San Clemente City Council
December 10, 2024

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Cabral
Mayor Pro Tem Enmeier
Councilmember Knoblock
Councilmember Loeffler
Councilmember Wu
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, December 10, 2024
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

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

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

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

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

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

1 City Council Regular Meeting Agenda December 10, 2024

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

CLOSED SESSION (4:30 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Pending litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: Wu v. Bob Page, et al., Orange County Superior Court Case No . 30-2024-01419457-CU-WM-CJC
BUSINESS MEETING (5:30 P.M.)

CALL TO ORDER
INVOCATION - Senior Pastor Holland Davis, Calvary Chapel San Clemente

PLEDGE OF ALLEGIANCE

ROLL CALL

ELECTION RESULTS, ADMINISTRATION OF OATH OF ALLEGIANCE, AND ELECTION

OF MAYOR AND MAYOR PRO TEMPORE
A. RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024
Staff Recommendation
Adopt Resolution No. 24-191 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, RECITING THE FACT OF

THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF SAN
CLEMENTE, CALIFORNIA, ON NOVEMBER 5, 2024, DECLARING THE RESULTS, AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

B. OATH OF ALLEGIANCE - NEWLY-ELECTED COUNCILMEMBERS
Administration of the Oath of Allegiance to Councilmembers-Elect Loeffler and Wu.

C. ELECTION OF MAYOR AND MAYOR PRO TEMPORE
The City Clerk will conduct the election for Mayor. The Mayor will then conduct the election for Mayor Pro Tempore.

2 City Council Regular Meeting Agenda December 10, 2024

1. Special Presentations
A. Presentation of City Tile to Jake Rahn, Finance Manager Presentation of City Tile to Jake Rahn, Finance Manager, in recognition of 20 years of exemplary service to the City of San Clemente.

B. Presentation of Commendation - Cameron Cosgrove
Presentation of Proclamation to Cameron Cosgrove, San Clemente resident, in recognition of his advocacy efforts for coastal issues within San Clemente.

C. Presentation of Commendation - Bring Back Our Beaches Presentation of Proclamation to Bring Back Our Beaches in recognition of their advocacy efforts concerning coastal erosion and sand replenishment.

D. Presentation of Commendation - Save our Beaches San Clemente Presentation of Proclamation to Save Our Beaches San Clemente in recognition of their advocacy efforts concerning sand replenishment and community education.

2. Council Member Reports

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

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

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

7. Staff Communications

3 City Council Regular Meeting Agenda December 10, 2024

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

AGREEMENTS FOR FIVE QUALIFIED HISTORIC PROPERTIES AND

DETERMINING THE AGREEMENTS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Public Hearing to consider five Mills Act agreements between the City and the owner(s) of historic properties, including: Historic Property Preservation Agreement (HPPA) 24-195 for 143 Avenida Granada, HPPA 24-197 for 161 West Marquita, HPPA 24-273 for 304 Avenida Sierra, HPPA 24-390 for 210 West Mariposa, and HPPA 24-468 for 402/404 Pasadena Court and finding each Agreement be found Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15331 (Class 31: Historic Resources Restoration/Rehabilitation), because the project(s) are a preservation effort that is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.

1. Determine each Historic Property Preservation Agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review.

2. Adopt Resolution No. 24-192 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-195 FOR THE PROPERTY LOCATED AT 143 AVENIDA GRANADA AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

3. Approve, and authorize the Mayor to execute, Contract No. C24-80, Historic Property Preservation Agreement, for the property located at 143 Avenida Granada.

4. Adopt Resolution No. 24-193 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-197 FOR THE PROPERTY LOCATED AT 161 WEST MARQUITA AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

5. Approve, and authorize the Mayor to execute, Contract No. C24-81, Historic

4 City Council Regular Meeting Agenda December 10, 2024 Property Preservation Agreement, for the property located at 161 West Marquita.

6. Adopt Resolution No. 24-194 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-273 FOR THE PROPERTY LOCATED AT 304 AVENIDA SIERRA AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

7. Approve, and authorize the Mayor to execute, Contract No. C24-82, Historic Property Preservation Agreement, for the property located at 304 Avenida Sierra.

8. Adopt Resolution No. 24-195 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-390 FOR THE PROPERTY LOCATED AT 210 WEST MARIPOSA AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

9. Approve, and authorize the Mayor to execute, Contract No. C24-83, Historic Property Preservation Agreement, for the property located at 210 West Mariposa.

10.Adopt Resolution No. 24-196 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING HISTORIC PROPERTY PRESERVATION AGREEMENT 24-468 FOR THE PROPERTY LOCATED AT 402 PASADENA COURT AND FINDING THE

PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

11.Approve, and authorize the Mayor to execute, Contract No. C24-84, Historic Property Preservation Agreement, for the property located at 402 Pasadena Court.

5 City Council Regular Meeting Agenda December 10, 2024 8B. ANNUAL AND FIVE-YEAR REPORTS CONCERNING THE MITIGATION FEE ACT
Public Hearing to consider the City of San Clemente’s Annual Report for fiscal year ended June 30, 2024 and Five-Year Report for the period July 1, 2019 through June 30, 2024 concerning Mitigation Fees.

Staff Recommendation
Adopt Resolution No. 24-197 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING, RECEIVING AND FILING THE CITY OF SAN CLEMENTE’S ANNUAL AND FIVE-YEAR REPORTS CONCERNING THE MITIGATION FEE ACT.
8C. CONSIDERATION OF A RESOLUTION TO APPROVE A SUBSTANTIAL AMENDMENT TO THE 2024-2025 ANNUAL ACTION PLAN FOR

EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Public Hearing regarding the Substantial Amendment to the Action Plan for Fiscal Year 2024-2025. This action is taken in compliance with federal regulations [24 CFR 91].

Adopt Resolution No 24-198, which will:

1. Approve and adopt the Substantial Amendment to the 2024-2025 Annual Action Plan acknowledging the new Americans with Disabilities Act (ADA) restroom project at the San Clemente Community Center, which utilizes Community Development Block Grant Funds.

