San Clemente City Council
October 15, 2024

Sec. 15-818. Purpose.

The city finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this article is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-819 Definitions.

For purposes of this article the following definitions apply:

Certified famers' market means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

City means the City of Fontana.

Director means the management services director or his or her designee.

Fixed location means any location at which a sidewalk vendor is located for more time than is necessary to complete a transaction.

Immediate vicinity means the lot on which the subject activity is occurring, or with respect to activities occurring within the public right of way, the area within 100 feet from the outer border of the subject right of way.

Other pedestrian path means a paved path owned by the city and held open for pedestrian travel that provides public access between two points and contains a minimum of 14 feet of width that is other than a sidewalk.

Park means a public park owned or operated by the city.

Roaming sidewalk vendor means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

Sidewalk means that portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation, specifically designed for pedestrian travel that is owned in fee or held as an easement by the city or other public entity.

Sidewalk vendor means a person who sells, offers to sell, operates, engages in or carries on a food or merchandise vending business from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other public pedestrian path.

Stationary sidewalk vendor means a sidewalk vendor who vends from a fixed location.

Swap meet means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

Attachment 2
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Temporary special permit means a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. Without limiting the nature of the foregoing, the following permits shall be deemed to be temporary special permits, when issued for such any of the foregoing locations: food truck event permit (section 15-928) and temporary use permit (section 30-89). (Ord. No. 1789, § 5, 2-12-19; Ord. No. 1822, § 2, 2-25-20) Sec. 15-820. Permits required.
(a) All sidewalk vendors shall obtain a sidewalk vending permit from the city's business license department prior to engaging in any sidewalk vending activities. All of the following information shall be required:
(1) Name, current mailing address, and phone number of the vendor, any person(s) who will be in charge of any sidewalk vending and/or be responsible for the person(s) working at the sidewalk vending location, and any person(s) that will be employed as roaming sidewalk vendors. (2) A description of the merchandise/goods to be offered for sale or exchange. (3) The days and hours of operation.
(4) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(5) A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor, which notes that the city is a location or sub-location, which permit shall be maintained for the duration of the vendor's permit. (6) If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(7) Any one of the following: the vendor's social security card with the number, the vendor's California driver's license number, California identification number, or the vendor's taxpayer identification number. Any such identification number(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit program or comply with a state law or state or federal court order. (8) If preparing or selling food, a copy of the county health department health permit issued to the vendor and, if applicable, to the transport vehicle.
(9) For stationary sidewalk vendors, a site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 36 inches of accessible route area, in compliance with the Americans with Disabilities Act, which site plan shall be approved by the planning division in consultation with the engineering department. (10) For stationary sidewalk vendors, a public liability policy, including products liability insurance, issued by an insurance company approved by the city with limits of $1,000,000.00 each person, $2,000,000.00 each occurrence for personal and $1,000,000.00 each occurrence for property damage, or equivalent cash, certified check or cashier's check, in favor of the city, to insure the city against any and all liability of every nature whatsoever connected directly or indirectly with the applicant's activities. All insurance companies affording coverage shall be required to add the city as an additional insured under their insurance policy. A copy of the policy endorsement shall be provided to the city. A certificate of insurance, providing evidence of coverage in compliance with this article shall be supplied to the city prior to issuance of the permit.
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(11) If the sidewalk vendor will be selling food, a statement as to whether the food will be prepared on site, whether such food will require a heating element inside or on the sidewalk vending receptacle for food preparation, and the type of heating element.
(12) An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state and federal laws.
(13) A certification that, to the applicant's knowledge and belief, the information contained in the application is true.
(14) An agreement by the vendor to defend, indemnify, release, and hold harmless the city, its city council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever that may arise from or in any manner relate (directly or indirectly) to the permit or the vendor's sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the city, any costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action or proceeding whether incurred by the permittee, city and/or the parties initiating or bringing such proceeding. (15) An acknowledgment by the vendor that the use of public property is at the vendor's own risk, that the city does not undertake any steps to ensure public property is safe or conducive to sidewalk vending activities, and the sidewalk vendor uses public property at his/her own risk. (16) An acknowledgement by the vendor that the vendor will obtain and maintain throughout the duration of any permit issued under this chapter any insurance required by this chapter. (17) Proof of payment of the applicable business license tax. (18) Any other relevant information required by the director. (b) Prior to the issuance of a sidewalk vendor permit, the applicant shall cause to be filed with the director a LiveScan background check conducted by the California Department of Justice within the previous six months of the application date. The director shall furnish each applicant with a LiveScan request form for use at any LiveScan vendor location.
(c) At the time the application or renewal application is filed, the applicant shall pay a nonrefundable permit processing fee, which fee may be established and amended from time to time by resolution or motion of the city council.
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-821. Review of permit application; decision.
(a) Upon receipt of a properly completed and filed sidewalk vendor permit application, receipt of an acceptable LiveScan report issued by the department of justice, and payment of the applicable permit processing fee, the director shall conduct a preliminary investigation to determine compliance with this article and shall make such determination within no more than 30 days following such receipt to approve or deny the application. The director shall provide the applicant with written notice of his or her decision to the address indicated in the application.
(b) The director may deny an application for a permit if he or she makes any of the following findings:
(1) The applicant has failed to pay the application permit fee. (2) The applicant has made one or more material misstatements in the application for a permit. 2218
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(3) The applicant does not have a valid social security card, valid California driver's license, California identification number, or valid individual taxpayer identification number, or municipal identification number.
(4) The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this article.
(5) The applicant is required to register under the provisions of California Penal Code Section 290. (6) Within three years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three years of the date of the application. (7) It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage. (c) If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form. (d) If the director approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant. (e) Exemptions. A sidewalk vending permit shall not be required for the following activities:
(1) The sale of agriculture products on the site where the product is grown. (2) Catering for private parties held exclusively on private property and not open to the general public. (3) Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a certified farmers' market, swap meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
(f) Term of permit. A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit. Renewal applications must be submitted 30 days prior to expiration of the permit. (g) Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-822. Stationary sidewalk vending locations and standards. (a) Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the city, including, the residential estates (R-E), single-family residential (R-1), medium-density residential (R-2), multiple-family residential (R-3), multiple-family medium/high density residential (R-4), multiple-family high density residential (R-5), residential planned community (R-PC), and any zone within any specific plan that permits residential uses.
(b) Stationary sidewalk vendors may operate in non-residential zones of the city, including mixed use zones, provided they meet all of the following:
(1) The sidewalk vendor is duly licensed and meets all requirements of section 15-820; and 2229
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(2) The sidewalk vendor can set up their vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and (3) Sidewalk vending hours shall be conducted only between the hours of 8:00 a.m. and 9:00 p.m. of every day; and
(4) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and (5) The sidewalk vendor location does not block any entrance to any building, driveway, parking space or building window; and
(6) No vending shall occur within ten feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and (7) The sidewalk vendor shall not solicit in violation of section 15-819 of this Code; and (8) No fences, balloons, flags, banners, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and
(9) The vendor shall not attach or use any water line, electrical line, or gas line during vending operations; and
(10) Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and
(11) No vending shall occur within the immediate vicinity of an event held pursuant to a temporary special permit for the duration of the special event, and within one-half hour before and one-half hour after the time such event is taking place; and
(12) No sound amplification equipment, music or live entertainment may be used in conjunction with any sidewalk vendor sales.
(13) One canopy with a maximum size of four feet by four feet is permitted; however; in no case may the canopy block the required 36-inch path of travel. One table not to exceed six feet in width may be permitted along with two chairs.
(Ord. No. 1789, § 5, 2-12-19; Ord. No. 1822, § 2, 2-25-20) Sec. 15-823. Sidewalk vending—Parks and certified farmer's markets. (a) Sidewalk vending of food or merchandise by roaming or stationary vendors shall be prohibited in any city park when the city or operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire or within the immediate vicinity of a permitted certified farmer's market or a permitted swap meet during the operating hours of that certified farmer's market or swap meet.
(b) Subject to the standards contained in section 15-822(b), sidewalk vendors may operate in city parks provided they meet the following:
(1) The sidewalk vendor is duly licensed and meets all requirements of section 15-820; and (2) For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of 36 inches of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and
(3) The sidewalk vendor shall cease operations one hour prior to the close of the park. City parks are closed between the hours of 10:00 p.m. and 7:00 a.m.; and (4) The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and 22310
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(5) The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and
(6) No vending shall occur within the immediate vicinity of an event held pursuant to a temporary event permit; and
(7) Only roaming sidewalk vendors shall be allowed in city parks with no concession stand operated by a vendor under exclusive contract with the city; and
(8) No sound amplification equipment, music or live entertainment may be used in conjunction with any sidewalk vendor sales in or near city parks and certified farmers' markets; and (9) No fences, balloons, flags, banners, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and
(10) No sidewalk vending shall be allowed in, on or along the Pacific Electric Trail; and (11) One canopy with a maximum size of four feet by four feet is permitted; however; in no case may the canopy block the required 36-inch path of travel. One table not to exceed six feet in width may be permitted along with two chairs.
(Ord. No. 1789, § 5, 2-12-19; Ord. No. 1822, § 2, 2-25-20) Sec. 15-824. Roaming sidewalk vending.
(a) Roaming sidewalk vendors shall meet all of the following requirements:
(1) The sidewalk vendor is duly licensed and meets all requirements of section 15-820; and (2) Sidewalk vending hours for residential zones shall be conducted between the hours of 9:00 a.m. and 8:00 p.m.; and
(3) In nonresidential zones, sidewalk vending shall be conducted at any time during which any other business or use on the same street may lawfully operate. For purposes of the foregoing, "the same street" shall mean that portion of the street on which the sidewalk vending is occurring, and extending in both directions to the nearest intersections in each direction; and (4) The sidewalk vendor maintains the temporary vending area in a clean, orderly, and sanitary condition; and
(5) The sidewalk vendor does not block any entrance to any building, driveway, parking space, or building window; and
(6) The sidewalk vendor does not conduct sales from a public street, including the median portion of any street; and
(7) The sidewalk vendor does not solicit in violation of section 15-819 of this Code; and (8) No vending shall occur within the immediate vicinity of a certified farmers' market, a swap meet, or an event held pursuant to a temporary event permit; and
(9) No sound amplification equipment, music or live entertainment may be used in conjunction with any sidewalk vendor activity;
(10) No tables, chairs, fences, shade structures, balloons, flags, banners, on-site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities. (11) The sidewalk vendor must not violate any county health requirements (i.e., may not sell food prepared on site, food requiring refrigeration, or unpackaged and/or opened food; all food and drinks must 22411
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come from an approved source or from a facility permitted with the county environmental health services).
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-825. Suspension; rescission.
(a) A sidewalk vendor permit issued under this article may be temporarily suspended or permanently rescinded, at the director's discretion, by the director after two or more violations of this article at the director's discretion, for any of the following causes:
(1) Fraud or misrepresentation in the course of vending; (2) Fraud or misrepresentation in the application for the permit; (3) Vending in violation of any one or more of the provisions of this article; (4) Vending in a manner that creates a public nuisance or constitutes a danger to the public; or (5) Failure to pay the applicable business license tax. (b) Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address. (c) No person whose sidewalk vending permit has been rescinded pursuant to this article shall be issued a sidewalk vending permit for a period of two years following the date revocation becomes final. (Ord. No. 1789, § 5, 2-12-19)
Sec. 15-826. Appeals to city manager.

In the event that any applicant or permittee desires to appeal from any decision, suspension, rescission, or other action of the director made under the provisions of this article, such applicant or any other person aggrieved shall have the right to appeal such action or decision to the city manager within 15 days after the notice of the action or decision has been mailed to the person's address as shown on the permit application. An appeal shall be taken by filing with the city clerk a written appeal statement setting forth the grounds for the appeal, along with the city's appeal fee, which shall be established by city council resolution. The filing of the appeal shall stay the enforcement of any decision suspending or rescinding the permit. The city clerk shall transmit the written statement to the city manager within ten days following its filing and payment of the appeal fee, and the city manager shall set a time and place for a hearing on appeal. A hearing shall be set not later than 60 days from the date of filing of the applicant's written appeal statement with the police department. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of suspension or rescission at least five days prior to the date set for the hearing. At the hearing, the permittee and the city shall be entitled to legal representation and may present relevant evidence, testify under oath, and call witnesses who shall testify under oath. The city manager shall not be bound by the traditional rules of evidence in a hearing, except that hearsay evidence may not be the sole basis for the decision of the city manager. The city manager may continue the hearing as deemed necessary. The decision of the city manager, or his or her designee, on the appeal shall be final and binding on all parties concerned. (Ord. No. 1789, § 5, 2-12-19)
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Sec. 15-827. Penalties.
(a) It is unlawful for any person to violate any provision or fail to comply with any requirements of this article. A violation of this article shall by punished by:
(1) An administrative fine not exceeding $100.00 for a first violation. (2) An administrative fine not exceeding $200.00 for a second violation within one year of the first violation.
(3) An administrative fine not exceeding $500.00 for each additional violation within one year of the first violation.
(b) A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (a), set forth above, be punished by:
(1) An administrative fine not exceeding $250.00 for a first violation. (2) An administrative fine not exceeding $500.00 for a second violation within one year of the first violation.
(3) An administrative fine not exceeding $1,000.00 for each additional violation within one year of the first violation.
(c) If an individual is subject to subsection (b), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the city, the administrative fines set forth in this article shall be reduced to the administrative fines set forth in subsection (a), respectively. (d) The proceeds of any administrative fines assessed pursuant to this article shall be deposited in the treasury of the city.
(e) Failure to pay an administrative fine assessed under this article shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this article shall not be assessed.
(f) Any violation of this article shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this article shall not be subject to arrest except when otherwise permitted under law.
(g) When assessing an administrative fine pursuant to this article, the adjudicator shall take into consideration the person's ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(1) If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the city shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this section.
(2) The city may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (h) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under Senate Bill 946 had Senate Bill 946 been in effect at the time of the offense, may petition the court for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. 22613
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(i) Nothing contained herein shall be construed to impede the county's or city's ability to enforce county health department codes and regulations.
(Ord. No. 1789, § 5, 2-12-19)
Sec. 15-828. Seizure of evidence.

In accordance with applicable rules and regulations, any peace officer or code enforcement officer is authorized to seize as evidence any item used in the commission of a violation of any provision of this article.

Seized items shall be removed and stored in accordance with law. (Ord. No. 1789, § 5, 2-12-19)
Sec. 15-829. Impoundment.
(a) Impound means to seize or take custody of a sidewalk vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "Items") because of a violation of any applicable law or regulation.
(b) Impoundment authorization. Any city official, including a code compliance officer or inspector, police officer, firefighter, fire prevention specialist, or examiner may impound a sidewalk vendor's vending cart, equipment, food, utensils, goods, flowers, toys, furniture, or merchandise (collectively "items") used in violation of this article pursuant to the provisions of Section 2080.10 of the California Civil Code, Section 114393 of the California Health and Safety Code, and/or any other applicable city, county, or state law for any of the following reasons:
(1) Food displayed, offered, or made available for sale, including equipment or utensils used by a sidewalk vendor, without holding a valid and displayed health permit from the San Bernardino County Health Department in violation of county or state law.
(2) Items reasonably appear to be unattended or abandoned on public or private property for more than 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first 50 feet of the items. (3) Items displayed, offered, or made available for sale by a sidewalk vendor who does not possess a valid applicable sidewalk vending permit and a city business license. (4) Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this article; and refuses or fails to provide identification. (5) Operation in violation of this article and refusal or failure by a sidewalk vendor to remove items from public or private property within 30 consecutive minutes after being instructed to do so by a city official.
(6) Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of 48 inches of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices, and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards.
(7) Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or city laws, ordinances, and regulations, including, but not limited to, illegal or counterfeit 22714
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merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals.
(8) Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease, or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights, or any other animated devices or sign; or using, operating, or permitting any radio, loudspeaker, or other machine or device for the producing or reproducing of sound.
(9) Items displayed, offered, or made available for sale by a sidewalk vendor who has, within a 24-month period, been issued three or more administrative citations for violations of this article. (10) Items impounded as evidence of a crime or booked as property after an arrest of any sidewalk vendor involving any city, county, state, or federal law or regulation excluding this article. Such items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable state law.
(c) Forfeiture impoundment authorization for repeat offenders. The city may immediately conduct a forfeiture impoundment of items from a sidewalk vendor who has been found responsible for engaging in sidewalk vending activities in violation of this article two or more times within a 24-month period (herein identified as a repeat offender) after being contacted by a city official who issued a notice of violation. An aggrieved repeat offender may appeal a city forfeiture impoundment action pursuant to the procedures set forth in this section.
(d) Disposal authorization. The city may immediately dispose of impounded items that are perishable and/or cannot be safely stored.
(e) Impoundment period of items held by city. The impoundment of any sidewalk vendor's items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, may be held by the city for not less than 30, nor more than 60, calendars days from the date of impoundment.
(f) Impoundment notification. Upon impoundment of items under this section, the director or designee shall do all the following:
(1) Take responsibility for the storage, documentation, and disposition of the items excluding any Items that were immediately disposed of because they were perishable and/or could not be safely stored. (2) Provide the person from whom the items were taken with a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. The receipt and instructions shall either be given to the person from whom the items were taken at the time the city official obtained the items or mailed on the next business day, by first class mail, to the person from whom the items were taken. (3) If the city official has knowledge that the person from whom the items were taken is not the owner, the director or designee shall make reasonable efforts to identify the owner. If the owner is identified, the director or designee shall mail, by first class mail, a receipt and instructions for the retrieval of the items excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.
a. The receipt and instructions shall notify the person from whom the items were taken that the items must be claimed either within (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment 22815
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pursuant to Section 2080.10 of the California Civil Code, and that if the items are not claimed within the applicable time, the items will be disposed of in accordance with the disposal provisions of this section or any other applicable county or state law. Within the applicable 30 or 60 calendar days, the person may do one of the following.

1. Retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

2. Authorize in writing another person to retrieve the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored.

3. Notify the city in writing that they are unable to retrieve the items because they are in custody (e.g., jail or prison) and request the city to hold the items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored. If a person notifies the city that they are unable to either retrieve the items within the applicable 30 or 60 calendar days, or have an authorized person retrieve the items, the city shall hold the items for not longer than ten additional months, after which time the city may dispose of the items in accordance with the disposal provisions of this Code or any other applicable county or state law.
b. Pursuant to state law, the city shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this article.
(g) Appeal of impoundment. An aggrieved sidewalk vendor may, within 15 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before the city manager or the city manager's designee pursuant to the procedures described in section 15-826 of this article and, if successful in their appeal, may have their Items returned, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored and shall not be required to pay the impound fee(s). If the sidewalk vendor is successful on appeal, any appeal fee paid by the sidewalk vendor shall be refunded.
(h) Recovery of impounded items and payment of impound fees. A sidewalk vendor may recover impounded items, excluding any items that were immediately disposed of because they were perishable and/or could not be safely stored, upon paying applicable impound fees and demonstrating proper proof of ownership of the items.
(i) The city council may by resolution adopt impound fees, which shall reflect the city's personnel, enforcement, investigation, storage, disposal, and impound costs.
(j) Unclaimed items. Any unclaimed items will be considered abandoned and forfeited to the city after (A) 30 calendar days of impoundment pursuant to Section 114393 of the California Health and Safety Code and/or (B) 60 calendar days of impoundment pursuant to Section 2080.10 of the California Civil Code, or any other applicable city, county, or state law.
(k) The director is further authorized to develop additional regulations for the storage and release of impounded items not in conflict with this article.
(Ord. No. 1925, § 3, 10-24-23)
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Title 5 - REGULATION OF BUSINESSES, TRADES AND PROFESSIONS CHAPTER 5.73 SIDEWALK VENDORS
Long Beach, California, Municipal Code Created: 2024-06-10 14:17:07 [EST] (Supp. No. 46, Update 1)

CHAPTER 5.73 SIDEWALK VENDORS
DIVISION I. PURPOSE AND DEFINITIONS

5.73.010 Purpose.

The purpose of this Chapter is to establish a sidewalk vendor regulatory program. The provisions of this Chapter allow the City to encourage entrepreneurship and economic development opportunities to low-income and immigrant communities while protecting the public's health, safety and welfare; the City's natural resources and recreational opportunities; and the natural character of areas zoned as parks. (ORD-24-0002 § 1, 2024)

5.73.020 Definitions.

If a term or phrase is not defined in this Chapter, or elsewhere in this Code, the most common dictionary definition is presumed to be correct. For the purposes of this Chapter, the following terms and phrases shall have the meanings respectively ascribed to them in this Section unless, from the particular context, it clearly appears that some other meaning is intended.

A. "Above ground structure" means any structure permanently affixed to a public sidewalk or other pedestrian path, including, but not limited to, public benches, bicycle racks, fences, fire hydrants, gates, mailboxes, parking meters, sign poles, street lights, traffic signal poles, tree wells, utility boxes, and utility poles.

B. "Beach access point" means those identified in the coastal access inventory prepared and updated pursuant to Section 30531 of the Public Resources Code.

C. "Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code.

D. "Curb" means the edge where a raised sidewalk or other pedestrian path meets a street or other roadway.

E. "City" means the City of Long Beach.

F. "Food" means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

G. "Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. Highway includes street.

H. "Merchandise" means any personal property, other than food, capable of manual delivery, displayed, held, or offered for retail sale by a vendor.

I. "Park" or "area zoned as a park" means any publicly owned natural and open areas for active and passive public use for recreational, cultural and community service activities, including but not limited to, spaces dedicated or designated as parks in Table 35-2 or any successor table or amendments to said table as set forth in Chapter 21.35 of this Code.

Attachment 3
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J. "Parklet" means a small area open to public use, utilizing one or more on-street parking spaces and may include adjacent public walkways or other right-of-way, that may combine elements including dining, entertainment, seating, planting, landscaping, lighting, shade, bicycle parking, and/or artwork, as permitted pursuant to Chapter 14.15 of this Code.

K. "Parkway" means the area between the sidewalks and the curb of any street, and where there is no sidewalk, that area between the edge of the roadway and the property line adjacent thereto. "Parkway" also includes any area within a roadway which is not open to vehicular travel. "Parkway" does not include street medians.

L. "Pedestrian path" means a path or walkway, including a sidewalk specifically designed for pedestrian travel. It does not include shared-use paths (e.g., paths designated for both bicycle and pedestrian travel).

M. "Person" means a natural person as well as an entity, company, partnership, corporation, association, organization, or any other legal entity or group, and includes the plural as well as the singular number.

N. "Private property" means any real property, parcel of land, or lot that has a separate certificate of title which is in private ownership or the subject of a lease or agreement with a person enabling its use for private purposes and includes any building or structure thereon. "Private property" includes real property owned by City that is leased to a private person.

O. "Residential" means any area zoned as a residential district in Title 21 of this Code.

P. "Sidewalk" means that portion of a highway, other than the roadway, set apart by curbs, barriers, concrete, markings or other delineation for pedestrian travel.

Q. "Sidewalk vending" means selling food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path, and all associated activities, including, but not limited to, set up or break down of equipment, and display or exposure of food or merchandise for immediate sale.

R. "Sidewalk vendor" means a person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

1. "Roaming sidewalk vendor" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

2. "Stationary sidewalk vendor"' means a sidewalk vendor who vends from a fixed location.

S. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, and any regulations adopted pursuant to that article.

T. "Temporary special permit" means a permit issued by the City for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts.
(ORD-24-0002 § 1, 2024)
DIVISION II. ADMINISTRATION
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5.73.030 License and permits required.

A. It is unlawful for any person to engage in, operate, conduct, carry on, or allow to be carried on, or otherwise engage in any sidewalk vending without having first met the following requirements:

1. The person has a valid business license pursuant to Chapter 3.80 of this Code;

2. The person has a valid sidewalk vendor business permit pursuant to the requirements of Title 5 of this Code, including the requirements in this Chapter; and

3. The person has a valid seller's permit applicable to sidewalk vending issued by the California Department of Tax and Fee Administration (CDTFA), to the extent required by law.

B. Additionally, it is unlawful to engage in, operate, conduct, carry on, or allow to be carried on, or otherwise engage in the sidewalk vending of food without also having first obtained a health permit from the City Department of Health and Human Services.

1. Exception: A sidewalk vendor with twenty-five (25) square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked produce is sold is not required to obtain a health permit.

C. Sidewalk vendor business and health permits are non-transferable. Any change in ownership or operation requires new permits.
(ORD-24-0002 § 1, 2024)

5.73.040 Sidewalk vendor business license.

Each sidewalk vendor is subject to and must comply with the provisions of Chapter 3.80 of this Code related to the City's business license tax. Notwithstanding the foregoing, every person who applies for a sidewalk vendor business license/permit within the first year of the effective date of this Chapter 5.73 of this Code shall not be subject to the business license tax imposed by Section 3.80.253 of this Code for the first year of the applicant's operation as a sidewalk vendor.
(ORD-24-0002 § 1, 2024)

5.73.050 Sidewalk vendor business permit - application and fees.

A. Each sidewalk vendor is subject to and must comply with Chapter 5.04 of this Code related to the administration of City business permits.

B. An application for a sidewalk vendor business permit shall be filed in compliance with Chapter 5.04 of this Code, using a form approved by the City for that purpose, and which shall be certified by the applicant that to the best of the applicant's knowledge, the information contained on the form is true. Applications shall contain, at a minimum, the following information:

1. Name and current mailing address of the applicant;

2. Description of the merchandise or food offered for sale;

3. CDTFA seller's permit number, to the extent required by law; and

4. If the applicant is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
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C. The applicant for a sidewalk vendor business permit is required to produce a social security number or alternative form of identification. Acceptable alternative forms of identification include a California driver's license or identification number, or an individual taxpayer identification number. The collected identification number shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit and licensure program, to comply with a state law, or to comply with state or federal court order.

D. Payment of the sidewalk vendor business license tax shall satisfy the fee for a sidewalk vendor business permit under Section 5.04.040 of this Code.

A sidewalk vendor business permit shall not be issued for sidewalk vending of food unless the vendor first obtains a valid City-issued health permit. Applicants intending to sell food must produce a valid City-issued health permit upon application for a sidewalk vendor business permit. (ORD-24-0002 § 1, 2024)

5.73.060 Sidewalk vendor business permit - investigation.

Every sidewalk vendor shall be subject to inspections to ensure compliance with this Code and any other applicable law.
(ORD-24-0002 § 1, 2024)

5.73.070 Sidewalk vendor business permit - term and renewal.

A sidewalk vendor business permit issued under the provisions of this Chapter shall be effective for a one (1) year period after issuance, and shall be automatically renewed every year upon payment of the required business license tax, provided the Director of Financial Management determines that the permitee has complied with the provisions of this Chapter and all applicable laws during the preceding permit term. (ORD-24-0002 § 1, 2024)

5.73.080 Sidewalk vendor business permit - cancellations, suspensions, revocations, denials, and appeals.

A. The cancellation, suspension, revocation, denial and appeal of a sidewalk vendor business permit shall be governed by the provisions of Chapter 5.06 of this Code.

B. No person shall conduct any sidewalk vending during the pendency of a related business permit application, during the time such a permit has been suspended, or at any time after such a permit has been denied, cancelled, or revoked, unless the permit is later granted or reinstated.

C. In the event the sidewalk vendor license and/or permit is canceled, suspended, denied or revoked, any associated business permit and/or license is simultaneously and automatically deemed canceled, suspended, denied or revoked.
(ORD-24-0002 § 1, 2024)

5.73.090 Health permit for sidewalk vending of food.

Each sidewalk vendor vending food must also obtain a City-issued health permit pursuant to Section 5.04.050 and Title 8 of this Code, and the California Health and Safety Code. Notwithstanding the foregoing, every person 23320
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who applies for or renews a health permit to operate as a sidewalk vendor of food within the first year of the effective date of this Chapter 5.73 of this Code shall not be subject to any City health permit and/or plan check fee for the first year of the applicant's operation as a sidewalk vendor. (ORD-24-0002 § 1, 2024)

5.73.100 Insurance.

A. Every sidewalk vendor shall, as a condition precedent to the operation of sidewalk vending, obtain insurance as prescribed in regulations issued by the City Manager pursuant to Section 2.84.040. Every sidewalk vendor shall file such insurance with the Director of Financial Management.

B. Every sidewalk vendor shall maintain the insurance in full force and effect when conducting sidewalk vending. Failure to maintain such insurance shall be cause for suspension or revocation of a sidewalk vendor business permit.

C. Prior to the issuance or renewal of a sidewalk vendor business permit, each sidewalk vendor shall execute an indemnity agreement on a form provided by the City which provides that, by the acceptance or use of the sidewalk vendor permit, the sidewalk vendor shall indemnify, defend, protect and hold harmless the City, its Boards, Commissions, and their officials, employees, and agents from and against any and all liability, claims, demands, damage, loss, obligations, causes of action, proceedings, awards, fines, judgments, penalties, costs and expenses, arising or alleged to have arisen, in whole or in part, out of or in connection with the vendor's sidewalk vending (collectively "claims") and that the sidewalk vendor shall notify the City of any claim within ten (10) days.

D. City will comply with the California Values Act, Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code, and City of Long Beach Administrative Regulation 33: Procedures Regarding the Requesting, Collecting, and Maintaining of Sensitive Information and the Enforcement of Federal Immigration Law in relation to the collection of information of sidewalk vendors. (ORD-24-0002 § 1, 2024)
DIVISION III. GENERAL OPERATING CONDITIONS AND LOCATIONS

5.73.110 Sidewalk vending - general operating conditions.

A. All sidewalk vendors must comply with all applicable provisions of the Long Beach Municipal Code, including, but not limited to:

1. Chapter 8.63 - Polystyrene Food Packaging;

2. Chapter 8.80 - Noise;

3. Section 16.08.420 - Disposal of refuse;

4. Section 16.12.260 - Sanitation (Pacific Ocean Areas); and

5. Section 16.16.140. - Park Playgrounds - Adults not accompanying children ages 12 and under prohibited.

B. All sidewalk vendors vending food must comply with and are subject to:

1. Title 8 of this Code; and

2. The California Health and Safety Code.
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C. Hours of operation. Sidewalk vending may only be conducted during the following hours of operation:

1. Permissible roaming sidewalk vending in residential areas may occur between the hours of 8:00 a.m. and 8:00 p.m., or between 8:00 a.m. and sunset, whichever is later.

2. Permissible sidewalk vending in non-residential areas, excluding areas zoned as parks, may occur between the hours of 6:00 a.m. and 10:00 p.m. or during the operating hours imposed on other businesses on the same block, whichever is least restrictive.

3. Permissible sidewalk vending in areas zoned as parks may occur between the hours of 8:00 a.m. and the closing time of the park or, if there is no designated closing time, at sunset.

4. Notwithstanding the aforementioned operating hours, no sidewalk vendor may vend within one (1) block of any school grounds from Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m. of said days.

D. All sidewalk vendors must operate in a space no larger than one hundred (100) square feet.

E. All sidewalk vendors must maintain adequate trash containers in or on their sidewalk vending conveyance or self, such that any trash generated by the sidewalk vending and/or the customers of the sidewalk vendor can be properly collected and disposed of by the sidewalk vendor.

F. All sidewalk vendors must clean up all trash and debris related to their sidewalk vending within a ten (10) foot radius around their vending area. No sidewalk vendor shall use a public trash receptacle to dispose of their trash.

G. All sidewalk vendors shall immediately clean up any food, grease, fluid, or items related to their sidewalk vending that falls onto public or private property.

H. Any set up of tables, chairs, canopies, and/or umbrellas must be for the sole use of the sidewalk vendor. Any umbrella must have a minimum height of eight (8) feet and must be secured. Stationary sidewalk vendors may set up one (1) canopy for the sole use of the sidewalk vendor, not to exceed ten (10) feet by ten (10) feet and must abide by the following: the canopy must be properly secured and must have a cane-detectable barrier between each of the legs of the canopy. If using a canopy, a stationary sidewalk vendor shall maintain a minimum four (4) feet of clear, uncovered sidewalk/pedestrian path width as a path of travel, and five (5) feet in areas identified as High Volume or Very High Volume Pedestrian Zones as designated by the City's Traffic Engineer and Director of Public Works. Sidewalk vendors may not set up tables, chairs, umbrellas or canopies for customer use.

I. All sidewalk vendors must comply with all applicable laws relating to the employment of minors. Any minor assisting with or engaged in sidewalk vending shall be accompanied by a sidewalk vendor with the required valid license and permit(s). Any and all actions of the minor related to sidewalk vending, including any violations committed by the minor, shall be attributable to the sidewalk vendor.

