact MUSCO Lighting and a password that allows AYSO direct contact with the lighting company. Recreation Staff will monitor the MUSCO statements for changes made by the league and adjust the billing. 80 -8-
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9. AYSO Contributions to Field Maintenance

9.1. Per City Policy No. 702-5, AYSO shall pay a field maintenance fee of $5 per participant, per season, based on the previous year’s fall/spring rosters.

9.2. AYSO shall obtain prior written consent from the City to make any alterations, additions, or improvements to City fields including routine field maintenance and preparations which include mowing, picking weeds, raking, and/or chalking. AYSO understands and agrees that any other such alterations, additions, or improvements must comply with all state and local standards.

10. AYSO Supplies and Equipment Contribution

10.1. AYSO will provide for its field equipment, and other supplies as necessary as well as be responsible for field preparation as assigned below.

10.2. AYSO will be responsible for lining fields for game play as necessary for their leagues.

10.3. AYSO may store specialized field equipment and game supplies in available storage sheds as per agreement. AYSO may not sublet the storage area to other groups.

10.4. Field maintenance equipment left on City fields for the duration of the season will be the responsibility of AYSO. Equipment found in disrepair is the responsibility of the user group to remove promptly. Organizations found in contempt of this may forfeit their right to store equipment on fields or be charged for the costs associated with removal and disposal.

11. Inclement Weather Field Procedures

11.1. When fields must be closed due to rain or other inclement weather, saturated field conditions due to irrigation problems, any damage due to vandalism, or other conditions needing immediate attention, the Parks Maintenance Division will determine the closure term and begin procedures as follows.

11.2. City will determine the appropriate amount of days for the field to remain closed to the extent possible by utilizing weather reports and daily on-site field inspections. The City shall post closure signs on the fields, accordingly.

11.3. Field closures will be listed on the City’s official MUDLINE which can be accessed at the City’s website. Each organization is responsible for reviewing the MUDLINE, the City will not contact field users individually regarding closures. The MUDLINE is updated when fields are closed by 1 p.m. on weekdays and by 8 a.m. on weekends. When a field is closed, it is closed for the remainder of the day.

11.4. AYSO shall ensure that their league coaches and participants stay off all closed fields.
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11.5. AYSO agrees to reimburse the City for any maintenance costs directly attributed to damage or misuse of athletic fields by AYSO participants or during their use by AYSO, including unauthorized alteration of a City park site, within ten (10) days of the request for reimbursement by the City.

12. Vehicle Access
Vehicles are not permitted on City fields. AYSO agrees and acknowledges that volunteer coaches and other program participants will not drive vehicles onto the fields.

This includes vehicles driven by coaches to unload game equipment or supplies for the program.

13. Field and Park Clean-Up
AYSO shall clean up fields and associated park areas in the proximity of the field after each use by AYSO. This includes litter left behind from fans in the bleachers, dugouts, or snack concession stand areas. The City will provide adequate trash containers. AYSO shall prevent all materials or water related to clean-up activities after the event from entering the storm drain system (i.e. street gutters or catch basins).

14. Crowd Control
It is the responsibility of AYSO to keep registered participants and their fans from engaging in un-sportsmanlike conduct, such as fighting, or rude and abusive verbal confrontations. If field representatives or game officials of the league cannot control the situation, AYSO should contact the Orange County Sheriff’s Department for assistance.

15. Tournaments, Camps/Clinics, Special Events, and Opening Day

15.1. AYSO may apply to organize other programs in conjunction with the league, such as tournaments, camps/clinics, special events, and opening day ceremonies (“Program Events”). AYSO shall give notice of all Program Events to the Beaches, Parks, and Recreation Department by way of application thirty (30) days in advance of the rental.

In reviewing Program Event requests, the City shall consider the potential impacts on the neighborhood and park amenities. The Recreation Division will review and coordinate the appropriate permits and services it deems necessary for any Program Events, such as planning for additional janitorial in restrooms, overflow parking, and sound permits.

Please note the rules regarding tournaments, special programs, and events which are outlined in the Tournament Application and Policy Guidelines. In some instances, the City may require a Special Event Permit application to be submitted. The City representative to AYSO will communicate this process to the organization.

15.2. AYSO will receive the Tier II Partnership discount of 85% for Opening and Closing Day Ceremonies.

15.3. AYSO will receive a 35% discount for Tournaments and Camps/Clinics. 82 -10-
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15.4. AYSO must submit a field request and meet with City staff at least thirty (30) days prior to the Program Event date and complete an Orientation Checklist.

15.5. AYSO must participate in a recycling program outlined in the Tournament Application and Policy Guidelines.

15.6. AYSO shall prohibit the consumption of alcoholic beverages at all Program Events.

15.7. Amplified sound is subject to enforcement as per the City of San Clemente Noise Ordinance. Sound Permits are required for all amplified sounds, including but not limited to PA systems and DJs as well as for any live entertainment such as bands that include amplification for the instruments, drums, horns, etc. Applications are reviewed by the City’s Beaches, Parks, and Recreation Department.

15.8. Bounce houses or similar inflatable features are not permitted on City Parks unless approved in advance with appropriate liability insurance naming the City of San Clemente as additionally insured and meeting all requirements of section 17 below.

15.9. Per (Orange County Fire Authority (“OCFA”) Guideline F-05) an OCFA permit is required to erect or operate a tent or air-supported temporary membrane structure having an area in excess of 200 square feet, or a canopy in excess of 400 square feet, except for structures used exclusively for camping. (UFC 105.8t.1). The regulations of the State Fire Marshall for large and small tents, awnings and other fabric enclosures shall also apply. (UFC 320).

16. League Promotions

16.1. Printed Materials: AYSO will be responsible for all printed promotional materials for its leagues and tournaments. The City shall not copy flyers, posters, registration packets, or any other printed materials. AYSO is encouraged to use the designated City brochure racks located at the Community Center and the San Clemente Aquatics Center located in the Vista Hermosa Sports Park. Flyers may not be left on parked vehicles at any City Park or facility.

16.2. Magazine/Website Space: The City will include contact information for AYSO once each quarter in the City’s Recreation Magazine and on the City Website in the youth sports section. AYSO is responsible for submitting accurate information to the City prior to the publishing schedule.

16.3. Overhead Banner Reservation: AYSO may seek to participate in the City’s overhead banner program in the same manner as any other Community Partner. Regular banner fees apply for the banner hanging. Space in the calendar is based on date availability in conjunction with other city programs and partners. Applications are available in November of each calendar year and processed by January.

16.4. Banners on Field Fences and Park Areas: AYSO shall not use City parks or facilities to hang banners on the fences or buildings except as provided for herein. 83 -11-
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During games, Program Events, and registration days, AYSO may temporarily hang banners on the ball field fences provided such banners are removed when vacating the field on the same date. Exceptions may be made for seasonal banners on hub fields that are not regularly used by any other organization in the City’s sole and absolute discretion.

Any such exceptions shall be negotiated and pre-approved by the Recreation Division prior to placing banners.

17. Indemnification
To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), AYSO shall defend (with legal counsel acceptable to City), indemnify, and hold free and harmless City and City’s agents, officers, and employees, (collectively, the “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of any AYSO participants, invitees, spectators, officers, agents, employees, representatives, volunteers or subcontractors of AYSO [collectively, the “AYSO Entities”]), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert contractors or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, to (a) AYSO’s use of the City facilities, including but not limited to the San Clemente fields, by any of the AYSO Entities, anyone directly or indirectly employed by any of them, or anyone that they control or invite to the premises, or (b) any act or omission of any of them in connection with their use of the City facilities or their obligations under this Agreement (collectively, the “Liabilities”). Such obligation to defend, hold harmless, and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the sole and active negligence or willful misconduct of such Indemnitee.

18. Insurance

18.1. Prior to the City’s execution of this Agreement, and as a condition to the effectiveness hereof, AYSO shall submit certificates and endorsements to the City indicating compliance with the following minimum insurance requirements, and AYSO shall maintain such insurance in effect during the entire term of this Agreement:

18.1.1. Commercial General Liability, personal injury and property damage liability, contractual liability, independent contractor’s liability, and with minimum combined liability limits of Two Million Dollars ($2,000,000) per occurrence for all covered losses, and Four Million Dollars ($4,000,000) in the aggregate. Any deductible or self-insured retention in excess of Five Thousand Dollars ($5,000) shall be declared to the City and requires the prior approval of the City’s Risk Manager.

18.1.2. AYSO shall carry sexual abuse and molestation (SAM) insurance with limits not less than $1,000,000 per occurrence or claim with an aggregate of not less than $2,000,000. The policy shall provide coverage including but 84 -12-
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not limited to claims for improper sexual conduct, damages because of bodily injury, and negligent hiring and supervision.

18.2. Each such policy of insurance shall:
(i) be issued by companies that hold a current policy holder’s alphabetic and financial size category rating of not less than A-VII, according to the current Best’s Key Rating Guide or a company of equal financial stability that is approved by City’s Risk Manager for all coverages except surety;
(ii) name and list as additional insured City and City’s officers, employees, and agents. An endorsement shall accompany the insurance certificate naming such additional insured. Additional Insured Endorsement is subject to approval by the city’s risk manager, at their sole discretion;
(iii) specify it acts as primary insurance and that no insurance held or owned by City shall be called upon to cover a loss under the said policy;
(iv) contain a clause substantially in the following words: “It is hereby understood and agreed that this policy may not be canceled or materially changed except upon thirty (30) days prior written notice to City of such cancellation or material change as evidenced by a return receipt for a registered letter;”
(v) cover the operations of AYSO pursuant to the terms of this Agreement; and
(vi) be written on an occurrence and not a claims-made basis; and (vii) All defense costs shall be outside the limits of the policy

18.3 With respect to such insurance policies, original documents shall be sent to:

Original documents sent to:

City of San Clemente
Risk Management Office
910 Calle Negocio, San Clemente, CA 92673
[email protected]
One additional copy sent to:

Beaches, Parks and Recreation Department
100 Calle Seville, San Clemente, CA 92672
[email protected]
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19. Violation Warning Procedure and Disciplinary Policy

19.1. Purpose: The purpose of this policy is to implement a systematic method of enforcing the Municipal Code and Field Rules, Use and Allocation Policy.

19.2. Policy: City reserves the right to cancel or suspend any and all permits issued to AYSO as well as any other use of City facilities as provided for under this Agreement for meets, practices, and other usages based upon AYSO’s violation of the City Municipal Code or this Agreement.

19.3. Commitment: AYSO’s Board of Directors is required to notify their volunteer coaches, parents, and participants about the rules and regulations set forth in the Ball Field and Park Rental Policies, municipal codes, and guidelines within this Agreement.

The Recreation Division will work closely with AYSO to address concerns and enhance communications between staff, field users, and the community. It is the responsibility of AYSO to notify City of any concerns.

19.4. Outcome: AYSO shall regularly communicate with AYSO members to educate participants, coaches, and parents to become increasingly more responsible working within the Municipal Code and field rules, and user agreements, especially where traffic, noise, parking, trash, and issues are concerned. By enhancing communication all parties involved will benefit.

19.5. Violations: City shall document violations resulting from AYSO’s failure to follow the terms of this Agreement, the Municipal Code, and City Department policies and procedures.

19.6. Notification: City staff will contact the AYSO representative to discuss any noticed violation. City shall e-mail AYSO’s representative, with a copy to the President, and will follow up on the telephone conversation confirming the discussion and details of the incident or violation.

19.7. Proposed Resolution and Timeline: AYSO’s representatives will work with City staff to propose a resolution and define the timeline in which the issue will be resolved. This information will be confirmed in writing to both the AYSO’s representative and its President. If AYSO fails to take the necessary actions to resolve the issue as agreed upon between the parties, City may resolve the issue and charge AYSO for any manpower and/or equipment used to resolve the issue. AYSO shall bear all costs and expenses City deems necessary to completely resolve the issue and shall reimburse the City within ten (10) days of demand.

19.8. Warning Issued: If the issue is not resolved by the agreed-upon date, City shall send a written warning to AYSO.
(i) First Warning: The First Warning letter will be sent upon AYSO’s first failure to resolve an issue resulting from a direct violation of this Agreement, the Municipal Code, or park operating policy or rule. A letter will be written to AYSO’s President and representative 86 -14-
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documenting the violation and will be placed in AYSO’s file. A report and/or pictures of the violation will be included for reference. The matter may be appealed by AYSO to the Beaches, Parks and Recreation Department Director.
(ii) Second Warning: A Second Warning is issued after a second documented violation occurs within one year (365 days) from the First Warning. City will send AYSO a letter notifying AYSO that a City staff member will be assigned to monitor AYSO activities due to the violation. AYSO will be billed for the assigned hours of said staff member at the staff member’s appropriate hourly rate. The staff member will act as a City representative on duty to monitor activity at the fields and to report further violations to City. This may be appealed to the Beaches, Parks and Recreation Department Director.
(iii) Third Warning: A third warning is issued after a third documented violation occurs within one year (365 days) from first violation. Upon issuance of a Third Warning City shall review this Agreement. The Agreement is subject to termination upon such review. Any termination may be appealed to the Beaches, Parks and Recreation Department Director and ultimately appealed to the Beaches, Parks and Recreation Commission and/or City Council.

19.9. Termination: City may terminate this Agreement without cause by providing thirty (30) days’ notice in writing.

19.10. City reserves the right to audit AYSO’s rosters and game schedules at any time to ensure compliance with the standards of Policy No. 702-5, attached hereto in Exhibit “A” for reference.

19.11. San Clemente Municipal Code: Nothing in this Agreement shall limit the City’s authority to enforce the San Clemente Municipal Code or otherwise take legal action under State law.

20. Term and Cooperation

20.1. The term of this agreement shall be two year from the Effective Date unless canceled under the provisions of Section 19.9.

20.2. AYSO shall adhere to all the policies and procedures of City and cooperate with the Department and City staff to ensure that the purpose of this Agreement is met.

AYSO shall not discriminate against those in its employ, volunteers, or participants on account of race, religion, national origin, ethnicity, sexual orientation, or gender (except where gender is a bona fide issue for the sports program and is in compliance with the law).
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21. Miscellaneous

21.1. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings, or ancillary covenants, undertakings, or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings, or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

21.2. Severability. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void, or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld.

21.3. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of City shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

21.4. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

21.5. Singular and Plural. As used herein, the singular of any word includes the plural.

21.6. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

21.7. Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

21.8. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

21.9. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes, and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of 88 -16-
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this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than two (2) years.

21.10. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

21.11. Counterparts/Electronic Signatures. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. This Agreement may be executed electronically with the same force and effect as an original ink signature.

21.12. Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or such other appropriate court in said county, and the parties hereto waive all provisions of law, including under Code of Civil Procedure section 394, providing for the filing, removal or change of venue to any other court.

Service of process on City shall be made in accordance with California law. Service of process shall be made in any manner permitted by California law and shall be effective whether served inside or outside California.

21.13. Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non-material modifications may be approved by the City Manager upon the recommendation of the Beaches, Parks and Recreation Director and approval of the City Attorney.

21.14. Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing and is duly authorized and registered to conduct business in California, (ii) such person is duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound, and (v) such person will indemnify the other party should any such representations and warranties prove false.

21.15. Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing:
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If to City: City of San Clemente
100 N. Calle Seville
San Clemente, CA 92672
Attention: Beaches, Parks & Recreation Director
With a copy to: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attention: City Clerk
If to AYSO: AYSO Region 111
647 Camino de los Mares, Suite 108, PMB 164
San Clemente, CA 92673
Attention: President
With a copy to: American Youth Soccer Organization
19700 S Vermont Ave #103
Torrance, CA 90502
Attention: CEO
[End – signature page follows]
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IN WITNESS WHEREOF, City and AYSO have caused this Agreement to be executed on their behalf by their respective officers or agents herein duly authorized as of the date first written above.
“CITY”

CITY OF SAN CLEMENTE,
a municipal corporation
By:

Samantha Wylie, Beaches, Parks and
Recreation Director
ATTEST:

City Clerk of the City of
San Clemente, California
APPROVED AS TO FORM:

Elizabeth A. Mitchell,
City Attorney
“AYSO”

AMERICAN YOUTH SOCCER
ORGANIZATION 111,
a California nonprofit public benefit
corporation
By:

Its: Michael Karon, CEO
By:

Its: Margaret Close, Secretary
91 Attachment 5
92 93
94 95
96 97
98 99
100
Attachment 6
Recreation 100 North Seville San Clemente CA 92672
55452.01600\29014959.2

RECREATION SPORTS PARTNERSHIP AGREEMENT
FOR
ELITE SOCCER LEAGUE, INC.

This RECREATION SPORTS PARTNERSHIP AGREEMENT(“Agreement”) is entered into this _______ day of _____, 2024 (the “Effective Date”), by and between the CITY OF SAN CLEMENTE, a municipal corporation, and ELITE SOCCER LEAGUE, INC. (“ESL”), a California nonprofit benefit corporation, for a period of three (3) years starting on the Effective Date.

R E C I T A L S
WHEREAS, the City of San Clemente owns and operates athletic fields throughout the community. A permit is required for reservations, lighted evening use, and use of the sports fields by all clubs and sports organizations; and WHEREAS ESL is a private, non-profit public benefit organization that has been involved in recreational soccer activities in San Clemente for the past 20 years. ESL serves over 600 children, aged four to sixteen years old. The ESL soccer program (the “Program”) is established, showing league structure for game rules and field policy, a governing board to regulate program standards, and a proven history of providing programs for San Clemente residents; and
WHEREAS ESL uses the City’s multipurpose sports fields on an ongoing basis and desires to enter into this Agreement to establish a standard and schedule of athletic field usage to better serve its members.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the parties agree as follows:

C O V E N A N T S
Based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, City and ESL hereby agree as follows:

1. ESL Program Requirements

1.1. As a material inducement to City’s entering into this Agreement with ESL, ESL agrees and covenants that, during the term of this Agreement, ESL shall operate its Program in compliance with the following requirements, and agrees that any failure to strictly comply with any of the following requirements is a material breach of this Agreement:
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1.1.1. ESL is and shall remain currently registered and active with the State of California as a not-for-profit community benefit organization under Section 501(c)(3) or (c)(4) of the Internal Revenue Code.

1.1.2. ESL is not aware that it is the subject of any formal investigation by any government agency of the City, the County of Orange, the State of California, or the United States Government. ESL shall immediately notify the City in writing if it becomes aware that ESL is the subject of any formal investigation by a government agency.

1.1.3. ESL shall carry Commercial General Liability insurance and sexual abuse and molestation (SAM) insurance that shall comply with section 18 below.

1.1.4. ESL shall remain able to demonstrate financial hardship if the discounts provided for by this Agreement are denied and ESL is required to pay regular rates for use of City amenities, fields, pools, and/or facilities.

1.1.5. ESL has and shall maintain an open enrollment policy regardless of the participant’s skill level. For purposes of this Agreement, “Open Enrollment Policy” shall mean no child shall be denied enrollment based on skill level.

1.1.6. ESL shall maintain and enforce a “minimum play rule” for all levels of programming which requires that each person enrolled in the Program shall play 50% of the time for each game.

1.1.7. ESL shall provide financial scholarships covering at least 10% of the participants enrolled for 50-100% of their registration fees to those participants that are in “financial need.” For purposes of this Agreement, “financial need” shall mean those families that can prove a financial and/or special hardship. The scholarship is given to the child to provide an opportunity to enroll in league activities. ESL shall operate on the philosophy that no child will be denied a chance to play soccer due to financial hardship. ESL will be required to submit to City their financial reports outlining their scholarship distribution at the conclusion of the program registration periods.

1.1.8. ESL shall prohibit discrimination on the basis of race, religion, national origin, ethnicity, sexual orientation, or gender. To promote a positive drug-free and child-friendly environment at City facilities, ESL shall enforce a “zero tolerance” policy. Any ESL officer, employee, agent, volunteer, or participant who is found to have abused alcohol, controlled substances (which have not been prescribed for the member), cannabis, or tobacco shall be prohibited from participating in ESL activities.

1.1.9. ESL represents and warrants that it is familiar with the requirements of AB506 (Business and Professions Code section 18975) and the Child 102
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Abuse and Neglect Reporting Act (Penal Code sections 11164 - 11174.3), and that it and each and every person volunteering or performing any services on behalf of ESL while this Agreement is in effect does and will, at all times, comply with such requirements.

1.1.10. ESL supplies and shall continue to supply participant rosters annually to City. ESL membership shall be comprised of no less than 80% San Clemente residents.

1.2. ESL shall maintain all documentation necessary to demonstrate compliance with all of the above. City shall be permitted to inspect and make and retain copies of any documentation necessary to verify Program compliance with this Article 1.

1.3. ESL is to be distinguished from the competitive soccer league also associated with the Elite Soccer League, Inc. called California Football Academy (CFA).

This agreement applies solely to ESL, the recreation-based Program.

2. ESL Representatives To City

2.1. ESL shall designate one official representative who shall be City’s primary contact and who shall coordinate the program, field space, and overall agreement with the City. The ESL representative shall have the authority to make decisions for ESL, sign applications with City on behalf of ESL for field use, approve billing, understand the field operations regarding both scheduling and maintenance, assist with ESL planning of field allocations, and be responsible for resolving conflicts if/when they arise.

2.2. ESL is responsible for notifying City in writing within thirty (30) days of any change in its designated ESL representative referenced in Section 2.1.

2.3. The City Beaches, Parks and Recreation Department will be the City liaison coordinating all City operations. City responsibilities are delegated to the Recreation Division, with staff coordination from the assigned Recreation Supervisor or his/her designee. This representative(s) is responsible for field allocations, applications, billing, insurance, lights, and scheduling conflicts that may arise during the course of this Agreement.

2.4. After-hours maintenance concerns related to field damage, vandalism, park conditions, or field and park-related emergencies should be directed to the Public Works Maintenance Services Division at (949) 361-8317.