2. Authorize the City Manager to submit the Substantial Amendment to the 2024-2025 Annual Action Plan to the Department of Housing and Urban Development (HUD) and execute related HUD contracts, agreements, forms, and certifications.

9. Unfinished Business
9A. UPDATE ON CAPITAL PROJECTS IDENTIFIED AS PRIORITIES BY

MEMBERS OF THE CITY COUNCIL
Staff Recommendation

1. Provide any necessary direction to the City Manager.

2. Receive and file the Administrative Report dated December 10, 2024, and on file with the City Clerk.

6 City Council Regular Meeting Agenda December 10, 2024

10. New Business
10A. USE OF THE TITLE OF MAYOR ONCE THE TERM HAS ENDED
(Agendized by Councilmember Knoblock, with the support of Councilmember Loeffler and Mayor Cabral at the November 19, 2024 City Council meeting.) Staff Recommendation
Provide additional direction to Staff about the desired City Council action. 10B. INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING SECTION 10.62.020(A)(4) OF THE SAN CLEMENTE MUNICIPAL CODE TO

INCLUDE PASSENGER AGE RESTRICTIONS FOR ELECTRIC BICYCLES

AND OTHER FORMS OF ELECTRIC TRANSPORTATION AND FINDING THE

ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Staff Recommendation
Introduce and conduct the first reading of Ordinance No. 1787 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 10.62.020(A)(4) OF THE SAN

CLEMENTE MUNICIPAL CODE TO INCLUDE PASSENGER TRANSPORT

AGE RESTRICTIONS FOR ELECTRIC BICYCLES AND OTHER FORMS OF

ELECTRIC TRANSPORTATION AND FINDING THE ORDINANCE NOT
SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
10C. CONSIDERATION OF AMENDING PICKLEBALL & TENNIS COURT

OPERATIONS AT SAN GORGONIO PARK AND FINDING THE ACTION

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Agendized by Councilmember Loeffler, with the support of Councilmember Knoblock and Mayor Cabral at the November 19, 2024 City Council meeting.) Staff Recommendation
Discuss the operating hours of the San Gorgonio Park tennis court and pickleball courts and make a determination on the future operational hours.

7 City Council Regular Meeting Agenda December 10, 2024

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

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

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) GOLF COURSE COMMITTEE SPECIAL MEETING MINUTES OF
AUGUST 28, 2024.
(2) GOLF COURSE COMMITTEE SPECIAL MEETING MINUTES OF
SEPTEMBER 26, 2024.
(3) PUBLIC SAFETY COMMITTEE REGULAR MEETING OF OCTOBER 22, 2024.
(4) ZONING ADMINISTRATOR MEETING MINUTES OF NOVEMBER 7, 2024.
(5) DESIGN REVIEW SUBCOMMITTEE REGULAR MEETING MINUTES
OF NOVEMBER 13, 2024.
(6) PLANNING COMMISSION REGULAR MEETING MINUTES OF
NOVEMBER 20, 2024.
(7) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
NOVEMBER 21, 2024.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3145 THROUGH 3150 AND WARRANT NOS.
600823 THROUGH 600970, PAID ON
11-15-24, IN THE AMOUNT OF $3,228,489.14
TOTAL WARRANT REGISTER $3,228,489.14

8 City Council Regular Meeting Agenda December 10, 2024 Payroll Register
WARRANT NO. 958, AND AUTOMATIC
DEPOSIT ADVISES 98737 THROUGH
99056, FOR THE PERIOD 10-28-24
THROUGH 11-10-24, PAID ON 11-15-24,
IN THE AMOUNT OF $505,408.19
TOTAL PAYROLL REGISTER $505,408.19
11D. ADOPT ORDINANCE NO. 1783 (SECOND READING) -VESTING AUTHORITY

IN THE CITY MANAGER TO APPOINT THE CITY CLERK POSITION
Staff Recommendation
Adopt Ordinance No. 1783 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SAN
CLEMENTE MUNICIPAL CODE SECTIONS 2.10.010 AND 2.08.090, VESTING AUTHORITY IN THE CITY MANAGER TO APPOINT THE CITY CLERK. 11E. ADOPT ORDINANCE NO. 1784 (SECOND READING) - APPROVING ZONING AMENDMENT ZA24-193 TO TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD CHAPTER 17.26 OBJECTIVE DESIGN

STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND RESIDENTIAL
MIXED-USE DEVELOPMENT, AMENDING SECTION 17.32.030
RESIDENTIAL ZONE USES, AMENDING SECTION 17.36.020 COMMERCIAL ZONE USES, AMENDING SECTION 17.40.030 MIXED-USE ZONE USES, AND AMENDING SECTION 17.56.090 HOUSING OVERLAY TO ADD

CERTAIN SITES PREVIOUSLY IDENTIFIED IN THE HOUSING ELEMENT, IN

ACCORDANCE WITH CALIFORNIA HOUSING LAWS AND THE CITY OF SAN CLEMENTE'S CERTIFIED HOUSING ELEMENT; AND FINDING THAT THE

ZONING AMENDMENT IS EXEMPT FROM CEQA PER THE COMMUNITY

PLAN EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083.3 AND CEQA GUIDELINES SECTIONS 15183, 15060(C) AND 15061(B) (3)
Staff Recommendation
Adopt Ordinance No. 1784 entitled AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING ZONING AMENDMENT ZA24-193 TO TITLE 17 (ZONING) OF THE SAN CLEMENTE MUNICIPAL CODE TO ADD CHAPTER 17.26 OBJECTIVE DESIGN

STANDARDS FOR MULTI-FAMILY RESIDENTIAL AND RESIDENTIAL
MIXED-USE DEVELOPMENT, AMENDING SECTION 17.32.030 RESIDENTIAL ZONE USES, AMENDING SECTION 17.36.020 COMMERCIAL ZONE USES, AMENDING SECTION 17.40.030 MIXED-USE ZONE USES, AND AMENDING SECTION 17.56.090 HOUSING OVERLAY TO ADD CERTAIN SITES