J. All sidewalk vendors must comply with all posted parking restrictions, including when using motorized vehicles to load or unload sidewalk vending conveyances, equipment, materials, or personnel.

K. No sidewalk vendors shall drive onto or otherwise stage any motorized vehicle on any curb, parkway or sidewalk to load or unload sidewalk vending conveyances, equipment, materials or personnel. No sidewalk vendors shall use any motorized vehicle to drive onto sidewalks, pedestrian paths, pathways, turf, or sandy areas.

L. Stationary sidewalk vendors shall not use amplified or non-amplified sound-making devices in conjunction with their sidewalk vending, such as speakers, microphones, public address systems, bells, and chimes.

M. Roaming sidewalk vendors shall not use amplified or non-amplified sound-making devices in conjunction with their sidewalk vending, with the exception of bells and chimes. 23522
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N. Sidewalk vendors may not use red and blue flashing signs. Any other flashing sign used in sidewalk vending must not be facing a highway or traffic.

O. Sidewalk vendors may use a private property owner's utilities (e.g., water or power) only if the sidewalk vendor has prior authorization from the private property owner and use of the utilities does not present a safety hazard (e.g., tripping hazard) or accessibility challenge.

P. All sidewalk vendors shall not:

1. Leave their sidewalk vending conveyance, equipment, food, and/or merchandise unattended.

2. Store their sidewalk vending conveyance, equipment, food, and/or merchandise on public property.

3. Rent merchandise to customers.

4. Solicit sales by travelling door-to-door on private property.

5. Hang or affix any items to above ground structures, fences, gates, trees, or onto public or private buildings.

6. Display merchandise or food that is not available for immediate sale.

7. Vend food or merchandise that requires verification of a minimum age for purchase, such as alcoholic beverages (as defined in Section 9.02.020 of this Code), tobacco, tobacco products, cannabis, or firearms.

8. Vend any controlled substance, drug, or pharmaceutical.

9. Vend vaping or drug paraphernalia.

10. Vend adult-oriented material.

11. Vend animals.

12. Vend counterfeit, stolen, or illegal goods.

13. Vend weapons, including but not limited to, knives, guns, explosive devices, BB devices, or imitation firearms.

14. Dispose of items or materials onto or into the curbs, gutters, streets, drains, storm drain system, or onto any other public or private property. Items include, but are not limited to, food debris, hot coals, ashes, grease, and any water or rinse residue used for sidewalk vending, such as cooler water, ice, or food preparation water.

15. Adversely affect the City's ability to perform municipal functions or furnish City services.

16. Interfere with the performance of police, firefighter, lifeguard and/or emergency medical personnel services.

17. Obstruct the free and easy access to and departure from any portion of any public landing, pier or wharf within the marinas.
(ORD-24-0002 § 1, 2024)

5.73.120 Sidewalk vending - location requirements.

A. Stationary sidewalk vendors shall maintain a minimum four (4) feet of clear sidewalk/pedestrian path width as a path of travel, and five (5) feet in areas identified as High Volume or Very High Volume Pedestrian Zones as designated by the City's Traffic Engineer and Director of Public Works.

B. Sidewalk vendors shall not vend:
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1. On any public property that does not meet the definition of a "sidewalk" or "pedestrian pathway," as defined by this Chapter, unless otherwise authorized by this Chapter.

2. On any private property, unless authorized by the owner of the private property and the vendor has secured an administrative use permit. This includes any City-owned property subject to a lease agreement, including, but not limited to, the Long Beach Convention and Entertainment Center, Shoreline Village, the Pike Outlets, Rainbow Harbor Esplanade, Rancho Los Alamitos, Rancho Los Cerritos, municipal golf courses and community gardens.

3. At a protected habitat or mitigation areas, including but not limited to, Colorado Lagoon, DeForest Park and Wetlands, El Dorado Nature Center, Golden Shore Marine Reserve, Jack Dunster Marine Reserve, Los Cerritos Wetlands, Sims Pond, and Willow Springs Park and Wetlands.

4. On any sidewalk or other pedestrian path with a slope greater than five (5) percent or where signage indicates that wheels must be cramped to the curb.

5. In any location where the sidewalk vending obstructs traffic signals or regulatory signs.

6. To any customer in an unparked vehicle, including a vehicle that is stopped in traffic.

7. On any sidewalk, roadway or adjacent shoulder within five hundred (500) feet of a freeway off ramp or on ramp.

8. Within eighteen (18) inches of the edge of a curb.

9. Within five (5) feet of an above ground structure.

10. Within five (5) feet of a bus stop or Metro stop.

11. Within ten (10) feet of a driveway, alley approach or marked crosswalk.

12. Within ten (10) feet of an ATM or outlined shared e-scooter or bike parking.

13. Within fifteen (15) feet of a commercial outdoor dining area, sidewalk dining area, permanent parklet, or location with a valid encroachment permit.

14. Within fifteen (15) feet of a street intersection.

15. Within fifteen (15) feet of a loading zone, ADA curb/ramp/curb cut, parking space, or access ramp designed for individuals with disabilities.

16. Within twenty-five (25) feet of a beach access point.

17. Within fifty (50) feet of a railroad crossing.

18. Within twenty-five (25) feet of a Los Angeles County waterway and/or flood control fencing.

19. Within one hundred (100) feet of the vehicle entrance of any fire station, police department, hospital, lifeguard tower, lifeguard headquarters, or any other emergency response structure or path.

20. Within one hundred (100) feet of a posted sidewalk or street closure, unless otherwise permitted.

C. Stationary sidewalk vendors shall not vend:

1. In areas zoned as exclusively residential.

2. Within twenty (20) feet of any detached or freestanding single-family home located in a mixed-use zone (i.e., area zoned as both residential and commercial).

3. Within ten (10) feet of an entrance or exit to a building/ structure/facility, fire escape, or emergency exit.
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4. Within fifteen (15) feet of a Fire Department connection, fire hydrant, fire lane or any fire backflow preventer.

5. Within twenty (20) feet of another stationary sidewalk vendor.

D. Roaming sidewalk vendors shall not vend:

1. Where they block the entrance or exit to a building/structure/ facility, fire escape, or emergency exit.

2. Where they block a Fire Department connection, fire hydrant, fire lane or any fire backflow preventer.

E. Sidewalk vendors vending food shall not vend within fifteen (15) feet of a public restroom.

F. Sidewalk vendors may vend in a parkway, so long as the vending only occurs on areas where plants are not present, no damage is done to the parkway landscaping, it is safe to vend in the parkway, and all other requirements under this Chapter are met.

G. For permitted swap meets, permitted certified farmers' markets, and areas designated for a temporary special permit (collectively "events"), the following also applies:

1. For events with less than five thousand (5,000) attendees and where limited venue access/egress is not a factor, sidewalk vendors may not vend within two hundred fifty (250) feet of the event.

2. For events with more than five thousand (5,000) attendees and where limited venue access/egress is not a factor, sidewalk vendors may not vend within five hundred (500) feet of any entrance or exit to the event or within two hundred fifty (250) feet of the perimeter of the event.

3. For all other events, sidewalk vendors may not vend within five hundred (500) feet of the event.

4. The vending restrictions described above in subparagraphs (1) through (3) to paragraph G of this Section, apply as follows:
a. For permitted swap meets or permitted certified farmers' markets: during the limited operating hours of the certified farmer's market or swap meet.
b. For an area designated for a temporary special permit: during the limited duration of the temporary special use permit.

5. For areas designated for a temporary special permit, any notice, business interruption mitigation, or other right provided to affected businesses or property owners under the City's temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable.

H. In areas zoned as parks, the following also applies:

1. Stationary sidewalk vendors are not permitted to operate within five hundred (500) feet of any concessionaire that has signed an agreement for concessions with the City that exclusively permits the sale of food or merchandise by the concessionaire.

2. Sidewalk vendors are not permitted to operate within fifteen (15) feet of any City monument, statue, memorial, or art installation.

3. Stationary sidewalk vendors may vend within the space ten (10) feet off of a pedestrian, bike, or shared use path, measured perpendicular to the path, so long as it is safe to do so, customers do not queue on the path, the vendor is not within five hundred (500) feet of a concessionaire that has signed an agreement with the City that exclusively permits the sale of food or merchandise by the concessionaire, and all other requirements under this Chapter are met.

4. Sidewalk vendors shall not use any motorized vehicle to drive onto pathways, turf or sandy areas. 23825
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5. Sidewalk vendors shall take appropriate care to not damage turf, irrigation or any other infrastructure while engaging in sidewalk vending.

6. Roaming sidewalk vendors may vend on greenspace or sandy areas, but shall not interfere with any sporting events or the free use of any designated sport play areas or open recreation space and shall not approach spectators who are watching a sporting activity to vend food or merchandise. (ORD-24-0002 § 1, 2024)

5.73.130 Sidewalk vending - exception for minor vendors.

In residential zones only, minors under age of eighteen (18) vending on public sidewalks or other pedestrian paths for a temporary use or selling products for a recognized 501(c)(3) charity for the purpose of fundraising shall be exempt from the requirements of this Chapter. Access and accessibility provisions still apply. (ORD-24-0002 § 1, 2024)
DIVISION IV. ENFORCEMENT AND PENALTIES

5.73.140 Enforcement.

Violations of this Chapter are enforceable using the administrative citation procedures set forth in Chapter

9.65 of this Code. Fines for violations of this Chapter shall be assessed pursuant to Section 5.73.160 below. (ORD-24-0002 § 1, 2024)

5.73.150 Impoundment.

A. Any sidewalk vendor with a valid sidewalk vendor business permit that operates in violation of any provision of this Chapter will first be offered an opportunity to remedy the violation in order to continue vending. If the sidewalk vendor refuses to or cannot come into compliance, an enforcement officer may order the sidewalk vendor to immediately cease and desist any vending and to remove themselves from the vending area. If the sidewalk vendor fails to comply, the sidewalk vendor's equipment, food, and/or merchandise may be impounded or disposed of pursuant to paragraphs B and C of this Section, below.

B. A sidewalk vendor's vending equipment, food and/or merchandise is subject to summary and immediate impoundment if the vendor:

1. is vending prohibited items, as described in Section 5.73.110.N, subparagraphs 7 through 13 of this Code;

2. does not possess a valid sidewalk vendor business permit;

3. leaves sidewalk vending equipment, food, and/or merchandise unattended; or

4. is a permitted sidewalk vendor who cannot or refuses to comply with an enforcement officer's request to come into compliance with the Code, and who refuses to cease vending.

C. Equipment, food and/or merchandise is subject to immediate disposal, rather than impoundment, if the equipment, food and/or merchandise cannot be stored, is perishable, or presents a health or safety concern.

D. For any impoundment under this Section, the person from whom property was taken shall be provided with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given 23926
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to the person from whom the property was taken at the time the property is obtained, or mailed, by firstclass mail, to the person from whom the property was taken, if the person provides a valid form of identification which includes the person's contact information.

1. The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within ninety (90) calendar days after City takes possession of the property or the property will be disposed.

2. If the owner or person responsible for unattended items cannot be identified, or if a person refuses to provide identification for the issuance of an administrative citation, the enforcement officer shall document the date, time period, and location where the impounded property was observed; the circumstances supporting the enforcement officer's finding that the property was unattended, if applicable; any reasonable attempt to locate the owner of the property; any refusal by the owner of the property to provide identification; and a complete description of the property, including any property that was immediately disposed of because it was perishable or presented a health or safety concern. This document shall be maintained by the City with any impounded property.

3. Impounded property may be recovered within ninety (90) calendar days from the date of impoundment, upon presentation of proof of ownership and full payment of a sum equal to the cost of removing and storing the impounded property.

4. Any unclaimed impounded property will be considered abandoned and forfeited to the City after ninety (90) calendar days following impoundment.

5. A person whose property is impounded pursuant to this Section may request an administrative hearing by submitting a written request for hearing form and returning it to the Department of Financial Management within thirty (30) calendar days of impoundment. The administrative hearing shall be conducted in accordance with Chapter 9.65 of this Code and may be held at the same time as the administrative hearing on any related administrative citation issued under this Chapter. No deposit is required to request a hearing on impounded property under this Section.

6. The City Manager or the Department of Financial Management may develop additional regulations for the storage and release of impounded property.

E. None of the aforementioned impoundment actions in this Section prevents an enforcement officer from issuing an administrative citation to a person reasonably believed to be in violation of any provision of this Chapter.
(ORD-24-0002 § 1, 2024)

5.73.160 Penalties.

A sidewalk vendor who violates any provision of this Chapter is subject to the penalties enumerated in paragraphs A and B of this Section below, and not of Section 5.08.030.A of this Code.

A. Violations of this Chapter.

1. Any violation of this Chapter shall be punishable only by the following:
a. An administrative fine not exceeding one hundred dollars ($100) for a first violation. b. An administrative fine not exceeding two hundred dollars ($200) for a second violation within one (1) year of the first violation.
c. An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year of the first violation.
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d. City may revoke a sidewalk vendor business permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

2. The owner, manager, or operator of any sidewalk vending activity is responsible for any violation by an employee of any provision of this Chapter. Any violation of this Chapter by an employee shall be deemed a violation for which the owner, manager or operator of each sidewalk vending activity is responsible.

B. Sidewalk vending without a valid sidewalk vendor business permit.

1. Sidewalk vending without a valid sidewalk vendor business permit shall be punishable by the following:
a. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. b. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.
c. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

2. Upon proof of a valid sidewalk vendor permit issued by the City, the administrative fines set forth in subparagraph (B)(1) shall be reduced to the administrative fines set forth in subparagraph (A)(1) of this Section, respectively.

C. Failure to pay an administrative fine pursuant to this Section shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Section shall not be assessed.

D. Sidewalk vending of food without a valid City health permit shall be punishable pursuant to the California Health and Safety Code.

E. Violations of any rule, regulation, or statute outside of this Chapter may be independently enforced and penalized as prescribed by law.
(ORD-24-0002 § 1, 2024)

5.73.170 Ability-to-pay determination.

A. Any fine issued under this Chapter will be accompanied with a notice of the right to request an ability-to-pay determination with instructions or other materials for requesting an ability-to-pay determination.

B. At any time before the citation is paid, the cited party may request an ability-to-pay determination.

C. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person's ability to pay the fine. The adjudicator shall have the power to reduce the fine based upon the person's ability to pay the fine.

1. If the adjudicator finds the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.

2. The adjudicator may waive the administrative fine or may offer an alternative disposition. (ORD-24-0002 § 1, 2024)
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Created: 2024-06-10 14:17:07 [EST]
(Supp. No. 46, Update 1)

5.73.180 Severability.

If any provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect any other provision or application of this Chapter that can be given effect without the invalid provision or application; and to this end, the provisions or applications of this Chapter are severable. (ORD-24-0002 § 1, 2024)
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Chapter 4.52
SOLICITORS AND SIDEWALK VENDORS*
Sections:

4.52.010 Solicitor’s permit required.

4.52.020 Solicitor's permit application.

4.52.030 Revocation of solicitor’s permit.

4.52.040 Unlawful conduct by solicitors.

4.52.050 Sidewalk vendors.

4.52.060 Sidewalk vending prohibited in designated areas.

4.52.070 Operational standards for sidewalk vendors.

4.52.080 Sidewalk vendor enforcement.
*Licensing of peddlers and solicitors — See Section 3.32.060.

4.52.010 SOLICITOR’S PERMIT REQUIRED.

Every person, whether or not a resident of the City of Anaheim, traveling by foot, vehicle, or other type of conveyance, from place to place or from door to door or at any temporary, stationary location on public property, and carrying, displaying, conveying, transporting or offering for sale any goods, wares, merchandise, fresh or frozen food products, fruit, farm produce or any services, or making sales and delivering articles thus sold to a purchaser thereof, is a "solicitor." No person not otherwise excepted by law shall engage in the business of being a solicitor without first obtaining a permit therefor. (Ord. 5810 § 34 (part); April 23, 2002: Ord. 5949 § 2; November 16, 2004.)

4.52.020 SOLICITOR'S PERMIT APPLICATION.
.010 No permit to engage in the business of being a solicitor shall be issued except upon the satisfactory completion of an application therefor on forms supplied by the Revenue Manager. Said application shall include the name and address of the applicant, a passport size photograph of the applicant, a description of the goods, wares or services to be offered for sale, the applicant's social security number or federal or state employer's identification number or tax identification number, the applicant's former residence or places of business for a period of five years preceding the date of the application, and a list of any convictions of applicant for a felony or misdemeanor involving moral turpitude for the previous five years. The application shall be signed by the applicant under penalty of perjury and shall be accompanied by a fee in an amount established by the Revenue Manager. The Revenue Manager shall utilize the service of the Anaheim Police Department to investigate and verify the facts set forth in the application. .020 Following the investigation of the application by the Police Department, the Revenue Manager shall issue said permit if the Revenue Manager finds that the information contained in the application is true and correct and that the applicant has not been convicted of a crime of moral turpitude or any violation of this chapter for a period of three years prior to the date of application. A solicitor's permit shall be issued if the application therefor has remained pending or under investigation for more than fifteen (15) days after a fully completed application has been filed. A solicitor's permit shall be valid for a period of one year from the date of its issuance unless sooner revoked under the terms of this Chapter. .030 The requirement of a solicitor's permit under this chapter shall be in addition to the requirement for a business license from the City of Anaheim. (Ord. 5810 § 34 (part); April 23, 2002.)

4.52.030 REVOCATION OF SOLICITOR'S PERMIT.
.010 The Revenue Manager may revoke the solicitor's permit granted to any person upon a finding that such person has violated any provision of this chapter, made material misrepresentation upon such solicitor's permit application or has been convicted of a crime of moral turpitude or a violation of this chapter within a period of three years prior to the date of the permit application.
.020 No permit shall be revoked until after a hearing shall have been held before the City Manager or designee to determine good cause for such revocation. Notice of such hearing shall be given in writing and served at least ten days prior to the date of the hearing thereon. The notice shall state the ground for the proposed revocation and shall state the time and place where such hearing will be held.
.030 Said notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business of the permit holder during usual business hours, with the person who is apparently in charge thereof, or the residence of the permit holder, in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence at least ten days prior to the date of such hearing.

Attachment 4
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.040 After said hearing, the City Manager or his or her designee shall render a written decision within ten working days from the date the matter is submitted for decision. The action of the City Manager or his or her designee shall be final and conclusive. (Ord. 5810 § 34 (part); April 23, 2002.)

4.52.040 UNLAWFUL CONDUCT BY SOLICITORS.
.010 It shall be unlawful for any person to engage in soliciting as defined in this chapter in or upon the grounds of any stadium, convention center, government office building, police station, fire station library or other public facility owned or operated by the City of Anaheim except with the prior written consent of the City of Anaheim. .020 It shall be unlawful for anyone to engage in soliciting as defined in this chapter without having in such solicitor's possession a valid permit issued under the provisions of this chapter and a valid business license issued by the City of Anaheim pursuant to this Code.
.030 It shall be unlawful for any solicitor to make any false statement to any person being solicited by such person for a commercial transaction that relates to the goods, wares, merchandise or services offered for sale by such solicitor. .040 Any person who shall be convicted of any act defined as unlawful conduct under the provisions of this chapter is guilty of an infraction. (Ord. 5810 § 34 (part); April 23, 2002.)

4.52.050 SIDEWALK VENDORS.
.010 DEFINITIONS.
.0101 "Roaming Sidewalk Vendor" means a Sidewalk Vendor who moves from place to place and stops only to complete a transaction.
.0102 "Sidewalk Vendor" means a person who sells food or merchandise from a Vending Display Device, or from one's person, upon a public sidewalk or other pedestrian path. The term "Sidewalk Vendor" includes both Roaming Sidewalk Vendors and Stationary Sidewalk Vendors.
.0103 "Sidewalk Vendor Permit" means a permit issued by the City authorizing a person to engage in the business of being a Sidewalk Vendor.
.0104 "Stationary Sidewalk Vendor" means a Sidewalk Vendor who vends from a fixed location. .0105 "Vending Display Device" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, nonmotorized conveyance (including trailers), freestanding table, rack, chair, box, stand, or any container, structure, or other object used or capable of being used for holding, selling, advertising, or displaying tangible things, together with any associated seating facilities. "Vending Display Device" does not include any street furniture such as benches or planters, any other structure permanently installed by the City or with the consent of the City, or newsracks placed in conformity with the provisions of this Code regulating newsracks.
.020 SIDEWALK VENDOR PERMIT REQUIRED. No person not otherwise excepted by law shall engage in the business of being a Sidewalk Vendor without first obtaining a permit therefor. .030 SIDEWALK VENDOR PERMIT APPLICATION. No permit to engage in the business of being a Sidewalk Vendor shall be issued except upon the satisfactory completion of an application therefor on forms supplied by the License Collector. The application shall include the name of the applicant; the address of the applicant; the address designated and agreed to by the applicant for receipt of notices from the City; a passport size photograph of the applicant; a description of the goods, wares or services to be offered for sale; proof of a valid California Department of Tax and Fee Administration seller's permit; the applicant's social security number or federal or state employer's identification number or tax identification number or California driver's license or California identification number; and any other information deemed necessary by the License Collector. The application shall be signed by the applicant under penalty of perjury and shall be accompanied by a fee in an amount established by the License Collector. The License Collector may utilize the service of the Anaheim Police Department to investigate and verify the facts set forth in the application. Any social security number, California driver's license number or identification number submitted with the permit application shall not be disclosed except as required for administrative purposes or to comply with a state law or state or federal court order.

The requirement of a Sidewalk Vendor Permit under this section shall be in addition to the requirement for a business license from the City and any additional licenses required by other state or local agencies, including but not limited to any permit required by the Orange County Health Care Agency. .040 DENIAL AND REVOCATION OF A SIDEWALK VENDOR PERMIT. .0401 An application for a Sidewalk Vendor Permit may be denied for any of the following reasons:
.01 The applicant provides false, misleading, or fraudulent information or omits material information in the application. .02 The proposed vending operation is contrary to any provision of this Code regulating sidewalk vending. .03 The applicant failed to provide a complete application after having been asked to provide additional information or documents.
.04 The applicant failed to comply with the operational standards set forth in the provisions of this Chapter. 24431
.05 The applicant failed to pay any administrative citation issued for violating any provision of this Code regulating sidewalk vending.
.06 The proposed vending operation, including the equipment to be used by the applicant, fails to comply with all applicable health, zoning, fire, building, and safety laws of the State of California, the County of Orange, or the City. .0402 If an application for a Sidewalk Vendor Permit is denied, the applicant shall receive written notice stating the reasons for the denial. If a Sidewalk Vendor Permit is revoked, a Sidewalk Vendor shall receive written notice stating the reasons for the revocation.
.0403 Upon the fourth violation of any provision of this Code regulating sidewalk vending within the term of the Sidewalk Vendor Permit, the License Collector may revoke the Sidewalk Vendor Permit granted to any person upon a finding that such person has violated any provision of this Chapter. The License Collector may also revoke the Sidewalk Vendor Permit granted to any person upon a finding that such person has made a material misrepresentation on his or her Sidewalk Vendor Permit application.
.0404 A person whose application for a Sidewalk Vendor Permit is denied, or a person whose Sidewalk Vendor Permit is revoked, may appeal the decision to the City Manager or his or her designee by filing a written notice of appeal within ten (10) calendar days after receiving the notice of denial or revocation. .0405 If a written notice of appeal is received within the ten (10) day period, the City Manager or his or her designee shall conduct a hearing within thirty (30) calendar days after receipt of the written request. Notice of such hearing shall be given in writing and served at least ten (10) days prior to the date of the hearing thereon. The notice shall state the ground for the denial or revocation and shall state the time and place where such hearing will be held. .0406 The notice shall be served upon the applicant or permit holder by delivering the same to such person or by leaving such notice at the place of business of the applicant or permit holder during usual business hours, with the person who is apparently in charge thereof, or at the residence of the applicant or permit holder, in the custody of a person of suitable age and discretion. In the event the applicant or permit holder cannot be found and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the applicant or permit holder at the address designated by the applicant or permit holder on the Sidewalk Vendor Permit application as the address for receipt of notices from the City at least ten (10) working days prior to the date of such hearing. .0407 After the hearing, the City Manager or his or her designee shall render a written decision within thirty (30) working days from the date the matter is submitted for decision. The action of the City Manager or his or her designee shall be final and conclusive. (Ord. 6449 § 2; November 20, 2018; Ord. 6568 § 2; February 27, 2024.)

4.52.060 SIDEWALK VENDING PROHIBITED IN DESIGNATED AREAS. .010 It shall be unlawful for any person to engage in the business of being a Sidewalk Vendor as defined in this Chapter in or upon the grounds of any stadium, convention center, government office building, police station, fire station library or other public facility owned or operated by the City except with the prior written consent of the City. .020 It shall be unlawful for any person to engage in the business of being a Sidewalk Vendor on any of the following public streets and sidewalks within the City two (2) hours before, during and two (2) hours after events at Angel Stadium of Anaheim, the Honda Center and The City National Grove of Anaheim:
.0201 Orangewood Avenue, from west side of State Route 57 to 300 feet west of State College Boulevard. .0202 State College Boulevard, from 300 feet south of Orangewood Avenue to the north side of Katella Avenue. .0203 Katella Avenue, from the west side of State College Boulevard to the Santa Ana River Trail. .0204 Douglass Road, from the entrance to the Angel Stadium of Anaheim to Cerritos Avenue. .0205 Dupont Drive.
.0206 Rampart Street from Orangewood Avenue to Dumaine Street. .0207 Gene Autry Way from South Chris Lane to the entrance of the Angel Stadium of Anaheim. .030 It shall be unlawful for any person to engage in sidewalk vending in the areas designated in section

4.10.010.010.0101 - .0108 of this Code.
.040 Stationary Sidewalk Vending is prohibited in any location zoned exclusively residential. .050 Sidewalk vending is prohibited in areas located within the immediate vicinity of a permitted certified farmers' market or a permitted swap meet during the limited hours of that certified farmers' market or swap meet. A "certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter. A "swap meet" means a location operated in accordance with Article 6 (commencing with Section 21600) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulation adopted pursuant to that article. .060 Sidewalk vending is prohibited within the immediate vicinity of an area designated for a temporary special permit, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority's temporary special permit are also provided to any sidewalk vendors specifically permitted to 24532
operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (Ord. 6449 § 3; November 20, 2018; Ord. 6568 § 3; February 27, 2024.)

4.52.070 OPERATIONAL STANDARDS FOR SIDEWALK VENDORS.
.010 Sidewalk Vendors shall comply with the following operational standards in order to maintain public health, safety, and welfare:
.0101 Sidewalk Vendors shall comply with the Americans with Disabilities Act of 1990 and other disability access standards, including but not limited to allowing for a minimum width of at least thirty-six (36) inches of accessibility on any sidewalk.
.0102 Sidewalk Vendors shall not use canopies, pop up tents, E-Z UP tents, or similar shade structures that reduce the minimum clear width of a sidewalk to less than thirty-six (36) inches. The use of an umbrella or a similar shade structure that does not reduce the minimum clear width of a sidewalk to less than thirty-six (36) inches may be considered as part of an application for a Sidewalk Vendor Permit. The size of a permitted umbrella or similar shade structure may vary depending on the vending location proposed by a Sidewalk Vendor.
.0103 Sidewalk Vendors shall not vend to occupants of motorized vehicles in operation. .0104 Sidewalk Vendors may not engage in vending in such a manner as to cause onlookers or customers to obstruct the accessible path of travel for pedestrians and vehicles. .0105 To maintain the free movement of pedestrians and vehicles, Sidewalk Vendors may not use signs in connection with the sale, display, or offering for sale of items, except for those signs affixed to or painted on a Vending Display Device. .0106 Sidewalk Vendors must provide a trash receptacle for customers to ensure proper disposal of customer trash. Prior to leaving any vending location, a Sidewalk Vendor shall pick up, remove, and dispose of all trash generated by the vending operations and/or the vendor's customers within a twenty-five (25) foot radius of the vending location. Sidewalk Vendors are responsible for disposing of the trash associated with their business and may not use City receptacles for this purpose. .0107 Sidewalk Vendors must properly dispose of fats, grease, and oil. .0108 At all times while vending, Sidewalk Vendors that sell food shall possess and display in plain view on their Vending Display Device a valid permit from the Orange County Health Care Agency. .0109 At all times while vending, Sidewalk Vendors shall display in plain view on their Vending Display Device a Sidewalk Vending Permit issued to the person vending pursuant to section 4.52.050 of this Code. .0110 Sidewalk Vendors shall be responsible for compliance with all applicable federal, state, and local laws, including without limitation state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; alcoholic beverages, tobacco products, cannabis, electronic cigarette, smoking devices and controlled substances regulations; sanitation and health standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).
.0111 Vending Display Devices shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No Vending Display Device shall become a permanent fixture at a vending location or be considered an improvement to real property. .0112 Vending Display Devices shall not be left or stored unattended on public property or within the public right-of-way. .0113 Sidewalk Vendors shall not vend or distribute: (a) live animals, wildlife, fish, fowl, or insects; (b) or items that are otherwise illegal to sell or distribute under other laws (such as unlawful narcotics, weapons, and counterfeit merchandise).

Unlawful possession or distribution of items is punishable according to the terms of applicable federal, state, or local law making such possession or distribution illegal.
.0114 No person shall use any street furniture, including any bench, planter, utility cabinet, or other street furniture or structure permanently installed on public property, for the display, sale, or distribution of food, goods, or merchandise. .0115 Sidewalk Vendors shall not unreasonably interfere with access or use of City infrastructure, including City benches, bike racks, wheelchair access ramps, stairs, parking meters, utility boxes, trash receptacles, or recycling receptacles. .0116 Sidewalk Vendors shall not block access to or create unreasonable congestion at: (a) a corner of any street intersection; (b) any fire hydrant, fire call box, emergency exit, or other emergency facility; (c) any curb which is designated as white, yellow, green, blue, or red zone, or a bus zone; (d) any building entrance or stairway access point; (e) any driveway or driveway apron; (f) upon or within any roadway, median strip, or dividing section; or (g) at any parking pay station. Vending or operating in a way that violates the accessible path of travel for persons with disabilities is per se unreasonable.
.0117 Sidewalk Vendors shall not operate or vend in a way that violates the terms or conditions of their Sidewalk Vendor Permit.
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.0118 Sidewalk Vendors shall comply with all other generally applicable laws. .020 The City Manager or his or her designee may promulgate regulations governing sidewalk vending to effectuate the provisions of this Chapter and to address objective health, safety, and welfare concerns. A violation of such regulations shall constitute a separate violation of this Chapter. (Ord. 6568 § 4; February 27, 2024.)