3. Athletic Field Rental Rates

3.1. All field assignments shall be made by City in its sole and absolute discretion. ESL shall pay a Field Rental Fee to the City within 14 business days after receipt of Field Use Permits for the upcoming season or month. 103
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3.2. Field Rental Fee. The fees noted below shall remain in effect during the entire term of this Agreement. The following use fees for non-profit youth sports organizations are collected by the Recreation Division. Fees are subject to change based on City Council resolution. Organizations will be notified of any proposed changes prior to any public meeting to adopt fee changes.

Park/Rental Type Hourly/Daily Fee Discount Partner Fee
Neighborhood $40/hour 90% Discount $4/hour
Community $50/hour 90% Discount $5/hour
Sport $60/hour 90% Discount $6/hour
Tournaments See hourly rates above 50% Discount ---
Camps/Clinics See hourly rates above 50% Discount ---
Light Fee $15/hour 0% $15/hour

4. Field Storage
During the term of this Agreement, ESL has not been allocated a storage area.

Any requests for storage must be submitted in writing to the Recreation Division for approval.

5. Concessions

5.1. During the term of this Agreement, ESL has not been allocated concession rights. Any requests for concessions must be submitted in writing to the Recreation Division for approval.

5.2. The City reserves the right to impose fees for the use of the concession stand. Fees will cover the cost of maintenance and utilities. All fees will be approved through the City Council by Resolution. ESL will be notified of all meetings and public hearing opportunities.

5.3. Use of Styrofoam products is prohibited. The City of San Clemente passed Resolution No. 04-27 on April 20, 2004, prohibiting the use of food service items comprised of expandable polystyrene, commonly referred to by the trade name “Styrofoam.” Rental agreements for the usage of any City-owned property or facility shall require the renter to assume the responsibility for preventing the utilization and/or distribution of expandable polystyrene food service products, commonly referred to by the trade name “Styrofoam”, by any attendee or vendor (caterer) utilizing the City property or facility during the term of the rental agreement. Failure to abide by this resolution will result in the automatic denial of future field rentals.

6. Field Scheduling

6.1. Although community programs and community contract classes have priority, the City offers Sports Partners the opportunity to schedule field space in three to four increments for the year. The scheduling of “blocks” of time is coordinated by the 104
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Recreation Division. Fields booked for ESL are to be utilized solely for ESL programs.

ESL may not sublet field space to any non-ESL organization, or other subsidiary organization of ESL. There is no exclusive use of any fields; therefore, the City has a right to rent any field to other organizations.

6.2. To assist the City in determining a Master Field Calendar for each allocation period, ESL must complete the necessary application requesting needed field space by the date and timelines determined by the Beaches, Parks & Recreation Director or his/her designee. period.

6.3. ESL representatives must attend the field allocation meeting bi-annually to coordinate other group needs in the community.

6.4. ESL shall request only needed field space, and not overbook the fields. The Recreation Division will assist ESL in determining necessary field space by reviewing the number of participants in ESL and the length of primary season games.

6.5. ESL will be required to submit all practice and game schedules to the City for review prior to Opening Ceremonies.

6.6. ESL will be required to relinquish all field space that is not needed to the City prior to Opening Ceremonies.

6.7. If once regular season league play begins and City determines that not all field space is needed by ESL, the City will request that ESL relinquish reserved time for other rentals. It is the responsibility of ESL to coordinate all field schedules with its participants and coaches.

6.8. It is the responsibility of ESL to coordinate all block schedules with their participants. This includes scheduling fields and monitoring the fields for use. Fields that are consistently left vacant within block permit time will be reviewed by the Recreation Division for reassignment.

6.9. ESL will be required to submit practice and games schedules to the Recreation Division for review one week prior to Opening Day Ceremonies.

7. Field Use and Parking

7.1. Sports fields without lights are closed at dusk, and no later than 9 p.m.

Lighted sports fields close at 10 p.m. ESL is required to vacate all fields prior to closing time.

7.2. All parks close at 10 p.m. Should park gates be locked for the evening, vehicles remaining in the parking lot(s) will be under the authority of the Orange County Sheriff’s Department and subject to ticketing and impound. 105
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7.3. Cancellations and changes to approved rentals. A change fee of $25.00 will be added for any change in time or space requested after a rental permit has been approved and billed out.

7.4. Nonuse of fields. ESL will be charged the full hourly rate (non-discounted) for ESL-affiliated groups without permits or usage without approval.

7.5. Edits and cancelations of reserved fields must be made a minimum of 12 business hours prior to the start of the rental time listed on the permit if the fields will be unutilized. Advanced timing for change requests must take into account the City’s office hours of operation. These change requests will be used to revise the monthly billing, ESL will be issued a refund for the released fields. Change requests to reduce field usage may not be submitted after the rental date.

7.6. All changes in permitted field space must be submitted in writing the Recreation Coordinator or Supervisor overseeing the field use permit. Online requests may be submitted electronically through www.san-clemente.org/fieldchange

7.7. City parks with athletic fields have limited parking. Some of these parks also have restricted parking on the street (Talega, Liberty, and Tierra Grande). ESL must communicate these parking limitations to their participants. City is not responsible for providing parking to ESL participants. ESL must manage the use of space by coordinating its game and practice schedules according to the availability of parking at each site.

7.8. In an effort to reduce the impact on parking and congestion in these parks, the City will limit the number of rental permits on weekends during league play and summer months.

7.9. When scheduled at a neighborhood or community park field, ESL must incorporate a 30-45 minute buffer in game schedules to reduce overlap of game times and allow for adequate time between games for players leaving the games to vacate parking spaces for those coming in.

7.10. ESL has a duty to inspect and notify the City immediately of any safety hazards at facilities and fields.

8. Sport Light Use

8.1. ESL shall be charged a separate Light Use fee from the hourly Field Use Fee or flat rate Administrative Fee. The Light Use fee varies by ball field and will be billed according to use. Discounts do not apply to light fees.

8.2. Key Operated Lights: Youth Sports Organizations that have reserved and paid for lighted sports fields will be granted a key to operate the field lights. Keys will be checked out to ESL by the City Recreation Division staff. Duplication of keys is not permitted. Representatives must note the rules and operation of the lights. ESL is required to keep custody and control over keys and assignment of keys. 106
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8.3. Computer Operated Lights: Once a light schedule is determined by the user and is approved by the Recreation Division by permit, the Recreation Division will code the light towers by scheduling with MUSCO. Lights are automatically turned on and off by block time and are not permitted later than the closing time.

8.4. ESL must designate field representatives to monitor the field use in the evening to ensure that the fields are not vacant with lights on. ESL shall shut the lights off if /when they plan to leave the park in advance of the time issued. The City will issue a toll-free phone number to contact MUSCO Lighting and a password that allows ESL direct contact with the lighting company. Recreation Staff will monitor the MUSCO statements for changes made by the league and adjust the billing.

9. Contributions to Field Maintenance

9.1. Per City Policy No. 702-5, AYSO shall pay a field maintenance fee of $5 per participant, per season, based on the previous year’s fall/spring rosters.

9.2. ESL shall obtain prior written consent from the City to make any alterations, additions, or improvements to City fields including routine field maintenance and preparations which include mowing, picking weeds, raking, and/or chalking. ESL understands that any other such alterations, additions, or improvements must comply with all state and local standards.

10. Supplies and Equipment Contribution

10.1. ESL will provide for their own field equipment, and other supplies as necessary as well as be responsible for field preparation as assigned below.

10.2. ESL will be responsible for lining fields for gameplay as necessary for their leagues.

10.3. ESL may store specialized field equipment and game supplies in the available storage shed as per the agreement. ESL may not sublet the storage area to other groups.

10.4. Field maintenance equipment left on City fields for the duration of the season will be the responsibility of ESL. Equipment found in disrepair is the responsibility of the user group to remove in a timely manner. Organizations found in contempt of this may forfeit their right to store equipment on fields or be charged for the costs associated with removal and disposal.

11. Inclement Weather Field Procedures

11.1. When fields must be closed due to rain or other inclement weather, saturated field conditions due to irrigation problems, any damage due to vandalism, or other conditions needing immediate attention, the Parks Maintenance Division will determine the closure term and begin procedures as follows. 107
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11.2. City will determine the appropriate amount of days for the field to remain closed to the extent possible by utilizing weather reports and daily on-site field inspections. The City shall post closure signs on the fields, accordingly.

11.3. Field closures will be listed on the City’s official MUDLINE which can be accessed at the City’s website. Each organization is responsible for reviewing the MUDLINE, the City will not contact field users individually regarding closures. The MUDLINE is updated when fields are closed by 1 p.m. on weekdays and by 8 a.m. on weekends. When a field is closed, it is closed for the remainder of the day.

11.4. ESL shall ensure that their league coaches and participants stay off all closed fields.

11.5. ESL agrees to reimburse the City for any maintenance costs directly attributed to damage or misuse of athletic fields by ESL participants or during their use by ESL, including unauthorized alteration of a City park site, within ten (10) days of the request for reimbursement by the City.

12. Vehicle Access
Vehicles are not permitted on City fields. ESL agrees and acknowledges that volunteer coaches and other program participants will not drive vehicles onto the fields.

This includes vehicles driven by coaches to unload game equipment or supplies for the program.

13. Field and Park Clean-Up
ESL shall clean up fields and associated park areas in the proximity of the field after each use by ESL. This includes litter left behind from fans in the bleachers, dugouts, or snack concession stand areas. The City will provide adequate trash containers. ESL shall prevent all materials or water related to clean-up activities after the event from entering the storm drain system (i.e. street gutters or catch basins).

14. Crowd Control
It is the responsibility of ESL to keep registered participants and their fans from engaging in un-sportsmanlike conduct, such as fighting, or rude and abusive verbal confrontations. If field representatives or game officials of the league cannot control the situation, ESL should contact the Orange County Sheriff’s Department for assistance.

15. Tournaments, Camps/Clinics, Special Events, and Opening Day

15.1. ESL may apply to organize other programs in conjunction with the league, such as tournaments, camps/clinics, special events, and opening day ceremonies (“Program Events”). ESL shall give notice of all Program Events to the Beaches, Parks, and Recreation Department by way of application thirty (30) days in advance of the rental.

In reviewing Program Event requests, City shall consider the potential impacts on the 108
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neighborhood and park amenities. The Recreation Division will review and coordinate the appropriate permits and services it deems necessary for any Program Events, such as planning for additional janitorial in restrooms, overflow parking, and sound permits.

Please note the rules regarding tournaments, special programs, and events which are outlined in the Tournament Application and Policy Guidelines. In some instances, the City may require a Special Event Permit application to be submitted. The City representative to ESL will communicate this process to the organization.

15.2. ESL will receive the Tier I Partnership discount of 90% for Opening and Closing Day Ceremonies.

15.3. ESL will receive a 50% discount for Tournaments and Camps/Clinics.

15.4. ESL must submit a field request and meet with City staff at least thirty (30) days prior to the Program Event date and complete an Orientation Checklist.

15.5. ESL must participate in a recycling program outlined in the Tournament Application and Policy Guidelines.

15.6. ESL shall prohibit the consumption of alcoholic beverages at all Program Events.

15.7. Amplified sound is subject to enforcement as per the City of San Clemente Noise Ordinance. Sound Permits are required for all amplified sounds, including but not limited to PA systems and DJs as well as for any live entertainment such as bands that include amplification for the instruments, drums, horns, etc. Applications are reviewed by the City’s Beaches, Parks, and Recreation Department.

15.8. Bounce houses or similar inflatable features are not permitted on City Parks unless approved in advance with appropriate liability insurance naming the City of San Clemente as additionally insured and meeting all requirements of section 17 below.

15.9. Per (Orange County Fire Authority (“OCFA”) Guideline F-05) an OCFA permit is required to erect or operate a tent or air-supported temporary membrane structure having an area in excess of 200 square feet, or a canopy in excess of 400 square feet, except for structures used exclusively for camping. (UFC 105.8t.1). The regulations of the State Fire Marshall for large and small tents, awnings and other fabric enclosures shall also apply. (UFC 320).

16. League Promotions

16.1. Printed Materials: ESL will be responsible for all printed promotional materials for its leagues and tournaments. The City shall not copy flyers, posters, registration packets, or any other printed materials. ESL is encouraged to use the designated City brochure racks located at the Community Center and the San Clemente Aquatics Center located in the Vista Hermosa Sports Park. Flyers may not be left on parked vehicles at any City Park or facility.
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16.2. Magazine/Website Space: The City will include contact information for ESL once each quarter in the City’s Recreation Magazine and on the City Website in the youth sports section. ESL is responsible for submitting accurate information to the City prior to the publishing schedule.

16.3. Overhead Banner Reservation: ESL may seek to participate in the City’s overhead banner program in the same manner as any other Community Partner. Regular banner fees apply for the banner hanging. Space in the calendar is based on date availability in conjunction with other city programs and partners. Applications are available in November of each calendar year and processed by January.

16.4. Banners on Field Fences and Park Areas: ESL shall not use City parks or facilities to hang banners on the fences or buildings except as provided for herein. During games, Program Events, and registration days, ESL may temporarily hang banners on the ball field fences provided such banners are removed when vacating the field on the same date. Exceptions may be made for seasonal banners on hub fields that are not regularly used by any other organization in the City’s sole and absolute discretion. Any such exceptions shall be negotiated and pre-approved by the Recreation Division prior to placing banners.

17. Indemnification
To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), ESL shall defend (with legal counsel acceptable to City), indemnify, and hold free and harmless City and City’s agents, officers, and employees, (collectively, the “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of any ESL participants, invitees, spectators, officers, agents, employees, representatives, volunteers or subcontractors of ESL [collectively, the “ESL Entities”]), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert contractors or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, to (a) ESL’s use of the City facilities including but not limited to the San Clemente fields, by any of the ESL entities, anyone directly or indirectly employed by any of them, or anyone that they control or invite to the premises, or (b) any act or omission of any of them in connection with their use of the City facilities or their obligations under this Agreement (collectively, the “Liabilities”). Such obligation to defend, hold harmless, and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the sole and active negligence or willful misconduct of such Indemnitee.

18.Insurance

18.1. Prior to the City’s execution of this Agreement, and as a condition to the effectiveness hereof, ESL shall submit certificates and endorsements to City indicating compliance with the following minimum insurance requirements, and ESL shall maintain such insurance in effect during the entire term of this Agreement:
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18.1.1. Commercial General Liability, personal injury and property damage liability, contractual liability, independent contractor’s liability, and with minimum combined liability limits of Two Million Dollars ($2,000,000) per occurrence for all covered losses, and Four Million Dollars ($4,000,000) in the aggregate. Any deductible or self-insured retention in excess of Five Thousand Dollars ($5,000) shall be declared to the City and requires the prior approval of the City’s Risk Manager.

18.1.2. ESL shall carry sexual abuse and molestation (SAM) insurance with limits not less than $1,000,000 per occurrence or claim with an aggregate of not less than $2,000,000. The policy shall provide coverage including but not limited to claims for improper sexual conduct, damages because of bodily injury, and negligent hiring and supervision.

18.2. Each such policy of insurance shall:
(i) be issued by companies that hold a current policy holder’s alphabetic and financial size category rating of not less than A-VII, according to the current Best’s Key Rating Guide or a company of equal financial stability that is approved by City’s Risk Manager for all coverages except surety;
(ii) name and list as additional insured City and City’s officers, employees, and agents. An endorsement shall accompany the insurance certificate naming such additional insured. Additional Insured Endorsement is subject to approval by the city’s risk manager, at their sole discretion;
(iii) specify it acts as primary insurance and that no insurance held or owned by City shall be called upon to cover a loss under the said policy;
(iv) contain a clause substantially in the following words: “it is hereby understood and agreed that this policy may not be canceled or materially changed except upon thirty (30) days prior written notice to City of such cancellation or material change as evidenced by a return receipt for a registered letter;”
(v) cover the operations of ESL pursuant to the terms of this Agreement; (vi) be written on an occurrence and not a claims-made basis; and (vii) All defense costs shall be outside the limited of the policy.

18.3. With respect to such insurance policies, original documents shall be sent to:
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Original documents sent to:

City of San Clemente
Risk Management Office
910 Calle Negocio, San Clemente, CA 92673
[email protected]
One additional copy sent to:

Beaches, Parks and Recreation Department
100 Calle Seville, San Clemente, CA 92672
[email protected]

19. Violation Warning Procedure and Disciplinary Policy

19.1. Purpose: The purpose of this policy is to implement a systematic method of enforcing the Municipal Code and Field Rules, Use and Allocation Policy.

19.2. Policy: City reserves the right to cancel or suspend any and all permits issued to ESL as well as any other use of City facilities as provided for under this Agreement for meets, practices, and other usages based upon ESL’s violation of the City Municipal Code or this Agreement.

19.3. Commitment: ESL’s Board of Directors is required to notify their volunteer coaches, parents, and participants about the rules and regulations set forth in the Ball Field and Park Rental Policies, municipal codes, and guidelines within this Agreement.

The Recreation Division will work closely with ESL to address concerns and enhance communications between staff, field users, and the community. It is the responsibility of ESL to notify City of any concerns.

19.4. Outcome: ESL shall regularly communicate with ESL members to educate participants, coaches, and parents to become increasingly more responsible working within the Municipal Code, field rules, and user agreements, especially where traffic, noise, parking, trash, and issues are concerned. By enhancing communication all parties involved will benefit.

19.5. Violations: City shall document violations resulting from ESL’s failure to follow the terms of this Agreement, the Municipal Code, and City Department policies and procedures.

19.6. Notification: City staff will contact the ESL representative to discuss any noticed violation. City shall e-mail ESL’s representative, with a copy to the President, and will follow up on the telephone conversation confirming the discussion and details of the incident or violation.

19.7. Proposed Resolution and Timeline: ESL’s representatives will work with City staff to propose a resolution and define the timeline in which the issue will be resolved. This information will be confirmed in writing to both the ESL’s representative and President. If ESL fails to take the necessary actions to resolve the issue as agreed 112
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upon between the parties, City may resolve the issue and charge ESL for any manpower and/or equipment used to resolve the issue. ESL shall bear all costs and expenses City deems necessary to completely resolve the issue and shall reimburse the City within ten (10) days of demand.

19.8. Warning Issued: If the issue is not resolved by the agreed-upon date, City shall send a written warning to ESL.
(i) First Warning: The First Warning letter will be sent upon ESL’s first failure to resolve an issue resulting from a direct violation of this Agreement, the Municipal Code, or park operating policy or rule. A letter will be written to ESL’s President and representative documenting the violation and will be placed in ESL’s file. A report and/or pictures of the violation will be included for reference. The matter may be appealed by ESL to the Beaches, Parks and Recreation Department Director.
(ii) Second Warning: A Second Warning is issued after a second documented violation occurs within one year (365 days) from the First Warning. City will send ESL a letter notifying ESL that a City staff member will be assigned to monitor ESL activities due to the violation. ESL will be billed for the assigned hours of said staff member at the staff member’s appropriate hourly rate. The staff member will act as a City representative on duty to monitor activity at the fields and to report further violations to City. This may be appealed to the Beaches, Parks and Recreation Department Director.
(iii) Third Warning: A third warning is issued after a third documented violation occurs within one year (365 days) from First violation. Upon issuance of a Third Warning City shall review this Agreement. The Agreement is subject to termination upon such review. Any termination may be appealed to the Beaches, Parks and Recreation Department Director and ultimately appealed to the Beaches, Parks and Recreation Commission and/or City Council.

19.9. Termination: City may terminate this Agreement without cause by providing thirty (30) days’ notice in writing.

19.10. City reserves the right to audit AYSO’s rosters and game schedules at any time to ensure compliance with the standards of Policy No. 702-5, attached hereto in Exhibit “A” for reference.

19.11. San Clemente Municipal Code: Nothing in this Agreement shall limit the City’s authority to enforce the San Clemente Municipal Code or otherwise take legal action under State law.
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20. Term and Cooperation

20.1. The term of this agreement shall be one year from the Effective Date the Beaches, Parks & Recreation Director executes this Agreement unless canceled under the provisions of Section 19.9.

20.2. ESL shall adhere to all the policies and procedures of City and cooperate with the Department and City staff to ensure that the purpose of this Agreement is met.

ESL shall not discriminate against those in its employ, volunteers, or participants on account of race, religion, national origin, ethnicity, sexual orientation, or gender (except where gender is a bona fide issue for the sports program and is in compliance with the law).

21. Miscellaneous

21.1. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings, or ancillary covenants, undertakings, or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings, or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

21.2. Severability. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void, or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld.

21.3. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of City shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

21.4. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

21.5. Singular and Plural. As used herein, the singular of any word includes the plural.

21.6. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

21.7. Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right 114
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to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

21.8. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

21.9. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes, and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than two (2) years.

21.10. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

21.11. Counterparts/Electronic Signatures. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. This Agreement may be executed electronically with the same force and effect as an original ink signature.

21.12. Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or such other appropriate court in said county, and the parties hereto waive all provisions of law, including under Code of Civil Procedure section 394, providing for the filing, removal or change of venue to any other court.

Service of process on City shall be made in accordance with California law. Service of process shall be made in any manner permitted by California law and shall be effective whether served inside or outside California.

21.13. Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non-material modifications may be approved by the City Manager upon the recommendation of the Beaches, Parks & Recreation Director and approval of the City Attorney.

21.14. Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing and is duly authorized and registered to do business in California, (ii) such person 115
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is duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound, and (v) such person will indemnify the other party should any such representations and warranties prove false.

