Agenda packet — San Clemente City Council, November 19, 2024 (part 4 of 6)

Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.

Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor. 900
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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 20__.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.

The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 901
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PERFORMANCE BOND FORM
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PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________, 20____ has awarded to ______________________________ ______________________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
____________________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.

NOW THEREFORE, we, the Principal and __________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of _ DOLLARS and
CENTS ($_________________________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.

This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, 903
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specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ day of ______________________ 20______ the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body.

CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.

END OF PAYMENT BOND FORM
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EXHIBIT “E”

COMPENSATION

PRICE SCHEDULE FOR ANNUAL TREE TRIMMING
Year 1 (First Year of Contract) July 1, 2024 through June 30, 2025 Bid
Item
Description Quantity Unit Cost

1. Annual Tree Trimming
Same Trees Every Year
2,521 Trees $224,369.00

2. Annual Tree Trimming
Other City Trees (trimmed in addition, on
multi-year rotating cycle)
1,250 Trees $86,250.00
Year 1 Total Cost $310,619.00
Year 2 (Second Year of Contract) July 1, 2025 through June 30, 2026 Bid
Item
Description Quantity Unit Cost

1. Annual Tree Trimming
Same Trees Every Year
2,521 Trees $231,100.07

2. Annual Tree Trimming
Other City Trees (trimmed in addition, on
multi-year rotating cycle)
1,250 Trees $88,837.50
Year 2 Total Cost $319,937.57
Year 3 (Third Year of Contract) July 1, 2026 through June 30, 2027 Bid
Item
Description Quantity Unit Cost

1. Annual Tree Trimming
Same Trees Every Year
2,521 Trees $238,033.07

2. Annual Tree Trimming
Other City Trees (trimmed in addition, on
multi-year rotating cycle)
1,250 Trees $91,502.63
Year 3 Total Cost $329,535.70
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Year 4 (Fourth Year of Contract) July 1, 2027 through June 30, 2028 Bid
Item
Description Quantity Unit Cost

1. Annual Tree Trimming
Same Trees Every Year
2,521 Trees $245,174.06

2. Annual Tree Trimming
Other City Trees (trimmed in addition, on
multi-year rotating cycle)
1,250 Trees $94,247.70
Year 4 Total Cost $339,421.77
Year 5 (Fifth Year of Contract) July 1, 2028 through June 30, 2029 Bid
Item
Description Quantity Unit Cost

1. Annual Tree Trimming
Same Trees Every Year
2,521 Trees $252,529.29

2. Annual Tree Trimming
Other City Trees (trimmed in addition, on
multi-year rotating cycle)
1,250 Trees $97,075.13
Year 5 Total Cost $349,604.42
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Additional work and emergency services shall not exceed $60,000 annually. 908
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EXHIBIT “F”
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: ________________________, 2024
GREAT SCOTT TREE SERVICE, INC._
Contractor
By: ________________________________
________________________________
Title
________________________________
Address
910

TREE SERVICE PROPOSAL
10761 Court Avenue, Stanton, CA 90680 • Tel 714.826.1750 • Fax 714.826.1753 • www.gstsinc.com Prepared For: City of San Clemente
RFP: Annual Tree Maintenance Services
May 23, 2024
Attachment 3
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TABLE OF CONTENTS
1 COVER LETTER.......................................................................................................................1 2 CONTRACTOR PROFILE & RESOURCES/CAPABILITIES ...........................................3 3 PROJECT ORGANIZATION...................................................................................................7 4 PROJECT UNDERSTANDING & WORK PLAN ...............................................................13 5 RELATED EXPERIENCE......................................................................................................27 6 COST AND PRICE PROPOSAL............................................................................................39 7 STATEMENT OF COMPLIANCE........................................................................................43 8 OTHER INFORMATION .......................................................................................................44 912
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Section 1. COVER LETTER
Pg.1
City of San Clemente
Attn: Randy Little
910 Calle Negocio
San Clemente, CA, 92673
RE: Annual Tree Maintenance Services
Dear Mr. Little,
On behalf of the entire Great Scott Tree Service Team, I’d like to personally thank you for the opportunity to submit a proposal for Tree Services in the City of San Clemente. We look forward to the opportunity of partnering with the City, and together we will continue to make this great city a beautifully landscaped and responsibly maintained home for all of its residents and businesses.

We understand that the city intends to award an Annual Tree Maintenance Services contract to a contractor that will provide high quality tree care which will property maintain the city’s urban forest. This contract will be an approximately five-year contract, beginning July 1, 2024 and extending through June 30, 2029.

Great Scott will be committed to providing services to maintain City-owned trees, primarily trimming about 3,500 trees annually and providing appropriate clean up and recycling and/or disposal of generated green waste. Approximately 2500 of these trees will be trimmed every year. We will provide other as-needed services include tree removal and planting, root pruning and root barrier installation, tree and stump removal, tree inventory and management, emergency on-call tree services and Certified Tree Arborist services.

Great Scott has been in business for over 48 years, and we are committed to performing all of our tree work with excellent quality at a fair price. We understand the significance of this partnership and are committed to exceeding your expectations. We believe the clientele we service and our quality of workmanship speaks for itself.

Within our proposal we have included a detailed outline of our company profile, resources, organization, work plan, experience, and the qualified management and field staff that will be designated to this project. Each member of the team has an extensive background in the Tree Care Industry and will serve as a great resource. To ensure that a project as important as yours receives the highest level of attention, we have assigned Certified Arborists, Kirk Hinshaw who will serve as your project manager and Raudel Gutierrez who will act as your Project Supervisor.

Each person will have the authority to make decisions on behalf of the firm.

We will utilize our state-of-the-art inventory database, which offers a complete solution from service request to invoice. Our online access allows City Staff access and interaction so that we can work together on constructing an annual maintenance program that will look forward at not only the current year but will focus on the preservation of the City’s Urban Forestry Plan for years to come.
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Section 2. CONTRACTOR PROFILE
Pg.3

OUR VISION
"The Great Scott Tree Service vision is caring for trees that enhance the beautiful landscapes of Southern California communities for today and future generations."

ABOUT US
Great Scott Tree Service was started in 1976 with a pickup truck, a chain saw and a mission to provide high quality tree
maintenance at a competitive cost. Over the years we have developed into a key member of the Southern California tree maintenance industry. Our business is focused on Municipalities and Commercial accounts in the Orange County and Los
Angeles County Areas. We provide our customers with on-line computerized inventory with mapping; multi-year maintenance plans; scheduled tree maintenance; tree removal and planting; and full electronic tracking from Proposal through Invoicing. We stand on our reputation for excellent customer service and highquality tree care in the tree service industry. Our Corporate offices have been located at 10761 Court Ave, Stanton, CA since 1987.

Great Scott Tree Service is an accredited Tree Care Industry Association (TCIA) member, and we currently employ over 145 qualified professionals including Arborists and Tree Workers certified by the International Society of Arborists (ISA). They are fully trained and knowledgeable of the latest pruning standards and techniques. We have over 210 pieces of stateof-the-art equipment located at our Corporate Office/Green-Waste Recycle Center, North County Yard, and South County Yard.

FINANCIAL STABILITY
Great Scott Tree Service Inc. is operating at a current run rate of 18M+ per year and is seeing a consistent year-over-year growth rate of over 12% for the last 4 years. We currently have an operating line of credit of $ 750K and an approved available additional Equipment financing of $1.5M+. Reviewed Confidential Financial Statements are available for your evaluation associated with this proposal.

CONTRACTORS LICENSE
State of Certification: California
License Number: 556832
Entity: Corporation
Business Name: Great Scott Tree Service
Classifications: C61/D49 B C27
Expiration Date: 02/28/25

REGISTERED PUBLIC WORKS

CONTRACTOR
DIR Registration Number: 1000004820
Expiration Date: June 30, 2025
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Section 2. RESOURCES/CAPABILITIES
Pg.4
INTRODUCTION - GSTS owns a fleet of over 210 pieces of state-of-the-art equipment located at our yard in Stanton and a co-located green-waste recycling facility. With an average age of 4 years GSTS holds the most pristine and modern fleet in all Southern California. All applicable equipment used is OSHA certified, will be made available for inspection by the City, and meets all safety and functional requirements required by the State of California.

No. Year Make Model Tag # AERIAL LIFT TRUCKS: 28
No. Year Make Model Tag # DUMP TRUCKS: 35
D41 2012 FRTLN M2 17657E 1
D42 2012 FRTLN M2 67889D1
D43 2012 FRTLN M2 69596A2
D44 2012 FRTLN M2 80788D1
D45 2014 FRTLN M3 14224M1
D46 2015 INTERNAT 4300 60583H2
D47 2009 INTERNAT 4300 31707E 2
D48 2009 INTERNAT 4300 81953F2
D49 2014 INTERNAT 4300 24763J1
D50 2014 INTERNAT 4300 88875M1
D51 2014 INTERNAT 4300 24978J1
D52 2014 INTERNAT 4300 24787J1
D53 2013 FRTLN M2106 33028W2
D54 2013 FRTLN M2106 33027W2
D55 2013 INTERNAT 4300 33377W2
D56 2013 INTERNAT 4300 33376W2
D57 2013 FRTLN M2106 59490X2
D58 2013 FRTLN M2106 66757X2
D59 2014 FRTLN M2 4X2 78363A3
D60 2014 FRTLN M2 4X2 78362A3
D61 2016 INTERNAT 4300 40872U1
D62 2016 FRTLN M2 77753A3
D63 2015 FRTLN M2 7K8WSG
D64 2017 INTERNAT 4300 73370G2
D65 2016 FRTLN M2 41732V1
D66 2016 INTERNAT MA025 68004C3
D67 2015 FRTLN M2 17724UI
D68 2014 FRTLN M2 85130D1
D69 2015 FRTLN M2 22560S1
D70 2015 FRTLN M2 TBD
D71 2015 FRTLN M2 TBD
D72* 2023 FORD F650 63904M3
D73* 2023 FORD F650 63903M3
D74* 2023 FORD F650 63908M3
D75 2023 FORD F650 63900M3
B23 2013 FRTLN XT 43557N1
B24 2013 FRTLN XT 43558N1
B25 2013 FRTLN XT 36561P1
B26 2013 FRTLN XT 36562P1
B27 2013 FRTLN XT 96515R1
B28 2013 FRTLN XT 96516R1
B29 2015 FRTLN XT 96517R1
B30 2011 FRTLN M2 8Z84316
B31 2006 INTERNAT 4700 26138V1
B32 2016 FRTLN XT 10412Y1
B33 2016 FRTLN M2 27425W1
B34 2016 FRTLN M2 27426W1
B35 2017 FRTLN M2 69583A2
B36 2017 FRTLN M2 69595A2
B37 2017 FRTLN M2 69584A2
B38* 2017 FRTLN M2 52319F2
B39* 2017 FRTLN M2 52318F2
B40 2014 INTERNAT 4300 67038M1
B41 2014 INTERNAT 4300 25903J1
B42 2015 INTERNAT 4300 87915P1
B43 2014 INTERNAT 4300 69867M1
B44 2015 INTERNAT 4300 08181V2
B46 2016 INTERNAT 4300 40838U1
B47 2015 FRTLNR M2 19499J2
B48 2016 FRTLNR M2 41701W1
B49 2015 FRTLNR M2 48664S1
B50* 2021 FRTLNR M2 72064D3
B51 2021 FRTLNR M2 TBD
* DENOTES EQUIPMENT DEDICATED TO THIS CONTRACT.
** DENOTES AERIAL BOOM IN EXCESS OF (90) FEET.
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Section 2. RESOURCES/CAPABILITIES
Pg.5
No. Year Make Model Tag # CREW TRUCKS: 22
No. Year Make Model Tag # SALES VEHICLES: 16
S29 2012 TOY PRIUS 6YJG557
S31 2016 JEEP JGC 7RWC909
S32 2016 JEEP JGC 8DEX900
S35 2017 JEEP JGC 7YTZ402
S36 2018 JEEP JGC 8FNS582
S37 2018 CHEV 1500 15594R2
S38 2019 TOY PRIUS XL 8MJK422
S39 2020 CHEV 1500 33960C3
S40 2022 TOYOTA HIGH XLE 9AGK088
S41 2022 TOYOTA HIGH XLE 9CFX814
S42 2022 TOYOTA HIGH XLE 9CFX812
S43 2022 TOYOTA HIGH XLE 9CUT538
S44 2022 TOYOTA PRIUS 9DDA503
S45 2022 CHEV SILVER GSTSINC
No. Year Make Model Tag # CHIPPERS: 35
C30 2012 VERMEER 1800XL SE615974
C31 2012 VERMEER 1800XL SE615973
C32 2013 VERMEER 1500 SE639817
C33 2013 VERMEER 1500 SE639819
C34 2013 VERMEER 1500 SE639818
C35 2013 VERMEER 1500 SE639768
C36 2013 VERMEER 1500 SE639763
C37 2013 VERMEER 1500 SE621154
C38 2013 VERMEER 1500 SE639741
C39 2013 VERMEER 1500 SE641223
C40 2013 VERMEER 1500 SE639729
C42 2013 VERMEER 1500 SE641244
C43 2014 VERMEER 1500 SE641480
C44 2014 VERMEER 1500 SE641256
C45 2014 VERMEER 1500 SE698539
C46 2014 VERMEER 1800XL SE638108
C47 2015 VERMEER 1800XL SE698201
C48 2016 VERMEER 1500 SE646237
C49 2016 VERMEER 1500 SE646236
C50 2016 VERMEER 1500 SE646238
C51 2016 VERMEER 1500 SE650002
C52 2016 VERMEER 1500 SE650000
C53 2016 VERMEER 1500 SE650001
C54 2016 VERMEER 1800 SE650003
C55 2018 VERMEER 1800XL SE703945
C56 2018 VERMEER BC1800XL SE706553
C57 2018 VERMEER BC1500 SE703612
C58 2019 VERMEER BC1800XL SE710834
C59* 2019 VERMEER BC1800XL SE710833
C60 2020 VERMEER BC1500 SE712591
C61* 2021 VERMEER BC1800XL SE661806
C62 2021 VERMEER BC1500 TBD
C63* 2022 VERMEER BC1800XL SE738076
C64 2022 VERMEER BC1800XL TBD
C65 2022 VERMEER BC1800XL TBD
C66 2022 VERMEER BC1800XL TBD
T26 2015 Dodge Ram 1500 43688U1
T27 2015 Dodge Ram 1500 43687U1
T28 2005 Ford F250 7W23548
T30 2015 Dodge Ram 1500 43720W1
T31 NA NA NA NA
T32 2016 Dodge Ram 1500 45537X1
T33* 2016 Dodge Ram 1500 72931Z1
T34* 2016 Dodge Ram 1500 16944Z1
T35 2007 CHEV SIL 2500 8H20899
T37 2019 CHEV 2500 74723P2
T38 2011 CHEV 2500 64568S2
T39 2013 CHEV 2500 64569S2
T40 2017 CHEV 2500 64570S2
T41 2014 CHEV 2500 41421U2
T42 2015 CHEV 2500 55321U2
T43 2019 CHEV 1500 70174U2
T44 2019 CHEV 1500 70162U2
T45 2014 INTERNAT 4300 24779J1
T46 2019 CHEV 1500 49797W2
T47 2020 ISUZU NPR-HD 29370W2
T48 2021 ISUZU NRR 70894Z2
T49 2022 CHEV 1500 80145K3
T50 2022 CHEV 1500 16487R3
* DENOTES EQUIPMENT DEDICATED TO THIS CONTRACT.
** DENOTES AERIAL BOOM IN EXCESS OF (90) FEET.
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Section 2. RESOURCES/CAPABILITIES
Pg.6
No. Year Make Model Tag # Specialty Equipment: 78 ROLLOFFS/BIN COMBO: 20 R7 2013 INTER Roll-Off 60034X1
R8 2016 FRTLN Roll-Off 96017D2
R9* 2018 FRTLN Roll-Off 99769N2
BIN 4* 2014 CONSOL BIN 6’ NA
BIN 5-10, 12-14 2015 CONSOL BIN 4’ NA
BIN 11, 15-16 2017 CONSOL BIN 8' NA
BIN 17-20 2022 CONSOL BIN 8’ NA
STUMP GRINDERS: 10
G07 2011 VER SC352 NA
G08 2013 VER SC802 NA
G09 2014 VER SC372 NA
G10 2014 VER SC372 NA
G11 2016 VER SC55T NA
G12* 2017 VER SC552 NA
G14 2019 VER SC382 NA
G15 2019 VER SC382 NA
G16 2021 VER 70TX NA
TRACTORS: 7
TRAC 11 2006 CAT 928G NA
TRAC 12 2005 TOY 7FGCU25 NA
TRAC 13 2014 Case 21E NA
TRAC 14 2016 Case 21E NA
TRAC 15 2017 Case TR270 NA
TRAC 16 2018 CAT 289 NA
TRAC 17/T48** 2020 All Access 92HD NA
GATOR TRUCK: 6
G3 2014 JOHN DR GATOR NA
G4 2014 JOHN DR GATOR NA
G5 2019 JOHN DR GATOR NA
G6 2022 JOHN DR GATOR NA
G7 2022 JOHN DR GATOR NA
G8 2008 EZGO TXT NA
TRAILERS: 21
TR2 1965 BLK CAR TRAILER 4BC8890
TR8 2003 FLTBED TRAILER 4KL8285
TR10 2011 BUTLER TRAILER- G7 4LL6089
TR12 2012 RONCO Trailer 4ML1114
TR13 2014 BUTLER Trailer - G9 4NJ9969
TR14 2015 DV TRL Trailer 4NT2415
TR15 2015 DV TRL Trailer 4NT2409
TR16 2014 BUTLER Trailer - G10 4NL8999
TR17 2013 BIG TEX Trailer Heavy 4PP6979
TR18 2016 BIG TEX Water Trailer 4PW3183
TR19 2017 BUTTLER TILT BED 4PY5794
TR20 2017 BIG TEX FLAT BED 4RE7097
TR21 2017 BUTTLER Trailer 4RA9174
TR22 2017 DVTRA Trailer 4RT3118
TR23 2003 CARSO Trailer 1KT7228
TR24 2019 DV Trailers Trailer 4TB1802
TR25 2019 DV Trailers Trailer 4TB1803
TR26 2019 Butler Trailer 4TA3080
TR27 2019 Butler Trailer 4TA3082
TR28 2021 Butler LT712 Trailer AV28F36
TR29 2022 DV TRL VANGUARD 4VG1313
ARROW BOARDS: 14
AB6 2013 Wanco WANCO SE627182
AB7 2010 Wanco WANCO TBD
AB8 2013 Wanco WANCO SE627179
AB10 2013 Wanco WANCO SE627181
AB13 2014 Wanco WANCO SE627196
AB14 2014 Wanco WANCO SE653827
AB15 2014 Wanco WANCO SE653828
AB17 2017 Wanco WANCO SE676084
AB18* 2018 Wanco WANCO SE695784
AB19* 2018 Wanco WANCO SE695782
AB20* 2018 Wanco WANCO SE695783
AB21 2019 Wanco WANCO SE638251
AB22 2019 Wanco WANCO TBD
AB23 2019 Wanco WANCO TBD * DENOTES EQUIPMENT DEDICATED TO THIS CONTRACT. ** DENOTES AERIAL BOOM IN EXCESS OF (90) FEET.
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Section 3. PROJECT ORGANIZATION
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INTRODUCTION – Great Scott Tree Service, Inc. is a family-owned and operated company located at 10761 Court Ave, Stanton, CA since 1987. We currently employ over 145 qualified professionals out of our Orange County based Headquarters; including Arborists and Tree Workers certified by the International Society of Arborists (ISA). They are fully trained and knowledgeable of the latest pruning standards and techniques.

DEDICATED STAFF
Upon awarding the contract, Great Scott Tree Services Inc. will assign Kirk Hinshaw to be the Project Manager and Raudel Gutierrez will act as your Project Supervisor. Scott Griffiths will be your backup Project Manager and Daniel Rueles will be your backup Project Supervisor.

These individuals have a long history in the tree maintenance field and are ISA certified arborists. They will solely oversee the crews working within City Property. Along with the supervision of crews, Raudel will cooperatively work with the City on all ongoing work, scheduling of future work, work requests, emergencies, and attend meetings with City personnel when requested. In the event of absence or illness, City Staff will be notified of his replacement and credentials for review and approval. It is imperative that our customers are able to contact a Great Scott Tree Service, Inc. employee at any time. The Project Supervisor is in the field continuously supporting his Crew Leaders and will be attending, in addition to the Project Manager, scheduled meetings with City officials.

GREAT SCOTT TREE SERVICE ORGANIZATION CHART
City of San
Clemente
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KEY PERSONNEL
Scott P. Griffiths,
President / Founder
Professional Registration
ISA, Certified Arborist #WE-0901AM
ISA, Certified Municipal Arborist
Mr. Griffiths founded Great Scott Tree Service, Inc. in 1976. As President, Scott oversees the complete operation of the company.

He is a Certified Arborist and long-standing member of the International Society of Arboriculture. Over the past 47 years, Scott has developed a successful company on the foundation of customer satisfaction, safe operations, and quality tree care.

Kirk Hinshaw
Vice President of Operations
Professional Registration
ISA, Certified Arborist #WE-1475A
Credentialed Treecare Safety Professional (CTSP)
Kirk Has worked in the tree care industry for over 35 years. He is a graduate from Southern Illinois University where he received his degree in Forest Resource Management. Kirk plays a key role in making sure our operations are providing the finest quality tree care in the most efficient way.

Jeanie Roulson,
Vice President of Internal Operations
Jeanie Roulson is our Director of Internal Operations. Her responsibilities include but are not limited to ensure that process and communication flow from customers to GSTS remain open and efficient and to ensure work is getting processed in a timely manner. She has been with GSTS for 15 years and her friendly, attentive, and timely manner make her a great asset to both us, and the clients that she serves.
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Jaime Meza,
Safety Coordinator
Professional Registration
ISA Certified Arborist #WE10874AT
HAA Certified Aerial Rescue Instructor, HAA Certified EHAP Certified FA/CPR-AED
Jaime brings over 30 years of experience and a passion for giving back to the industry. As Safety Coordinator he is responsible for the implementation of appropriate safety measures and upholding of quality work standards on the part of field employees.

Raudel Gutierrez,
Lead Project Supervisor
Professional Registration
ISA, Certified Arborist # WE-10588A
HAA Certified Aerial Rescue, HAA Certified EHAP
Certified FA/CPR-AED, Wildlife Certified, Traffic Control & Flagger Certified Raudel has over 20 years of experience in the Tree Maintenance Industry. As the Lead Project Supervisor, it is his role to oversee all of the crews in the field and to ensure work is being completed to standards in a safe and efficient manner. As an ISA Certified Arborist, Daniel fully understands the requirements that are needed to ensure the health of trees.

Daniel Ruelas,
Back-Up Project Supervisor
Professional Registration
ISA, Certified Arborist + Tree Worker # WE-10688A
HAA Certified Aerial Rescue, HAA Certified EHAP
Certified FA/CPR-AED, Wildlife Certified, Traffic Control & Flagger Certified Daniel has over 20 years of experience in the Tree Maintenance Industry. As the Backup Project Supervisor, it is his role to oversee all the crews in the field and to ensure work is being completed to standards in a safe and efficient manner in the unlikely event that Daniel is unavailable. As an ISA Certified Arborist, Raudel fully understands the requirements that are needed to ensure the health of trees.

Brenton Beller
Contract Administrator
Brent has been with Great Scott Tree Service, Inc. for 14 years. He will oversee the review and execution of maintenance agreements, acquisition of all applicable certificates, bonds, licensing and permits required by the City. Ongoing duties will include monthly tracking of contract budgets, coordination of collaboration meetings, and progress reports to promote successful long-term partnerships.
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Arvizu, Enrique 2103C Lopez, Paulino WE- -11337T
Cruz, Jose L. WE-11481T Ortiz, Jose L. WE-11038T
Escobedo, Jesus 859C WE-10824T Ruelas, Daniel WE-10688A Gonzalez, Ruben WE-12334T Vallejo, Jose WE-11077T
Gutierrez, Servando 2262C Vergara, Pablo WE-8279T
Arvizu, Enrique WE-10530A Hinshaw, Kirk WE-1475A
Cornish, Garrett WE11315A Mello, Chris WE-9501A
Griffiths, Scott WE-0901AM Meza, Jaime WE-10874AT
Gutierrez, Raudel WE-10588A Ruelas, Daniel WE-10688A
Gutierrez, Servando WE-11081AT Tran, Ba WE-6543A
EMPLOYEE CERTIFICATION - Great Scott Tree Service, Inc. goes one step beyond just hiring qualified employees, it also works with employees to obtain arborist certification, tree worker certification, as well as wildlife certifications. The breadth of knowledge within our staff is important as in the event of absence or illness another qualified and certified employee would be able to fill in seamlessly. A list of certified employees is listed below.

TCIA ACCREDITATION - Great Scott Tree Service is an accredited TCIA member and you’re your Project Manager, Kirk Hinshaw serves as our Certified Treecare Safety Professional (CTSP). TCIA Accreditation is a third-party consumer confidence verification program administered by the Tree Care Industry Association (TCIA) – America’s oldest and most respected tree-care trade association. Accreditation helps consumers identify qualified tree care companies who conduct business in a safe, legal and ethical manner.

CERTIFIED ARBORISTS - The International Society of Arboriculture (ISA) through research, technology, and education, promote the professional practice of arboriculture and fosters a greater worldwide awareness of the benefits of trees. The ISA offers a rigorous program which our certified arborists have partaken in. It is vital to the health and wellness of urban forests to ensure that a certified arborist oversee the City of San Clemente contract. Our arborists are required to accumulate a minimum of ten Continuing Education Units per year, which most of our arborist exceed. Below is a current list of our Certified Arborist’s.

CERTIFIED TREE WORKERS - The ISA also provides certification for tree workers to ensure strict standards and guidelines are set in place to ensure health and productive growth in trees across the country. Great Scott Tree Service, Inc. strictly trains and assigns certified tree workers to do all tree cutting for all our customers to ensure work is done to the highest standards. All of our Certified Tree Workers are required to have a minimum of six Continuous Education Units in order to educate themselves on any new requirements or changes. Below is the list of our Certified Tree Workers:
*AM denotes Certified Municipal Specialist
*AU denotes Certified Utility Specialist
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CA CONSULTING ARBORISTS CA PEST CONTROL ADVISOR
Meador, Chris Paul Web 71020
Simms, Susan Susan Simms

QUALIFIED TREE RISK ASSESSOR QUALIFIED APPLICATORS LISCENSE Griffiths, Scott Agustin Dominguez 100829
Hinshaw, Kirk Paul Webb 96325
Chris Mello 145160

TCIA SAFETY PROFESSIONAL MUNICIPAL ARBORIST
Hinshaw, Kirk Scott Griffiths WE-10642BA

AERIAL RESCUE CERTIFIED CPR/FIRST AID CERTIFIED
Employee Count: 53 Employee Count: 54

WILDLIFE CERTIFIED TRAFFIC CONTROL CERTIFIED
Employee Count: 22 Employee Count: 11

CONTRACTORS LICENSE
State of Certification: California
License Number: 556832
Entity: Corporation
Business Name: Great Scott Tree Service
Classifications: C61/D49 B C27
Expiration Date: 02/28/25

REGISTERED PUBLIC WORKS

CONTRACTOR
DIR Registration Number: 1000004820
Expiration Date: June 30, 2025
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PROPOSED SUBCONTRACTOR’S
Company Name: RCM Arbor Consulting
Address: 25422 Trabuco Road, Suite 105-310, Lake Forest, CA 92630 License No.: ISA #WE 5668 A
Authorized Representative: Chris Meador
Contact Number: (714) 305-7878
Email Address: [email protected]
DIR No.: 10000697298
Subcontractor Function: Consulting Arborist
Subcontractor’s Professional Experience: RCM Arbor Consulting offers 40 years of experience. Chris Meador has been an ISA Certified Arborist #We5668a Since 1999 and an ISA Qualified Tree Risk Assessor Since 2010. Core services offered are Tree Care Consultation, Arborist Reports, Tree Pruning Programs, Tree Health Care Plans, Tree Risk Assessment & Hazard Reports, Expert Witness Testimony & Depositions, Tree Disease And Pest Control, Tree Inventories And Evaluations, Tree Value Appraisal Reports, Contractor Oversight, and Independent Third Party Reports
Company Name: RPW Services, Inc.