4.52.080 SIDEWALK VENDOR ENFORCEMENT.

Any violation of sections 4.52.050 - 070 shall be enforced in accordance with the procedures set forth in Chapter 1.20 (Civil Citations) of this Code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and shall be subject to the imposition and payment of administrative fine(s) as provided below:

Number of Offenses in a One-Year Period Amount of Administrative Penalty First $100.00
Second $200.00
Third $500.00
.101 Engaging in the business of being a Sidewalk Vendor without a valid Sidewalk Vendor Permit in violation of Chapters 4.10, 4.52, 12.12, 13.08 or 14.32 of this Code, shall be enforced in accordance with the procedures set forth in Chapter 1.20 (Civil Citations) of this Code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and subject to the imposition and payment of administrative fine(s) as provided below:

Number of Offenses in a One-Year Period Amount of Administrative Penalty First $250.00
Second $500.00
Third $1,000.00
.102 If a person issued an administrative citation meets the criteria described in (a) or (b) of Government Code Section 68632, the License Collector shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this section.
.103 A notice of a violation of sections4.52.050 - 070 shall include notification to the person cited that he or she may request an ability-to-pay determination and a corresponding reduction in a fine assessed under this section, including instructions for making such a request. Upon receipt of such an ability to pay request, the License Collector or his or her designee shall hold a hearing in accordance with this section. .104 To request an ability-to-pay determination, a person issued an administrative citation shall file with the City a signed application in a form prescribed by the License Collector, specifying the citee's ability to pay the assessed fines. The License Collector shall provide notice to the citee of the time, date and place that his/her ability to pay request shall be heard, which hearing date shall not be sooner than ten (10) days following the date notice of such hearing is given to the citee. The citee shall personally appear at the hearing and provide evidence sufficient to establish his or her inability to pay the assessed fine. Failure of the citee to personally appear at the hearing shall constitute an abandonment of the application for an abilityto-pay determination. .105 Following conclusion of the hearing on the ability to pay request, the License Collector or his or her designee shall issue a written decision and specifying the amount of the fine imposed and the reasons therefore, including the citee's ability to pay. The License Collector may allow the citee to complete community service in lieu of paying the administrative fine, may waive the administrative fine or may offer an alternative disposition. .020 Impoundment
.0201 The City may impound a Sidewalk Vendor's Vending Display Device, food, equipment, utensils, goods, or merchandise that:
.01 Reasonably appear to be abandoned on public property; or .02 Are displayed, offered, or made available for rent or sale by a Sidewalk Vendor who (i) operates in violation of Chapters 4.10, 4.52, 12.12, 13.08 or 14.32 of this Code; and (ii) refuses to remove their Vending Display Device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Community Preservation Officer; or .03 Are displayed, offered, or made available for rent or sale by a Sidewalk Vendor who (i) does not possess a valid applicable Sidewalk Vendor Permit; and (ii) refuses to remove their Vending Display Device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Community Preservation Officer; or 24734
.04 Is (i) creating an imminent and substantial safety or environmental hazard by the location of the Vending Display Device or the nature of the goods being offered for sale, and (ii) refuses to remove their Vending Display Device, food for sale, and/or goods/merchandise for sale after being instructed to do so by a Community Preservation Officer. .0202 The City may immediately dispose of impounded materials that are perishable or cannot be safely stored. .0203 Administrative Hearing. Any Sidewalk Vendor who has his or her property impounded shall have the right to file a request for an administrative hearing to appeal the impoundment. Any such request shall be made in writing and shall be filed in the office of the Community Preservation Manager within ten (10) calendar days from the date of impoundment of a Sidewalk Vendor's property. If successful in the appeal, a Sidewalk Vendor may have his or her property returned without paying an impound fee.

If a written request for an administrative hearing is received within the ten (10) day period, an Employee Hearing Officer shall conduct a hearing within thirty (30) calendar days after receipt of the written request. Written notice of the hearing shall be mailed to the responsible person who requested the administrative hearing at least ten (10) calendar days in advance of the hearing.
.0204 A Sidewalk Vendor may recover impounded materials upon paying applicable impound fees and demonstrating proper proof of ownership.
.0205 The City Council may by resolution adopt impound fees, which shall reflect the City's enforcement, investigation, storage, and impound costs.
.0206 Any unclaimed items will be considered abandoned and forfeited to the City after ninety (90) days following impoundment. (Ord. 6568 § 5; February 27, 2024.)
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ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST CALIFORNIA AMENDING CHAPTER 5.17 OF
TITLE 5 OF THE LAKE FOREST MUNICIPAL CODE,

RELATING TO SIDEWALK VENDING AND FINDING THE

ACTION TO BE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of Lake Forest, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and WHEREAS, California Senate Bill 946, also known as the California Safe Sidewalk Vending Act (“SB 946”), which passed into law and became effective on January 1, 2019, decriminalized sidewalk vending and established requirements on cities and counties for the regulation of sidewalk vendors; and
WHEREAS, on March 5, 2019, the City Council adopted Ordinance 313, implementing sidewalk vending regulations in compliance with SB 946; and WHEREAS, since the adoption of Ordinance 313, the City has attempted to address the objective health, safety, and welfare concerns posed by sidewalk vending carried out in violation of the Lake Forest Municipal Code; and WHEREAS, pursuant to Cal. Const. Art. XI, Sec. 7 and under the City’s general police powers, the City of Lake Forest (“City”) is empowered and charged with responsibility for the health, safety, and welfare of its citizens; and WHEREAS, the City Council finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, other safety and environmental hazards, risks to children, and consumer protection; and
WHEREAS, SB 946 allows a local authority to adopt additional requirements regulating the time, place, and manner of sidewalk vending if those regulations are directly related to objective health, safety, and welfare concerns; and WHEREAS, despite these standards, the City has seen a rise in unpermitted sidewalk vending activities where the vendors set up commercial-style cooking operations at major intersections or in proximity to high-traffic areas and sell food but are unable to meet the health and safety requirements, such as properly heating and cooling food, providing handwashing facilities, washing utensils and equipment, and disposing of used liquids.

Attachment 5
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WHEREAS, the City Council hereby declares that enacting objective impounding procedures as a regulatory measure for sidewalk vending are necessary to protect the health, safety, and welfare of the public; and
WHEREAS, the impoundment of vendor equipment is neither a punishment of violators of the City’s sidewalk vending regulations nor a deterrent for future violators, but rather the application of the well-established “community caretaking function,” as first articulated by the United States Supreme Court in Cady v. Dombrowski (1973) 413 U.S. 433; and
WHEREAS, law enforcement officers routinely perform community caretaking functions, such as helping stranded motorists, returning lost children to anxious parents, and assisting and protecting citizens in need; and
WHEREAS, the community caretaking function regularly extends to law enforcement removing and impounding vehicles from the road where the driver of the vehicle cannot or will not lawfully operate the vehicle, the vehicle is located in an inappropriate location, and that vehicle poses a risk to public safety; and
WHEREAS, the impoundment of vehicles as part of the community caretaking function does not require obtaining a warrant beforehand, so long as law enforcement has reasonably determined that the vehicle posed a hazard to public safety; and WHEREAS, the nature of a sidewalk vending operation poses many similar problems as vehicles, as well as posing unique health and safety hazards; and WHEREAS, the City Council finds that the immediate impoundment of vendor equipment meets the community caretaking exception to requiring a prior warrant as it allows for the reasonable removal of vending equipment that poses a hazard to public safety due to its location or in response to vendors who refuse to comply with the City’s sidewalk vending regulations to the detriment of public health, safety, and welfare; and WHEREAS, this Ordinance provides clear standards in which vending equipment in the public right of way is subject to immediate impoundment as well as procedural safeguards to uphold due process for a warrantless impoundment; and WHEREAS, this Ordinance balances the City’s legitimate interests in preserving public health, safety, and welfare with the private interest in a sidewalk vendor’s continued operations;
WHEREAS, private interests are protected by this Ordinance through procedural protections, including the requirement that the City takes steps to locate the owner or operator of the sidewalk vending equipment, the City first issues a verbal warning to sidewalk vendors operating in violation of this Ordinance and allows a reasonable time to comply, and the City provides a sidewalk vendor the option to promptly appeal the impoundment and contest any associated fees; and
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WHEREAS, these procedural protections help ensure that impoundment actions are proper while protecting an individual’s due process; and WHEREAS, the City Council finds that the impoundment provisions enacted in this Ordinance do not constitute an infraction, misdemeanor, or other form of citation or penalty; and
WHEREAS, all other legal prerequisites relating to the adoption of this Ordinance have occurred.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Incorporation of Recitals. The City Council hereby finds and determines that the Recitals above are true and correct and incorporated as findings herein.

SECTION 2. CEQA. The City Council determines that adoption of the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. (14 Cal.

Code Regs., § 15061(b)(3).) The Ordinance does not authorize any development or other activity that could result in a significant effect on the environment. Accordingly, the City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.

SECTION 3. Code Amendment. Section 5.17.110, titled “Vending equipment impoundment” is hereby added to Title 5 of the Lake Forest Municipal Code to read as follows:
“5.17.110 Vending Equipment Impoundment
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A. The City may impound a sidewalk vendor’s vending cart, food, equipment and any goods therein used in violation of this chapter, pursuant to the provisions of Civil Code Section 2080.10, Health and Safety Code Section 114393, and/or any other applicable City, county, or state law for the following reasons:

1. Food displayed, offered, or made available for sale including equipment, or utensils used by a sidewalk vendor without holding a valid and displayed health permit from the Orange County Health Care Agency’s Environmental Health Division in violation of City, county or state law;

2. Items reasonably appear to be unattended or abandoned on public property for more than thirty 30 consecutive minutes without moving from the exact spot it was located and reasonable attempts were made to locate the owner or responsible person(s) within the first fifty 50 feet of the items;
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3. Items displayed, offered, or made available for sale by a sidewalk vendor who does not obtain a sidewalk vending permit from the City Public Works Department as required by Section 5.17.030;

4. Items displayed, offered, or made available for sale by a sidewalk vendor who operates in violation of this chapter, and refuses or fails to provide identification;

5. Operation in violation of this chapter and refusal or failure by a sidewalk vendor to comply within 30 consecutive minutes after being instructed to do so by a City code enforcement officer or other City official;

6. Items displayed, offered, or made available for sale by a sidewalk vendor who vends in a manner that blocks or obstructs the free movement of pedestrians on sidewalks and fails to maintain a minimum of thirty-six inches (36″) of accessible path of travel, without obstruction, along the sidewalk upon which the vendor is vending so as to enable persons to freely pass while walking, running, or using mobility assistance devices and/or in violation of the Federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards;

7. Items displayed, offered, or made available for sale in violation of any applicable federal, state, county, or City laws, ordinances, and regulations, including but not limited to illegal or counterfeit merchandise, alcohol, tobacco, cannabis, smoke or vaping products, adult-oriented material, live animals, weapons, and/or pharmaceuticals;

8. Items creating an imminent and substantial danger or environmental hazard to the health, safety, or general welfare of the public or property at the location of the vending cart such as, but not limited to, discharge of oil, grease or other slippery substances on the street or sidewalk without any effort to maintain best management practices; using unapproved portable cooking equipment, heating element, gas-fueled appliance, generator, or any open flame; attaching or using any water lines, electrical lines, or gas lines during vending operations; during an urgent or emergency public safety event or incident; lack of a fire extinguisher; using any luminaire, flashing lights or any other animated devices or sign; or using, operating or permitting any radio, loudspeaker or other machine or device for the producing or reproducing of sound; or
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9. Items impounded as evidence of a crime or booked as property after an arrest of any sidewalk vendor involving any City, county, state or federal law or regulation excluding Chapter 5.17. Such items shall be stored and released in accordance with the procedures set forth in the California Penal Code and any other applicable state law.

B. Prior to commencing an impoundment action under the preceding paragraph A, a City code enforcement officer or other City official will issue a verbal warning to the sidewalk vendor operating in violation of this chapter. An impoundment action will proceed only if the sidewalk vendor fails or refuses to comply with the verbal warning within the time specified or, if no time is specified, within a reasonable time.

C. The City may immediately dispose of impounded items that are perishable and/or cannot be safely stored.

D. Sidewalk vending items or equipment impounded pursuant to this section, excluding those items that were immediately disposed of according to

5.17.110(C), shall be held by the City for not less than 30 nor more than 60 days from the date of impoundment.

E. The City shall provide the person from whom the vending items or equipment were impounded with a receipt and instructions for retrieval of the impounded items, excluding those items that were immediately disposed of according to

5.17.110(C). The receipt and instructions shall be given to the person from whom the items were taken at the time of impound or shall be mailed within two business days of the impound to the address received by the City when the person applied for a sidewalk vending permit.

F. Impounded vending equipment and goods, excluding any items that were disposed of according to 5.17.110(B), will be released to the sidewalk vendor or owner provided that proper proof of ownership is presented, and the City receives payment in full of all administrative costs incurred as a result of the violation. Any unclaimed items will be considered abandoned and forfeited to the City after 60 days following impoundment. Pursuant to state law, the City shall not be liable for damages caused by any official action performed with due care regarding the disposition of items pursuant to this section and the disposal provisions of this chapter.
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G. An aggrieved sidewalk vendor may, within 21 calendar days of the impoundment, appeal the impoundment of their items by requesting an administrative hearing before a hearing officer in accordance with 5.17.090 and, if successful in their appeal, may have their items returned, excluding any items that were immediately disposed of according to 5.17.110(C), and shall not be required to pay the impound fee(s). If the sidewalk vendor is successful on appeal, any appeal fee paid by the sidewalk vendor shall be refunded.

H. A sidewalk vendor may recover impounded items or equipment, excluding any items immediately disposed of according to 5.17.110(C), upon paying applicable impound fees and demonstrating proper proof of ownership of the items.

I. The City Council may adopt by ordinance or resolution impound fees, which shall reflect the City’s personnel, enforcement, investigation, storage, disposal, and impound costs.

J. The City Manager is authorized to develop additional regulations for the storage and release of impounded items not in conflict with this chapter.

SECTION 4. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 6. Certification. The City Clerk shall certify as to the passage, and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.

SECTION 7. Record of Proceedings. The documents and materials associated with this Ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at Lake Forest City Hall, 100 Civic Center Drive, Lake Forest, California 92630. The City Clerk is the custodian of the record of proceedings.
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PASSED, APPROVED, AND ADOPTED this XXth day of ____, 2024. _______________________

MARK TETTEMER
MAYOR
ATTEST:

LISA BERGLUND, MPA

CITY CLERK
APPROVED AS TO FORM:

MATTHEW E. RICHARDSON

CITY ATTORNEY

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF LAKE FOREST )
I, Lisa Berglund, City Clerk of the City of Lake Forest, do hereby certify that the foregoing Ordinance No. _______ was duly introduced and placed upon its first reading at a regular meeting of the City Council on the ___ day of ________, 2024, and thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ___ day of _____ 2024, by the following vote, to wit:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS

LISA BERGLUND, MPA

CITY CLERK
43 ■
256
Title 5 - BUSINESS LICENSES AND REGULATIONS
Chapter 5.50 SIDEWALK VENDING
San Clemente, California, Code of Ordinances Created: 2024-07-17 13:18:04 [EST] (Supp. No. 61, Update 2)

Chapter 5.50 SIDEWALK VENDING

5.50.010 Purpose.

The City finds that the vending of prepared or pre-packaged foods, goods, and/or wares at semi-permanent locations on public sidewalks and rights-of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vendors and associated vending operations that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.020 Definitions.

As used in this chapter:

A. "Adult-oriented material" means sexually-oriented merchandise or sexually-oriented material or any other products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts (as those terms are defined in Chapter 17.88 - Definitions, of this Code).

B. "Cart" means any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance used in conjunction with a sidewalk vending operation.

C. "Certified Famers' Market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

D. "Enforcement Officer" means employees designated by the City Manager as having the authority to enforce this chapter, including but not limited to the License Collector, City Building Inspectors, Code Compliance Officers, Water Quality Inspectors, Police Officers of the City, City Park Rangers, Fire Services Inspectors, and Marine Safety Lifeguards.

E. "Exclusively residential zone" means the area encompassed by the outer limits of a zoning district shown on the City's official Zoning Map, or Specific Plan land use map within which is zoned or used primarily for residential purposes. The presence of nonconforming nonresidential land uses within an otherwise residential zone shall not deem such zone as not exclusive for residential uses. Where two zones meet, only one of which is an exclusive residential zone, the outer limits of the residential zone shall be deemed to include any public right-of-way between the two zones Including the sidewalk adjacent to the nonresidential zone.

F. "Food and Merchandise" means only tangible items for immediate consumption and in possession of the vendor at the time and point of sale.

G. "High Level of Service" means any sidewalk (as that term is defined in this chapter) where the volume of pedestrians (including people on human-powered vehicles) is of a sufficient amount to result in pedestrians unnecessarily entering areas of the public right-of-way intended for motor vehicles in 25744
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order to circumvent the vendor or their equipment, due to obstruction from the vendor, the vending equipment, or the customer queue, along the public sidewalk or public pathway.

H. "License Collector" means the License Collector of Finance, or their designee.

I. "Merchandise," see definition of "Food and Merchandise." J. "Park" means a public park owned or operated by the City, and includes, but is not limited to, all grounds associated with the park, such as fields, courts, beach areas, shoreline and ocean, walkways, paths, trails, drive entrances, driveways, drive aisles, parking lots, buildings and structures, landscaped areas, courtyards, amphitheaters, playgrounds, picnic tables, benches and spectator seating areas, waste receptacles, and sidewalks around the park adjacent to public right-of-way and within 20 feet of a vehicular entrance to the park.

K. "Roaming sidewalk vendor or vending" means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

L. "SB 946" means Senate Bill 946 of the 2017-2018 California legislative session, an act to add Chapter

6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, which was approved by the Governor on September 17, 2018, and became effective on January 1, 2019.

M. "Sidewalk vendor or vending" means a person who sells food or merchandise from a cart, or from one's person, upon a public sidewalk or other pedestrian path. "Sidewalk vendor or vending" does not include the sales of any services, items for rent, on-line sales, or the sales of products that are not in the possession of the sidewalk vendor at the time of sale.

N. "Sidewalk" means a portion of a street between the curb line and the adjacent property line, or an easement or right-of-way held by the city across the front of private property, and intended for the use of pedestrians. For purposes of this Chapter, "sidewalk" shall also include a paved path or walkway owned by the City that is specifically designed for pedestrian travel. "Sidewalk," for the purposes of this chapter, does not include landscaped and non-pathway areas, including turf, whether natural or artificial, meant for passive recreation or sporting activities, decorative rock and gravel areas, beach sand, benched viewing areas and adjacent access walkways, and other similar areas not intended specifically for pedestrian travel and access to public or private facilities.

O. "Special Event Permit" means a City-issued permit to hold a special event, as defined in Section

8.72.020 of this Code. Events covered under a "Special Event Permit" shall also include City or other public agency events that would otherwise qualify as a special event but no permit is required by the City.

P. "Stationary Sidewalk Vendor or Vending" means a sidewalk vendor who vends from a fixed location.

Q. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

R. "Zone," as in a residential zone, nonresidential zone, or mixed-use zone, means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain development standards are established as set forth and specified in Title 17, Zoning, of this Code or any applicable Specific Plan.
(Ord. No. 1680, § 4, 9-18-2019)
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5.50.030 Permit required and exemptions.

A. Permit required.All sidewalk vendors shall obtain a sidewalk vending permit from the City prior to engaging in any sidewalk vending activities. All persons associated with a sidewalk vending operation, including, but not limited to, employees or independent contractors, are considered sidewalk vendors and are required to obtain separate and individual sidewalk vending permits.

B. Exemptions.A sidewalk vending permit shall not be required for the following activities:

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued Special Events Permit including but not limited to a Certified Farmers' Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.040 Application for sidewalk vending permit.

A. Application information.Any person wishing to obtain a San Clemente sidewalk vending permit shall submit a completed San Clemente sidewalk vending permit application form to the License Collector. All of the following information is required:

1. Name, current mailing address, and phone number of the vendor; and

2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal; and

3. If the vendor will have employees, the name(s), current mailing address(es), and phone numbers of the person(s) who will be employed as stationary or roaming sidewalk vendor(s); and

4. The number of sidewalk vending operations the vendor intends to operate within the City; and

5. The days and hours of operation the sidewalk vendor intends to operate; and

6. Whether the vendor intends to operate as a stationary or roaming sidewalk vendor; and

7. If applicable, a description of the type of food proposed to be offered for sale or exchange; and

8. If applicable, a description of the merchandise/goods to be offered for sale or exchange; and

9. A copy of the California seller's permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor; and

10. One of the following forms of identification, which, upon collection, shall not be available by the City to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order:
a. A copy of the valid California Driver's License or Identification Card issued to the vendor; or b. A copy of the individual taxpayer identification number issued to the vendor; and

11. If preparing or selling food, a copy of the Orange County Health Department permit issued to the vendor; and

12. A description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of 48 inches of accessible route area when considering the 25946
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vendor equipment and anticipated customer queue, in compliance with the Americans with Disabilities Act; and

13. A copy of general liability policy naming the City as additional insured in the amount of $1,000,000.00; and

14. An acknowledgement that the vendor will comply with all generally applicable local, state, and federal laws; and

15. A certification by the vendor that to his or her knowledge and belief, the information contained in the application is true; and

16. An agreement by the vendor to indemnify, defend (at the vendor's sole cost and expense), and hold the City, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities or losses which arise out of, or which are in any way related to, the City's issuance or failure to issue a sidewalk vending permit, the City's decision to approve or its refusal to approve the sidewalk vending permit, the operation of the sidewalk vending use and activity, and the process used by the City in making its decision. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or brining such proceeding; and

17. An acknowledgement that use of public property is at the vendor's own risk, and the City does not take any steps to ensure public property is safe or conducive to sidewalk vending operations; and

18. A list of all other cities or other jurisdictions in which the vendor has operated a sidewalk vending operation or similar operation within the past 12 months, whether a permit was required to operate, and if so, whether the permit had been revoked in the past 12 months.

B. Fee. At the time the application or renewal application is filed, the applicant shall pay the permit processing fee established by separate resolution of the City Council. (Ord. No. 1680, § 4, 9-18-2019)

5.50.050 Review of permit application and determination.

A. Review authority.Upon acceptance of a properly completed and filed sidewalk vendor permit application and payment of the application fee as required by Section 5.50.040, the License Collector shall conduct a preliminary investigation to determine whether to approve or deny the permit as compliant with chapter.

B. Findings.The License Collector shall deny an application for a permit if he or she makes any of the following findings:

1. The applicant has failed to pay the application permit fee.

2. The applicant has made one or more material misstatements in the application for a permit.

3. The applicant does not have a valid social security card, valid California Driver's License, California Identification Card, or valid individual taxpayer identification number.

4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this chapter.

5. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

6. The applicant has had a sidewalk vending permit or similar permit revoked within the past 12 months in the City or any other jurisdiction.
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C. Timing of determination.The License Collector shall make such determination within no more than 30 days of acceptance to approve or deny the application.

D. Notice of determination.The License Collector shall provide the applicant with written notice of his or her decision to the address indicated in the application.

1. If the application is approved, the License Collector shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, issue the permit to the applicant.

2. If the application is denied, the License Collector shall include in the written notice the reasons for disapproval shall be noted on the application.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.060 Permit term, transferability, and display.

A. Term.A sidewalk vending permit issued pursuant to this chapter shall automatically expire one year from the date issued, unless an earlier expiration date is noted on the permit.

B. Transferability.A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

C. Display.Such sidewalk vending permit shall, during the time such permittee is engaged in sidewalk vending, be displayed in a conspicuous fashion attached to the vendor's Cart. Sidewalk vendors shall be required to exhibit their permits and/or licenses at the request of any person. If multiple sidewalk vendors are staffing a sidewalk vending operation, each vendor shall, during the operation of sidewalk vending, conspicuously attach their permit to the vending Cart.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.070 General sidewalk vending operating standards and requirements.

A. General standards and requirements.All sidewalk vendors shall meet the following standards and requirements:

1. The sidewalk vendor is duly licensed and meets all requirements of Section 5.50.030; and

2. The sidewalk vendor shall only set up their vending operation, or roam, on a sidewalk (as that term is defined in this chapter), whether in the public right-of-way or at an allowed park while still leaving a minimum of 48 inches of accessible path of travel. The reduction of a sidewalk for vending purposes shall not be for a distance greater than eight feet within any 16 foot span along the adjacent sidewalk.

No vending shall occur within an area that meets the definition of a "High Level of Service;" and

3. No sidewalk vending is permitted within any portion of public right-of-way, on any sidewalk, or at any park (as those terms are defined in this chapter) located in the general zone boundaries of, or adjacent to any properties within, the Mixed-Use 1 zone, Mixed-Use 3.0 zone, or Pier Bowl Specific Plan Area.

4. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor shall not use a horn, siren, amplified music, or any other audible device to attract attention to the presence of the vending operations or cart; and

6. Prior to leaving the vending area, the sidewalk vendor shall collect all litter and debris, that was or is, within 10 feet of the vendor that was generated by the vending activities; and 26148
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7. There shall be no disposal of cooking material or waste, including but not limited to any fats, oils or greases, into the City's trash receptacles, storm drains, plant material, or foliage. Vendors shall immediately clean up any food, grease, or other fluid or item related to the sidewalk vending operation that falls onto public property; and

8. The sidewalk vendor location shall not block public access to any entrances to private or public buildings, private or public driveways, parking spaces, building windows, utility meters, hook and service panels, or block public visibility of permitted signage located on the building or adjacent property; and

9. No customer tables, customer chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendor's vending activities; and

10. The sidewalk vendor shall not attach or use any water lines, electrical lines, or gas lines to any buildings, structures, or other private or public facilities not associated with the vendor's equipment, during vending operations; and

11. Storage or display of refuse, equipment, materials, goods, wares, food, or merchandise associated with the vendor, outside of the vendor's cart, is prohibited. All food and merchandise shall be stored either inside or affixed to the cart, or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the cart, the overall space taken up by the Cart shall not exceed the size requirements provided in this chapter; and

12. The sidewalk vendor shall not display any signage without first obtaining the appropriate sign permits from the City Planning Division; and

13. No signage or advertising related to the sidewalk vendor and/or the vending operations shall be electrical, flashing, wind powered, animated; and

14. The sidewalk vendor shall display any and all required business and health licenses in a conspicuous fashion, attached to the vendor's cart; and

15. The sidewalk vendor shall remit all required and applicable taxes to the applicable taxing agencies; and

16. No vending shall occur within 500 feet of a Certified Farmers' Market, a Swap Meet, or an event held pursuant to a Special Events Permit; and

17. The sidewalk vendor shall not leave his or her sidewalk vending operation unattended; and

18. The sidewalk vendor shall not leave his or her sidewalk vending operation to solicit business for the vending operation; and

19. No equipment or objects used for sidewalk vending purposes may be left or maintained in public spaces or in any portion of the public right-of-way beyond the allowed hours of operation. Any equipment or objects left overnight in public spaces or in any portion of the public right-of-way will be considered discarded and may be seized or disposed of by the City, and may be grounds for termination of the sidewalk vending permit.

20. Sidewalk vendors that sell food shall maintain a trash container in or on their cart and shall not empty their trash into public waste containers, or private waste containers without the permission of the property owner. The size of the sidewalk vendor's trash container counts as part of the size limit of a cart.

21. The sidewalk vendor shall not contain or use propane, natural gas, batteries, or other explosive or hazardous materials. The vendor shall not use an open flame for the sidewalk vending operation; and 26249
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22. The sidewalk vendor shall not sell alcohol, marijuana, adult-oriented material, tobacco products, products that contain nicotine, or any product used to smoke/vape nicotine and/or marijuana, or any products not permitted to be sold in the zone in which the sidewalk vendor is located; and

23. No vending shall occur within 50 feet of any street intersection or crosswalk as measured from any point where curbs or edges of pavement meet within the subject intersection or crosswalk; and

24. No vending shall occur within 500 feet of private or public academic school attended by elementary, junior high, or high school pupils; and

25. No vending shall occur within 10 feet of any street lights, edges of tree wells, parking meters, or aboveground utility structures; and

26. No vending shall occur within 10 feet of any existing subsurface utility box, valve, or vault; and

27. No vending shall occur within 10 feet of another vendor; and

28. No vending shall occur within 10 feet of any bus stop locations, red curbs, fire hydrant, fire escape, loading zone, handicapped parking space or access ramp, or at locations where there are existing above-ground amenities such as newsstands or street furniture, including, but not limited to benches and bike racks; and

29. No vending shall occur in roadways, alleyways, medians, pedestrian islands, bikeways, or any other non-vehicular area located between curbs, or where curbs do not exist, road edges, of the area identified as the public right-of-way; and

30. No vending shall occur within 25 feet of a doorway to any building, store, theater, movie house, house of worship, or place of public assembly; and

31. No vending shall occur with 200 feet of City Hall, any police station, or any fire station; and

32. In parks (as that term is defined in this chapter), no vending shall occur within 50 feet of any shade structures, benches, trash receptacles and enclosures, picnic table areas, sports fields and associated fences and spectator seating areas, playground areas, or specialized sport facilities (i.e. skateboarding facilities, pools, tennis and basketball courts, gym equipment, and other similar facilities).

33. No vending shall occur within 100 feet of any posted park facility rental, whether indoors or outside.

34. No vendors shall use expanded polystyrene (Styrofoam) food service ware; and

35. The sidewalk vendor shall not transact business with patrons in vehicles, including, but not limited to vehicles parked on public or private property or public right-of-way, or stopped temporarily in the public right-of-way; and

36. No vending shall occur within 200 feet of a freeway onramp or off-ramp; and

37. No vending shall occur within 30 feet of an automated teller machine.

B. Specific standards and requirements.In addition to the generally applicable standards and requirements in Subdivision A above, sidewalk vendors shall also comply with the specific standards and requirements as applicable in Section 5.50.080.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.080 Specific sidewalk vending standards and requirements.

A. Stationary sidewalk vending.In addition to the standards and requirements in Section 5.50.070, all stationary sidewalk vendors shall meet the following:
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1. Stationary sidewalk vendors and all aspects of their operations, including but not limited to, any cart, any associated equipment, and any space occupied by the vendor or their employees, shall not occupy a space exceeding horizontal dimensions of a square measuring six feet by six feet. No Cart, or any associated equipment shall exceed a height of four feet; and

2. Stationary sidewalk vendors shall be prohibited from operating or establishing in any and all exclusively residential zones of the City; and

3. Stationary sidewalk vendors may operate in nonresidential zones of the City, including mixed use zones, with the exception of the exclusively residential portions of horizontally mixed-use zones, such as MU 5.1; and

4. Stationary sidewalk vending shall only be conducted no earlier and no later than the hours of operation of "brick-and-mortar" businesses located on the same street and within 200 feet of the stationary sidewalk vendor. If no businesses operate on the same street or are located within 200 feet of the stationary sidewalk vendor, stationary sidewalk vendors operating in nonresidential zones of the City shall only operate between the hours of 8:00 a.m. and sunset of every day.

B. Roaming sidewalk vending.In addition to the standards and requirements in Section 5.50.070, all roaming sidewalk vending shall meet the following:

1. Roaming sidewalk vendors shall not use any cart which exceeds a total height of four feet, a total width of three feet, and a total length of five feet; and

2. Roaming sidewalk vending hours for zones with any residential development, conforming or otherwise; shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, and between the hours of 10:00 a.m. and 6:00 p.m. on the weekend; and

3. Roaming sidewalk vendors for nonresidential zones shall only be conducted no earlier and no later than the hours of operation of businesses on the same street and within 100 feet of the roaming sidewalk vendor. If no businesses operate on the same street or are located within 100 feet of the roaming sidewalk vendor, roaming sidewalk vendors in nonresidential zones of the City shall only operate between the hours of 8:00 a.m. and sunset of every day.

C. Sidewalk vending In parks.In addition to the standards and requirements in Section 5.50.070 and, as applicable, the standards and requirements in Sections 5.50.080 and 5.50.090, all sidewalk vending in parks shall meet the following:

1. Sidewalk vending of food or merchandise by stationary sidewalk vendors or by roaming sidewalk vendors is prohibited in the following parks:
a. Park Semper Fi, Marine Monument
b. Richard T. Steed Memorial Park
c. Ole Hanson Beach Club
d. Trails; Forster Ranch Ridgeline, Sea Summit at Marblehead, Rancho San Clemente, Talega, Beach Trail
e. Municipal Golf Course
f. Municipal Pier

2. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any park with a concession stand operated by a vendor under exclusive contract with the City selling food or merchandise.
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3. Sidewalk vendors shall not begin operations prior to one hour after the park opens and shall cease operations one hour prior to the close of the park. The term "operations' in the context of this standard includes setting up and taking down carts and other activities associated with vending, even if not explicitly engaged in the act of selling merchandise. (Ord. No. 1680, § 4, 9-18-2019)

5.50.090 Suspension and revocation of sidewalk vending permit.

A. Causes for suspension or revocation.A sidewalk vendor permit issued under this chapter may be suspended or revoked by the License Collector after four or more violations of this chapter in accordance with Section

5.50.110, subdivision B.1.d, at their discretion, for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit; or

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice.Notice of the suspension or rescission of a sidewalk vendor permit issued under this chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C. Future permits.No person whose sidewalk vending permit has been revoked pursuant to this chapter shall be issued a sidewalk vending permit for a period of two years from the date revocation becomes final. (Ord. No. 1680, § 4, 9-18-2019)

5.50.100 Appeal.

A person wishing to appeal a determination of the License Collector, or their designee, or to appeal a citation issued pursuant to this chapter, may file an appeal per Chapter 1.20, Administrative Fines. (Ord. No. 1680, § 4, 9-18-2019)

5.50.110 Penalties and enforcement.

A. Violation.It is unlawful for any person to violate any provision or fail to comply with any requirements of this chapter.

B. Administrative fines.

1. Any violation of this chapter committed with a valid permit shall be punishable as provided below:
a. For the first violation, an administrative fine not exceeding $100.00, b. For a second violation within one year of the first violation, an administrative fine not exceeding $200.00.
c. For a third or subsequent violation within one year of the first violation, an administrative fine not exceeding $500.00.
d. For a fourth or subsequent violation, the Director may rescind or suspend the permit as provided in Section 5.50.090.