21.15. Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing:

If to City: City of San Clemente
100 N. Calle Seville
San Clemente, CA 92672
Attention: Beaches, Parks & Recreation Director
With a copy to: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attention: City Clerk
If to ESL: Elite Soccer League
26062 Merit Circle #109
Laguna Hills, CA 92653
With a copy to:

Attention:
[End – signature page follows]
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IN WITNESS WHEREOF, City and ESL have caused this Agreement to be executed on their behalf by their respective officers or agents herein duly authorized as of the date first written above.
“CITY”

CITY OF SAN CLEMENTE,
a municipal corporation
By:

Samantha Wylie, Beaches, Parks &
Recreation Director
ATTEST:

City Clerk of the City of
San Clemente, California
APPROVED AS TO FORM:

Elizabeth A. Mitchell
City Attorney
“ESL”
ELITE SOCCER LEAGUE, INC.,
a California nonprofit benefit corporation
By:

Michael Affleck, Chief Executive Officer
By:

Cierra Ashdown, Secretary
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Attachment 8
Recreation 100 North Seville San Clemente CA 92672
55452.01600\29014959.2

RECREATION SPORTS PARTNERSHIP AGREEMENT
FOR
SCY FOOTBALL, INC.

This RECREATION SPORTS PARTNERSHIP AGREEMENT(“Agreement”) is entered into this _______ day of _____, 2024 (the “Effective Date”), by and between the CITY OF SAN CLEMENTE (“City”), a municipal corporation, and SCY FOOTBALL, INC. (“SCYF”), a California nonprofit public benefit corporation dedicated to youth sports, for a period of three (3) years starting on the Effective Date.

R E C I T A L S:

WHEREAS, The City of San Clemente owns and operates athletic fields throughout the community. A permit is required for reservations, lighted evening use, and use of the sports fields by all clubs and sports organizations; and WHEREAS, SCYF is a private non-profit organization that has been involved in recreational baseball activities in San Clemente since 1954. SCYF served over 300 children, aged four to eighteen years old in its 2023 primary season. The SCYF program (the “Program”) is well established, showing league structure for game rules and field policy, a governing board to regulate program standards, and a proven history of providing programs for San Clemente residents; and
WHEREAS, SCYF primarily uses Vista Hermosa Sports Park and Bonito Canyon Park and desires to enter into this Agreement to establish a standard and schedule of athletic field usage to better serve its membership.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the parties agree as follows:

C O V E N A N T S:

Based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, City and SCYF hereby agree as follows:

1. SCYF Program Requirements

1.1. As a material inducement to City’s entering into this Agreement with SCYF, SCYF agrees and covenants that, during the term of this Agreement, SCYF shall operate its Program in compliance with the following requirements, and agrees that any failure to strictly comply with any of the following requirements is a material breach of this Agreement:

1.1.1. SCYF is and shall remain currently registered and active with the State of California as a not-for-profit community benefit organization under Section 501(c)(3) or (c)(4) of the Internal Revenue Code. 126
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1.1.2. SCYF is not aware that it is the subject of any formal investigation by any government agency of the City, the County of Orange, the State of California, or the United States Government. SCYF shall immediately notify the City in writing if it becomes aware that SCYF is the subject of any formal investigation by a government agency.

1.1.3. SCYF shall carry Commercial General Liability insurance and sexual abuse and molestation (SAM) insurance that complies with section 18 below.

1.1.4. SCYF shall remain able to demonstrate financial hardship if the discounts provided for by this Agreement are denied and SCYF is required to pay regular rates for use of City amenities, fields, pools, and/or facilities.

1.1.5. SCYF has and shall maintain an open enrollment policy regardless of the participant’s skill level. For purposes of this Agreement, “Open Enrollment Policy” shall mean no child shall be denied enrollment based on skill level.

1.1.6. SCYF shall maintain and enforce a “minimum play rule” for all levels of programming which requires that each person enrolled in the Program shall play 50% of the time for each game.

1.1.7. SCYF shall provide financial scholarships covering at least 10% of the participants enrolled for 50-100% of their registration fees to those participants that are in “financial need.” For purposes of this Agreement, “financial need” shall mean those families that can prove a financial and/or special hardship. The scholarship is given to the child to provide an opportunity to enroll in league activities. SCYF shall operate on the philosophy that no child will be denied a chance to play football due to financial hardship. SCYF will be required to submit to City their financial reports outlining their scholarship distribution at the conclusion of the program registration periods.

1.1.8. SCYF shall prohibit discrimination on the basis of race, religion, national origin, ethnicity, sexual orientation, or gender. To promote a positive drug-free and child-friendly environment at City facilities, SCYF shall enforce a “zero tolerance” policy. Any SCYF officer, employee, agent, volunteer, or participant who is found to have abused alcohol, controlled substances (which have not been prescribed for the member), cannabis, or tobacco shall be prohibited from participating in SCYF activities.

1.1.9. SCGS represents and warrants that it is familiar with the requirements of AB506 (Business and Professions Code section 18975) and the Child Abuse and Neglect Reporting Act (Penal Code sections 11164 - 11174.3), and that it and each and every person volunteering or 127
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performing any services on behalf of SCGS while this Agreement is in effect does and will, at all times, comply with such requirements.

1.1.10. SCYF supplies and shall continue to supply participant rosters annually to City. SCYF membership shall be comprised of no less than 90% San Clemente residents.

1.2. SCYF shall maintain all documentation necessary to demonstrate compliance with all of the above. City shall be permitted to inspect and make and retain copies of any documentation necessary to verify Program compliance with this Article 1.

2. SCYF Representatives To City

2.1. SCYF shall designate one official representative who shall be City’s primary contact and who shall coordinate the program, field space, and overall agreement with the City. The SCYF representative shall have the authority to make decisions for SCYF, sign applications with City on behalf of SCYF for field use, approve billing, understand the field operations regarding both scheduling and maintenance, assist with SCYF planning of field allocations, and be responsible for resolving conflicts if/when they arise.

2.2. SCYF is responsible for notifying City in writing within thirty (30) days of any change in its designated SCYF representative referenced in Section 2.1.

2.3. The City Beaches, Parks and Recreation Department will be the City liaison coordinating all City operations. City responsibilities are delegated to the Recreation Division, with staff coordination from the assigned Recreation Supervisor or his/her designee. This representative(s) is responsible for field allocations, applications, billing, insurance, lights, and scheduling conflicts that may arise during the course of this Agreement.

2.4. After-hours maintenance concerns related to field damage, vandalism, park conditions, or field and park-related emergencies should be directed to the Public Works Maintenance Services Division at (949) 361-8317.

3. Athletic Field Rental Rates

3.1. All field assignments shall be made by City in its sole and absolute discretion. SCYF shall pay a Field Rental Fee to the City within 14 business days after receipt of Field Use Permits for the upcoming season or month.

3.2. Field Rental Fee. The fees noted below shall remain in effect during the entire term of this Agreement. The following use fees for non-profit youth sports organizations are collected by the Recreation Division. Fees are subject to change based on City Council resolution. Organizations will be notified of any proposed changes before any public meeting to adopt fee changes. Fees remain in effect and apply to SCYF Tier I Partnership:
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Park/Rental Type Hourly/Daily Fee Discount Partner Fee
Neighborhood $40/hour 90% Discount $4/hour
Community $50/hour 90% Discount $5/hour
Sport $60/hour 90% Discount $6/hour
Tournaments See hourly rates above 50% Discount ---
Camps/Clinics See hourly rates above 50% Discount ---
Light Fee $15/hour 0% ---

4. Field Storage

4.1. Designated park storage space will be identified at the start of each primary season and reviewed bi-annually with the organization. A separate storage use agreement may be initiated under consideration of the Beaches, Parks & Recreation Director with agreement by both parties of this Agreement.

4.2. Keys for City park storage areas will be given only to the SCYF representative defined in Section 2. A signature for key check-out is required on all keys.

Lost keys must be reported immediately to the City. The organization will be responsible for covering all costs associated with the re-key of said facility. SCYF is required to keep control over keys and assignment of keys.

5. Concessions

5.1 SCYF is not approved to utilize the concession buildings. If the organization seeks to add concession operation, SCYF must communicate with the City representative and a separate agreement will be initiated under the direction of the Beaches, Parks and Recreation Director.

5.2 The City reserves the right to impose fees for the use of the concession stand. Fees will cover the cost of maintenance and utilities. All fees will be approved through the City Council by Resolution.

5.3 Use of Styrofoam products is prohibited. The City of San Clemente passed Resolution No. 04-27 on April 20, 2004, prohibiting the use of food service items comprised of expandable polystyrene, commonly referred to by the trade name “Styrofoam.” Rental agreements for the usage of any City-owned property or facility shall require the renter to assume the responsibility for preventing the utilization and/or distribution of expandable polystyrene food service products, commonly referred to by the trade name “Styrofoam”, by any attendee or vendor (caterer) utilizing the City property or facility during the term of the rental agreement. Failure to abide by this resolution will result in the automatic denial of future field rentals.

6. Field Scheduling

6.1. Although community programs and community contract classes have priority, the City offers Sports Partners the opportunity to schedule field space in three to 129
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four increments for the year. The scheduling of “blocks” of time is coordinated by the Recreation Division. Fields booked for SCYF are to be utilized solely for SCYF programs.

SCYF may not sublet field space to any non-SCYF or other organization. There is no exclusive use of any fields; therefore, the City has a right to rent any field to other organizations.

6.2. To assist the City in determining a Master Field Calendar for each allocation period, SCYF must complete the necessary application requesting needed field space by the first week of November for the January 1 through June 30 allocation period and by the first week of April for the July 1 through December 31 allocation period.

6.3. SCYF representatives must attend the field allocation meeting bi-annually to coordinate other group needs in the community.

6.4. SCYF shall request only needed field space, and not overbook the fields.

The Recreation Division will assist SCYF in determining necessary field space by reviewing the number of participants in SCYF and the length of primary season games.

6.5. SCYF will be required to submit all practice and game schedules to the City for review prior to Opening Ceremonies.

6.6. SCYF will be required to relinquish all field space that is not needed to the City prior to Opening Ceremonies.

6.7. If once regular season league play begins and City determines that not all field space is needed by SCYF, the City will request that SCYF relinquish reserved time for other rentals. It is the responsibility of SCYF to coordinate all field schedules with its participants and coaches.

6.8. It is the responsibility of SCYF to coordinate all block schedules with their participants. This includes scheduling fields and monitoring the fields for use. Fields that are consistently left vacant within block permit time will be reviewed by the Recreation Division for reassignment.

6.9. SCYF will be required to submit practice and games schedules to the Recreation Division for review one week prior to Opening Day Ceremonies.

7. Field Use and Parking

7.1. Sports fields without lights are closed at dusk, and no later than 9 p.m.

Lighted sports fields close at 10 p.m. SCYF is required to vacate all fields prior to closing time.

7.2. All parks close at 10 p.m. Should park gates be locked for the evening, vehicles remaining in the parking lot(s) will be under the authority of the Orange County Sheriff’s Department and subject to ticketing and impound. 130
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7.3. Cancellations and changes to approved rentals. A change fee of $25.00 will be added for any change in time or space requested after a rental permit has been approved and billed out.

7.4. Nonuse of fields. SCYF will be charged the full hourly rate (non-discounted) for SCYF-affiliated groups without permits or usage without approval.

7.5. Edits and cancelations of reserved fields must be made a minimum of 12 hours prior to the start of the rental time listed on the permit if the fields will be unutilized.

These change requests will be used to revise the monthly billing, SCYF will be issued a refund for the released fields. Change requests to reduce field usage may not be submitted after the rental date.

7.6. All changes in permitted field space must be submitted in writing the Recreation Coordinator or Supervisor overseeing the field use permit. Online requests may be submitted electronically through www.san-clemente.org/fieldchange

7.7. City parks with athletic fields have limited parking. Some of these parks also have restricted parking on the street (Talega, Liberty, and Tierra Grande). SCYF must communicate these parking limitations to their participants. City is not responsible for providing parking to SCYF participants. SCYF must manage the use of space by coordinating its game and practice schedules according to the availability of parking at each site.

7.8. In an effort to reduce the impact on parking and congestion in these parks, the City will limit the number of rental permits on weekends during league play and summer months.

7.9. When scheduled at a neighborhood or community park field, SCYF must incorporate a 10-15 minute buffer in game schedules to reduce overlap of game times and allow for adequate time between games for players leaving the games to vacate parking spaces for those coming in.

7.10. SCYF has a duty to inspect and notify the City immediatly of any safety hazards at facilities and fields.

8. Sport Light Use

8.1. SCYF shall be charged a separate Light Use fee from the hourly Field Use Fee or flat rate Administrative Fee. The Light Use fee varies by ball field and will be billed according to use. Discounts do not apply to light fees.

8.2. Key Operated Lights: Youth Sports Organizations that have reserved and paid for lighted sports fields will be granted a key to operate the field lights. Keys will be checked out to SCYF by the City Recreation Division staff. Duplication of keys is not permitted. Representatives must note the rules and operation of the lights. SCYF is required to keep custody and control over keys and assignment of keys. 131
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8.3. Computer Operated Lights: Once a light schedule is determined by the user and is approved by the Recreation Division by permit, the Recreation Division will code the light towers by scheduling with MUSCO. Lights are automatically turned on and off by block time and are not permitted later than the closing time.

8.4. SCYF must designate field representatives to monitor the field use in the evening to ensure that the fields are not vacant with lights on. SCYF shall shut the lights off if /when they plan to leave the park in advance of the time issued. The City will issue a toll-free phone number to contact MUSCO Lighting and a password that allows SCYF direct contact with the lighting company. Recreation Staff will monitor the MUSCO statements for changes made by the league and adjust the billing.

9. SCYF Contributions to Field Maintenance

9.1. Per City Policy No. 702-5, SCYF shall pay a field maintenance fee of $5 per participant, per season, based on the previous year’s fall/spring rosters.

9.2. SCYF shall obtain prior written consent from the City to make any alterations, additions, or improvements to City fields including routine field maintenance and preparations which include mowing, picking weeds, raking, and/or chalking. SCYF understands and agrees that any other such alterations, additions, or improvements must comply with all state and local standards.

10. SCYF Supplies and Equipment Contribution

10.1. SCYF will provide for their own field equipment, and other supplies as necessary as well as be responsible for field preparation as assigned below.

10.2. SCYF will be responsible for lining fields for game play as necessary for their leagues.

10.3. SCYF may store specialized field equipment and game supplies in available storage shed as per agreement. SCYF may not sublet the storage area to other groups.

10.4. Field maintenance equipment left on City fields for the duration of the season will be the responsibility of SCYF. Equipment found in disrepair is the responsibility of the user group to remove in a timely manner. Organizations found in contempt of this may forfeit their right to store equipment on fields or be charged for the costs associated with removal and disposal.

11. Inclement Weather Field Procedures

11.1. When fields must be closed due to rain or other inclement weather, saturated field conditions due to irrigation problems, any damage due to vandalism, or other conditions needing immediate attention, the Parks Maintenance Division will determine the closure term and begin procedures as follows. 132
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11.2. City will determine the appropriate amount of days for the field to remain closed to the extent possible by utilizing weather reports and daily on-site field inspections. The City shall post closure signs on the fields, accordingly.

11.3. Field closures will be listed on the City’s official MUDLINE which can be accessed at the City’s website. Each organization is responsible for reviewing the MUDLINE, the City will not contact field users individually regarding closures. The MUDLINE is updated when fields are closed by 1 p.m. on weekdays and by 8 a.m. on weekends. When a field is closed, it is closed for the remainder of the day.

11.4. SCYF shall ensure that their league coaches and participants stay off all closed fields.

11.5. SCYF agrees to reimburse the City for any maintenance costs directly attributed to damage or misuse of athletic fields by SCYF participants or during their use by SCYF, including unauthorized alteration of a City park site, within ten (10) days of request for reimbursement by the City.

12. Vehicle Access
Vehicles are not permitted on City fields. SCYF agrees and acknowledges that volunteer coaches and other program participants will not drive vehicles onto the fields.

This includes vehicles driven by coaches to unload game equipment or supplies for the program.

13. Field and Park Clean-Up
SCYF shall clean up fields and associated park areas in the proximity of the field after each use by SCYF. This includes litter left behind from fans in the bleachers, dugouts, or snack concession stand areas. The City will provide adequate trash containers. SCYF shall prevent all materials or water related to clean-up activities after the event from entering the storm drain system (i.e. street gutters or catch basins).

14. Crowd Control
It is the responsibility of SCYF to keep registered participants and their fans from engaging in un-sportsmanlike conduct, such as fighting, or rude and abusive verbal confrontations. If field representatives or game officials of the league cannot control the situation, SCYF should contact Orange County Sheriff’s Department for assistance.

15. Tournaments, Camps/Clinics, Special Events, and Opening Day

15.1. SCYF may apply to organize other programs in conjunction with the league, such as tournaments, camps/clinics, special events, and opening day ceremonies (“Program Events”). SCYF shall give notice of all Program Events to the Beaches, Parks, and Recreation Department by way of application thirty (30) days in advance of the rental.

In reviewing Program Event requests, City shall consider the potential impacts on the 133
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neighborhood and park amenities. The Recreation Division will review and coordinate the appropriate permits and services it deems necessary for any Program Events, such as planning for additional janitorial in restrooms, overflow parking, and sound permits.

Please note the rules regarding tournaments, special programs, and events which are outlined in the Tournament Application and Policy Guidelines. In some instances, the City may require a Special Event Permit application to be submitted. The City representative to SCYF will communicate this process to the organization.

15.2. SCYF will receive the Tier I Partnership discount of 90% for Opening and Closing Day Ceremonies.

15.3. SCYF will receive a 50% discount for Tournaments and Camps/Clinics.

15.4. SCYF must submit a field request and meet with City staff at least thirty (30) days prior to the Program Event date and complete an Orientation Checklist.

15.5. SCYF must participate in a recycling program outlined in the Tournament Application and Policy Guidelines.

15.6. SCYF shall prohibit the consumption of alcoholic beverages at all Program Events.

15.7. Amplified sound is subject to enforcement as per the City of San Clemente Noise Ordinance. Sound Permits are required for all amplified sounds, including but not limited to PA systems and DJs as well as for any live entertainment such as bands that include amplification for the instruments, drums, horns, etc. Applications are reviewed by the City’s Beaches, Parks, and Recreation Department.

15.8. Bounce houses or similar inflatable features are not permitted on City Parks unless approved in advance with appropriate liability insurance naming the City of San Clemente as additionally insured and meeting all requirements of section 17 below.

15.9. Per Orange County Fire Authority (“OCFA”) Guideline F-05, an OCFA permit is required to erect or operate a tent or air-supported temporary membrane structure having an area in excess of 200 square feet, or a canopy in excess of 400 square feet, except for structures used exclusively for camping. (UFC 105.8t.1). The regulations of the State Fire Marshall for large and small tents, awnings and other fabric enclosures shall also apply. (UFC 320).

16. League Promotions

16.1. Printed Materials: SCYF will be responsible for all printed promotional materials for its leagues and tournaments. The City shall not copy flyers, posters, registration packets, or any other printed materials. SCYF is encouraged to use the designated City brochure racks located at the Community Center and the San Clemente 134
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Aquatics Center located in the Vista Hermosa Sports Park. Flyers may not be left on parked vehicles at any City Park or facility.

16.2. Magazine/Website Space: The City will include contact information for SCYF once each quarter in the City’s Recreation Magazine and on the City Website in the youth sports section. SCYF is responsible for submitting accurate information to the City prior to the publishing schedule.

16.3. Overhead Banner Reservation: SCYF may seek to participate in the City’s overhead banner program in the same manner as any other Community Partner. Regular banner fees apply for the banner hanging. Space in the calendar is based on date availability in conjunction with other city programs and partners. Applications are available in November of each calendar year and processed by January.

16.4. Banners on Field Fences and Park Areas: SCYF shall not use City parks or facilities to hang banners on the fences or buildings except as provided for herein.

During games, Program Events, and registration days, SCYF may temporarily hang banners on the ball field fences provided such banners are removed when vacating the field on the same date. Exceptions may be made for seasonal banners on hub fields that are not regularly used by any other organization in the City’s sole and absolute discretion.

Any such exceptions shall be negotiated and pre-approved by the Recreation Division prior to placing banners.

17. Indemnification
To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), SCGS shall defend (with legal counsel acceptable to City), indemnify, and hold free and harmless City and City’s agents, officers, and employees, (collectively, the “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of any SCGS participants, invitees, spectators, officers, agents, employees, representatives, volunteers or subcontractors of SCGS [collectively, the “SCGS Entities”]), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert contractors or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, to (a) SCGS’s use of the City facilities, including but not limited to the San Clemente fields, by any of the SCGS Entities, anyone directly or indirectly employed by any of them, or anyone that they control or invite to the premises, or (b) any act or omission of any of them in connection with their use of the City facilities or their obligations under this Agreement (collectively, the “Liabilities”). Such obligation to defend, hold harmless, and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the sole and active negligence or willful misconduct of such Indemnitee.

18. Insurance
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18.1. Prior to the City’s execution of this Agreement, and as a condition to the effectiveness hereof, SCYF shall submit certificates and endorsements to City indicating compliance with the following minimum insurance requirements, and SCYF shall maintain such insurance in effect during the entire term of this Agreement:

18.1.1. Commercial General Liability, personal injury and property damage liability, contractual liability, independent contractor’s liability, and with minimum combined liability limits of Two Million Dollars ($2,000,000) per occurrence for all covered losses, and Four Million Dollars ($4,000,000) in the aggregate. Any deductible or self-insured retention in excess of Five Thousand Dollars ($5,000) shall be declared to the City and requires the prior approval of the City’s Risk Manager.

18.1.2. SCYF shall carry sexual abuse and molestation (SAM) insurance with limits not less than $1,000,000 per occurrence or claim with an aggregate of not less than $2,000,000. The policy shall provide coverage including but not limited to claims for improper sexual conduct, damages because of bodily injury, and negligent hiring and supervision.