Address: 2473 E. Orangethorpe Avenue, Fullerton, CA 92873 License No.: 942173
Authorized Representative: Paul Webb
Contact Number: (714) 870-6352
Email Address: [email protected]
DIR No.: 1000014072
Subcontractor Function: Tree Pest Control
Subcontractor’s Professional Experience, Qualifications, and Training: RPW Services, Inc. has been in business since 1987. We specialize in Tree, Landscape, Turf, weed, aquatic, health related (mosquitos and black fly), pests, etc. PCA since 1987, City of Newport Beach tree and Paul Webb has been a plant health care provider since 1994. RPW employs 16 applicators, 5 Advisors/ ISA CA, Variety of application methods used
Company Name: Senna Tree Company
Address: 9255 Sunland Blvd., Sun Valley, CA 91352
License No.: 731721
Authorized Representative: John Mote
Contact Number: (818) 957-5755
Email Address: [email protected]
DIR No.: 1000026682
Subcontractor Function: Crane Rental with Operator
Subcontractor’s Professional Experience, Qualifications, and Training: John Mote is a second generation Arborist (former climber) and NCCCO certified crane operator, from 1985 to 1997 he worked for the tree Moving division of Valley Crest Tree Co who owned a fleet of cranes and rented cranes up to 350 ton capacity. As an Owner of a fleet of 5 hydraulic cranes from 30 to 175-ton capacity since 1997, he brings 35 years crane experience to our team which includes many key employees with equal or a decade or more on the job crane experience. 924
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INTRODUCTION – Great Scott Tree Service appreciatesthe importance of maintaining the City of San Clemente’s urban forest and will do so with high quality tree care practices so that all your living assets will be properly maintained. We understand that the city intends to award an approximately five-year contract for this work, beginning July 1, 2024 and extending through June 30, 2029.

All work on the following arterial streets shall be limited to between 9:00 AM and 3:30 PM: Avenida Pico, El Camino Real, Avenida Vista Hermosa, Avenida La Pata, Avenida Talega, Camino De Los Mares, Camino De Estrella, and Camino Vera Cruz
Great Scott will provide highly trained personnel to oversee the tree maintenance services which will including Kirk Hinshaw who will serve and your Contractor’s Representative, Raudel Gutierez who will be your acting Project Supervisor, and multiple Crew Forman who will meet with the City’s Representative on a biweekly basis.

These services for the urban forestry maintenance program will be done in a thorough and professional manner providing all labor, tools, equipment, materials, and supplies necessary to complete all the work in a timely manner.

LOCAL CONDITIONS – Several members of Great Scott including your assigned Contractor Representative and Project Supervisor spent multiple days driving throughout the City to familiarize themselves with your urban forest and the following observations were made which will be incorporated into the services and objectives that we will provide.
• The pier area requires a great deal of traffic control as it is a very busy pedestrian and vehicle area with tight streets and parking. We will provide the city with certified traffic control personnel who will be familiarized with this area prior to commencement of operations. • The south part of the city has been developed differently with “No” sidewalk easement.

Special care will be taken to work with residents in these locations as the city’s trees are close to homes and personal landscapes.
• The trees in the northern part of the city, south of the 5 Freeway, and Downtown appear to be more “manicured” areas that will require special attention and coordination with city staff to establish the desired pruning patterns for detailed work in advance. We will also take special consideration to work with the many shops and businesses that call this confined area home.
• The northern part above the 5 Freeway, are medium sized trees woven through many HOAs, some of which we have maintained in the past.
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PROJECT SCHEDULE - Great Scott Tree Service, Inc. has in place a very thorough implementation process in the event that the City of San Clemente were to award us with the Tree Maintenance Services contract. Below are the phases that would occur:

PHASE 1: CONTRACT ADMINISTRATION
• Review and execute the Tree Maintenance Agreement.
• Provide all required Certificates of Insurance and Bonds. • Acquire all Licensing and Permits required for operations. • Arrange a pre-operational meeting between GSTS personnel. and City Staff to align expectations and processes.
• Schedule introductory meeting of key personnel from Great Scott Tree Service, Inc., and City Staff.
• Obtain Notice to Proceed Letter and Purchase Order.

PHASE 2: OPERATIONAL PREPERATIONS
• Dedicated vehicles and equipment will be made available for pre-inspection by City Staff.
• Assigned field crews will be familiarized with City specifications and standards. • GSTS Inventory Specialist / Certified Arborist will begin collecting all required GIS inventory data in the order that our crews will be working through the City. The Citywide GIS inventory will be completed and operational within the timeframe specified and will be compatible with the City’s inventory software.
• Cost proposals will always be provided in advance to give City Staff visibility of progress and budget management at the front end.

PHASE 3: MOBILIZATION
• Scheduling confirmations including work start date, location, scope, and crew’s configuration will be sent to City Staff for approval.
• Public Notices will be mailed in a timeframe and format approved by the city. • English-Speaking ISA certified crew will arrive on site, on time, & ready for the work at hand.
• All precautions will be made at the Work Site to ensure positive Public Relations and Protection.
• Traffic Delineation will be staged as necessary and will always be in compliance with the Work Area Traffic Control Handbook (Watch).
• Certified Wildlife Personnel will always perform a visual inspection of the trees for Bird Nesting, prior to commencing work.
• Crews will verify inventory attributes, record services completed, and report hazard conditions.
• All work performed will conform to ISA, ANSI, and City Standards. • All debris will be removed from the work site each day. • City Staff will receive prior-day progress reports to track progress and coordinate visual inspections.
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PHASE 3: MOBILIZATION (continued)
• Staff access to our web-based GIS Inventory program will give you a transparent overview of all areas of operation.
• Reserve Staff and Equipment will provide immediate response to tree related emergency situations twenty-four hours per day, seven days per week. • Onsite incidents, damage, or complaints will be immediately communicated to City Staff; all measures will be taken to resolve such issues in the timeliest manner possible.

PHASE 4: CONTINUED IMPROVEMENT
• GSTS will host live training studios to educate City Staff on our web-based Inventory System, “TrimIT.” We will also provide you with our detailed user guide which offers step-by-step instruction for utilizing all the services that TrimIT has to offer. • Internal bi-weekly Safety Meetings and quarterly Training Seminars are provided to all field staff by our OSHA Certified ISA Safety Supervisor. Agendas include review of our Injury and Illness Prevention Program (IIPP), Cal-OSHA policies, ISA, and ANSI safety requirements.
• Certified Arborists and Certified Tree Workers practice continuous improvement principles earning Continuing Education Units (CEUs) to maintain their certifications. • Maintain excellent Public Relations through participation in Chamber of Commerce, local Fundraisers, educational demonstrations at Schools, and Arbor Day events. 927
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SERVICES OFFERED - Great Scott Tree Service, Inc. is a full-service operation equipped and qualified to provide you with the best solutions for all of your tree maintenance needs. GSTS will deliver a level of quality that meets or exceeds the International Society of Arboriculture (ISA) standards. We are dedicated to providing tree services that results in a neat, clean and attractive appearance to trees and associated sites serviced. Below is an overview of the most common tree maintenance services that we can provide.

TREE PRUNING is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. A Full Prune typically consists of one or more of the following pruning treatments:
• Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low-vigor branches and water sprouts from the entirety of the tree crown. • Crown Reduction is used to reduce the height and/or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay.
• Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. This treatment is best performed by tree workers who have a good understanding of the effects of pruning for the cultivation of tree canopies.
• Crown Thinning includes crown cleaning and the selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength.

Thinning reduces the wind-sail effect of the crown and the weight of heavy limbs.

SERVICE REQUEST PRUNING - At the discretion of the City, service requests can be submitted directly through our web vendor portal or through your dedicated supervisor. City Representatives will have the option, at their convenience, to schedule a vendor portal training seminar where they will learn how to create and track service requests, view upcoming and ongoing jobs, and track overall work history in both GIS map form as well as printable invoice / work history form. Once a request has been submitted City Staff will receive itemized service proposals for review and approval.

Regardless of the preferred submittal methods our firm can and will mobilize / deploy crews in any timeline that best fits the City Representative’s expectations and needs. It is our intention to work directly with City Staff in providing a level of flexibility to allow for all ranges of response time including, planned project schedules, non-emergency, and emergency requests.

LINE CLEARANCE PRUNING is performed when any member of a tree has the potential to compromise the safety or functionality of utility lines within the Cities urban forest. This service type refers to the pruning, trimming, repairing, maintaining, removing, or clearing of trees or the cutting of brush that is near (within 10 feet of) energized power lines in accordance the clearance specifications set forth in General Order 95. Additionally, all efforts will be made to protect the health and overall aesthetics of tree in question.
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SAFETY CLEARANCE PRUNING is performed when conditions within the crown of a hardwood tree are such that a certain objective needs to be met or a certain condition needs attention. Parkway trees located in adjacent residential neighborhoods with limbs that hang less than 14 feet above the roadway and 9 feet above the sidewalk would be candidates for Safety Clearance Pruning under this contract and may consist of one or more of the following pruning types:
• Crown Raising consists of removing the lower branches of a tree in order to provide clearance for buildings, vehicles and pedestrians. It is important that a tree have at least onehalf of its foliage on branches that originate in the lower two-thirds of its crown to ensure a well-formed, tapered structure and to uniformly distribute stress within the tree. • Clearance prune is employed as a means of eliminating limbs from the crown of a hardwood tree when an entire pruning of the tree is not warranted. Clearance pruning does not involve the fine detail work described herein as “full prune”.

PALM TREE CARE criterion varies based on the species, type and/or purpose of the service being performed and consists of maintaining the crowns and trunks of palm trees including the pruning of spent or declining fronds and seedpods, trunk sounding, and the skinning/pinneappling or shaping of spent petiole bases into a ball or nut as applicable by palm type.
• Palm Pruning shall consist of the removal of loose dead fronds, fruit clusters and other vegetation from the trunks of all palms in a manner selected by the Contractor and approved by the City’s Contracting Officer.
• Palm Sounding is proactive approach to preventing extreme safety hazards and (in some recorded cases) death caused by non-visible decay in the trunk interior. A sound inspection is performed at the three general stem areas: the upper stem, middle stem, and lower stem at the North, East, South, and West points of the tree. Detailed written reports with findings, overall assessment, and recommended course of action are then submitted to the City for review. • Palm Skinning is performed to promote positive health, safety, and aesthetic characterizes in most varieties of palm species. Spent petiole bases are left uniformly long to form a base, which shall extend a specific distance (based on the individual species of palm) below the lowest live frond in the crown. Using hand tools, the Contractor shall skin the trunk area below the base clean without causing damage to live trunk tissue. • Palm Pineappling is performed to promote positive health, safety, and aesthetic characterizes specific to Date Palms (Phoenix canariensis & Phoenix dactylifera). Dead petiole bases shall be formed into an ornamental ball, which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown.

SMALL TREE CARE is most commonly utilized in the process of “training” young trees to promote a strong arrangement or system of branches with good attachment, appropriate size, and desirable spacing. We support the belief that appropriate care during the tree’s establishment period will go a long way in creating safer, aesthetically pleasing, and heathy trees in the years to come.
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TREE REMOVAL consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system. Removals will be completed per monthly lists or individual service requests submitted by the City’s authorized representative. With advanced notice GSTS will identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. GSTS will maintain control of the tree and its parts at all times; branches, limbs and trunk sections will be carefully lowered to the ground so as to avoid damage of any type caused by free-falling items. Immediately following the removal, stumps, including the root flare and surface roots shall be ground to a depth in accordance with ANSI Z133 Standards and City of San Clemente Specifications. If any work requires excavation, the GSTS will be responsible for appropriate notification of Underground Service Alert (USA).

TREE PLANTING - Great Scott Tree Service along with Elite Nursery will coordinate any planting needs. Elite Nursery is a subsidiary of Great Scott Tree Service and has a 3-acre parcel of land in the City of Stanton that is used for growing grounds. Elite nursery is fully functional and can grow specialty trees, as well as, purchase other types of trees depending on availability and size. Prior to planting GSTS can assess the planting site and provide the City with a Recommended Planting Guide which will include an outline of viable replanting options and will include detailed description sheets of each species included.

Planting palettes will always be determined by our ISA Certified Arborists after a carefully consideration of the planting site area size, probability of successful establishment, cohesive aesthetics to the immediate surrounding area, and the City’s general development goals. Upon approval from the City’s authorized representative, GSTS will coordinate purchasing and planting operations. Our planting team will conduct all soil preparation, tree installation, and backfill to ISA standards, ANSI A300 standards, and City specifications.

NOTIFICATION - Prior to the commencement of any nonemergency work at any tree site, the Contractor shall, by mailing, notify residents and/or businesses of scheduled tree operations that shall be performed and the anticipated time frame during which the work shall be performed. In addition, Contractor shall provide and post “No Parking” signs 72 hours in advance with signs that show dates, times, and maintenance to be performed. In no case will signs ever be posted onto a City Tree.

EMERGENCY SERVICES - Great Scott Tree Service, Inc. understands the importance of a timely response in the event of emergencies within the City. Our unique customer base along with our strategic market plan allows our work crews to be centrally located in the Orange County Area. This allows for prompt responses in the event of emergencies. We utilize a twentyfour (24) hour emergency hotline which is routed to our area manager and crew leaders who will immediately respond during normal business hours of operation, after-hours, weekends and holidays. Great Scott Tree Service, Inc. has a superb record in regards to the prompt response to emergency call outs. We have auxiliary staff that can respond to tree related emergency situations ranging from limbs down on a single tree to large scale storm related damage requiring the commitment of significant resources and staffing levels for several days. Response time for emergency and after-hours tree service requests will never be greater than one (1) hour. Our response team will never leave until a site has been safely cleared of all tree related hazards. 930
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ROOT PRUNING is the process of pre-cutting roots behind the line of a planned excavation to prevent tearing and splintering of remaining roots. Pruning should only be considered when feasible and careful consideration of the minimum distances from the trunk must always be taken into consideration to establish the allowable limits of cut-back so as not to compromise the anchorage of the tree. GSTS will always notify the City when root pruning is not a viable option and will never proceed if the pruning will in any way jeopardize the health, stability, or safety of the tree in question.

ROOT BARRIER INSTALLATION is a method utilized to prevent damage to hardscapes from tree roots and when used appropriately this application can be utilized to help trees thrive in difficult urban and suburban surroundings. Root barrier installation includes all the root pruning methods described above with the added application of installing semi-rigid deflector panels placed between the tree roots and hardscapes. As will root pruning, the same considerations must be taken before a tree can be deemed a viable candidate for this application. Again, GSTS will always notify the City when root barrier installation is not a viable option and we will never proceed if the installation will in any way jeopardize the health, stability, or safety of the tree in question.

TREE WATERING will be performed by a one man crew with a water truck who will water various routes including landscape median and young trees that are three (3) years old and younger. GSTS will water all trees in such a manner that will not result in erosion of the treewatering basin, splashing of parked vehicles or damage to any of the tree’s surroundings.

CONSULTING ARBORIST / INSPECTION can go a long way in keeping liabilities at a minimum. Great Scott Tree Service employs several consulting arborists who can respond to inspection requests and provide detailed reports and recommendations on as little as an individual tree to large tree populations.

TREE INVENTORY & ONLINE MAINTENANCE ACCESS - Great Scott Tree Service provides its customers with a comprehensive tree inventory and database program. Over the past eight years our firm has developed an “in-house” state of the art database system based on Microsoft and ESRI architecture. Our program incorporates both GPS (global positioning system) and GIS (geographic information systems) technology. This is a standalone database that is compatible with ArcGis software. Our data collectors will maintain a complete inventory including Tree Species, Condition, Diameter, Work History Records, and Longitude and Latitude Coordinates. Furthermore, the data collector will (based on Customer specifications) identify all vacant planting sites in each zone. The program includes a feature for a work history update disk that will be provided with each invoice.

DATA ENTRY is a service that GSTS offers to ensure that you are provided with staff capable of imputing detailed tree information into your Tree Inventory which includes but not limited to:

GPS Location, Work History, Service Requests, and Tree Listing Reports.

SPECIALTY EQUIPMENT RENTAL will always be readily available should the City come upon a project requiring extraordinary work. GSTS warehouses a number of Roll-offs boxes, loaders, tractors, lifts, and utility vehicles which can be utilized where they are needed. 931
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QUALITY CONTROL - Great Scott Tree Service, Inc. has incorporated an extensive quality control plan that begins with safety and continues with pruning standards, certified personnel, customer service, traffic control, and working guidelines. This quality control plan will be implemented immediately to ensure the City of San Clemente receives consistent quality work and exceptional service.

PROJECT COMPLIANCE - Great Scott Tree Service, Inc. will conduct all work outlined in the contract in such a manner as to meet all accepted standards for safe practices during the maintenance operation; safely maintain stored equipment, including machines and materials or other hazards consequential or related to the work; and agrees additionally to accept the sole responsibility for complying with all City, County, State or other legal requirements including, but not limited to, full compliance with the terms of the applicable OSHA and CAL EPA Safety Orders at all times so as to protect all person, including contractor employees, agents of clients, vendors, members of the public or others from foreseeable injury or damage to their property. If it appears that the work to be done or any matter relative thereto is not sufficiently detailed or explained by the specifications, Great Scott Tree Service, Inc. shall refer to the City Representative for such further explanation as may be necessary and shall conform to such explanation or interpretation as part of the contract so far as may be consistent with the intent of the original scope of work.

PRUNING STANDARDS - Great Scott Tree Service, Inc. adheres to the highest quality pruning standards set forth by the International Society of Arboriculture, Society of Municipal Arborists, and the American National Standards Institute that results in a neat, clean and attractive appearance to trees and associated sites serviced under the terms of the contract. Great Scott Tree Service’s Safety Manager, ensures tree care professionals abide by the most current practices and standards. Certified Arborists and Certified Tree Workers practice continuous improvement principles earning Continuing Education Units (CEUs) to maintain their certifications., Newly hired and promoted apprentice trimmers are trained under the guidance of a Certified Tree Worker.

CREW SUPERVISION - Great Scott Tree Service, Inc. will at all times have an Englishspeaking ISA Certified crew leader at each work location. A supervisor, with the ultimate responsibility for the project, will be an ISA Certified Arborist. Each crew leader and supervisor is equipped with a cell phone for immediate contact in case of emergency.

SAFETY PROGRAM - We take pride in our continual commitment to safety. It is important for the health and welfare of our employees as well as the communities that we serve. We employ a full time Risk Manager and Field Safety Supervisor. Our industrial safety record is outstanding. On a quarterly basis we provide a training seminar for all employees at our office in Stanton, California. Our staff abides by Cal-OSHA policies, International Society of Arboriculture and American National Standards Institute (ANSI Z133.1) safety requirements.

While we do perform safety training on an annual and quarterly basis, that is not enough. Our crew leaders discuss safety issues on a bi-weekly basis with the management team. Furthermore, crew leaders review the National Arborist Association Tailgate Safety meeting sessions with every member of their crew.
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Injury and Illness Prevention Program (Safety Manual) - Great Scott Tree Service, Inc. with the help of our insurance carrier has developed an Injury and Illness Prevention Plan. The document includes the following:
• General Safety Rules
• Drug & Alcohol Free Workplace
• General Emergency Action Plans as well as Emergency Fire plans • Safety communication system with employees
• Hazard Assessment for Personal Protective Equipment (PPE) Accident investigations and review
• Back Injury and Fall Protection Prevention programs
• Specific Operational Procedures & Safety Guidelines
• Accident Investigation procedures and Root Cause Analysis • Manuals and Training Matrices
• Driver SOPs and Safety Guidelines
• Traffic Control around Work Zone
TRAFFIC CONTROL - Great Scott Tree Service, Inc. understands that where work is in progress, each street shall be open to local traffic at all times unless prior arrangements have been made and approved by the appropriate agency or its designated representative.

Great Scott Tree Service, Inc. will display standardized warning signage in accordance with the Work Area Traffic Control Handbook (W.A.T.C.H) and State of California Manual of Traffic Controls. In the event there are county or city specific traffic control guidelines, prior conversations with those entities will take place to ensure that these are adhered to as well. At no time shall traffic be permitted to enter, or operations allowed to carry on, within any work zone that presents a dangerous condition to pedestrian and/or vehicular traffic. The rights of the utility companies within the public right of way and their need to maintain and repair their facilities will be recognized. Great Scott Tree Service, Inc. shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from performing maintenance during a specified time frame.

INSPECTION - The City Arborist and/or his/her authorized representative shall at all times have access to the work and shall be furnished with every reasonable facility for acquiring full knowledge with respect to the progress, workmanship and characters of materials used and employed in the work. Whenever the GSTS varies the period during which work is carried out, they shall give advanced notice to the City Arborist. Any inspection of work shall not relieve GSTS of any obligations to fulfill the contract as prescribed. Any and all questions regarding the performance of the work shall be directed to the City Arborist. All equipment used and all maintenance practices employed shall be subject to the inspection of the City Arborist or designated representative and shall meet safety and functional requirements described herein. All vehicles and equipment operating under this contract shall be properly marked with company identification. All equipment must be maintained in a good state of repair. All safety guards shall be in place. No equipment shall leak oil or fluids. No equipment shall present any potential danger to the operator, co-workers, passing motorists or pedestrians. 933
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CLEAN UP - Upon completion of work on individual street segments that are under the contract, Contractor shall clean the work site and all grounds adjacent to the work area of all debris, excess materials and equipment. All sections of the work area shall be left in a neat and presentable condition. Care should be taken to prevent spillage on any property over which work or hauling is done, and any such spillage or debris deposited on street due to Contractor operations shall be immediately cleaned up.

EMPLOYEE COVERAGE
As your Tree Care Provider, one of our most important responsibilities is creating a stable and reliable workforce. We achieve this by implementing redundancies at every staffing level. With over 145 workers centrally located in Orange County we have the field resources and internal scheduling professionals to provide you with well trained and certified replacements before any disruptions occur. if the City of San Clemente were to award us with the Tree Maintenance Services contract we are prepared to provide you with certified field workers consisting of groundmen, Tree Trimmers, and Senior Tree Workers scaled up and down based on the City’s tree maintenance needs. A general Grid Pruning Crew would consist of one (1) Senior Tree Trimmer, two (2) Tree Climbers/Bucket Operators, and two (2) Groundmen. A Palm Trimming crew will consist of general crew scaled up by additional men as needed. We will also provide standby crews of three (3) to seven (5) men as needed for Tree Removal and Planting.

INCIDENTS & COMPLAINTS - Great Scott Tree Service, Inc. understands that the best way to deal with deficiencies or incidents and complaints is to avoid them completely. However, on the rare occasion that occurrences of this nature may happen our Foreman will immediately notify the Customer Service Department, who will log it into our database, report it to the City Representative and Property Owner within 24 hours, and perform all corrective measures or repair within 48 hours. Any complaints will be handled in a similar fashion. The Customer Service Department will log it into the database and schedule a meeting between the complainant and our District Manager within 24 hours and perform corrective measures within 48 hours.

CUSTOMER SERVICE - In today's customer service-oriented society, timely, friendly, and proactive service is paramount in enhancing client experiences and creating long term business relationships. At the core of Great Scott’s business model is our dedication to customer care and many of our internal processes have been engineered to serve your best interests. When partnering with GSTS you will always be provided:
 An Executive Project Manager who will be dedicated to the success of your project. Your project manager will be responsible for understanding, outlining, and implementing all your expectations under this contract. This person will always have the authority to do all that is necessary to create the best possible results for your vision of this contract.  A dedicated customer service representative will provide you with timely, courteous, and accurate support throughout the duration of your contract
 An English-speaking ISA Certified Arborist will oversee all ongoing operations and will be your direct point of communication to all onsite crews at the ground level.

Everyone at Great Scott knows that our customers are our #1 Priority and have been trained to exhibit dependability, integrity, quality, and courtesy at all times. We believe that you, the customer, are our greatest asset and we are dedicated to creating positive experiences for you. 934
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WEB-BASED INVENTORY PROGRAM
Over the past ten years Great Scott Tree Service, Inc. has been developing and maintaining a web-based tree inventory program to assist you in the efficient management of your trees. The program utilizes a GIS (Geographic Information System) component that provides the user with a visual representation of the trees in the field. The program was developed by an ISA Certified Arborist with over ten years of experience in the tree inventory industry.

ONLINE ACCESS
TrimIT offers 24-hour online
access to your tree inventory
database. Its intuitive design
will make the user feel right
at home with its web-based
interface. The database
allows the user to query the
data on a variety of fields and
conditions that is designed
for the tree professional not
the computer programmer.

The following functions will
allow the user to:
• View Your Job Calendar
• Create Works Requests
• Track Work Orders
• Review Invoicing
• Browse Tree Inventory
• Add Media & Notes

INTERACTIVE JOB CALENDAR
Time management is paramount in any professional operation, and it is a resource that we rely on to successfully manage each of our contracts. Our interactive calendar provides up-to-date project schedules for all recommended maintenance cycles. In addition, each calendar item is a live hot link that can instantly navigate you up from a GPS map of all trees being trimmed by scheduled grid, or down to a single inventory detail of any tree being trimmed.

HOME: City of San Clemente (Inventory)
City of San Clemente
Representative
Welcome
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WORK REQUESTS
TrimIT will optimize the time spent on tree
management. All trees are inventoried including the
species, DBH, height, condition, and maintenance
costs. An area on the map can be highlighted and the
maintenance cost can automatically be calculated. You
can then create a work request by viewing a map and
highlighting the desired trees, TrimIT will print a work list and a map of the locations for an outside contractor or in-house crew.

WORK ORDERS
After a request has been submitted it will automatically be added a list of Work Orders which can be
dynamically viewed at both micro and macro levels of
detail.

INVOICING / WORK HISTORY
TrimIT dynamically creates, stores, & tracks invoices, proposals, contact information & inventory of all the properties that Great Scott services. In addition to accounting, Quickbooks, a line of business accounting software, is used to manage the customer’s balances. The most difficult task for the person responsible for tree care is maintaining accurate work history records. TrimIT will give you the ability to maintain work history on each individual tree. The work history includes the date work was performed, the type of work and the total cost. The true challenge in tree management is locating trees in an open space environment. Trees in a golf course, park, apartment complex, school ground, etc. are difficult to identify using a standard tabular database program. By applying the mapping component to the database, the functionality increases exponentially.
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TREE INVENTORY
TrimIT is compatible with all known inventory databases and provides accurate field-verified inventory updates for all trees serviced. The tree inventory data shall conform to the existing tree inventory database and include but not be limited to the following data fields: Tree Species, Location, Trunk Size (DBH), Height, Canopy Spread, Recommended Maintenance Cycles, Work History, Condition, Removal Priority, Presence of Utilities, and Maintenance Cost.

GPS MAPPING
Time is the most valuable resource for any professional. TrimIT will optimize the time spent on tree management. Our mapping feature will eliminate the need for site visits. Each tree is assigned a unique serialized identification code which is geo-referenced using latitudinal and longitudinal data which provides a digital mapping network with pinpoint accuracy. We have dynamically incorporated this information onto our interactive area map which can be viewed in a multitude of different ways.

GIS CAPABILITIES
While TrimIT will provide the standard user all the necessary mapping capabilities, some end users might require additional GIS functionality. In this case the customer will be provided with an ESRI shape file which is the industry standard for GIS data.

TRAINING
At your request we are happy to provide your staff with complementary live training studios which can be hosted at our corporate office in Stanton, CA or at an on-site location for your convenience. We can also provide you with our detailed user guide which offers step-by-step instruction on utilizing all the services that our online inventory system has to offer.