PREVIOUSLY IDENTIFIED IN THE HOUSING ELEMENT, IN ACCORDANCE WITH CALIFORNIA HOUSING LAWS AND THE CITY OF SAN CLEMENTE’S

9 City Council Regular Meeting Agenda December 10, 2024 CERTIFIED HOUSING ELEMENT; AND FINDING THAT THE ZONING

AMENDMENT IS EXEMPT FROM CEQA PER THE COMMUNITY PLAN
EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21083.3

AND CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES
SECTIONS 15183, 15060(C) AND 15061(B)(3).
11F. ADOPT ORDINANCE NO. 1785 (SECOND READING) - AMENDING MUNICIPAL CODE SECTIONS 8.48.070, 8.48.090, 12.34.020 AND 12.34.040

RELATED TO AMPLIFIED SOUND AND SPECIAL EVENT PERMITS
Staff Recommendation
Adopt Ordinance No. 1785 entitled AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING MUNICIPAL CODE SECTIONS 8.48.070, 8.48.090, 12.34.020 AND 12.34.040

RELATING TO REQUIRING A SPECIAL EVENT PERMIT TO ALLOW

AMPLIFIED SOUND IN PUBLIC SPACES AND MAKING RELATED MINOR

CODE CLARIFICATIONS RELATING TO SPECIAL EVENT PERMITS AND

NOISE REQUIREMENTS, AND FINDING THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
11G. NOTICE OF COMPLETION - NORTH BEACH EMERGENCY SAND
PLACEMENT PROJECT, PROJECT NO. 14901
Staff Recommendation
Adopt Resolution No. 24-199, which will:
..recommendation

1. Accept the North Beach Emergency Sand Placement Project, Project No. 14901, from the contractor, GCI Construction, Inc.

2. Authorize the Public Works Director/City Engineer to execute and record the Notice of Completion for the completed North Beach Emergency Sand Placement Project.

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the contractor, GCI Construction, Inc.

4. Authorize the City Clerk to release the performance bond.

10 City Council Regular Meeting Agenda December 10, 2024 11H. CONTRACT AWARD - ENGINEERING SUPPORT SERVICES FOR THE DEL

MAR ELECTRICAL REHABILITATION IMPROVEMENTS
Staff Recommendation
Adopt Resolution No. 24-200, which will:

1. Award a Professional Services Agreement to Pacific Advanced Civil Engineers, Inc. for engineering support services for the Del Mar Electrical Rehabilitation Project, CIP Project No. 19807.

2. Approve, and authorize the City Manager to execute, Contract No. C24- 85, by and between the City of San Clemente and Pacific Advanced Civil Engineers, Inc., providing for the Del Mar Electrical Rehabilitation Project, in an amount not to exceed $89,940.
11I. CONTRACT AWARD - FY 2025 AS-NEEDED STREET IMPROVEMENT

PROGRAM, AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-201, which will:
..recommendation

1. Find the FY 2025 As-Needed Street Improvement Program, CIP Project No. 15318, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the FY 2025 As-Needed Street Improvement Program, contract to Hardy & Harper, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 86, by and between the City of San Clemente and Hardy & Harper, Inc., providing for the FY 2025 As-Needed Street Improvement Program, in an amount not to exceed $200,000 per year, in a form substantially similar to Contract No. C24-86 (Attachment 3).

11 City Council Regular Meeting Agenda December 10, 2024 11J. CONTRACT AWARD - TELECOMMUNICATION SERVICES AT MULTIPLE

CITY FACILITIES
Staff Recommendation
Adopt Resolution No. 24-202, which will:

1. Award a Commercial Services Agreement to Cox Business for Telecommunication Services.

2. Approve, and authorize the City Manager to execute, Contract No. C24-87, by and between the City of San Clemente and Cox Business, providing for Telecommunication Services, in an amount not to exceed $85,659 per year. 11K. CONTRACT AWARD - CIVICREC RECREATION MANAGEMENT SYSTEM,

AND CONSIDERATION A RESOLUTION AUTHORIZING AN EXEMPTION TO

THE FORMAL SOLICITATION PROCESS
Staff Recommendation
Adopt Resolution No. 24-203, which will:

1. Authorize an exemption to the formal solicitation process under City Policy 201-2-1.

2. Award a Professional Services Agreement and approve a Master Services Agreement with Civic Plus, Inc. for the CivicRec Recreation Management System.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 88, by and between the City of San Clemente and Civic Plus, Inc., providing for the CivicRec Recreation Management System, in an amount not to exceed $141,863 over a three-year term.

12 City Council Regular Meeting Agenda December 10, 2024 11L. CONTRACT AWARD - CONSTRUCTION OF A PUMP TRACK AT RICHARD T.

STEED MEMORIAL PARK AND MAKING FINDINGS UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Staff Recommendation
Adopt Resolution No. 24-204, which will:

1. Find the construction of an asphalt pump track is consistent with the Richard T. Steed Memorial Park Master Plan and is consistent with the environmental findings established in the IS/MND previously certified by the City Council.

2. Award a piggy-back contract to American Ramp Company, Inc., the lowest responsible bidder in the City of Moreno Valley’s competitive formal bidding process, for the construction of the pump track at Richard T.

Steed Memorial Park, in an amount not to exceed $605,500.

3. Approve, and authorize the City Manager to execute, Contract No. C24- 89, a piggy-back contract, by and between the City of San Clemente and American Ramp Company, Inc., providing for the construction of the pump track at Richard T. Steed Memorial Park, in an amount not to exceed $605,500 in a form substantially similar to the contract awarded by the City of Moreno Valley.

4. Approve a 5% project contingency of $30,275.
11M. CONTRACT AMENDMENT - LAND LEASE WITH MODIFIED OPTIONS FOR THE CITY OWNED LAND LOCATED ADJACENT AND TO THE NORTH OF 92 AVENIDA LA PATA (APN 678-164-01)
Staff Recommendation
Adopt Resolution No. 24-205, which will:

1. Approve the First Amendment to the Land Lease (Contract No. C14-49) between the City of San Clemente and Gratitude Garden Preschool, provided as Attachment 1, Exhibit A of the Administrative Report dated December 10, 2024, for the lease of the unimproved land located adjacent and to the north of 92 Avenida La Pata, (APN 678-164-01).

2. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C14-49, by and between the City of San Clemente and Gratitude Garden Preschool, for the lease of the unimproved land located adjacent and to the north of 92 Avenida La Pata, (APN 678-164-01).

13 City Council Regular Meeting Agenda December 10, 2024

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

13. Future Agenda Items

14. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
(1) VACANCIES ON THE HUMAN AFFAIRS COMMITTEE AND PUBLIC

SAFETY COMMITTEE
Staff Recommendation
Take no immediate action and advertise and interview for the vacancy when the City Council interviews candidates for all Commission and Committee vacancies in June.
(2) UPDATE TO CITY COUNCIL APPOINTEES TO REGIONAL

COMMITTEES, COMMISSIONS AND BOARDS AND APPOINT CITY

COUNCIL REPRESENTATIVES TO EACH CITY COMMISSION AND

COMMITTEE
Staff Recommendation

1. Update Councilmember appointments to various regional committees, commissions and boards.

2. Adopt Resolution No. 24-206 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

DESIGNATING AND APPOINTING ITS REPRESENTATIVE TO
THE ORANGE COUNTY FIRE AUTHORITY’S BOARD OF
DIRECTORS, with the direction that the name of the City’s new Director be inserted.

3. Appoint City Council representatives to each City Commission and Committee.

14 City Council Regular Meeting Agenda December 10, 2024 C. City Attorney
D. City Manager

15. Adjournment
Adjourn to an Adjourned Regular City Council Meeting scheduled to be held on January 14, 2025. Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

15 City Council Regular Meeting Agenda December 10, 2024

CITY COUNCIL MEETING PROCEDURES

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

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

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

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

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

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

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

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

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

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

16 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: December 10, 2024 Agenda Item: A.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e
RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024 ..body Fiscal Impact:

The City Council previously appropriated $100,000 to fund the November 5, 2024 General Municipal Election. The actual election cost has not yet been determined by the Registrar of Voters.

Summary:

A General Municipal Election was held in the City of San Clemente on November 5, 2024 for the purpose of electing one Member of the City Council to District 3 and one Member of the City Council to District 4 and to submit a measure to the electorate (Measure BB – City of an Clemente Beach Protection, Restoration, Clean Ocean Measure). In accordance with City Council direction, the City’s General Municipal Election was consolidated with the General Election that was conducted on the same date by the County of Orange. The ballots were counted and the results canvassed and certified by the Orange County Registrar of Voters. A copy of the certified election results are provided as Attachment 2 to this administrative report.

The following six candidates appeared on the ballot to fill one vacancy in District 3 and one vacancy in District 4 on the City Council for full terms to expire in November 2028. As the below vote tally indicates, Rick Loeffler, received the highest number of votes in District 3 and Zhen Wu received the highest number of votes in District 4.

CITY OF SAN CLEMENTE MEMBER, City Council, District 3
Number To Vote For: 1
Vote Count
RICK LOEFFLER 3,694
ANGELA WATTS 2,826
AMANDA QUINTANILLA 932
LOIS MCNICOLL 287
VOTE CENTER BALLOTS CAST: 2,270
VOTE-BY-MAIL BALLOTS CAST: 6,610
TOTAL BALLOTS CAST: 8,880

17 Meeting Date: December 10, 2024 Agenda Item: A.

CITY OF SAN CLEMENTE 2
CITY OF SAN CLEMENTE MEMBER, City Council, District 4
Number To Vote For: 1
Vote Count
ZHEN WU 4,866
SARAH SCHNEIDER 3,811
VOTE CENTER BALLOTS CAST: 2,180
VOTE-BY-MAIL BALLOTS CAST: 7,560
TOTAL BALLOTS CAST: 9,740
Additionally, the following measure appeared on the ballot:

BB - City of San Clemente, Beach Protection,
Restoration, Clean Ocean Measure
(VOTE FOR 1)
Shall the measure restoring/keeping sand on the
beach, maintaining beach access for residents,
reducing beach erosion; protecting ocean water
quality, surfing/ocean swimming locations;
restoring/maintaining beach trail, pier and lifeguard
lifesaving equipment, helping protect San Clemente’s
local beach economy, by establishing a dedicated 1/2¢
sales tax providing approximately $6,750,000 annually
until ended by voters; requiring public spending
disclosure, independent audits, all funds used locally
and cannot be taken for other purposes, be adopted?
YES
NO
YES: 24,004
NO: 13,145
VOTE CENTER BALLOTS CAST: 8,530
VOTE-BY-MAIL BALLOTS CAST: 30,054
TOTAL BALLOTS CAST: 38,584
Council Options:
 Adopt Resolution No. 24-191 certifying the results of the 2024 General Municipal Election.  Take no action.
18 Meeting Date: December 10, 2024 Agenda Item: A.

CITY OF SAN CLEMENTE 3
Environmental Review/Analysis:

This is not a “project” under CEQA.

Recommended Actions:

Staff Recommendation ..recommendation
STAFF RECOMMENDS THAT the City Council adopt Resolution No. 24-191 entitled A RESOLUTION

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

FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY OF SAN CLEMENTE, CALIFORNIA, ON NOVEMBER 5, 2024, DECLARING THE RESULTS, AND SUCH OTHER MATTERS AS PROVIDED BY LAW.
..end
Attachment:

1. Resolution No. 24-191, with Certified Elections Results attached as Exhibit A to the Resolution.

Notification:
2024 Candidates for Office of the City Council in Districts 3 and 4. 19 Attachment 1
RESOLUTION NO. 24-191

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, RECITING THE FACT OF

THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY
OF SAN CLEMENTE, CALIFORNIA, ON NOVEMBER 5, 2024,

DECLARING THE RESULTS, AND SUCH OTHER MATTERS

AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the City of San Clemente, California, on Tuesday, November 5, 2024, as required by law; and WHEREAS, the ballot for San Clemente’s General Municipal Election included elections for one Member of the City Council in District 3 and one Member of the City Council in District 4 for full four-year terms and Measure BB, the City of San Clemente Beach Protection, Restoration and Clean Ocean Measure; and
WHEREAS, notice of the election was given in the time, form and manner as provided by law; voting districts and precincts were properly established; election officers were appointed and in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, pursuant to Resolution No. 24-109, adopted on July 17, 2024, by the San Clemente City Council, the Orange County Registrar of Voters canvassed the returns of the election and has certified the results, which is attached hereto and made a part herein as Exhibit “A”.