18.2. Each such policy of insurance shall:
(i) be issued by companies that hold a current policy holder’s alphabetic and financial size category rating of not less than A-VII, according to the current Best’s Key Rating Guide or a company of equal financial stability that is approved by City’s Risk Manager for all coverage’s except surety;
(ii) name and list as additional insured City and City’s officers, employees, and agents. An endorsement shall accompany the insurance certificate naming such additional insured. Additional Insured Endorsement is subject to approval by the city’s risk manager, at their sole discretion;
(iii) specify it acts as primary insurance and that no insurance held or owned by City shall be called upon to cover a loss under the said policy;
(iv) contain a clause substantially in the following words: “it is hereby understood and agreed that this policy may not be canceled or materially changed except upon thirty (30) days prior written notice to City of such cancellation or material change as evidenced by a return receipt for a registered letter;”
(v) cover the operations of SCYF pursuant to the terms of this Agreement; and
(vi) be written on an occurrence and not a claims-made basis; and (vii) All defense costs shall be outside the limits of the policy.

18.3. With respect to such insurance policies, original documents shall be sent to:

Original documents sent to:
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City of San Clemente
Risk Management Office
910 Calle Negocio, San Clemente, CA 92673
One additional copy sent to:

Beaches, Parks and Recreation Department
100 Calle Seville, San Clemente, CA 92672

19. Violation Warning Procedure and Disciplinary Policy

19.1. Purpose: The purpose of this policy is to implement a systematic method of enforcing the Municipal Code and Field Rules, Use and Allocation Policy.

19.2. Policy: City reserves the right to cancel or suspend any and all permits issued to SCYF as well as any other use of City facilities as provided for under this Agreement for meets, practices, and other usages based upon SCYF’s violation of the City Municipal Code or this Agreement.

19.3. Commitment: SCYF’s Board of Directors is required to notify their volunteer coaches, parents, and participants about the rules and regulations set forth in the Ball Field and Park Rental Policies, municipal codes, and guidelines within this Agreement.

The Recreation Division will work closely with SCYF to address concerns and enhance communications between staff, field users, and the community. It is the responsibility of SCYF to notify City of any concerns.

19.4. Outcome: SCYF shall regularly communicate with SCYF members to educate participants, coaches, and parents to become increasingly more responsible working within the Municipal Code and field rules, and user agreements, especially where traffic, noise, parking, trash, and issues are concerned. By enhancing communication all parties involved will benefit.

19.5. Violations: City shall document violations resulting from SCYF’s failure to follow the terms of this Agreement, the Municipal Code, and City Department policies and procedures.

19.6. Notification: City staff will contact the SCYF representative to discuss any noticed violation. City shall e-mail SCYF’s representative, with a copy to the President, and will follow up on the telephone conversation confirming the discussion and details of the incident or violation.

19.7. Proposed Resolution and Timeline: SCYF’s representatives will work with City staff to propose a resolution and define the timeline in which the issue will be resolved. This information will be confirmed in writing to both the SCYF’s representative and President. If SCYF fails to take the necessary actions to resolve the issue as agreed upon between the parties, City may resolve the issue and charge SCYF for any manpower and/or equipment used to resolve the issue. SCYF shall bear all costs and expenses City 137
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deems necessary to completely resolve the issue and shall reimburse the City within ten (10) days of demand.

19.8. Warning Issued: If the issue is not resolved by the agreed-upon date, City shall send a written warning to SCYF.
(i) First Warning: The First Warning letter will be sent upon SCYF’s first failure to resolve an issue resulting from a direct violation of this Agreement, the Municipal Code, or park operating policy or rule. A letter will be written to SCYF’s President and representative documenting the violation and will be placed in SCYF’s file. A report and/or pictures of the violation will be included for reference. The matter may be appealed by SCYF to the Beaches, Parks and Recreation Department Director.
(ii) Second Warning: A Second Warning is issued after a second documented violation occurs within one year (365 days) from the First Warning. City will send SCYF a letter notifying SCYF that a City staff member will be assigned to monitor SCYF activities due to the violation. SCYF will be billed for the assigned hours of said staff member at the staff member’s appropriate hourly rate. The staff member will act as a City representative on duty to monitor activity at the fields and to report further violations to City. This may be appealed to the Beaches, Parks and Recreation Department Director.
(iii) Third Warning: A third warning is issued after a third documented violation occurs within one year (365 days) from First violation. Upon issuance of a Third Warning City shall review this Agreement. The Agreement is subject to termination upon such review. Any termination may be appealed to the Beaches, Parks and Recreation Department Director and ultimately appealed to the Beaches, Parks and Recreation Commission and/or City Council.

19.9. Termination: City may terminate this Agreement without cause by providing thirty (30) days’ notice in writing.

19.10. City reserves the right to audit AYSO’s rosters and game schedules at any time to ensure compliance with the standards of Policy No. 702-5, attached hereto in Exhibit “A” for reference.

19.11. San Clemente Municipal Code: Nothing in this Agreement shall limit the City’s authority to enforce the San Clemente Municipal Code or otherwise take legal action under State law.

20. Term and Cooperation
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20.1. The term of this agreement shall be three years from the Effective Date the Beaches, Parks & Recreation Director executes this Agreement and unless canceled under the provisions of Section 19.9.

20.2. SCYF shall adhere to all the policies and procedures of City and cooperate with the Department and City staff to ensure that the purpose of this Agreement is met.

SCYF shall not discriminate against those in its employ, volunteers, or participants on account of race, religion, national origin, ethnicity, sexual orientation, or gender (except where gender is a bona fide issue for the sports program and is in compliance with the law).

21. Miscellaneous

21.1. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings, or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

21.2. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld.

21.3. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party or in favor of City shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

21.4. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

21.5. Singular and Plural. As used herein, the singular of any word includes the plural.

21.6. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

21.7. Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right 139
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55452.01600\29014959.2
to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

21.8. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

21.9. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than two (2) years.

21.10. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

21.11. Counterparts/Electronic Signatures. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument This Agreement may be executed electronically with the same force and effect as an original ink signature.

21.12. Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or such other appropriate court in said county, and the parties hereto waive all provisions of law, including under Code of Civil Procedure section 394, providing for the filing, removal or change of venue to any other court.

Service of process on City shall be made in accordance with California law. Service of process shall be made in any manner permitted by California law and shall be effective whether served inside or outside California.

21.13. Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non-material modifications may be approved by the City Manager upon the recommendation of the Beaches, Parks and Recreation Director and approval of the City Attorney.

21.14. Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing and is duly authorized and registered to do business in California, (ii) such person 140
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55452.01600\29014959.2
is duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound, and (v) such person will indemnify the other party should any such representations and warranties prove false.

21.15. Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing:

If to City: City of San Clemente
100 N. Calle Seville
San Clemente, CA 92672
Attention: Beaches, Parks & Recreation Director
With a copy to: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attention: City Clerk
If to SCYF: SCY FOOTBALL, INC.
63 Via Pico Plaza #403
San Clemente, California 92672
Attn: President
With a copy to:

Attention:
[End – signature page follows]
141
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55452.01600\29014959.2
IN WITNESS WHEREOF, City and SCYF have caused this Agreement to be executed on their behalf by their respective officers or agents herein duly authorized as of the date first written above.
“CITY”

CITY OF SAN CLEMENTE,
a municipal corporation
By:

Samantha Wylie, Beaches, Parks &
Recreation Director
ATTEST:

City Clerk of the City of
San Clemente, California
APPROVED AS TO FORM:

Elizabeth A. Mitchell
City Attorney
“SCYF”
SCY FOOTBALL, INC.,
a California nonprofit public benefit
corporation
By:

Rodney J. Tompkins, CEO
By:

Heather Risner, Secretary
142
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: September 3, 2024 Agenda Item: 10B.

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

CONSIDERATION OF RESOLUTION AWARDING AQUATICS PARTNERSHIP STATUS ..body
Fiscal Impact:

If the proposed partnership statuses are approved, the City would be subsidizing approximately $156,272 annually for the San Clemente Aquatic Team (the “SCA”) as a Senior Partner and $10,504 annually for the San Clemente Water Polo Club (the “SCWP”). These estimates are based on the prior year’s usage.

Depending on qualifications, non-profit organizations are afforded three rental discounts when requesting use of the City’s pool facilities:
 Non-Resident, Non-Profit: 25%
 Resident, Non-Profit: 40%
 Junior Partner: 50%
 Senior Partner: 60%
The table below provides a summary of each organization’s current discount for lane use, requested partnership with annual subsidy, and qualifying partnership level with annual subsidy.

Summary:

The SCWP has met the minimum requirements for Junior Partner status and has subsequently applied for an Aquatics Partnership to the Recreation Division. After receiving a recommendation for Junior Partnership from the Beaches, Parks and Recreation Commission, SCWP has requested that the City Council consider the organization for Senior Partnership.

Additionally, SCA has provided updated roster information to the Recreation Division in response to the exception by the Council to Senior Partnership status in 2022. The City Council requested the additional optional two one-year extensions on the Agreement be reviewed after Year 1 was Discounts Subsidy Value
Current
Discount
Requested
Status
Qualifying
Status
Junior
Partner
Senior
Partner
SCA Senior
(60%)
Senior
(60%)
Junior
(50%)
$140,644 $156,272
SCWP Resi. N/P
(40%)
Senior
(60%)
Junior
(50%)
$10,504 $11,554
143
Meeting Date: September 3, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
completed. Based on the recent submission, SCA has not met the minimum requirements for Senior Partnership.

SCWP and SCA, however, meet the minimum qualifications for Junior Partnership, however, both organizations are requesting an exception by the City Council to be considered for Senior Partnership. Per Policy, SCWP does not meet the minimum participant requirement of 300, the minimum residency requirement of 90%, nor the minimum number of years in operation.

Similarly, SCA does not meet the minimum residency requirement threshold of 90%.

The table below summarizes the findings of the applications:
# Years
Renting Participants % of Residents
Qualifying
Status
Requested
Status
SCA 15+ 321 88% Junior Senior
SCWP 2 256 86% Junior Senior
Background:

In December 2014, the City Council approved an Aquatics Partnership Policy (the “Policy”) to establish an opportunity for organizations to receive a subsidy from the City to effectively perpetuate competitive aquatics activities on a year-round basis while making the best and most efficient use of the City amenities and facilities.

The partnership program is intended to promote opportunities for youth to participate in aquatics programming where the City may not be able to effectively provide activity options. Given this, the Aquatic Partnership discounts are not offered for private lessons, seasonal feeder programs, or lesson-based programming.

The Policy allows Not-for-profit Community Organizations (Section 501(c)(3) or (c)(4)) to apply for partnership status in two different tiers; eligibility criteria and minimum requirements are further outlined to qualify an organization within a specific level.

Junior Senior
Minimum Years 2 years 5 years
Minimum Participants 100 300
Minimum (%) Residents 90% 75%
Partnership applications are administered through the Recreation Division and are accepted and reviewed on an ongoing basis.

At its June 11, 2024 meeting, the Beaches, Parks & Recreation Commission reviewed the updated rosters for the SCA and the 2024 application from SCWP.

San Clemente Aquatics Team
In September 2022, SCA requested to renew their Senior Partner status and submitted a new application (Attachment 3). The application included team rosters that reflected 344 participants in their program. After review, staff determined that 340 swimmers met the qualifications as participants, however, only 89.4% were identified as San Clemente residents, which did not meet the 90% minimum residency requirement.
144
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CITY OF SAN CLEMENTE 3
In December 2022, the City Council granted an exception to SCA for a one-year Senior Partnership Agreement with two possible one-year extensions. The extensions were to be granted if the SCA organization increased its resident participants and could meet the 90% residency requirement within one year.

In early spring 2024, SCA submitted its 2023 rosters at the one-year mark. The rosters included 321 participants, 88.8% of which are San Clemente residents. This roster submission did not include seasonal, entry swim instruction programs including “Mini Tritons” and “Barracudas.” Based on the guidelines formalized through Policy, SCA does not qualify for Senior Partner Status, but qualifies for Junior Partner Status.

San Clemente Tritons Water Polo Corporation
SCWP is not currently a partner but is recognized as a non-profit water polo organization. They had a sister organization, Triton Water Polo Club, that was a junior partner from 2016 through April 2021. Triton Water Polo declined to submit a partnership application to renew its partnership status in the Fall of 2021 and effectively disbanded. SCWP was not able to obtain a transfer of ownership of the Triton Club and therefore the Junior Aquatic Partnership expired and was not renewed.

Since June 2022, Water Polo has become a frequent renter at the San Clemente Aquatic Center and meets the requirements for Junior partnership status. The 2024 Partner Application (Attachment 3) demonstrates 256 participants with 86% being San Clemente residents. The program is run and maintained by a volunteer board and utilizes a combination of paid and volunteer coaches. As long as the player is water-competent, Water Polo does not turn any player away regardless of skill.

On its application, the SCWP roster submission included its seasonal feeder program, “Splashball”, and two-day Swim Clinics. These participants have been excluded from the total roster count because the purpose of the Aquatics Partnership program is to provide competitive swimming opportunities which the City does not offer through its regular recreation programming.

Council Options:
 Adopt the resolution, which would grant two one-year continuations of Senior Partnership status to SCA, and grant a two-year Junior Partnership to SCWP.  Modify the resolution to change the level of partnership status or the term of the agreements for one or more organizations.
 Do not award partnership status to either organization with direction to staff to provide additional information.

Environmental Review/Analysis:

Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). The action has no potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. 145
Meeting Date: September 3, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation ..recommendation
The Beaches, Parks and Recreation Commission recommends the City Council adopt Resolution No. 24-138, which will:

1. Establish general guidelines for the allocation and management of municipal pools concerning the partnerships; and

2. Approve an exception to Aquatics Partnership Policy to allow for the San Clemente Aquatic Team to maintain its Senior Partner status granted in 2022 for two additional years, expiring in December 2025; and

3. Grant and authorize the Beaches, Parks & Recreation Director to execute a Junior Partnership Agreement with the San Clemente Water Polo Club for a term of two years; and

4. Direct the Beaches, Parks & Recreation Commission to review and update the Aquatics Partnership Policy as part of its 2024-25 Work Plan.
..end
Attachment:

1. Resolution No. 24-138

2. Aquatic Partnership Policy and Purpose

3. San Clemente Aquatic Team 2022 Partnership Application

4. San Clemente Water Polo Club Partnership Application

5. San Clemente Water Polo Club Partnership Agreement – Proposed Notification:

San Clemente Aquatic Team
San Clemente Water Polo Club
146
Attachment 1
RESOLUTION NO. 24-138

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, TO ESTABLISH YOUTH

PARTNERSHIPS WITH AQUATIC SPORTS TO

ENCOURAGE AND SUPPORT AQUATIC COMPETITIVE

SPORTS ON A YEAR-ROUND BASIS AT MUNICIPAL
POOLS
WHEREAS, the City of San Clemente recognizes the value of promoting year-round healthy lifestyles and activities for its residents at its municipal pools, including but not limited to swimming, diving, water polo, and synchronized swimming, which provide significant physical, mental, and social benefits to San Clemente’s Youth; and WHEREAS, the City of San Clemente is committed to expanding opportunities for youth engagement and development within aquatic competitive sports by partnering with select local outside organizations for programs that allow service to a larger portion of the community than only City-provided programs; and
WHEREAS, the City wishes to promote such partnerships by providing reduced rates and priority pool allocations; and
WHEREAS, the San Clemente Water Polo Club (“SCWP”) has demonstrated significant contribution to the community and the development of youth athletes within the sport of water polo, fostering a positive environment for both competitive play; and WHEREAS, the San Clemente Aquatic Team (“SCA”) has consistently upheld the highest standards of excellence in aquatics sports in San Clemente for over 30 years, contributing to the region’s prestige and maintaining a robust program that has benefitted local youth athletes; and
WHEREAS, the Aquatics Partnership Policy (the “Policy”) generally stipulates the conditions under which junior and senior partnership statuses are granted, reviewed, and renewed, ensuring equitable access and recognition for all aquatic programs; and WHEREAS, the SCWP has applied for and is deserving of junior partnership status under the Policy, which will provide enhanced access to resources, facilities, and support necessary for their continued growth and success; and
WHEREAS, the SCA has requested continued exception to the Policy to maintain its senior partner status for the duration of its partnership term, in recognition of its exceptional contributions and established legacy within the community.

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

Section 1. The SCWP is hereby granted Junior Partnership status for a two-year term, effective immediately upon adoption of this resolution retroactively after execution of 147
Resolution No. 24-138 Page 2
a Partnership Agreement in a form substantially similar to that presented to the City Council on September 3, 2024. This status includes all rights, privileges, and responsibilities associated with Junior Partnerships as outlined in the Aquatics Partnership Policy and its Partnership Agreement.

Section 2. The Beaches, Parks and Recreation Director is authorized and directed to execute a Partnership Agreement with SCWP in a form substantially similar to that presented to the City Council on September 3, 2024.

Section 3. The SCA is granted an exception to the Aquatics Partnership Policy, allowing the continuation of its Senior Partner status for two additional one-year terms in recognition of the team's unique contributions to the community. The senior status is retroactively effective to December 2023, upon adoption of this resolution and execution of an amendment to the SCA Partnership Agreement in a form acceptable to the City Attorney.

This status will be maintained until the next scheduled review in December 2025, subject to the terms and conditions outlined in the Aquatics Partnership Policy.

Section 4. The Beaches, Parks and Recreation Director is authorized and directed to execute an amendment to the Partnership Agreement with SCA in a form acceptable to the City Attorney that accomplishes the purposes of this resolution.

Section 5. Partnership discounts will not be offered for private lessons, lessonbased programming, recreational and /or seasonal feeder programs that would conflict with existing City programming and City policy prohibiting instruction without an agreement with the City.

Section 6. The Beaches, Parks and Recreation Department (the “Department”), shall develop and implement lane allocation following the Pool Rental Application process.

Allocation will be granted depending on current operational capabilities and fair co-use with public lap swim and other programming. The City and Partnership representatives will meet quarterly to determine lane rentals.

Section 7. The Department shall establish a system for monitoring lane utilization and evaluating the effectiveness of the aquatic sports programs for the term of the Agreements. SCA and SCWP shall supply participant rosters annually to the Department and must continue to meet the minimum requirements of the Partnership tier the organization has been allocated. The Department will provide reporting progress to City Beaches, Parks and Recreation Commission on an annual basis.

Section 8. The Department will provide an overview of the existing Policy to the Beaches, Parks and Recreation Commission and offer suggestions to modernize or make changes based on the current implementation of the Policy as part of the Commission’s 2024-25 Work Plan.

Section 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 148
Resolution No. 24-138 Page 3
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. 24-138 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
149
150
151
PAGE 1
City of San Clemente
Beaches, Parks & Recreation Department
987 Avenida Vista Hermosa, CA 92673
Phone: (949) 429-8797

APPLICATION FOR AQUATIC PARTNERSHIP STATUS
Must be completed by an authorized representative of the organization. Attach extra pages as needed.

It is the desire of the City of San Clemente to encourage and promote various Aquatics programs for its residents on a year-round basis within the city limits, and to make the best and most efficient use of City’s amenities, pools and facilities. The City’s focus is to provide low cost recreational programs that promote health, wellness and character. The city will consider partnerships with nonprofit organizations by providing reduced rental rates, pool allocation priorities, and limited support services, which may include site preparation and maintenance, periodic pool improvements as needed and limited administrative/clerical support. By selecting non-profit organizations with similar missions with which to partner, the City may assist in providing these services.

For a non-profit organization to qualify for Senior or Junior Recreation Aquatics Partnership, they must meet the minimum requirements and criteria listed in section 3.1 and must meet the definitions for a Senior or Junior Partner listed below.

Senior Partnership: Must have provided the sports program for City for at least five years, and currently have at least 300 participants, 90% of whom reside in the City. Swim meets, tournaments, and practices must be conducted in San Clemente boundaries.

Junior Partnership: Must have provided the sports program for City for at least two years, and currently have at least 100 participants, 75% of whom reside in the City of San Clemente.

The Organization is seeking:

Senior Partner Status
Has the Organization been granted partnership status in the past? YES If yes, what year? What level? Senior

GENERAL INFORMATION
Name: San Clemente Aquatic Team Federal Tax ID#: 33-0112862 Main Contact: Jason York CA Domestic Non-Profit#: CA #
E-Mail: [email protected] Primary Phone: 408-821-5600
Address: PO Box 73666 Alternate Phone: PHONE 2
San Clemente, CA. 92673 Years serving San Clemente: 48
Sport/Activity: Swimming Ages Served: 5-19
Attachment 3
152

APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 2

PROGRAM INFORMATION

PRIMARY SEASON INFORMATION
Primary Season Dates: Year-round
# Participants Registered Last Year: 344 % San Clemente residents: 90% # Participants Anticipated This Year: 350 % San Clemente residents: 90% Do players tryout based on skill? Yes
% Participation in recreation-based program: 35%
% Participation in skill-based (Club, Select, etc.) program: 65% Are players guaranteed minimum swim time? No
If yes, how much and explain?
Itemize Costs to Participants (including required equipment purchase – attach pages as needed):

Monthly dues: $105-$220; $100 Team Registration; $77 USA Swimming Registration; group equipment varies. All swimmers need kickboard and fins. Advanced groups also need snorkel, hand paddles.

SECONDARY SEASON INFORMATION
Secondary Season Dates: NA
# Participants Registered Last Year: % San Clemente residents:
# Participants Anticipated This Year: % San Clemente residents:

Do players tryout based on skill? ☐ Yes ☐ No
% Participation in recreation-based program:
% Participation in skill-based (Club, Select, etc.) program:

Are players guaranteed minimum swim time? ☐ Yes ☐ No
If yes, how much and explain?
Itemize Costs to Participants (including required equipment purchase – attach pages as needed):
153

APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 3

ORGANIZATION STRUCTURE
List the programs and/or sub-divisions offered by your organization:

Title # of
Participants
% San Clemente
Residents
Cost to
Participate
Skills/Tryout
Based?
Team Swimmers 344 90% $105-$220/monthly YES
% ☐ Yes ☐ No
% ☐ Yes ☐ No
% ☐ Yes ☐ No
% ☐ Yes ☐ No
% ☐ Yes ☐ No
% ☐ Yes ☐ No
How are the following activities performed:

BOARD OF DIRECTORS: = Volunteer
COACHES: = Paid
COORDINATORS: = Volunteer
**All applicants must fill out Attachment “A” to provide detailed budget information.