2. Any violation of this chapter committed without a valid permit shall be punishable as provided below:
a. For the first violation, an administrative fine not exceeding $250.00. 26552
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(Supp. No. 61, Update 2)

b. For a second violation within one year of the first violation, an administrative fine not exceeding $500.00.
c. For a third or subsequent violation within one year of the first violation, an administrative fine not exceeding $1,000.00.

3. Upon proof of a valid permit, the administrative fines set forth in Subdivision B.2 (fines without a valid permit) shall be reduced to the fines set forth in Subdivision B.1 (fines with a valid permit.) C. Additional and alternative penalties.

1. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this section shall not be assessed.

2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

3. Failure to pay an administrative fine pursuant to this section shall not be punishable as an-infraction or misdemeanor.

D. Ability-to-pay determination.

1. When assessing an administrative fine pursuant to Subdivision B, the Enforcement Officer shall take into consideration the person's ability to pay the fine. If deemed appropriate, the Enforcement Officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination.

2. The person may request an ability-to-pay determination at an appeal hearing, or make a request by submitting a written request to the City Clerk while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

3. If the person meets the criteria described in Government Code section 68632, subdivision (a) or (b), the City shall accept, in full satisfaction, 20 percent of the administrative fine imposed.

E. Violations before SB 946.A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

F. Health codes.Nothing contained herein shall be construed to impede the City's or County's ability to enforce County Health Department codes and regulations.
(Ord. No. 1680, § 4, 9-18-2019)

5.50.120 Severability.

If any provision or clause of this chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses or applications of this chapter which can be implemented without the invalid provision, clause or application, it being hereby expressly hereby declared that this chapter, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, adopted, and/or ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses, and/or phrases be declared invalid or unconstitutional. (Ord. No. 1680, § 4, 9-18-2019)
26653
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: October 15, 2024 Agenda Item: (1)
267
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, October 1, 2024
City Council
Regular Meeting Minutes
5:00 p.m. - Closed Session
6:00 p.m. - Business Meeting
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Duncan
Councilmember Knoblock
Councilmember Loeffler
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on October 1, 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 Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 5-0, to recess to Closed Session at 5:01 p.m. to discuss the following:

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

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

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

1. Real Property Negotiations: 150 Avenida Magdalena (APN 060-101-05) and 721 Avenida Salvador (APN 690-502-16)
Property: Wireless tower facilities located on City properties at the Municipal Golf Course site and at the Salvador Water Reservoir (aka Crown Castle Sites 823239 and 879058)

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City Negotiators: Andy Hall, City Manager and Jonathan Lightfoot, City Planner
Negotiating Parties: Crown Castle and MD7
Under Negotiation: Price and terms
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Closed Session concluded at 5:29 p.m.

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

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

PLEDGE OF ALLEGIANCE
Emmet Maloney led the Pledge of Allegiance.

1. Special Presentations
A. Registrar of Voters - Voter Integrity
This item was removed from the agenda.

B. Presentation of Proclamation - Code Enforcement Officer Appreciation Week
Mayor Cabral presented a proclamation to Danielle Sorahan, Code Compliance Manager, and Adam Atamian, Community Development Director, proclaiming October 6-12, 2024 as Code Enforcement Officer Appreciation Week.

C. Presentation of Proclamation - Wildfire Awareness Season Mayor Cabral and the City Council presented a proclamation to Orange County Fire Authority Division Chief Maule proclaiming Mid-summer through Early Autumn 2024 as Wildfire Awareness and Prevention Season.

D. Presentation of Proclamation - Fire Prevention Week
Mayor Cabral and the City Council presented a proclamation to Orange County Fire Authority Division Chief Maule proclaiming October 6-12, 2024 as Fire Prevention Week.

E. Hispanic Heritage Month
Mayor Cabral and the City Council presented a proclamation to Mario Rodriguez in recognition of Hispanic Heritage Month and his contributions to the community.

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2. Council Member Reports
Councilmember Knoblock:
· Reported that he and the City Manager participated in interviews held on September 26, 2024, for firms being considered for the offshore sand source investigation.

Mayor Pro Tem Enmeier:
· Reported that he was in the San Clemente High School Homecoming Parade on September 20, 2024.
· Attended the Cal Cities Coastal Advisory Committee meeting on September 19, 2024.
· Attended the Pet Project Foundation’s Fur Ball Gala on September 22, 2024.

Councilmember Loeffler:
· Attended the San Clemente Chamber of Commerce Pre-Deployment Barbecue held on September 27, 2024 for the City’s adopted Marine Unit 2nd Battalion 4th Marines.
· Visited Shorecliffs area to view the site of an upcoming project to address water quality.
· Acknowledged Deputy Griggs and Deputy Lecia who located a vehicle suspected of drug trafficking.

Councilmember Duncan:
· Attended the San Clemente Chamber of Commerce Pre-Deployment Barbecue held on September 27, 2024 for the City’s adopted Marine Unit 2nd Battalion 4th Marines.
· Attended the Casa Romantica "Toast to the Casa" on September 21, 2024. · Commented on the importance of the Orange County Fire Authority (OCFA) girls empowerment camp on September 28-29, 2024.

Mayor Cabral:
· Spoke at three homeowners association meetings concerning Measure BB - San Clemente Beach Protection, Restoration, Clean Ocean Measure. · Attended a meeting at the San Clemente Chamber of Commerce concerning Measure BB on September 23, 2024.
· Attended the North Beach candidate forum on September 24, 2024. · Attended the Chabad Jewish Center candidate forum and memorial for the October 7, 2023 attacks on Israel on September 24, 2024. · Spoke at the 59th annual Orange County Mayors Prayer Breakfast on September 27, 2024.
· Attended the SC Chamber of Commerce Pre-Deployment Barbecue held on September 27, 2024 for the City’s adopted Marine Unit 2nd Battalion 4th Marines.
· Attended the Hispanic 100 Lifetime Achievement Award given to Eduardo Verastegui for his film “The Sound of Freedom” on September 28, 2024.

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3. Oral Communications (Part 1)
Emmet Maloney requested that the City place additional waste receptacles at Linda Lane Beach.

Robert Brathwait, San Clemente, recognized the City for its support of the new Hoag Health Center in San Clemente which will include primary care, urgent care and specialty services.

Mary H. expressed concerns regarding election integrity; urged the City Council to adopt a resolution addressing election integrity. Submitted a sample resolution to the City Council, a hard copy of the Resolution is on file with the City Clerk.

George A. read the first portion of a resolution as it relates to election integrity.

Linda M. read the second portion of a resolution as it relates to election integrity.

Catherine R. read the third portion of a resolution as it relates to election integrity.

Lisa H. expressed concerns regarding election integrity.

Urson R. commented on the voter roll in California; urged the City to adopt a resolution regarding election integrity.

Lynne M. expressed concerns regarding election integrity.

Cheryl expressed concerns regarding election integrity.

Shellie O. expressed concerns regarding election integrity.

Joe Wilson commented on sand placement on San Clemente beaches; expressed concerns regarding potential armoring of the railway by the Orange County Transportation Authority (OCTA).

Susie Lantz, San Clemente Chamber of Commerce, displayed a photograph and provided an update on upcoming events and items of community interest. a hard copy of the photograph is on file with the City Clerk.

Louise Herbert, San Clemente, commented on Councilmember Knoblock's prayer at Calvary Chapel concerning Capistrano Unified School District Board of Directors Candidates; urged the Council to focus on City business.

MEETING RECESS
The meeting was recessed at 7:08 p.m. and reconvened at 7:16 p.m. with all City Councilmembers present.

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City Council Regular Meeting Minutes October 1, 2024
Angela Watts, San Clemente, spoke in support of the removal of item 10A - Consideration of a Resolution Affirming Voting Integrity for Elections; urged the Council to address matters that are important to residents.

Suzanne Mooneyham expressed concerns regarding politics in the United States as it relates to the November 5, 2024 election.

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

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

5. Consideration of agendizing items requiring immediate action None.

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

Direction given; no reportable action concerning:

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

Direction given; no reportable action concerning:

1. Real Property Negotiations: 150 Avenida Magdalena (APN 060-101-05) and 721 Avenida Salvador (APN 690-502-16)
Property: Wireless tower facilities located on City properties at the Municipal Golf Course site and at the Salvador Water Reservoir (aka Crown Castle Sites 823239 and 879058)
City Negotiators: Andy Hall, City Manager and Jonathan Lightfoot, City Planner
Negotiating Parties: Crown Castle and MD7
Under Negotiation: Price and terms

7. Staff Communications
City Clerk Campagnolo provided information regarding the upcoming General Municipal Election on November 5, 2024. This is the City's first by-district election and registered voters in districts 3 and 4 will be eligible to vote for a Councilmember. Citywide registered voters will be able to vote for Measure BB - San Clemente Beach Protection, Restoration, Clean Ocean Measure. Ballot drop boxes are available throughout the City and the Community Center will be open beginning October 26, 2024 for in person voting and additional voting sites

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City Council Regular Meeting Minutes October 1, 2024
are available November 2 - 5, 2024.

8. Public Hearings
None.

9. Unfinished Business
None.

10. New Business
10A. CONSIDERATION OF A RESOLUTION AFFIRMING VOTING INTEGRITY FOR

ELECTIONS
This item was removed from the agenda and therefore was not considered. 10B. CONTRACT AMENDMENT - SOLID WASTE HANDLING SERVICES FOR TWO MONTHS, SETTING A PROPOSITION 218 HEARING FOR NOVEMBER 19, 2024 TO SET RATES, AND FINDING THE CONTRACT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Public Works Director/City Engineer Rebensdorf reviewed the contents of the Administrative Report and responded to City Council inquiries.

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

Adopt Resolution No. 24-152, which will:

1. Find the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR 15301) of the state CEQA Guidelines.

2. Approve Amendment No. 4 to the Agreement with CR&R Incorporated to continue Solid Waste Handling services for two months.

3. Approve, and authorize the City Manager to execute, Amendment No. 4 to Contract No. C87-62, by and between the City of San Clemente and CR&R Incorporated, to continue Solid Waste Handling services for two months.

4. Setting a Proposition 218 Hearing for November 19, 2024 to review the Cost-of-Service Study, hear any protests and set rates.

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

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City Council Regular Meeting Minutes October 1, 2024

11. Consent Calendar
City Clerk Campagnolo announced that there was a change to item 11H - Contract Award - Storn Drain Gravity Main SWGM-16135 Repairs; Approving a Supplemental Appropriation in the Amount of $735,000 from the Storm Drain Fund; and Finding the Project Categorically Exempt from the California Environmental Quality Act, attachment 2 (Contract), which is available for the public to review.

A. City Council Minutes
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF SEPTEMBER 17, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) COASTAL ADVISORY COMMITTEE REGULAR MEETING MINUTES OF JULY 18, 2024.
(2) PLANNING COMMISSION SPECIAL MEETING MINUTES OF AUGUST 21, 2024.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF AUGUST 27, 2024.
(4) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF SEPTEMBER 5, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
C. Warrant Register
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3111 THROUGH 3115 AND WARRANT NOS.
599208 THROUGH 599340, PAID ON
9-6-24, IN THE AMOUNT OF $2,813,581.99
(2) APPROVE WIRE TRANSFER NOS.
3116 THROUGH 3117 AND WARRANT NOS.
599341 THROUGH 599499, PAID ON
9-13-24, IN THE AMOUNT OF $3,143,217.56

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(3) APPROVE WIRE TRANSFER NOS.
3118 THROUGH 3121 AND WARRANT NOS.
599500 THROUGH 599626, PAID ON
9-20-24, IN THE AMOUNT OF $1,984,696.44
TOTAL WARRANT REGISTER $7,941,495.99
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Payroll Register
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to approve the following:

WARRANT NO. 949 AND AUTOMATIC
DEPOSIT ADVISES 97051
THROUGH 97396, FOR THE PERIOD
8-19-24 THROUGH 9-1-24, PAID
ON 9-6-24, IN THE AMOUNT OF $514,393.07
WARRANT NOS. 950 THROUGH 952 AND
AUTOMATIC DEPOSIT ADVISES 97397
THROUGH 97737, FOR THE PERIOD
9-2-24 THROUGH 9-15-24, PAID
ON 9-20-24, IN THE AMOUNT OF $521,175.25
TOTAL PAYROLL REGISTER $1,035,568.32
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11D. ADOPT ORDINANCE NO. 1780 (SECOND READING) - ESTABLISHING

CITYWIDE POSTED SPEED LIMITS AND FINDING THE ORDINANCE

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Ordinance No. 1780 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN CLEMENTE MUNICIPAL CODE TITLE 10 VEHICLES AND TRAFFIC, CHAPTER 10.16 TO ESTABLISH CITYWIDE POSTED SPEED LIMITS AND

FINDING THE ACTION CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

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

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City Council Regular Meeting Minutes October 1, 2024
11E. ADOPT ORDINANCE NO. 1781 (SECOND READING) - CONFLICT OF

INTEREST CODE
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Ordinance No. 1781 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTER 2.24 OF THE MUNICIPAL CODE OF THE CITY OF SAN
CLEMENTE TO ADD SECTION 2.24.010, RELATING TO THE CONFLICT OF INTEREST CODE.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11F. CONTRACT AMENDMENT - MUNICIPAL CITATION LEGAL SERVICES AND

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

Adopt Resolution No. 24-153, which will:

1. Approve the first amendment to the Municipal Citation Legal Services agreement with Civica Law Group, APC, in an amount not to exceed $144,000 for FY 2024-25 and FY 2025-26.

2. Approve an additional appropriation in the amount of $44,400 for the first amendment to the Municipal Citation Legal Services agreement with Civica Law Group, APC.

3. Approve the first amendment to the Code Enforcement Legal Services agreement with Civica Law Group, APC, and its updated rate schedule, with attorney/legal fees not to exceed $186,000 per fiscal year.

4. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-11, by and between the City of San Clemente and Civica Law Group, APC, providing for Municipal Citation Legal Services, in an amount not to exceed $144,000 for FY 2024-25 and FY 2025-26.

5. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-10, by and between the City of San Clemente and Civica Law Group, APC, providing for Code Enforcement Legal Services, in an amount not to exceed $186,000 per fiscal year.

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

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City Council Regular Meeting Minutes October 1, 2024
11G. CONTRACT AWARD - COMPLETION OF THE FEDERALLY MANDATED AMERICAN WATER INFRASTRUCTURE ACT OF 2018 (AWIA) PROJECT

UPDATES, INCLUDING THE RISK AND RESILIENCY ASSESSMENT (RRA) AND THE EMERGENCY RESPONSE PLAN (ERP); AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No. 24-154, which will:

1. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 9 (Inspections, 14 CCR section 15309 of the State CEQA Guidelines).

2. Approve the agreement for sharing consultant costs with Metropolitan Water District of Orange County and Herndon Solutions Group for the federally required America's Water Infrastructure Act AWIA updates.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 55, a shared services consultant agreement, by and between the City of San Clemente and Metropolitan Water District of Orange County and Herndon Solutions Group, for sharing consultant costs with for the Federally required America's Water Infrastructure Act (AWIA) updates, in an amount not to exceed $66,700.

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

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City Council Regular Meeting Minutes October 1, 2024
11H. CONTRACT AWARD - STORM DRAIN GRAVITY MAIN SWGM-16135 REPAIRS; APPROVING A SUPPLEMENTAL APPROPRIATION IN THE
AMOUNT OF $735,000 FROM THE STORM DRAIN FUND; AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
City Clerk Campagnolo announced that there was a change to item 11H - Contract Award - Storm Drain Gravity Main SWGM-16135 Repairs; Approving a Supplemental Appropriation in the Amount of $735,000 from the Storm Drain Fund; and Finding the Project Categorically Exempt from the California Environmental Quality Act, attachment 2 (Contract), which is available for the public to review.

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

Adopt Resolution No. 24-155, which will:

1. Approve a supplemental appropriation in the amount of $735,000 from the Storm Drain Fund into Account No. 059-553-43420-000-26001, which will be by a loan from the Local Drainage Fund in an amount up to $735,000 from the Catch Basin and Storm Drain projects.

2. Award a contract to Diamond Construction & Design, as the lowest responsible and responsive bidder, for the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 56, by and between the City of San Clemente and Diamond Construction & Design, providing for the Storm Drain Gravity Main SWGM-16135 Repairs, in an amount not to exceed $573,637 in a form substantially similar to Contract No. C24-56 (Revised Attachment 2).

4. Approve a 19% construction contingency of $109,000 for this Project.

5. Find the Storm Drain Gravity Main SWGM-16135 Repairs, Project No. 26001, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.

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

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City Council Regular Meeting Minutes October 1, 2024
11I. CONTRACT AWARD - PAVEMENT PRESERVATION PROGRAM - CRACK FILLING; AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

Adopt Resolution No. 24-156, which will:

1. Find the Pavement Preservation Program - Crack Filling, CIP Project No. 25304, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Pavement Preservation Program - Crack Filling, CIP Project No. 25304, contract to Roy Allan Slurry Seal, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 57, by and between the City of San Clemente and Roy Allan Slurry Seal, Inc., providing for the Pavement Preservation Program - Crack Filling, in an amount not to exceed $125,595, in a form substantially similar to Contract No. C24-57 (Attachment 3).

4. Approve a 15% construction contingency of $18,840 for this project.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11J. CONSIDERATION OF THE FY 2024-25 BEACHES, PARKS & RECREATION

COMMISSION WORK PLAN
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 24-157 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING THE BEACHES, PARKS AND RECREATION COMMISSION FY 2024-25 WORK PLAN.

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

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City Council Regular Meeting Minutes October 1, 2024
11K. CONSIDERATION OF COUNCILMEMBER TRAVEL AND TRAINING

EXPENSES
Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to Authorize an expenditure of up to $3,150 related to City Councilmembers’ attendance at the League of California Cities 2024 Annual Conference and Expo.

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

12. Oral Communications (Part 2)
None.

13. Future Agenda Items
None.

14. Reports
A. Commissions and Committees
(1) CONSIDERATION OF ESTABLISHING A CITY COUNCIL SUBCOMMITTEE

TO OVERSEE SELECTION OF MULTI-YEAR TREE TRIMMING

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

Mike Palat, West Coast Arborists, commented on the reason that an amendment was needed for the contract for tree trimming services.

Motion by Councilmember Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to take no action.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Council Subcommittee Updates
Coastal Animal Services Authority
Mayor Pro Tem Enmeier displayed a photograph of Bootsy, an adoptable cat at the Coastal Animal Services Authority. A hard copy of the photo is on file with the City Clerk.

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City Council Regular Meeting Minutes October 1, 2024
Sand Placement on San Clemente Beaches
Mayor Cabral narrated a PowerPoint presentation showing the progress of sand placement at the Pier and North Beach and areas that need sand placement. A hard copy of the presentation is on file with the City Clerk.

C. City Attorney
City Attorney Mitchell announced that her firm, Burke, Williams and Sorensen, were sponsors of the Pet Project Foundation's Fur Ball Gala on September 22, 2024.

D. City Manager
None.

15. Adjournment
Motion by Mayor Cabral, second by Councilmember Knoblock, CARRIED 5-0, to adjourn in memory of Denise Ware, Retired Senior Volunteer Program (RSVP), at 7:40 p.m. The next Regular Meeting will be held on October 15, 2024. Closed Session will begin at 5:00 p.m. The Business Meeting will commence at 6:00 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

281
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: October 15, 2024 Agenda Item: (1)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION ADJOURNED MEETING OF SEPTEMBER 18, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
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Attachment:

Notification:
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 15, 2024 Agenda Item: (2)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF SEPTEMBER 19, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 15, 2024 Agenda Item: (3)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 3, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
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CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
OCTOBER 3, 2024
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

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

Staff Present: Adam Atamian, Zoning Administrator
Jessica Gatny, Assistant Planner
Tamara Tatich, Office Specialist

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of September 19, 2024.

ZA Atamian received and filed the minutes for the regular meeting of September 19, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 24-200, AT&T Antenna, 401 Calle de los Molinos
A request for the Zoning Administrator to approve Development Permit (DP) 24-205 to allow a new roof-mounted dish antenna with support stand surrounded by a screening tower, located on the second-floor of an existing AT&T Telecommunications Building.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities).

Assistant Planner Jessica Gatny summarized the staff report and introduced Nima Honarbakht, applicant.
292
Minutes of the Zoning Administrator Regular Meeting September 19, 2024 Page 2 ZA Atamian asked the applicant if he had any comments. Mr. Honarbakht stated he appreciated the feedback and was able to fine-tune the project to its current form. Mr. Honarbakht confirmed with staff that the Conditions of Approval will be on the plans being submitted for a building permit.

ZA Atamian opened the public hearing.

ZA Atamian stated that he reviewed the Staff Report, and the Design Review Subcommittee Staff Report and the Minutes from that meeting. ZA Atamian asked the applicant if the treatment of the walls facing Avenida Pico and north, facing the Outlets property have stucco to match the existing stucco. ZA Atamian also asked about the Fiberglass Reinforced (RF) Panel Architectural Screen proposed for the east elevation facing Calle De Los Molinos and not provided west elevation not being stucco. Mr. Honarbakht confirmed that the stucco on the north and south elevations will match the existing building stucco, and that the only RF screen that allows the signal strength to penetrate 0is east-facing toward Calle De Los Molinos. If driving west on Avenida, traffic will only see stucco.

ZA Atamian asked for clarification of what the materials is used for the fiberglass, because the website only displayed a see-through grate, but there were also solid materials. Mr. Honarbakht stated he is waiting for samples from the representative to ensure that the materials will match the existing building. Mr. Honarbakht stated that he is confident that the manufactured high-grade plastic material will match the stucco based on how the panels are fabricated, and explained the finish process that will be completed in the field to identically match the surfaces. ZA Atamian confirmed that the panel is solid and manufactured to look similar to stucco in the color and texture, and that the process of matching is completed in the field.

ZA Atamian confirmed with staff that the antenna location was modified based on the recommendations by the Design Review Subcommittee, and acknowledged the plans show landscaping installations along the recessed arches along the Avenida Pico façade, stating that it is a great benefit for the project.

Having no further questions, ZA Atamian closed the public hearing ZA Atamian stated that he can support the proposed project based on the findings in the Resolution with the following changes to the Conditions of Approval:

Add Condition 5.14 to state: Prior to final inspection, the applicant shall provide a sample of the Fibergrate FRP Architectural Screen for review and approval by the City Planner prior to installation of the final panel. 293
Minutes of the Zoning Administrator Regular Meeting September 19, 2024 Page 3 Add Condition 1.18 to state: The west elevation of the tower addition will be finished in stucco to match existing building; and the north and south elevations of the tower.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301.e (Class 1.e: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA24-018 approving Development Permit 24-205, AT&T Telecommunications, 401 Calle De Los Molinos, subject to the Conditions of Approval with the above-references modifications.

5. NEW BUSINESS
None.

6. OLD BUSINESS
None.

7. ADJOURNMENT
The meeting adjourned at 3:17 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, October 17, 20024 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
__________________________________
Adam Atamian, Zoning Administrator
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2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 15, 2024 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3122 through 3123 and Warrant Nos.
599627 through 599787, paid on
9-27-24, in the amount of $1,870,089.10
..end
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: October 15, 2024 Agenda Item: 11D.

Submitted By: City Manager
Prepared By: Amir Ilkhanipour, Principal Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL CONSULTANT SERVICES AGREEMENT TO PACIFIC RAILWAY ENTERPRISES, INC. FOR THE PEDESTRIAN AUDIBLE WARNING SYSTEM (PAWS) REHABILITATION, CIP PROJECT NO. 25505, IN AN AMOUNT NOT TO EXCEED $248,481, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, AUTHORIZING A 10% PROJECT CONTINGENCY, AND

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

The design cost of $248,481 for the Pedestrian Audible Warning System Rehabilitation is within the approved budget of $2,000,000 from Account No. 001-617-45300-000-25505. Although, the budget may be reduced to $1,000,000 to reallocate funding to the Army Corp San Replenishment Project, anticipated at the end of the calendar year.

Summary:

The City’s current Pedestrian Audible Warning System (PAWS) is no longer supported by the original manufacturer as the company is now out of business. This has resulted in a decreasing supply of replacement inventory as parts fail. The proposed design contract with Pacific Railway Enterprises will culminate in an inventory and quantity list of necessary equipment for installation, a set of construction plans for implementation and all necessary permitting and approvals from both Southern California Regional Rail Authority (SCRRA) and Federal Railroad Administration (FRA) in preparation of equipment purchase and installation.

Before the City Council is consideration of awarding a Professional Consultant Services Agreement to Pacific Railway Enterprises, Inc. in the amount of $248,481, and authorizing the City Manager to increase the contract amount by 10%, if additional regulatory requirements or railroad permitting services become necessary for the PAWS Rehabilitation. 307
Meeting Date: October 15, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
Background:

On June 7, 2024, the City successfully
renewed its waiver with the FRA for
another five years (ending June 7, 2029)
whereby in exchange for a wayside horn
at each of seven (7) crossings along the
beach trail (shown on the Location Map),
the City has deployed a modified PAWS
system. However, the current electrical
equipment used to operate the PAWS
system is no longer in production as the
manufacturer is no longer in business.

This has led to an ever-increasing
shortage of replaceable parts for the
PAWS system. Should the PAWS system
for whatever reason cease to function, all
railway traffic through the City (see
Location Map) will be utilizing their horns
rather than the PAWS system to provide a
warning to pedestrians as trains approach
the crossings.

There currently exists only one FRA preapproved sole source system manufactured by Rio Grande Pacific
Technology, Inc., which is proposed to
replace the current PAWS system. This
system is deployed across various municipalities and is the only pre-fabricated solution. By going with a pre-approved system, the City can avoid going through a lengthy custom design (approximately 2 years or more) and approval process required by both FRA and SCRRA to design a custom system. This pre-approved system would be functional and supported by this 308
Meeting Date: October 15, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
new manufacturer for years to come, allowing the City to pre-order and stock its inventory with much needed spare parts in the event of emergency and failures.

Design is required to utilize the existing cabinets for the control system, and interconnection with the railroad signal system. To re-design the PAWS system with modern equipment that is readily available for replacement, and to provide regulatory approval and permitting, City staff prepared a Request for Proposals, contacted local consultants and advertised it on the PlanetBids website.

On April 12, 2024, only one proposal was received from Pacific Railway Enterprises, Inc. of Riverside, CA, in the amount of $248,481, which is fair and reasonable.

Pacific Railway Enterprises Inc. was the original designer of the current PAWS system and has the expertise and qualifications to complete this project. Staff reviewed the proposal and recommends approving a contract with Pacific Railway Enterprises, Inc. for this work. Staff also recommends a 10% project contingency, which would allow the City Manager to increase the contract amount, if necessary, for any unforeseen efforts needed in securing the regulatory and railroad permits or for revised design revisions required by the regulatory agencies.

The primary purpose of the contract with Pacific Railway Enterprises, Inc. will be to provide the City with a viable replacement and transfer of the City’s current PAWS equipment to the new system and ensure that all equipment to be installed has readily available replacement parts to provide for a robust and long-living system.

Upon completion of the system re-design, staff will advertise the recommended improvements as a bid package on the PlanetBids website to identify a qualified contractor for the procurement and installation of the new PAWS system. The contract with Pacific Railway Enterprises, Inc. includes construction and installation support services.

Council Options:
 Adopt Resolution No. 24-159, awarding a Professional Consultant Services Agreement to Pacific Railway Enterprises, Inc. for the Pedestrian Audible Warning System Rehabilitation project, authorizing the City Manager to execute the agreement, approving a 10% project contingency and finding the project categorically exempt from the California Environmental Quality Act.
 Modify and adopt Resolution No. 24-159.
 Provide alternative direction.
 Do not award the contract and discontinue use of the PAWS system.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. 309
Meeting Date: October 15, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation
Staff recommends that the City Council adopt Resolution No. 24-159, which would:

1. Determine that the project is categorically exempt from the California Environmental Quality Act under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines;

2. Award a professional consultant services agreement to Pacific Railway Enterprises, Inc. for the Pedestrian Audible Warning System Rehabilitation, CIP Project No. 25505;

3. Authorize the City Manager to execute a professional services contract (Attachment 2) with Pacific Railway Enterprises, Inc. in an amount not to exceed $248,481 for the Pedestrian Audible Warning System Rehabilitation, Project No. 25505; and,

4. Approve a 10% project contingency.
..recommendation
..end
Attachments:

1. Resolution No. 24-159

2. Draft Professional Consultant Services Agreement

3. Location Map of all established PAWS crossings
Notification:

All bidders.
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ATTACHMENT 1
4882-9904-3949 v1
RESOLUTION NO. 24-159

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL SERVICES CONTRACT TO PACIFIC
RAILWAY ENTERPRISES, INC. FOR THE

PEDESTRIAN AUDIBLE WARNING SYSTEM
REHABILITATION PROJECT, PROJECT NO. 25505,

AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT IN AN AMOUNT NOT TO EXCEED
$248,481, APPROVING A 10% PROJECT

CONTINGENCY AND DETERMINING THAT THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER CLASS 2 (REPLACEMENT OR
RECONSTRUCTION, 14 CCR 15302), SECTION 15302

OF THE STATE CEQA GUIDELINES
WHEREAS, on June 7, 2024, the City successfully renewed its waiver with the Federal Railroad Administration for an additional five years ending on June 7, 2029; and
WHEREAS, this system is allows for the City to enjoy the use of custom horns in place of wayside horns and train horns of passerby trains through the City; and
WHEREAS, the City’s current equipment deployed for its Pedestrian Audible Warning System (PAWS) is no longer supported by its original manufacturer and the City’s inventory of spare parts is being depleted without the ability to replacement its dwindling supply; and
WHEREAS, in April 2024, the City publicly advertised for a qualified and experienced design engineer to provide an engineered solution to its PAWS system; and
WHEREAS, on April 12, 2024, staff received one responsive proposal from Pacific Railway Enterprises, Inc. in the amount of $248,480.89 for the design, permitting, bid support and construction support services of the rehabilitation of the City’s PAWS system; and
WHEREAS, Pacific Railway Enterprises, Inc. has the expertise and qualifications to perform the work and its price is fair and reasonable.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
311
Resolution No. 23-159 Page 2
4882-9904-3949 v1
SECTION 1. That the above recitations are true and correct and incorporated fully herein.

SECTION 2. That based on substantial evidence in the record as a whole, the project is hereby determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR 15302), Section 15302 of the state CEQA Guidelines because it consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced, will have substantially the same purpose and capacity as the structure replaced, and will not have a direct or foreseeably indirect substantial impact on the environment.

SECTION 3. That the City Manager is authorized and directed to execute a professional services contract for the Pedestrian Audible Warning System Rehabilitation, CIP Project No. 25505, with Pacific Railway Enterprises, Inc. in an amount not to exceed $248,480.89, in a form substantially similar to that presented to the City Council on October 15, 2024.

SECTION 4. That a 10% project contingency is hereby approved and the City Manager is authorized to use the same as may be necessary and proper, including executing a contract amendment should it be necessary, for any unforeseen efforts needed in securing the regulatory and railroad permits.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
312
Resolution No. 23-159 Page 3
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-159 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
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1 55452.01100\31193624.5

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and Pacific Railway Enterprises, Inc., a California corporation, with its principal place of business at 3560 University Avenue, Suite F, Riverside, CA 92501 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional electrical and systems engineering and design consulting services for the Pedestrian Audible Warning System Rehabilitation project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from October 20, 2024 to October 20, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The 314
2 55452.01100\31193624.5
Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

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

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

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

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

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
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3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Jason Seccombe, Vice President

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

3.2.8 Consultant's Representative. Consultant hereby designates Jason Seccombe, Vice President, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement.

The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed 316
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from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred and Forty-Eight Thousand, Four Hundred and Eighty Dollars and Eight-Nine Cents ($248,480.89) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
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3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "D" of this Agreement.

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

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5.1 Termination of Agreement.