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

Section 1. That the above recitals are true and incorporated fully herein by this reference as findings.

Section 2. That the number of ballots cast for City Council offices and Measure BB are listed in “Exhibit A” to this Resolution, which is fully incorporate herein.

Section 3. That the City Clerk shall enter into the records of the City of San Clemente, a statement of the results of the election, showing: (1) the whole number of ballots cast in the City; (2) the names of the persons appearing on the ballot for City Council offices in District 3 and District 4; (3) the text and ballot language for Measure BB; and (4) the number of votes given at each precinct to each person running for each office, and for or against Measure BB.
20 Resolution No. 24-191 Page 2
Section 4. That the names of persons voted for at the election for City offices were as follows (in the order they appeared on the ballot):

District 3
Rick Loeffler
Amanda Quintanilla
Lois McNicoll
Angela Watts
District 4
Zhen Wu
Sarah Schneider
Section 5. That the City Council does declare that Rick Loeffler was elected as Member of the City Council for District 3 and Zhen Wu was elected as Member of the City Council for District 4 for the full term of four years.

Section 6. That the Measure voted for at the election is as follows:

BB - City of San Clemente, Beach Protection, Restoration, Clean Ocean Measure
(VOTE FOR 1)
Shall the measure restoring/keeping sand on the beach, maintaining beach access for residents, reducing beach erosion; protecting ocean water quality, surfing/ocean swimming locations; restoring/maintaining beach trail, pier and lifeguard lifesaving equipment, helping protect San Clemente’s local beach economy, by establishing a dedicated 1/2¢ sales tax providing approximately $6,750,000 annually until ended by voters; requiring public spending disclosure, independent audits, all funds used locally and cannot be taken for other purposes, be adopted?
YES
NO
Section 7. That the City Council does declare that Measure BB failed. A total of 24,004 (64.62%) voted in favor of Measure BB and a total of 13,145 (35.38%) voted in opposition of Measure BB. In order for Measure BB to pass, it required 2/3 (66.7%) “Yes” votes.

Section 8. That the City Clerk shall immediately make and deliver to each of the persons elected a Certificate of Election signed by the City Clerk or Deputy City Clerk and authenticated; that the Oath of Office prescribed in the Constitution of the State of California shall be administered to each person elected. Each person elected shall subscribe to the Oath and copies shall be filed in the office of the City Clerk. Each and all of the persons elected shall then be inducted into the respective office to which they were elected.

Section 9. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
21 Resolution No. 24-191 Page 3
PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City Mayor of the City of San
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. 24-191 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
22 ([KLELW$
23 24
25 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2755 BB-City of San Clemente
Vote Center Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 45,689 8,530 18.7 4,767 3,395
Orange County 45,689 8,530 18.7 4,767 3,395
49th Congressional District 45,689 8,530 18.7 4,767 3,395 36th Senate District 45,689 8,530 18.7 4,767 3,395
74th Assembly District 45,689 8,530 18.7 4,767 3,395
5th Supervisorial District 45,689 8,530 18.7 4,767 3,395 San Clemente 45,689 8,530 18.7 4,767 3,395
San Clemente Council District 1 12,182 2,197 18.0 1,088 1,038 San Clemente Council District 2 11,079 1,883 17.0 1,037 771 San Clemente Council District 3 10,937 2,270 20.8 1,357 784 San Clemente Council District 4 11,491 2,180 19.0 1,285 802 State Board of Equalization
(4th District)
45,689 8,530 18.7 4,767 3,395
4th District Court of Appeal 45,689 8,530 18.7 4,767 3,395 County Board of Education
Trustee Area 5
45,689 8,530 18.7 4,767 3,395
South Orange County
Community College District
45,689 8,530 18.7 4,767 3,395
South Orange County
Community College District
Trustee Area 4
45,689 8,530 18.7 4,767 3,395
Capistrano Unified School
District
45,689 8,530 18.7 4,767 3,395
Capistrano Unified School
District Trustee Area 1
8,031 1,515 18.9 887 548
Capistrano Unified School
District Trustee Area 3
37,658 7,015 18.6 3,880 2,847
Municipal Water District of
Orange County
45,689 8,530 18.7 4,767 3,395
Municipal Water District of
Orange County Division 7
45,689 8,530 18.7 4,767 3,395
South Coast Water District 2,103 361 17.2 196 136
South Coast Water District
Division 5
2,103 361 17.2 196 136
Santa Margarita Water District 7,848 1,308 16.7 725 539 Santa Margarita Water District
Division 4
2,056 360 17.5 205 146
Santa Margarita Water District
Division 5
5,792 948 16.4 520 393
Historical 2010 - 49th
Congressional District
45,689 8,530 18.7 4,767 3,395
Historical 2010 - 36th Senate
District
45,689 8,530 18.7 4,767 3,395
Historical 2010 - 73rd
Assembly District
45,689 8,530 18.7 4,767 3,395
Historical 2010 - State Board of
Equalization (4th District)
45,689 8,530 18.7 4,767 3,395
Historical 2010 - 5th
Supervisorial District
45,689 8,530 18.7 4,767 3,395
Historical 2010 - County Board
of Education Trustee Area 5
45,689 8,530 18.7 4,767 3,395
Proposition 2 45,689 8,530 18.7 4,767 3,395
Proposition 3 45,689 8,530 18.7 4,767 3,395
Proposition 4 45,689 8,530 18.7 4,767 3,395
Proposition 5 45,689 8,530 18.7 4,767 3,395
Proposition 6 45,689 8,530 18.7 4,767 3,395
Proposition 32 45,689 8,530 18.7 4,767 3,395
Proposition 33 45,689 8,530 18.7 4,767 3,395
Proposition 34 45,689 8,530 18.7 4,767 3,395
Proposition 35 45,689 8,530 18.7 4,767 3,395
Proposition 36 45,689 8,530 18.7 4,767 3,395
United States Senator
Partial/Unexpired Term
45,689 8,530 18.7 4,767 3,395
United States Senator 45,689 8,530 18.7 4,767 3,395