How does your organization select/place swimmers on each team/group during the primary and secondary seasons? Is there any carry-over of swimmers to the same team for the next season? SCAT is a year-round swim team. Swimmers are placed in groups according to age and skill. For safety reasons, all swimmers must be able to swim across the pool freestyle. There is a carry-over from year to year as the swimmers move through our structure. Our entry level begins with Mini-Tritons > Bronze Group > Silver Group> Gold Group> Platinum Group> Senior Group> National Group; we also have a FitPrep Group for seasonal swimmers trying to prepare for their high school sports. Per city instructions, we are not a swim lesson program.

Describe the expectations of parents and/or participants in the form of volunteering (including tasks, number of hours, and if there is a monetarydonation expected)? Is there a penalty for non-volunteers? Families with swimmers in Silver, Gold, Platinum, Senior and National groups have 20 service hours per year.

Families with swimmers in our non-competitive groups, Bronze and FitPrep do not have service hours. Families will incur a penalty for non-participation of service hours. That fee is $50/hour. Families have numerous team event opportunities to volunteer and earn service hours.

Describe what circumstance an interested participant would be denied acceptance into your program.

If the child cannot swim and needs to attend swim lessons, they would be denied participation on the swim team and referred to city programming.

Does your organization offer camps, clinics, or, private lessons? YES - Clinics If yes, list times, dates, and cost(s) to participants. **We currently have no plans to host any of the above, but will plan to host a clinic in the future. Currently, cost are unknown, but would range between $100 - $200 for a 4 hour clinic, depending on the experience and “celebrity” of the clinician.
154

APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 4
Does your organization offer programs for the disabled and/or an inclusive program? Yes If yes, describe program and include times, dates and costs to participants.

We are inclusive of any child that can meet the minimum swim requirements. In addition, we currently have a coach becoming “para-athlete” certified so that we can also be inclusive of those who cannot meet the minimum swim requirements.

Does your organization host meets? Yes
If yes, how many and what’s the (%) of non-resident teams? We host three (3) competitions each year and all teams other than SCAT are non-residents.

What percentage of meets are held outside of San Clemente? All, with the exception of the meets we host.
90%
Does your organization compete against out of area/non-resident teams? Yes What percentage of meets are held against out of area teams? 100 % List all other organizations with which your teams compete/participate in? USA Swimming sanctioned meets only.

SCHOLARSHIP PROGRAMS
Does your organization provide scholarships and/or reduced rate for low-income families? Yes
If yes, provide the number of full scholarships each season, the amount per child, and the criteria for awarding the scholarship below.
# Full Scholarships Scholarship Amount/Child Scholarship Criteria

PRIMARY
Swimmer pays 20%/Team funds
80% of monthly dues.

To qualify for the Outreach Athlete Registration,
the athlete's family must meet the eligibility
requirements of at least one of the following:
◊Calworks ◊ Covered California/Medi-Cal ◊
Homeless Coalition ◊ Section 8 Housing ◊ SNAP ◊
Family income at or below the state poverty level ◊
Individual Free School Lunch Program *

SECONDARY
Number of Partial Scholarships/Reduced Rates Primary Season: We currently have 1 scholarship athlete.

Number of Partial Scholarships/Reduced Rates Secondary Season:

Discount amount per child: $2,112/Year
155

APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 5
Reduced Rate Criteria:

ADDITIONAL ORGANIZATIONAL INFORMATION
Does your organization have a current certificate of insurance and endorsements? Yes Has your organization’s insurance ever lapsed? No
If yes, list date(s) and brief explanation.

Has your organization been the subject of any investigation (past or pending) by any government or administrative agency, whether at the City, County, State or Federal level? No If yes, list date(s) and brief explanation.

Is your organization up to date on all outstanding balances with the City? YES If no, list current account balance and anticipated date of receipt of payments? Has your organization demonstrated a history of adherence to City rules, policies and allocations? Please explain.

Absolutely. We strive to be a good partner and represent San Clemente in a positive manner.

Please describe your organization’s philosophy.

San Clemente Aquatics emphasizes quality in coaching and challenging individual training. This gives our athletes the opportunity to develop a strong work ethic, life skills, as well as athletic ability and a positive and healthy attitude to achieve their highest potential in a safe environment. 156

APPLICATION FOR AQUATICS PARTNERSHIP STATUS
CITY OF SAN CLEMENTE PAGE 6
Please tell us how your organization is going to have a symbiotic relationship with the City.

We are San Clemente. Our team was established in San Clemente in 1974 and we are proud to be a partner. We submit permits in a timely fashion, we pay ahead of our rental use and the expectation is the relationship should improve each season.

If your organization was selected as a Senior or Junior Partner, please tell us what benefits you would provide back to your organization and the community.

To the organization we provide quality coaching that teaches life skills and an environment that creates life-long friends. Our team is a family. To the parents and community, we provide a safe outlet for our youth to exercise, stay fit, explore their talents, compete to their full potential, stay out of trouble and learn time management skills that will help them in the future. Swimmers always top the GPA rankings of high school student athletes teams.

If your organization was denied partnership, please describe what hardships your organization would encounter.

If we were denied Senior Partnership, we would not be able to continue the team (at the Aquatic Center). Nonpartnership rental rates would make monthly dues prohibitive and outside of most family’s recreation budget.

PLEASE ATTACH ALL OF THE FOLLOWING:

All items on the checklist provided below must be submitted in order to consider your application complete.

Incomplete applications will not be considered.
o Proof of federal non-profit status and CA domestic non-profit status (Kym) o Program objectives, philosophy or mission statement
o List of current board members; including name, position, and contact information o Articles, bylaws and other charter documents
o A program budget (Use Attachment “A” for detailed budget or supply your own organization’s format) o Profit/loss statement or audited financial statement
o Last THREE years of tax returns for San Clemente sports program; if part of a district, regional, or nationally based organization the City is requesting tax and/or financial information that is sent to the larger Parent organization.
o Last primary season’s game/meet schedules including number of teams and game/meet locations o Player registration record, including addresses for Primary and Secondary Seasons o Current Certificate of liability insurance and endorsement letter 157
City of San Clemente
Beaches, Parks & Recreation Department
987 Avenida Vista Hermosa, CA 92673
Phone: (949) 429-8797

APPLICATION FOR AQUATIC PARTNERSHIP STATUS
Must be completed by an authorized representative of the organization. Attach extra pages as needed.

It is the desire of the City of San Clemente to encourage and promote various Aquatics programs for its residents on a year-round basis within the city limits, and to make the best and most efficient use of City's amenities, pools and facilities. The City's focus is to provide low cost recreational programs that promote health, wellness and character. The city will consider partnerships with nonprofit organizations by providing reduced rental rates, pool allocation priorities, and limited support services, which may include site preparation and maintenance, periodic pool improvements as needed and limited administrative/clerical support. By selecting non-profit organizations with similar missions with which to partner, the City may assist in providing these services.

For a non-profit organization to qualify for Senior or Junior Recreation Aquatics Partnership, they must meet the minimum requirements and criteria listed in section 3.1 and must meet the definitions for a Senior or Junior Partner listed below.

Senior Partnership: Must have provided the sports program for City for at least five years, and currently have at least 300 participants, 90% of whom reside in the City. Swim meets, tournaments, and practices must be conducted in San Clemente boundaries.

Junior Partnership: Must have provided the sports program for City for at least two years, and currently have at least 100 participants, 75% of whom reside in the City of San Clemente.

The Organization is seeking:
□ Senior Partner Status □ Junior Partner Status
Has the Organization been granted partnership status in the past? □ Yes □ No If yes, what year?_____ What level? ____ _

GENERAL INFORMATION
Name: I San Clemente Tritons Water Polo Corporation Federal Tax ID#: 87-2059888 Main Contact: I Christopher Logan Powell CA Domestic Non-Profit#: I E-Mail: Primary Phone:

Address: Alternate Phone:

Years serving San Clemente: 3 yrs under new owner;
16+ under prev. owner - Sport/ Activity: Water Polo Ages Served: I 6-18 PAGE 1
Attachment 4
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Attachment 5
Recreation 100 North Seville San Clemente CA 92672
55452.01600\29014957.2

AQUATICS PARTNERSHIP AGREEMENT
FOR

SAN CLEMENTE WATER POLO CLUB
This AQUATICS PARTNERSHIP AGREEMENT (the “Agreement”) is made and entered into this __ day of _____, 2024 (the “Effective Date”), by and between the CITY OF SAN CLEMENTE, a municipal corporation (“CITY”), and SAN CLEMENTE TRITONS WATER POLO CORPORATION, a California nonprofit public benefit corporation (“SCWP”), for the period of two (2) years from and after the Effective Date.

R E C I T A L S:

WHEREAS, the City owns and operates the San Clemente Aquatics Center at the Vista Hermosa Sports Park, which features a 50-meter competition pool and a 25-yard activity pool with play features, and the historic Ole Hanson Beach Club Municipal Pool, which features a 25-yard pool, and teaching pool; and
WHEREAS, SCWP is a private non-profit organization that has been involved in competitive and non-competitive swimming activities in San Clemente since 2021 and currently serves 256 athletes ranging from novice to 16/18 U teams (the “Program”); and WHEREAS, SCWP currently uses the 50-meter competition pool at the San Clemente Aquatics Center and desires to enter into this Agreement to establish a program of pool usage for the continuation of its programs for SCWP members and City residents.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the parties agree as follows:

C O V E N A N T S:

Based on the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, City and SCWP hereby agree as follows:

1. Program Requirements
As a material inducement to the City’s entering into this Agreement, SCWP agrees and covenants that, during the term of this Agreement, SCWP shall operate its Program in compliance with the following requirements, and agrees that any failure to strictly comply with any of the following requirements is a material breach of this Agreement:

1.1. SCWP is and shall remain currently registered and active with the State of California as a not-for-profit community organization under Section 501(c)(3) or (c)(4) of the Internal Revenue Code.

1.2. SCWP is not aware that it is the subject of any formal investigation and shall not be the subject of any investigation by any government or administrative agency of the City, County of Orange, State of California, or the United States Government. SCWP shall 168
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immediately notify the City in writing if it becomes aware that SCWP is the subject of any formal investigation by a government agency.

1.3. SCWP shall carry Commercial General Liability insurance with limits no less than $2,000,000 per occurrence, and $4,000,000 annual aggregate, with an additional insured endorsement in favor of City, and approved by the city’s risk manager. SCWP’s liability insurance shall be primary insurance without rights of subrogation. Each such policy of insurance shall comply with Article 16 below.

1.4. SCWP shall remain able to demonstrate financial hardship if the discounts provided for by this Agreement are denied and SCWP is required to pay regular rates for the use of City amenities, pools, and/or facilities.

1.5. SCWP has and shall maintain an open enrollment policy regardless of participant’s skill level. For purposes of this Agreement, an “Open Enrollment Policy” shall mean no child shall be denied enrollment based on skill level, provided the participant meets the minimum swim requirements. Swimmers must be 8 years or older and be able to safely participate in group instruction in deep water.

1.6. SCWP shall maintain and enforce a “minimum play rule” which requires that each participant enrolled in the Program shall play 50% of the time for each game.

1.7. SCWP shall provide financial scholarships covering at least ten percent (10%) of the participants enrolled for fifty to one hundred percent (50-100%) of their registration fees to those participants who are in “financial need.” For purposes of this Agreement, “financial need” shall mean those families that can prove a financial and/or special hardship. The scholarship is given to the child to provide an opportunity to enroll in SCWP activities. SCWP shall operate on the philosophy that no child will be denied a chance to participate due to financial hardship. SCWP will be required to submit to CITY their financial reports outlining their scholarship distribution annually.

1.8. SCWP shall prohibit discrimination on the basis of race, religion, national origin, ethnicity, sexual orientation, or gender. In order to promote a positive drug-free and child-friendly environment at City facilities, SCWP shall enforce a “zero tolerance” policy. Any SCWP officer, employee, agent, volunteer, or participant who is found to have abused alcohol, controlled substances (which have not been prescribed for the member), cannabis, or tobacco shall be prohibited from participating in SCWP activities.

1.9. SCWP supplies and shall continue to supply participant rosters annually to the City. SCWP membership shall be comprised of no less than one hundred (100) participants, seventy-five percent (75%) of whom reside within the boundaries of the City of San Clemente.

1.10 SCWP tournaments and practices must be conducted within San Clemente boundaries.

1.11 SCWP shall maintain all documentation necessary to demonstrate compliance with all of the above. The City shall be permitted to inspect, make, and retain copies of any documentation necessary to verify Program compliance within this Article

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2. SCWP Representatives to City

2.1 SCWP shall designate one (1) official representative who shall be City’s primary contact and who shall coordinate the program, pool space, and overall agreement with the City. The SCWP representative shall have the authority to make decisions for SCWP, sign applications with City on behalf of SCWP for pool use, approve billing, understand the pool operations regarding both scheduling and maintenance, assist with SCWP planning of pool allocations, and be responsible for resolving conflicts if/when they arise.

2.2 SCWP is responsible for notifying City in writing within thirty (30) days of any change in its designated SCWP representative referenced in Section 2.1.

2.3 The City Beaches, Parks and Recreation Department (the “Department”) will be the City liaison coordinating all City operations. City responsibilities are delegated to the Recreation Division under the guidance of the Beaches, Parks & Recreation Director or his/her designee. Matters pertaining to the following areas of operation should be directed to this individual: pool allocations, rental applications, billing, insurance, lights, closures, conflicts, pool maintenance, and vandalism.

3. Aquatic Facilities and Event Space Rental Rates
Aquatic partnership fees and discounts are designed to support competitive youth water polo programming initiatives within the City’s aquatic facilities. Certain programs and services are excluded from the partnership discounts to maintain program integrity and financial sustainability.

3.1 All pool assignments shall be made by the City at its sole and absolute discretion. SCWP shall pay a Pool Rental Fee(s) to the City within 14 business days after receipt of the Conditional Pool Use Permit for the upcoming season.

3.2 Pool Rental Fee. The fees noted below shall remain in effect during the entire term of this Agreement unless the Agreement is terminated. The following use fees for non-profit youth sports organizations are collected by the Recreation Division. Fees remain in effect and apply to SCWP Junior Partnership:

Facility Amenity Standard Rental
Rate
Discount Discounted
Rate
25-Yard Pool Lane $25.00/Hour/Lane 50% $12.50/Hour
50-Meter Pool Lane $55.00/Hour/Lane 50% $27.50/Hour
50-Meter Pool $250.00/Hour/Lane 50% $125.00/Hour
25-Yard Pool $125.00/Hour/Lane 50% $62.50/Hour
Friends Meeting Room $150.00/Hour 70% $45.00/Hour
Grass Event Space $200.00/Hour 70% $60.00/Hour
SCWP Cabana $50.00/Hour None ----
Tournament/Competition $400.00 50% Off-Peak
(Oct-Apr)
No Discount
Peak
$200.00/Hour
$400.00/Hour
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Lifeguard Fee $20.00/Hour/Lifeguard None ----
Sound Amplification $60.00 Flat Daily Rate None ----
Janitorial Fee $90.00 Flat Daily Rate None ----
Sound Amplification $60.00 Flat Daily Rate None ----
Janitorial Fee $90.00 Flat Daily Rate None ----

3.3 Lifeguard Fees: Applied to all pool rentals outside the facility hours of operation and for pool rentals with high attendance requiring the City to staff additional lifeguards to maintain effective surveillance and operate within American Red Cross licensing requirements.

3.4 Tournament/Competition Fees: Inclusive of the course set up, and upon approval referenced in section 6.1, use of City Electricity, Colorado Timing System, Scoreboard, Water Polo Cages, Course Markers, City Tables, Folding Chairs, Event Barricades, and additional Trash Cans.

3.5 Sound Amplification: Any use of sound amplifying equipment on public property requires prior approval and must be included in a rental application. The request must be approved and billed out at the flat daily rate, prior to use. This applies to both conditional use permits during public operating hours and private use permits, pursuant to San Clemente Municipal Code 8.48.

3.6 Additional Services: Any additional services required by the City to facilitate a special pool rental will be determined and billed to SCWP as part of the permit approval process. A Janitorial Fee may be assessed for restrooms to be cleaned if deemed needed, for a flat daily rate of $90.00 if the rental attendance is over 200 people.

3.7 Aquatic Partnerships discounts do not apply to private lessons, seasonal “feeder” programs, or lesson-based programming.

3.8 All fees outlined in this Article 3 are subject to change based on City Council resolution. Organizations will be notified of any changes prior to any public meeting.

4. Lane Allocation and Scheduling

4.1. Although community programs, community contract classes, and senior partnerships have priority, SCWP shall be able to reserve pool space in the 50-meter pool Monday through Saturday based on availability.

4.2. City and SCWP representatives will meet quarterly to determine Aquatics Center rentals. The City cannot guarantee any minimum or maximum number of lanes available for use to SCWP. When processing lane allocations, lanes are provided based on the priority use system as described in the Pool Rental Application.

4.3. Rentals of the San Clemente Aquatics Center include lane allocations, private coaching, room rentals, water polo tournaments, grass space, and special events.

SCWP’ representative shall provide a written request for rentals three (3) months in advance to assist City in determining a Master Aquatics Facility Calendar. SCWP shall 171
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provide a written request for any changes or additions to their approved and billed-out rental permit, two (2) weeks in advance of the date of change. If the changes are significant, the notice should be given four (4) weeks before allowing for the management of staffing, lane availability, and other conflicts. These change requests will be used to revise the monthly billing. Change requests to reduce lane usage may not be submitted after the rental date.

4.4. A change fee of $25.00 will be added for any change in time or space requested after a rental permit has been approved and billed out.

4.5. Lanes booked for SCWP are to be utilized for SCWP programs only. SCWP shall not sublet pool space or lanes to outside organizations. SCWP shall not absorb lanes from City contract classes or City programs that are canceled or moved. All lane allocations shall be included in the rental permit for lane use. This includes grass event space and meeting room usage by SCWP.

4.6. SCWP shall request only needed lane space and not overbook the lanes. If the City determines, in its sole and absolute discretion, that SCWP has overbooked lane space, the City may adjust lane allocation unilaterally.

4.7. City will notify SCWP of any excess lane capacity available when City classes are canceled or moved. SCWP may use the additional lane capacity when SCWP and the City determine that additional capacity is necessary during the period that such excess capacity is available.

4.8. It is the responsibility of SCWP to coordinate all pool schedules with its participants and coaches.

4.9. SCWP will not be allocated pool time for group or private water polo and/or swim lessons. This is a direct conflict with City programming and City policy prohibiting instructional programming without a formal agreement with the City. Instructional programming that falls outside of the scope of the aquatic partnership requires separate approval. This includes, but is not limited to:

4.9.1. Any instructional program not covered under the aquatic partnership must be approved individually (i.e., Splashball and Clinics).

4.9.2. A separate program rental application must be submitted for instructional programming outside of the aquatic partnership. This application is distinct from the partnership rental application and ensures that all necessary details and approvals are in place.

4.10. SCWP may utilize a microphone device only during private rental times, or during times when lap swimming is the only concurrent program. Microphones may not be used when other classes and programs are occurring at the same time.

5. Swimmer Lane Minimums and Unused Lanes

5.1. Allocated pool space will be granted dependent on current operational capabilities, fair co-use with public lap swim and continued review of lane utilization. The 172
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City considers sufficient use of a lane for organized/coached group-style rentals based on the following criteria:

5.1.1. A minimum of three (3) swimmers per lane is required for all short-course lane allocations.

5.1.2. A minimum of six (6) swimmers per lane is required for all long-course lane allocations.

5.1.3. All cancelations must be submitted in writing via email to City representative to release overbooked lanes that do not meet the minimum allocation requirements.

5.1.4. SCWP lane reservations must be occupied, and swimmer per lane minimums met for the full duration of the rental period.

5.1.5. Rental lanes left empty for longer than 10 minutes beyond the start of the rental time listed on the permit will be released to the public for lap swim, for the remainder of the rental period. SCWP will be charged for the lane rental without a refund.

5.1.6. Cancelation of reserved rental lanes must be made twelve (12) hours before the start of the rental time listed on the permit. If the lanes will not be utilized or the minimum swimmer requirements will not be met. SCWP will be issued a refund for the released lanes provided the cancelation is made within the 12-hour period.

6. Provision of Lifeguards

6.1. The City provides City lifeguards at all times when SCWP members are in the pool. SCWP practices shall be held at times when City lifeguards are available and on duty. For SCWP tournaments and practice times that occur outside of regular facility operating hours, Lifeguard Fees will apply. One (1) lifeguard is included in the rental fee.

Additional lifeguards are billed at the current rate approved by the City Council as dictated in the City Hourly Part-Time Salary Schedule, per hour per lifeguard. The number of additional lifeguards required is dependent on the number of attendees, including nonswimming guests on the pool deck.

7. Pool Supplies and Standards
City will provide lane lines, water polo cages, and nets for SCWP practices and tournaments/competitions held at the San Clemente Aquatic Center. SCWP is responsible for any and all additional equipment they may require. All additional equipment is subject to City approval.

7.1. The SCWP coaches and representatives will communicate any issues with the pool or deck equipment. When/if items are damaged, or deemed to be in poor repair, 173
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it is the responsibility of the coach that day to ensure the SCWP participants are not in the water until the City approves it is safe to do so.

7.2. Use of Colorado Timing Equipment: SCWP may utilize the City’s Colorado Timing System and scoreboard. An SCWP representative shall sign a city-approved release/waiver agreement holding SCWP responsible for the laptop and equipment. The release is required each time the equipment is checked out and used. When use is complete, City staff will examine the equipment. Any damage to the equipment during SCWP’s use will be the responsibility of SCWP. Only trained SCWP representatives and City staff may use the Colorado Timing System equipment.