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

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

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

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

Consultant: Pacific Railway Enterprises, Inc.
3560 University Avenue, Suite F
Riverside, CA 92501
ATTN: Jason Seccombe, Vice President
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk/Amir Ilkhanipour,
Principal Civil Engineer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for 319
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any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

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

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, 320
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employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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

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

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

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

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

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

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

3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 321
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3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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

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

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

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

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

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

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all 322
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provisions stipulated in this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization
Pacific Railway Enterprises,
Inc., a California corporation
(“CONSULTANT”)
By:_____________________________
Jennifer Seccombe, CEO
Dated: __________________, 20____
By:_____________________________
Donovan James Hirsch, Secretary
Dated: __________________, 20____
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services for the City (collectively, the “Services”):
 Participate in preliminary start-up meetings
 60% Design
o Complete a 60% design package which shall include in-progress circuit plans detailing major equipment and their layout, draft specifications and a preliminary cost estimate.
o The specifications will outline requirements for responsive bidders. o Operations and Maintenance Manuals provisions will be drafted. o The design will leverage existing wayside electronic signs and pedestrian horn bollards.
o Modifications to the Southern California Regional Rail Authority (SCRRA) crossing houses will be incorporated in these design plans. Coordination with Positive Train Control Configuration Management changes will be addressed.  100% Design
o The Consultant will complete and provide a 100% design package that will contain a comprehensive circuit plan, detailed specifications, a refined estimate of the work scope for construction. This package will serve as the City’s full documentation for bidding.
 Final Signed Documents
o Any final edits of the 100% design package will be made and a final signed package will be prepared and provided to the City.
 Bidding Phase
o Provide up to 15 hours of Bid Support
 Design Support During Construction
o Provide up to 30 hours of Construction support and 15 hours of record drawing preparations
 Construction Inspection
o Provide up to 32 days of inspection during construction phase.

Specific tasks included in the Services are further detailed in Exhibit D of this Agreement. 324
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the services to the City’s satisfaction. Per Section 3.1.2 of this Agreement, the term of this Agreement shall be from October 20, 2024 to October 20, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 325
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 326
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

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

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

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

3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other 327
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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

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

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

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for each task as completed in the amount indicated below.

Service Compensation
Initial Project Meeting
 Kick off meeting and initial coordination efforts
$3,024.84
60% Design
 In-Progress circuit plans detailing major equipment and their layout
 Modifications to SCRRA crossing houses will be incorporated as-needed
 Coordination with Positive Train Control Configuration Management changes will be addressed
 Produce draft specifications to outline requirements to responsive bidders
 Warranty requirements to be specified
 Operations and Maintenance Manual provisions to be
detailed
$87,965.03
100% Design
 Comprehensive circuit plans to be completed
 Complete specifications to be further refined
 A refinement of the estimate of scope of work for construction and all other items in 60% Design to be completed
$66,600.68
Final Signed Documents
 Any remaining comments after 100% design to be resolved  Final signed documents to be prepared and provided
$20,532.68
Bidding Phase Support
 Provide up to 15 hours of Bidding support
$5,041.40
Construction Phase Support (Design Services)
 Provide up to 30 hours of Construction support
 Provide up to 15 hours of Record Drawing preparation
$9,984.90
Construction Inspection Services
 Provide up to 32 days of construction inspection
$55,331.35
Total $248,380.89
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: ________________________, 20____
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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Dije Court
El Portal
Corto Lane
Pier
T-Street
Lost Winds
Calafia
P.N. 25505
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0 650 1,300 2,600
Feet
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel: (949) 361-3600
Fax: (949) 361-8316
City of San Clemente LOCATION MAP

PEDESTRIAN AUDIBLE WARNING

SYSTEM REHABILITATION
ATTACHMENT 3
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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: October 15, 2024 Agenda Item: 11E.

Submitted By: Public Works
Prepared By: Shawn Ryan, Senior Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO

DIAMOND CONSTRUCTION AND DESIGN FOR THE PICO/PRESIDIO DIP REPLACEMENT, CIP PROJECT NO. 13411, IN AN AMOUNT NOT TO EXCEED $1,189,310, APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $140,000 FROM THE WATER FUND

DEPRECIATION RESERVE, AUTHORIZING THE CITY MANAGER TO EXECUTE THE

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

The estimated total construction cost of $1,512,707 is not within the available approved budget of $1,375,707 from the Water Fund Depreciation Reserve, Account Number 052-466-45300-000- 13411. A supplemental appropriation of $140,000 is needed from the Water Fund, Depreciation Reserve to include a contingency amount for the project. The supplemental appropriation will reduce the Water Fund Depreciation Reserve FY 2025 ending balance from approximately $4,325,000 to $4,185,000.

Summary:

Before the City Council is the award of a construction contract to Diamond Construction and Design, an amount not to exceed $1,189,310, plus a 15% construction contingency, for the Pico/Presidio DIP Replacement project.

Background:

The waterline and appurtenances in the Gateway
Village Plaza parking lot at 806 Avenida Pico have
met their useful life and need replacement. The
waterline was constructed in the early 1990s with
ductile iron pipe in highly corrosive soils and was not encased in polyethylene to protect the system from
corrosion. Numerous failures have occurred in recent
years, and the pipe needs to be replaced with a noncorrosive polyvinyl chloride (PVC). The project includes replacing water meters, fire hydrants,
backflow devices, and 2,000 linear feet of new PVC
water main. The project will be constructed during the
night due to the proximity of the high school and
commercial businesses to minimize disruptions to local businesses and interactions with the public.
334
Meeting Date: October 15, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
Staff prepared a bid package, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Bids were opened on August 19, 2024.

The bids ranged from $1,189,310 to $1,666,720 (see Table 1. Bid Summary below). The lowest responsive and responsible bidder was Diamond Construction and Design, with a total bid amount of $1,189,310.

Table 1. Bid Summary
Company Name Company Location Amount
Diamond Construction and Design San Clemente, CA $1,189,310 Big Ben Engineering Irvine, CA $1,397,630
O’Connell Engineering and Construction, Inc Winchester, CA $1,474,400 GCI Construction San Clemente, CA $1,666,720
Based on the lowest Base Bid, the total estimated project construction cost is summarized in Table 2 below:

Table 2. Expenditure Summary
Construction $1,189,310
Construction Management and Inspection $ 145,000
Contingency (15%) $ 178,397
Total Estimated Construction Cost $1,512,707
As state law and City policy require, the contractor must provide performance and payment bonds simultaneously with executing the construction contract. Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 24-160 (Attachment 1), awarding the Pico/Presidio DIP Replacement project Repairs to Diamond Construction & Design; approving a supplemental appropriation in the amount of $140,000 from the Water Fund Depreciation Reserve; authorizing the City Manager to execute a construction contract in an amount not to exceed $1,189,310; approving a 15% project contingency of $178,397; and finding the project categorically exempt from CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
 Modify and adopt Resolution 24-160.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-160 and put the project on hold.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to replacing an existing utility under Class 2 of the state CEQA Guidelines, Section 15302, Replacement or Reconstruction. A notice of exemption will be filed for this project. 335
Meeting Date: October 15, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-160, which will:
..recommendation

1. Find the Pico/Presidio DIP Replacement project Repairs, Project No. 13411, categorically exempt from the CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.

2. Approve a supplemental appropriation of $140,000 from the Water Fund Depreciation Reserve into Account No. 052-466-45300-000-13411;

3. Award a contract to Diamond Construction & Design, as the lowest responsible and responsive bidder, for the Pico/Presidio DIP Replacement project Repairs, Project No. 13411;

4. Authorize the City Manager to execute a contract with Diamond Construction & Design in an amount not to exceed $1,189,310 in a form substantially similar to Contract No. 24-59 (Attachment 2) for the Pico/Presidio DIP Replacement project Repairs, Project No. 13411; and

5. Approve a 15% construction contingency of $178,397 for this Project. ..end
Attachment:

1. Resolution No. 24-159

2. Contract No. C24-59
Notification:

All bidders.
336
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-160

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO DIAMOND

CONSTRUCTION AND DESIGN FOR THE

PICO/PRESIDIO DIP REPLACEMENT, CIP PROJECT
NO. 13411, IN AN AMOUNT NOT TO EXCEED
$1,189,310, APPROVING A SUPPLEMENTAL
APPROPRIATION IN THE AMOUNT OF $140,000

FROM THE WATER FUND DEPRECIATION RESERVE,

AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CONTRACT, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the waterline and appurtenances in the Gateway Village Plaza parking lot at 806 Avenida Pico have met their useful life and need replacement; and
WHEREAS, the project will replace water meters, fire hydrants, backflow devices, and 2,000 linear feet of new PVC water main; and WHEREAS, the City conducted formal competitive bidding for the Pico/Presidio DIP Replacement project, CIP Project No. 13411 (Project); and WHEREAS, on August 19, 2024, the City received four (4) bids ranging from $1,189,310 to $1,666,720 for the Project; and
WHEREAS, the lowest responsive and responsible bidder was Diamond Construction & Design of San Clemente, California, in the amount of $1,189,310, based on the base bid.

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 the Pico/Presidio DIP Replacement project, Project No. 13411 (Project), is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines because it consists of replacing existing public structures or facilities, involving negligible or no expansion of an existing or former 337
Resolution No. 24-160 Page 2
4882-9904-3949 v1
use and there is no possibility of a direct or foreseeable indirect significant impact on the environment.

SECTION 3. That a supplemental appropriation in the amount of $140,000 from the Water Fund Depreciation Reserve into Account 052-466-45300-000- 13411, is hereby approved.

SECTION 4. That the construction contract for the Pico/Presidio DIP Replacement project, CIP Project No. 13411, is hereby awarded to Diamond Construction & Design as the lowest responsive and responsible bidder, based on the Base Bids.

SECTION 5. That the City Manager is authorized and directed to execute a construction contract for the Pico/Presidio DIP Replacement project, CIP Project No. 13411, with Diamond Construction & Design in an amount not to exceed of $1,189,310, in a form substantially similar to that presented to City Council on October 15, 2024.

SECTION 6. That a 15% construction contingency of $178,397 for CIP Project No. 13411 is hereby approved. The City Manager is authorized to utilize the Project contingency to the extent necessary and proper.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
338
Resolution No. 24-160 Page 3
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-160 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

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
339
ATTACHMENT 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Diamond Construction & Design, a California general partnership with its principal place of business at 638 Camino De Los Mares, #H130-513, San Clemente, CA 92673 (“Contractor”). City and the Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

Pico/Presidio DIP Replacement, CIP Project No. 13411
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within ninety (90) working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract, and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of One Million, One Hundred Eighty-Nine Thousand, Three Hundred Ten Dollars ($1,189,310). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents. In no event shall approved additional work exceed the approved project contingency.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
340
ATTACHMENT 2
Instructions to Bidders
Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Contract
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City of San Clemente Public Works Department Office at 910 Calle Negocio, San Clemente, CA 92673 or may be obtained online at www.dir.ca.gov/DLSR and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

CITY OF SAN CLEMENTE
341
ATTACHMENT 2
By:_______________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 20____
_____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
_____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

DIAMOND CONSTRUCTION &
DESIGN, a California general
partnership (“CONTRACTOR”)
By:_____________________________
Stelian Onufrei, Partner
Dated: __________________, 20____
By:_____________________________
Adrian O’Brian, Partner
Dated: __________________, 20____

END OF CONTRACT
342
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: October 15, 2024 Agenda Item: 11F.

Department: Public Works
Prepared By: Belgin Cuhadaroglu, Senior Civil Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO HABITAT RESTORATION SCIENCE, INC. FOR THE AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENTS HABITAT RESTORATION, CIP PROJECT NOS. 22001 & 16004;

AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT IN AN AMOUNT NOT TO EXCEED $223,299; AND FINDING THE PROJECT CATEGORICALLY EXEMPT ..body FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

The estimated construction cost of $266,794 is within the available approved project budget of $265,669 from the Local Drainage Facilities Fund, Account No. 033-832-45300-000-16004 and $50,854 from Account No. 059-553-43420-000-22001.

Summary:

This project is to satisfy and comply
with the regulatory (i.e., Regional
Water Quality Control Board and
California Coastal Commission)
mitigation requirements for the
recently completed Avenida Montalvo
Canyon and Trail Improvements.

Before the City Council is the award of
a construction contract to Habitat
Restoration Science, Inc. for habitat
restoration and maintenance for a fiveyear period, in an amount not to exceed $223,299, plus a 15% project
contingency, for the Avenida Montalvo
Canyon and Trail Improvement Habitat
Restoration.
343
Meeting Date: October 15, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
Background:

The Montalvo Canyon outlet drains an area of
approximately 360 acres of a watershed in the
southwest portion of the City, as shown on the location map. The outlet near the ocean and the nearby trail
had experienced some erosion issues and needed
improvements to prevent further erosion of the bluff.

Prior to installation of the gabion baskets as a
mitigation measure for further erosion, environmental
permits had to be secured from the Army Corps of
Engineers, Regional Water Control Board (RWQCB)
and the California Coastal Commission (CCC),
demonstrating that the proposed project has the least
environmental impact. As part of the Coastal
Development Permit (CDP) and RWQCB approval
conditions, the City is required to perform and maintain, for five years, 0.13 acres of habitat restorations in the vicinity of the project per a Habitat Management Plan,
upon completion of the Avenida Montalvo Canyon and Trail Improvement. The habitat restoration generally consists of planting native plants and seeding, maintaining vegetation for five years, installation of temporary irrigation and removal of non-native plants.

Staff prepared a bid package, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. On October 3, 2024, the City received two bids, with Base Bids ranging from $223,299 to $427,400, as shown on the table below.

Vendor Name City Bid
Habitat Restoration Sciences Vista $223,299
Diamond Construction & Design San Clemente $427,400
344
Meeting Date: October 15, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 3
Based on the lowest bid, the total estimated project construction cost is summarized below:

Project Management and Administration $ 10,000
Construction Contract 223,299
Contingency (15%) 33,495
Total Estimated Construction Costs $266,794
As required by City policy and state law, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 3).

Project plans and specifications are on file in the City Clerk's Office.

To monitor and inspect the habitat restoration performance, per the project Plans and Specifications requirements by Habitat Restoration Sciences, Inc., a qualified arborist/biologist must monitor and inspect the habitat restoration for five years, before the restoration is accepted by the California Coastal Commission and RWQCB. Staff is currently doing a public advertisement to receive proposals for this work. Upon receipt of proposals and evaluation, staff will return to the City Council for approval of a Professional Consultant Services Agreement for the project’s monitoring and inspection of the habitat restoration.

Council Options:
 Adopt Resolution No. 24-161 (Attachment 1), awarding the Avenida Montalvo Canyon and Trail Improvement Habitat Restoration to Habitat Restoration Science, Inc.; authorizing the City Manager to execute a construction contract in an amount not to exceed $223,299; approving a 15% project contingency of $33,495; and finding the project categorically exempt from CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines.
 Modify and adopt Resolution 24-161.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-161 and determine an alternative way to meet regulatory requirements.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) as it pertains to a replacement of an existing storm drain line under Class 2 of the state CEQA Guidelines, Section 15302 - Replacement or Reconstruction. A notice of exemption will be filed for this project.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-161, which will:
..recommendation

1. Award a contract to Habitat Restoration Science, Inc., as the lowest responsible and responsive bidder, for the Avenida Montalvo Canyon and Trail Improvement Habitat Restoration, CIP Project Nos. 22001 & 16004;
345
Meeting Date: October 15, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 4

2. Authorize the City Manager to execute a contract with Habitat Restoration Science, Inc. in an amount not to exceed $223,299 in a form substantially similar to Contract No. 24-60 (Attachment 2) for the Avenida Montalvo Canyon and Trail Improvement Habitat Restoration, CIP Project Nos. 22001 & 16004;

3. Approve a 15% construction contingency of $33,495 for this Project; and

4. Find the Avenida Montalvo Canyon and Trail Improvement Habitat Restoration, CIP Project Nos. 22001 & 16004, categorically exempt from the CEQA under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines. ..end
Attachment:

1. Resolution 24-161

2. Draft Habitat Restoration Science, Inc. Contract (without attachments) Notification:

All bidders.
346
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 24-161

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO HABITAT
RESTORATION SCIENCE, INC. FOR THE AVENIDA

MONTALVO CANYON AND TRAIL IMPROVEMENTS
HABITAT RESTORATION, CIP PROJECT NOs. 22001
& 16004; AUTHORIZING THE CITY MANAGER TO

EXECUTE THE CONSTRUCTION CONTRACT IN AN
AMOUNT NOT TO EXCEED $223,299; AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the outlet near the ocean and the nearby trail had experienced some erosion issues and needed improvements to prevent further erosion of the bluff; and
WHEREAS, on November 9, 2023, the City installed gabion baskets that provide the least environmental impact for erosion control; and WHEREAS, the Coastal Development Permit and Reginal Water Quality Control Board permit for the project require that the City perform and maintain (for five years) 0.13 acres of habitat restorations in the vicinity of the project per a Habitat Management Plan; and
WHEREAS, the City conducted formal competitive bidding for the Avenida Montalvo Canyon and Trail Improvements Habitat Restoration, CIP Project Nos. 22001 & 16004 (Project); and
WHEREAS, on October 3, 2024, the City received two bids ranging from $223,298 to $427,400 for the Project; and
WHEREAS, the lowest responsive and responsible bidder was Habitat Restoration Science, Inc. of Vista, California, in the amount of $223,298, based on the low bid item.

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 the Avenida Montalvo Canyon and Trail Improvements 347
Resolution No. 24-161 Page 2
4882-9904-3949 v1
Habitat Restoration, Project No. 22001 &16004 (Project), is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines because it consists of replacing existing public structures or facilities, involving negligible or no expansion of an existing or former use and there is no possibility of a direct or foreseeable indirect significant impact on the environment.

SECTION 3. That the construction contract for the Avenida Montalvo Canyon and Trail Improvements Habitat Restoration, CIP Project No. 22001 &16004 (Project), is hereby awarded to Habitat Restoration Science, Inc. as the lowest responsive and responsible bidder.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract for the Avenida Montalvo Canyon and Trail Improvements Habitat Restoration, with Habitat Restoration Science, Inc. in an amount not to exceed of $223,298 in a form substantially similar to that presented to City Council on October 15, 2024.

SECTION 6. That a 15% construction contingency of $33,495 for Project No. 22001 & 16004 is hereby approved. The City Manager is authorized to utilize the Project contingency to the extent necessary and proper.

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

PASSED AND ADOPTED this _____ day of ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
348
Resolution No. 24-161 Page 3
4882-9904-3949 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-161 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
349
ATTACHMENT 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2024, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Habitat Restoration Sciences, Inc., a California corporation with its principal place of business at 1217 Distribution Way, Vista, CA 92081 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENTS
HABITAT RESTORATION, CIP PROJECT NOS. 22001 & 16004
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within five (5) years plus site prep time of about 30 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Two Hundred Twenty-Three Thousand and Two Hundred Ninety-Nine Dollars ($223,299). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents. In no event shall approved additional work exceed the approved project contingency.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $1,000 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Contract
350
55452.01510\32905704.2
2 Bid Form
Workers’ Compensation Insurance Certification
Bid Bond
Non-Collusion Declaration Form
Contractor Information and Experience Form
List of Subcontractors Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at City of San Clemente Public Works Department Office at 910 Calle Negocio, San Clemente, CA 92673 or may be obtained online at www.dir.ca.gov/DLSR and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
351
55452.01510\32905704.2
3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the respective dates set forth opposite of their signatures.

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

HABITAT RESTORATION SCIENCES,
INC., a California corporation
(“CONTRACTOR”)
By:_____________________________
Joseph Monaco, CEO
Dated: __________________, 20____
By:_____________________________
Helder Guimaraes, CFO
Dated: __________________, 20____

END OF CONTRACT
352
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: October 15, 2024 Agenda Item: 11G.

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

CONSIDERATION OF A RESOLUTION AWARDING A PROFESSIONAL SERVICES AGREEMENT TO

COASTAL FRONTIERS CORPORATION FOR OFFSHORE SAND SOURCE INVESTIGATION,

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $796,266, ACCEPTING RELATED GRANT FUNDING, MAKING A SUPPLEMENTAL APPROPRIATION,

AND FINDING THE PROJECT STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body
Fiscal Impact:

Approval of the Professional Services Agreement (PSA) will enable the City to retain Coastal Frontiers Corporation to conduct a sand source investigation for the offshore area using grant funds provided to the City through a California Coastal Commission grant executed in September 2024. Total compensation for these services shall not exceed $796,266. There may be some additional staff time associated with coordinating with the team conducting the offshore investigation. This effort to locate additional offshore sources of beach quality sand deposits is an identified high priority coastal resiliency task.

Summary:

Before the City Council is the award of a professional consulting services agreement to Coastal Frontiers Corporation to support the identification of offshore sand sources necessary to support continued San Clemente Coastal Resiliency Plan implementation actions, efforts, and projects, and related actions.

Background:

In 2022, the City Council reaffirmed that the development of additional coastal resiliency projects delivering sand to the City’s beaches remains a top near-term and long-term priority.

To date, the U.S. Army Corps of Engineers (USACE) Project placed 114,000 cubic yards of sand on the City’s beaches in Spring 2024. In Summer 2024, the City implemented is largest ever opportunistic sand project at North Beach, placing 37,000 cubic yards of sand sourced from the upper Santa Ana River. Renourishment events for the federal beach sand project are planned to occur every five to six years through 2074.

There are two other local beach sand projects currently in the works including one million cubic yards of sand as part of the City’s participation in the SANDAG Regional Beach Sand Project III and the OCTA plan to place 540,000 cubic yards of sand in San Clemente; neither of these projects have an identified sand source at this time.

Discussion:
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Meeting Date: October 15, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
The key coastal resource in the City is the sandy beach, which provides significant value to the community, region and state in terms of public enjoyment, no cost recreation, community wellbeing, quality of life, ecosystem services such as storm damage protection and coastal habitat for plants and animals.

A key recommendation of the 2021 Coastal Resiliency Plan was to identify additional sand sources that could be used to sustain a long-term, and comprehensive beach sand replenishment program. The USACE project utilized two offshore sand deposits. As a regional coastal resiliency leader, it is essential that the City begin to develop additional beach quality sand deposits in the offshore area that can be used to support beach sand replenishment programs in San Clemente. The CCC grant recently awarded to the City in 2024 will fully fund the identification of offshore sand borrow sites. The Professional Services Agreement under consideration will enable the City to retain a team of experienced experts to assist the City in locating more sand offshore of the City.

Council Options:
 Adopt Resolution No. 24-162, which would award a professional consulting services agreement to Coastal Frontiers Corporation, authorize the City Manager to execute the agreement, accept grant funding, make a related supplemental appropriation and find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) of the state CEQA Guidelines.  Modify and adopt Resolution No. 24-162.
 Continue the item and provide staff with an alternative direction.  Do not approve Resolution No. 24-162, which would result in the City not entering into an agreement with Coastal Frontiers Corporation.

Environmental Review/Analysis:

This project is statutorily exempt under CEQA Guidelines Section 15262 “Feasibility and Planning Studies”.

Recommended Actions:

Staff recommends that the City Council adopt Resolution No. 24-162, which would:
..recommendation

1. Find the project statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) of the state CEQA Guidelines;

2. Award a professional consulting services agreement to Coastal Frontiers Corporation for offshore sand source investigation;

3. Authorize the City Manager to execute the professional consulting services agreement (Attachment 1) in an amount not to exceed $796,266;

4. Accept grant revenues in the amount of $800,000 to account #001-000-33446 (Coastal Grant Revenue); and
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Meeting Date: October 15, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3

5. Make a supplemental appropriation of $800,000 to account number 001-433-43695 (Professional Studies).
..endAttachment:

1. Resolution No. 24-162

2. PSA with Coastal Frontiers Corporation
Notification:

All proposers
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ATTACHMENT 1
RESOLUTION NO. 24-162

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL SERVICES AGREEMENT FOR THE

OFFSHORE BORROW SITE INVESTIGATION TO

COASTAL FRONTIERS CORPORATION, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AGREEMENT IN
AN AMOUNT NOT TO EXCEED $796,266, ACCEPTING

RELATED GRANT FUNDING, MAKING A SUPPLEMENTAL

APPROPRIATION, AND FINDING THE PROJECT

STATUTORILY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
SECTION 15262 (FEASIBILITY AND PLANNING STUDIES)
..body OF THE STATE CEQA GUIDELINES
WHEREAS, coastal erosion is a very significant problem in the City of San Clemente that threatens the public beaches and coastal public access, key public facilities, existing structures, and critical public infrastructure; and WHEREAS, the City is actively developing a comprehensive, citywide coastal resiliency strategy using beach sand replenishment and sand retention as the primary means of restoring the sandy beach in the City; and
WHEREAS, based on emergency conditions on City beaches where there is no dry sand at high tide and public beaches, existing structures and critical public infrastructure including the railroad revetment is direct to direct wave attack and being undermined; and
WHEREAS, the City applied for, and was awarded, a grant from the California Coastal Commission to conduct an offshore borrow site investigation to identify new sand sources that could be used to sustain a long term and comprehensive sand replenishment program in the City; and
WHEREAS, pursuant to City policy 901-1, the City issued a Request for Proposals (RFP) in August 2024 and received several proposals and conducted interviews of all firms/teams submitting proposals; and
WHEREAS, Coastal Frontiers Corporation submitted the most responsive proposal based on cost, schedule, experience, and project understanding, is an experienced and qualified contractor with the qualifications to conduct the offshore sand source investigation on behalf of the City of San Clemente and its price is fair and reasonable.

NOW THEREFORE, the City Council of the City of San Clemente, California, does hereby find, determine, and resolve as follows:
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Resolution No. 24-162 Page 2
4890-6752-0111 v4

1. That the foregoing recitations are true, correct, and incorporated fully herein.

2. That the City Council desires to develop additional sand sources as close to the City of San Clemente as possible to sustain a long term and comprehensive beach sand replenishment program.

3. That, based on substantial evidence in the record as a whole, the project for offshore sand source investigation is statutorily exempt from the California Environmental Quality Act (CEQA) under Section 15262 (Feasibility and Planning Studies) of the state CEQA Guidelines.

4. That a professional consulting services agreement is awarded to Coastal Frontiers Corporation for offshore sand source investigation.

5. That the City Manager is authorized and directed to execute an agreement with Coastal Frontiers Corporation in an amount not to exceed $796,266 in a form substantially similar to that presented to the City Council on October 15, 2024.

6. That grant revenues in the amount of $800,000 are hereby accepted into account #001-000-33446 (Coastal Grant Revenue).

7. That a supplemental appropriation in the amount of $800,000 is made to account number 001-433-43695 (Professional Studies).

8. That City staff is authorized and directed to take such actions as are necessary or proper to fulfill the purpose and intent of this resolution and proceed with the project.

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

PASSED AND ADOPTED this 15
th day of October, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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Resolution No. 24-162 Page 3
4890-6752-0111 v4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-162 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
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CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE. This Agreement is made and entered into this 15th day of October, 2024, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and Coastal Frontiers Corporation, a California corporation, with its principal place of business at 882 A Patriot Drive, Moorpark, CA 93021 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS. 2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional consulting services for the South Orange County Regional Coastal Resiliency Investigation and City of San Clemente Local Coastal Program Update Task 1 project . 3. TERMS. 3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from October 15, 2024 to June 30, 2026, unless earlier terminated as provided herein. The City shall have the unilateral option, Attachment 2
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at its sole discretion, to renew this Agreement automatically for term set forth by city. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

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

Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, Consultant is solely
responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

The provisions of this section 3.2.2 are continuing obligations that shall survive expiration or 360
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termination of this Agreement.

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

3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where

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

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

The key personnel for performance of this Agreement are as follows: Greg Hearon, PE

3.2.7 City's Representative. The City hereby designates Leslea Meyerhoff, Contract Coastal Administrator, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

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

3.2.8 Consultant's Representative. Consultant hereby designates Greg Hearon, PE or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's 361
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Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

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

3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom.

Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where 362
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applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.13 Insurance.

C ncorporated
herein. Consultant shall require all subconsultants to carry the same policies and limits of insurance that the Consultant is required to maintain, unless otherwise approved in writing by the City.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed Seven Hundred Ninety-Six Thousand Two Hundred Sixty-Six Dollars ($796,266) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

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

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to wal as
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3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time, with or without cause, 364
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by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

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

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

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

Consultant: COASTAL FRONTIERS CORP.
882 A PATRIOT DRIVE
MOORPARK, CA 93021
ATTN: Greg Hearon, PE
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Leslea Meyerhoff, Contract Coastal Administrator and Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be 365
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prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

3.5.3.3 Confidential Information. The City shall refrain from releasing determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

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

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

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the 366
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prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all expenses.
any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.5.6.2 under Civil Code section 2782.8), then, and only to the extent required by Civil Code section to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent ercentage of fault.

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

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

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

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

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

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or 367
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transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

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

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

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

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

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

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

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant 368
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for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.

Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

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

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

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

3.6 Subcontracting.

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

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

APPROVED AS TO AVAILABILITY
OF FUNDING: _____________________________ Finance Authorization Coastal Frontiers Corp., a California Corporation
(CONSULTANT)
By:_________________________
Gregory E. Hearon, CEO/CFO
Dated: __________________
By:_________________________
Craig B. Leidersdorf, VP
Dated: _________________
10/9/2024
Oct 9 2024
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following services for the City

1. Background and Approach
The City of San Clemente has identified beach nourishment as a key component of their coastal resilience and seal level rise adaptation strategies. The primary objective of the Offshore Sand Source Investigation is to identify offshore borrow sites with suitable material to support multiple coastal resiliency efforts.

The investigation will be conducted in a sequential phased approach as listed below:

Task 1. Identify and Characterize Receiver Sites
Task 2. Identify Candidate Borrow Sites and Develop Field Exploration Plan Tasks 3 & 4: Execute Field Exploration Plan
Task 3: Marine Geophysical Survey
Task 4: Sediment Sampling
Task 5: Reporting
The exact scope of Tasks 3/4 will not be known until Tasks 1 and 2 are completed. The vibracore sediment sampling program will constitute the principal component of the Field Exploration Plan and is the key for delineating and characterizing suitable sand. The overarching objective will be to maximize the scope of the vibracore sediment sampling program (Task 4) with the available budget. The scope of work and cost to execute the Field Exploration Plan will be refined and optimized to fit the available budget by Consultant in collaboration with City staff after completion of Tasks 1 and 2. If geophysical surveys are not warranted for the candidate borrow sites, the vibracore program will be expanded within the available budget.

2. Methodology
Task 1: Identify and Characterize Receiver Sites
Coordinate with City staff and the California Coastal Commission to gain consensus for the receiver sites. Document the physical characteristics of the beach sand (grain size distribution) at each receiver site based on existing information. A Field sampling 371
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program will not be conducted as part of this task.

Deliverable: Concise memorandum describing physical characteristics of the beach sand (grain size distribution) at each receiver site based on existing information. A data appendix will include grain size distribution curves as available in the literature.

Task 2: Identify Candidate Borrow Sites and Develop Field Exploration Plan Potential offshore sand borrow areas will be identified using information in the public domain and the data acquired under Task 1. Sources will include prior investigations conducted by federal and state agencies, universities, local cities and counties (e.g., Fischer, et al., 1983; Osborne, et al., 1983; URS, 2009; US Army Corps of Engineers, 2012; Warrick, 2022)
Up to three candidate borrow sites will be selected for investigation among the areas identified in the literature review in consultation with City staff and the California Coastal Commission. It is anticipated that the sites will be selected based on proximity to proposed receiver sites, potential to provide adequate sand volume, potential to yield suitable material, and the likelihood of being able to utilize the borrow site (e.g., environmental issues, permitting issues, jurisdictional conflicts).

A Field Exploration Plan will be developed and submitted to City Staff for approval. The Plan will outline a vibracore sediment sampling program, address the potential need for geophysical surveys, and provide a first-order estimate of the range of sediment volumes that might be recovered from each site. The level of effort will be commensurate with the budget available to execute the Plan.

Sediment sampling will be performed using a marine vibracore. The need to conduct geophysical surveys will be evaluated based on the nature of historical information for each candidate site. It is anticipated that geophysical surveys only will be recommended in areas where historical information is not sufficient to reasonably confirm the presence of subsurface layers that may yield potentially suitable sand. If marine geophysical surveys are warranted at one of more of the candidate borrow sites, the surveys will target the upper 30 ft of sediment, as dredging operations will likely be limited beyond this depth. The geophysical surveys will include sub-bottom sonar, side-scan sonar, and single- or multi-beam sonar data acquisition, as warranted.

Deliverable: Concise report describing findings of the literature review, the potential borrow areas identified, the candidate borrow sites selected for investigation, and the 372
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Field Exploration Plan.