CONTACT
For more information regarding TrimIT please contact our IT specialist, Jordan Kim. Jordan can be reached at (714) 826-1750 Ext: 327. 937
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Arvizu, Enrique Jiminez, Luis
Cornish, Garrett Leon, Salvador
Cruz, Jose Lopez, Paulino
Darden, Stephen Meza, Jaime
Escobedo, Jesus Ortiz, Jose
Gonzalez, Ruben Ruelas, Daniel
Griffiths, Scott Santos, Jose
Gutierrez, Raudel Torres, Luis
Gutierrez, Servando Vergara, Pablo
Hinshaw, Kirk

WILDLIFE PROTECTION PLAN
The Federal Migratory Bird Treaty Act (MBTA) makes it unlawful "by any means or manner to pursue, hunt, take, capture (or) kill" any migratory birds except as permitted by regulations issued by the U.S. Fish and Wildlife Service (FWS). The term "take" is defined as "pursue, hunt, shoot, wound, kill, trap, capture or collect" any migratory bird or any part, nest or egg of any bird covered by the conventions, or to attempt those activities. According to the Act, anyone who violates the Act, or its regulations, is guilty of a misdemeanor and subject to fines, jail time or both. Anyone who knowingly takes a migratory bird and intends to sell or barter the bird is guilty of a felony.

NESTING SEASON
The nesting season is generally considered February 1st to August 31st in California, with it’s peak from mid-March and late-June, however this can vary from year to year depending on temperatures, rainfall and prey abundance and, although uncommon, birds have been reported to nest in all months of the year in California.

GENERAL GUIDELINES
Crews will always perform a visual inspection of the entire tree and surrounding area. If an active nest is found within 300 feet (passerines) or 500 feet (birds of prey) of a tree site the foreman will delay tree work until it can be determined that the nest is no longer active. If the nest has been determined to be active the tree will be flagged in our inventory system as such and will be removed from the work order and placed on dedicated tree list to be completed at a later time.

TLC WILDLIFE AWARE CERTIFIED
TLC Wildlife is a field approach to wildlife laws,
ID, & preservation techniques for professionals in
the Green Industry including Arborists, Landscape
Contractors, & Municipality Employees. Great
Scott Tree Service understands the importance of
the wildlife within the urban forest and will always
provide the City of San Clemente with certified
crews having the skills necessary to make safe,
logical, & ethical plans of action involving the
wildlife that reside in the trees they work on every
day. Below is a list of certified employees.
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POLYPHAGOUS SHOT HOLE BORER (PSHB) is a beetle smaller than a sesame seed that burrows into the tree, it inoculates the host plant with the fungus which is carried in the female beetles mouthparts. The beetle and fungus have a symbiotic relationship the fungus attacks the vascular tissue of the tree, blocking the transport of water and nutrients from the roots to the rest of the tree and eventually causing branch died back, or tree death.

CHARACTERISTICS OF THE PSHB:
• The female is larger- .1 inch, has wings and will
fly from tree to tree spreading fungus.
• The male is much smaller .05 inch doesn't fly,
stays in one tree feeding on fungus.
• The beetle larva live in galleries within the tree
and feed on the fungus.
• The impact of this problem is under investigation,
the disease continues to spread.

A HISTORY AT UCI
The University of California, Irvine noticed a problem in 2014 and within a year we had a plan in place to respond. We began by taking inventory of all their trees, Inspected and reported on any infestation then they began treating and removing heavily infested trees. There are over 30,000 trees throughout the UCI campus and 75 species
have been attacked. In partnership with an Environmental Horticulture Advisor, Great Scott Tree Service, Inc.
removed over 300 heavily infested trees and prepared
samples for study. Hundreds of other trees were
identified with various stages of infestation and are being treated and monitored. There are a couple of “short-term” solutions which need to be applied every two years
which include beetle/fungal symbionts (truck spray,
systemic soil injection, funk injection), natural enmities Entomopathogen fungi and Endophytic bacteria/fungi,
and attract and kill traps.

FINDING A NATURAL ENEMY OF THE BEETLE IS A “LONGTERM” SOLUTION. 939
Pg. 27
Section 5. RELATED EXPERIENCE

INTRODUCTION
Over the past 25 years we have placed
focus on the expansion of our municipal
division and are successfully continuing to
do so. The Company currently employs
over 140 qualified professionals including
ISA certified arborists and tree workers.

We are fully bonded and licensed under the
State of California and we are a Registered
Public Works Contractor, registered with
the Department of Industrial Relations
(DIR). The Company’s services include
tree maintenance and management services
including but not limited to complete tree trimming, safety trimming, tree removals, planting, watering, emergency response and GPS Inventory services. The Company’s flagship online inventory program – TrimIT, provides the tree manager with tools to view past work history, track current budget and scheduling plans, and project future maintenance costs. Below is a sample listing of some of our larger contracts we have performed:

MUNICIPALITIES
• City of Aliso Viejo
• City of Anaheim
• City of Carmel Valley
• City of Carson
• City of Chula Vista
• City of Compton
• City of Cypress
• City of Fountain Valley
• City of El Monte
• City of El Segundo
• City of Hawthorne
• City of Irvine
• City of Laguna Niguel
• City of Lake Forest
• City of Long Beach
• City of Newport Beach
• City of Rosemead
• City of San Diego
• City of Santa Ana
• City of Seal Beach
• City of Stanton
• City of Westminster
• City of West Hollywood
• County of Orange
• County of San Diego
• City of San Diego
Metropolitan Water
Division
• Caltrans
• Golden State Water District
• Irvine Ranch Water District
• LA Metropolitan Transport
Authority (MTA)
• OC Water District
• OC Transportation
Authority
• Laguna Heights Recycled
Water Reservoir
• Moulton Niguel Water
District
• Los Angeles Convention
Center

EDUCATION
• Bellflower USD
• CSU Long Beach
• Golden West College
• Long Beach USD
• Mount Saint Mary’s
College
• Paramount USD
• UCI
• USC

COMMERCIAL
• Arden
• BRE Properties
• CBRE
• Irvine Company Retail
• Kaiser Permanente
• Merit PM
• Optimum PM
• PCM

PRIVATE
• Crystal Cathedral
• District at Tustin
• Irvine Spectrum
• Pelican Hill Golf & Resort
• Shady Canyon Golf Course
• Newport Crest HOA
• Santa Lucia HOA
• Ziani HOA
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Section 5. RELATED EXPERIENCE
Pg. 28
CONTRACTS: IN-PROCESS
PROJECT OWNER: City of Aliso Viejo
PROJECT NAME: Tree Maintenance Services
ANNUAL CONTRACT AMOUNT: $42,000
BASE TERM: July 1, 2021 – June 30, 2024
OPTION YEARS: (2) 1-Year Terms
CONTRACT END: June 30, 2026
PROJECT CONTACT: Quang Le
CONTACT TITLE: Associate Engineer
PHONE, FAX, EMAIL: 949.425.2531 / 949.425.3899 / [email protected] SCOPE OF WORK: Tree Maintenance Services for City Trees fifteen feet in height and over.

General 1 year trimming cycle with Palms and Olives trimmed two times per year at City Hall, Parks, Landscaped Medians, and Facilities throughout the City of Aliso Viejo.

PROJECT OWNER: City of Cypress
PROJECT NAME: Citywide Tree Maintenance Services
ANNUAL CONTRACT AMOUNT: $275,000/Year
BASE TERM: July 1, 2023 – June 30, 2026
OPTION YEARS: (3) 1 Year Terms
CONTRACT END: June 30, 2029
PROJECT CONTACT: Jose Guerra, Maintenance Superintendent PHONE, FAX, EMAIL: 714.229.6760 / [email protected] SCOPE OF WORK: Provide annual services for maintenance, trimming, removal, replacement, and GPS inventory updates / management of over 14,000 sites within the City’s Community Forest.

PROJECT OWNER: City of Fountain Valley
PROJECT NAME: Tree Maintenance Services
CONTRACT NUMBER: 21-19
ANNUAL CONTRACT AMOUNT: $335,500
BASE TERM: July 1, 2021 – June 30, 2023
OPTION YEARS: (2) 2-Year Terms
CONTRACT END: June 30, 2027
PROJECT CONTACT: Gilbert Lopez
CONTACT TITLE: Public Services Supervisor
PHONE, FAX, EMAIL: 714.593.4612 / [email protected] SCOPE OF WORK: Provide tree maintenance services for the City in pre-designated areas of the City. Work areas include, but are not limited to, parkways, arterial medians, right-of-ways, parks, civic facilities, sloped areas, and nature trails. Tree maintenance shall consist of, but not be limited to Trimming, Tree and Stump Removal, Tree Planting, GPS Tree Inventory Management and Emergency Tree Services of the ~12,000 trees within the City on a general 3-year cycle. 941
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PROJECT OWNER: City of Irvine
PROJECT NAME: Tree Maintenance in the City of Irvine
CONTRACT NUMBER: IFB 22-3183
ANNUAL CONTRACT AMOUNT: $3,099,650/Year
BASE TERM: September 1, 2022 – August 31, 2026
OPTION YEARS: (4) 1-Year Terms
CONTRACT END: August 31, 2030
PROJECT CONTACT: Aaron Reece
CONTACT TITLE: Landscape Maintenance Supervisor
PHONE, FAX, EMAIL: 949.724.7619 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal and replacement of trees as needed, as well as maintain GPS inventory of the ~57,500 trees within the City’s urban forest.

PROJECT OWNER: City of Long Beach
PROJECT NAME: Tree Trimming Services for Parks, Marina, Beach, and Open Space
CONTRACT NUMBER: PR19-126
ANNUAL CONTRACT AMOUNT: $970,025.00/Year
BASE TERM: April 1, 2020 – March 31, 2022
OPTION YEARS: (3) 1-Year Options
CONTRACT END: March 31, 2025
PROJECT CONTACT: Jeffrey King
CONTACT TITLE: Park Maintenance Supervisor
PHONE, FAX, EMAIL: 562.570.1592 / 562.570.8535 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal, and replacement of trees within Parks (163 Sites), Beach Areas (7 Sites), Marinas (9 Sites), and MTA Right-of-Way (Various Sites). Maintain and update the Cities GPS inventory of ~36,000 trees within the City Parks.

PROJECT OWNER: City of Newport Beach
PROJECT NAME: Tree Maintenance / Service Agreement
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $1,747,556/Year
BASE TERM: November 13, 2013 – June 30, 2024
OPTION YEARS: (3) 2-Year Periods
CONTRACT END: June 30, 2030
PROJECT CONTACT: John Nelson
CONTACT TITLE: City Arborist
PHONE, FAX, EMAIL: 949.644.3197 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal and replacement of trees as needed, as well as maintain GPS inventory of the estimated 35,000 trees within the City’s urban forest.
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Section 5. RELATED EXPERIENCE
Pg. 30
PROJECT OWNER: County of Orange Public Works
PROJECT NAME: Tree Maintenance & Tree Pest Management Services CONTRACT NUMBER: MA-080-18011421
ANNUAL CONTRACT AMOUNT: $1,615,000/year
BASE TERM: June 18, 2018 – June 17, 2021
OPTION YEARS: (3) 1-Year Terms
CONTRACT END: June 17, 2024
PROJECT CONTACT: Kris Green
CONTACT TITLE: Maintenance Inspector
PHONE, FAX, EMAIL: 714-955-0346, [email protected] SCOPE OF WORK: Annual Tree Maintenance & Tree Pest Management Services for the County of Orange maintained roads, flood control facilities, and within contract cities allowing OC Public Works to support public safety needs and requests for service.

PROJECT OWNER: The Irvine Company : Retail
PROJECT NAME: Tree Pruning Services
CONTRACT NUMBER: MSA-0001002023
ANNUAL CONTRACT AMOUNT: $375,000.00
BASE TERM: January 1, 2023 – December 31, 2026
OPTION YEARS: NA
CONTRACT END: December 31, 2026
PROJECT CONTACT: Anthony Terusa
CONTACT TITLE: Landscape Director
PHONE, FAX, EMAIL: 949-720-2713 / [email protected] SCOPE OF WORK: Consists of the Aesthetic Pruning, raising, removing, planting, skinning / pineapple, sounding, and treatment of the ~11,750 trees maintained within Retail Property Portfolio
PROJECT OWNER: City of Westminster
PROJECT NAME: Tree Maintenance/Service Agreement FY 16/17 CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $189,968
BASE TERM: July 1, 2023 – June 30, 2024
OPTION YEARS: (4) 1-Year Options
CONTRACT END: June 30, 2028
PROJECT CONTACT: Brad Wade
CONTACT TITLE: Public Works Supervisor
PHONE, FAX, EMAIL: (714) 714-0052 / [email protected] SCOPE OF WORK: Provide services for the annual maintenance and GPS inventory of 6,200 Trees & Palms. Remove annually 85 Trees & Palms, and Plant 55 Trees & Palms at various locations throughout the city.
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CONTRACTS: COMPLETED PAST 5 YEARS
PROJECT OWNER: City of Anaheim
PROJECT NAME: Tree Maintenance Services for ARMD West & ACC CONTRACT NUMBER: MA #106-492108
ANNUAL CONTRACT AMOUNT: $485,885.07/Year
BASE TERM: September 1, 2018 – August 31, 2019
OPTION YEARS: (4) 1-Year Terms
CONTRACT END: August 31, 2023
PROJECT CONTACT: Dianne Rasmussen, Operations Supervisor PHONE, FAX, EMAIL: 714.936-4971 / [email protected] SCOPE OF WORK: Tree Maintenance, care, and inventory services for the 3,510 trees at the Anaheim Resort and the Anaheim Convention Center. Prune all trees once a year. Pines and Eucalyptus in the winter (November-February). Palms and other canopy trees in the fall (August to October). Remove broken or diseased branches and dead palm fronds while promoting proper tree scaffolding, strength, and appearance consistent with the tree’s intended use.

PROJECT OWNER: City of Cypress
PROJECT NAME: Citywide Tree Maintenance Services
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $243,500/Year
BASE TERM: July 1, 2017 – June 30, 2020
OPTION YEARS: (3) 1 Year Terms
CONTRACT END: June 30, 2023
PROJECT CONTACT: Jose Guerra, Maintenance Superintendent PHONE, FAX, EMAIL: 714.229.6760 / [email protected] SCOPE OF WORK: Provide annual services for maintenance, trimming, removal, replacement, and GPS inventory updates / management of over 14,000 sites within the City’s Community Forest.

PROJECT OWNER: City of Cerritos
PROJECT NAME: Cerritos Parkway Tree Maintenance
CONTRACT NUMBER: 1310-17
ANNUAL CONTRACT AMOUNT: $554,795.00
BASE TERM: October 9, 2017 – June 30, 2018
OPTION YEARS: 1-Year Term
CONTRACT END: June 30, 2019
PROJECT CONTACT: Todd Kuh
CONTACT TITLE: Parks Superintendent
PHONE, FAX, EMAIL: 562.916.1224 / [email protected]
SCOPE OF WORK: Provide grid trimming of 2,590 trees for Districts 14, 19, & 20 and remove 398 arterial and residential trees throughout the city. Provide as needed annual services for maintenance, trimming, removal, replacement, and GPS inventory updates. 944
Section 5. RELATED EXPERIENCE
Pg. 32
PROJECT OWNER: City of Hawthorne
PROJECT NAME: Street Tree Trimming - 3 Year Contract
CONTRACT NUMBER: 16-04
ANNUAL CONTRACT AMOUNT: $172,000
BASE TERM: April 3, 2017 - April 2, 2020
OPTION YEARS: NA
CONTRACT END: April 2, 2020
PROJECT CONTACT: Bill Gerten
CONTACT TITLE: Parks Supervisor
PHONE, FAX, EMAIL: (310) 349-2980 / [email protected] SCOPE OF WORK: Provide annual services for excavation and removal of existing trees, Planting, Trimming and Pruning throughout various locations within the city.

PROJECT OWNER: City of Irvine
PROJECT NAME: Windrow Tree Removals
CONTRACT NUMBER: Bid No. 21-2898
ANNUAL CONTRACT AMOUNT: $791,200.00
BASE TERM: March 15,2021 – March 31, 2022
OPTION YEARS: No
CONTRACT END: March 31, 2022
PROJECT CONTACT: Aaron Reece
CONTACT TITLE: Landscape Maintenance Supervisor
PHONE, FAX, EMAIL: [email protected]
SCOPE OF WORK: The work to be performed shall include, but not be limited to: Tree maintenance in the City of Irvine, providing all labor, supervision, equipment, materials and supplies needed for Windrow tree removals in the City of Irvine. The Work shall be performed in accordance with the Standard Specifications for Public Works Construction, City of Irvine Standards and Design Manual.

PROJECT OWNER: City of Irvine
PROJECT NAME: Tree Maintenance in the City of Irvine
CONTRACT NUMBER: IFB 15-1146
ANNUAL CONTRACT AMOUNT: $1,835,000
BASE TERM: July 1, 2016 - June 30, 2020
OPTION YEARS: (1) 2-Year Option
CONTRACT END: September 30, 2020
PROJECT CONTACT: Casey Gnadt
CONTACT TITLE: Landscape Maintenance Supervisor
PHONE, FAX, EMAIL: 949.724.7621 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal and replacement of trees as needed, as well as maintain GPS inventory of the ~57,500 trees within the City’s urban forest. 945
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Pg. 33
PROJECT OWNER: City of Laguna Niguel
PROJECT NAME: On-Call Citywide Tree Maintenance
CONTRACT NUMBER: RFP 2021-010
ANNUAL CONTRACT AMOUNT: $222,000.00/Year
BASE TERM: January 1, 2021 – June 30, 2023
OPTION YEARS: (2) 1-Year Terms
CONTRACT END: June 30, 2025
PROJECT CONTACT: Scott Frame
CONTACT TITLE: Parks and Landscape Maintenance Sup.

PHONE, FAX, EMAIL: 949-362-4344 / 949-795-1537 / [email protected] SCOPE OF WORK: Provide services for Tree Trimming of ~725 trees within Right-of-Way, Parks and City Hall areas in various locations throughout the city. Provide as-needed Tree Removal and Inspection services for a period of one year.

PROJECT OWNER: City of Laguna Woods
PROJECT NAME: City of Laguna Woods
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $56,000
BASE TERM: April 1, 2023 – March 31, 2024
OPTION YEARS: NA
CONTRACT END: March 31, 2024
PROJECT CONTACT: April Baumgarten
CONTACT TITLE: Maintenance Programs Analyst
PHONE, FAX, EMAIL: 949.639.0515 / 949.639.0591 / [email protected] SCOPE OF WORK: Provide annual services for Tree Trimming of ~725 trees within Right-ofWay, Parks and City Hall areas in various locations throughout the city. Provide as-needed Tree Removal, Inspection & GPS services.

PROJECT OWNER: City of Lake Forest
PROJECT NAME: Agreement for Tree Maintenance Services
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $419,799.00
BASE TERM: July 1, 2017 – June 30,2020
OPTION YEARS: (2) 1-Year Options
CONTRACT END: June 30, 2022
PROJECT CONTACT: K Yoshino
CONTACT TITLE: Facilities Supervisor
PHONE, FAX, EMAIL: 949.461.3427 / [email protected] SCOPE OF WORK: Annual services for maintenance of trees within facilities, medians, roadsides, parks, parkways, and trail areas in various locations throughout the city. Maintain and update the Cities GPS inventory of ~13,525 trees within the city. 946
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PROJECT OWNER: City of Long Beach
PROJECT NAME: Tree Trimming Services for Parks, Recreation & Marine CONTRACT NUMBER: ITB PR15-095
ANNUAL CONTRACT AMOUNT: $885,500.00
BASE TERM: September 10, 2015 – September 22, 2017
OPTION YEARS: (2) 1-Year Options (Extension: Amendment No. 6) CONTRACT END: March 31, 2020
PROJECT CONTACT: Jeffrey King
CONTACT TITLE: Contract Monitor
PHONE, FAX, EMAIL: 562.570.1592 / 562.570.8535 / [email protected] SCOPE OF WORK: Annual services for maintenance, removal, and replacement of trees within Parks (163 Sites), Beach Areas (7 Sites), Marinas (9 Sites), and MTA Right-of-Way (Various Sites). Maintain and update the Cities GPS inventory of ~36,000 trees within the City Parks.

PROJECT OWNER: City of Seal Beach
PROJECT NAME: Maintenance Services Agreement
CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $132,680.00
BASE TERM: July 1, 2013 – June 30, 2016
OPTION YEARS: (2) 1 Year Terms
CONTRACT END: June 30, 2018
PROJECT CONTACT: Joseph Talarico
CONTACT TITLE: City Arborist
PHONE, FAX, EMAIL: 562.431.2527 / [email protected] SCOPE OF WORK: Provide services for the annual maintenance of 6,500 Trees, Palms, and anticipated removal within the City’s Urban Forest
PROJECT OWNER: City of Westminster
PROJECT NAME: Tree Maintenance/Service Agreement FY 16/17 CONTRACT NUMBER: NA
ANNUAL CONTRACT AMOUNT: $156,000
BASE TERM: July 1, 2018 – June 30, 2019
OPTION YEARS: (4) 1-Year Options
CONTRACT END: June 30, 2023
PROJECT CONTACT: Brad Wade
CONTACT TITLE: Public Works Supervisor
PHONE, FAX, EMAIL: (714) 714-0052 / [email protected] SCOPE OF WORK: Provide services for the annual maintenance and GPS inventory of 6,200 Trees & Palms. Remove annually 85 Trees & Palms, and Plant 55 Trees & Palms at various locations throughout the city.
947
Section 5. RELATED EXPERIENCE
Pg. 35
LETTER OF RECOMMENDATION: CITY OF IRVINE
948
Section 5. RELATED EXPERIENCE
Pg. 36
LETTER OF RECOMMENDATION: CITY OF LONG BEACH
949
Section 5. RELATED EXPERIENCE
Pg. 37
LETTER OF RECOMMENDATION: CITY OF NEWPORT BEACH
950
Section 5. RELATED EXPERIENCE
Pg. 38
LETTER OF RECOMMENDATION: CITY OF WESTMINSTER
951
Cost Proposal Form Page 1 of 4

COST PROPOSAL FORM

ANNUAL TREE MAINTENANCE SERVICES

PRICE SCHEDULE FOR ANNUAL TREE TRIMMING
Year 1 (First Year of Contract) July 1, 2024 through June 30, 2025 BID

ITEM DESCRIPTION QUANTITY UNIT COST

1. Annual Tree Trimming -
Same Trees Trimmed Every Year
2521 Trees $

2. Annual Tree Trimming -
Other City Trees (trimmed in addition,
on multi-year rotating cycle)
1250 Trees $
Year 1 Total Cost $
TOTAL BASE PROPOSAL PRICE (Year 1 Total Cost above):
$ ___________________________ _
Total Base Proposal Price in Numerical Form
______________________________________________________________________ Total Base Proposal Price in Written Form
In case of discrepancy between the above, the Written price shall prevail.

IMPORTANT NOTES:

1. The Total Base Proposal Price is the price for the First Year of the contract from July 1, 2024 through June 30, 2025 based on the quantities above.

2. Starting with the Second Year of the contract, Contractor may request a cost increase per Exhibit E of the Standard Contract (provided in Attachment A).

Year 2 (Second Year of Contract) July 1, 2025 through June 30, 2026 BID

ITEM DESCRIPTION QUANTITY UNIT COST

1. Annual Tree Trimming -
Same Trees Trimmed Every Year
2521 Trees $

2. Annual Tree Trimming -
Other City Trees (trimmed in addition,
on multi-year rotating cycle)
1250 Trees $
Year 2 Total Cost $

Page 39 ends

952
Cost Proposal Form Page 2 of 4
Year 3 (Third Year of Contract) July 1, 2026 through June 30, 2027 BID

ITEM DESCRIPTION QUANTITY UNIT COST

1. Annual Tree Trimming -
Same Trees Trimmed Every Year
2521 Trees $

2. Annual Tree Trimming -
Other City Trees (trimmed in addition,
on multi-year rotating cycle)
1250 Trees $
Year 3 Total Cost $
Year 4 (Fourth Year of Contract) July 1, 2027 through June 30, 2028 BID

ITEM DESCRIPTION QUANTITY UNIT COST

1. Annual Tree Trimming -
Same Trees Trimmed Every Year
2521 Trees $

2. Annual Tree Trimming -
Other City Trees (trimmed in addition,
on multi-year rotating cycle)
1250 Trees $
Year 4 Total Cost $
Year 5 (Fifth Year of Contract) July 1, 2028 through June 30, 2029 BID

ITEM DESCRIPTION QUANTITY UNIT COST

1. Annual Tree Trimming -
Same Trees Trimmed Every Year
2521 Trees $

2. Annual Tree Trimming -
Other City Trees (trimmed in addition,
on multi-year rotating cycle)
1250 Trees $
Year 5 Total Cost $
GRAND TOTAL PROPOSAL PRICE (Sum of Total Cost for all 5 Years):
$ _____________________________
Grand Total Proposal Price in Numerical Form
_________________________________________________________________ Grand Total Proposal Price in Written Form

Page 40 ends

953
Cost Proposal Form Page 3 of 4

RATES AND FEES FOR ADDITIONAL WORK

DESCRIPTION UNIT UNIT
COST
Service Request Trimming, Palm Tree Per Tree
Service Request Trimming, Other Tree less than 6” DCH Per Tree Service Request Trimming, Other Tree 6” to less than 12” DCH Per Tree Service Request Trimming, Other Tree 12” to less than 24” DCH Per Tree Service Request Trimming, Other Tree 24” and greater DCH Per Tree Tree and Stump Removal Per DCH Inch
Stump Only Removal Per Diam. Inch
Root Pruning Per LF
Root Barrier Install Per LF
Tree Planting, Palm tree Per Foot BTH
Tree Planting, 24” box Per Tree
Tree Planting, 36” box Per Tree
Tree Watering Per Hour
Crew Rental, per Specifications Section 38 Per Hour
Certified Arborist Consulting Per Hour
Pest Control Application Per Tree
Regular Hours Emergency Response, per Specifications Sect. 38 Per Hour After Hours Emergency Response, per Specifications Section 38 Per Hour Certified Arborist Tree Inspection and Report Per Tree
In case of discrepancy between the unit price and the item cost set forth for a unit basis item, the unit price shall prevail. The quantities shown for the unit price items are approximate only and subject to increase or decrease, being stated only for the purpose of comparing proposals and fixing the amount of surety bonds, and that should the quantity of work on the unit price basis be increased, the undersigned Proposer will perform the additional work at the unit price set out herein, and that should the quantity be decreased, payment is to be made on the actual quantity installed at such unit price, and the undersigned Proposer will make no claims for anticipated profits or additional compensation for any increase or decrease in the quantity. The actual quantities on the

Page 41 ends

954
May 14, 2024
May 16, 2024
Addendum No. 4 dated: May 20,2024
955
Section 7. STATEMENT OF COMPLIANCE
Pg.43
STATEMENT OF COMPLIANCE - This proposal is in compliance with the Request for Proposal and the City’s Standard Maintenance Services Agreement and no exceptions to either are proposed.
956
Section 8. OTHER INFORMATION
Pg.44
GREEN WASTE RECYCLING - Great Scott Tree Service Inc.’s dedication to being a responsible corporate citizen is demonstrated in its Green Waste Recycling Program. We realize the importance of investing in our future and protecting our resources. Unless specified otherwise, we divert all our green waste to recycling centers, instead of the traditional landfills.

We have partnered with California’s top-rated bio-fuel power plant; Colmac Energy Inc. located in Mecca, California.

In accordance with AB 939 of the California Integrated Waste Management Act GSTS has established a waste management hierarchy to guide implementation, in order of priority: (1) source reduction, (2) recycling and composting, and (3) environmentally safe transformation and land disposal.

Green Waste Bio-Fuels – is investing in the future and protecting our resources by producing reliable green energy.

Colmac Energy has demonstrated that biomass plants
using urban wood wastes as fuel (such as those that result from, right-of-way tree trimmings, and other chipped
wood wastes) can generate significant environmental
benefits, including reduced air pollutants from open-air burning and lowered demand for landfill space. "Time has proven that the low emissions of the plant, and the
collection of citrus and vineyard pruning's and removals that would otherwise be open-burned, has essentially eliminated open-burning and the associated air pollution.”
Mulch – is a layer of material applied
to the surface of an area of soil. Its
purpose is to conserve moisture,
improve the fertility and health of the
soil, reduce weed growth, and to
enhance the visual appeal of the area.