26 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2756 BB-City of San Clemente
Vote Center Totals
District
RegistrationBallots CastTurnout (%)YesNo
President 45,689 8,530 18.7 4,767 3,395
Vote Center Totals 45,689 8,530 18.7 4,767 3,395

27 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2757 BB-City of San Clemente
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 45,689 30,054 65.8 19237 9750
Orange County 45,689 30,054 65.8 19237 9750
49th Congressional District 45,689 30,054 65.8 19237 9750 36th Senate District 45,689 30,054 65.8 19237 9750
74th Assembly District 45,689 30,054 65.8 19237 9750
5th Supervisorial District 45,689 30,054 65.8 19237 9750 San Clemente 45,689 30,054 65.8 19237 9750
San Clemente Council District 1 12,182 8,321 68.3 5064 2998 San Clemente Council District 2 11,079 7,563 68.3 4788 2500 San Clemente Council District 3 10,937 6,610 60.4 4396 1930 San Clemente Council District 4 11,491 7,560 65.8 4989 2322 State Board of Equalization
(4th District)
45,689 30,054 65.8 19237 9750
4th District Court of Appeal 45,689 30,054 65.8 19237 9750 County Board of Education
Trustee Area 5
45,689 30,054 65.8 19237 9750
South Orange County
Community College District
45,689 30,054 65.8 19237 9750
South Orange County
Community College District
Trustee Area 4
45,689 30,054 65.8 19237 9750
Capistrano Unified School
District
45,689 30,054 65.8 19237 9750
Capistrano Unified School
District Trustee Area 1
8,031 5,085 63.3 3281 1591
Capistrano Unified School
District Trustee Area 3
37,658 24,969 66.3 15956 8159
Municipal Water District of
Orange County
45,689 30,054 65.8 19237 9750
Municipal Water District of
Orange County Division 7
45,689 30,054 65.8 19237 9750
South Coast Water District 2,103 1,429 68.0 909 459
South Coast Water District
Division 5
2,103 1,429 68.0 909 459
Santa Margarita Water District 7,848 5,375 68.5 3409 1769 Santa Margarita Water District
Division 4
2,056 1,428 69.5 905 475
Santa Margarita Water District
Division 5
5,792 3,947 68.1 2504 1294
Historical 2010 - 49th
Congressional District
45,689 30,054 65.8 19237 9750
Historical 2010 - 36th Senate
District
45,689 30,054 65.8 19237 9750
Historical 2010 - 73rd
Assembly District
45,689 30,054 65.8 19237 9750
Historical 2010 - State Board of
Equalization (4th District)
45,689 30,054 65.8 19237 9750
Historical 2010 - 5th
Supervisorial District
45,689 30,054 65.8 19237 9750
Historical 2010 - County Board
of Education Trustee Area 5
45,689 30,054 65.8 19237 9750
Proposition 2 45,689 30,054 65.8 19237 9750
Proposition 3 45,689 30,054 65.8 19237 9750
Proposition 4 45,689 30,054 65.8 19237 9750
Proposition 5 45,689 30,054 65.8 19237 9750
Proposition 6 45,689 30,054 65.8 19237 9750
Proposition 32 45,689 30,054 65.8 19237 9750
Proposition 33 45,689 30,054 65.8 19237 9750
Proposition 34 45,689 30,054 65.8 19237 9750
Proposition 35 45,689 30,054 65.8 19237 9750
Proposition 36 45,689 30,054 65.8 19237 9750
United States Senator
Partial/Unexpired Term
45,689 30,054 65.8 19237 9750
United States Senator 45,689 30,054 65.8 19237 9750

28 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2758 BB-City of San Clemente
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)YesNo
President 45,689 30,054 65.8 19237 9750
Vote by Mail Totals 45,689 30,054 65.8 19,237 9,750

29 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2759 BB-City of San Clemente
Grand Totals
District
RegistrationBallots CastTurnout (%)YesNo
Orange County 45,689 38,584 84.4 24004 13145
Orange County 45,689 38,584 84.4 24004 13145
49th Congressional District 45,689 38,584 84.4 24004 13145 36th Senate District 45,689 38,584 84.4 24004 13145
74th Assembly District 45,689 38,584 84.4 24004 13145
5th Supervisorial District 45,689 38,584 84.4 24004 13145 San Clemente 45,689 38,584 84.4 24004 13145
San Clemente Council District 1 12,182 10,518 86.3 6152 4036 San Clemente Council District 2 11,079 9,446 85.3 5825 3271 San Clemente Council District 3 10,937 8,880 81.2 5753 2714 San Clemente Council District 4 11,491 9,740 84.8 6274 3124 State Board of Equalization
(4th District)
45,689 38,584 84.4 24004 13145
4th District Court of Appeal 45,689 38,584 84.4 24004 13145 County Board of Education
Trustee Area 5
45,689 38,584 84.4 24004 13145
South Orange County
Community College District
45,689 38,584 84.4 24004 13145
South Orange County
Community College District
Trustee Area 4
45,689 38,584 84.4 24004 13145
Capistrano Unified School
District
45,689 38,584 84.4 24004 13145
Capistrano Unified School
District Trustee Area 1
8,031 6,600 82.2 4168 2139
Capistrano Unified School
District Trustee Area 3
37,658 31,984 84.9 19836 11006
Municipal Water District of
Orange County
45,689 38,584 84.4 24004 13145
Municipal Water District of
Orange County Division 7
45,689 38,584 84.4 24004 13145
South Coast Water District 2,103 1,790 85.1 1105 595
South Coast Water District
Division 5
2,103 1,790 85.1 1105 595
Santa Margarita Water District 7,848 6,683 85.2 4134 2308 Santa Margarita Water District
Division 4
2,056 1,788 87.0 1110 621
Santa Margarita Water District
Division 5
5,792 4,895 84.5 3024 1687
Historical 2010 - 49th
Congressional District
45,689 38,584 84.4 24004 13145
Historical 2010 - 36th Senate
District
45,689 38,584 84.4 24004 13145
Historical 2010 - 73rd
Assembly District
45,689 38,584 84.4 24004 13145
Historical 2010 - State Board of
Equalization (4th District)
45,689 38,584 84.4 24004 13145
Historical 2010 - 5th
Supervisorial District
45,689 38,584 84.4 24004 13145
Historical 2010 - County Board
of Education Trustee Area 5
45,689 38,584 84.4 24004 13145
Proposition 2 45,689 38,584 84.4 24004 13145
Proposition 3 45,689 38,584 84.4 24004 13145
Proposition 4 45,689 38,584 84.4 24004 13145
Proposition 5 45,689 38,584 84.4 24004 13145
Proposition 6 45,689 38,584 84.4 24004 13145
Proposition 32 45,689 38,584 84.4 24004 13145
Proposition 33 45,689 38,584 84.4 24004 13145
Proposition 34 45,689 38,584 84.4 24004 13145
Proposition 35 45,689 38,584 84.4 24004 13145
Proposition 36 45,689 38,584 84.4 24004 13145
United States Senator
Partial/Unexpired Term
45,689 38,584 84.4 24004 13145
United States Senator 45,689 38,584 84.4 24004 13145