7.2.1. SCWP shall be billed at the Junior Partner Tournament/Competition Rate for all lane usage while Colorado Timing Equipment and Scoreboard are in use.

7.3. City will attempt to but has no obligation to maintain, a water temperature between 78–82 degrees Fahrenheit (25.5–27.5 degrees Celsius) during practices, and competitions.

7.4. City will remove or raise diving boards that are not in use during tournaments and competitions.

8. Pool Closure Procedures

8.1. When the Aquatics Center must be closed due to inclement weather, maintenance, damage, or other conditions needing immediate attention, the Recreation Division will determine the closure term and begin procedures as follows:

8.2. Closure signs shall be posted at the Aquatics Facility.

8.3. Any aquatic facility closure in excess of one week will be posted on City’s official website: www.san-clemente.org.

8.4. City will contact the SCWP representative by phone and/or email to notify SCWP of the closure.

8.5. SCWP will be responsible for contacting its coaches and participants to notify them of the closure.

8.6. SCWP agrees to reimburse City for any maintenance costs directly attributed to damage to its municipal pool facilities or any City equipment, including unauthorized alteration of a City site, caused by SCWP, any SCWP member, and/or SCWP invitee. City will credit SCWP lane space for pool closures that are not the fault of SCWP.

8.7. Glass is prohibited on the pool deck. The City has established a fee schedule if broken glass caused by SCWP, any SCWP member, and or SCWP invitee is found on the pool deck and/or in the pool.
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8.7.1. If glass is broken on the pool deck, the City aquatics staff are to be notified immediately via email.

8.7.2. SCWP will be invoiced for the removal of broken glass and cleaning of the pool facility.

8.7.3. The “Glass Fee” is inclusive of City staff time, including cleaning, power washing, and other resources that may be deployed. Additional fees may be assessed if the pool(s) require additional vacuuming and/or draining. If draining the pool is required, SCWP may be invoiced for an additional spike in water fees incurred by the City associated with the glass removal efforts.

The following is an itemized list of fees that may be assessed:

Facility Maintenance Fee Schedule - Flat Rate Costs
Glass found on Pool Deck $241.50
Glass found in Teaching Pool $577.50
Glass found in 25 Yard Lap Pool $735.00
Glass found in 50 M Competition Pool $892.50

9. Pool and Park Clean-Up

9.1. SCWP shall clean up pools, restrooms, locker rooms, and associated areas in the proximity of the pool after each use by SCWP. This includes litter left behind by spectators in the bleachers, or snack concession stand areas. The City will provide adequate trash containers.

9.2. When cleaning up after an event, SCWP shall prevent cleaning materials, trash, sediment, cleaning chemicals, and runoff from entering the storm drain system (i.e., street gutters or catch basins).

10.Concessions

10.1. During this agreement, SCWP has not been allocated concession rights.

Any request for concessions must be submitted in writing to the Recreation Department for approval.

10.2. In accordance with San Clemente Resolution No. 04-27, there will be no use of Styrofoam products at any location within the Aquatics Facilities. SCWP shall prevent the utilization and/or distribution of expandable polystyrene food service products, commonly referred to by the trade name “Styrofoam,” by any SCWP attendee or vendor (caterer) during the term of this Agreement. Failure to abide by this resolution will result in the automatic denial of future pool rentals.

11. Crowd Control. It is the responsibility of SCWP to keep registered participants and their fans from engaging in un-sportsmanlike conduct, such as fighting, or rude and abusive verbal confrontations. If pool representatives or game officials of the league 175
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cannot control the situation, SCWP should contact Orange County Sheriff’s Department for assistance.

12.Tournament Allocations and Rental Conditions

12.1. SCWP shall be permitted to host (2) water polo tournaments per year after first having obtained City approval for each such event. SCWP shall apply to hold a water polo tournament no less than twelve (12) weeks in advance of the proposed date. City Recreation Division will review and coordinate the appropriate meet and rental permits and services, such as planning for additional staffing, overflow parking, and sound permits. SCWP will be required to submit pool and deck site plans, requests for equipment, activity timeline, number of participants expected, times for load, and any other requests of staff a minimum of 30 days in advance of the scheduled date to ensure a smooth operation.

12.2. SCWP will make its best effort to host these tournaments/competitions during non-peak times (October-April). Aquatic Partnerships discounts do not apply during tournaments held during peak months (May-September).

12.3. The terms of Article 6 apply during all SCWP tournaments or events.

13.General Conditions for Special Events and Swim Meets

13.1. City shall provide recycling containers at all SCWP special events.

13.2. SCWP shall ensure that neither its members nor its invitees consume alcoholic beverages at any location within the Aquatics Facilities.

13.3. SCWP shall comply with the City’s Noise Ordinance. Sound permits are required for all amplified sound, including but not limited to PA systems, DJ, and live entertainment, such as bands that include amplification for instruments, drums, horns, etc. Applications for sound permits must be filed at least ten (10) working days before the proposed event and are reviewed by City’s Beaches, Parks and Recreation Department.

13.4. Per Orange County Fire Authority Guidelines (OCFA Guideline F-05), an OCFA permit is required to erect or operate a tent or air-supported temporary membrane structure having an area in excess of 200 square feet, or a canopy in excess of 400 square feet, except for structures used exclusively for camping. (UFC 105.8t.1.) The regulations of the State Fire Marshal for large and small tents, awnings and other fabric enclosures shall also apply. (UFC 320.)

13.5. SCWP scaffolding, bleachers, or other structures that might collapse and cause an injury will require a building permit from the City Building Department (949)361- 6100.

14.Team Promotions
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14.1. Magazine/Web Space: City will list SCWP once each quarter in the City’s Recreation Magazine and on the City Website in the youth sports section. SCWP is responsible for submitting accurate information to the City prior to the publishing schedule.

14.2. Printed Materials: Except as provided above, SCWP will be responsible for all printed promotional materials. City does not provide for copying of flyers, posters, registration packets, or any other printed materials. SCWP is encouraged to use the designated City brochure racks located at the Community Center and San Clemente Aquatics Center. Flyers may not be placed on parked vehicles at any City parks or facilities.

14.3. Team Apparel/Uniforms: SCWP will provide a consistent brand and logo to promote their team through the use of team uniforms, jackets, sweatshirts, and similar merchandise. Apparel and uniforms shall not duplicate the colors or design of any City staff uniforms. Clothing or attire that resembles CITY personnel or programming is prohibited including but not limited to City logos, branding, swimsuits, headwear, and articles of clothing with the color red in order for the public to identify the difference between City safety staff and SCWP representatives.

14.4. Banners at San Clemente Aquatics Center or on Pool Deck: SCWP may place temporary sponsor banners located on the pool deck and the grass space adjacent to the pool deck during tournaments/competitions. Prior approval is required by the Department.

14.5. Overhead Banner Reservation: City has an overhead banner program that is offered to community partners for promotional space. Banner fees apply, without discount. Space in the calendar is based on date availability in conjunction with other City programs and partners. Applications are available in November of each calendar year and are processed by January

14.6. City’s logo is not to be used on any promotional materials or merchandise without prior City approval, which approval may be withheld at City’s sole and absolute discretion.

15.SCWP Contributions to Pool Maintenance

15.1. As a Junior Partner to the City, SCWP shall assist with the stewardship and maintenance of pools.

15.2. SCWP shall obtain prior written consent from City to make any alterations, additions, or improvements to City pools including routine pool maintenance and preparations. SCWP understands that any other such alterations, additions, or improvements must comply with all state and local standards.

16. Indemnification. To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), SCWP shall defend (with legal counsel reasonably acceptable to City), indemnify, and hold free and harmless City 177
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and City’s agents, officers, volunteers and employees, (collectively, the “Indemnitees”) from and against any and all claims, loss, cost, damage, injury (including, without limitation, injury to or death of any SCWP participants, invitees, officers, agents, employees, representatives, volunteers or subcontractors of SCWP [collectively, the “SCWP Entities”]), expense and liability of every kind, nature and description (including, without limitation, incidental and consequential damages, court costs, attorney’s fees, litigation expenses and fees of expert contractors or expert witnesses incurred in connection therewith and costs of investigation) that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the acts, omissions, negligence (whether active or passive), recklessness, or willful misconduct of SCWP’s use of the City facilities including but not limited to the San Clemente pools, by any of the SCWP entities, anyone directly or indirectly employed by any of them, or anyone that they control or invite to the premises (collectively, the “Liabilities”). Such obligation to defend, hold harmless, and indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused by the sole and active negligence or willful misconduct of such Indemnitee.

17. Insurance.

17.1. Prior to the City’s execution of this Agreement, and as a condition to the effectiveness hereof, SCWP shall submit certificates and endorsements to City indicating compliance with the following minimum insurance requirements, and SCWP shall maintain such insurance in effect during the entire term of this Agreement: Commercial General Liability, personal injury and property damage liability, contractual liability, independent contractor’s liability, and automobile liability insurance, with a minimum, combined liability limits of Two Million Dollars ($2,000,000) per occurrence for all covered losses and Four Million Dollars ($4,000,000) in the aggregate. Any deductible or selfinsured retention in excess of Five Thousand Dollars ($5,000) shall be declared to the City and requires the prior approval of the City’s Risk Manager.

17.1.1. SCWP shall carry sexual abuse and molestation (SAM) insurance with limits not less than $1,000,000 per occurrence or claim with an aggregate of not less than $2,000,000. The policy shall provide coverage including but not limited to claims for improper sexual conduct, damages because of bodily injury, and negligent hiring and supervision.

17.1.2. Each such policy of insurance shall:
(i) be issued by companies that hold a current policy holder’s alphabetic and financial size category rating of not less than A-VII, according to the current Best’s Key Rating Guide or a company of equal financial stability that is approved by City’s Risk Manager for all coverages except surety;
(ii) name and list as additional insured City and City’s officers, employees, and agents. An endorsement shall accompany the insurance certificate naming such additional insured. Additional Insured Endorsement is subject to approval by the city’s risk manager, at their sole discretion;
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(iii) specify it acts as primary insurance and that no insurance held or owned by City shall be called upon to cover a loss under said policy; (iv) contain a clause substantially in the following words: “it is hereby understood and agreed that this policy may not be canceled or materially changed except upon thirty (30) days prior written notice to City of such cancellation or material change as evidenced by a return receipt for a registered letter;”
(v) cover the operations of SCWP pursuant to the terms of this Agreement; and
(vi) be written on an occurrence and not a claims-made basis; and (vii) All defense costs shall be outside the limits of the policy.

17.1.3. With respect to such insurance policies, original documents shall be sent to:

Original documents to:

City of San Clemente
Risk Management Office
910 Calle Negocio, San Clemente, CA 92673
One additional copy to:

Beaches, Parks and Recreation Department
987 Avenida Vista Hermosa, San Clemente, CA 92673
Attention: Beaches, Parks & Recreation Director

19.Violation Warning Procedure and Disciplinary Policy

19.1. Purpose: The purpose of this policy is to implement a systematic method of enforcing the Municipal Code and Pool Rules, Use and Allocation Policy.

19.2. Policy: City reserves the right to cancel or suspend all permits issued to SCWP as well as any other use of City facilities as provided for under this Agreement for meets, practices, and other usages based upon SCWP’s violation of the City Municipal Code or this Agreement.

19.3. Commitment: SCWP’s Board of Directors is required to notify SCWP volunteer coaches, parents, and participants about the rules and regulations outlined in the City’s Pool Rental Policies, municipal codes, and guidelines within this Agreement.

The Recreation Division will work closely with SCWP to address concerns and enhance communications between staff, pool users, and the community. It is the responsibility of SCWP to notify City of any concerns.

19.4. Outcome: SCWP shall regularly communicate with SCWP members to educate participants, coaches, and parents to become increasingly more responsible working within the Municipal Code and pool rules, and user agreements, especially where 179
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traffic, noise, parking, trash, and issues are concerned. By enhancing communication all parties involved will benefit.

19.5. Violations: City may document violations resulting from SCWP’s failure to follow the terms of this Agreement, the Municipal Code, and City Department policies and procedures. Any failure to document such violations shall not constitute a waiver.

19.6. Notification: City staff shall contact the SCWP representative to discuss any noticed violation. City shall e-mail a SCWP representative, with a copy to the President, and will follow up on the telephone conversation confirming the discussion and details of the incident or violation.

19.7. Proposed Resolution and Timeline: SCWP’s representatives will work with staff to propose a resolution and define the timeline in which the issue will be resolved.

This information will be confirmed in writing to both the SCWP’s representative and President. If SCWP fails to take the necessary actions to resolve the issue as agreed upon between the parties, City may resolve the issue and charge SCWP for any manpower and/or equipment used to resolve the issue. SCWP shall bear all costs and expenses City deems necessary to completely resolve the issue.

19.8. Warning Issued: If the issue is not resolved by the agreed-upon date, City shall send a written warning to SCWP.
(i) First Warning: The first warning letter will be sent upon SCWP’s first failure to resolve an issue resulting from a direct violation of this Agreement, the City Municipal Code, and facility operating policy or rules. A letter will be written to SCWP’s President and representative documenting the violation and will be placed in SCWP’s file. A report and/or pictures of the violation will be included for reference. The matter may be appealed by SCWP to the Beaches, Parks and Recreation Director.
(ii) Second Warning: A Second warning is issued after a second documented violation occurs within one year (365 days) from the first violation. City will send SCWP a letter notifying SCWP that a City staff member will be assigned to monitor SCWP activities due to the violation. SCWP will be billed for the assigned hours of the said staff member at the staff member’s appropriate hourly rate. The staff member will act as a City representative on duty to monitor activity at the pools and to report further violations to City. This may be appealed to the Beaches, Parks and Recreation Department. (iii) Third Warning: A third warning is issued after a third documented violation occurs within one year (365 days) from the first violation.

Upon issuance of a Third Warning City shall review this Agreement.

The Agreement is subject to termination upon such review. Any termination may be appealed to the Beaches, Parks and Recreation 180
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Department Director and ultimately appealed to the Beaches, Parks and Recreation Commission, and/or City Council.

19.9. Termination: City may terminate this Agreement without cause by providing thirty (30) days' notice in writing.

19.10. San Clemente Municipal Code: Nothing in this Agreement shall limit the City’s authority to enforce the San Clemente Municipal Code or otherwise take legal action under State law.

20. Term and Cooperation

20.1. The term of this agreement shall be two years from the Effective Date and will continue until canceled under the provisions of Section 21.9.

20.2. Any applicable Extensions shall be granted under Beaches, Parks & Recreation Directory authority and based on SCWP’s demonstrated ability to meet the minimum requirements of the Aquatics Junior Partnership, including but not limited to the total number of swimmers and minimum residency requirements.

20.3. SCWP shall adhere to all the policies and procedures of the City and cooperate with the Department and City staff to ensure that the purpose of this Agreement is met. SCWP shall not discriminate against those in its employ, volunteers, or participants on account of race, religion, national origin, ethnicity, sexual orientation, or gender (except where gender is a bona fide issue for the sports program).

21. Miscellaneous

21.1. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties concerning the subject matter set forth herein, and there are no oral or written representations, understandings, or ancillary covenants, undertakings, or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings, or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

21.2. Severability. If any term, provision, covenant, or condition of this Agreement shall be determined invalid, void, or unenforceable, then this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld.

21.3. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting 181
-15-
party or in favor of City shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

21.4. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

21.5. Singular and Plural. As used herein, the singular of any word includes the plural.

21.6. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

21.7. Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

21.8. No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

21.9. Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, fires, wars, riots or similar hostilities, strikes, and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

21.10. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

21.11. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

21.12. Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing, or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, or such other appropriate court in said county, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court including under Code of Civil Procedure section 394.

Service of process on City shall be made in accordance with California law. Service of 182
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process shall be made in any manner permitted by California law and shall be effective whether served inside or outside California.

21.13. Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non-material modifications may be approved by the City Manager upon the recommendation of the Community Development Director and approval of the City Attorney.

21.14. Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound.

21.15. Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender receives confirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mail, registered, certified, postage fully prepaid and addressed to the respective parties as set forth below or as to such other address as the parties may from time to time designate in writing:

If to City: City of San Clemente
100 N. Calle Seville
San Clemente, CA 92672
Attention: Beaches, Parks & Recreation Director
With a copy to: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attention: City Clerk
If to SCWP: San Clemente Tritons Water Polo Corporation 134 Avenida San Dimas
San Clemente, CA 92672
Attention: President
[End – signature page follows]
183
- 17 -
IN WITNESS WHEREOF, City and SCWP have caused this Agreement to be executed on their behalf by their respective officers or agents herein duly authorized as of the date first written above.
“CITY”

CITY OF SAN CLEMENTE,
a municipal corporation
By:

Samantha Wylie, Beaches, Parks &
Recreation Director
ATTEST:

City Clerk of the City of
San Clemente, California
APPROVED AS TO FORM:

Elizabeth A. Mitchell
City Attorney
“SCWP”

SAN CLEMENTE TRITONS WATER

POLO CORPORATION,
a California nonprofit public benefit
corporation
By:

Its: Christopher L Powell, CEO
By:

Its: Anissa Bromley, CFO
184
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: September 3, 2024 Agenda Item: 10C.

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

CONSIDERATION OF PUBLIC ART INSTALLATION - SAN CLEMENTE LIFEGUARD MONUMENT AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 3 ..body
Fiscal Impact:

The installation and construction of the proposed monument will be funded by the San Clemente Lifeguard and Junior Lifeguard Foundation (the “SCLJGF”) and has an estimated value of $250,000. As part of this project, the SCLJGF has requested that the City assume the responsibility for all ongoing maintenance, which would be an unbudgeted, new expense in perpetuity. The acceptance of the statue will require an allocation of approximately $2,000 every two years from the City’s General Fund to cover maintenance costs. Not accepting the statue or accepting it on the condition that SCLJGF fund the maintenance costs would avoid perpetual impact on the General Fund.

Summary:

The SCJGF approached the City and proposes the installation of a lifeguard statue within the Parque Del Mar/Pier Bowl area. The proposed statue would be approximately 8 feet tall and would be installed on a concrete base. The purpose of the statute would be to honor the City’s lifeguard history and over 90 years of service to the residents and visitors of San Clemente while enhancing the cultural and aesthetic value of the park.

Staff is seeking City Council direction on (1) whether to proceed with the project, (2) the location of the statue, if the project is approved, and (3) the SCLJGF’s request for the City to assume responsibility for the ongoing maintenance of the proposed monument in perpetuity.

Proposed Sculpture
185
Meeting Date: September 3, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
The proposed art request consists of one 8-foot sculpture depicting two lifeguards, one male and one female, guarding the waters and beginning a rescue into the waters off the pier, as depicted in the image above. The location is proposed within the north Parque Del Mar grass. The applicant has provided four location options for consideration. The Arts and Culture Committee, staff and the applicant recommend Location “D” for the installation, noted in blue on the map below.

Proposed Locations
Background:

The sculpture is designed by Bill Limebrook, a local artist who designed the Marine Monument at Park Semper Fi, as well as the sculptures located in the City of Dana Point along Pacific Coast Highway.

The stated goal and significance of the artwork is to honor the San Clemente Lifeguards' heritage and history within the City, serving the community for over 90 years and ensuring that visitors and residents enjoy a safe day at the beach, year-round. The statue is intended to honor the invaluable contributions of lifeguards to our community and serve as a symbol of safety and vigilance for beachgoers. The applicant has provided detailed plans outlining the design, dimensions, and materials of the statue, as well as its proposed location, in Attachment 2.

Although the City does not have adopted design guidelines when it comes to public art, City art projects typically reflect the character of San Clemente, enhance the Spanish Village by the Sea character, and are consistent with the design of the surrounding community. This design is consistent with these measures.

Staff anticipates the Coastal Commission requiring a review of the project, which will likely result in a waiver.
186
Meeting Date: September 3, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 3
Legislative History
In 2017, the City Council approved the Artwork on Public Property procedure. This policy allows for individuals or organizations to apply to create and establish artwork on public property by going through a formal review process, ending with City Council approval and acceptance.

The Beaches, Parks, and Recreation Department received an application for public art from the San Clemente Lifeguard & Junior Lifeguard Foundation (Attachment 2) with a request to install a sculpture within the Parque Del Mar vicinity (north side).

Per the Art on Public Property process, a 30-day public notice has been posted at the proposed sculpture site and will remain posted until Monday, April 6, 2024. No comments or feedback were received from the public regarding the posting or proposal.

On April 9, 2024, the Beaches, Parks & Recreation Commission reviewed this application and voted (4-3) to recommend approval of the art installation to the City Council, in support of the location marked as Location “C” and in yellow on map above.

On April 24, 2024, the Design Review Subcommittee reviewed the application and unanimously supported the project, providing support to the location marked as Location “B” and in red on the map above. At the Subcommittee meeting, it was noted there were no conflicts with the Pier Bowl Specific Plan and the proposal further supports the General Plan Policy UD-1.02, Design of Public Plazas and Spaces, stating that “[w]e require public plazas and spaces to be designed for safety, comfort, convenience and universal accessibility. They should be well defined by surrounding buildings, located near the public street for good visibility and convenience and incorporate amenities such as seating, distinctive focal points, public art, shade trees and/or eating and entertainment facilities.”
On May 20, 2024, the Arts and Culture Committee reviewed the application and unanimously supported the project noting its cultural significance to the City and the City’s history as a beach community. Members of this Committee reviewed the location options and found an alternate location that the SCLJGF and staff support. This site is noted as Location “D” on the Location Map.

Council Options:
• Postpone the project until SCLJGF identifies funding for the ongoing maintenance of the statue.
• Adopt Resolution No. 24-139, conditionally approving the installation of the statue at Location “D” subject to Coastal Commission approval and SCLJGF’s execution of an installation and maintenance agreement, and finding the project categorically exempt from the California Environmental Quality Act.
• Modify the Resolution by approving an alternate location for the statue installation. • Continue the item with direction to staff.
• Take no action.
187
Meeting Date: September 3, 2024 Agenda Item: 10C.