GSTS processes a large amount of its
tree debris as mulch for use in
mulching projects and we offer to
provide your organization with mulch, at no cost for the duration of the tree maintenance agreement.

SAMPLE RECEIPT
Year Date Description Tonnage
22/23 7/31/2023 MA #106-492108 - July 2022 69.63
22/23 8/31/2023 MA #106-492108 - August 2022 70.56
22/23 9/30/2023 MA #106-492108 - September 2022 29.38
22/23 10/31/2023 MA #106-492108 - October 2022 44.16
22/23 11/30/2023 MA #106-492108 - November 2022 14.81
22/23 12/31/2022 MA #106-492108 - December 2022 28.84
22/23 1/31/2023 MA #106-492108 - January 2023 23.34
TOTAL: 140.53
957
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: November 19, 2024 Agenda Item: 10E.

Submitted By: Finance and Administrative Services
Prepared By: Brian Brower, Administrative Services Director Subject:
..titl e
CONSIDERATION OF REVISING POLICY AND PROCEDURE 1201-8 RELATING TO LEGISLATIVE ..body BODY REIMBURSEMENT
Fiscal Impact:

The total estimated annual cost of $39,600 is included in the FY 2024-25 and 2025- 26 Adopted Budget.

Summary:

The proposed revisions to Policy 1201-8 would establish a monthly expense allowance and remove administrative expenses associated with the requirement for Councilmember travel expenditures in excess of $250 to be placed on the agenda of a City Council meeting prior to travel.

Currently, City Councilmembers are reimbursed for individual expenses related to their duties, such as automobile mileage, parking fees, office supplies, meals, insurance, fuel, and related costs. To provide sufficient reimbursement and improve administrative efficiency, the proposed policy provides a fixed monthly expense allowance to cover the aforementioned costs, eliminating the process associated with individual reimbursement requests for routine expenses.

Background:

Policy and Procedure 1201-8 provides guidelines for Councilmembers to be reimbursed for expenses incurred while performing official duties.

Discussion:

The proposed revisions to Policy 1201-8 provide updated budgetary, authorization, and reimbursement guidelines for travel related to the conduct of City business for City Councilmembers.

The proposed updated policy identifies the types of travel expenses that will be reimbursed, including transportation, lodging, per diem (meals and related expenses), and information about submitting a travel expense report. The update also establishes a monthly expense allowance to provide a more predictable and simplified way to address routine costs, and reduces paperwork and administrative overhead.

The proposed modifications include the following:
958
Meeting Date: November 19, 2024 Agenda Item: 10E.

CITY OF SAN CLEMENTE 2
 Travel expenses are budgeted equally for each Councilmember within the Travel and Training line item within the Adopted Budget.
 Travel expenses related to City business are not required to be placed on the agenda of a City Council meeting.
 Travel that involves attendance outside of California should be approved by the City Council.
 In the event that a Councilmember is unable to travel, they are responsible for cancelation of the trip. In the event that a Councilmember does not cancel their reservations and the City is charged a fee or unable to receive a credit or refund, the Councilmember shall reimburse the City the full cost of the fee or non-cancelled charges within thirty (30) days of the cancelled or missed travel.
 Clarification of per-diem and meal reimbursement guidelines.  Establishment of expense allowance for routine/local travel, meetings and office supplies.

The proposed expense allowance for Councilmembers is $400.00 per month. The proposed allowance for the Mayor is $450.00 per month to address a higher level of public engagement, representation, and administrative duties associated with the office. The expense allowance is intended to cover routine business expenses for official City Council duties including the following:
 Automobile expenses (fuel, insurance, depreciation, wear and tear, repairs, maintenance, and rental).
 Parking fees.
 Office supplies.
 Meals and incidental expenses .
 Travel expenses within a 50-mile radius of the City.

If adopted, Councilmembers receiving the monthly allowance will no longer be eligible for individual reimbursements for the expenses listed above, as these will be considered covered by the allowance.

Council Options:
 Adopt the revised Policy 1201-8 per staff recommendation.  Amend and adopt a revised Policy 1201-8.
 Continue the Item and direct staff to provide additional information or make specific changes to the Policy.
 Do not revise Policy 1201-8.

Environmental Review/Analysis:

This is not a “project” under the California Environmental Quality Act. 959
Meeting Date: November 19, 2024 Agenda Item: 10E.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff recommends repealing and replacing in full City Council Policy and Procedure 1201-8 with the revisions reflected in Attachment 1.
..recommendation
..end
Attachment:

1. Proposed revised Policy and Procedure 1201-8

2. Policy and Procedure 1201-8 dated 4/18/23
Notification:

None.
960
Attachment 1

POLICY AND PROCEDURE
Subject: Legislative Body
Reimbursement
Index: Finance
Number: 1201-8
Effective Date: November 19, 2024 Prepared By: Finance and Administrative Services
Supersedes: Same Policy: April 18,
2023
Approved By: City Council

1.0 PURPOSE and PROCESS:

The City of San Clemente travel and expense policy is intended to be consistent with all provisions of California State law, specifically California Government Code Section 53232. Where and if discrepancies between California State law and these policies exist, the provisions of California State law will prevail. Travel is subject to the dollar limitations set forth in the Annual Budget adopted by Council. Budgeted amounts in the Travel and Training line item will be divided equally among Councilmembers.

2.0 AUTHORIZED FUNCTIONS:

Expenses incurred in connection with the performance of official duties at functions described below are eligible:

1. Official meetings with representatives of regional, state and national government on City adopted policy positions.

2. Official meetings, conferences, events for organizations to which the City Council has appointed the Councilmember as a representative, member or liaison.

3. Advocacy for City of San Clemente issues, when directed or otherwise approved by the City Council.

4. Educational seminars designed to improve skills and knowledge related to City Council duties or activities.

5. Participation in regional and state organizations whose activities affect the City’s interests, including but not limited to Orange County Division of the League of California Cities (LOCC) and Association of California Cities – Orange County (ACCOC).

6. Participation in national organizations whose activities affect the City’s interests, when approved by the City Council.

7. Implementation of an adopted strategy for economic development, attracting or retaining businesses which will typically involve at least one City staff member. 961

Page 2 ends

8. Travel that involves attendance outside of California should be approved by the City Council.

3.0 UNAUTHORIZED EXPENSES:

City of San Clemente will not reimburse Councilmembers for personal travel (or the personal portion of any trip); political or charitable contributions or events; campaign activities, events or costs; family expenses including partner, children or pet expenses when accompanying a member on City business; entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including tickets, gym, massage and/or golf related expenses) or other cultural events; personal automobile expenses including repairs, traffic citations, insurance or personal losses incurred while on City business; “pre-boarding”, “upgrade” or “change” fees charged for the convenience of the traveling official.

3.0 TRANSPORTATION DURING AUTHORIZED TRAVEL:

When traveling, Councilmembers will use the most economical mode and class of transportation reasonably consistent with scheduling needs and space requirements. This includes the use of the most direct and time efficient route. In the event a more expensive transportation form or route is used, the cost borne by City will be limited to the cost of the most economical, direct, efficient, and reasonable transportation form. Government and group rates must be used when available.

When reimbursement for airport parking is requested, any airport parking more than 24 hours must be in long term parking or private economy lots. Reasonable and standard baggage handling fees will be reimbursed.

Reasonable and necessary charges for public transportation, taxi, or shuttle service are reimbursable at actual cost with receipts. Car rental is allowed when it is determined it is the most economical and reasonable mode of transportation during travel. Itemized original receipts must be submitted with vehicle rental reimbursement claims. If a personal car is used the Councilmember can seek reimbursement for mileage at the Internal Revenue Service (IRS) rates presently in effect.

4.0 LODGING:

Lodging expenses will be reimbursed or paid for when travel on official City business reasonably requires an overnight stay. Extended stays and extra nights, often for personal travel, are the responsibility of the Councilmember. If possible, lodging in connection with a conference or organized educational activity should be secured using the group rate provided by the conference or activity sponsor. In situations where conference group rates are not available, the IRS per diem rates for lodging can be used as a guide.

Non-reimbursable lodging expenses include, but are not limited to, costs for an extra person staying in the room, costs related to late check out or uncancelled reservations, and in-room pay-per-view movie rentals. Original itemized receipts must accompany claims for lodging reimbursements.
962

Page 3 ends

5.0 CANCELLATIONS
In the event a Councilmember is unable to travel according to pre-arranged and/or prepaid itineraries, the Councilmember shall cancel his or her reservations prior to the cancellation deadline established by the vendor (i.e. hotel, airline, etc.) so as not to incur charges or in order to receive a refund or credit. In the event a Councilmember does not cancel his or her reservations and the City is charged a fee or unable to receive a credit or refund, the Councilmember shall reimburse the City the full cost of the fee or noncancelled charges within thirty (30) days of the cancelled or missed travel.

5.0 PER DIEM, MEALS AND TRAVEL RELATED EXPENSES:

5.1 Per Diem
Councilmembers are encouraged to request a per diem based upon the IRS per diem rates for meals and incidental expenses in the area the Councilmember is traveling. Per diem rates may be deducted for applicable meals included in conference or seminar registration and program fees. The City maximum full day meal and incidental expenses rate shall be not greater than the maximum federal per diem meal and incidental expenses (M&IE) rate established by the General Services Administration (www.gsa.gov) based on the limit for the city or county to which the official is traveling. Extended stays for personal travel will not be eligible for per diem. Receipts are not required to claim the meal and incidental expenses per diem.

5.2 Meals
Meal expenses and associated gratuities should be moderate, considering community standards and the prevailing restaurant costs of the area. The City will not pay for or reimburse alcohol/personal bar expenses, or meals for guests or spouses. The IRS per diem rates can be used as a guide for reimbursement. A Councilmember may not request reimbursement for any meal which is provided or otherwise available to the Official at a function, whether or not there is an actual charge for the meal. For example, if lunch is provided at a function, the traveler may not request reimbursement for eating elsewhere.

5.3 Incidental Expenses
Incidental expenses must be related to the purpose of the approved travel and not for personal reasons. For instance, when approved travel lasts for more than one week, laundry/dry cleaning expenses may be reimbursed. An attempt to list all potential incidental expenses is challenging, but Councilmembers are aware that all expenses will be identified on a travel expense report.

Incidental expenses should be pre-authorized whenever possible as details of the travel are assembled.

6.0 Travel Expense Report:

Officials shall submit a travel expense report, as provided by the City, to the City Manager or the Manager’s designee within sixty (60) days of incurring the expense. Documentation of all receipts detailing the amount paid, the items/services received and the date must be 963

Page 4 ends

submitted with the Travel Expense Report. Requests for reimbursement will be processed within the normal Accounts Payable schedule.

7.0 Expense Allowance:

Every member of the City Council shall have an expense allowance. The Mayor’s expense allowance will be at the rate of $450.00 per month due to increase responsibilities and all other councilmembers will receive $400.00 per month. The allowance shall be in lieu of any other automobile or mileage allowance, parking fees, office supplies, meal expenses, insurance, motor fuels and lubricants, depreciation, wear and tear, repairs or maintenance, automobile rental and other similar expense for routine City Council business and travel within 50 miles of the City. For trips greater than 100 miles round-trip, Councilmembers may submit a travel expense report for reimbursement for mileage in excess of the first 100 miles.
964
Attachment 2
965
966
967
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: November 19, 2024 Agenda Item: 10F.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
ESTABLISHMENT OF CITY COUNCIL MEETING SCHEDULE FOR 2025 AND EARLY 2026

AND CONSIDERATION OF ADOPTING A RESOLUTION MODIFYING THE START TIME OF CITY ..body COUNCIL MEETINGS
Fiscal Impact:

None.

Summary:

The City Council has historically cancelled two summer meetings as a regular legislative break that also aligns with the traditional summer vacation of the local school district. It is recommended that the City Council determine at this meeting to cancel the July 1, 2025 and July 15, 2025 City Council meetings. Alternatively, the City Council could determine to cancel its meetings of July 1, 2025 and August 5, 2025, or to not cancel them.

Staff also recommends consolidating the City Council meetings of December 2, 2025 and December 16, 2025 and holding one meeting on December 9, 2025. This would allow for the Mayor to serve a full year and participate in the City tree lighting ceremony in December 2025.

Previously, the City Council cancelled its first meeting in January 2025 (January 7, 2025) and determined to hold one meeting on January 21, 2025. Staff is recommending that the January meeting be held on Tuesday, January 14, 2025. This would shorten the gap between City Council meetings in December and January, and allow the new City Council to meet sooner in the new year. In a related action, Staff recommends that the City Council cancel its first meeting in January 2026 (i.e., January 6, 2026) because City Hall will be closed the week prior when agendas and associated staff reports would normally be prepared.

In addition to setting the City Council schedule for the 2025/early 2026 calendar year, Staff is suggesting that the City Council consider adopting a Resolution to modify the start time of City Council meetings to have Closed Session begin at 4:00 p.m. and the Regular City Council meeting begin at 5:00 p.m., but with no public hearings beginning prior to 6:00 p.m. Additionally, the City Council could formalize by Resolution the Legislative Break in July of each year, and consolidate the December meetings into one meeting mid-Month in order to allow for election results to be certified while still allowing time for the holidays and formally cancelling the first meeting in January, which historically is cancelled each year. When City business necessitates, meetings can be added back to the schedule based on City Councilmember availability. 968
Meeting Date: November 19, 2024 Agenda Item: 10F.

CITY OF SAN CLEMENTE 2
Council Options:
 Take no action.
 Request Staff to return with additional information.
 Cancel the meetings as described in the Administrative Report dated November 19, 2024.  Adopt the Resolution modifying the start time of City Council meetings and formalizing the Legislative Breaks.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation

1. Cancel the City Council meetings of July 1, 2025 and July 15, 2025 as a regular legislative break.

2. Reschedule the January 21, 2025 City Council meeting to January 14, 2025.

3. Cancel the December 2, 2025 and December 16, 2025 City Council meetings and hold one meeting on December 9, 2025 to allow for the Mayor to serve a full year and participate in the City tree lighting ceremony in 2025.

4. Cancel the City Council meeting of January 6, 2026.

5. Adopt Resolution No. 24-175 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE CALIFORNIA, ESTABLISHING THE DATE, TIME AND LOCATION OF CITY COUNCIL MEETINGS AND RESCINDING RESOLUTION NO. 22-48. ..end
Attachment:

1. Resolution 24-175

2. 2025 Draft City Council meeting calendar.

Notification:

None.
969
Attachment 1
RESOLUTION NO. 24-175

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ESTABLISHING THE DATE,

TIME AND LOCATION OF CITY COUNCIL MEETINGS AND
RESCINDING RESOLUTION NO. 22-48
WHEREAS, Section 54954 of the Government Code provides that the Regular Meetings of a City Council are to be established by either resolution or ordinance; and WHEREAS, San Clemente Municipal Code Section 2.04.010 provides that the schedule for San Clemente’s City Council meetings is to be established by Resolution; and WHEREAS, the San Clemente City Council desires to amend its regular meeting schedule (that was formerly established by Resolution No. 22-48) to provide that City Council will meet in Closed Session at 4:00 p.m. and begin its Business Meeting at 5:00 p.m.; and
WHEREAS, the City Council of the City of San Clemente desires to hold a Legislative Break during the month of July of each calendar year; and WHEREAS, the City Council desires to hold one regular meeting in December; and WHEREAS, the City Council of the City of San Clemente desires to hold one regular meeting in January; and
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:

Section 1. Effective November 19, 2024, the Regular Meetings of the City Council shall be held on the first and third Tuesday of each month with Closed Session beginning at 4:00 p.m. and the Regular Business meeting beginning at 5:00 p.m., in the City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

Section 2. The City Council of the City of San Clemente shall hold a Legislative Break during the month of July of each calendar year, and all regular meetings in the month of July shall be cancelled.

Section 3. The City Council shall hold one Regular meeting in the month of December, which will take place on the second Tuesday of the month.

Section 4. The City Council shall hold one Regular meeting in the month of January, which will take place on the third Tuesday of the month.

Section 5. Effective November 19, 2024, Resolution No. 22-48 shall be rescinded in its entirety.

Section 6. The City Clerk shall certify to the passage and adoption of this resolution 970
Resolution No. 24-175 Page 2
and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City Mayor of the City of San
of San Clemente, California Clemente, California
971
Resolution No. 24-175 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. 24-175 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
972
January February March April

S MT WT F S S MT WT F S S MT WT F S S MT WT F S
1234 1 1 12345
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 6 7 8 9 10 11 12 12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 13 14 15 16 17 18 1919 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 20 21 22 23 24 25 2626 27 28 29 30 31 23 24 25 26 27 28 23 24 25 26 27 28 29 27 28 29 30 30 31
May June July AugustS MT WT F S S MT WT F S S MT WT F S S MT WT F S 123 1234567 12345 12
4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9 11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 1618 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 2325 26 27 28 29 30 31 29 30 27 28 29 30 31 24 25 26 27 28 29 30 31 September October November DecemberS MT WT F S S MT WT F S S MT WT F S S MT WT F S 123456 1234 1 123456
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 2021 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 2728 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 28 29 30 31 30 Dark Fridays Holidays Furlough Staff Reports Due Council Meeting Cancelled City Council Meeting 2025 Council Meeting Agenda Calendar
Attachment 2
973
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: November 19, 2024 Agenda Item: (1)
974
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, October 15, 2024
City Council
Special and Regular Meeting Minutes
5:30 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 Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Cabral on October 15, 2024 at 5:30 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

PRESENT: Duncan, Enmeier, *Knoblock, Loeffler and Mayor Cabral * Councilmember Knoblock arrived at 5:39 p.m.

STAFF PRESENT: Andy Hall, City Manager; Elizabeth Mitchell, City Attorney; Laura Campagnolo, City Clerk; Megan Jimenez, Deputy City Clerk

CLOSED SESSION
Motion by Councilmember Loeffler, second by Mayor Pro Tem Enmeier, CARRIED 4-0 (Councilmember Knoblock Absent) to recess to Closed Session at 5:32 p.m. to discuss the following:

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS

1. Real Property Negotiations: 690-552-06 Property: A 0.8-acre area of the Richard T. Steed Memorial Park property at the intersection of Avenida La Pata and Calle Extremo, currently established as the Baron Von Willard Dog Park
City Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of Beaches, Parks and Recreation
Negotiating Parties: David Browning, Orange County Mountain Bike Association Under Negotiation: Price and terms
AYE: Duncan, Enmeier, Loeffler and Mayor Cabral
NOE: None
ABSENT: Knoblock

Page 1 of 19 ends

975
City Council Special and Regular Meeting Minutes October 15, 2024 Closed Session concluded at 5:58 p.m.

BUSINESS MEETING
The business meeting reconvened at 6:00 p.m. with all Counilmembers present.

INVOCATION
Pastor Jim Wilke, Calvary South OC, gave the invocation.

PLEDGE OF ALLEGIANCE
Mayor Cabral led the Pledge of Allegiance

1. Special Presentations
A. Breast Cancer Awareness Month
City Clerk Campagnolo acknowledged Breast Cancer Awareness Month and urged residents to prioritize their health by scheduling an appointment for early detection.

2. Council Member Reports
Councilmember Loeffler:
· Spoke on the success of the Friends of San Clemente Beaches Parks and Recreation Carnival Colossal.

Mayor Pro Tem Enmeier:
· Attended Bring Back our Beaches San Clemente Community Event on October 5, 2024 at Stance World Headquarters concerning Measure BB. · Attended the Marine Corps Evening Colors Ceremony on October 9, 2024 in celebration of the 82nd Anniversary of Camp Pendleton.
· Attended the Carnival Colossal, commented on the success of the event. · Attended the Family Assistance Ministries Hunger Walk on October 13, 2024.

Councilmember Duncan:
· Participated in “Principal for a Day” at Marblehead Elementary School on October 3, 2024.

Mayor Cabral:
· Reported that he spoke with San Clemente Homeowners Associations concerning Measure BB.
· Participated in “Principal for a Day” at San Clemente High School on October 3, 2024.
· Attended the Ribbon Cutting at Casa Romantica on October 4, 2024. · Met with an international group of mayors.
· Acknowledged the success of Carnival Colossal.
· Acknowledged an event held by the Exchange Club.

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City Council Special and Regular Meeting Minutes October 15, 2024 · Acknowledged the City Employee Golf Tournament.
· Participated in television interviews concerning sand placement on San Clemente beaches.
· Attended the San Onofre Nuclear Generation Station (SONGS) Community Engagement Panel on October 8, 2024.

3. Oral Communications (Part 1)
Joe Wilson, San Clemente, commented on the need for sand replenishment for San Clemente beaches; spoke in support of Measure BB.

Gary Walsh, San Clemente, commented on the continual need for sand placement on San Clemente beaches as it relates to funding; spoke in support of Measure BB.

Cameron Cosgrove, San Clemente, commented on misconceptions related to Measure BB.

Lisa Gant, San Clemente, spoke in support of Ballot Measure BB; commented on potential financial impacts on residents.

Julian Husbands, San Clemente, commented on the need for additional sand placement on San Clemente beaches; spoke in support of Measure BB.

Suzie Whitelaw narrated a PowerPoint presentation concerning sand placement on San Clemente beaches. A hard copy of the presentation is on file with the City Clerk.

Donna Vidrine, San Clemente, urged the City Council to implement cold weather solutions for the homeless in San Clemente.

Jenifer Massey, urged the City Council to implement cold weather solutions for the homeless in San Clemente.

Mike Kay, San Clemente, commented on politically motivated comments made at City Council meetings.

Lisa Edone, San Clemente, spoke in opposition to a City Council candidate in District 3; spoke in support of City Council candidate Rick Loeffler.

Lois McNicoll spoke in opposition to Measure BB due to the inclusion of the Army Corps of Engineers Sand Replenishment Project.

Michelle Brooks, San Clemente, acknowledged the responsiveness of the City Council and City staff.

Steve Lang, San Clemente, expressed his appreciation to the City Council and City staff.

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City Council Special and Regular Meeting Minutes October 15, 2024

4. Motion waiving reading in full of all Resolutions and Ordinances Motion by Mayor Pro Tem Enmeier, second by Councilmember Duncan, 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:

Council gave direction; no reportable action concerning:

Real Property Negotiations: 690-552-06 Property: A 0.8-acre area of the Richard T. Steed Memorial Park property at the intersection of Avenida La Pata and Calle Extremo, currently established as the Baron Von Willard Dog Park
City Negotiators: Andy Hall, City Manager and Samantha Wylie, Director of Beaches, Parks and Recreation
Negotiating Parties: David Browning, Orange County Mountain Bike Association Under Negotiation: Price and terms

7. Staff Communications
City Manager Hall requested that the City Council consider the Consent Calendar prior to the Public Hearing and hear a brief presentation on item 11G - Contract Award- Offshore Sand Source Investigation, Accepting Related Grant Funding, Making a Supplemental Appropriation, and Finding the Project Statutorily Exempt from the California Environmental Quality Act.

Reorganization of Agenda
By City Council consensus, the City Council reorganized the agenda to consider the Consent Calendar prior to the Public Hearing. Please reference page 12 of these minutes for a summary of the action.

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City Council Special and Regular Meeting Minutes October 15, 2024

8. Public Hearings
8A. DE NOVO APPEAL AND PUBLIC HEARING ON PROJECT (PHP) 23-262, HOTEL CLEMENTE & LORETTA’S RESTAURANT, A REQUEST TO
CONSTRUCT A 28-UNIT BOUTIQUE HOTEL AND A RESTAURANT WITH

OUTDOOR SEATING, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Mayor Cabral opened the Public Hearing.

The City Council made the following disclosure of ex-parte communications:

Councilmember Knoblock reported that he had no ex-parte communications; stated that he received emails concerning the proposed project.

Mayor Pro Tem Enmeier reported that he had no ex-parte communications; stated that he received emails concerning the proposed project.

Councilmember Duncan reported that he had no ex-parte communications; stated that he received emails concerning the proposed project.

Councilmember Loeffler reported that he had communications with residents from the 200 block of Avenida Granada, spoke with the appellant on an unrelated issue, attended a Planning Commission meeting where this item was discussed and received emails concerning the proposed project.

Mayor Cabral reported that he received emails and phone calls concerning the proposed project.

Contract Planner Ciampa and City Planner Lightfoot narrated a PowerPoint presentation entitled "Hotel Clemente & Loretta's Restaurant CHP23-263/DP24-258/CUP23-264/MCUP24-260" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Michael Luna and Mike Simms, Applicants, reviewed the proposed project and responded to City Council inquiries.

Larry Culbertson spoke in opposition to the proposed project.

Harry Joseph, Carlsbad, spoke in opposition to the proposed project; expressed concerns regarding water runoff at the proposed site.

Jorge Alvarez, appellant, spoke in opposition to the proposed project.

Matt West, San Clemente, spoke in opposition to the proposed project.

Dave Litle, San Clemente, expressed concerns regarding noise and parking

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City Council Special and Regular Meeting Minutes October 15, 2024 impacts on residents of the proposed project.

Cheri Litle, San Clemente, expressed concerns regarding noise and parking impacts on residents of the proposed project.

Erin Brown, San Clemente, spoke in support of the proposed project.

Lois McNicoll expressed concerns regarding parking for the proposed project.

Jillian Chavez, San Clemente, spoke in support of the proposed project.

Mike Kay spoke in support of the proposed project.

Mabell Aguilar, San Clemente, expressed concerns regarding the project size, location and proximity to residences.

Merrill Wilson, San Clemente, opined on the Secretary of the Interior standards for historical buildings.

Lynn West expressed concerns regarding the project.

Meeting Recessed
The meeting recessed at 8:14 p.m. and reconvened at 8:23 p.m. with all Councilmembers present.

Jorge Alvarez, appellant, was granted additional time to speak at the discretion of the City Council; spoke in opposition to the proposed project.

Michael Luna and Mike Simms, Applicants, responded to community concerns regarding the proposed project.

Meeting Recessed
The meeting was recessed at 8:50 p.m. and reconvened at 8:53 p.m. with all City Councilmembers present.

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

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980
City Council Special and Regular Meeting Minutes October 15, 2024 Please reference page 11 for a summary of the approved motion.

Motion by Mayor Pro Tem Enmeier, second by Mayor Cabral, to:

Adopt Resolution No. 24-158, which will:

1. Find the Project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15331 (Class 31: Historical Resource Restoration/Rehabilitation) and Section 15332 (Class 32: In-Fill Development Projects), and direct staff to file a Notice of Exemption.

2. Deny the appeal and approve with conditions Project 23-262, consisting of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional Use Permit 23-264, and Minor Conditional Use Permit 24-260, Hotel Clemente and Loretta’s Restaurant, for the demolition of a duplex, rehabilitation and adaptive reuse of a historic resource at 232 Avenida Granada, construction of two new buildings to establish a 28-room boutique hotel, with a roof-top deck and architectural elements and elevator towers encroaching above the maximum height for the zoning district, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development and include sale of on-site full-service alcohol, outdoor courtyard seating, indoor amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared parking. With modifications to the restaurant’s seats allowed for the project to be increased from 100 to 130 seats.

Please reference page 9 for the action taken on this motion.

Substitute motion by Councilmember Loeffler, second by Councilmember Duncan, to:

Adopt Resolution No. 24-158, which will:

2. Deny the appeal and approve with conditions Project 23-262, consisting of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional

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981
City Council Special and Regular Meeting Minutes October 15, 2024 Use Permit 23-264, and Minor Conditional Use Permit 24-260, Hotel Clemente and Loretta’s Restaurant, for the demolition of a duplex, rehabilitation and adaptive reuse of a historic resource at 232 Avenida Granada, construction of two new buildings to establish a 28-room boutique hotel, with a roof-top deck and architectural elements and elevator towers encroaching above the maximum height for the zoning district, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development and include sale of on-site full-service alcohol, outdoor courtyard seating, indoor amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared parking. With the modification to approval to have the applicant obtain 12 additional off-site parking spaces for employees and have the applicant obtain a third party historical consultant to demonstrate compliance of the Secretary of the Interior standards.