30 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 2760 BB-City of San Clemente
Grand Totals
District
RegistrationBallots CastTurnout (%)YesNo
President 45,689 38,584 84.4 24004 13145
Vote Center Totals 45,689 8,530 18.7 4,767 3,395
Vote by Mail Totals 45,689 30,054 65.8 19,237 9,750
Grand Totals 45,689 38,584 84.4 24,004 13,145

31 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1442 CITY OF SAN CLEMENTE Member, City Council, District 3
Vote Center Totals
District
RegistrationBallots CastTurnout (%)RICK LOEFFLERAMANDA QUINTANILLALOIS MCNICOLLANGELA WATTS Orange County 10,937 2,270 20.8 969 268 101 594
Orange County 10,937 2,270 20.8 969 268 101 594
49th Congressional District 10,937 2,270 20.8 969 268 101 594 36th Senate District 10,937 2,270 20.8 969 268 101 594
74th Assembly District 10,937 2,270 20.8 969 268 101 594 5th Supervisorial District 10,937 2,270 20.8 969 268 101 594 San Clemente 10,937 2,270 20.8 969 268 101 594
San Clemente Council District 3 10,937 2,270 20.8 969 268 101 594 State Board of Equalization
(4th District)
10,937 2,270 20.8 969 268 101 594
4th District Court of Appeal 10,937 2,270 20.8 969 268 101 594 County Board of Education
Trustee Area 5
10,937 2,270 20.8 969 268 101 594
South Orange County
Community College District
10,937 2,270 20.8 969 268 101 594
South Orange County
Community College District
Trustee Area 4
10,937 2,270 20.8 969 268 101 594
Capistrano Unified School
District
10,937 2,270 20.8 969 268 101 594
Capistrano Unified School
District Trustee Area 1
7,578 1,431 18.9 646 178 64 341
Capistrano Unified School
District Trustee Area 3
3,359 839 25.0 323 90 37 253
Municipal Water District of
Orange County
10,937 2,270 20.8 969 268 101 594
Municipal Water District of
Orange County Division 7
10,937 2,270 20.8 969 268 101 594
South Coast Water District 2,103 361 17.2 152 33 25 80
South Coast Water District
Division 5
2,103 361 17.2 152 33 25 80
Historical 2010 - 49th
Congressional District
10,937 2,270 20.8 969 268 101 594
Historical 2010 - 36th Senate
District
10,937 2,270 20.8 969 268 101 594
Historical 2010 - 73rd
Assembly District
10,937 2,270 20.8 969 268 101 594
Historical 2010 - State Board of
Equalization (4th District)
10,937 2,270 20.8 969 268 101 594
Historical 2010 - 5th
Supervisorial District
10,937 2,270 20.8 969 268 101 594
Historical 2010 - County Board
of Education Trustee Area 5
10,937 2,270 20.8 969 268 101 594
Proposition 2 10,937 2,270 20.8 969 268 101 594
Proposition 3 10,937 2,270 20.8 969 268 101 594
Proposition 4 10,937 2,270 20.8 969 268 101 594
Proposition 5 10,937 2,270 20.8 969 268 101 594
Proposition 6 10,937 2,270 20.8 969 268 101 594
Proposition 32 10,937 2,270 20.8 969 268 101 594
Proposition 33 10,937 2,270 20.8 969 268 101 594
Proposition 34 10,937 2,270 20.8 969 268 101 594
Proposition 35 10,937 2,270 20.8 969 268 101 594
Proposition 36 10,937 2,270 20.8 969 268 101 594
United States Senator
Partial/Unexpired Term
10,937 2,270 20.8 969 268 101 594
United States Senator 10,937 2,270 20.8 969 268 101 594 President 10,937 2,270 20.8 969 268 101 594
Vote Center Totals 10,937 2,270 20.8 969 268 101 594