Tasks 3 & 4: Execute Field Exploration Plan
The Field Exploration Plan will be executed as part of Tasks 3 (Marine Geophysical Survey) and 4 (Sediment Sampling). Task 4 (Sediment Sampling) will form the principal component of the Exploration Plan. Task 3 (Geophysical Survey) will be conducted only to the extent necessary as outlined in the Field Exploration Plan (Task 2). If geophysical surveys are warranted for select sites, the surveys will be conducted prior to the sediment sampling program in order to provide guidance for sampling locations.

Prior to conducting the field work, a Sampling and Analysis Plan (SAP) will be prepared.

The SAP will include sample locations, physical and chemical testing protocols, and quality assurance/quality control procedures. A draft plan will be submitted to the Southern California Dredge Materials Management Team (DMMT) for approval prior to finalizing. Permits necessary to execute the Field Exploration Plan will be obtained.

These permits are anticipated to include a CA State Lands Commission Geophysical Survey Permit and a Geologic Sampling Permit.

Sediment cores will be obtained to determine the physical (grain size distribution) and chemical characteristics of the sediment at each candidate borrow site. The coring apparatus will be operated from a tug or similar vessel, and will be capable of achieving 20-ft penetration in sand-sized sediment unless otherwise specified in the Field Exploration Plan. The cores will be handled, sampled, archived, tested, and evaluated in accordance with the Sampling and Analysis Plan. QA/QC procedures specified in the SAP also will implemented.

Following completion of the field activities, a Sampling and Analysis Plan Report (SAPR) will be prepared which describes the field work and presents the results.

Deliverables:
o Sampling and Analysis Plan (SAP)
o Sampling and Analysis Plan Report(SAPR)
Vibracore logs, core photos, and penetration records
Grain size analysis results
Chemical testing results
Geophysical Survey Report (if surveys conducted)
Task 5: Reporting
A memorandum will be prepared that summarizes the suitability of the material for beach 373
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nourishment at the selected receiver sites. In addition, the useability and appropriateness of sediment for other identified adaptation options (e.g., dune restoration, living shorelines) will be addressed. Sediment quantities available at the candidate borrow sites will be estimated, and the ability to mine the candidate borrow sites on a single occasion or on multiple occasions in the future will be assessed. A draft memorandum will be submitted to City Staff and the California Coastal Commission. Following receipt of any comments, the memorandum will be finalized.

A final study report will be prepared that consolidates all deliverables prepared as part of the project. The report will provide the receiver site characterization results, describe the process of selecting candidate borrow sites, present the field investigation results, and provide conclusions and recommendations. In addition, the report will summarize information on terrestrial sediment sources provided by the City.

Deliverables:

Sand Source Compatibility Memorandum
Final Offshore Sand Source Investigation Report

3. Work Plan
The work will be conducted sequentially beginning with Task 1 and proceeding through Task 5. The actual scope of work for Tasks 3 & 4 will be formalized after Task 2 is complete. The objective will be to maximize the scope of the vibracore sediment sampling program (Task 4) based on the budget available. A list of the key deliverables for each task is provided in Table 1.

The following meetings and briefings are anticipated:

Regular Progress Meetings with City Staff via teleconference Up to two in-person Public Meetings at City.

Monthly written Progress Reports
As-requested Oral Briefings to City Project Manager via teleconference Up to two in-person Oral Presentations to City Council, Commission or City Manager
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Table 1. Key Deliverables
Task Deliverable
Task 1: Identify and Characterize
Receiver Sites
Memorandum describing the results
Task 2: Identify Candidate Borrow
Sites and Develop Field
Exploration Plan
Report describing findings of the literature review, potential borrow areas identified, candidate borrow sites selected, and a Field Exploration Plan
Tasks 3/4: Execute Field
Exploration Plan
Sampling and Analysis Plan (SAP)
Sampling and Analysis Plan Report(SAPR)
Geophysical Survey Report (if surveys conducted)
Task 5: Reporting Sand Source Compatibility Memorandum
Final Offshore Sand Source Investigation Report

4. Project Organization and Staffing
The team assembled for the work includes Coastal Frontiers Corporation (CFC), AECOM, Moffatt & Nichol, TEG Oceanographic Services, and TetraTech. CFC will provide project management, coastal engineering services, and will be lead author of the deliverables. Greg Hearon will be the project manager and key contact with the City.

Russ Boudreau of Coastal Frontiers will provide dredging and construction feasibility support. Dave Schug of AECOM will serve as the project geologist, while Chris Webb of Moffatt & Nichol will provide technical input on issues related to sand compatibility and permitting. TEG Oceanographic Services will be the offshore sediment sampling (vibracore) contractor and TetraTech will be responsible for conducting any geophysical surveys.

Key team members are committed for the duration of the project. In the event one of the key team members is unable to continue working on the project, a replacement will be submitted to the City in writing for approval.
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EXHIBIT "B"

SCHEDULE OF SERVICES
The Scope of Work for the Offshore Sand Investigation (Tasks 1 through 5) will be completed within 20 months of notice to proceed (NTP). The field data collection portions of Tasks 3 and 4 are highly weather sensitive and have been tentatively scheduled for the earliest recommended window - Spring/Summer 2025. It may be advantageous to shift the field data collection window to Summer/Fall 2025 when more favorable conditions may lead to less risk of weather downtime.

This option will be evaluated with City staff. Under this scenario, the study can still be completed within the 20-month performance period specified by the City. The schedule is summarized below and may be adjusted as agreed between the Parties.

Task Item Start Date
1 Identify and Characterize Receiver Sites October 15, 2024 2 Identify Candidate Borrow Sites November 1, 2024
Develop Field Exploration Plan December 15, 2024
3/4 Execute Field Exploration Plan
Permit Acquisition November 15, 2024
Prepare SAP February 1, 2025
Geophysical Surveys (if conducted) (earliest) April 1, 2025 Vibracore Sediment Sampling Program (earliest) May 1, 2025 5 Reporting
Sand Compatibility Memo September 1, 2025
Final Offshore Sand Source Investigation Report October 1, 2025 376
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377
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C

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits.

The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering non-owned and hired autos, or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
(D) Professional Liability (Errors & Omissions): Professional limits of not less than $1,000,000 per claim. Covered professional services shall specifically 378
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include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.

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

Additional Insured Endorsements shall not (1) be
restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement.
(B) Automobile Liability:

3.2.12.4 Professional Liability (Errors & Omissions):

3.2.12.5 Workers' Compensation:

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

3.2.12.7 Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability insurance shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City, its officials, officers, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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3.2.12.8 Deductibles and Self-Insured Retentions. Any deductible or selfinsured retention greater than $5,000 must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder.

3.2.12.13 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Appendix are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 380
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3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liabil
this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subc compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.

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

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COMPENSATION
Consultant shall keep to the project budget summarized in the tables below. The exact scope of Tasks 3/4 will not be known until Tasks 1 and 2 are completed. The scope of work and cost to execute the Field Exploration Plan will be refined and optimized to fit the available budget by Consultant in collaboration with City staff after completion of Tasks 1 and 2. Budget amounts may be reallocated among the Tasks with approval of City.

Task Description Cost
0 Project Administration, Meetings, Presentations $64,496.40 1 Receiver Site Selection and Characterization $40,098.00 2 Identify Candidate Borrow Sites and Develop Field Exploration Plan $47,060.00 3/4 Execute Field Exploration Plan $571,601.75
5 Reporting $73,010.00
Total $796,266.15
Table 1 - Task Summary
No. Description Labor Hrs ODC Total Costs
0 Project Administration, Meetings,
Presentations 230 $ 616.40 $ 64,496.40
1 Receiver Site Selection and Characterization 152 $ 7,918.00 $ 40,098.00 2 Identify Candidate Borrow Sites and Develop
Field Exploration Plan 188 $ - $ 47,060.00
3/4 Execute Field Exploration Plan (Marine
Geophysical Surveys and Sediment Sampling) * 946 $ 369,481.75 $ 571,601.75 5 Reporting 308 $ - $ 73,010.00
Totals = 1,824 $ 378,016.15 $ 796,266.15
*does not include labor hours for TEG Oceanographic Services of TetraTech. 382
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estimated based on mobilization/demobilization, day rates, and consumables. Detailed cost estimates for these tasks will be prepared once the actua
Table 2 - Consultant / Subconsultant Summary
Consultant / Subconsultant Labor Hrs ODC Total Cost % of Task Order
Coastal Frontiers Corporation 1,322 $ 72,364.15 $ 409,524.15 51.4% AECOM 426 $ 2,957.00 $ 60,907.00 7.6%
Moffatt & Nichol 76 $ 67.00 $ 23,207.00 2.9%
TEG Oceanographic * TBD TBD $ 224,228.00 28.2%
TetraTech * TBD TBD $ 78,400.00 9.8%
Totals = 1,824 $ 75,388.15 $ 796,266.15 100.0%
estimated based on mobilization/demobilization, day rates, and consumables. Detailed cost estimates for these tasks will be prepared once the actual scope of In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant on a time and materials basis for actual work performed based on the following rates. Total compensation shall not exceed $796, 266.15.

Coastal Frontiers Corporation (Full Rate Schedule Attached) 383
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COASTAL FRONTIERS CORPORATION RATE SCHEDULE
San Clemente Offshore Sand Source Investigation
Overtime will be charged at the standard hourly rates. Time spent travelling on behalf of the City also will be charged at the standard hourly rates, with the exception that no more than eight hours of travel will be charged in any one calendar day only if approved in writing in advance by the City.

These rates are not subject to escalation or adjustment until January 1st, 2026. If Consultant desires to utilize additional personnel whose classifications are not listed above in the performance of a project, their qualifications and hourly rates shall be submitted to the City for prior approval of participation.

Reimbursable expenses including Other Direct Costs and In House Equipment will be documented. No markup of direct expenses or subconsultants will be allowed.

In-House Equipment Rental
In-house equipment rental charges are made for the use of company-owned equipment dedicated to the performance of the project. Rates are as shown on the following page.

IN-HOUSE EQUIPMENT RENTAL RATES

ITEM DAILY RATE

IN-HOUSE EQUIPMENT RENTAL RATES

ITEM DAILY RATE
DIVING
Arctic Diving Equipment, per Diver ......................................................... $150 Non-Arctic Diving Equipment, per Diver .................................................... 55 Dry Suit (Without Other Diving Gear)......................................................... 50

HYDROGRAPHIC SURVEY
Odom Hydrotrac Echosounder .................................................................. 95 CeeEcho Shallow Water Echosounder .................................................... 100 Inflatable Boat and Motor ........................................................................ 225 Aluminum Boat and Motor ....................................................................... 500 TSS DMS2-05 Motion Sensor ................................................................. 160 SBG Ellipse Inertial Navigation System ................................................... 160 Pathfinder Pro XR GPS ........................................................................... 190 384
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Hemisphere VS-110 GPS/Heading System ............................................. 125 Hemisphere R-110 GPS ............................................................................ 90 Garmin GPSMap 196/78SC GPS .............................................................. 40 Castaway CTD ........................................................................................ 100 Seabird SBE19 CTD ................................................................................. 80 Ruggedized Data Acquisition Computer .................................................... 60 Hypack Navigation Software ................................................................... 100 Hysweep Multi-Beam Sonar Software ..................................................... 100 Hypack-Hysweep Combination Software ................................................. 150 Chesapeake SonarWiz Side Scan Sonar Software ................................. 150 SURVEY
Hemisphere GNSS RTK Base/Rover Set ................................................ 400 Hemisphere GNSS GSM Network RTK Rover ........................................ 300 Hemisphere GNSS Differential-Only Rover ............................................. 100 Hemisphere A325 GPS ........................................................................... 100 Hemisphere A325 RTK GPS Rover ......................................................... 200 Satel 35W Base Radio ............................................................................ 150 Carlson Surveyor Plus Data Collector ....................................................... 50 Trimble 5603 Electronic Total Station ...................................................... 150 Geodimeter Electronic Total Station ........................................................ 150 Phantom4 Pro UAV Mapping System ...................................................... 750 Mavic Mini UAV ....................................................................................... 200 Survey Equipment (Automatic Level, Rod, and Tripod) ............................. 20 Hand-Held UHF/VHF Radios, per Radio .................................................... 15 Satellite Telephone ................................................................................... 20 Nikon Hypsometer ..................................................................................... 15 All-Terrain Vehicle ..................................................................................... 50 Survival Pack ............................................................................................ 50 Switlik Aviation Survival Suit with ACR PLB Beacon .................................. 50

MEASUREMENT DAILY RATE
Valeport Tidemaster Tide Gauge............................................................... 50 Petit Ponar Sediment Sampler ...................................................................25 YSI 63-10 Water Quality Meter .................................................................. 60 Hatch TSS Portable Meter ..........................................................................80 RM Young Marine Wind Monitor and Data Collector.................................. 25

COMPUTING
Laptop (Field Use) ......................................................................................45 Color Printing (per x page equivalent) ........................................ 0.60 385
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AECOM
Moffatt and Nichol
TEG Oceanographic Services
Teg will bill by mobilization fee, daily rates, and consumables.

Mobilization $23,600 lump sum
Transit Days $13,7850 per day
Vibracore Ops $24,263 per day
Consumables
Core Catcher $250 ea
Core Cutter $450 ea
Core Barrels $7.50 per foot
Core Liner $8.50 per foot
Core Caps $0.50 ea
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Tetra Tech
387
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WORKERS' COMPENSATION DECLARATION

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

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

Carrier______Key Risk______________________________________________ Policy Number________KEY0136566______________________________________

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

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, 388
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Dated: ________________________, 20____
Coastal Frontiers Corp.,
a California Corporation
(CONSULTANT)
By: ________________________________
Gregory E. Hearon, PE
Chief Executive Officer, Chief Financial Officer
Title ________________________________ Address ________________________________ October 9 24
882A Patriot Drive
Moorpark, CA
389
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: October 15, 2024 Agenda Item: 11H.

Submitted By: Code Compliance Division
Prepared By: Nicholas Berkuta, Public Safety Committee Chair Danielle Sorahan, Code Compliance Manager
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING THE PUBLIC SAFETY COMMITTEE’S FISCAL YEAR 2024-2025 WORK PLAN, AND DETERMINING THAT THE WORK PLAN ACTIVITIES ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

The work plan proposes a number of projects, most of which have costs anticipated to be less than $1,000. Many of these costs are included in the adopted City budget because they consist of work and research staff would typically provide for the City in other forms.

However, two ongoing projects, the Neighborhood Watch Program and the Human Trafficking project, are not budgeted, and have anticipated costs of $15,000 and $3,500, respectively. The recommended action includes appropriating $18,500 for these two projects from the City’s General Fund to Acct. #001-451-43890-000-0000.

Summary:

Pursuant to City Council direction, the Public Safety Committee is required to develop and submit, for City Council approval, an annual work plan with specific goals and objectives for the coming year. The Public Safety Committee and Staff recommend the City Council approve the Public Safety Committee’s fiscal year (FY) 2024-2025 Work Plan.

Background:

The Public Safety Committee was established as a standing committee to act in an advisory capacity to the City Council by reviewing performance measures and making recommendations relating to public safety.

During FY 2023-2024, the Public Safety Committee accomplished a number of significant tasks as part of the Committee’s City Council-approved work plan. These accomplishments included:
 Reviewed performance measures of the Orange County Sheriff Department, Orange County Fire Authority, Contracted Ambulance Services, and the City’s Marine Safety, Park Rangers, and Code Compliance Divisions.
 Investigated the coordination and communication between both internal and external public safety entities related to disaster preparedness, including recommendations approved by the City Council related to establishing new City positions for public information and emergency management purposes.
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Meeting Date: October 15, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
 Reviewed issues and proposed ordinances related to public safety issues directed by the City Council, including an ordinance to further address the operation of electric bicycles approved by City Council at its August 20, 2024 meeting.  Reviewed proposed federal, state, and county legislation for adverse effects or impacts on the City’s public safety services.

Attached is the proposed 2024-2025 Public Safety Committee Work Plan (Attachment 2). In the course of its work in 2024-2025, the Public Safety Committee proposes to add an additional project to its workplan with the review of the Park Ranger Program.  Communications and Disaster Preparedness
 Homelessness and Best Management Practices for Public Safety Personnel  Neighborhood Watch
 Statistical Information and Review
 Technology Review
 Human Trafficking
 E-bicycle / Traffic Safety
 Review of Urgent Matters
 Park Ranger Program
These items represent continuations of the ongoing projects from the previous fiscal year, with the notable addition of the Park Ranger Program.

Council Options:
 Adopt Resolution No. 24-163 (Attachment 1) which would approve the FY 2024-2025 Work Plan.
 Modify and adopt Resolution No. 24-163 with changes to the FY 2024-2025 Work Plan.  Continue the item with direction to provide additional information.  Do not approve the FY 2024-25 Work Plan.

Environmental Review/Analysis:

An environmental analysis has been conducted on all items on the Public Safety Committee’s FY 2024-2025 Work Plan and all activities are recommended to be determined to be not to be subject to the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Sections 15060 (c)(2) and 15378, because an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060) or it does not constitute a “project” according to CEQA (14 CCR § 15378).

The below table summarizes the work plan items and recommended CEQA findings for each item:
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Meeting Date: October 15, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 3

ITEM RECOMMENDED CEQA FINDING
Communications and Disaster
Preparedness
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, nor a reasonably
foreseeable indirect physical change in the
environment. Each project or program
recommended will be separately evaluated under
CEQA before any approvals.

Homelessness and Best Management
Practices for Public Safety Personnel
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, nor a reasonably
foreseeable indirect physical change in the
environment.

Neighborhood Watch 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, nor a reasonably
foreseeable indirect physical change in the
environment.

Statistical Information and Review The activity is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c)(2). (14 CCR §
15060.)
Human Trafficking 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, nor a reasonably
foreseeable indirect physical change in the
environment.

E-bicycle / Traffic Safety 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, nor a reasonably
foreseeable indirect physical change in the
environment.

Review of Urgent Matters 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, nor a reasonably
foreseeable indirect physical change in the
environment. Each project or program
recommended will be separately evaluated under
CEQA before any approvals.

Technology Review Not a project pursuant to CEQA Guidelines Section 15378. (14 CCR § 15378.) The action has
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Meeting Date: October 15, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 4
no potential for resulting in either a direct physical
change in the environment, nor a reasonably
foreseeable indirect physical change in the
environment. Each project or program
recommended will be separately evaluated under
CEQA before any approvals.

Park Ranger Program 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, nor a reasonably
foreseeable indirect physical change in the
environment. Each project or program
recommended will be separately evaluated under
CEQA before any approvals.

Recommended Actions:

The Public Safety Committee and Staff recommend that the City Council approve Resolution No. 24-163, which would:

1. Determine that the FY 2024-25 Work Plan Items are exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Sections 15060(c)(2) and 15378; and

2. Approve the FY 2024-25 Work Plan as presented by the Public Safety Committee; and ..end

3. Appropriate $18,500 from the General Fund to Acct. #001-451-43890-000-0000 for the Human Trafficking project ($3,500) and the Neighborhood Watch program project ($15,000), as outlined in the Work Plan.
..recommendation
..end
Attachment:

1. Resolution No. 24-163

2. Public Safety Committee’s proposed Fiscal Year 2024-2025 Work Plan Notification:

None.
393
ATTACHMENT 1
RESOLUTION NO. 24-163

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE PUBLIC
SAFETY COMMITTEE FISCAL YEAR 2024-2025 WORK

PLAN, AND DETERMINING THAT THE WORK PLAN ITEMS

ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the Public Safety Committee was established as a standing committee to act in an advisory capacity to the City Council by reviewing performance measures and making recommendations relating to public safety and;
WHEREAS, the San Clemente Municipal Code § 2.40.020(e) requires that the Public Safety Committee develop an annual work plan with specific goals and objectives for the coming year and submit it to the City Council for approval each year; and WHEREAS, on September 24, 2024, at their regular meeting, the Public Safety Committee approved the work plan items to be included in its recommended FY 2024-25 Work Plan for presentation to the City Council.

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

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

SECTION 2. That an environmental analysis has been conducted on all items on the Public Safety Committee’s FY 2024-2025 Work Plan and the items have been determined to either be (a) not a project pursuant to CEQA Guidelines Section 15378 (14 CCR §15378) because the action has no potential for resulting in either a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment, or (b) not subject to the California Environmental Quality Act (CEQA), pursuant to Guidelines Section 15060(c)(2) because an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060) as follows:

ITEM CEQA FINDING
Statistical Information and Review 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, nor a
reasonably foreseeable indirect physical
change in the environment.
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Resolution No. 24-163 Page 2
Homelessness and Best Management
Practices for Public Safety Personnel
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, nor a
reasonably foreseeable indirect physical
change in the environment.

Neighborhood Watch 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, nor a
reasonably foreseeable indirect physical
change in the environment.

Communications and Disaster
Preparedness
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, nor a
reasonably foreseeable indirect physical
change in the environment.

Human Trafficking 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,
nor a reasonably foreseeable indirect
physical change in the environment.

E-bicycle / Traffic Safety 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, nor a
reasonably foreseeable indirect physical
change in the environment.

Review of Urgent Matters 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, nor a
reasonably foreseeable indirect physical
change in the environment.

Technology Review Not a project pursuant to CEQA
Guidelines Section 15378. (14 CCR §
15378.) The action has no potential for
resulting in either a direct physical
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Resolution No. 24-163 Page 3
change in the environment, nor a
reasonably foreseeable indirect physical
change in the environment.

Park Ranger Program Review 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, nor a
reasonably foreseeable indirect physical
change in the environment.

SECTION 3. The Public Safety Committee’s FY 2024-25 Work Plan shall consist of all items presented to the City Council as incorporated and included in Attachment 2 to the Agenda Report, titled, “Consideration of a Resolution Approving the Public Safety Committee’s Fiscal Year 2024-2025 Work Plan, and Determining that the Work Plan Activities Are Exempt from the California Environmental Quality Act.” SECTION 4. In addition to the items listed on the FY 2024-25 Work Plan, the Committee may review all additional items directed for further consideration of the Committee by majority vote of the City Council.

SECTION 5. A budget appropriation of $18,500.00 to General Fund Account Number 001-451-43890-000-0000 for Fiscal Year 2024-25 is hereby approved. These funds are directed to be used in accomplishing the Neighborhood Watch Program and the Human Trafficking work plan projects, which have not-to-exceed anticipated costs of $15,000 and $3,500, respectively.

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 ____________________, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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Resolution No. 24-163 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-163 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
397

ANNUAL WORK PLAN
FY 2024/25
COMMISSION/COMMITTEE NAME: Public Safety Committee
Please be concise in responding to the below questions. Additional forms may be attached, if needed.

Project Name: Communications And Disaster PreparednessPurpose, Goals and Deliverables of Project:Purpose: The coordination and communication between both internal and external public safety entities, often occurring on a more-than-hourly basis, is one of the most vital elements for the timely delivery of public safety services to our community. Being able to effectively and timely communicate with these agencies is vital to maintaining a safe community, and even more so during an emergency or disaster. For a successful coordination and communications program to operate, it should be properly designed, maintained and exercised.

Goals:
1) To identify the various governmental and private agencies that provide essential public safety-related services to the members of our community.
2) To determine the lines and types of communications that link these agencies together in dealing with everyday situations, as well as emergencies such as natural and man-made disasters.
3) To explore and investigate potential alternate methods/ organizational designs to improve coordination efforts and communications between and among the City’s various public safety services, and with the public. 4) To review industry-wide best practices and procedural duties deployed in Emergency Management Offices, and ensure the City’s program incorporates those practices, when feasible.

Deliverables: At the conclusion of related projects or studies, the Public Safety Committee will report its findings, with recommendations, to the City Council for further action.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000,consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-costs consist of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2024 to September 2025 Attachment 2
398
Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information.

Is this a new project or unfinished project from the prior fiscal year? Unfinished project from previous year.

Project Name: Homelessness and Best Management Practices for Public Safety PersonnelPurpose, Goals and Deliverables of Project:Purpose: The issue of homelessness continues to be one of the greatest challenges facing municipal public safety agencies within San Clemente and outside its jurisdiction. This Committee will identify issues as they relate specifically to the established responsibilities of San Clemente’s Public Safety entities, including identifying impacts from potential modifications to established responsibilities or new proposed responsibilities which are likely to result in significant operational changes. Additionally, the Committee will coordinate with the OCSD, City Code Compliance and Park Rangers, and the City's Community Outreach staff, in order to identify any factors that could be addressed in order to maintain and improve public safety in San Clemente.Goals:

The Committee will identify strategies to improve the effectiveness of our Public Safety personnel’s ability to:
1) Address the needs of the Homeless as they pertain to contacts with Public Safety personnel. 2) Identify Laws, Policies and Programs to ensure the City of San Clemente’s Public Safety personnel are operating within accepted protocols.3) Ensure that the safety and welfare of the public right of ways are strictly maintained.

Deliverables: At the conclusion of related projects or studies, the Public Safety Committee will report its findings, with recommendations, to the City Council for further action.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000,consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-costs consist of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2024 to September 2025Resources Needed (including Staff hours): Assistance from the OCSD, San Clemente Code Compliance, San Clemente Park Rangers, SanClemente City Attorney, and San Clemente City Prosecutor. Representatives from City Net and FAM, and potentially OCHCA’s Homeless Outreach Division. Staff time needed to collect pertinent information for the Committee’s review is anticipated to be minimal.

Is this a new project or unfinished project from the prior fiscal year? Unfinished project from previous year. 399
Project Name: Neighborhood Watch
Purpose, Goals and Deliverables of Project:

Purpose: To develop an effective and efficient neighborhood watch program that will provide organizational structure throughout the City.

Goals:
1) Assist OCSD’s public affairs department to develop a neighborhood watch video to be used by watch groups during inaugural meetings. 2) Increase the number of block captains with the goal of expanding citywide.

Deliverables: At the conclusion of related projects or studies, the Public Safety Committee will report its findings, with recommendations, to the City Council for further action.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $15,000,consisting of $5,000 for staff time to assist in the development of the program, $5000 for additional signs, and $5,000 for printing of flyers and related promotional material/items to advertise the program. This cost is not included in the adopted City budget, as its staff-cost consists of work and research City staff is not currently charged with.

Project Timeline (Anticipated Start and End Dates): October 2024 to September 2025.Resources Needed (including Staff hours): Assistance from OCSD, Code Compliance Division, IT Division, and Public WorksDepartment. Cost of staff time to assist is an estimated 4-6 hours per week.Is this a new project or unfinished project from the prior fiscal year? Unfinished project from previous year. 400
Project Name: Statistical Information and Review
Purpose, Goals and Deliverables of Project:Purpose: The gathering and analyzing of statistics related to public safety incidents is essential to initiate successful strategies in how the City deploys its Police, Fire, Care Ambulance Service, Marine Safety, Park Rangers, and Code Compliance personnel and related resources. Another important component of this information gathering is its dissemination to the general public. An accurate understanding of the public safety issues affecting particular neighborhoods provides the public with a better sense of clarity and ownership in regards to public safety issues in their community.Goals:
1) Gather, collate, and evaluate data pertaining to citizen requests for service from Police, Fire, Contracted Ambulance Service, Marine Services, Park Rangers, and public safety-related Code Compliance within the City of San Clemente. 2) Gather, collate, and evaluate statistics pertaining to crime (reported crimes and arrests), traffic enforcement and collision reports, Fire Department responses, reports of San Clemente Municipal Code (SCMC) violations and enforcement actions by Code Compliance personnel, when public safety related. 3) Investigate the best method(s) for making the aforementioned data available to the public, with special attention paid to user-friendly options, such as those built upon a web-based platform, to encourage its use and acceptance by a high proportion of San Clemente’s population.
4) Review the City current performance measures regarding OCSD, OCFA, contracted Ambulance Services, Marine Safety, Park Rangers, and Code Compliance. Determine if additional or alternative measures are appropriate and whether comparative benchmarks for public safety personnel performance should be revised or established to better facilitate a method of measuring their efficiency, while alsoproviding comparative evaluations of the City’s services measured against similarly situated municipalities. 5) As an on-going component of this project, the Public Safety Committee will review quarterly performance measures submitted by the various groups that comprise the City’s Public Safety services. 6) Review and analyze the cost/performance of contracted ambulance service, and compare to the cost/performance of the services that would be provided by the OCFA in order to ascertain the feasibility of contracting OCFA for city ambulance services.

Deliverables: At the conclusion of related projects or studies, the Public Safety Committee will report its findings, with recommendations, to the City Council for further action.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget?Project cost anticipated to be less than $1000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-cost consists of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2024 to September 2025 for items 1-3, and 6, on-going for items 4 and 5.Resources Needed (including Staff hours):OCSD Crime Analyst, OCFA Analytical Unit, Marine Safety, San Clemente City Code Enforcement and City of San Clemente Information and Technology Staff. Staff time needed to collate the statistical data received is anticipated to be minimal.Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going. 401
Project Name: Human Trafficking
Purpose, Goals and Deliverables of Project:

Purpose: To identify and address flash points, locations and local sources of human trafficking activity to reduce or eliminate human trafficking in the City of San Clemente. The most prevalent examples of human trafficking are inveigled, coerced and/or forced labor and/or sex work.

Goals: To efficiently coordinate with the OCSD Special Investigations Unit, the Orange County Human Trafficking Task Force and established Human Trafficking Non-Governmental Organizations (NGOs) to reduce and combat human trafficking in the City of San Clemente and to educate local businesses and residents of the signs of ills associated with human trafficking.

Deliverables of Project: Work with the government entities listed above and NGOs to 1) Initiate outreach with businesses in a position to identify and thwart potential human trafficking (hotels, motels, fast food, convenience/liquor stores, gas stations, etc.) and
2) Conduct outreach and education with schools in the City of San Clemente.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be approximately$3,500 consisting of: 1) cost of Priority II business-recognition awards, 2) honoraria (fees paid to victims of human trafficking for guest speaking at Public Safety Committee-hosted events), and 3) staff time to compile information. This cost is not included in the adopted City budget, as its staffcosts consist of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2024 to September 2025.Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information.Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going.

Project Name: E-Bicycle / Traffic Safety
Purpose, Goals and Deliverables of Project:In the past year, both the OCSD and OCFA have reported a significant increase in the regional number of accidents, injuries, and fatalities involving the bicycles. In an effort to address these issues the Committee will compile bicycle traffic data as it becomes available. The Committee will coordinate with the OCSD, OCFA, and the City’s Park Ranger Division in order to identify any measures the City could take to help mitigate these occurrences. The committee will forward any recommendations for review to the City Council.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000,consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-costs consist of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2024 to September 2025.Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information.Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going. 402
Project Name: Technology Review
Purpose, Goals and Deliverables of Project:Purpose: To identify and review new and existing tools of technology in an effort to obtain effective enhancements to our community’s public safety efforts.

Goals: Through the identification and evaluation of new technologies, we believe more efficient, cost-effective ways to enhance the delivery of public safety services can be utilized.Deliverables: The Public Safety Committee will present to the City Council recommended technology enhancements which demonstrably increase the effectiveness of our public safety services, with a specific focus on those technologies most capable of seamlessly integrating into existing operations.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000,consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-cost consists of work and research staff would typically provide to the City in other forms.Project Timeline (Anticipated Start and End Dates): October 2024 to September 2025.Resources Needed (including Staff hours): Input and recommendations by OCSD, OCFA, Marine Safety, Code Compliance, Park Rangers,and Information Technology Staff. Staff time needed to collect pertinent information for the Committee’s review is anticipated to be minimal.Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going.Project Name: Review of Urgent MattersPurpose, Goals and Deliverables of Project:Purpose: Reviewing of urgent public-safety matters that may arise from time to time, which are outside of the Committee's other CouncilApproved Work Plan projects.

Goals: Address unanticipated issues of a crucial or urgent need in a timely fashion to ensure the effective and efficient provision of public safety services and the maintenance of the public's safety.Deliverables: The committee may evaluate and investigate the situation and determine whether a memorandum to City Council is necessary.

Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project cost anticipated to be less than $1000, consisting of staff time to compile information. This cost is included in the adopted City budget, as its staff-costs consist of work and research staff would typically provide to the City in other forms.