Please reference page 9 for the action taken on this motion.

Substitute motion by Councilmember Knoblock, DIED due to lack of a second, to:

Adopt Resolution No. 24-158, which will:

2. Deny the appeal and approve with conditions Project 23-262, consisting of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional Use Permit 23-264, and Minor Conditional Use Permit 24-260, Hotel Clemente and Loretta’s Restaurant, for the demolition of a duplex, rehabilitation and adaptive reuse of a historic resource at 232 Avenida Granada, construction of two new buildings to establish a 28-room boutique hotel, with a roof-top deck and architectural elements and elevator towers encroaching above the maximum height for the zoning district, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development and include sale of on-site full-service alcohol, outdoor courtyard seating, indoor amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared parking. With the modification to have the applicant obtain 12 additional off-site parking spaces for employees.

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982
City Council Special and Regular Meeting Minutes October 15, 2024 Substitute motion by Councilmember Loeffler, second by Councilmember Duncan, FAILED 2-3 (Councilmember Knoblock, Mayor Pro Tem Enmeier and Mayor Cabral voting NOE), to:

Adopt Resolution No. 24-158, which will:

2. Deny the appeal and approve with conditions Project 23-262, consisting of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional Use Permit 23-264, and Minor Conditional Use Permit 24-260, Hotel Clemente and Loretta’s Restaurant, for the demolition of a duplex, rehabilitation and adaptive reuse of a historic resource at 232 Avenida Granada, construction of two new buildings to establish a 28-room boutique hotel, with a roof-top deck and architectural elements and elevator towers encroaching above the maximum height for the zoning district, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development and include sale of on-site full-service alcohol, outdoor courtyard seating, indoor amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared parking. With the modification to approval to have the applicant obtain 12 additional off-site parking spaces for employees and have the applicant obtain a third party historical consultant to demonstrate compliance of the Secretary of the Interior Standards.

AYE: Duncan and Loeffler
NOE: Enmeier, Knoblock and Mayor Cabral
Motion by Mayor Pro Tem Enmeier, second by Mayor Cabral, was WITHDRAWN, the withdrawn motion is as follows:

Adopt Resolution No. 24-158, which will:

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City Council Special and Regular Meeting Minutes October 15, 2024

2. Deny the appeal and approve with conditions Project 23-262, consisting of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional Use Permit 23-264, and Minor Conditional Use Permit 24-260, Hotel Clemente and Loretta’s Restaurant, for the demolition of a duplex, rehabilitation and adaptive reuse of a historic resource at 232 Avenida Granada, construction of two new buildings to establish a 28-room boutique hotel, with a roof-top deck and architectural elements and elevator towers encroaching above the maximum height for the zoning district, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development and include sale of on-site full-service alcohol, outdoor courtyard seating, indoor amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared parking. With modifications to the restaurants seats to be increased from 100 to 130 seats and addition of the multimodal fee.

Motion by Mayor Pro Tem Enmeier, second by Mayor Cabral, FAILED 2-3 (Councilmember Duncan, Councilmember Loeffler and Councilmember Knoblock voting NOE), to:

Adopt Resolution No. 24-158, which will:

2. Deny the appeal and approve with conditions Project 23-262, consisting of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional Use Permit 23-264, and Minor Conditional Use Permit 24-260, Hotel Clemente and Loretta’s Restaurant, for the demolition of a duplex, rehabilitation and adaptive reuse of a historic resource at 232 Avenida Granada, construction of two new buildings to establish a 28-room boutique hotel, with a roof-top deck and architectural elements and elevator towers encroaching above the maximum height for the zoning district, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development and include sale of on-site full-service alcohol, outdoor courtyard seating, indoor amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared parking. With the addition of allowing the applicant to buy back an additional 30 restaurant seats (for a maximum of 130) and allow for the addition of utilizing the multimodal fee in

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984
City Council Special and Regular Meeting Minutes October 15, 2024 addition to the off-site lease to address parking needs for the increased capacity.

AYE: Enmeier and Mayor Cabral
NOE: Duncan, Knoblock and Loeffler
Motion by Councilmember Knoblock, second by Mayor Cabral, CARRIED 3-2 (Councilmeber Loeffler and Councilmember Duncan voting NOE), to:

Adopt Resolution No. 24-158, which will:

2. Deny the appeal and approve with conditions Project 23-262, consisting of Cultural Heritage Permit 23-263, Development Permit 24-258, Conditional Use Permit 23-264, and Minor Conditional Use Permit 24-260, Hotel Clemente and Loretta’s Restaurant, for the demolition of a duplex, rehabilitation and adaptive reuse of a historic resource at 232 Avenida Granada, construction of two new buildings to establish a 28-room boutique hotel, with a roof-top deck and architectural elements and elevator towers encroaching above the maximum height for the zoning district, and specialty restaurant with indoor and outdoor seating. The project will merge the five lots into one parcel for the development and include sale of on-site full-service alcohol, outdoor courtyard seating, indoor amplified music, valet parking service, the use of vehicle lifts, and parking demand modifications with shared parking, with the modification to have the applicant obtain 12 additional off-site parking spaces for employees.

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

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City Council Special and Regular Meeting Minutes October 15, 2024

9. Unfinished Business
9A. UPDATE ON SIDEWALK VENDING ENFORCEMENT
Community Development Director Atamian reviewed the contents of the Administrative Report and responded to City Council inquiries.

Motion by Council consensus, CARRIED 5-0, to receive and file the Administrative Report dated October 15, 2024 and on file with the City Clerk.

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

10. New Business
None.

11. Consent Calendar
The Consent Calendar was considered earlier in the meeting, for a summary of action please reference page 4 of these minutes.

Item 11G was removed from the Consent Calendar for discussion.

A. City Council Minutes
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF OCTOBER 15, 2024.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
B. Commission/Committee Minutes
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to receive and file the following:
(1) PLANNING COMMISSION ADJOURNED REGULAR MEETING OF
SEPTEMBER 18, 2024.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF SEPTEMBER 19, 2024.
(3) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 3, 2024.

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

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986
City Council Special and Regular Meeting Minutes October 15, 2024 C. Warrant Register
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:
(1) 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
AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
Payroll Register
None.
11D. CONTRACT AWARD - PEDESTRIAN AUDIBLE WARNING SYSTEM (PAWS) REHABILITATION, AUTHORIZING A 10% PROJECT CONTINGENCY, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Lois McNicoll opined that this project should be funded through Measure BB.

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

Adopt Resolution No. 24-159, which will:

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. Approve, and authorize the City Manager to execute, Contract No. C24- 58, by and between the City of San Clemente and Pacific Railway Enterprises, Inc., providing for the Pedestrian Audible Warning System Rehabilitation, in an amount not to exceed $248,481, in a form substantially similar to Contract No. C24-58 (Attachment 2).

4. Approve a 10% project contingency.

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

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987
City Council Special and Regular Meeting Minutes October 15, 2024 11E. CONTRACT AWARD - PICO/PRESIDIO DIP REPLACEMENT, APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $140,000 FROM

THE WATER FUND DEPRECIATION RESERVE, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 24-160, which will:

1. Find the Pico/Presidio DIP Replacement Project Repairs, Project No. 13411,categorically exempt from the California Environmental Quality Act (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. Approve, and authorize the City Manager to execute, Contract No. C24- 59, by and between the City of San Clemente and Diamond Construction & Design, providing for the Pico/Presidio DIP Replacement project, in an amount not to exceed $1,189,310 in a form substantially similar to Contract No. 24-59 (Attachment 2).

5. Approve a 15% construction contingency of $178,397 for this project.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11F. CONTRACT AWARD - AVENIDA MONTALVO CANYON AND TRAIL IMPROVEMENTS HABITAT RESTORATION, CIP PROJECT NOS. 22001 & 16004 AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 24-161, which will

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

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City Council Special and Regular Meeting Minutes October 15, 2024

2. Approve, and authorize the City Manager to execute, Contract No. C24-60, by and between the City of San Clemente and Habitat Restoration Science, Inc., providing for the Avenida Montalvo Canyon and Trail Improvement Habitat Restoration, in an amount not to exceed $223,299 in a form substantially similar to Contract No. 24-60 (Attachment 2).

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

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.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11H. 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
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 24-163, which will:

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.

2. Approve the FY 2024-25 Work Plan as presented by the Public Safety Committee.

3. Appropriate $18,500 from the General Fund to Account No. 001-451-43890 -for the Human Trafficking project ($3,500) and the Neighborhood Watch program project ($15,000), as outlined in the Work Plan.

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

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989
City Council Special and Regular Meeting Minutes October 15, 2024 11I. 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
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to:

Adopt Resolution No. 24-164, which will:

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.

2. Approve the FY 2024-25 Work Plan as presented by the Human Affairs Committee.

3. Appropriate $7,050 for these five projects from the City’s General Fund to Account No. 001-435-44420-000-00000 for the Fee Supplement for Underprivileged Volunteers ($1,500), Updating Resource Registry ($2,500), San Clemente High School Humanitarian Award and Support ($550), and Community Resource Fair ($2,500) projects, as outlined in the Work Plan.

AYE: Duncan, Enmeier, Knoblock, Loeffler and Mayor Cabral NOE: None
11J. CONSIDERATION OF A RESOLUTION APPROVING THE COASTAL ADVISORY COMMITTEE FISCAL YEAR 2024-2025 WORK PLAN, AND

DETERMINING THAT THE WORK PLAN ACTIVITIES ARE EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 24-165 entitled 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.

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

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990
City Council Special and Regular Meeting Minutes October 15, 2024 11K. CONSIDERATION OF THE FY 2024-25 GOLF COURSE COMMITTEE WORK PLAN
Motion by Councilmember Knoblock, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 24-166 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
APPROVING THE FY 2024-25 GOLF COURSE COMMITTEE WORK PLAN.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
11G. CONTRACT AWARD - OFFSHORE SAND SOURCE INVESTIGATION,

ACCEPTING RELATED GRANT FUNDING, MAKING A SUPPLEMENTAL

APPROPRIATION, AND FINDING THE PROJECT STATUTORILY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
City Clerk Campagnolo announced that an amendment to the proposed contract is available for public review.

Coastal Administrator Meyerhoff with Greg Hearon, Coastal Frontiers narrated a PowerPoint presentation entitled "City of San Clemente Offshore Sand Source Investigation" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Suzie Whitelaw spoke in support of the proposed project.

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

Adopt Resolution No. 24-162, which will:

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. Approve, and authorize the City Manager to execute, Contract No. C24-61, by and between the City of San Clemente and Coastal Frontiers Corporation, providing for the offshore sand source investigation, in an amount not to exceed $796,266 with an amendment to the scope of the work to represent what was presented in the PowerPoint presentation by Greg Hearon, Coastal Frontiers.

4. Accept grant revenues in the amount of $800,000 to Account No. 001-000-

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991
City Council Special and Regular Meeting Minutes October 15, 2024 33446 (Coastal Grant Revenue).

5. Make a supplemental appropriation of $800,000 to Account No. 001-433- 43695 (Professional Studies).

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

12. Oral Communications (Part 2)
Tony Rubolino spoke on Councilmember Duncan's comments made while campaigning for State Assembly.

13. Future Agenda Items
None.

14. Reports
A. Commissions and Committees
Coastal Animal Services Authority (CASA)
Mayor Pro Tem Enmeier announced that the Coastal Animal Services Authority (CASA) will hold a spay and neuter special event.

B. Council Subcommittee Updates
Homeless Coalition
Councilmember Loeffler and Mayor Pro Tem Enmeier will meet and discuss a letter received from the Homeless Coalition.

C. City Attorney
None.

D. City Manager
None.

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City Council Special and Regular Meeting Minutes October 15, 2024

15. Adjournment
Motion by City Council consensus to adjourn at 9:50 p.m. The next Regular Meeting will be held on November 19, 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. The Regular City Council Council meeting of November 5, 2024 was previously cancelled.

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

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993
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: November 19, 2024 Agenda Item: (1)
994

CITY OF SAN CLEMENTE
Investment Advisory Committee Minutes
Special Meeting – August 5, 2024
A Special Meeting of the City of San Clemente Investment Advisory Committee was called to order by City Treasurer, Charlie Smith, on August 5, 2024 at 5:30 p.m. This meeting was conducted in the Community Conference Room at City Hall, 910 Calle Negocio, San Clemente. (1) PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Charlie Smith.
(2) ROLL CALL
PRESENT: Investment Advisory Committee Members:

Charlie Smith, Victor Cabral, Art Carter, Jeff Willardson, Matthew Koelliker
Staff:

Andy Hall, Brian Brower, Jake Rahn, Melissa Anderson
ABSENT: None

CHANDLER
REPRESENTATIVE: Jayson Schmitt
PUBLIC: Jake Ison
(3) APPROVAL OF MINUTES
Minutes from the April 29, 2024 meeting were approved. Motion was made to approve by Art Carter, seconded by Victor Cabral. Approved 5-0. (4) APPROVE 4
th QUARTER FY 2023-24 INVESTMENT REPORT
The fourth quarter investment report was introduced by City Treasurer, Charlie Smith. Jayson Schmitt, Chandler Asset Management representative, and Charlie Smith reviewed the fourth quarter investment report with the committee and answered questions raised by committee members. Art Carter moved to approve the 4
th Quarter Investment Report, seconded by Jeff Willardson. Approved 5-0. (5) DISCUSS SECTION 115 TRUST ACCOUNT
The committee decided to meet with PARS at the next meeting to discuss investment strategies for the Section 115 Trust.
995
Investment Advisory Committee Minutes August, 5, 2024 Page 2 (6) DISCUSS PORTFOLIO ALLOCATION, CURRENT ECONOMIC

ENVIRONMENT AND OTHER RELATED TOPICS
Andy Hall discussed not spending money we don’t have. The residents will decide if they want to increase sales tax to fund sand on the beach. The city lost two large revenue sources. Rather than touch investments or fund balances, the city has cancelled projects or used other project resources to fund priority capital projects. (7) PUBLIC INPUT
Jake Ison of Matthews Real Estate Investment Services introduced himself. (8) ADJOURNMENT
The committee agreed to change the date of the next meeting from October 28th to November 4th. Motion was made by Art Carter, seconded by Jeff Willardson, carried 5-0 to adjourn to the next meeting on November 4, 2024. _________________________________
Charlie Smith
Chair-Investment Advisory Committee
Future Meeting Dates:

November 4, 2024
January 27, 2025
April 28, 2025
July 28, 2025
996
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: November 19, 2024 Agenda Item: (2)
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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: November 19, 2024 Agenda Item: (3)

..ag endizedby
..end
Subject:
..titl e
PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF 09-24-2024 ..body ..recommendation
..end
1003
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1005
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1007
1008
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: November 19, 2024 Agenda Item: (4)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
PLANNING COMMISSION REGULAR MEETING MINUTES OF OCTOBER 2, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
1009
These minutes will be considered for approval at the Planning Commission meeting of 11-20-2024.

MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
October 2, 2024 @ 6:00 p.m.

San Clemente City Hall Council Chamber
910 Calle Negocio, San Clemente, CA 92673
Teleconference via www.san-clemente.org

CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:03 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

2. PLEDGE OF ALLEGIANCE
Vice Chair McCaughan led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Scott McKhann; Chair Pro Tem M. Steven Camp; Karen PrescottLoeffler; Vice Chair Gary P. McCaughan, M.D. and Chair Cameron Cosgrove
Commissioners Absent: Brenton Davis and Barton Crandell Staff Present: Jonathan Lightfoot, City Planner
Gena Burns, Deputy City Attorney
Zach Rehm, Principal Planner
Zachary Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil Engineer
John Ciampa, Contract Planner
Tamara Tatich, Office Specialist
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.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.

5. MINUTES
A. Receive and file Minutes from the Planning Commission Special Meeting of August 21, 2024.
1010
Minutes of Regular Planning Commission Meeting of October 2, 2024 Page 2

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 5-0, COMMISSIONERS CRANDELL AND DAVIS, to receive and file the minutes from the Planning Commission Special Meeting of August 21, 2024.

B. Received and file Minutes from the Planning Commission Adjourned Meeting of September 18, 2024

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 5-0, COMMISSIONERS CRANDELL AND DAVIS ABSENT, to receive and file the minutes from the Planning Commission Adjourned Meeting of September 18, 2024.

6. ORAL AND WRITTEN COMMUNICATION
None.

7. CONSENT CALENDAR
A. Parking Modification for Passenger and School Bus Loading Zones for Las Palmas Elementary School
A request to consider forwarding a recommendation to the City Council on parking modification to create designated passenger and school bus loading zones for Las Palmas Elementary School.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 5-0, COMMISSIONERS CRANDELL AND DAVIS ABSENT, to approve the Consent Calendar.

8. PUBLIC HEARING
A. Continued Public Hearing Project (PHP)23-487, Shoreline Dental Master Sign Program, 1409 South El Camino Real
A continued public hearing item for the Planning Commission to consider a request for a Discretionary Sign Permit (DSP) 24-003 to establish a Master Sign Program and exceed 25 square feet of signage for a business within the Architectural (A) Overlay District.

The Planning Commission will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).

Chair Cosgrove opened the public hearing.

Vice Chair McCaughan and Commissioner Prescott-Loeffler disclosed that they were patients of the dentist but could make a fair and impartial decision. 1011
Minutes of Regular Planning Commission Meeting of October 2, 2024 Page 3 Contract Planner Ciampa presented a PowerPoint entitled: Shoreline Dental Discretionary Sign Permit DSP24-003.” A copy of the Presentation is on file in Planning Division.

In response to Commissioner questions, Contract Planner Ciampa discussed the lighting of the sign; colors of the sign in relation to the building; and use of blues both in decorative tile and in the signage.

Mike Reilly, Applicant, Starfish Signs and Graphics, indicated the proposed tile on the monument sign would match the existing tile in the archways.

There were no public comments.

The Commission thanked the applicant for the revisions through the Design Review Subcommittee; indicated support for tying into the monument sign; and discussed the possibility of changing the cap and base color.

The Commission recommended, but did not require as a condition of approval, that the applicant consider an alternate color for the cap of the monument sign to reflect the color of the roof tile. Indicated that an alternate color of this type can be approved administratively by staff with no amendment to DSP 24-003.

IT WAS MOVED BY VICE CHAIR MCCAUGHAN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER, AND CARRIED 5-0, COMMISSIONERS CRANDELL AND DAVIS ABSENT, TO APPROVE STAFF RECOMMENDATION.

B. Continued Conditional Use Permit (CUP) 21-268, AT&T Wireless Telecommunications Facility, 4159 Costero Risco
A continued public hearing item for the Planning Commission to consider a request by AT&T to construct a new Monobroadleaf wireless facility with accompanying ground mounted equipment that would be placed within an expanded enclosure at 4159 Costero Risco.

The Planning Commission will also consider whether the project is Categorically Exempt from the California Environmental Quality Act under Section 15303 of the CEQA guidelines (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures).

Chair Cosgrove opened the public hearing.

Contract Planner Ciampa presented a PowerPoint entitled: “AT&T Telecommunication Facility – Conditional Use Permit 21-268” dated October 2, 2024.” A copy of the Presentation is on file in Planning Division.

In response to Commission questions, Contract Planner Ciampa and City Planner Lightfoot explained the process for bi-annual inspections; process for selection of 1012
Minutes of Regular Planning Commission Meeting of October 2, 2024 Page 4 alternative sites considered; differences in process for projects on City owned property, including requirement for lease agreement after approval of CUP .

Will Kazimi, Applicant, presented a PowerPoint outlining site analysis; gap in coverage; alternative site analysis; condition requiring co-locations; and site visit with one of the residents.

In response to Commission questions, Mr. Kazimi clarified the grading and construction difficulties; separate equipment enclosure and tower, connected by cable; measurement of EMF; cumulative of all emitters at 34 percent of the FCC’s maximum permissible exposure (MPE) levels; removal of microwave dish; and Alternatives J and K impacted by shadowing effect.

Chair Cosgrove called upon the public to share their comments.

Mike Hughes expressed concern about the current tenant (Verizon/ATC) not maintaining their infrastructure creating dangerous conditions; encouraged remediation of the site prior to allowing a new tenant; and questioned the alternative site analysis.

Robert Locke discussed his work in a cardiac cath lab and expressed concern about EMF and living under power wires.

Derek Miller indicated opposition to the cell phone towers; discussed the Council’s previous indication that it did not want multiple facilities; suggested it remain open space; and expressed concern about visual impacts and use of the FCC’s 1992 standards.

Megan Miller indicated other members of the public were unable to attend the meeting; and discussed the prior decision for no more than two towers; inaccuracy of the EME-RF report; disarray of the current Verizon site; and alleged 250 petition signatures in opposition.

Allie Malina concurred with her neighbors and requested clarification on the RF measurements.

Marc Whitney indicated 5-6 people showed up for the site visit, and he proposed moving the antenna up and off the trail.

Greg Fuhler/Monica Parr discussed the view of the tower from his home and indicated opposition to building any new towers.

Kimberly Graf, 20-year resident, suggested the trails be walkable; no additional towers; alternative sites; and retaining open space.
1013
Minutes of Regular Planning Commission Meeting of October 2, 2024 Page 5 Ms. Whitney stated a new tower was not needed, the existing tree was in bad condition and urged denial.

Mr. Kazimi discussed the EME-RF report conducted in 2021 and indicated they could update the report, although the proposed antennas have not changed; updated drawings; noted that the Alternative Site Analysis did not include electricity transmission towers on the other side of the canyon which were too far away to address the gap in coverage; City Code Enforcement can address Verizon maintenance; and location criteria is based on objective coverage.

In response to Commission questions, Mr. Kazimi explained that the RF report would detail the Federal Government regulations; noted that telecom carriers identify gaps in coverage via complaints, lack of speed and reliable coverage; public locations of cell sites; and standard operating procedures for maintenance.

City staff clarified that the trail near the site is dual easement for both utilities and pedestrian purposes.

RECESS
Chair Cosgrove called a recess at 8:00 p.m. The meeting reconvened at 8:05 p.m. with all Commissioners present except Commissioners Davis and Crandell.

In response to Commission questions, Deputy City Attorney Burns and City Planner Lightfoot explained Federal law limitations on the Commission’s decision; proposed maintenance work by Verizon to clean up the ATC site; trailhead access; prior facility approvals; City lessee, with American Tower as primary lessor; open space zoning; and cell towers as permitted uses with CUP.

The Commission discussed the need to continue the hearing with the following direction:
• Staff to continue addressing maintenance at Verizon/ATC site • Updated RF report clarifying timelines of exposure; expansion of staff report on Resolution Condition 4.7 RF report to be cumulative with Verizon • Analysis on maintenance going forward
• Workshop with residents;
• Alternative Site Analysis: provide topo / sight line studies; show shadowing • Provide trail easement documentation: should signage or gate be used • Preference to increase distance of facility from trail • Separate Study Session for the Commission on wireless standards; how and why are sites considered; prior to continued public hearing coming back • Provide both an approval and a denial resolution when the public hearing resumes, with the denial resolution to consider potential negative impact to 1014
Minutes of Regular Planning Commission Meeting of October 2, 2024 Page 6 surrounding land use; inability for City to manage the site; nuisance factor; other telecom facilities with nuisance activity.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY CHAIR PRO TEM CAMP, AND CARRIED 4-0-1, COMMISSIONERS CRANDELL AND DAVIS ABSENT AND VICE CHAIR

MCCAUGHAN ABSTAINING, TO CONTINUE THE HEARING, TO A DATE UNCERTAIN, WITH DIRECTIONS TO THE APPLICANT AND STAFF.

C. Continued Public Hearing Project (PHP) 24-187, Sunset Shores Façade Remodel Permit Amendment, 410 Corto Lane
A continued public hearing item for the Planning Commission to consider a request for an amendment to Development Permit (DP) 23-415 for exterior improvements, including a height increase for faux roof extensions, façade improvements, and architectural embellishments, to an existing 18-unit condominium building located at 410 Corto Lane within the Pier Bowl Specific Plan and the Architectural (A) Overlay District.

The Planning Commission will also consider whether the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).

Chair Cosgrove opened the public hearing.

Principal Planner Rehm narrated a PowerPoint Presentation entitled, “Item 8-C, PHP 24-187 Sunset Shores Facade Remodel Permit Amendment Request,” dated October 2, 2024. A copy of the Presentation is on file in Planning Division.

Commissioner McKhann and Commissioner Prescott-Loeffler disclosed that they had visited the site.

Tony Massaro, Architect, discussed work with the City and HOA; explained the effort to create a visually consistent building mass, showed renderings of two building mass design options referenced as Option A and Option B; and referenced past building permits issued for oceanfront deck guardrails.

Scott Delahooke, Board of Directors Sunset Shores, explained the purpose of uniform oceanfront deck guardrails; referenced HOA policy requiring replacement during renovations; and referenced nine unchanged guardrails to be replaced in the future, including three original decks.

In response to Commission questions, Mr. Delahooke discussed the cost of replacing the guardrails.
1015
Minutes of Regular Planning Commission Meeting of October 2, 2024 Page 7 In response to Commission questions, Mr. Massaro explained the proposed roof parapets design; proposed Option B with stucco; two-tone paint for dimension; and referenced design efforts for asymmetry;
Sam Saul, Reef Gate Shores, discussed successful efforts working with the applicant and indicated support for the proposal.

The Commission discussed the proposed design.

IT WAS MOVED BY COMMISSIONER CAMP, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 5-0, COMMISSIONERS CRANDELL AND DAVIS ABSENT, TO

APPROVE OPTION B, STRIKING CONDITION TO REPLACE NON-GLASS GUARDRAILS WITHIN 3-YEARS.

D. Continued Housing Element Action Plan – Objective Design Standards A continued public hearing item for the Planning Commission to provide recommendations to City Council on Zoning Amendment ZA24-193 to adopt Objective Design Standards, selection of sites previously identified in the Housing Element to be added to the Housing Overlay, and zoning table amendments to authorize additional residential uses within residential, commercial, and mixed-use zoning districts; and finding that the zoning amendment is exempt from CEQA per the Community Plan exemption pursuant to PRC Sec. 21083.3 and Guidelines Sections 15183, 15060(C) and 15061(B)(3).

Chair Cosgrove opened the public hearing.

Principal Planner Rehm narrated a PowerPoint Presentation entitled, “Item 8-D - Housing Element Action Plan – Objective Design Standards, Housing Overlay, & Zoning Amendment,” dated October 2, 2024. A copy of the Presentation is on file in Planning Division.

In response to Commission questions, Principal Planner Rehm and City Planner Lightfoot explained that hotel conversions were limited to properties in zones where residential uses are authorized unless preempted by State law; summarized feedback received from the California Coastal Commission and the California Housing and Community Development Department; referenced required timing for review of qualified affordable housing development projects; referenced the legend to Design District maps included in the full document; and described the balance between State Housing laws and the City’s Housing Element and Zoning Code.

Jordyn Dahlke, Member of San Clemente Affordable Housing Coalition, indicated opposition with allowing benefits to property owners without providing affordable units and opposed the restriction against conversion of hotels to Permanent Supportive Housing.
1016
Minutes of Regular Planning Commission Meeting of October 2, 2024 Page 8 Rachel Davidson suggested that moderate-income units should not qualify as affordable; indicated opposition to limitations on conversion of hotels; and encouraged the City to prioritize housing for low/very housing income.

Kathy Esfahani, Chair of San Clemente Affordable Housing Coalition, reiterated opposition to changing the type of developments that qualified for streamlined review in the Housing Overlay and opposed changes to rules regarding motel conversions. She referenced the Coalition’s second letter expanding and clarifying the arguments from their first September 17, 2024 letter, including the argument that proposed changes are inconsistent with the Housing Action Plan, Table 2-24 in the Housing Element: Affordable Monthly Rent.

In response to Commission questions, Principal Planner Rehm and City Planner Lightfoot discussed the inclusion of campsites in the City’s inventory of affordable overnight accommodation; referenced Goal 5.3 of the Housing Action Plan; referenced the overlap with the State of California’s Project Home Key hotel/motel conversion initiative; referenced the design inspiration for the new Surf Zone Objective Design Standards; cited the City’s history of parking policies; and summarized the benefits available to developers of qualified affordable housing development projects.