CITY OF SAN CLEMENTE 4
Environmental Review/Analysis:

The proposed project qualifies for a categorical exemption under Class 3 (Section 15303) of the California Environmental Quality Act (“CEQA”) Guidelines (14 CCR 15303). Class 3 exemptions apply to the construction and location of limited numbers of new, small structures and the installation of small new equipment and facilities in small structures. The installation will have minimal to no impact on the environment. The construction process involves minor ground disturbance for the statue’s base, which will be managed to prevent any significant effect on the surrounding area. Further, the addition of the statue aligns with the existing recreational, visitor serving and cultural use of the area. The statue will enhance the park’s visual and visitor appeal and does not involve any change in land use or density or impact coastal resources.

Recommended Actions:
..recommendation
Staff recommends that the City Council:

1. Discuss the project generally, the proposed location of the statue and provide specific direction to the City Manager regarding the ongoing maintenance and care of the statue; and

2. If the City Council wants to proceed with the project, adopt an appropriate resolution. If adopted, Resolution No. 24-139 would:
a. Find the project categorically exempt from the California Environmental Quality Act (“CEQA”) under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303); and
b. Conditionally approve the installation of the San Clemente Lifeguard monument in the Parque Del Mar/Pier Bowl area, noted in Exhibit A, subject to the approval of or waiver from the California Coastal Commission and entry into an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation; and c. Direct staff to proceed with an application to the California Coastal Commission; and d. Direct and authorize the City Manager to negotiate and execute an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation in a form approved by the City Attorney that provides for the installation and ongoing care and maintenance of the monument to be provided by the San Clemente Lifeguard and Junior Lifeguard Foundation at no cost to the City. ..end
Attachment:

1. Resolution No. 24-139, including Exhibit A

2. Art on Public Property Application - San Clemente Lifeguard & Junior Lifeguard Foundation

3. Art on Public Property Policy

4. Letter of support
Notification:

San Clemente Lifeguard and Junior Lifeguard Foundation
Public Notice Mailer - 300-Feet
188
Attachment 1
RESOLUTION NO. 24-139

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE PUBLIC

ART INSTALLATION OF A LIFEGUARD MONUMENT

SPONSORED AND FUNDED BY THE SAN CLEMENTE

LIFEGUARD AND JUNIOR LIFEGUARD FOUNDATION AT

THE NORTH SIDE OF PARQUE DEL MAR SUBJECT TO

CONDITIONS AND DETERMINING THE PROJECT TO BE
CATEGORICALLY EXEMPT UNDER CLASS 3 OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

GUIDELINES
WHEREAS, the City of San Clemente recognizes the valuable contributions of its lifeguards to the safety and well-being of the community; and WHEREAS, the installation of a lifeguard monument at the north side of Parque Del Mar/Pier Bowl area serves to honor and commemorate the lifeguards’ service, enhance the cultural and aesthetic value and the park, and promote visitor interest in and education regarding the City’s history; and
WHEREAS, the City Council acknowledges the necessity to comply with all relevant regulations and has identified the need to submit an application to the California Coastal Commission for approval of the project; and
WHEREAS, the City recognizes the importance of ensuring the proper installation and ongoing care and maintenance of the lifeguard monument and has identified the San Clemente Lifeguard and Junior Lifeguard Foundation as contributing in this effort.

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

Section 1. Based on the record as a whole, the project is determined to be categorically exempt from the California Environmental Quality Act (“CEQA”) under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303) because it consists of the construction and location of one new small structure that will have no substantial impact on the environment. The construction process involves minor ground disturbance for the statue’s base, which will be managed to prevent any significant effect on the surrounding area. Further, the addition of the statue aligns with the existing recreational, visitor serving and cultural use of the area. The statue will enhance the park’s visual appeal, does not involve any change in land use or density and will not impact coastal resources.

Section 2. Subject to obtaining a coastal development permit, waiver or other approval from the California Coastal Commission and subject to the San Clemente Lifeguard and Junior Lifeguard Foundation entering into an installation and maintenance agreement with the City as set forth in Section 4 below, the installation of a lifeguard monument at the north side of Parque Del Mar, in the location depicted as Location D in Exhibit “A” of this Resolution, which is incorporate herein fully by this reference, is hereby 189
Resolution No. 24-139 Page 2
conditionally approved.

Section 3. City staff is authorized and directed to proceed with an application to the California Coastal Commission for the necessary approvals related to the installation of the lifeguard monument.

Section 4. The City Manager is authorized and directed to negotiate and execute an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation in a form acceptable to the City Attorney that provides that the ongoing care and maintenance of the lifeguard monument shall be provided by the San Clemente Lifeguard and Junior Lifeguard Foundation at no cost to the City.

Section 5. City staff is authorized and directed to execute such other documents and take such other and further action as is necessary and proper to carry out the purposes of this resolution.

Section 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
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. 24-139 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 _________________, ________. 190
Resolution No. 24-139 Page 3
__________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
191
Resolution No. 24-139 Page 4
Exhibit “A”
A
B
C
D
192

SAN CLEMENTE LIFEGUARD & JUNIOR GUARD FOUNDATION

ART ON CITY-OWNED PROPERTY APPLICATION
MARCH, 2024

APPLICANT INFORMATION
ŽŶŽƌͬKƌŐĂŶŝnjĂƟŽŶ
Name: dŚĞ^ĂŶůĞŵĞŶƚĞ>ŝĨĞŐƵĂƌĚΘ:ƵŶŝŽƌ'ƵĂƌĚ&ŽƵŶĚĂƟŽŶ Primary Contact Greg Hulsizer, President
Primary Contact Phone:

E-mail Address
Mailing Address
Non-WƌŽĮƚ/η
/Eϴϰ-4716433
SC Business License N/A
Website ǁǁǁ͘ƐĐůũŐĨŽƵŶĚĂƟŽŶ͘ĐŽŵ

ARTWORK INFORMATION
Title of Artwork: “The Rescue”
ƌƟƐƚEĂŵĞͬŽŵƉĂŶLJ͗ Limebrook Studios - Bill Limebrook͕ƐĐƵůƉƚŽƌ E-Mail Address:

Phone:

Mailing Address:

WƌŽƉŽƐĞĚ>ŽĐĂƟŽŶ͗ WĂƌƋƵĞĞůDĂƌ;ƐĞĞĂƩĂĐŚĞĚƉŚŽƚŽ of ƉŽƚĞŶƟĂů ůŽĐĂƟŽŶs) ĞƐĐƌŝƉƟŽŶŽĨtŽƌŬ͗ dŚĞ^ĂŶůĞŵĞŶƚĞ>ŝĨĞŐƵĂƌĚΘ:ƵŶŝŽƌ'ƵĂƌĚ&ŽƵŶĚĂƟŽŶ, a San Clemente based 501c3 non-ƉƌŽĮƚŽƌŐĂŶŝnjĂƟŽŶ͕ would like to work with the City to donate a ƐĐƵůƉƚƵƌĞ Žƌ͞ĐƵůƚƵƌĂůƚŽƵĐŚƐƚŽŶĞ͟ƌĞƉƌĞƐĞŶƟŶŐƚŚĞŝƚLJ͛ƐϵϬƉůƵƐLJĞĂƌĐŽŵŵŝƚŵĞŶƚƚŽƚŚĞƐĂĨĞƚLJŽĨŽƵƌďĞĂĐŚĂŶĚďĞĂĐŚŐŽĞƌƐ͘tĞ are referring to the ƐĐƵůƉƚƵƌĞ ĂƐĂĐƵůƚƵƌĂůƚŽƵĐŚƐƚŽŶĞ͕ĂƐǁĞĞdžƉĞĐƚƚŚĂƚ this wŝůůďĞĂƉůĂĐĞŽĨgreat cultural and community ƐŝŐŶŝĮĐĂŶĐĞĨŽƌ residents and visitors. AƉƉƌŽdžŝŵĂƚĞůLJϴĨĞĞƚŝŶŚĞŝŐŚƚ (including the ƚƚĂĐŚŵĞŶƚϮ
193

SAN CLEMENTE LIFEGUARD & JUNIOR GUARD FOUNDATION

ART ON CITY-OWNED PROPERTY APPLICATION
PAGE 2
base) and ƐĞƚŽŶĂŶĂƉƉƌŽdžŝŵĂƚĞůLJ6–8-foot square (or rectangular) ďĂƐĞ͕ƚŚĞƉƌŽƉŽƐĞĚƐĐƵůƉƚƵƌĞ will be a slightly larger than life-size ĚĞƉŝĐƟŽŶŽĨĂŵĂůĞĂŶĚĨĞŵĂůĞůŝĨĞŐƵĂƌĚŽďƐĞƌǀŝŶŐĂŶĚƌĞƐƉŽŶĚŝŶŐƚŽ rescue a swimmer in need of assistance. Pavers ;ůŝŬĞĞdžŝƐƟŶŐͿ, concrete, ĚĞĐŽŵƉŽƐĞĚŐƌĂŶŝƚĞ;'ͿŽƌĚƌŽƵŐŚƚ-ƚŽůĞƌĂŶƚůĂŶĚƐĐĂƉŝŶŐwill ďĞƉůĂĐĞĚ around the base. tĞƉƌŽƉŽƐĞƚŚĂƚƚŚĞŝŶƐƚĂůůĂƟŽŶǁŽƵůĚŝŶĐůƵĚĞ ĂƉƉƌŽƉƌŝĂƚĞlow-voltage ůŝŐŚƟŶŐ͘
tĞƉƌŽƉŽƐĞƚŽůŽĐĂƚĞƚŚĞƐĐƵůƉƚƵƌĞ in Parque Del Mar, near the Avenida Del Mar sidewalk͕ŝŶĂůŽĐĂƟŽŶƚŚĂƚĐĂŶďĞǀŝĞǁĞĚĂƐƉĞĚĞƐƚƌŝĂŶƐĂƌĞ walking toward the ƉŝĞƌ͘dŚĞƐĐƵůƉƚƵƌĞǁŝůůďĞƉůĂĐĞĚƐŽƚŚĂƚ the ĚĞƉŝĐƚĞĚůŝĨĞguards are looking toward the ocean. We will work with the ŝƚLJŽŶƚŚĞƉƌĞĐŝƐĞůŽĐĂƟŽŶĂŶĚƉůĂĐĞŵĞŶƚ͘
tĞĂŶƟĐŝƉĂƚĞŚĂǀŝŶŐĂĐŽŵŵĞŵŽƌĂƟǀĞƉůĂƋƵĞĂƐƉĂƌƚŽĨƚŚĞ ŝŶƐƚĂůůĂƟŽŶ͘tĞĂŶƟĐŝƉĂƚĞƚŚĂƚƚŚĞƉůĂƋƵĞǁŝůůďĞĂƉƉƌŽdžŝŵĂƚĞůLJ 20 inches by 20 inches, ƉůĂĐĞĚŽŶĂlow-ƉƌŽĮůĞƉĞĚĞƐƚĂůŝŶĨƌŽŶƚŽĨƚŚĞ ƐĐƵůƉƚƵƌĞ.

The ƉƌŽƉŽƐĞĚŝŶƐĐƌŝƉƟŽŶ ŽŶƚŚĞƉůĂƋƵĞwould read:
“The Rescue”
ĞůĞďƌĂƟŶŐƚŚĞŝƚLJŽĨ^ĂŶůĞŵĞŶƚĞ͛ƐĐŽŵŵŝƚŵĞŶƚƚŽƚŚĞƐĂĨĞƚLJŽĨĂůů ǁŚŽǀŝƐŝƚŽƵƌďĞĂĐŚes. DĞĚŝĐĂƚĞĚƚŽĂůů^ĂŶůĞŵĞŶƚĞůŝĨĞŐƵĂƌĚƐ͕ƉĂƐƚ͕ ƉƌĞƐĞŶƚ͕ĂŶĚĨƵƚƵƌĞ͘
TŚŝƐͺͺĚĂLJŽĨͺͺͺ͕ϮϬϮ5
DŽŶĂƚĞĚďLJƚŚĞ^ĂŶůĞŵĞŶƚĞ>ŝĨĞŐƵĂƌĚΘ:ƵŶŝŽƌ'ƵĂƌĚ&ŽƵŶĚĂƟŽŶĂŶĚ ΀ŶĂŵĞŽĨĨƵŶĚŝŶŐƐƉŽŶƐŽƌ(s)].
/ĨƚŚĞƌĞŝƐĞŶŽƵŐŚƌŽŽŵŽŶƚŚĞƉůĂƋƵĞ͕ĂĚĚŝƟŽŶĂůŝŶĨŽƌŵĂƟŽŶĐŽƵůĚďĞ added, such a reference to the July 1931 date that the City Council ĂƉƉƌŽǀĞĚƚŚĞĨŽƌŵĂƟŽŶŽĨƚŚĞ>ŝĨĞŐƵĂƌĚĞƉĂƌƚŵĞŶƚ.

The ƐĐƵůƉƚƵƌĞ will be ĐŽŵŵŝƐƐŝŽŶĞĚƚŽďĞƐĐƵůƉƚĞĚ͕ĐĂƐƚ͕ĂŶĚĮŶŝƐŚĞĚďLJ renowned local ƐĐƵůƉƚŽƌ, Bill Limebrook. Mr. Limebrook designed and ƉƌŽĚƵĐĞĚƚŚĞDĂƌŝŶĞƐĐƵůƉƚƵƌĞ ƚŚĂƚƐƚĂŶĚƐŝŶWĂƌŬ^ĞŵƉĞƌ&ŝĂŶĚƚŚĞ 50th anniversary Triton monument at San Clemente High School. Mr. >ŝŵĞďƌŽŽŬŚĂƐĂůƐŽƌĞĐĞŶƚůLJĐŽŵƉůĞƚĞĚsix ƐĐƵůƉƚƵƌĞƐƌĞƉƌĞƐĞŶƟŶŐ ŚŝƐƚŽƌŝĐĂůƐƵƌĮŶŐůĞĂĚĞƌƐĨŽƌƚŚĞŝƚLJŽĨĂŶĂWŽŝŶƚĂŶĚŚĂƐďĞĞŶ ĐŽŶƚƌĂĐƚĞĚĨŽƌƐĞǀĞƌĂůŵŽƌĞĨŽƌƚŚĞŝƚLJ͛ƐtĂƚĞƌŵĂŶ͛ƐWůĂnjĂ͘We envision that the ƐĐƵůƉƚƵƌĞďĂƐĞĂŶĚƐƵƌƌŽƵŶĚŝŶŐĂƌĞĂǁŝůůďĞĐŽŵƉůĞƚĞĚďLJĂ ƐĞƉĂƌĂƚĞĐŽŶƚƌĂĐƚŽƌĂŶĚǁŝůůďĞĐŽŽƌĚŝŶĂƚĞĚǁŝƚŚƚŚĞƐĐƵůƉƚƵƌĞ design ĂŶĚŝŶƐƚĂůůĂƟŽŶƉƌŽĐĞƐƐ͘
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ĚĞƉŝĐƟŽŶŽĨǁŚĂƚƚŚĞƐĐƵůƉƚƵƌĞ ĂŶĚƉůĂƋƵĞwill look like and an ŽǀĞƌǀŝĞǁƉhoto ƐŚŽǁŝŶŐŽƉƟŽŶƐĨŽƌƚŚĞ ƐĐƵůƉƚƵƌĞ ůŽĐĂƟŽŶ are ĂƩĂĐŚĞĚ ƚŽƚŚŝƐĂƉƉůŝĐĂƟŽŶ͘ dŚĞƐĐƵůƉƚƵƌĞĚĞƉŝĐƟŽŶŝŶƚŚĞƉŚŽƚŽƐŝƐďĂƐĞĚŽŶĂ model or clay ͞ŵĂƋƵĞƩĞ͘͟dŚĞĮŶĂůƐĐƵůƉƚƵƌĞǁŝůůƌĞŇĞĐƚmore ƌĞĮŶĞĚ features͕ĂĚĚĞĚĚƵƌŝŶŐƚŚĞƐĐƵůƉƟŶŐƉƌŽĐĞƐƐ͘ExamƉůĞƐŽĨƚŚĞƐĐƵůƉƚŽƌ͛Ɛ ƐŝŵŝůĂƌǁŽƌŬƐĂƌĞĂƩĂĐŚĞĚƚŽƚŚŝƐĂƉƉůŝĐĂƟŽŶ.
dŚĞĐŽƐƚƚŽĚĞƐŝŐŶ͕ĐŽŵƉůĞƚĞĂŶĚinstall the ƐĐƵůƉƚƵƌĞ ŝƐĞdžƉĞĐƚĞĚƚŽďĞ $250,000 to $300,000. KƵƌĨŽƵŶĚĂƟŽŶŝŶƚĞŶĚƐƚŽƌĂŝƐĞƚŚĞĨƵŶĚŝŶŐĨƌŽŵ ƉƌŝǀĂƚĞĚŽŶĂƟŽŶƐ ŽƌƉƌŝǀĂƚĞŽƌƉƵďůŝĐŐƌĂŶƚƐ͘tĞĞŶǀŝƐŝŽŶƚŚĂƚŽŶĐĞƚŚĞ ƐĐƵůƉƚƵƌĞ ŝƐŝŶƐƚĂůůĞĚ͕ŝƚǁŝůůďĞŐŝǀĞŶƚŽƚŚĞŝƚLJ͕ǁŚŽǁŝůůƉƌŽǀŝĚĞĨŽƌ ŵĂŝŶƚĞŶĂŶĐĞĂŶĚƵƉŬĞĞƉ.

Goal of the
Artwork/SŝŐŶŝĮĐĂŶĐĞƚŽ
the Community:
/Ŷ:ƵůLJϭϵϯϭ͕ at the request of the Santa Fe Railroad, the City Council formally established the City of San Clemente lifeguard service͘/ŶƚŚĞ 90-ƉůƵƐLJĞĂƌƐƐŝŶĐĞƚŚĂƚƟŵĞ͕ƚŚĞŝƚLJŚĂƐĐŽŶƟŶƵĞĚits unwavering commitment to the safety of San Clemente residents and visitors to our beach, by funding ĂŶĚƐƵƉƉŽƌƟŶŐǁŚĂƚŝƐƚŽĚĂLJŽŶĞŽĨƚŚĞŵŽƐƚ ƉƌŽĨĞƐƐŝŽŶĂůŽĐĞĂŶůŝĨĞŐƵĂƌĚƐĞƌǀŝĐĞƐŝŶƚŚĞĐŽƵŶƚƌLJ͘
Each year, ŵŽƌĞƚŚĂŶϮ͘ϱŵŝůůŝŽŶƉĞŽƉůĞǀŝƐŝƚŽƵƌďĞĂĐŚ͘Our lifeguards ƉĞƌĨŽƌŵŵŽƌĞthan 2,000 ƌĞƐĐƵĞƐĂŶĚĂĚŵŝŶŝƐƚĞƌĮƌƐƚĂŝĚĂŶĚƉƌŽǀŝĚĞ other assistance to more than 100,000 beachgoers each year. Since the founding of the lifeguard service in 1931, our City lifeguards have rescued well over ϭϬϬ͕ϬϬϬƐǁŝŵŵĞƌƐĨƌŽŵƚƌĞĂĐŚĞƌŽƵƐƌŝƉĐƵƌƌĞŶƚƐĂŶĚ other ocean hazards. Our Lifeguard ĞƉĂƌƚŵĞŶƚ has an enviable record of more than 45 years without a drowning on a guarded beach. dŚĞ^ĂŶůĞŵĞŶƚĞ>ŝĨĞŐƵĂƌĚĂŶĚ:ƵŶŝŽƌ'ƵĂƌĚ&ŽƵŶĚĂƟŽŶ͛ƐŵŝƐƐŝŽŶ statement reads:
dŚĞ^ĂŶůĞŵĞŶƚĞ>ŝĨĞŐƵĂƌĚΘ:ƵŶŝŽƌ'ƵĂƌĚ&ŽƵŶĚĂƟŽŶŝƐĚĞĚŝĐĂƚĞĚƚŽ ĞŶŚĂŶĐŝŶŐƚŚĞƐĂĨĞƚLJĂŶĚǁĞůů-ďĞŝŶŐŽĨǀŝƐŝƚŽƌƐƚŽƚŚĞďĞĂĐŚƚŚƌŽƵŐŚ ĞĚƵĐĂƟŽŶ͕ĚĞǀĞůŽƉŝŶŐĂŶĚďƵŝůĚŝŶŐĐŽŵŵƵŶŝƚLJƉĂƌƚŶĞƌƐŚŝƉƐ͕ĂŶĚ ŽďƚĂŝŶŝŶŐƌĞƐŽƵƌĐĞƐƚŽĚŝƌĞĐƚůLJƐƵƉƉŽƌƚƚŚĞ^ĂŶůĞŵĞŶƚĞDĂƌŝŶĞ^ĂĨĞƚLJ ŝǀŝƐŝŽŶ͛Ɛ>ŝĨĞŐƵĂƌĚĂŶĚ:ƵŶŝŽƌ>ŝĨĞŐƵĂƌĚƉƌŽŐƌĂŵƐ͘dŚĞ&ŽƵŶĚĂƟŽŶĂůƐŽ suƉƉŽƌƚƐƚŚĞĐĞůĞďƌĂƟŽŶĂŶĚƉƌĞƐĞƌǀĂƟŽŶŽĨƚŚĞŚŝƐƚŽƌLJĂŶĚ ŵĞŵŽƌĂďŝůŝĂŽĨ^ĂŶůĞŵĞŶƚĞ>ŝĨĞŐƵĂƌĚŝŶŐ.