Project Timeline (Anticipated Start and End Dates): October 2024 to September 2025.Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information.Is this a new project or unfinished project from the prior fiscal year? From previous year, on-going. 403
Project Name: Park Ranger Program
Purpose, Goals and Deliverables of Project:Purpose: The Park Ranger program serves to ensure a positive experience throughout the City’s parks and beaches by maintaining public safety and compliance of City regulations and park policies.Goals:
1) To review and identify needed enhancements to the Park Ranger program;2) To provide recommendations for appropriate funding and resources to address potential gaps in the delivery of services;3) To evaluate specialized training and equipment needs necessary to enhance and fulfill the Park Ranger mission; 4) To stay abreast of up-to-date industry-wide standards and practices to ensure The Park Ranger program provides the highest quality service to the public.

Deliverables: When appropriate and relevant, the Public Safety Committee will report findings and recommendations to the City Council for review and consideration.

Estimated Project Cost. Project cost anticipated to be less than $1000 per annum, consisting of staff time to compile data. This cost is included in the adopted City budget, as its staff costs consist of work and research staff would typically provide to the City in other forms.Project Timeline (Anticipated Start and End Dates): October 2024 to September 2025Resources Needed (including Staff hours): Minimal staff time needed to collect City department/agency information. Is this a new project or unfinished project from the prior fiscal year? New Project 404
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: October 15, 2024 Agenda Item: 11I.

Submitted By: Community Development
Prepared By: Lisa Edone, Human Affairs Committee Chair
Adam Atamian, Community Development Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING THE HUMAN AFFAIRS COMMITTEE FISCAL YEAR 2024-2025 WORK PLAN, AND DETERMINING THAT THE WORK PLAN ACTIVITIES ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

The work plan proposes a number of projects, many of which have minimal or no costs, as they include work by staff covered in the adopted City budget to provide support for the Committee.

Four projects, the Fee Supplement for Underprivileged Volunteers, Updating Resource Registry, SCHS Humanitarian Award and Support, and Community Resource Fair, are not budgeted and have a total anticipated cost of $7,050.00. The recommended action includes appropriating $7,050.00 for these four projects from the City’s General Fund to Acct. #001-435-44420-000-00000.

Summary:

Pursuant to City Council’s direction, the Human Affairs Committee is required to develop and submit an annual work plan with specific goals and objectives for the coming year for City Council approval. Before the City Council is consideration of the Human Affairs Committee’s FY 2024- 2025 work plan proposed and approved by the Committee at their September 10, 2024 meeting.

Background:

The Human Affairs Committee was established to act in an advisory capacity to the City Council in all matters pertaining to human needs, including homelessness, within the City of San Clemente.

During FY 2023-2024, the Human Affairs Committee accomplished a number of significant tasks as part of the Committee’s City Council-approved work plan. These accomplishments are summarized in the Committee’s FY 2023-2024 Work Plan reports provided as Attachment 3.

Attachment 2 is the FY 2024-2025 Human Affairs Committee’s Proposed Work Plan for City Council consideration. In the course of its work in 2024-2025, the Human Affairs Committee proposes the following projects:
 Fee Supplement for Underprivileged Volunteers
 Updating Resource Registry
 Junior Leadership Program & Career Panel for High School Students  SCHS Humanitarian Award and Support
 Community Development Block Grants (CDBG) Review
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Meeting Date: October 15, 2024 Agenda Item: 11I.

CITY OF SAN CLEMENTE 2
 Community Resource Fair
 Homeless Update with Community Outreach Workers
 Every 8 Minutes
Council Options:
 Adopt Resolution No. 24-164 (Attachment 1), which would approve the FY 2024-2025 Work Plan.
 Modify and adopt Resolution No. 24-164.
 Continue the item with direction to provide additional information.  Do not approve the FY 2024-25 Work Plan.

Environmental Review/Analysis:

An environmental analysis has been conducted on all items on the Human Affairs Committee’s FY 2024-2025 Work Plan and all activities have been determined to be exempt from CEQA.

Pursuant to CEQA Guidelines Section 15060(c)(2), an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060).

The below table summarizes the work plan items and recommended CEQA findings for each item:

ITEM CEQA FINDING
Community Resource Fair The activity is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c)(2) (14 CCR §
15060)
Updating Resource Directory The activity is not subject to CEQA, pursuant to CEQA Guidelines Section 15060(c)(2) (14 CCR §
15060)
Junior Leadership & Career Panel
Program for High School Students
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.
“Every 8 Minutes” E-Bike Simulation
Program
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.
406
Meeting Date: October 15, 2024 Agenda Item: 11I.

CITY OF SAN CLEMENTE 3
San Clemente High School
Humanitarian Award
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.

Fee Supplement for Underprivileged
Volunteers
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.

Homeless Update with Community
Outreach Workers
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.

Community Development Block Grants
– Public Service Grant
Recommendations
Not a project pursuant to CEQA Guidelines Section
15378 (14 CCR § 15378). Making
recommendations.

Recommended Actions:
..recommendation
The Human Affairs Committee and Staff recommend that the City Council approve Resolution No. 24-164, which would:

1. Determine that the FY 2024-25 Work Plan Items are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15378; and

2. Approve the FY 2024-25 Work Plan as presented by the Human Affairs Committee; and

3. Appropriate $7,050.00 for these five projects from the City’s General Fund to Acct. #001-435- 44420-000-00000 for the Fee Supplement for Underprivileged Volunteers ($1,500), Updating Resource Registry ($2,500), SCHS Humanitarian Award and Support ($550), and Community Resource Fair ($2,500) projects, as outlined in the Work Plan. ..end
Attachments:

1. Resolution No. 24-164

2. Human Affairs Committee’s proposed Fiscal Year 2024-2025 Work Plan

3. FY 2023-24 Work Plan Project Reports
Notification:

None.
407
ATTACHMENT 1
RESOLUTION NO. 24-164

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE HUMAN
AFFAIRS COMMITTEE FISCAL YEAR 2024-2025 WORK

PLAN, APPROVING A SUPPLEMENTAL APPROPRIATION
OF $7,050, AND DETERMINING THAT THE WORK PLAN

ITEMS ARE EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the Human Affairs Committee was established to act in an advisory capacity to the City Council in all matters pertaining to human needs, including homelessness, within the City of San Clemente; and
WHEREAS, the San Clemente Municipal Code § 2.40.020(e) requires that the Human Affairs Committee develop an annual work plan with specific goals and objectives for the coming year and submit it to the City Council for approval each year; and WHEREAS, on September 10, 2024, at their regular meeting, the Human Affairs Committee recommended approval of the work plan items to be included in its FY 2024- 25 Work Plan, subject to City Council approval; and
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 all the activities on the Human Affairs Committee FY 2024-25 Work Plan are exempt from the California Environmental Quality Act (CEQA) because they are either (a) not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378), because the action has no potential for resulting in either a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment, or (b) not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(2) because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060), as more specifically set forth below:

ITEM CEQA FINDING
Community Resource Fair The activity is not subject to CEQA, pursuant to CEQA Guidelines Section
15060(c)(2) (14 CCR § 15060).

Updating Resource Directory The activity is not subject to CEQA, pursuant to CEQA Guidelines Section
15060(c)(2) (14 CCR § 15060).
408
Resolution No. 24-164 Page 2
Junior Leadership & Career Panel Program
for High School Students
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, nor a
reasonably foreseeable indirect physical
change in the environment.
“Every 8 Minutes” E-Bike Simulation Program 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, nor a
reasonably foreseeable indirect physical
change in the environment.

San Clemente High School Humanitarian
Award
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, nor a
reasonably foreseeable indirect physical
change in the environment.

Fee Supplement for Underprivileged
Volunteers
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, nor a
reasonably foreseeable indirect physical
change in the environment.

Homeless Update with Community Outreach
Workers
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.

Community Development Block Grants –
Public Service Grant Recommendations
Not a project pursuant to CEQA Guidelines
Section 15378 (14 CCR § 15378). Making
recommendations has no potential for resulting
in either a direct physical change in the
environment, nor a reasonably foreseeable
indirect physical change in the environment.

Each of the project recommended for grants will
be separately evaluated under CEQA before
the grants are approved.

SECTION 3. That the Human Affairs Committee FY 2024-25 Work Plan shall consist of all items incorporated and included in Attachment 2 to the Agenda Report, titled, “Consideration of A Resolution Approving the Human Affairs Committee Fiscal Year 2024-2025 Work Plan, and Determining that the Work Plan Activities Are Exempt from the California Environmental Quality Act.”
SECTION 4. That in addition to the items listed on the FY 2024-25 Work Plan, the Committee may review all additional items directed for further consideration of the Committee by vote of the City Council.

SECTION 5. A budget appropriation of $7,050.00, to General Fund Account Number 001-435-44420-000-00000 for Fiscal Year 2024-25 is approved. These funds 409
Resolution No. 24-164 Page 3
are directed to be used in accomplishing the Fee Supplement for Underprivileged Volunteers ($1,500), Updating Resource Registry ($2,500), SCHS Humanitarian Award and Support ($550), and Community Resource Fair ($2,500) projects, as outlined in the FY 2024-25 Work Plan.

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 , 2024.

ATTEST:

City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
410
Resolution No. 24-164 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-164 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
411
.

DRAFT ANNUAL

WORK PLAN
FY 2024/2025
COMMITTEE NAME: HUMAN AFFAIRS COMMITTEE
Project Name: Fee Supplement for Underprivileged Volunteers Purpose, Goals and Deliverables of Project: Investigate the &ity paying for a strawman pilot program to pay forUHTXLUHGLI9E SCAN fingerprinting and background checks for lower socio-economic status volunteers LQHGXFDWLRQDORUGHYHORSPHQWSURJUDPVDVVLVWLQJPLQRUV. Suggest a trial of 15 payments of XSWR$100 each for qualifying volunteers with report back to City Council on the program after a one-year trial. In tandem, investigate whether schools requesting these LIVE SCAN paid programs may be funded at individual schools via a CDBG 6RFLDO6HUYLFHgrant. Determine the best way to accomplish this on a yearly basis.Estimated Project Cost: $1500If cost are involved, is it included in the adopted City budget? No.Project Timeline (Anticipated Start and End Dates): 2FWWR2FW. Resources Needed (including Staff hours): Unknown at this time. Should be minimal. Staff to administer this program upon direction from Council.Is this a new project or unfinished project from the prior fiscal year? New 412
2 Project Name: Updating Resource Registry - Develop Quick Resource Microsites with Information on Resources.

Purpose: To help residents and staff better leverage available resources, and to reduce inefficiency and discontentment caused by peopleapproaching the incorrect resources by developing an easy-to-use, attractive resource guide for San Clemente residents and families. Goals: This resource will serve as a valuable tool for City staff and residents and will be foundational to other beneficial projects.

Deliverable: Updated resource registry. Imbedded in current city website as a micro-site. QR code stickers on city signs so people seeking services can scan the QR code and go the the city resource directory.Deliverable: Develop mobile friendly microsites with information on resources, contacts and “if-that-then-this” style guides, which will be designed to be easily shared on social media and mobile platforms.Deliverables: At council’s option, either a digital proof for final council approval, or if approved, a resource guide would be prepared in both print and digital forms.Estimated Project Cost. $2,500 if only a digital version is required. Additional printing costs will be needed if printed guides are desired. The Committee expects to be able to develop the mobile-friendly micro-sites at no costs. City IT staff will need to create and upload the microsites to the City website. If cost is involved, is it included in the adopted City budget? No.Project Timeline (Anticipated Start and End Dates): November 2024– May 2025Resources Needed (including Staff hours): Estimated 40 hours IT staff support needed to create micro-site, imbed the resources on the city website.Is this a new project or unfinished project from the prior fiscal year? New 413
3 Project Name: Junior Leadership Program & Career Panel for High School Students Purpose: Mirror the adult city Leadership Program already in existence. Target 10-15 high school students to participate. Support Career Panel Event at SCHS. Goals: To provide an avenue for students to learn about a field or fields of work within the city that they may want to pursue in their education and career. Departments to include Planning Division, Code Compliance, Public Works, Utilities, Finance, Park Rangers, and PR/Social Media. Deliverables: Engage in discussions with the City Manager and the other people within city leadership that administer this program to determine how best to tailor the program to make it suitable for high school students. Suggest SCHS as our partner school for the project. Additionally, to solicit businesses to participate in an annual career panel even at San Clemente High School. Investigate paid or unpaid internship programs. Seek opportunities for City staff members to attend outside events as they surface.

Estimated Project Cost: No cost.If costs are involved, is it included in the adopted City budget? N/AProject Timeline (Anticipated Start and End Dates): One yearResources Needed (including Staff hours): MinimalIs this a new project or unfinished project from the prior fiscal year? New 414
4 Project Name: SCHS Humanitarian Award and Support
Purpose: Working with SCHS administration, identify up to three SCHS Juniors who have performed significant community service projects.Goals: Recognition of outstanding efforts by SCHS students engaged in significant community service projects. Deliverables: Selected students will be presented a certificate at an appropriate city council meeting, and the HAC will select, from among its members, an appropriate member for mentorship during a selected student’s senior year. That mentor will also provide a letter of recommendation for college admission purposes. Estimated Project Cost. $50 to hand out flyers in every junior classroom. $500 for award plaquesIf cost is involved, is it included in the adopted City budget? NoProject Timeline (Anticipated Start and End Dates): Awards to be presented near the end of school year. Mentorship to continue throughout the following year.

Resources Needed (including Staff hours): Estimated 2 hours of staff time for coordination of award presentation and administrative support.Is this a new project or unfinished project from the prior fiscal year? Annual, continued from prior year Project Name: Community Development Block Grants (CDBG) Purpose, Goals and Deliverables of Project: Purpose: To serve on the Social Service Budget Committee to review and recommend awards and funding allocations to nonprofit organizations that have applied for CDBG public service grant funding. Goals:. To ensure CDBG public service funds are allocated fairly and consistent with HUD’s CDBG program eligibility. Deliverables: Recommendations of CDBG public service grant awards and funding allocations for San Clemente non-profit organizations will be submitted to the City Council for approval as part of the CDBG Annual Action Plan. Estimated Project Cost: $0 If cost are involved, is it included in the adopted City budget? N/AProject Timeline (Anticipated Start and End Dates): Occurs annually in March.Resources Needed (including Staff hours): 2 hours staff timeIs this a new project or unfinished project from the prior fiscal year? Annual project 415
5 Project Name: Community Resource Fair
Purpose, Goals and Deliverables of Project: Purpose: To provide a resource fair of various services available to our community – specially-abled people, advanced age people, Veterans, students, the homeless, abused women and children, people seeking recovery resources, and people living on the edge of poverty, trying to avoid homelessness. Goals:. To allow those in need in our community an easy one-stop shop event to learn about resources they may need and use. Deliverables: Spring event to be held outside with the city Budget event. Estimated Project Cost: $2500 for advertising, handouts and pop ups. If cost are involved, is it included in the adopted City budget? N/AProject Timeline (Anticipated Start and End Dates): Occurs annually in April/MayResources Needed (including Staff hours): 8 hours staff timeIs this a new project or unfinished project from the prior fiscal year? Annual project Project Name: Homeless Update with Community Outreach Workers Purpose, Goals and Deliverables of Project: Be aware of current homelessness situation in San Clemente from our Community Outreach Workers. Identify any needs they may have. Review Outreach statistics and performance measures on a quarterly basis.Estimated Project Cost: $0 If cost are involved, is it included in the adopted City budget? N/A Project Timeline (Anticipated Start and End Dates): Quarterly Resources Needed (including Staff hours): None Is this a new project or unfinished project from the prior fiscal year? New 416
6 Project Name: Every 8 Minutes
Create age-appropriate videos of a mock E-Bike accident in cooperation with OCSD and OCFA. The School Resource Officer will then take these videos into classrooms during school hours to discuss the rules of riding E-Bikes. These videos will be used at all grade schools and middle schools in San Clemente.Estimated Project Cost: $0 If cost are involved, is it included in the adopted City budget? N/A Project Timeline (Anticipated Start and End Dates): AnnualResources Needed (including Staff hours): None. Video Project will be completed by San Clemente High School Students Is this a new project or unfinished project from the prior fiscal year? New 417
1 City of San Clemente
Human Affairs Committee
Tyler Boden, Committee Member
Rosemary Salas, Vice Chair
Cord Bauer, Committee Member
FISCAL YEAR 2023-2024 WORK GROUP STATUS REPORT:

Mentorship Program
The San Clemente Chamber of Commerce has been successful in carrying on its monthly Workforce Development Committee meeting, which has representation from CUSD Career & Technical Education, OC Workforce Solutions and the Ready Set OC program, San Clemente High School, AVID, the Boys & Girls Club, the Wellness & Prevention Center, the Noble Path Foundation, Community Outreach Alliance, and other business and community leaders who are actively involved in youth workforce development. This committee has already proven successful in allowing each stakeholder organization to share about the projects and programs they have available, and connecting students between these organizations as we work to provide a comprehensive roadmap for students to have access to developing themselves to be ready to enter the workforce.

As for a Mentorship Program for SCHS, the school has no interest in a mentorship program. They do not have the manpower to monitor it as every business that would be involved would need to have all employees background checked and fingerprinted. The cost would be too much. They do have a career day at school in October and will reach out to me to have any business interested come in and talk to the students.

While the HAC had initially planned on establishing a mentorship program of its own, further research and investigation has led to an understanding of the challenges and complexities that go along with establishing a program like this. Instead, we have come to an understanding that simply supporting these stakeholder organizations represented on the Chamber's Workforce Development Committee would yield positive and efficient results for the purpose of expanding opportunities for workforce development in our.

As we progress with the WD Committee, the aim will be to formulate a more centralized program or platform that would help to incorporate all workforce development opportunities that are available to students into a single place, where students can be supported in pursuing workforce readiness training at every step of their high school journey. We look forward to continuing the City's representation on this committee, and to look for more opportunities for the City to support this effort in the best way possible. 418
City of San Clemente
Human Affairs Committee
Rosemary Salas, Committee Vice Chair
Lisa Edone, Committee Chair
Stuart Anderson, Committee Member
FISCAL YEAR 2023-2024 WORK GROUP STATUS REPORT:

Every 15 Minutes DUI Simulation: Program completed at SCHS on March 6-7, 2024.

Program was a huge success and SCHS would like to partner with the City and HA to have the program every 2 years.
419
City of San Clemente
Human Affairs Committee
Rosemary Salas, Committee Vice Chair
Tyler Boden, Committee Member
FISCAL YEAR 2023-2024 WORK GROUP STATUS REPORT:

SCHS Humanitarian Award: we selected two award winners that will be awarded at the August 20th council meeting. The 6 runner ups were given a letter of recommendation for their college applications signed by Mayor Cabral
420
1 City of San Clemente
Human Affairs Committee
Cord Bauer, Committee Member
Stuart Anderson, Committee Members
FISCAL YEAR 2023-2024 WORK GROUP STATUS REPORT:

Project Name: Reach Out to Residents
Purpose, Goals & Deliverables of Project
The City Council has the potential to receive clear, direct, and updated views of the taxpayers and residents of San Clemente. This fosters goodwill, easy interaction with the public, and the ability to “check the pulse” of the public on many issues.

With the advent of “A.I.”, it is possible to build a professional questionnaire that is nonpartisan by generating questions via “ChatGPT.” Questions and methodology used to arrive at the questions would be transparent. In addition, the cost and time spent in the past (upwards of $38,000 for one safety survey & forum) can be avoided.

The input of the taxpayers should be sought whenever possible, and reaching out to the community can be seen as a positive step (and PR) for the City Council.

Please note that these questionnaires are expected to simply take the temperature of the residents in a non-partisan manner. They would not necessarily qualify as a scientific study, and the responses will also be subject to the methodology. In other words, these are intended as “soft data points.”
Estimated Project Cost
Nominal, depending on whether the question(s) are linked from a SC Times ad or linked from a QR code in water bills that are mailed. This is an opportunity for the city to gauge public interest without spending a lot of money by simply using existing resources.

Staff hours, delivery, tabulation and optional advertising would be the only costs.

Project Timeline (Anticipated Start & End Dates)
Ongoing. The Human Affairs committee or staff could generate any questionnaires based on Council feedback. As new issues come up, a questionnaire could be developed very quickly. Polling the residents could be an ongoing project. 421
2 Resources Needed (including Staff hours)
1-2 staff hours per questionnaire, estimated. Advertising expenses; potentially $0.

New or Unfinished Project?
New
Chat GPT setup question (Prompt)
Use the following “A.I.” Prompt in order to generate poll questions. The use of this Prompt is intended to create non-political, non-leading questions. However, if an infinite number of monkeys asks an infinite number of questions, you will end up getting bad polling questions. Human review is required, and whoever generates the questions needs to be cognizant of confirmation bias.

The Prompt below asks for one question. It’s possible to change the wording so multiple questions are generated, and the most appropriate question can be picked from the group.

San Clemente is a California coastal city with about 65,000 residents.

The city Mission Statement reads:

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 protection of what is valued today while meeting tomorrow’s needs.

Create five poll questions that are intended for the residents of the city. Please word the questions so they are non-political and neutral in nature.

Include poll question Instructions at the top. Instructions should tell respondents that they can choose from a range of 1 to 5, with one being disagree completely and five being agree completely.

The questions should be regarding the topic: _________________________________ 422
3 Broad-Based Needs List
The Human Affairs Committee is to act in an advisory capacity to the City Council in all matters pertaining to human needs, including homelessness, with the City of San Clemente.

Here’s a list of human needs that might be relevant to the residents of San Clemente, and therefore the City Council:
• Housing: Access to affordable and suitable housing options. • Employment: Opportunities for diverse and stable employment. • Education: Quality schools and educational resources for all age groups. • Healthcare: Accessible and affordable healthcare services. • Safety: Low crime rates and a secure living environment. • Recreation: Recreational facilities and outdoor spaces for leisure activities. • Transportation: Efficient and accessible transportation options. • Community Services: Availability of community services and support. • Cultural Activities: Opportunities for cultural engagement and artistic expression. • Environmental Sustainability: Efforts for a sustainable and eco-friendly community. • Social Connection: Community events and spaces that promote social interaction. • Infrastructure: Well-maintained roads, utilities, and public spaces. • Economic Opportunities: Support for local businesses and entrepreneurial endeavors. • Nutrition: Access to fresh and healthy food options.
• Family Support Services: Resources for families, including childcare and parental support. • Technology Access: Availability of technology and internet access for all residents. • Emergency Services: Quick and reliable emergency response services. • Education and Awareness: Information on local services, events, and resources. • Civic Engagement: Opportunities for residents to participate in local governance and decision-making.
• Homelessness: How the community engages with this issue.

These needs reflect a combination of basic necessities, community-oriented services, and factors that contribute to the overall well-being of the population in San Clemente. Some of these topics are important now, but all will be important at some point in time. 423
4 San Clemente “Reach Out to Residents” Poll Instructions 1) The initial 20 general topics for the poll questions are included in the Broad-Based Needs List document (above).
2) The poll format is a 0 to 5 choice, which is available through Tamara Tatich. 3) The poll can be “advertised” through San Clemente’s Facebook page as a link directly to the San Clemente City website. The Facebook post should say:
“Your voice matters in shaping the future of our city. We're gearing up to create poll questions on topics that are important to YOU!
Drop a comment at the link on the San Clemente City website and let us know what topics YOU want to see addressed in our upcoming polls. Your input will help us better understand and serve the needs of our community.”
a) It’s recommended to share the San Clemente Facebook post to popular San Clemente Facebook pages to get more exposure.
b) The City may also choose to advertise in the San Clemente Times, and use a QR code to directly link to the polls.
4) Once the results are tabulated, the first actual poll can be created, based on the response from residents about which main topics are most relevant to them. There are pre-made ChatGPT poll questions ready for every main topic. Please note: This first step is not required. The city can simply choose the questions and start polling.

The “Reach out to Residents” polls are designed to post for a week. The following week a new Facebook post can be made showing how the residents responded to the poll. The San Clemente Times has also said that the results are newsworthy, and therefore may run a story about the results as well. This shows transparency and interaction with the residents, which is usually a public relations win.
424
City of San Clemente
Human Affairs Committee
Dick Veale, Committee Member
[email protected]
FISCAL YEAR 2023-2024 WORK GROUP STATUS REPORT:

Dorothy Visser Senior Center Improvements:
• 109 Chairs were professionally cleaned
• NEEDED: Skill painters to spackle/fill and paint over cracks in walls and columns 425
City of San Clemente
Human Affairs Committee
Rosemary Salas, Committee Vice Chair
Stuart Anderson, Committee Member
FISCAL YEAR 2023-2024 WORK GROUP STATUS REPORT:

Community Development Block Grants: Completed. Grant money was decided in February 2024.
426
1 City of San Clemente
Human Affairs Committee
Tyler Boden, Committee Member
Stuart Anderson, Committee Member
FISCAL YEAR 2023-2024 WORK GROUP STATUS REPORT:

Character Counts
The committee made a lot of headway this year in investigating the history of Character Counts! in San Clemente, learning from elementary school administrators about their PBIS matrices and how character traits are incorporated into their campus activities, and learning from the Character Counts! team about the resources and training they can provide to schools as they work to improve their positive behavioral incentive systems.

Principal Michael Brandt from Truman Benedict Elementary School has been instrumental in recruiting the other San Clemente elementary school Principals and staff to participate in a training conducted by the Character Counts! staff. His feedback has been to focus on San Clemente schools first, and then approach the CUSD to see if they'd like to expand the program to the rest of the District. At the same time, we've seen a lot of interest from School Board Trustees Amy Hanacek and Lisa Davis, as well as San Clemente Councilmember Mark Enmeier, who would all like to see a rejuvenation of the Character Counts! program in our community.

Recently, the San Clemente Rotary Club voted to establish a fundraiser to pay for a Character Counts! training and resource materials for the San Clemente elementary schools in the upcoming school year. The Rotary organization has matching funds available for this project, which will help to fully fund this project.

We will continue working with Principal Brandt and the Character Counts! staff over the Summertime, to map out a scope and estimated cost for the training and resource materials that the elementary schools can engage with, as funded by the San Clemente Rotary Club.
427
1 City of San Clemente
Human Affairs Committee
Stuart Anderson, Committee Member
Cord Bauer, Committee Member
Dick Veale, Committee Member
FISCAL YEAR 2023-2024 WORK GROUP STATUS REPORT:

Overall Homelessness Strategy
The Human affairs committee has been researching the homeless programs of other cities for more than two years. We have looked at neighboring cities, with special attention to Beach Cities. We have looked at other cities as well.

We believe San Clemente has done a remarkable job of Outreach. So much so, that other cities look to us for inspiration. While not included in this report, the efforts of the San Clemente outreach team should be highlighted for their direct positive effect on our homeless count.

Some cities have comprehensive plans to address homelessness. Some of these plans, or their summaries, are in appendix E. Some cities contribute to the financial support of providing beds to house the homeless. Examples of this support are in appendix B.

Listed below are programs and services whose information has been compiled by this committee from nearby towns. This is a representation of what is possible, not advocacy.

Also included is an Excel file showing information from neighboring cities compiled, mostly, from public data sources in appendix H.

Conclusion
Current laws prevent OCSD from having all the tools they have had in the past to manage all categories of homeless, which can affect the safety of the residents. When asked the question about what they would like to see to address homelessness in their city, all three sheriff captains said that they would like to have more beds to offer the unhoused (Appendix G). Regardless of the current legal climate, which may change with Grant’s Pass decision and the potential repeal of Prop 47, the city should continue to review the options available. As such, a selection of local practices at nearby cities has been included.

Appendix A: Typical comprehensive plan
Comprehensive homelessness, plans, plans have four basic components:

1. Outreach to find and coordinate services, including healthcare, mental health, job training and housing.
428
2 2. Units for emergency shelter, bridge housing, and permanent supportive housing.

3. Homelessness prevention. This can be in the form of rental assistance or coordinating housing voucher programs (e.g. HUD Housing Choice Voucher)

4. Effecting affordable housing.

Appendix B: Programs of other cities to provide beds

1. Laguna beach contributes to the support of the Friendship Shelter which provides 75 shelter beds and 254 apartment/housing units, some of which are in San Clemente.

2. Newport Beach and Costa Mesa support a bridge housing unit in Costa Mesa.

Newport Beach contributes $1 million yearly to reserve 20 beds.

3. Encinitas contributes to an emergency shelter elsewhere in San Diego county.

4. Santa Barbara contributes to the Dignity Moves program and has committed to establishing enough beds to provide shelter to all unhoused. An overview of DignityMoves is also in the appendix.

Appendix C: DignityMoves tiny homes
This organization builds interim supportive housing with modular construction that looks like apartment complexes. Each apartment is 64 ft.² with a bed, chair, desk, window, and HVAC. There is a computer lab with internet access, communal eating, and bathroom facilities.

According to the website, the per unit cost of construction is around $50,000. They find land that they can use on an interim basis to enable a rapid solution to homelessness. The goal is to stabilize the lives of unhoused individuals, and prepare them for transitioning to permanent housing.

DignityMoves has built or is in the process of building 10 communities. Each site has a case manager and offices for private consultations. Funding has come from government and private sources. Each of the communities list several “partners” who have helped with construction and costs.

Appendix D: other tiny homes

1. Pallet homes. These are shipped on a pallet and assembly takes about one hour (according to the website). They are 70 square feet and have aluminum and composite walls that are approximately 1.5 inches thick. They come with heating and AC units. These are meant to last 10 years. Each unit price is about $15,000.

Bathrooms/showers and eating units are communal.

2. RPM homes have better construction and insulation than the slightly less expensive pallet homes. Operating costs are projected to be lower because of lower heating and cooling utility expenses. The cost for a single unit is around $16,000, and $20,000 for a double unit (not including HVAC).

Appendix E: Comprehensive plans of some cities
Laguna Beach: Laguna does not have a formal comprehensive plan published on their website. They provide outreach through specially trained police officers and they support 429
3 The Friendship Shelter which provides emergency shelter/bridge housing/permanent supportive housing and drop-by assistance.

Encinitas: The Encinitas Homeless Action Plan (HAP) was generated in 2021 by development consultants to address housing and homelessness.

Goals:

1. Increase the Capacity of the City and the Community to End Homelessness through the development of a collaborative community driven approach

2. Decrease the number of individuals experiencing homelessness through demand driven, person-based homeless response and supportive housing services system

3. Increase the availability of temporary and permanent housing Plan:

1. Create a position in the city of Housing Manager who would supervise and direct
a) Coordination of services
b) Promotion and actuation of shelter and housing (temporary and permanent) for low and very low-income needs
c) Data collection to assess program success and drive subsequent policies

2. Create a timeline over the next three years to direct the achievement of the goals
Because of the many sources of funding from the federal government, the state, the county, veterans’ services, and private sources, some of which are only available for limited times, the HAP advised the creation of the Housing Manager position so that this person could take advantage of and coordinate funding sources. They would also liaison with county and private service groups for the coordination of services.

After public input, the action plan was implemented early 2021. Within the city is a Community Resource Center founded by individuals and local businesses to help prevent homelessness through financial assistance, help find residences or shelters, and give some services. The city contributes about $65,000 yearly.

HOPE (Homeless Outreach Program for Empowerment) pairs a specially trained sheriff’s deputy with a county social worker for outreach efforts.

The city contributes to a regional shelter (outside of the city) to give access to some shelter beds. The city coordinates with the county in their homeless crisis response system. This includes the Coordinated Entry System (CES) managed by the RTFH (Regional Task Force on the Homeless – San Diego County).

The city has safe Parking Program administered through Jewish Family Services which operates a 25-space safe parking program for overnight sleeping in vehicles.

The full Homeless Action Plan can be found here:
https://www.encinitasca.gov/home/showpublisheddocument/600/637986790921930000 430
4 Newport Beach:

January 2022 Update - The City of Newport Beach has adopted a comprehensive approach to addressing homelessness in the community and connecting individuals with appropriate resources and housing. The City’s multi-pronged strategy is implemented by City elected officials, staff, contactors and volunteers. It also involves coordination with the County of Orange and other Orange County cities, and participating in state and federal programs. A summary of the various initiatives follows:

City Response
Homeless Ad Hoc Committee
The Homeless Ad Hoc Committee is comprised of three City Council Members who meet with community representatives who have expertise in mental health, social services and homeless services, or are faith or business leaders. The Ad Hoc Committee has been meeting at least once month to discuss these issues. The City Manager’s Office staff works closely with this committee.

Homeless Outreach Team
Natalie Basmaciyan serves as the City’s fulltime Homeless Coordinator and Officer Cynthia Carter serves as the City’s fulltime Homeless Liaison Officer. When Officer Carter is not on duty, a Sergeant, Lieutenant or another officer with expertise in homeless outreach assists with calls for service. Staff from Recreation, Park Patrol, the City Manager’s Office and Public Works also provide support to the City’s homeless outreach program. The Homeless Outreach Team has weekly coordination meetings.