The Commission discussed State regulations to preserve overnight lodging; objective design standards; landscape conditions; and Commissioner McKhann’s suggested revisions to the Objective Design Standards.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER PRESCOTT-LOEFFLER TO CONTINUE BEYOND 11 P.M., AND CARRIED 5-0, COMMISSIONERS CRANDELL AND DAVIS ABSENT.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 5-0, COMMISSIONERS CRANDELL AND DAVIS ABSENT, TO

RECOMMEND THE CITY COUNCIL APPROVE THE ORDINANCE AS AMENDED TO

INCORPORATE REVISIONS TO THE OBJECTIVE DESIGN STANDARDS MADE VERBALLY THROUGH COMMISSIONER CONCURRANCE.

9. NEW BUSINESS
None

10. OLD BUSINESS
None

11. REPORTS OF COMMISSIONERS AND STAFF
A. Tentative Future Agenda
City Planner Lightfoot discussed the recent American Planning Association State Conference attended by staff and promotion of Chris Wright to Senior Planner. 1017
Minutes of Regular Planning Commission Meeting of October 2, 2024 Page 9 B. Administrative Development Permit Report
None

12. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS

MOVED BY CHAIR COSGROVE, SECONDED BY VICE CHAIR CAMP, AND CARRIED 5-0, COMMISSIONERS CRANDELL AND DAVIS ABSENT, TO ADJOURN THE MEETING AT 11:08 P.M. TO THE REGULAR PLANNING COMMISSION MEETING TO BE HELD IN-PERSON ON OCTOBER 16, 2024, AT 6:00 P.M., AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2
nd FLOOR, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
Cameron Cosgrove, Chairman
Attest:

Jonathan Lightfoot, City Planner
1018
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: November 19, 2024 Agenda Item: (5)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF OCTOBER 17, 2024 ..body Fiscal Impact:

Summary:

Background:

Council Options:

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
..end
Attachment:

Notification:
1019

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
OCTOBER 17, 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 17, 2024 at 3:02 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

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

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of October 3, 2024.

ZA Atamian received and filed the minutes for the regular meeting of October 3, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Item (PHP) 24-304, Mariposa Condominium Subdivision, 214 W. Mariposa
A request for the Zoning Administrator to approve a residential duplex condominium subdivision for the purposes of individual ownership of each unit.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15315 (Class 15: Minor Land Divisions).

Associate Planner David Carrillo summarized the staff report and introduced the applicant, Harold Alzate with Andaz Building Group, Inc, who stated he had no comments at this time.
1020
Minutes of the Zoning Administrator Regular Meeting October 17, 2024 Page 2 ZA Atamian opened the public hearing.

Kelli Mulligan, neighboring resident expressed concern with density and change in character on the street.

ZA Atamian thanked Ms. Mulligan for her comments and noted that the project is zoned Residential Medium, which allows for at least two units, and that the type of project did not require any discretionary review or public hearing for its approval. What is under review is the condominium subdivision that allows to divide the units for private ownership.

ZA Atamian thanked staff for a concise report and confirmed with the applicant, Mr. Alzate that the Building Permit is almost final.

Having no further questions, ZA Atamian closed the public hearing.

ZA Atamian stated that he reviewed the report and building permit, is familiar with the property, and could make the following findings:

1. Site is physically suitable for the type of development;

2. Site is suitable for the density of the development;

3. A condominium subdivision is consistent with the General Plan; and

4. The Project complies with the Zoning Ordinance, as well as Title 16 in the Municipal Code that regulates subdivisions.

ZA Atamian noted that there is a necessity to submit a California Coastal Commission (CCC) application for a Development Permit or whatever the CCC deem necessary in order to proceed.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15315 (Class 15: Minor Land Divisions).

Action: The Zoning Administrator adopted Resolution ZA24-019 approving Tentative Parcel Map 24-314, Mariposa Duplex Subdivision, subject to the Conditions of Approval.

B. Public Hearing Permit (PHP) 24-362, SC Christian School Amendment to CUP 15-106, 180 Avenida La Pata
A request for the Zoning Administrator to modify Condition of Approval #6 of Resolution No. PC 15-034, to extend the expiration date of Conditional Use Permit (CUP) 15-106.

The Zoning Administrator will also consider whether the project is categorically exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1.e: Existing Facilities).
1021
Minutes of the Zoning Administrator Regular Meeting October 17, 2024 Page 3 Staff recommends that the Zoning Administrator continue the item to the November 21, 2024 Zoning Administrator meeting to allow the applicant sufficient time to compile additional information needed for this public hearing item.

Action: ZA Atamian continued Public Hearing Project 24-362, SC Christian School Amendment to CUP 15-106, 180 Avenida La Pata to Thursday, November 21, 2024.

5. NEW BUSINESS
None.

6. OLD BUSINESS
None.

7. ADJOURNMENT
The meeting adjourned at 3:25 p.m. to the Regular Meeting of the Zoning Administrator, which will be held Thursday, November 7, 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
1022
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: November 19, 2024 Agenda Item: (6)
Submitted By: Choose an item.

Prepared By:

Subject:
..titl e
DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES OF OCTOBER 23, 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

DESIGN REVIEW SUBCOMMITTEE
OCTOBER 23, 2024
Subcommittee Members Present: Vice Chair Cameron Cosgrove; Committee Member Bart Crandell
Subcommittee Members Absent: Committee Member M. Steven Camp Staff Present: Christopher Wright, Senior Planner
Samantha Wylie, Recreation Director
David Carrillo, Associate Planner
Alexia Gruszczynski, Community Development Technician

1. MINUTES
A. Review and file minutes of the Design Review Subcommittee meeting September 11, 2024
Member Crandell moved to approve the meeting minutes of September 11, 2024 to the next Design Review Subcommittee Meeting in that only person in attendance was present.

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:

A. Administrative Development Permit 24-504, West Toast Café T-Street Concession Stand Remodel (Gruszczynski)
A request for review and provide feedback to inform the City Planner’s decision on administrative permits for a minor facade remodel of a restaurant concession building on T-Street beach.

Community Development Technician, Alexia Gruszczynski, introduced Samantha Wylie, Recreation Director for the City of San Clemente and the leasing agent on behalf of the City; and summarized the staff report and key elements of the proposed project.

Eligija Stravinskaite, the project’s applicant, provided additional information on the project, including the project’s plans and a material board.

Chair Crandell opened the item for public comment. No public comments were received.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
1024
Design Review Subcommittee Regular Meeting Minutes October 23, 2024 Page 2 • How are trash enclosures, waste management, and food waste incorporated?
• Discussed the seating area changes with Ms. Wylie.
• Suggested mobile planter boxes around the seating area to help with City Maintenance.
• Building lighting must be facing down and away from the residential areas. • Route the project through DMT to get departmental feedback. • Suggested using more durable materials for the exterior of the building.

The Subcommittee requested the project be seen by DRSC again at a later time for an update.

B. Pre-Application (PREAPP) 24-464, Salty Turf Mini Golf, 48 Avenida La Pata (Carrillo)
A request for preliminary feedback on conceptual plans for a miniature golf course facility on vacant land within Vista Hermosa Sports Park located at 48 Avenida La Pata. The feedback is sought by the applicant to prepare an application for zoning permits that will require a subsequent review process.

Associate Planner David Carrillo summarized the staff report and key elements of the preliminary application.

Michael Luna, the project’s architect, provided a presentation on the project.

Chair Crandell opened the item for public comment. No public comments were received.

The Design Review Subcommittee (DRSC) discussed the project, and made the following comments either individually or as a group:
• What is the target age group?
• Does this require environmental review per CEQA?
• What are the hours of operation?
• How is parking addressed?
• Will the project provide a trash enclosure?
• Keep noise in mind when designing the project; a previous play pool project involved significant public comment on noise impacts. • Suggested staff review the Master Plan for the Sports Park to understand compliance of parking and other elements.
• Remove the bulb-out to the right of project area and replace with parking; replace parking adjacent to the front entry of the clubhouse with a bulbout for more of a “courtyard” feel; assess feasibility and ensure parking is still satisfied.
• More sophistication is needed on the front elevation of the clubhouse through the use of materials, colors, or slight building form changes. 1025
Design Review Subcommittee Regular Meeting Minutes October 23, 2024 Page 3 • Use less wrought iron; consider replacing wrought iron on towers with a tile mural.
• Avoid giving a “circus” feel from public view; fully maintain Spanish Colonial Revival architecture from the outside, and be more “playful” within the site and buildings.
• Reference La Galette approval for guidance on roll-up windows and doors. • Add a wrap-around counter to the rear kitchen building. • Landscaping will improve the entire design of the project. • Add planters against the front of the building to soften wall mass.

The Subcommittee recommended the project move forward with a formal application submittal.

5. OLD BUSINESS
None.

6. ORAL AND WRITTEN COMMUNICATION
None.

7. ADJOURNMENT
Adjourned to the October 13, 2024 DRSC meeting at 5:00 p.m., San Clemente City Hall, First Floor Community Room, 910 Calle Negocio, San Clemente, CA.

Respectfully submitted,
_______________________________
Vice Chair Cameron Cosgrove
Attest:
_______________________________
Christopher Wright, Senior Planner
1026
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: November 19, 2024 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3124 through 3129 and Warrant Nos.
599788 through 599920, paid on
10-4-24, in the amount of $1,704,844.30
..end
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1035
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: November 19, 2024 Agenda Item: (2)
..ag endizedby
..end
Subject:
..titl e
Approve Handwrite Nos. 600096 through
600097, and Wire Transfer Nos.
3130 through 3131 and Warrant Nos.
599921 through 600095, paid on
10-11-24, in the amount of $3,927,779.27
..end
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
1052
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: November 19, 2024 Agenda Item: (3)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3132 through 3136 and Warrant Nos.
600098 through 600309, paid on
10-18-24, in the amount of $4,747,973.56
..end
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
1065
1066
1067
1068
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: November 19, 2024 Agenda Item: (4)
..ag endizedby
..end
Subject:
..titl e
Approve Warrant Nos.
600310 through 600536, paid on
10-25-24, in the amount of $1,784,011.75 ..end
1069
1070
1071
1072
1073
1074
1075
1076
1077
1078
1079
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: November 19, 2024 Agenda Item: (5)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3137 through 3142 and Warrant Nos.
600537 through 600639, paid on
11-1-24, in the amount of $1,520,359.93 ..end
1080
1081
1082
1083
1084
1085
1086
1087
1088
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: November 19, 2024 Agenda Item: (6)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3143 through 3144 and Warrant Nos.
600640 through 600822, paid on
11-8-24, in the amount of $3,482,887.46
TOTAL WARRANT REGISTER $17,167,856.27 ..end
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
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: November 19, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant Nos. 953 through 954, and
Automatic Deposit Advises 97738
through 98078, for the period
9-16-24 through 9-29-24, paid
on 10-4-24, in the amount of $519,285.96
..end
1099
1100
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: November 19, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant Nos. 955 through 956, and
Automatic Deposit Advises 98079
through 98411, for the period
9-30-24 through 10-13-24, paid
on 10-18-24, in the amount of $523,053.60 ..end
1101
1102
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: November 19, 2024 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Warrant No. 957, and Automatic
Deposit Advises 98412 through
98736, for the period 10-14-24
through 10-27-24, paid on 11-1-24,
in the amount of $522,227.75
TOTAL PAYROLL REGISTER $1,564,567.31 ..end
1103
1104
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: November 19, 2024 Agenda Item: 11D.

Submitted By: Public Works
Prepared By: Ryan Kim, Senior Civil Engineer- Traffic
Zak Ponsen, Assistant City Engineer
Dave Rebensdorf, Public Works Director/City Engineer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION APPROVING PARKING MODIFICATIONS TO

CREATE DESIGNATED PASSENGER AND SCHOOL BUS LOADING ZONES FOR LAS

PALMAS ELEMENTARY SCHOOL AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

There are available funds within the City’s operating budget for the costs of painting the curbs and installing new signage (approximately $3,000 total) from the City Maintenance Department’s Street Sign Replacement Program, Project No. 21306.

Summary:

Staff has worked with the Las Palmas Elementary School’s Principal to find solutions to on-going complaints of congestion from nearby residents in the Avenida Del Poniente area. The proposed changes aim to establish more parking spaces for school traffic directly in front of the school to ensure the best solution for the school's parking needs.

This report includes a proposal to formally create a 134-foot long 3-minute passenger loading zone on the south side of Avenida Aragon. The 3-minute parking prohibitions will be restricted from 7 A.M. to 3 P.M. only on school days. Additionally, the report recommends converting the existing 130-foot 1-hour parking zone on the west side of Calle Puente into a school bus loading zone from 7 A.M. to 3 P.M. only on school days. City staff, the Planning Commission, and the school Principal anticipate the proposed changes will improve mobility and congestion during peak pick-up and drop off periods.

Background:

Las Palmas Elementary School is located at the southwest corner of Avenida Aragon and Calle Puente. Currently, a 336-foot white curb marks a 3-minute passenger loading zone directly in front of the school on the west side of Calle Puente between Avenida Aragon and Avenida Del Poniente from 7 AM to 3 PM on school days. No changes are recommended for this passenger parking zone. Additionally, a 130-foot 1-hour parking zone exists on the same side of Calle Puente that operates from 7:30 AM to 4:30 PM on weekdays. On the opposite side of the school, there is a loading zone within the small school parking lot at the north corner of Avenida Del Poniente and Calle Oso. Attachment 1 shows the current conditions and parking restrictions. 1105
Meeting Date: November 19, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
The school has been facing traffic congestion issues and complaints from nearby residents on Avenida Del Poniente during pick-up and drop-off hours for a few years. To resolve this issue, the School Principal suggested a new loading zone on Avenida Aragon, which has been temporarily implemented on a trial basis since April 2023 with loading zone signs. These signs have been successful during peak hours without receiving any complaints. Furthermore, the Principal has requested to convert the existing 130-ft 1-hour parking zone into a school bus loading zone.

Therefore, staff anticipates that the recommended improvements as shown in Attachment 2 and described below will improve mobility and congestion during peak periods.

1. Convert the current temporary passenger loading zone into a permanent one on the south side of Avenida Aragon up to 134 feet in length; and

2. Convert the current 130-ft 1-hour parking zone into a school bus loading zone marked by yellow curb on the west side of Calle Puente.

The proposed parking modifications were reviewed by the Planning Commission on October 2, 2024. The item was unanimously recommended by the Planning Commission for City Council approval.

Council Options:
 Adopt Resolution No. 24-176, approving the parking modification as shown on Attachment 2, and finding the project categorically exempt from CEQA.  Adopt Resolution No. 24-176 with modifications.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-176 and deny the request for parking modifications.

Environmental Review/Analysis:

The Planning Commission and staff are recommending that the City Council determine this action to be categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301(c)) of the State CEQA Guidelines.

Recommended Actions:

Staff Recommendation
..recommendation
Planning Commission and Staff recommend that the City Council approve Resolution No. 24-176, which would take the following actions:

1. Find the project categorically exempt from CEQA under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines; and,

2. Approve the parking modifications as illustrated in Attachment 2 as follows:
1106
Meeting Date: November 19, 2024 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
a. Convert the current temporary passenger loading zone into a permanent one on the south side of Avenida Aragon up to 134 feet in length; and
b. Convert the current 130-ft 1-hour parking zone into a school bus loading zone marked by yellow curb on the west side of Calle Puente.
..end
Attachment:

1. Location Map- Existing Parking Restrictions

2. Proposed Measures

3. Resolution No. 24-176
Notification:

Staff hand delivered notices to the residents within 300 feet of the proposed modifications to inform them that the City Council would discuss the subject matter at this meeting. 1107
1108
1109
ATTACHMENT 3
RESOLUTION NO. 24-176

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, MODIFYING
‘RESTRICTED PARKING AREAS’ ON AVENIDA ARAGON &

CALLE PUENTE, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1
(EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE

STATE CEQA GUIDELINES
WHEREAS, the City has received a request for to modify existing parking conditions around Las Palmas Elementary School; and
WHEREAS, the City has performed a field review and evaluated existing parking conditions on Avenida Aragon & Calle Puente and the City desires to improve the school traffic circulation in the area; and
WHEREAS, the City of San Clemente Planning Commission (“Planning Commission”), at its regular meeting of October 2, 2024 made a recommendation to the City of San Clemente City Council (“City Council”) to approve the parking restrictions at the locations listed below; and
WHEREAS, the City Council has considered the information provided by City staff and any information provided by the public at or before the November 19, 2024 City Council meeting, and implement the parking restrictions, which are warranted and are in the public’s best interest.

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

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

Section 2. That based on the record as a whole, the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines because it consists of minor alteration of existing public structures, facilities or topographical features, involving negligible or no expansion of existing or former use and there is no possibility of a direct or foreseeably indirect effect on the environment.

Section 3. That the Master Traffic Resolution No. 1846, Section 28, entitled “Restricted Parking Areas”, is hereby amended by adding subsection:

28.p-8b Puente, Calle, west side, from its intersection with Avenida Aragon, in a southerly direction for a distance of 130 feet, parking shall be limited to school bus loading and unloading of passengers only, between the hours of 1110
Resolution No. 24-176 Page 2
7:00 a.m. and 3:00 p.m. on school days.

Section 4. That the Master Traffic Resolution No. 1846, Section 28, entitled “Restricted Parking Areas”, is hereby amended by modifying the following subsections:

28.a-1 Aragon, Avenida, south side, from a point 15 feet west of the fire hydrant located on the southwest corner of Avenida Aragon and Calle Puente for a distance of 134 feet westerly, parking shall be limited to three minutes for loading and unloading of passengers only, between the hours of 7:00 a.m. and 3:00 p.m. on school days.

28.p-9a Puente, Calle, west side, from a point 130 feet south side of the curb return at Avenida Aragon to the stop limit line at Avenida Del Poniente, parking shall be limited to three minutes for loading and unloading of passengers only, between the hours of 7:00 a.m. and 3:00 p.m. on school days.

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 November 19, 2024.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California
1111
Resolution No. 24-176 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. 24-176 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of November 19, 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of November 19, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
1112
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: November 19, 2024 Agenda Item: 11E.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO APPROVE AN AFFORDABLE HOUSING

PROJECT, THAT INCLUDES AN AFFORDABLE HOUSING AGREEMENT WITH FRIENDSHIP

SHELTER INC, AN ANNUAL MONITORING FEE, AND ZONING CONCESSIONS AND

WAIVERS PURSUANT TO STATE DENSITY BONUS LAW, AND TO DETERMINE THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

There is minimal fiscal impact by approving this resolution. The proposed affordable housing agreement contains a proposed monitoring fee of $80 per unit per year, and the total fees collected of $880 per year will be utilized to cover staff costs in ensuring annual compliance of the affordable housing project. However, if the housing project receives State agency subsidies with an agreement, new State law transfers responsibility for monitoring costs to the State.

Summary:

Friendship Shelter, Inc. requests approval of an affordable housing project (Project), which includes zoning concessions and waivers pursuant to the State’s Bonus Density Law, and to enter into an Affordable Housing Agreement (AHA) with the City to rehabilitate and operate an affordable housing project for long term affordable housing within the Affordable Housing Overlay on a property located at 2435 South El Camino Real. A map of the property is provided in Figure 1, below.

Figure 1
1113
Meeting Date: November 19, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
The AHA (provided as Exhibit A of Attachment 1) will formalize the commitment of Friendship Shelter, Inc. to provide affordable housing units within the building that would be converted from a motel into affordable apartments. The agreement aligns with the City’s strategic goals in the Housing Element to enhance housing affordability and support equitable community growth.

Affordable housing, including supportive and transitional housing, is permitted by right (San Clemente Municipal Code Sections 17.28.340 and 17.56.090), but the Project is required to enter into a legally binding and recorded agreement to ensure that the operational requirements, such as property management and occupancy limitations, continue to be met through the life of the agreement. Plans for the proposed Project are provided as Attachment 3.

Background:

The property, located at 2435 South El Camino Real (APN 060-041-44), is in the Neighborhood Commercial 1.3 zone and falls under the Affordable Housing (AH) Overlay. This overlay permits qualified affordable housing projects by right without the need for a public hearing, provided that they meet the requirements outlined in Zoning Code Section 17.56.090.

The AH Overlay requires projects to meet the development standards that apply to a Residential Medium zoning district. However, California Density Bonus Law (Government Code § 65915) requires cities to provide zoning concessions and waivers to developers who include qualifying affordable housing in their projects. The law stipulates that local governments must process applications for projects seeking a density bonus using a ministerial review process.

For this Project, three zoning concessions/waivers are requested under the State Density Bonus Law, which include the following:

1. Increased Density: The Project seeks to increase the density to 11 units, including one manager’s unit, exceeding the permitted eight units based on current zoning limits.

2. Reduced Front Setback: A request to reduce the front setback from the required 15 feet to 2 feet. This setback represents no change to the current building on site; no additions to the existing building are proposed.

3. Reduced Rear Yard Setback: A request to reduce the rear yard setback from the required 5 feet to 2 feet. This setback represents no change to the current building on site; no additions to the existing building are proposed.

As mandated by Zoning Code Section 17.56.090.F, a legally binding agreement must be executed between the applicant and the City to ensure compliance with project requirements. The agreement must be recorded to the property and remain binding for a term of at least 30 years, ensuring that a minimum of 11 residential units are occupied or available for occupancy by qualifying households at affordable rents.

To meet the criteria for affordable housing, at least 51% of the units (six out of the 12) will be reserved for very-low income households earning no more than 50% of the Orange County Median Income. Additionally, the property cannot operate as an emergency shelter under the terms of the agreement.

To facilitate monitoring and compliance, an annual fee of $80 per income-restricted unit will be collected, with an annual increase of 3%. However, new State law (Government Code Section 1114
Meeting Date: November 19, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 3
65915.3), effective January 1, 2025, removes the City’s ability to collect a monitoring fee if the housing project receives subsidies from a State agency with a required agreement. In such an event, the State would have responsibility to monitor the housing project for compliance with State Density Bonus Law and agreements.

As City Council considers its action on this Project, it should be mindful of state housing laws.

Supportive housing projects are defined as “housing development projects” for purposes of the Housing Accountability Act (Gov. Code Sec. 65589.5) and are eligible for special protections. As a supportive housing project with more than 20% of its units reserved for lower income households, the City may only deny the project or condition it in a manner that would make the project infeasible based on very limited factors. Specifically, the City would need to make written findings that the Project would result in a specific, adverse impact to public health and safety based on a conflict with a written, objective health or safety standard.

Further, the State Density Bonus Law (Gov. Code Sec. 65915) entitles applicants to bonus units in exchange for the provision of on-site affordable housing; there is no legal basis to deny bonus units if a project provides sufficient affordable housing to qualify for a bonus. A project is entitled to a 50% density bonus for providing 15% of its base density as affordable units to very-low income households. Here, the Project exceeds the base density by only 37.5%, well within the density permitted on the site based on the affordability contribution. Moreover, the City is obligated to waive any development standards that conflict with the permitted density unless doing so would: result in a specific, adverse impact to health and safety that cannot be mitigated without denial of the waiver; violate state or federal law; or result in an adverse impact to a property that is listed in the California Register of Historical Resources.

City staff have reviewed the Project and have not identified a basis to support findings for Project denial or for denial of the requested benefits pursuant to the State Density Bonus Law.

Moreover, City staff have thoroughly reviewed the proposed affordable housing agreement and believe that it will benefit the community by providing long-term supportive housing for individuals at risk of homelessness.

Council Options:
 Approve the proposed Resolution No. 24-177, Attachment 1, approving the Project, the requested zoning concessions and waivers, and Affordable Housing Agreement provided as Exhibit A of the Resolution.
 Direct staff to make changes to the resolution and/or agreement.  Continue the item for further discussion or modifications.

Environmental Review/Analysis:

The affordable housing project and associated agreement are exempt from the California Environmental Quality Act (CEQA) by California Public Resources Code (PRC) Section 21080.50 that applies to conversion of motels into supportive housing. 1115
Meeting Date: November 19, 2024 Agenda Item: 11E.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends the City Council Adopt Resolution No. 24-177, which would:

1. Determine that the affordable housing project and agreement are exempt from CEQA under California Public Resources Code (PRC) Section 21080.50 and direct staff to file a notice of exemption;

2. Approve the Project, including the three concessions/waivers requested under the State Density Bonus Law; and

3. Approve the Affordable Housing Agreement with Friendship Shelter Inc. included as Exhibit A, and authorize the City Manager to execute such Agreement. ..end
Attachment:

1. Resolution No. 24-177
Exhibit A - Affordable Housing Agreement

2. Applicant’s Written Request for Density Bonus Law Concessions/Waivers

3. Project Plans
Notification:

Friendship Shelter, Inc.
1116
ATTACHMENT 1
RESOLUTION NO. 24-177

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AN

AFFORDABLE HOUSING PROJECT, WITH ZONING

CONCESSIONS AND WAIVERS PURSUANT TO STATE

DENSITY BONUS LAW, AND AN AGREEMENT BETWEEN
THE CITY AND FRIENDSHIP SHELTER, INC. TO

REGULATE AND RESTRICT THE OCCUPANCY, RENTS,

OPERATION AND MANAGEMENT OF A PROPERTY FOR

AFFORDABLE HOUSING AND RELATED USES FOR A

QUALIFIED AFFORDABLE RESIDENTIAL RENTAL

HOUSING DEVELOPMENT WITHIN THE AFFORDABLE
HOUSING OVERLAY ON A SITE LOCATED AT 2435
SOUTH EL CAMINO REAL (APN 060-031-44), AND

FINDING THE PROJECT EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the provision of affordable housing is a contribution to an unmet housing need, making progress toward housing goals contained in the City’s Housing Element, adopted by the City on September 20, 2022 and certified by the State Department of Housing and Community Development on October 12, 2022; and WHEREAS, the City provides a process to engage in negotiations with property owners to enter into affordable housing agreements for the establishment and operation of qualified affordable residential housing that fulfill goals of the City’s Housing Element and requirements of State law; and
WHEREAS, the Friendship Shelter Inc., owner of property at 2435 South El Camino Real (APN 060-041-44) (“Property”), desires to convert a motel into long term supportive affordable housing (“Project”) within the Affordable Housing (“AH”) Overlay District in the City of San Clemente; and
WHEREAS, affordable housing projects are a permitted use in the AH Overlay if the requirements of San Clemente Municipal Code section 17.56.090 are met; and WHEREAS, California Density Bonus Law (Government Code § 65915) requires cities to provide zoning concessions and waivers to developers who include qualifying affordable housing in their projects, and the property owner has requested such concessions and waivers, in writing, that consist of an increase in the density of the development to 11 affordable units, with one manager’s unit, and reductions of the required setbacks of the development, for the existing structure, to two (2) feet from the front property line and three (3) feet from the rear property line; and WHEREAS, San Clemente Municipal Code (“SCMC”) Section 17.56.090.F 1117
Resolution No. 24-177 Page 2
requires every qualified affordable housing project within the City’s AH Overlay have a legally binding agreement between the applicant and the City executed and recorded against the property on which the qualified affordable housing project is to be constructed prior to issuance of building permits to ensure that the requirements of SCMC Chapter

17.56 are satisfied, which agreement shall be binding on all future owners; and WHEREAS, the purpose of the agreement is to satisfy the requirements of SCMC Section 17.56.090.F and to regulate and restrict the occupancy, rents, operation and management of the affordable housing and related uses; and WHEREAS, State of California housing laws, including Senate Bill 91 (2023) and Assembly Bill 1490 (2023), require ministerial approval for projects that convert motels for use as affordable housing and provide a CEQA exemption for such projects; and WHEREAS, City staff has reviewed the proposed affordable housing agreement and finds it to be beneficial to the City, in that the agreement provides for the operation of a qualified affordable residential rental housing development, and more specifically, longterm supportive housing for individuals at risk of homelessness; and NOW THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

SECTION 1. The above recitals are true and correct and incorporated herein by reference.