Just as ƚŚĞWĂƌŬ^ĞŵƉĞƌ&ŝDĂƌŝŶĞŵŽŶƵŵĞŶƚĐĞůĞďƌĂƚĞƐƚŚĞŝƚLJ͛Ɛ ƌĞůĂƟŽŶƐŚŝƉǁŝƚŚĂŵƉWĞŶĚůĞƚŽŶĂŶĚƚŚĞDĂƌŝŶĞŽƌƉƐ͕this unique work of art will be a ƉůĂĐĞĨŽƌƌĞƐŝĚĞŶƚƐĂŶĚǀŝƐŝƚŽƌƐĂůŝŬĞƚŽcelebrate the ŝƚLJ͛ƐĐŽŵŵŝƚŵĞŶƚƚŽďĞĂĐŚĂŶĚŽĐĞĂŶƐĂĨĞƚLJĂŶĚƚŚĞƉƌŽĨĞƐƐŝŽŶĂůŝƐŵ and commitment of all San Clemente ůŝĨĞŐƵĂƌĚƐ͕ƉĂƐƚ͕ƉƌĞƐĞŶƚ͕ĂŶĚ future.
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tĞĞdžƉĞĐƚƚŚĂƚůŽĐĂůƐĂŶĚǀŝƐŝƚŽƌƐǁŝůůǁĂŶƚƚŽŚĂǀĞƚŚĞŝƌƉŝĐƚƵƌĞƐƚĂŬĞŶ with the lifeguard ĮŐƵƌĞs. The ƐĐƵůƉƚƵƌĞǁŝůůĂůƐŽďĞĐĂƉƚƵƌĞĚŝŶƉŚŽƚŽƐ ĂŶĚƉĂŝŶƟŶŐƐďLJůŽĐĂůĂƌƟƐƚƐ͕ƉŽƐƚĐĂƌĚƐ͕ ƐŽĐŝĂůŵĞĚŝĂƉŽƐƚƐ͕and other media, ďƌŝŶŐŝŶŐƌĞĐŽŐŶŝƟŽŶƚŽŽƵƌŝƚLJ͘ŝƐƟŶĐƟǀĞůLJ͕ƚŚŝƐƉƵďůŝĐĂƌƚ ŝŶƐƚĂůůĂƟŽŶǁŝůůďĞƚŚĞĮƌƐƚŽĨŝƚƐŬŝŶĚŝŶƚŚĞŶĂƟŽŶƚŽƌĞĐŽŐŶŝnjĞƚŚĞ ƐŝŐŶŝĮĐĂŶƚĐŽŶƚƌŝďƵƟŽŶƐŽĨfemale lifeguards.
ƵƌŝŶŐƚŚĞƉĂƐƚLJĞĂƌ͕ǁĞŚĂǀĞŵĞƚǁŝƚŚŝƚLJƌĞƉƌĞƐĞŶƚĂƟǀĞƐĂŶĚ ĂĚũĂĐĞŶƚƉƌŽƉĞƌƚLJƌĞƉƌĞƐĞŶƚĂƟǀĞƐ, including ĂƐĂZŽŵĂŶƟĐĂ and San ůĞŵĞŶƚĞŽǀĞƟŵĞƐŚĂƌĞƉƌŽƉĞƌƚLJ͘tĞŚĂǀĞĂůƐŽŵĞƚǁŝƚŚƉŝĞƌďŽǁů stakeholders such as Pier Pride and Mr. Wayne Eggleston, and with ǀĂƌŝŽƵƐƐĞƌǀŝĐĞŽƌŐĂŶŝnjĂƟŽŶƐ͘All have reacted favorably to ƚŚĞƉƌŽƉŽƐĞĚ ƐĐƵůƉƚƵƌĞ͘
Materials/Medium: Bronze ƐĐƵůƉƚƵƌĞ. Concrete base. Pavers ;ƐŝŵŝůĂƌƚŽĞdžŝƐƟŶŐͿ, concrete, ĚĞĐŽŵƉŽƐĞĚŐƌĂŶŝƚĞ;'ͿŽƌĚƌŽƵŐŚƚ-ƚŽůĞƌĂŶƚůĂŶĚƐĐĂƉŝŶŐĂƌŽƵŶĚƚŚĞ base. Low-ǀŽůƚĂŐĞůŝŐŚƟŶŐ͘
Dimensions: ƉƉƌŽdžŝŵĂƚĞůLJϴ feet tall (including base). ƉƉƌŽdžŝŵĂƚĞůLJ 6–8-foot square (or rectangular) base͕ǁŝƚŚĂŶĂƉƉƌŽdžŝŵĂƚĞůLJϮ0”x 20” ƉĞĚĞƐƚĂůͬƉůĂƋƵĞŝŶĨƌŽŶƚŽĨƚŚĞƐĐƵůƉƚƵƌĞ. The area around the base will ďĞƐŝnjĞĚĂƉƉƌŽƉƌŝĂƚĞůLJ͘
ƉƉƌĂŝƐĞĚsĂůƵĞ͗ $250,000 - $300,000.
/ƐƚŚĞƌƚǁŽƌŬ
Commissioned?
Yes. To be commissioned by the San Clemente Lifeguard & Junior Guard &ŽƵŶĚĂƟŽŶ͘
/ƐƚŚĞƌƚǁŽƌŬŽŶĂƚĞĚ͍ Yes. The artwork will be donated to the City. /ĨŽŵŵŝƐƐŝŽŶĞĚ͕WůĞĂƐĞ
WƌŽǀŝĚĞƚŚĞƌƟƐƚƐSC
ƵƐŝŶĞƐƐ>ŝĐĞŶƐĞη
/ĨƌĞƋƵŝƌĞĚ͕ƚŚĞĂƌƟƐƚǁŝůůĂĐƋƵŝƌĞĂŶĚƉƌŽǀŝĚĞƚŚŝƐŽŶĐĞƚŚĞ ĨŽƵŶĚĂƟŽŶ͛Ɛ ĂƉƉůŝĐĂƟŽŶŝƐĂƉƉƌŽǀĞĚ͕ƉƌŝŽƌƚŽĐŽŵŵĞŶĐĞŵĞŶƚŽĨǁŽƌŬ͘ 196
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City of San Clemente
Beaches, Parks and Recreation Department
100 N. Calle Seville, San Clemente, California 92672
Phone: (949) 361-8264 | Fax: (949) 361-8280

ART ON CITY-OWNED PROPERTY

PROCEDURE & APPLICATION
An important source of public art is that which is privately funded, but located in a public place. Usually, such works are commissioned by an individual, a group of individuals, a non-profit organization or a business or corporation. All interested parties must proceed through the following process.

SUBMITTAL OF PROPOSAL
All proposals for privately funded public art placed on City property must be submitted by using the Art on City-Owned Property Application. The form must be accompanied by drawings, models, photographs or any other graphic depiction that will help to clearly define the artwork. All proposals must be for original works of art and refrain from the use of any copyrighted or trademarked images. Applications should be submitted to the Recreation Division with attention the Recreation Manager.

EVALUATION & APPROVAL OF PROPOSAL
Evaluation Process
Once the proposal is received by the Recreation Manager, it will be reviewed within 4-6 weeks. The Manager will evaluate the project based on the guidelines below and may make suggestions for improvements before proceeding forward through the remainder of the process.

Evaluation Guidelines
Project concepts will be evaluated based on, but not limited to, the following criteria:
• Understanding of the work that may be required by the City (ie. possible preparation of site) • Evaluation of artistic excellence related to the art theme and concept • Appropriateness of scale, form, material, content and design relative to the site • Relationship to the social, cultural and/or historical identity of the site • Compatibility and enhancement of the surrounding community • Appropriateness of proposed materials in regards to structural and surface integrity, public safety, potential weathering, and its protection against vandalism • Ease of long-term maintenance
• Any relevant experience in working on comparable projects • Projects proposed for areas of high historical sensitivity, such as the Ole Hanson Beach Club and surrounding area, should be given the closest possible scrutiny to determine if the project would be an enhancement to the area
Approval Process
Once a privately funded project is recommended for placement on City-owned property, it will be reviewed by the City departments and advisory bodies listed below. The Recreation Manager acts as the project manager for all projects and is responsible for guiding the requesting agent/agency through the following approval stages.

1. Recreation Manager receives and reviews the proposed project to assure that it complies with the preliminary guidelines listed above.

2. Public Works Director or his/her designee reviews the proposal to assure:

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a. that the artwork's placement will not create undue difficulties for maintenance of the surrounding area, and
b. that the proposed materials are durable and will not create significant maintenance problems for the artwork itself.

3. Public Notice is displayed at the site being requested. The notice will remain in effect for 30 days, affording the general community and surrounding neighborhood an opportunity to understand the project that is being considered. Notice will also be delivered through the press media, City social media networks, and by display on the City website.

4. Design Review Subcommittee reviews the proposal to assure that it abides by any possible architectural overlays or other related restrictions that maybe affected by the project.

5. Beaches, Parks and Recreation Commission reviews and provides recommendation to Council on how to procced.

6. City Council makes additional recommendations and/or approves the concept and authorizes execution of the project.

Appeal Process
If the proposal is rejected at any stage, the requesting agent or agency has the right to appeal this decision to the City Council. The findings and rationale for rejecting the project will be made available to the Council when considering the appeal.

LABELING OF ARTWORK
Standard Plaque
The donor is directed to purchase and install a plaque for the artwork or the Recreation Manager may seek approval from Council to use public funds for the plaque. If the donor wishes to purchase and install the plaque, the following standard format must be used:
• Title of artwork
• Artist’s name
• Date of completion
• Material(s) used (optional)
• Short explanation of work (optional)
Deviation from Standard Plaque
All requests to deviate from the standard plaque are made to the Recreation Manager.

FINAL ACCEPTANCE
Maintenance. The Recreation Manager provides the Public Works Department with a Public Art Maintenance Record form. See details regarding routine maintenance and scheduling in the section of this document titled ‘Maintenance and Repair’, this includes estimated lifespan of artwork.

Inspection and Acceptance. All donated projects on public property must have final inspection approval by the City's Public Works Department and the Recreation Manager. A formal letter of acceptance will be completed and delivered.

Ownership. Upon completion, the artwork becomes the property of the City of San Clemente. See details regarding routine maintenance and scheduling in the section of this document titled ‘City’s Right of Ownership’.

DEDICATION OF ARTWORK
Once installation is complete, the Recreation Division organizes a dedication ceremony that formally presents the piece to the community, recognizing the artistic efforts of the artist and/or organization(s). 203
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INSURANCE REQUIREMENTS
The City’s Risk Manager will be consulted to determine the appropriate type and level of insurance that may be required to carry by an artist during the time the artwork is being installed.

Once artwork is formally accepted, the City assumes responsibility and liability for the art and insurance will not be required.

AGREEMENT/CONTRACT PREPARATION
Upon conceptual approval of the project by the City Council, the artist and/or requesting organization and the City will sign a contract establishing the terms of the proposed installation of public art in the designated public place. This contract will define responsibilities of both parties and will include insurance requirements, terms of installation, and other terms as may be deemed necessary through legal review. This contract can vary based on each individual project that is proposed and approved.

MAINTENANCE AND REPAIRS
Like all City facilities, public art requires maintenance and occasional repairs. The City's guidelines encourage artwork requiring "little or no maintenance", however artwork will vary in the amount of maintenance required, resistance to vandalism, and ease of repair. Maintenance shall be comprised of the following:
• Maintenance Record Form
It is essential that the artist and the City be clear about maintenance expectations from project initiation. Prior to final acceptance of the artwork, the Recreation Manager ensures that the artist has completed a Public Art Maintenance Record Form. The original copy of the form is kept by the Recreation Manager and a copy is forwarded to the Public Works Department. • Maintenance Responsibility
The Public Works Department is responsible for maintaining City facilities, and this includes all City-owned public art. A list that identifies which Public Works Department division is responsible for the maintenance of a particular piece of public art is available from the City’s Public Art Manager.
• Types of Maintenance. The City is responsible for:
o Routine Maintenance. Such maintenance may include trash and graffiti removal, cleaning, waxing, and/or minor landscaping. Frequency will vary by type of artwork, but bi-weekly or monthly checks by maintenance staff during the normal course of their rounds would be typical.
o Cyclical Maintenance. Cyclical maintenance is done at regular, but much less frequent intervals. It involves more extensive treatment such as inspection and surface applications of protective coatings (e.g. repainting). Because this work could significantly affect the appearance and longevity of the artwork, it may require special knowledge or skills. Before proceeding with the work, staff should either:
 Consult the artwork's Maintenance Record Form for specific procedures, or  Consult the artist or other art professional on use of cleaning compounds, paints, solvents, and surface coatings.
o Repair and Restoration. This involves the treatment of damaged or deteriorated artworks to return them to as close to their original appearance as possible. Extreme care must be used to maintain the artistic integrity of the artwork. The repairs must preserve the artist's intent in both design and materials. In many cases, such repairs require the involvement of the original artist, or if that is not possible, an art conservator trained in art restoration.

Again, the artwork's Maintenance Record Form, prepared by the artist prior to final City acceptance of the artwork, gives some guidance on this issue. In many cases restoration 204
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to original condition is not practical or achievable. The City will take the best possible care to maintain the artistic integrity of artwork.

CITY’S RIGHT OF OWNERSHIP
Upon completion of artwork, the City assumes complete ownership of artwork installed in or around City owned properties. The City may adhere to the following standards:
• Relocation, Alteration or Removal
Over time City-owned artworks may need to be relocated, altered, or removed from public display.

Reasons for such changes could be as follows:
o significant changes occur in the design or function of the site or facility where the artwork is located;
o to avoid damage to the artwork, e.g. during construction activities or as a result of vandalism, war or civil unrest, natural disasters, and environmental pollution; o to allow repairs or restoration that could not be effectively done in place; o supporting structure is no longer in fair condition, is deemed unsafe, and/or will require repairs beyond normal wear and tear; or
o to improve public health, safety or welfare.

As necessary as removal or relocation may seem, it should be undertaken only after careful consideration. Artworks are usually created for a specific location, and changes may not be consistent with either the City's or the artist's original intent. To ensure that all parties' needs and rights are considered, City Manager approval must be secured for the relocation, alteration, or removal of permanent, city-owned artworks.

Contract language on relocation, alteration or removal ensures that:
o The artist's contract clearly acknowledges the City's rights to relocate, alter or remove the artwork, with or without special conditions requiring written notice to the artist, prior artist permission, arbitration in the event of a dispute, or other provisions; o The City has the permanent addresses and phone numbers of the artist and/or organization of at least one responsible party who can be contacted regarding relocation, alteration or removal. It is the responsibility of the artist to keep this information current. • Approximate Lifespan
The lifespan of artwork can vary based on original application and unforeseen maintenance challenges. It is estimated that the approximate lifespan for coastal zone locations is 10 years and the approximate lifespan for inland location is 15 years.

Please retain this packet of information for your records throughout the art planning process. 205
City of San Clemente Art on City-Owned Property Application Pg. 1 of 2 City of San Clemente
Beaches, Parks and Recreation Department
100 N. Calle Seville, San Clemente, California 92672
Phone: (949) 361-8264 | Fax: (949) 361-8280

ART ON CITY-OWNED PROPERTY APPLICATION
Please review the procedure guidelines before completing this application. The donor/owner must complete and sign this application form. If the donor/owner is not the artist who created the artwork, the artist must also sign this Application below. In order to process your application as quickly as possible, the application must be submitted to the Recreation Division in complete form. Incomplete applications will be delayed in the review process and are grounds for denial.

APPLICANT INFORMATION
Donor/Organization Name:

Primary Contact: Phone:

E-mail Address:

Mailing Address:

Non-Profit ID #: SC Business License #:

ARTWORK INFORMATION
Title of Artwork:

Artist Name/Company:

E-mail Address: Phone:

Mailing Address:

Proposed Location:

Description of Work:
(Attach additional
drawings, models,
photographs or other
graphic depiction
which will help more
clearly define the
artwork)
Goal of the
artwork/significance to
the community:

Materials/Medium: Dimensions:

Appraised Value:

Is the artwork commissioned? ☐ Yes ☐ No Is the artwork donated? ☐ Yes ☐ No If commissioned, please provide the artist’s SC Business License #:
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City of San Clemente Art on City-Owned Property Application Pg. 2 of 2

ACKNOWLEDGEMENT OF APPLICATION AND EXPECTATIONS
By signing this Application below and in consideration for participating in the City’s Art on City-Owned Property program, the artist/owner acknowledges and understands that upon completion and installation of the artwork, and upon its acceptance by the City Council, the work shall become the property of the City of the San Clemente. The City retains the right to remove or relocate the artwork in its sole discretion as the interest of the public welfare, health and safety may require.

If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature, the City retains the right to remove, restore, repair or replace the artwork at any time in keeping with the artist’s original design intent, without consulting the artist, or his or her heirs or assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise or assist in any restoration work.

I have read, understand and accept the terms herein and represent that I am the______________________ of the artwork which is the subject of this Application.

Print Name Signature Date
I have read, understand and accept the terms herein and represent that I am the______________________ of the artwork which is the subject of this Application.

Print Name Signature Date
Please make a copy of the application for yourself, prior to submitting it to the Recreation Division. Your application will be circulated to all additional approval bodies and required City departments.

SUBMISSION CHECKLIST
□ Application
□ Copy of City of San Clemente Business License (plus, artist’s if applicable) □ Photo of proposed location
□ Design Concept & Drawings
Please submit this application to the City of San Clemente Recreation Division by email at [email protected] or mail to 100 N. Calle Seville, San Clemente 92672. For questions, please contact Recreation at (949) 361-8264.
(owner, artist, or owner/artist)
(owner, artist, or owner/artist)
207
San Clemente Chamber of Commerce | 1231 Puerta Del Sol, Suite 200, San Clemente, CA 92673 | (949) 492-1131 | scchamber.com We have met with the Foundation and have reviewed their proposal and are convinced that the proposed sculpture will be a magnificent addition to our community. We wholeheartedly support the proposed sculpture and recommend that the City Council approve the Foundation’s proposal when it comes before them for consideration.

Sincerely,
Isaac Camacho
Chairman of the Board
San Clemente Chamber of Commerce
Cc:

Victor Cabral, [email protected]
Chris Duncan, [email protected]
Mark Enmeier, [email protected]
Rick Loeffler, [email protected]
Steve Knoblock, [email protected]
Attachment 4
208
“Forward with the Dream”
PO Box 283 San Clemente, CA 92674
June 2024
Dear Council Members and Citizens of San Clemente,
On behalf of the San Clemente Historical Society, I am writing to express our enthusiastic support for the new bronze statue “The Rescue” being proposed for Parque Del Mar. We are delighted to see this initiative spearheaded by the San Clemente Lifeguard & Junior Guard Foundation, as it aligns with our shared mission of preserving and honoring the rich heritage of our community.

Our lifeguards have long been an integral part of San Clemente's history, safeguarding our beaches and ensuring the safety of countless residents and visitors. This statue will not only serve as a tribute to their dedication and bravery but also stand as a symbol of our town's enduring connection to the ocean and beach culture.

The San Clemente Historical Society believes that this statue will enhance the cultural and historical significance of our park, providing a focal point for both education and reflection. It is a wonderful opportunity to celebrate the contributions of our lifeguards and to inspire future generations with their stories of heroism and service.

We commend the San Clemente Lifeguard & Junior Guard Foundation for their vision and commitment to this project. Please know that the San Clemente Historical Society is fully supportive of all efforts to ensure the successful realization of this meaningful tribute. We look forward to seeing the statue become a cherished landmark in our community.

Respectfully,
Katie Potts, President
San Clemente Historical Society
209
210
Friends of San Clemente Foundation
PO Box 73014 San Clemente, CA 92673
ID#33-0952861
Friends of San Clemente Beaches, Parks &
Recreation Foundation

June 11, 2024
To Whom it May Concern
The Friends of San Clemente heartily endorse the San Clemente Lifeguards and Junior Lifeguards Foundation Association in their effort to install a statue of lifeguards on the bluff overlooking the Pier.

As a group who support the parks and recreation in our city, we believe this will be an appropriate addition to the Pier Bowl area and is in keeping with the long and vaunted tradition of lifeguarding our city has provided. It will bring pride and enjoyment for the community and create a fine landmark representing one of our finest features – our beautiful beaches and the men and women who keep them safe for both locals and visitors alike.

Additionally, this will be a reminder of the service these lifeguards bring and a sign of respect that will emanate out to everyone who uses these amenities.

We hope this project will become a reality and the FOSC will support these efforts however we can.

It is both deserving and inspirational.

Respectfully,
The Friends of San Clemente Foundation
211

June 28, 2024
Dear San Clemente City Council
On behalf of the San Clemente Boardriders Club we would like to o@er our support for the San Clemente Lifeguard & Junior Guard Foundation’s proposal to install “The Rescue” sculpture at the Parque Del Mar.

Our Club members are known worldwide as ambassadors of surfing for the City of San Clemente. Most of our members began their ocean training in the Junior Guards program and many have gone on and are currently serving as State and City Lifeguards for San Clemente. We feel that “The Rescue” sculpture proudly represents the long tradition of lifeguarding in our community while also acting as an educational tool for the many visitors and beachgoers.

It is our hope that the City Council will approve the Foundation’s proposal that has the endorsement of all the members of the San Clemente Boardriders Club.

Sincerely
San Clemente Boardriders Club
Benji Severson – President
Frankie D’Andrea – Co Founder
212
213
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: September 3, 2024 Agenda Item: (1)
214

CITY OF SAN CLEMENTE
Tuesday, August 20, 2024 5:00 PM
City Council
Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

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

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

CLOSED SESSION
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to recess to Closed Session at 5:00 p.m. to discuss the following:

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION

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.

2. Gene James v. City of San Clemente, Orange County Superior Court Case No. 30-2024-0143140-CU-OE-CJC.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 5:50 p.m.

BUSINESS MEETING
The Regular Business meeting reconvened at 6:00 p.m. with all Councilmembers present.