Rapid Response Team
The Rapid Response Team is comprised of City staff from Public Works, Recreation and Senior Services, Fire/EMS, Police, and the City Manager’s Office. The Rapid Response Team deploys as needed to remove trash/debris, and offer services if people are present.

Services include access to the OASIS Senior Center resources, medical care, and referrals to local shelters.

Good Giving Campaign
The City launched a campaign to raise community awareness of the options available for those interested in helping people who are experiencing homelessness in Newport Beach.

Monies raised have been used to purchase a new bicycle to help a newly housed individual get to and from his new job; to help another newly housed individual pay her rent when her work hours were temporarily reduced during the onset of the COVID-19 pandemic; and to buy new clothing for a woman who decided to enter a sober living home.

City Contracted Services
City Net
The City of Newport Beach contracts with City Net, a nonprofit that specializes in homeless outreach and service coordination. City Net employees are on duty in Newport Beach 5 days per week and on call to meet with individuals experiencing homelessness, 431
5 develop relationships, and assess their needs. For those seeking services, City Net completes a
Vulnerability Index and Housing Assessment for enrollment in the County’s Coordinated Entry System to secure appropriate housing. City and City Net staff help the individuals to find housing and then assist with move in.

Cost: $1 million for the term March 12, 2019 - February 25, 2022 Costa Mesa Temporary Bridge Shelter
The Cities of Newport Beach and Costa Mesa entered a memorandum of understanding that provides Newport Beach with 20 of the 70 beds in Costa Mesa’s new Temporary Bridge Shelter. Operating costs are partially funded by contributions from Hoag Hospital.

Cost: $1.6 million one-time capital; $1 million per year operations Be Well OC Mobile Crisis Unit
The City and Mind OC entered into an agreement to bring a mobile crisis intervention unit to Newport Beach and are currently in the process of designing and launching the program. The Newport Beach Be Well van will be staffed with a team of Mind OC licensed, mental health professionals who will work 12 hours a day, seven days a week, to assist those in the community that are dealing with mental health issues. This new service will work in concert with our Police and Fire Departments and our homeless response team. It will be operational in February 2022.

Cost: $1.09 million for the term Oct. 1, 2021 – June 30, 2022 Permanent Supportive Housing
The City issued a request for proposals and selected two developers to compete to develop a viable housing project with up to 50 units in Newport Beach. Each firm must identify a site and develop a concept to present to the City Council. Both firms are still working to identify a viable site.

Budgeted City Contribution: $3 million
Trellis International Community Impact Team Program
The City entered into a grant agreement with Trellis International in September 2021.

Trellis is a non-profit organization that works with homeless and housing insecure individuals by assisting them in re-entering the workforce and eventually returning to a self-sustaining level of employment. Trellis’ Community Impact Team is a program wherein current and former homeless individuals serve in volunteer positions to participate in work projects in a city. Under the agreement, Trellis provides four-person volunteer teams and undertakes eight or more work projects each month.

Cost: $30,000 for the term September 15, 2021 – September 14, 2022. 432
6 Countywide Coordination
Central SPA
Per Federal Judge David Carter’s direction, Orange County was divided into three Service Planning Areas (SPAs) – north, central and south. The cities within each region work together and with the County of Orange to identify, develop and share homeless response resources within each SPA. The Central SPA consists of Huntington Beach, Newport Beach, Costa Mesa, Santa Ana, Garden Grove, Seal Beach, Fountain Valley, Tustin, Westminster and certain County unincorporated areas.

If a County shelter is located within the SPA, cities can refer individuals seeking shelter beds to that location, if space is available. The County’s 425-bed Yale Center shelter is located within the Central SPA.

The County of Orange operates a Cold Weather Emergency Shelter from December 2021 to the end of March 2022 in the City of Santa Ana. The 80-bed shelter accepts referrals from law enforcement and social service agencies. City Net, the social services contractor for Newport Beach, and the Newport Beach Police Department refer people to this shelter.

City Representation on Committees
• City Manager Grace Leung and Assistant City Manager Tara Finnigan work closely with the City of Newport Beach Homeless Task Force Ad Hoc Committee responsible for advising the City Council.
• Homeless Coordinator Natalie Basmaciyan participates in the following committees, meetings, and task forces:
o City of Newport Beach Homeless Task Force Ad Hoc Committee o Costa Mesa Bridge Shelter Advisory Board o Costa Mesa Network for Homeless Solutions monthly meeting o Costa Mesa Network for Homeless Solutions Volunteers monthly meeting o Mind OC, Be Well OC Learning Collaborative quarterly meeting o County of Orange, Board of Supervisors biweekly meeting
o County of Orange, Continuum of Care Board meetings and advisory committees
o County of Orange, Coordinated Entry System weekly Match Meetings and advisory committee meetings
o County of Orange Point in Time County Advisory Committee member o Orange County Housing Finance Trust quarterly meeting o County of Orange Commission to End Homelessness quarterly meeting o Chapman University’s Orange County Family Violence Clinic Homeless Domestic Violence-Sexual Assault (OCFVC Homeless-DV-SA) Task Force monthly meeting
o 2-1-1 OC Homeless Information Management System (HMIS) monthly meeting o Share Our Selves (SOS) case management meetings, as needed 433
7 State and Federal Programs
Emergency Housing Vouchers
In 2021, The Department of Housing and Urban Development (HUD) released 70,000 Emergency Housing Vouchers (EHV) across the country. The County of Orange received 1,035 EHV and 10 people experiencing homelessness in Newport Beach were awarded an EHV and are now locating housing. Each EHV covers 30% of a person’s monthly rent.

Project Roomkey
In 2020, the State of California initiated Project Roomkey to shelter medically vulnerable and COVID-19+ people experiencing homelessness in motel rooms during the pandemic.

The County of Orange contracted with Illumination Foundation, a local recuperative care nonprofit, to operate several motels. The City of Newport Beach placed 33 people into Project Roomkey motel rooms. Five people sheltered in Project Roomkey attained permanent housing at the conclusion of the program in late 2020. Project Roomkey changed service models in 2021 to shelter up to 150 COVID-19-exposed or positive people in one motel site to isolate them from congregate shelter settings.

Project Homekey
In 2020, the State of California initiated Project Homekey to convert motels and other appropriate buildings into Permanent Supportive Housing units for people experiencing homelessness. Permanent Supportive Housing provides low-income rental units with onsite social services for military veterans, senior citizens, or people in need of mental health care. The City of Stanton successfully converted two motels into Project Homekey properties in 2020. The Cities of Costa Mesa, Anaheim, and Huntington Beach applied to Project Homekey in 2021 to convert three motels into Permanent Supportive Housing.

Garden Grove: Garden Grove created the Comprehensive Strategic Plan to Address Homelessness (GG-CSPAH or CSPAH) in 2021. This plan had seven components:

1. Community Outreach and Engagement

2. Coordinated Entry System (CES) and Homeless Management and Information System (HMIS)

3. Street Outreach

4. Homelessness Prevention Programs and Activities

5. Affordable Housing Production

6. Housing Rehabilitation Programs

7. Workforce Development.

In their efforts to create more shelter options, they created a regional CENTRAL CITIES NAVIGATION PROJECT. CCNC is a low-barrier transitional, emergency facility with in-house services to provide emergency housing and wrap-around services to individuals experiencing homelessness built in partnership with the Cities of Fountain Valley and Westminster, and the County of Orange.
434
8 This comprehensive plan was included in this report because of the dramatic reduction in PIT unsheltered count from 2022 to 2024 (289 to 163). The comprehensive plan can be found here: https://ggcity.org/addressing-homelessness/cspah Appendix F: Point in Time counts
Seven of the twelve south service planning area cities showed an increase in unsheltered homeless from 2022 to 2024. Two cities were basically unchanged, and three cities showed a decrease.

Between 2022 and 2024 Newport Beach and Costa Mesa opened a 70 bed bridge housing unit in Costa Mesa. The PIT of Newport Beach decreased while that of Costa Mesa increased.
2022 POINT IN TIME COUNT
City Unsheltered Sheltered Total
Anaheim 485 589 1,074
Brea 24 0 24
Buena Park 85 181 266
Cypress 28 0 28
Fullerton 202 70 272
La Habra 45 0 45
La Palma 8 0 8
Los Alamitos 4 9 13
Orange 134 116 250
Placentia 31 167 198
Stanton 62 148 210
Villa Park 0 0 0
Yorba Linda 4 0 4
County Unincorporated 1 0 1
Domestic Violence Programs 26 26
North Service Planning Area 1,113 1,306 2,419
City Unsheltered Sheltered Total
Costa Mesa 150 58 208
Fountain Valley 38 0 38
Garden Grove 278 113 391
Huntington Beach 188 142 330
Newport Beach 96 0 96
Santa Ana 508 482 990
Seal Beach 8 0 8
Tustin 86 232 318
435
9 Westminster 159 0 159
County Unincorporated 11 36 47
Domestic Violence Programs 129 129
Central Service Planning Area 1,522 1,192 2,714
City Unsheltered Sheltered Total
Aliso Viejo 13 4 17
Dana Point 27 0 27
Irvine 60 0 60
Laguna Beach 28 55 83
Laguna Hills 12 0 12
Laguna Niguel 29 0 29
Laguna Woods 7 0 7
Lake Forest 65 11 76
Mission Viejo 26 2 28
Rancho Santa Margarita 7 0 7
San Clemente 81 50 131
San Juan Capistrano 65 0 65
County Unincorporated 2 0 2
Domestic Violence Programs 41 41
South Service Planning Area 422 163 585
2024 Point in Time Count
202002020
City Unsheltered Sheltered Total
City Unsheltered Sheltered Total
Anaheim 601 816 1,417
Brea 82 0 82
Buena Park 186 193 379
Cypress 46 6 52
Fullerton 208 226 434
La Habra 76 0 76
La Palma 17 0 17
Los Alamitos 1 3 4
Orange 214 155 369
Placentia 37 145 182
Stanton 169 37 206
Villa Park 0 0 0
Yorba Linda 3 0 3
County Unincorporated 6 0 6
Domestic Violence Program N/A 0 0
North Service Planning Area 1,646 1,581 3,227
436
10 Costa Mesa 218 79 297
Fountain Valley 114 0 114
Garden Grove 163 76 239
Huntington Beach 173 260 433
Newport Beach 71 0 71
Santa Ana 871 557 1,428
Seal Beach 29 0 29
Tustin 88 335 423
Westminster 288 0 288
County Unincorporated 21 14 35
Domestic Violence Program N/A 97 97
Central Service Planning Area 2,036 1,418 3,454
City Unsheltered Sheltered Total
Aliso Viejo 6 5 11
Dana Point 24 0 24
Irvine 50 0 50
Laquan Beach 46 28 74
Laquan Hills 36 0 36
Laquan Niquel 48 5 53
Laquna Woods 22 26 48
Lake Forest 104 0 104
Mission Viejo 34 1 35
Rancho Santa Marqarita 6 0 6
San Clemente 65 36 101
San Juan Capistrano 47 3 50
County Unincorporated 3 0 3
Domestic Violence program N/A 46 46
South Service Planning Area 491 150 641
Notes:

Domestic Violence Program Count includes all Domestic Violence Shelter beds and is not applicable to the unsheltered count.

Appendix G: Responses from OC Sheriff Captains
What tool/program/entity in has the largest positive impact on getting our homeless population off the streets and into care?
Answer, San Clemente: We have a behavior health liaison (BHL) deputy that works with homeless individuals on a daily basis. She makes contact with the subjects not only to investigate any criminal activity, but to also offer services such as mental health or medical services, and items of care such as food, clothing and housing assistance. The BHL deputy works hand in hand with the city outreach team to offer these services. Many are service resistant, but others have taken advantage of the various services. When there is someone who takes up the offer, city outreach workers usually facilitate the resources. (Captain Christian)
Answer, Mission Viejo: Our city has a multifaceted and collaborative approach to addressing homelessness. Mission Viejo Police Services has a Community Services Unit (CSU) that is a four deputy team supervised by a sergeant, that works very closely with the assigned Behavioral Health Bureau deputy in responding to calls for service, complaints, and proactively mitigating encampments. This team maintains relationships with each of our homeless and continuously offers resources through the city, Mercy House, non-profits, and faith based organizations. This approach is time intensive, and requires a large amount of communication, involves several city staff members, and is largely unsuccessful merely because those individuals experiencing homelessness are service resistant. (Captain McDonald) Answer, Lake Forest: The city of Lake Forest developed their own Community Outreach Specialist who works closely with our Homeless Liaison Officer. They perform their duties 437
11 collaboratively which in turn, produces readily accessible resources when dealing with individuals experiencing homelessness. (Captain Berryman, Lake Forest) What tool would you like to see implemented in the city that you think would make the largest impact regarding helping the homeless population?
Answer, San Clemente: Without any shelter options, law enforcement has limited ability to take action with the homeless population. If there were shelter options, law enforcement could potentially enforce some of the city’s anti-camping ordinances to get some homeless off the streets and into an environment more conducive to getting them more permanent options of assistance. (Captain Christian)
Answer, Mission Viejo: The availability of a homeless shelter would have the largest impact on the homeless population within the city. The availability of shelter beds in the South Service Provider Area (SPA) would allow law enforcement the ability to conduct enforcement of status crimes. Currently the approach being used is “all carrot, and no stick” and does little to effect change in behavior. An additional step would be to have a case manager who would be able to track all of the time, resources, and funds allocated to each individual. In the end, a decision maker should be able to understand on a case-by-case basis, if additional expenditures would likely have a positive effect for the individual. At some point a threshold would be reached and enforcement should begin. The upcoming Grants Pass case decision may shed some light on future enforcement action. (Captain McDonald)
Answer, Lake Forest: This is an obvious answer, but it would help if we had shelters to provide law enforcement the option to house or enforce the city’s anti-camping ordinances. (Captain Berryman)
Appendix H: Spreadsheet with information about neighboring cities Appendix I: Safe Parking in San Diego County
Jewish Family Services administers six locations in San Diego county for safe overnight parking. Cities apply to state for funds that come from the federal government. This covers staffing, restrooms, and security. The sites allow entry from 6 to 10 PM and are then locked, with ability to exit but not enter. Some sites provide services from 6 to 10 pm as well. One site is open 24/7; and, one site allows RVs.

San Clemente San Juan
Capistrano Dana Point Laguna Beach Laguna Niguel Lake Forest Mission Viejo population (est.) 65,000 35,000 33,000 24,000 65,000 85,000 93,000 square miles 19.5 14.43 6.75 8.89 14.74 16.71 17.66
yearly revenue $ 88,100,000.00 $ 38,816,000.00 $ 48,482,000.00 $ 138,629,600.00 $52,555,796 $103,871,530 $102,605,840 sheriff count 49 27 39 57 36 41 55
sheriff to population ratio 1326 to 1 1296 to 1 846 to 1 421 to 1 1805 to 1 2073 to 1 1690 to 1 Public Safety Budget (total) $ 21,626,694.00 $ 14,038,000.00 $ 14,664,691.00 $ 25,177,900.00 $ 29,345,008.00 homeless outreach team 2 + 1 sheriff 2 sheriff liaison sheriff liaison 2 HRO 's +1 city staffer
2024 PIT, Unsheltered 65* 47 24 46 48 104 34
2022 PIT, Unsheltered 81 65 27 28 29 65 26
Difference (%) -20% -28% -12% 39% 40% 38% 23%
police services
Sheriff Jay Christian
jechristian@ocsherif
f.gov
Captain Justin
Montano
949.248.3531 Chief
Todd Hylton
[email protected]
Chief Jeff Calvert
949.497.0701
Isaac Flores
949.362.4346 not listed
Jason Ivins
[email protected]
949-275-3751
notes
CERT Program
Police Explorer
RSVP
CERT program
Police Explorer
Program Citizen
Police Academy
Citizen on Patrol
Community Camera
Program Daytime
Drop-in
https://www.cityoflag
unaniguel.org/1287/H
omeless-Services
https://www.lakefore
stca.gov/en/homeles
sresources
438
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: October 15, 2024 Agenda Item: 11J.

Submitted By: Community Development
Prepared By: Susan Ambrose, Coastal Advisory Committee Chair Adam Atamian, Community Development Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING THE COASTAL ADVISORY COMMITTEE FISCAL YEAR 2024-2025 WORK PLAN, AND DETERMINING THAT THE WORK PLAN ACTIVITIES ..body ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Fiscal Impact:

There is no direct fiscal impact associated with the creation of the work plan. However, implementation of the work plan, including consultant fees and staff time, may result in project costs. These costs, if any, are anticipated to be minimal.

Summary:

The Coastal Advisory Committee (“CAC”) recommends approval of a FY 2024-25 Coastal Advisory Committee Work Plan. The purpose of the Work Plan is to identify fiscal year project priorities and guidance on Committee objectives from the City Council.

Background:

On July 18, 2023, the City Council adopted Ordinance No. 1753 creating a five-member Coastal Advisory Committee. On December 5, 2023, the City Council adopted Ordinance No. 1768 expanding the Coastal Advisory Committee from a five-member committee to a seven-member committee.

Pursuant to San Clemente Municipal Code Chapter 2.29.015, the mission of the Coastal Advisory Committee is to: “…enhance the preservation and replacement of sand on City beaches, and where necessary, restore the quality of the coastal water resources and ensure proper and efficient use of the beaches, surf zone and coastal area for the benefit of present and future generations.”
At its February 20, 2024 meeting, the City Council provided the following direction on the CAC Work Plan for Fiscal Year 2023-24:
“…approve the following work plan for the Coastal Advisory Committee:

1. Get Sand - Advise the City Council on getting sand for San Clemente beaches with a focus on the Sand Compatibility and Opportunistic Use Permit (SCOUP) concerning site locations for opportunistic sand and feasible methods of delivery. 439
Meeting Date: October 15, 2024 Agenda Item: 11J.

CITY OF SAN CLEMENTE 2

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

3. Water Quality - Advise the City Council on ways to improve water quality, specifically at Poche Beach.”
The CAC 2023-24 Work Plan reflected this direction, and due to the timing of the initial direction provided by the City Council, these work plan projects remain underway. At its September 19, 2024 meeting, the CAC recommended the City Council approve a FY 2024-25 Work Plan, provided as Attachment 2. The proposed FY 2024-25 Work Plan maintains the direction of the FY 2023-24 Work Plan.

Council Options:
 Adopt Resolution No. 24-165 (provided as Attachment 1), which would approve the Coastal Advisory FY 2024-2025 Work Plan, and determine that the activities in the FY 2024-25 Work Plan are exempt from the California Environmental Quality Act (CEQA).  Modify and adopt Resolution No. 24-165 with changes to the FY 2024-2025 Work Plan.  Continue the item with direction to provide additional information.  Do not approve the FY 2024-25 Work Plan.

Environmental Review/Analysis:

An environmental analysis has been conducted on all items on the CAC’s FY 2024-25 Work Plan and has determined that none of the items constitutes a “project” pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Pursuant to CEQA Guidelines Section 15060(c)(2), an activity is not subject to CEQA if the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 CCR § 15060).

The below table summarizes the work plan items and recommended CEQA findings for each item:

ITEM CEQA FINDING
Sand Acquisition Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Making recommendations has no potential for resulting in either a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. Each of any project or programs recommended will be separately evaluated under CEQA before any approvals.

Sand Retention Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Making recommendations has no potential for resulting in either a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. Each of any project or programs recommended will be separately evaluated under CEQA before any approvals. 440
Meeting Date: October 15, 2024 Agenda Item: 11J.

CITY OF SAN CLEMENTE 3
Water Quality Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378). Making recommendations has no potential for resulting in either a direct physical change in the environment, nor a reasonably foreseeable indirect physical change in the environment. Each of any project or programs recommended will be separately evaluated under CEQA before any approvals.

Recommended Actions:

Staff Recommendation ..recommendation
THE COASTAL ADVISORY COMMITTEE RECOMMENDS THAT the City Council adopt Resolution No. 24- 165 to approve the work plan detailed in Attachment 2.
..end
Attachment:

1. Resolution No. 24-165

2. Proposed Coastal Advisory Committee Work Plan
Notification:

Coastal Advisory Committee Members
441
Attachment 1
RESOLUTION NO. 24-165

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE FY
2024-25 COASTAL ADVISORY COMMITTEE WORK PLAN

AND DETERMINING THE ACTION IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the Coastal Advisory Committee is established to act in an advisory capacity to the City Council in planning pertaining to coastal issues identified by the City Council; and
WHEREAS, the San Clemente Municipal Code 2.29.020(e) requires that the Coastal Advisory Committee develop an annual work plan with specific goals and objectives for the coming year and submit it to the City Council for approval each year; and
WHEREAS, on September 19, 2024, the Coastal Advisory Committee reviewed and recommended approval of three items to be included in its FY 2024-25 Work Plan.

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

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

Section 2. That all the activities on the Coastal Advisory Committee FY 2024-25 Work Plan are exempt from the California Environmental Quality Act (CEQA) because they none of them is a project pursuant to CEQA Guidelines Section 15378 (14 CCR § 15378).

Making recommendations has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Each of any project or programs recommended will be separately evaluated under CEQA before any approvals.

Section 3. The Coastal Advisory Committee FY 2024-25 Work Plan shall consist of all items presented to the City Council as incorporated and included in Attachment 2 to the Agenda Report, titled, “Consideration of a Resolution Approving the Coastal Advisory Committee’s Fiscal Year 2024-2025 Work Plan, and Determining that the Work Plan Activities Are Exempt from the California Environmental Quality Act,” dated October 15, 2024.

Section 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 442
Resolution No. 24-165 Page 2
PASSED AND ADOPTED this day of , .

ATTEST:

City Clerk of the City of
San Clemente, California
Mayor of the City of San
Clemente, California
443
Resolution No. 24-165 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. 24-165 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
444

ANNUAL WORK PLAN
COMMISSION/COMMITTEE NAME:

Please be concise in responding to the below questions. Additional forms may be attached, if needed.

Project Name: Purpose, Goals and Deliverables of Project: Estimated Project Cost. If cost is involved, is it included in the adopted City budget?Project Timeline (Anticipated Start and End Dates): Resources Needed (including Staff hours): Is this a new project or unfinished project from the prior fiscal year? Project Name: Purpose, Goals and Deliverables of Project: Estimated Project Cost. If cost is involved, is it included in the adopted City budget? Project Timeline (Anticipated Start and End Dates): Resources Needed (including Staff hours): Is this a new project or unfinished project from the prior fiscal year? $77$&+0(172
Coastal Advisory Committee
Sand Aquisition
Advise the City Council on getting sand for San Clemente beaches with a focus on the Sand Compatibility and Opportunistic Use Permit (SCOUP).Identify and present additional and/or alternative beach sand acquisition sources for City Council consideration.Items may include identifying and compiling a list of the most viable sources of sand (considering sediment characteristics, locations, transportation,permitting, and costs) that would be available upon the City obtaining a SCOUP permit, to be referenced in future opportunistic sand efforts. Deliverableof the project to be the compilation of all recommendations relevant to this project to be forwarded for the consideration of the City Council. n/a
Ongoing
Minimal staff time required, 10-20 hours to assist in CAC meeting facilitation.

Ongoing
Sand Retention
Advise the City Council on best methods to retain sand on San Clemente beaches and near shore. Identify and present additional and/oralternative beach sand retention programs/studies for City Council consideration.Items may include reviewing the Nature Based Coastal Resiliency Project Feasibility Study and providing recommendations to the City Council onproposed sand retention strategies. Deliverable of the project to be the compilation of recommendations relevant to this project to be forwardedfor the consideration of the City Council. n/a
Ongoing
Minimal staff time required, 10-20 hours to assist in CAC meeting facilitation.

Ongoing
445

ANNUAL WORK PLAN
COMMISSION/COMMITTEE NAME:

Please be concise in responding to the below questions. Additional forms may be attached, if needed.

Project Name: Purpose, Goals and Deliverables of Project: Estimated Project Cost. If cost is involved, is it included in the adopted City budget?Project Timeline (Anticipated Start and End Dates): Resources Needed (including Staff hours): Is this a new project or unfinished project from the prior fiscal year? Coastal Advisory Committee
Water Quality
Advise the City Council on ways to improve water quality, specifically at Poche Beach. Identify and present other beach water qualitymonitoring/improvement programs/studies for City Council consideration.Items may include identifying water quality improvement strategies, program development, public education and outreach, coordination with watercustomers, etc. Deliverable of the project to be the compilation of recommendations relevant to this project to be forwarded for the consideration of theCity Council. n/a
Ongoing
Minimal staff time required, 10-20 hours to assist in CAC meeting facilitation.

Ongoing
446
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: October 15, 2024 Agenda Item: 11K.

Submitted By: Beaches, Parks and Recreation
Prepared By: Samantha Wylie, Beaches, Parks & Recreation Director Subject:
..titl e
CONSIDERATION OF THE FY 2024 ..body-25 GOLF COURSE COMMITTEE WORK PLAN Fiscal Impact:

Projects included in the proposed Work Plan are either currently funded or will be considered for funding through a future biannual budget process.

Summary:

Pursuant to the City Council’s direction, the Golf Course Committee has prepared the attached draft Work Plan for FY 2024-25 for City Council consideration. The purpose of the Work Plan is to provide direction and objectives to the Committee for FY 2024-25.

Background:

At its September 26, 2024 special meeting, the Committee reviewed several items under consideration for its FY 2024-25 Work Plan. The following items were recommended for approval; full details are included in Resolution Exhibit “A”.

1. Golf Course Master Plan Update.

2. Provide input on the priority projects to be accomplished in the upcoming fiscal year(s).

3. Develop an amenity donation program for the golf course to replace benches.

4. Review urgent needs of the golf course.

5. Re-establish House, Greens, and Finance Subcommittees.

Council Options:
 Adopt Resolution 24-166, which will approve the Golf Course Committee FY 2024-25 Work Plan.
 Modify and adopt the Resolution.
 Continue the item with directions to staff and the Committee.  Deny the Work Plan.

Environmental Review/Analysis:

Approval of the work plan is not a “project” pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15378 (14 CCR § 15378). Further environmental analysis will be conducted on a project-by-project basis at the appropriate time as required by CEQA. 447
Meeting Date: October 15, 2024 Agenda Item: 11K.

CITY OF SAN CLEMENTE 2
Recommended Actions:

Staff Recommendation ..recommendation
Staff and the Golf Course Committee recommend that the City Council adopt Resolution No. 24- 166 to approve the FY 2024-25 Golf Course Committee Work Plan. ..end
Attachment:

1. Resolution No. 24-166.

Notification:

Golf Course Committee
448
Attachment 1
RESOLUTION NO. 24-166

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE FY
2024-25 GOLF COURSE COMMITTEE WORK PLAN
WHEREAS, the Golf Course Committee is established to act in an advisory capacity to the City Council in planning pertaining to the use and operation of the municipal golf course; and
WHEREAS, the San Clemente Municipal Code § 2.36.020(e) requires that the Beaches, Parks & Recreation Commission develop an annual work plan with specific goals and objectives for the coming year and submit it to the City Council for approval each year; and
WHEREAS, on September 26, 2024, the Golf Course Committee reviewed and recommended approval of five items to be included in its FY 2024-25 Work Plan.

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 fully incorporated herein.

Section 2. That the Golf Course Committee FY 2024-25 Work Plan shall consist of all items incorporated and included in Exhibit A, attached hereto and incorporated fully herein by this reference.

Section 3. That the Committee may review all additional items that require consideration through the course of the Golf Maintenance Division and Beaches, Parks & Recreation Department’s routine functions, including but not limited to, house and greens oversight.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

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

449
Resolution No. 24-166 Page 2

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-166 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
450
Exhibit “A”

GOLF COURSE COMMITTEE WORK PLAN
FY 2024-25
3URMHFW1DPH
 (No. 1) Golf Course Master Plan Update
3XUSRVH*RDOVDQG'HOLYHUDEOHVRI3URMHFW
A master plan of the golf course would help in the prioritization and planning of course improvements while ensuring the quality of play at the Course. The Golf Course Committee would like review of an updated master plan. (VWLPDWHG3URMHFW&RVWV,IFRVWLVLQYROYHGLVLWLQFOXGHGLQWKHDGRSWHG&LW\EXGJHW" $60,000; Budgeted FY 23-2024 3URMHFW7LPHOLQH $QWLFLSDWHG6WDUWDQG(QG'DWHV

 Current to March 2025 5HVRXUFHV1HHGHG
LQFOXGLQJ6WDIIKRXUV

 Staff hours – estimated 60 hours ,VWKLVDQHZSURMHFWRUXQILQLVKHGSURMHFWIURPWKHSULRUILVFDO\HDU" Unfinished
451
Exhibit “A”
3URMHFW1DPH
 (No. 2) Provide input on the priority projects to be accomplished in the upcoming fiscal year(s) 3XUSRVH*RDOVDQG'HOLYHUDEOHVRI3URMHFW The Golf Course Committee would like to review proposed improvements on the Course, and provide a recommendation on priorities through the budget process. (VWLPDWHG3URMHFW&RVWV,IFRVWLVLQYROYHGLVLWLQFOXGHGLQWKHDGRSWHG&LW\EXGJHW" None
3URMHFW7LPHOLQH
$QWLFLSDWHG6WDUWDQG(QG'DWHV

 February 2025 5HVRXUFHV1HHGHG
LQFOXGLQJ6WDIIKRXUV

 Staff hours – estimated 5 hours ,VWKLVDQHZSURMHFWRUXQILQLVKHGSURMHFWIURPWKHSULRUILVFDO\HDU" New
452
Exhibit “A”
3URMHFW1DPH
 (No. 3) Develop an amenity donation program for the golf course to replace benches 3XUSRVH*RDOVDQG'HOLYHUDEOHVRI3URMHFW The golf course does not have an amenity donation program and many of the course amenities (ie. benches, drinking fountains, etc.) need to be replaced. The develop of an amenity program will enhance the overall experience of golfers and visitors while allowing for the community engagement by offering individuals and business the opportunity to contribute to the improvement of the course. (VWLPDWHG3URMHFW&RVWV,IFRVWLVLQYROYHGLVLWLQFOXGHGLQWKHDGRSWHG&LW\EXGJHW" None
3URMHFW7LPHOLQH
$QWLFLSDWHG6WDUWDQG(QG'DWHV

 January 2025-June 2025 5HVRXUFHV1HHGHG
LQFOXGLQJ6WDIIKRXUV

 20 hours – staff time ,VWKLVDQHZSURMHFWRUXQILQLVKHGSURMHFWIURPWKHSULRUILVFDO\HDU" New
453
Exhibit “A”
3URMHFW1DPH
 (No. 4) Review urgent needs of the golf course
3XUSRVH*RDOVDQG'HOLYHUDEOHVRI3URMHFW
A standing item will be placed on the agenda to allow for Committee members to address urgent needs that have arisen around the course. Any items discussed would compiled into a list and formally agenized for future discussion. (VWLPDWHG3URMHFW&RVWV,IFRVWLVLQYROYHGLVLWLQFOXGHGLQWKHDGRSWHG&LW\EXGJHW" None
3URMHFW7LPHOLQH
$QWLFLSDWHG6WDUWDQG(QG'DWHV

 Ongoing 5HVRXUFHV1HHGHG
LQFOXGLQJ6WDIIKRXUV

 None ,VWKLVDQHZSURMHFWRUXQILQLVKHGSURMHFWIURPWKHSULRUILVFDO\HDU" New
454
Exhibit “A”
3URMHFW1DPH
 (No. 5) Re-establish ad-hoc subcommittees: House, Greens, and Finance 3XUSRVH*RDOVDQG'HOLYHUDEOHVRI3URMHFW Continue efforts of the 2-member ad-hoc subcommittees for house, greens, and finance. The House Committee will be focus on the contract review and compliance; the Greens Committee will focus on ongoing projects and communications; the Finance Subcommittee will focus on future funding of course improvement projects. (VWLPDWHG3URMHFW&RVWV,IFRVWLVLQYROYHGLVLWLQFOXGHGLQWKHDGRSWHG&LW\EXGJHW" None
3URMHFW7LPHOLQH
$QWLFLSDWHG6WDUWDQG(QG'DWHV

 Ongoing 5HVRXUFHV1HHGHG
LQFOXGLQJ6WDIIKRXUV

 Staff hours - 15 hours ,VWKLVDQHZSURMHFWRUXQILQLVKHGSURMHFWIURPWKHSULRUILVFDO\HDU" Ongoing 455