SECTION 2. The affordable housing project and associated agreement are exempt from the California Environmental Quality Act (CEQA) by California Public Resources Code (PRC) Section 21080.50 that applies to conversion of motels into supportive housing.

SECTION 3. The affordable housing project, including the request for zoning concessions/waivers consisting of an increase in the density of the development to 11 affordable units, with one managers unit, and reduction of the required setbacks of the development to two (2) feet from the front property line and three (3) feet from the rear property line, is approved, subject to issuance of building permits and execution of an affordable housing agreement.

SECTION 4. The affordable housing agreement with the Friendship Shelter Inc. is approved.

SECTION 5. The City Manager, or the City Manager's designee, is hereby authorized and directed to execute the affordable housing agreement with Friendship Shelter, Inc. in a form substantially similar to that presented to the City Council on November 19, 2024.

SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 1118
Resolution No. 24-177 Page 2
PASSED AND ADOPTED this ___ day of _____________________, ____.

ATTEST:

City Clerk of the City of Mayor of the City of
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-177 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

EXHIBIT A
4875-2472-8798 v1
1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: City Clerk

NO FEE REQUIRED PER GOVT CODE
SECTION 27383
(Space above for Recorder’s use only)
APN: 060-031-44

AFFORDABLE HOUSING REGULATORY AGREEMENT AND

DECLARATION OF RESTRICTIVE COVENANTS
(City of San Clemente)
This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants (the “Agreement”) dated for reference purposes as of ________, 2024, is executed by and between the City of San Clemente, a municipal corporation (“City”) and Friendship Shelter, Inc., a California nonprofit public benefit corporation (the “Owner”).

RECITALS
A. Owner owns fee title to the land described in Exhibit A attached hereto and incorporated herein by this reference (the “Property”).

B. The Property is located in the Affordable Housing (“AH”) Overlay District in the City of San Clemente in Orange County, California.

C. Owner desires to develop the Property for the purpose of rehabilitating and operating a qualified affordable residential rental housing development, and more specifically, long-term supportive housing for individuals experiencing literal homelessness or at risk of homelessness, thereon (the “Project”).

D. Affordable housing projects are a permitted use in the AH Overlay if the requirements of San Clemente Municipal Code (“SCMC”) section 17.56.090 are met.

E. SCMC section 17.56.090.F requires every qualified affordable housing project within the City’s AH Overlay have a legally binding agreement between the applicant and the City executed and recorded against the property on which the qualified affordable housing project is to be constructed prior to issuance of building permits to ensure that the requirements of SCMC Chapter 17.56 are satisfied, which agreement shall be binding on all future owners and successors in interest.
1120
4875-2472-8798 v1
2 F. The purpose of this Agreement is to satisfy the requirements of SCMC section

17.56.090.F and to regulate and restrict the occupancy, rents, operation and management of the Property and the Project for affordable housing and related uses. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Owner and Owner’s successors and assigns in the Project and the Property for the full term of this Agreement.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the City hereby agree as follows:

1. Definitions. The following terms have the meanings set forth in this Section wherever used in this Agreement or attached exhibits.
“Actual Household Size” means the actual number of persons in the applicable household.
“Adjusted for Family Size Appropriate for the Unit” shall be determined consistent with Section 50052.5(h) of the California Health and Safety Code, subject to the application of federal rules and regulations applicable to Project financing sources, including Section 42(g)(2) of the Internal Revenue Code of 1986 as amended (or successor provision) if applicable to the Project.
“Affordable Rent” means a monthly rent less a utility allowance and other fees and charges required to be paid by tenants of the Project on a non-optional basis: (i) for units that are restricted for rental to households with incomes of not more than thirty percent (30%) of AMI (“30% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of thirty percent (30%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, (ii) for units that are restricted for rental to households with incomes of not more than fifty percent (50%) of AMI (“50% Units”), a monthly rent that does not exceed one-twelfth of thirty percent (30%) of fifty percent (50%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit, and (iii) for units that are restricted for rental to households with incomes of not more than eighty percent (80%) of AMI (“80% Units”), a monthly rent that does not exceed onetwelfth of thirty percent (30%) of eighty percent (80%) of Area Median Income, Adjusted for Family Size Appropriate for the Unit.
“Applicable Requirements” means all applicable California, federal, and City laws, ordinances, statutes, rules, regulations and program requirements, including, but not limited to those of TCAC and HUD.
“Area Median Income” or “AMI” means the median income for Orange County, California, as determined by HUD pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development (“HCD”) in Section 6932 of Title 25 of the California Code of Regulations or successor provision.
“City” means the City of San Clemente, California.
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3 “Effective Date” means the date that this Agreement is recorded in the Official Records. “Emergency Shelter” shall have the same meaning as set forth in SCMC section

17.56.100(F)(1).
“Extremely Low Income Household” means a household whose household Gross Income at initial occupancy does not exceed thirty percent (30%) of the Area Median Income Adjusted for Actual Household Size.
“Gross Income” means the total anticipated annual income of all persons in a household calculated using the methods set forth in TCAC regulations, or if TCAC regulations do not address such matter, the total anticipated annual income of all persons in a household as defined in 24 CFR

5.609.
“HUD” means the U.S. Department of Housing and Urban Development. “Indemnitees” is defined in Section 7.
“Improvements” means renovations to the interior of the building, including the addition of kitchenettes, re-configuration of manager’s unit to create an additional tenant unit and office space, and cosmetic upgrades such as flooring, paint and window coverings. “Long-term” means a period of thirty (30) or more consecutive calendar days of occupancy pursuant to a written agreement.
“Low Income Household” means a household whose household Gross Income at initial occupancy does not exceed eighty percent (80%) of the Area Median Income Adjusted for Actual Household Size.
“Official Records” means the Official Records of the Orange County Clerk-Recorder. “Owner” means Friendship Shelter, Inc., a California nonprofit public benefit corporation and its successors and assigns.
“Project” is defined in Recital C.
“Property” is defined in Recital A
“Qualifying Household” means a household experiencing literal homelessness, or at-risk of homelessness, with an active tenant-based housing Voucher, as the term “Voucher” is defined herein, or that qualifies as an Extremely Low Income Household, a Very Low Income Household or a Low Income Household.
“TCAC” means the California Tax Credit Allocation Committee. “Term” is defined in Section 4.
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4 “Very Low Income Household” means a household whose household Gross Income at initial occupancy does not exceed fifty percent (50%) of the Area Median Income Adjusted for Actual Household Size.
“Voucher” means tenant-based rental/housing assistance provided through a public housing authority, based on the determination of the housing authority that the individual or family qualifies under an applicable County-provided program’s eligibility category, which must include household income thresholds that meet, or are more restrictive than, those contained in the definitions of Extremely Low Income Household, Very Low Income Household, or Low Income Household, as those terms are defined herein. Upon termination of available housing authority voucher programs, this definition shall include State of California voucher programs that contain similar criteria to the public housing authority voucher programs, as described in this definition.

2. Compliance with Requirements and Regulations. Owner shall comply with all Applicable Requirements and all applicable California, federal, and City laws, ordinances, statutes, rules, regulations and program requirements, with the exception of development standards allowed to deviate from City ordinances due to application of waivers or concessions requested and approved pursuant to State Housing Laws, which include, the request to increase density of the development to 11 units, with one manager’s unit, and reduce the required setbacks of the development to two (2) feet from the front property line and three (3) feet from the rear property line, as approved by the City Council through the adoption of Resolution No. ______ on __________, 2024.

3. Use and Affordability Restrictions. Owner agrees that, at all times during the Term of this Agreement, the Property will be used solely for the operation of a multifamily rental housing development in compliance with the Applicable Requirements and this Agreement. Throughout the Term, a minimum of eleven (11) residential units in the Project shall be occupied, or if vacant, available for occupancy, by Qualifying Households at Affordable Rents. Throughout the Term, pursuant to SCMC section 17.56.090(C)(1), a minimum of fifty-one percent (51%) of the housing units in the Project shall be reserved for households earning no greater than fifty percent (50%) of Orange County Median Income by household size. Throughout the Term, Owner agrees that operating an Emergency Shelter on the Property is prohibited.

Notwithstanding any contrary provision of this Agreement, if other Project lenders, Project investors, or regulatory agencies require stricter household income eligibility or affordability requirements than those imposed hereby, the stricter requirements pertaining to rent limitations, income limits, and occupancy requirements applicable shall prevail during such time that such requirements apply to the Project. The occupancy of each unit in the Project shall not exceed two persons.

4. Term of Agreement. The Term of this Agreement will commence on the Effective Date and shall continue in effect until the thirtieth (30th) anniversary of the date that rehabilitation of the Project is completed as evidenced by the City Building Inspector’s sign off following the final inspection of the Improvements. If such date cannot be ascertained, the Term shall end on the thirty-second (32nd) anniversary of the Effective Date. 1123
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5 5. Tenant Selection. Owner shall adopt written tenant selection policies that: (a) are reasonably related to program eligibility and the applicant’s ability to perform the obligations of the lease; (b) are consistent with the purpose of providing housing for Qualifying Households; and (c) provide for prompt written notification to any rejected applicant of the grounds for rejection. To the extent permitted by Applicable law, Owner shall give a preference in the rental of the residential units restricted under this Agreement to applicants who are 1) confirmed to have resided in San Clemente for the previous twelve (12) months and 2) residing in South Orange County.

6. Long-term Supportive Housing For Individuals Experiencing Homelessness. Owner has elected to operate the Project as long-term supportive housing for individuals experiencing homelessness (or at risk of homelessness) who are holding a housing Voucher. Given this criteria and the current methods used to grant Vouchers as a part of homelessness response, Owner anticipates that many tenants will have disabling conditions. And as such, to the extent applicable, the Project will be operated at all times in accordance with (a) the Unruh Act, including without limitation California Civil Code Sections 51.2, 51.3, and 51.4; (b) the federal Fair Housing Act, 42 U.S.C. Section 3607(b) and 24 CFR 100.304; (c) the California Fair Employment and Housing Act, Government Code Section 12900 et seq., and (d) all other applicable laws and regulations. Owner shall develop and implement appropriate verification procedures to ensure compliance with this Section 6, and shall provide City with a copy of such verification procedures. Owner shall enter into a written agreement with Qualifying Households that provides for a tenancy or occupancy of a minimum of thirty (30) consecutive calendar days and that does not limit the maximum tenancy or occupancy to a period of six (6) months or fewer.

7. Indemnification. To the greatest extent permitted by law, Owner shall indemnify, defend (with counsel approved by City) and hold the City and its elected and appointed officers, officials, employees, agents, consultants, contractors and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising from or related to the Project, any Project approval (including but not limited to any environmental determination), this Agreement, or Owner’s or Owner’s employees’, agents’, contractors’, subcontractors’ or volunteers’ failure to comply with applicable legal requirements or this Agreement. This indemnity obligation shall not extend to any Claims arising solely from the gross negligence or willful acts of the Indemnitees. The indemnity provisions of this paragraph shall apply whether or not any insurance policies have been determined to be applicable to any such Claims, and shall survive the expiration or other termination of this Agreement.

8. Fair Housing; Nondiscrimination. Owner shall comply with all applicable fair housing and civil rights requirements with respect to the marketing, rental, and operation of the Project, including the obligations to affirmatively further fair housing and adhere to the site selection and neighborhood standards set forth in 24 CFR §§ 1.4(b)(3) and 941.202, as applicable. Owner shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of 1124
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6 the Property, the Project, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, disability, marital status, ancestry, or national origin of any person. Owner covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Owner or any person claiming under or through Owner establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof.

Owner shall include such provision in all deeds, leases, contracts and other instruments executed by Owner, and shall enforce the same diligently and in good faith. Owner shall include a statement in all advertisements, notices and signs for the availability of units for rent to the effect that Owner is an Equal Housing Opportunity Provider.

9. Federal Accessibility Requirements. Owner shall comply with all applicable federal accessibility requirements under the Fair Housing Act and the implementing regulations at 24 CFR Part 100, Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR Part 8, and Titles II and III of the Americans with Disabilities Act and the implementing regulations at 28 CFR Parts 35 and 36, respectively.

10. Income Certification. Owner or Owner’s authorized agent shall obtain from each household prior to initial occupancy of each restricted unit, and on every anniversary thereafter, a written certificate containing all of the following in such format and with such supporting documentation as City may require:
(a) The identity of each household member; and
(b) The total household gross income.

Owner shall retain such certificates for not less than five (5) years, and upon City’s request, shall provide copies of such certificates to City and make the originals available for City inspection.

11. Rental Charges. Total charges for rent, utilities and related services for each unit in the Project shall not exceed the Affordable Rent for the unit. If upon recertification, a tenant’s income exceeds the Qualifying Household limit for the applicable unit type, Owner may increase the rent for such tenants to no more than 30% of the tenant’s monthly income less utility and other mandatory charges.

12. Parking. The parking requirements for the Project includes 12 standard parking spaces and 1 accessible space, for a total of 13 parking spaces.

13. Management Responsibilities. Owner is responsible for all management functions with respect to the Project, including, without limitation, the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. Property management shall also monitor the use of parking spaces within the 1125
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7 development to assure that the parking spaces are provided, maintained and used in accordance with the terms of this Agreement. The City shall have no responsibility over management of the Property or the Project.

14. Review of Management Policies and Marketing Plan and Resident Services Plan. If not previously provided, not later than ninety (90) days following commencement of rehabilitation of the Improvements, Owner shall submit for City review and approval, a plan for marketing and managing the Property (“Marketing and Management Plan”). The Marketing and Management Plan shall address in detail how Owner plans to market the Project to prospective Qualified Households in accordance with fair housing laws and this Agreement, Owner’s tenant selection criteria, how Owner plans to certify the eligibility of Qualifying Households, and the social services to be provided to residents of the Project. The Plan shall also describe the management team and shall address how Owner and the management entity plan to manage and maintain the Property and the Project, and shall identify the social services provider. The Plan shall include the proposed management agreement, social services agreement, and the form of rental agreement that Owner proposes to enter into with Project tenants. The Plan shall also address how Owner and the management entity will monitor the use of parking spaces within the Project to assure that the parking spaces are provided, maintained and used in accordance with the terms of this Agreement. Owner shall abide by the terms of the Marketing and Management Plan in marketing, managing, and maintaining the Property and the Project, and throughout the term of this Agreement, shall submit proposed modifications to City for review and approval, such approval not to be unreasonably withheld, conditioned or delayed.

15. Repair, Maintenance and Security. Throughout the term of this Agreement, Owner shall at its own expense, maintain the Property and the Project in good physical condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all applicable state, federal, and local laws, ordinances, codes, and regulations. Without limiting the foregoing, Owner agrees to maintain the Project and the Property (including without limitation, the residential units, common areas, meeting rooms, landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances/bicycles, and illegal activity, and shall take all reasonable steps to prevent the same from occurring on the Property or at the Project. Owner shall prevent and/or rectify any physical deterioration of the Property and the Project and shall make all repairs, renewals and replacements necessary to keep the Property and the improvements located thereon in good condition and repair. Owner shall provide adequate security measures for the Project, including without limitation, the installation of adequate lighting and deadbolt locks.

16. City’s Right to Perform Maintenance. In the event that Owner breaches any of the covenants contained in Section 15, and such default continues for a period of ten (10) days after written notice from City (with respect to graffiti, debris, and waste material) or thirty (30) days after written notice from City (with respect to landscaping, building improvements and general maintenance), then City, in addition to any other remedy it may have under this Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and the landscaped areas on the Property. All costs expended by City in connection with the foregoing, 1126
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8 shall constitute an indebtedness secured by the Deed of Trust, and Owner shall pay such sums to City upon demand. All such sums remaining unpaid thirty (30) days following delivery of City’s invoice therefor will bear interest at the lesser of 10% per annum or the highest rate permitted by applicable law.

17. Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all fees, assessments, taxes, charges, liens and levies applicable to the Property or the Project, including without limitation possessory interest taxes, if applicable, imposed by any public entity, and shall pay such charges prior to delinquency. Owner shall not be required to pay any such charge so long as (a) Owner is contesting such charge in good faith and by appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities, and (c) on final determination of the proceeding or contest, Owner immediately pays or discharges any decision or judgment rendered against it, together with all costs, charges and interest. The foregoing is not intended to impair Owner’s ability to apply for any applicable exemption from property taxes or other assessments and fees.

18. Insurance Coverage. Throughout the Term, Owner shall comply with the insurance requirements set forth in Exhibit B to this Agreement, which is incorporated fully herein by this reference, and shall, at Owner’s expense, maintain in full force and effect insurance coverage as specified in Exhibit B.

19. Inspection and Records. Owner shall maintain records that clearly document Owner's performance of its obligations to operate the Property and the Project in accordance with this Agreement. Owner shall submit any records to the City within ten (10) business days of the City's request. Owner shall permit the City to enter and inspect the Property and the Project for compliance with obligations under this Agreement upon seventy-two (72) hours advance notice delivered to Owner or Owner's management agent and to the tenants of any residential units that will be inspected.

20. Annual Report. By not later than April 30 of each year, Owner shall submit to the City a report for the preceding calendar year showing the information necessary to allow the City to determine Owner's compliance with this Agreement, and within thirty (30) days after receipt of a written request, Owner shall provide any other information or completed forms requested by the City in order to comply with the reporting requirements of the City. Without limiting the generality of the foregoing, the annual report submitted by Owner pursuant to this Section shall at a minimum, include the following information for each dwelling unit in the Project: (i) unit number; (ii) number of bedrooms; (iii) current rent and other charges; (iv) dates of any vacancies during the previous year; (v) number of people residing in the unit; (vi) total household income of the residents in each unit; (vii) documentation of source of household income; (viii) lease commencement and termination dates, (ix) initial move-in date, and (x) the identity of each household member and the age of each household member or other basis upon which each household member qualifies for occupancy in permanent supportive housing.

21. Monitoring Fee. Following completion of construction of the Project, as evidenced by City’s issuance of a final certificate of occupancy or equivalent, Owner shall be obligated to pay to City an annual fee (the “Affordable Housing Monitoring Fee”) in the amount of $80 per 1127
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9 restricted unit. The Affordable Housing Monitoring Fee is payable annually on the same date that the Annual Report is due pursuant to Section 19 above. City shall have the right to file a lien against the Project if the Affordable Housing Monitoring Fee is not paid when due and remains unpaid thirty (30) days following the date that City provides written notice of the delinquency. The Affordable Housing Monitoring Fee will increase annually by three percent (3%) over the prior year.

22. Recordation; No Subordination. This Agreement shall be recorded in the Official Records of Orange County against the Property. Owner hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent of City, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, deed of trust, or other interest in the Property or the Project. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Project in position superior to this Agreement, upon the request of City, Owner hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 22, and to provide such evidence thereof as City may request.

23. Default and Remedies; Lender Cure Rights. In the event of any breach of any agreement or obligation under this Agreement by Owner, the City shall provide written notice to Owner and Lender of such breach. Owner and Lender shall have an opportunity to cure such breach within thirty (30) days from Owner's and Lender’s receipt of such written notice or such longer period of time as the City determines is necessary to cure the breach if Owner or Lender diligently undertakes to cure such breach. If Owner fails to complete a timely cure of the specified breach, the City may proceed with any remedy provided under the City Documents or allowed by law or in equity to enforce the terms of this Agreement. A cure by the Lender shall be accepted or rejected on the same basis as if made or tendered by Owner. City shall provide a copy of any notice of default hereunder to the Lender, if any, or to such other address provided to the City in writing, concurrently with the provision of such notice to Owner.

24. Effectiveness Succeeds Conveyance of Property and Repayment of Loans. This Agreement will remain effective and fully binding for the full term hereof regardless of (i) any sale, assignment, transfer, or conveyance of the Project or the Property, or any part thereof or interest therein, (ii) any payment, prepayment or extinguishment of the Loan or the Note, if any, or (iii) any reconveyance of the Deed of Trust, if any.

25. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its interest in the Property and the Project to the covenants and restrictions set forth in this Agreement. The City and Owner hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land and shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, transferees, and assigns of Owner and City, regardless of any sale, assignment, conveyance or transfer of the Property, the Project or any part thereof or interest therein. Any successor-ininterest to Owner, including without limitation any purchaser, transferee or lessee of the Property or the Project (other than the tenants of the individual dwelling units within the Project) shall be subject to all of the duties and obligations imposed hereby for the full term of this Agreement. 1128
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10 Each and every contract, deed, ground lease or other instrument affecting or conveying the Property or the Project or any part thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, restrictions, duties and obligations set forth herein, regardless of whether such covenants, restrictions, duties and obligations are set forth in such contract, deed, ground lease or other instrument. Owner agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property and the Project in favor of City.

26. Reconveyance. Upon the termination of this Agreement, the Parties agree to execute and record appropriate instruments to release and discharge this Agreement; provided, however, the execution and recordation of such instruments shall not be necessary or a prerequisite to the termination of this Agreement upon the expiration of the term.

27. Miscellaneous.

27.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of Orange County.

27.2 Governing Law; Venue. This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Orange County, California. Owner waives any rights that it may have under California Code of Civil Procedure §394.

27.3 Attorneys' Fees and Costs. In the event that any legal or administrative action is commenced to interpret or to enforce the terms of this Agreement, the prevailing party in any such action shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action.

27.4 Consents and Approvals. Any consent or approval of the City required under this Agreement may be provided by the City Manager of the City or his or her designee unless the City Manager determines that the matter requires approval by the City Council.

27.5 Notices. Notices delivered pursuant to this Agreement shall be delivered by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, to the principal offices of Owner and the City as follows:

CITY:

OWNER:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: City Manager
Friendship Shelter, Inc.
24361 El Toro Road, Suite 215
Laguna Woods, CA 92637
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11 Attn: Chief Executive Officer

27.6 Relationship of the Parties. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of Owner and City shall not be construed as a joint venture, equity venture, partnership or any other relationship. City neither undertakes nor assumes any responsibility or duty to Owner (except as expressly provided in this Agreement) or to any third party with respect to the Project. Owner shall have no authority to act as an agent of City or to bind City to any obligation.

27.7 No Third Party Beneficiaries. There are no third party beneficiaries under this Agreement.

27.8 Assignment of Enforcement Rights. The City may, but is not required to, assign any or all of its enforcement rights under this Agreement.

27.9 Waiver. Any waiver by the City of any obligation in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Owner or to pursue any remedy allowed under this Agreement, the City Documents, or applicable law. Any extension of time granted to Owner to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Owner shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.

27.10 Further Assurances. The Parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement.

27.11 Severability. Every provision of this Agreement is intended to be severable. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

27.12 Headings; Construction; Statutory References. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of San Clemente shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.

27.13 Entire Agreement; Exhibits. This Agreement, together with the other City Documents contains the entire agreement of Parties with respect to the subject matter hereof, and 1130
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12 supersedes all prior oral or written agreements between the Parties with respect thereto.

27.14 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

27.15 Signatories. Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement.

SIGNATURES ON FOLLOWING PAGE.
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Affordable Housing Regulatory Agreement 13
IN WITNESS WHEREOF, City and Owner have caused this Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants to be executed by their duly authorized representatives as of the date first written above.

CITY:

CITY OF SAN CLEMENTE, a municipal corporation
By: __________________________________
Andy Hall, City Manager
Approved as to form:
_____________________________________
Elizabeth A. Mitchell, City Attorney
Attest:
_____________________________________
City Clerk
OWNER:

Friendship Shelter, Inc., a California limited partnership By: __________________________________
Dawn Price, CEO
By: __________________________________
Tom Salinger, Secretary
SIGNATURES MUST BE NOTARIZED.
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of __________________)
On_____________ before me, __________________, Notary Public, personally appeared, ______, who proved to me the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her their authorized capacity(ies), and that by his/her/their signature (s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature_____________________________
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Exhibit A

LEGAL DESCRIPTION
The property address is 2435 South El Camino, San Clemente, CA, located in Orange County, CA.

APN#060-031-44
LOTS 188, 189 AND 190 OF TRACT NO. 938, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 29 PAGES 22-25

INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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Exhibit B

INSURANCE REQUIREMENTS
Throughout the term of this Agreement, Owner shall obtain and maintain the following policies of insurance and shall comply with all provisions set forth in this Exhibit. (a) Commercial General Liability. Owner (and until issuance of the final certificate of occupancy or equivalent for the Project, all contractors and subcontractors working on behalf of Owner on the Project) shall keep in full force and effect a commercial general liability policy including coverage for bodily injury, property damage, products, completed operations and contractual liability coverage with coverage limits in an amount equal to the greater of: (a) the amounts required by the construction and permanent lenders for the Project, or (b) Two Million Dollars ($2,000,000) each occurrence, Four Million Dollars ($4,000,000) annual aggregate, together with Ten Million Dollars ($10,000,000) excess liability coverage or such other policy limits as City may require in its reasonable discretion; provided however, the coverage requirements for subcontractors shall be Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) annual aggregate. Defense costs shall be paid in addition to the limits. Such policy or policies shall be written on an occurrence basis that affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001 and shall name the Indemnitees as additional insureds. The coverage requirements set forth in this paragraph shall apply to any Owner Controlled Insurance Program (“OCIP”) used by Owner, and shall apply to any exclusions from any such OCIP (e.g., for off-site fabrication). 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. Owner (and until issuance of the final certificate of occupancy or equivalent for the Project, all contractors and subcontractors working on behalf of Owner on the Project) shall maintain a comprehensive automobile liability coverage in the amount of Two Million Dollars ($2,000,000), combined single limit including coverage for owned, hired, and nonowned vehicles with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent. Automobile liability policies shall name the Indemnitees as additional insureds.
(c) Worker’s Compensation; Employer’s Liability. Owner shall furnish to City evidence satisfactory to City that Owner (if it has any employees) and any contractor or subcontractor with whom Owner or the general contractor has contracted for the performance of work on the Property or otherwise pursuant to this Agreement, carries statutory Workers’ Compensation insurance and Employer’s Liability insurance in a minimum amount of One Million Dollars ($1,000,000) per accident.
(d) Builder’s Risk. Upon commencement of construction work and continuing until issuance of the final certificate of occupancy or equivalent for the Project, Owner and all contractors working on behalf of Owner shall maintain a policy of builder's all-risk insurance in an amount not less than the full insurable cost of the Project on a replacement cost basis with a lender’s loss payable endorsement for the benefit of City.
(e) Professional Liability/Errors and Omissions. Owner shall require the Project architect, engineer, and general contractor to maintain Professional Liability/Errors and Omissions (“E&O”) insurance with limits not less than Two Million Dollars ($2,000,000) each claim. The City’s Risk Manager may approve lower limits for professionals that will provide a limited scope of services for the Project. Certificates evidencing this coverage must reference both the Owner 1136
4875-2472-8798 v1
and the Indemnitees. 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 the professional liability/errors and omissions insurance is written on a claims made form: (i) the retroactive date must be shown and must be before the Effective Date, (ii) insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of Project construction, and (iii) if coverage is cancelled or non-renewed and not replaced with another claims made policy form with a retroactive date prior to the Effective Date, Owner must purchase, or require the provision of, extended period coverage for a minimum of three (3) years after completion of construction.
(f) Pollution Legal Liability. Owner shall require the general contractor to carry pollution liability insurance to provide third-party coverage for bodily injury, property damage, cleanup, and related defense costs, with limits not less than One Million ($1,000,000) per occurrence or claim and Two Million ($2,000,000) policy aggregate. If the policy provides coverage on a claims-made basis, the retroactive date must be shown and must be before the Effective Date. (g) Property. Owner shall maintain property insurance covering all risks of loss (including earthquake and flood (if required)) for 100% of the replacement value of the Project with deductible, if any, in an amount acceptable to City, with a lender’s loss payable endorsement for the benefit of City.
(h) Insurance Providers. Companies writing the insurance required hereunder shall be licensed to do business in the State of California. Insurance shall be placed with insurers with a current A.M. Best's rating of no less than A:VII.
(i) Evidence of Insurance; Endorsements; Policies. Prior to the Effective Date of this Agreement, Owner shall furnish City with certificates of insurance in form acceptable to City evidencing the required insurance coverage required under paragraphs (a) through (f) above, duly executed endorsements evidencing the Indemnitees status as lender’s loss payable / additional insured (except for E&O and Workers’ Compensation policies), and all other endorsements and coverage required hereunder pertaining to such coverage. Prior to City’s issuance of a final certificate of occupancy or equivalent for the Project, Owner shall furnish City with certificates of insurance in form acceptable to City evidencing the insurance coverage required under paragraph (g) above with a duly executed endorsement evidencing City’s status as lender’s loss payable.

All insurance certificates shall contain a statement of obligation on the part of the carrier to notify City of any material adverse change, cancellation, termination or non-renewal of the coverage at least thirty (30) days in advance of the effective date of any such material adverse change, cancellation, termination or non-renewal. Upon City’s request, Owner shall, within thirty (30) days of the request, provide or arrange for the insurer to provide to City, complete certified copies of all insurance policies required under this Agreement. City’s failure to make such request shall not constitute a waiver of the right to require delivery of the policies in the future.
(j) Additional Insured Endorsements. The additional insured endorsements for the general liability coverage shall use Insurance Services Office (ISO) Form No. CG 20 09 11 85 or CG 20 10 11 85, or equivalent, including (if used together) CG 2010 10 01 and CG 2037 10 01; but shall not use the following forms: CG 20 10 10 93 or 03 94. (k) Reinstatement. If any insurance policy or coverage required hereunder is canceled or reduced, Owner shall, within five (5) days after receipt of notice of such cancellation or 1137
4875-2472-8798 v1
reduction in coverage, but in no event later than the effective date of cancellation or reduction, file with City a certificate showing that the required insurance has been reinstated or provided through another insurance company or companies. Upon failure to so file such certificate, City may, without further notice and at its option, procure such insurance coverage at Owner’s expense, and Owner shall promptly reimburse City for such expense upon receipt of billing from City. Owner shall require all persons and entities that are required to provide professional liability/E&O coverage pursuant to paragraph (e) above to use best efforts to reinstate the required coverage limits in the event coverage under such policies is reduced. (l) Primary Coverage; Waiver of Subrogation; Annual Aggregate Limits. All coverage shall be primary insurance and shall not be contributing with any insurance, or self-insurance maintained by City, and the policies shall so provide. Each insurance policy shall contain a waiver of subrogation for the benefit of the City. Owner agrees to waive subrogation rights for commercial general liability, automobile liability, and worker’s compensation against Indemnitees regardless of the applicability of insurance proceeds, and agrees to require all contractors and subcontractors to do likewise. With the exception of E&O policies, if any of the required insurance is provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs are included in such annual aggregate limit, such annual aggregate limit shall be three times the applicable occurrence limits specified above.
(m) Deductibles/Retentions. Any deductibles or self-insured retentions shall be declared to, and shall be subject to approval by the City’s Risk Manager. At the option of and upon request by the City’s Risk Manager if the Risk Manager determines that such deductibles or retentions are unreasonably high, either the insurer shall reduce or eliminate such deductibles or selfinsurance retentions as respects the Indemnitees or Owner shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

(n) Adjustments. The limits of the liability coverage and, if necessary, the terms and conditions of insurance, shall be reasonably adjusted from time to time (not less than every five (5) years after the Effective Date nor more than once in every three (3) year period following completion of Project construction) to address changes in circumstances, including, but not limited to, changes in inflation and the litigation climate in California, provided that such adjustments are consistent with generally prevailing requirements for residential multi-family developments similar to the Project and located in the Orange County area. Within thirty (30) days following City’s delivery of written notice of any such adjustments, Owner shall provide City with amended or new insurance certificates and endorsements evidencing compliance with such adjustments.
(o) Additional Insured Coverage; Liability Limits. For all liability insurance required by this Agreement, except E&O and Workers’ Compensation policies, Owner (and Owner’s contractors, as applicable) shall obtain endorsements that name the Indemnitees as additional insured in the full amount of all applicable policies, notwithstanding any lesser minimum limits specified in this Agreement. This Agreement requires Owner (and Owner’s contractors) to obtain and provide for the benefit of the Indemnitees, additional insured coverage in the same amount of insurance carried by Owner (or Owner’s contractors, as applicable), but in no event less than the minimum amounts specified in this Agreement. In the event that Owner (or Owner’s contractors as applicable) obtains insurance policies that provide liability coverage in excess of the amounts specified in this Agreement, the actual limits provided by such policies shall be deemed to be the amounts required under this Agreement. Without limiting the foregoing, the limits of liability 1138
4875-2472-8798 v1
coverage specified in this Agreement are not intended, nor shall they operate, to limit City’s ability to recover amounts in excess of the minimum amounts specified in this Agreement. 1139

MARSHALL
ININNS
DESIGN
GROUP

PROFESSIONAL ARCHITECTURAL CORPORATJO
City of San Clemente
Community Development Director
Adam Atamian
910 Calle Negocio
San Clemente.CA 92673
May 15, 2024
Project:

Dear Adam,
The La Vista Inn Remodel to
La Vista Low Income Apartments
2435 South El Camino Real
San Clemente, California 92672
Re: Request for density bonus consistent with Government Code Section 65915 for the proposed La Vista Inn/Apartment Renovation (change of use) project.

On behalf of Friendship Shelter, LLC ("Applicant"), this letter serves as a request for a density bonus, waivers, and concessions, and application of reduced parking, setbacks and density standards consistent with State Density Bonus Law (Gov. Code§ 65915) for the proposed conversion from a one story 11-unit hotel to 100% affordable housing ("Project") located at 2435 South El Camino Real (APN 060-031-44) ("Property") in the City of San Clemente ("City").

All the Project's 11 units (other than the management office) would be restricted to Very Low or Extremely Low-Income households (the "Affordable Units") based on the United States Department of Housing and Urban Development Income Limits published annually by the Orange County Housing Authority for administration of rental assistance*. The Property is located within 100 feet of at least one OCTA bus stop. The Affordable Units and the Project location therefore qualify the Project for an eighty percent (80%) density bonus and four concessions. In addition, State Density Bonus Law provides that the Project does not need to provide parking for its residential units, inclusive of visitor parking. (Gov. Code§ 65915(p}(3}(A).)
Government Code Section 65915(e)(1)- Requested Density Bonus. Project qualifies for Four incentives or concessions for a project with at least 80 percent of the total units for lower income households and no more than 20 percent of the total units for moderate income households.

Request for Density Bonus
Government Code section 65915 sets forth an eighty percent (80%) density bonus. (Gov't Code§ 65915(f}(3}(D)(i).) The Project site is 14,745 SF and its Neighborhood Commercial 1.3 zoning district 410 BROADWAY STREET, SUITE 210 • LAG A BEACH, CALIFORNIA 92651 • 949-376-1794 ATTACHMENT 2
1140

MARSHALL
ININNS
DESIGN
GROUP
permits 1-unit for 1,800 SF of land. Zoning Code 17.56.090 provides standards for the Affordable Housing Overlay District. Thus, the allowed base project would be 8.19 units.

Because we anticipate that 100% of tenants in the project will qualify as Very Low or Extremely Low Income, we believe the Project qualifies for a density bonus to accommodate a total of up to 11 residential units. The revenue generated by the additional units will subsidize the Project's operating costs. Moreover, we anticipate all these units being leased to single adults, so the actual density, from a per-resident perspective, would be lower than 8 residential units that might include multi-family occupancy.

Concession #1 & Concession #2
General Requirements. Table 17.32.040, Residential Zone Development Standards, lists the site development standards required for residential development projects. The Housing Overlay Zone requires the project to follow the Residential Zone Development Standards RM. The RM zone requires the following setbacks:

Front Setback-15 feet.

Side Setback-5 feet each side.

Rear Setback-5 feet.

The requested concession for building setbacks is for the following existing building setbacks:

Front Setback-2 feet {Concession #1)
Side Setback-5 feet each side.

Rear Setback-3 feet (Concession #2)
The Applicant has requested two concessions currently and reserves the right to ask for two additional concessions if it becomes necessary as the approval process moves forward. Please feel free to call me if you have any questions. We look forward to working with you to complete the project adding 11 units of low-income apartments in the City of San Clemente.

Marshall lninns
Architect
*For reference, Orange County HUD guidelines for affordable housing assistance may be found here:
https://ochousing.org/sites/ocha/files/2023-05/2023%20HUD%201ncome%20Limits.pdf 410 BROADWAY STREET, SUITE 210 • LAGUNA BEACH, CALIFORNIA 92651 • 949-376-1794 1141 "55"$).&/5
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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: November 19, 2024 Agenda Item: 11F.

Submitted By: Finance and Administrative Services
Prepared By: Jake Rahn, Financial Manager
Subject:
..titl e
COMMUNITY FACILITIES DISTRICT NO. 2006-01 (MARBLEHEAD COASTAL) LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT REPORT (SB 165) FOR FISCAL YEAR ENDED JUNE 30, 2024 ..body
Fiscal Impact:

There are no cost or financial liabilities relating to receiving the annual compliance report.

Summary:

The Local Agency Special Tax and Bond Accountability Act of the Government Code of the State of California (Sections 50075.1 and 53410) requires the Governing Body to receive and file an annual report for Community Financing District (CFD) No. 2006-1 (Marblehead Coastal).

Background:

The Community Facilities District (CFD) No. 2006-01 (Marblehead Coastal) of the City of San Clemente issued 2015 Special Tax Bonds on December 3, 2015.

The Accountability Act was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. Annually, a report is required of the CFD which includes information prepared in compliance with the Local Agency Special Tax and Bond Accountability Act (“Accountability Act”). The report prepared is for June 30, 2024.

In compliance with the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), the annual report (Exhibit 1) contains a description of the following:
(1) The amount of funds collected and expended; and
(2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

Council Options:
 Adopt Resolution No. 24-178, which approves and receives the CFD report.  Modify and adopt Resolution No. 24-178.
 Continue the Item and direct staff to provide additional information. 1149
Meeting Date: November 19, 2024 Agenda Item: 11F.

CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation
..recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-178 Approving and Receiving the City of San Clemente Community Facilities District No. 2006-1 (Marblehead Coastal) Local Agency Special Tax and Bond Accountability Act Report (SB 165) for the fiscal year ended June 30, 2024.
..end
Attachment:

1. Resolution No. 24-178

2. Exhibit 1: Community Facilities District No. 2006-1(Marblehead Coastal) Local Agency Special Tax and Bond Accountability Act Report (SB165) Notification:

Kara Meverden, Koppel & Gruber Public Finance
1150
ATTACHMENT 1
RESOLUTION NO. 24-178

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING AND

RECEIVING THE CITY OF SAN CLEMENTE COMMUNITY
FACILITIES DISTRICT NO. 2006-1 LOCAL AGENCY

SPECIAL TAX AND BOND ACCOUNTABILITY ACT

COMPLIANCE REPORT FOR THE FISCAL YEAR ENDED
JUNE 30, 2024
WHEREAS, the State Law under Government Code Section 50075 and 53410 require and annual report to be prepared by the local agency for levy of a special tax voted on or after January 1, 2001; and
WHEREAS, an annual report for the City of San Clemente Community Facilities District No. 2006-1 (Marblehead Coastal) Local Agency Special Tax and Bond Accountability Act Report (SB 165) for the fiscal year ended June 30, 2024 has been prepared in accordance with State law and is attached as Exhibit 1; and WHEREAS, the annual report has been filed with the governing body.

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

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

Section 2. That the report attached to this resolution as Exhibit 1 has been prepared and filed with the City Council in accordance with State law requirements.

Section 3. That the report attached to this resolution as Exhibit 1 is hereby approved and received.

Section 4. 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. 24-178 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. 24-178 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
Community Facilities District No. 2006-1
(Marblehead Coastal)
Special Tax Accountability Report
(SB 165)
Fiscal Year 2023/2024
Prepared for:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
949-361-8200
Exhibit 1
1153
City of San Clemente
City of San Clemente
Andy Hall, City Manager
Jake Rahn, Financial Services Officer
910 Calle Negocio
San Clemente, CA 92673
T. 949-361-8200
Bond Counsel
Best, Best & Krieger LLP
655 West Broadway, 15th Floor
San Diego, CA 92101-3542
T. 619-525-1300
Fiscal Agent
The Bank of New York Mellon Trust Company, N.A.

Lena Chan, Client Service Manager
333 South Hope Street, Suite 2525
Los Angeles, CA 90071
T. 213-630-6253
Special Tax Administrator
Koppel & Gruber Public Finance
Scott Koppel/Kara Meverden
334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
T. 760-510-0290
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TABLE OF CONTENTS
Section I. Background.................................................................................................................... 1 Section II. Bond Proceeds.............................................................................................................. 2 Section III. City-Held Funds ........................................................................................................... 3 Section IV. Collection of Special Taxes .......................................................................................... 4 Section V. Expenditures to Fund Authorized Facilities.................................................................. 5 Section VI. Authorized Facilities.................................................................................................... 6 1155
______________________________________________________________________________ City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 1 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION I. BACKGROUND
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001.

According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying a special tax and/or issuing a bond measure on or before each January 1, commencing January 1, 2002, and shall contain a description of the following:
(1) The amount of funds collected and expended to fund authorized facilities. (2) The status of any project required or authorized to be funded by the special tax and/or bond measure.

The information contained in this Report has been compiled and is being presented to and in accordance with the requirements outlined in the Accountability Act for Fiscal Year 2023/2024 for the City of San Clemente (“City”) and their Community Facilities District No. 2006-1 (Marblehead Coastal) (“CFD No. 2006-1” or “CFD”).
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______________________________________________________________________________ City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 2 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION II. BOND PROCEEDS
The City issued 2015 Special Tax Bonds (“Bonds”) on December 3, 2015 in the aggregate principal amount of $55,490,000. Proceeds of the Bonds were used to finance the construction of certain facilities within CFD No. 2006-1. The table below summarizes the application of the Bond proceeds:

Fund/Account/Subaccount Bond Proceeds
Improvement Fund $51,600,000.00
Bond Fund1 1,989,713.89
Costs of Issuance Fund 732,809.65
Reserve Fund 4,697,950.96
Administrative Expense Fund 30,000.00
Total2 $59,050,474.50 1 Represents monies used to fund interest on the Bonds through September 1, 2016. 2 Total Bond proceeds deposited include the Original Issue Premium and exclude the Underwriter’s Discount.
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______________________________________________________________________________ City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 3 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION III. CITY-HELD FUNDS
Special taxes collected are held by the City prior to being transferred to the Bond Fund held by the Fiscal Agent. The balance of the CFD No. 2006-1 City-held funds that are not required to fund items pursuant to and as further described in the CFD No. 2006-1 Fiscal Agent Agreement (“FAA”) established in connection with the issuance of the Bonds may be used to fund authorized facilities of the CFD. The following table provides a summary of the sources and uses of the CFD No. 2006- 1 special tax funds held at the City for fiscal year ended June 30, 2024.

Item Balance
Beginning Balance as of July 1, 2023 $2,329,687.19
Sources of Funds:

Special Tax Receipts1 $3,274,114.63
Interest Accrued 38,109.79
Subtotal: Sources of Funds $3,312,224.42
Uses of Funds:

Transfers to Bond Fund2 ($2,643,529.88)
Administrative Expenses (14,751.71)
Subtotal: Uses of Funds ($2,658,281.59)
Ending Balance as of June 30, 2024 $2,983,630.02 1 Includes Special Taxes and any delinquent amounts collected by the County and transferred to the City. Excludes any special taxes that were charged for FY 2023/2024 but not apportioned to the City until after June 30, 2024. 2 Represents funds used for the September 1, 2023 and March 1, 2024 debt service payments. 1158
______________________________________________________________________________ City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 4 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION IV. COLLECTION OF SPECIAL TAXES
The table below provides a summary of the Special Taxes deposited, interest accrued, transfers, and other transactions within the Bond Fund for fiscal year ended June 30, 2024.

Item Balance
Beginning Balance as of July 1, 2023 $788.97
Sources of Funds:

Special Tax Receipts $3,049,667.67
Interest Accrued 13,354.70
Subtotal: Sources of Funds $3,063,022.37
Uses of Funds:

Transfers to Principal and Interest Accounts (Debt Service) ($3,055,600.00) Subtotal: Uses of Funds ($3,055,600.00)
Ending Balance as of June 30, 2024 $8,211.34
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______________________________________________________________________________ City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 5 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION V. EXPENDITURES TO FUND AUTHORIZED

FACILITIES
The FAA established an Improvement Fund of which proceeds from the Bonds shall be deposited and disbursed for the costs of the authorized facilities. The following table shows the initial Bond proceeds deposited, interest accrued, transfers and expenditures made to fund the authorized facilities from Bond inception through June 30, 2024 for the Improvement Fund.

Item Balance
Sources of Funds:

Deposit into the Improvement Fund $51,600,000.00
Interest Accrued 1,156,721.04
Total Sources of Funds $52,756,721.04
Expenditures:

Authorized Facilities ($49,663,929.56)
Total Expenditures ($49,663,929.56)
Ending Balance as of June 30, 2024 $3,092,791.48
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______________________________________________________________________________ City of San Clemente, Community Facilities District No. 2006-1 (Marblehead Coastal) 6 Special Tax Accountability Report (SB 165)
Fiscal Year 2023/2024
SECTION VI. AUTHORIZED FACILITIES
The purpose of CFD No. 2006-1 is to provide for the cost of financing the construction and engineering design of the Facilities (described generally below), the payment of development impact fees and the incidental expenses related to financing, forming and administering CFD No. 2006-1. Descriptions of the Authorized Facilities are as follows:
 Arterial Roadways
o Ave. Vista Hermosa
o Ave. Vista Hermosa Bridge
o Ave. Pico
o El Camino Real
 Local Public Roadways
o Los Molinos & Via Socorro
 Public Parks & Trails
o Sports Park
o Pico Park
o 2 Passive Parks
o Regional Public Trails
o Courtney Sand Castle
o Artificial Turf (Sports Park)
 Storm Drains
o Offsite Drain Line
o Residential Drain Lines
o Water Quality Improvements
 Low-Flow 1st Flush System
o Off-Site System
o Residential System
 Water System
o Offsite 12” Line
o Residential Line with 2 PRS
o Pump Station
 Sewer System
o Offsite 12” Line
o Residential Line
 Fees and Assessment
o Transportation RCFPP (Residential Portion)
o Water Capacity and Connection Fees (Residential Portion) o Sewer Assessment District No. 85-1 Obligation
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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: November 19, 2024 Agenda Item: 11G.

Submitted By: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Dave Rebensdorf, Public Works Director/City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION ADOPTING FISCAL YEAR 2023-2024 MEASURE M2

EXPENDITURE REPORT FOR THE CITY OF SAN CLEMENTE
..body
Fiscal Impact:

This action does not require funding, but the Orange County Transportation Authority (OCTA) could suspend or delay Comprehensive Transportation Funding Programs and M2 Local Fair Share funds to the City if this required expenditure report is not submitted to OCTA.

Summary:

Staff recommends that the City Council approve the Measure M2 Expenditure Report for Fiscal Year 2023-2024. Approval of the attached resolution and submittal of the attached M2 Expenditure Report by December 31, 2024 will ensure that the City is in compliance with the annual expenditure report requirement. OCTA reviewed a draft of the Expenditure Report and had no objections.

Background:

In November 2006, Orange County voters approved a renewal of Measure M, commonly referred to as Measure M2, to extend the half-cent sales tax for local transportation improvements from 2011 to 2041. Measure M2 requires that each jurisdiction adopt and provide to the OCTA an annual expenditure report to account for M2 funds, developer/traffic impact fees and funds expended by the jurisdiction to satisfy maintenance of effort requirements. The report is required within six months of each jurisdiction's fiscal year end.

Council Options:
 Adopt Resolution No. 24-179 approving and authorizing staff to submit the FY 2023-2024 M2 Expenditure Report.
 Modify and adopt Resolution No. 24-179.
 Continue the Item and direct staff to provide additional information. Note: Any continued Item would need to be brought back to City Council and approved prior to December 31, 2024 or the City may lose its eligibility to receive Measure M2 funds.  Deny Resolution No.24-179. This would result in the City losing its eligibility to receive Measure M2 funds.
1162
Meeting Date: November 19, 2024 Agenda Item: 11G.

CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

Approval of the attached Resolution is not a “project’ under the California Environmental Quality Act (CEQA) Guideline Section 15378 (14 CCR 15378). The City’s reporting of M2 expenditures has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If any project continues to move forward, the project will be designed and evaluated under CEQA and presented to Council at a later date for approval.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-179 entitled “A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, TO ADOPT THE FISCAL YEAR 2023-2024 MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF SAN CLEMENTE.”
..end
Attachment:

1. Resolution No. 24-179

2. M2 Expenditure Report FY 2023-2024
Notification:

None.
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Attachment 1
RESOLUTION NO. 24-179

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, TO
ADOPT THE FISCAL YEAR 2023-2024 MEASURE
M2 EXPENDITURE REPORT FOR THE CITY OF
SAN CLEMENTE.

WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and
WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and
WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and
WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.

NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of San Clemente does hereby inform OCTA that:
a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year. b) The M2 Expenditure Report is hereby adopted by the City of San Clemente. c) The City of San Clemente Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2024. 1164
Resolution No. 24-179 Page 2
PASSED AND ADOPTED this _____ day of November 2024.

ATTEST:
____________________________ ____________________________ City Clerk of the City of Mayor of the City of
San Clemente, California San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-179 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of November 2024, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of November 2024, __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
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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: November 19, 2024 Agenda Item: 11H.

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

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

The Recreational Sports Partnerships Policy No. 702-5 (the “Policy”) allows for the City to provide a discounted rental rate to approved organizations. The total subsidy depends on the approved partnership levels of each organization (i.e., Tier I, Tier II, Tier III, Tier IV). Organizations that do not qualify for partnership status are offered up to a 40% discount on field rentals dependent on non-profit status.

Based on each applicant’s prior years usage, the subsidy total for Tier I partnership is estimated at $790,084. The table below outlines the fiscal impact of each organization, including the regular rental rate, the rental fee for the organization if they were not a partner, and the rental fee for the organization at their qualifying partnership status.

Youth Sports Partnership Spring Season Subsidy Overview Regular Rental
(No Discount)
Resident Non-Profit
(40% Discount)
Partner Rate
(90% Discount)
San Clemente
Little League
$633,871 $380,322 $63,387
Subsidy Value - $253,548 $507,483
San Clemente
Girls Softball
$341,001 $188,400 $31,400
Subsidy Value - $125,600 $282,601
Summary:

Based upon the findings and guidelines provided in the Policy (Attachment 2), staff and the Beaches, Parks & Recreation Commission recommend that the City Council grant Tier I Recreational Sports Partnership Status to San Clemente Little League (“SCLL”) and San Clemente Girls Softball (“SCGS”). The following table depicts the total number of participants and the percentage of San Clemente residents for each organization:

Partner Group Participants % of Residents Recommended
Tier
SCLL 791 96% Tier I
SCGS 324 92% Tier I
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Meeting Date: November 19, 2024 Agenda Item: 11H.

CITY OF SAN CLEMENTE 2
Recommendations were determined based on the data provided within each application.

Additional details related to each organization’s application are included in the Background section of this report. Applications were reviewed and recommended for approval by the Beaches, Parks, and Recreation Commission on October 8, 2024.

Background:

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

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

Tier I Tier II Tier III Tier IV
Minimum Participants 300 300 200 100
Minimum (%) Residents 90% 85% 80% 70%
The Recreation Division opened the application period for “Cycle #2” (Spring Sports) partnerships on August 1, 2024. The Division received two applications: (1) San Clemente Girls Softball; and (2) San Clemente Little League. During the application review period, staff focus on the rosters and game schedules submitted by each organization given and verify residency for each player included in the roster. Both organizations qualify for partnership.

San Clemente Little League (SCLL)
SCLL is a current Platinum (Tier I) Partner. SCLL is a nationally recognized non-profit youth baseball organization. During its primary 2023 season, SCLL reported 791 participants with 96% being San Clemente residents (Attachment 3). It is a 100% recreational program. The program is run and maintained exclusively by volunteers. SCLL has a Challenger Baseball League for its players with special needs. SCLL routinely works with the City on field maintenance projects to keep the ball fields in good condition for the players in the league as well as residents of San Clemente.

SCLL uses approximately 5,470 hours of field space per year and is in financial good standing with the City. SCLL meets all conditions outlined in the eligibility criteria to maintain its Tier I Partnership.

San Clemente Girls Softball (SCGS)
SCGS (Attachment 5) is a current Platinum (Tier I) Partner and is a locally recognized non-profit youth softball organization. SCGS is a part of USA Softball and Junior Olympic Fastpitch Softball.

They are a 100% recreational program for all skill levels. The program is exclusively operated by volunteers. During its primary 2023 season, SCGS had approximately 324 players with 92% being San Clemente residents.
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CITY OF SAN CLEMENTE 3
SCGS uses approximately 2,750 hours of field space per year and is in financial good standing with the City, regularly paying its outstanding balances on time. SCGS meets all conditions outlined in the eligibility criteria to maintain its Tier I Partnership.

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

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

Council Options:
 Adopt the resolution, which will grant Tier I partnership status to San Clemente Little League and San Clemente Girls Softball for three years each and authorize the Beaches, Parks & Recreation Director to execute agreements.
 Modify the resolution to change the level of partnership status or the term of agreement for one or more organizations.
 Deny the resolution to grant partnership status for one or more youth sports organizations.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff and the Beaches, Parks & recreation Commission recommend that the City Council adopt Resolution No. 24-180, which will grant Tier I Recreational Sports Partnership Status to San Clemente Little League and San Clemente Girls Softball for a three-year term. ..end
Attachment:

1. Resolution No. 24-180

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

3. San Clemente Little League Recreation Sports Partnership Application (2024)

4. San Clemente Little League Recreation Sports Partnership Agreement - Proposed

5. San Clemente Girls Softball Sports Partnership Application (2024)

6. San Clemente Girls Softball Sports Partnership Agreement - Proposed Notification:

San Clemente Girls Softball
San Clemente Little League
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Attachment 1
RESOLUTION NO. 24-180

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING

RECREATIONAL YOUTH SPORTS PARTNERSHIP STATUS

TO SAN CLEMENTE LITTLE LEAGUE AND SAN CLEMENTE

GIRLS SOFTBALL
WHEREAS, the City of San Clemente recognizes the importance of supporting youth sports programs that contribute to the health, development, and well-being of its residents; and
WHEREAS, the City seeks to provide accommodations including discounted field rental rates and priority use of field space to non-profit organizations focused on providing youth sports to San Clemente residents; and
WHEREAS, San Clemente Little League (“SCLL”) and San Clemente Girls Softball (“SCGS”) have demonstrated a strong commitment to providing quality athletic opportunities for the youth of San Clemente; and
WHEREAS, the two organizations qualified for youth sports partnership based on the requirements outlined in the Recreational Sports Partnership Policy No. 702-5; and WHEREAS, the City desires to formalize partnerships with these organizations to further support their missions and enhance youth sports opportunities within the city.

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

Section 1. The SCLL and SCGS organizations are granted Tier I partnership status for a period of three years. This status includes all rights, privileges, and responsibilities associated with Tier I partnerships as outlined in the Recreation Youth Sports Partnership Policy and its Partnership Agreement.

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

Section 3. The Beaches, Parks & Recreation Director is hereby authorized and directed to execute the partnership agreements with SCLL and SCGS in forms substantially similar to those presented to the City Council on November 19, 204 and to take any actions necessary and proper to implement the purposes of this resolution and formalize the partnerships as outlined herein.

Section 4. The Department shall establish a system for monitoring field utilization for the term of the Agreements. SCLL and SCGS shall supply participant rosters annually to the Department and must continue to meet the minimum requirements of the Partnership tier the organization has been allocated. The Department will provide reporting progress to 1174
Resolution No. 24-180 Page 2
City Beaches, Parks and Recreation Commission on an annual basis.

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

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
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Resolution No. 24-180 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. 24-180 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:

Page 1 of 9 ends

San Clemente City CouncilNovember 19, 2024

San Clemente City Council
November 19, 2024