32 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1443 CITY OF SAN CLEMENTE Member, City Council, District 3
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)RICK LOEFFLERAMANDA QUINTANILLALOIS MCNICOLLANGELA WATTS Orange County 10,937 6,610 60.4 2725 664 186 2232
Orange County 10,937 6,610 60.4 2725 664 186 2232
49th Congressional District 10,937 6,610 60.4 2725 664 186 2232 36th Senate District 10,937 6,610 60.4 2725 664 186 2232 74th Assembly District 10,937 6,610 60.4 2725 664 186 2232 5th Supervisorial District 10,937 6,610 60.4 2725 664 186 2232 San Clemente 10,937 6,610 60.4 2725 664 186 2232
San Clemente Council District 3 10,937 6,610 60.4 2725 664 186 2232 State Board of Equalization
(4th District)
10,937 6,610 60.4 2725 664 186 2232
4th District Court of Appeal 10,937 6,610 60.4 2725 664 186 2232 County Board of Education
Trustee Area 5
10,937 6,610 60.4 2725 664 186 2232
South Orange County
Community College District
10,937 6,610 60.4 2725 664 186 2232
South Orange County
Community College District
Trustee Area 4
10,937 6,610 60.4 2725 664 186 2232
Capistrano Unified School
District
10,937 6,610 60.4 2725 664 186 2232
Capistrano Unified School
District Trustee Area 1
7,578 4,791 63.2 2113 477 129 1514
Capistrano Unified School
District Trustee Area 3
3,359 1,819 54.2 612 187 57 718
Municipal Water District of
Orange County
10,937 6,610 60.4 2725 664 186 2232
Municipal Water District of
Orange County Division 7
10,937 6,610 60.4 2725 664 186 2232
South Coast Water District 2,103 1,429 68.0 631 112 48 452 South Coast Water District
Division 5
2,103 1,429 68.0 631 112 48 452
Historical 2010 - 49th
Congressional District
10,937 6,610 60.4 2725 664 186 2232
Historical 2010 - 36th Senate
District
10,937 6,610 60.4 2725 664 186 2232
Historical 2010 - 73rd
Assembly District
10,937 6,610 60.4 2725 664 186 2232
Historical 2010 - State Board of
Equalization (4th District)
10,937 6,610 60.4 2725 664 186 2232
Historical 2010 - 5th
Supervisorial District
10,937 6,610 60.4 2725 664 186 2232
Historical 2010 - County Board
of Education Trustee Area 5
10,937 6,610 60.4 2725 664 186 2232
Proposition 2 10,937 6,610 60.4 2725 664 186 2232
Proposition 3 10,937 6,610 60.4 2725 664 186 2232
Proposition 4 10,937 6,610 60.4 2725 664 186 2232
Proposition 5 10,937 6,610 60.4 2725 664 186 2232
Proposition 6 10,937 6,610 60.4 2725 664 186 2232
Proposition 32 10,937 6,610 60.4 2725 664 186 2232
Proposition 33 10,937 6,610 60.4 2725 664 186 2232
Proposition 34 10,937 6,610 60.4 2725 664 186 2232
Proposition 35 10,937 6,610 60.4 2725 664 186 2232
Proposition 36 10,937 6,610 60.4 2725 664 186 2232
United States Senator
Partial/Unexpired Term
10,937 6,610 60.4 2725 664 186 2232
United States Senator 10,937 6,610 60.4 2725 664 186 2232 President 10,937 6,610 60.4 2725 664 186 2232
Vote by Mail Totals 10,937 6,610 60.4 2,725 664 186 2,232

33 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1444 CITY OF SAN CLEMENTE Member, City Council, District 3
Grand Totals
District
RegistrationBallots CastTurnout (%)RICK LOEFFLERAMANDA QUINTANILLALOIS MCNICOLLANGELA WATTS Orange County 10,937 8,880 81.2 3694 932 287 2826
Orange County 10,937 8,880 81.2 3694 932 287 2826
49th Congressional District 10,937 8,880 81.2 3694 932 287 2826 36th Senate District 10,937 8,880 81.2 3694 932 287 2826 74th Assembly District 10,937 8,880 81.2 3694 932 287 2826 5th Supervisorial District 10,937 8,880 81.2 3694 932 287 2826 San Clemente 10,937 8,880 81.2 3694 932 287 2826
San Clemente Council District 3 10,937 8,880 81.2 3694 932 287 2826 State Board of Equalization
(4th District)
10,937 8,880 81.2 3694 932 287 2826
4th District Court of Appeal 10,937 8,880 81.2 3694 932 287 2826 County Board of Education
Trustee Area 5
10,937 8,880 81.2 3694 932 287 2826
South Orange County
Community College District
10,937 8,880 81.2 3694 932 287 2826
South Orange County
Community College District
Trustee Area 4
10,937 8,880 81.2 3694 932 287 2826
Capistrano Unified School
District
10,937 8,880 81.2 3694 932 287 2826
Capistrano Unified School
District Trustee Area 1
7,578 6,222 82.1 2759 655 193 1855
Capistrano Unified School
District Trustee Area 3
3,359 2,658 79.1 935 277 94 971
Municipal Water District of
Orange County
10,937 8,880 81.2 3694 932 287 2826
Municipal Water District of
Orange County Division 7
10,937 8,880 81.2 3694 932 287 2826
South Coast Water District 2,103 1,790 85.1 783 145 73 532 South Coast Water District
Division 5
2,103 1,790 85.1 783 145 73 532
Historical 2010 - 49th
Congressional District
10,937 8,880 81.2 3694 932 287 2826
Historical 2010 - 36th Senate
District
10,937 8,880 81.2 3694 932 287 2826
Historical 2010 - 73rd
Assembly District
10,937 8,880 81.2 3694 932 287 2826
Historical 2010 - State Board of
Equalization (4th District)
10,937 8,880 81.2 3694 932 287 2826
Historical 2010 - 5th
Supervisorial District
10,937 8,880 81.2 3694 932 287 2826
Historical 2010 - County Board
of Education Trustee Area 5
10,937 8,880 81.2 3694 932 287 2826
Proposition 2 10,937 8,880 81.2 3694 932 287 2826
Proposition 3 10,937 8,880 81.2 3694 932 287 2826
Proposition 4 10,937 8,880 81.2 3694 932 287 2826
Proposition 5 10,937 8,880 81.2 3694 932 287 2826
Proposition 6 10,937 8,880 81.2 3694 932 287 2826
Proposition 32 10,937 8,880 81.2 3694 932 287 2826
Proposition 33 10,937 8,880 81.2 3694 932 287 2826
Proposition 34 10,937 8,880 81.2 3694 932 287 2826
Proposition 35 10,937 8,880 81.2 3694 932 287 2826
Proposition 36 10,937 8,880 81.2 3694 932 287 2826
United States Senator
Partial/Unexpired Term
10,937 8,880 81.2 3694 932 287 2826
United States Senator 10,937 8,880 81.2 3694 932 287 2826 President 10,937 8,880 81.2 3694 932 287 2826
Vote Center Totals 10,937 2,270 20.8 969 268 101 594
Vote by Mail Totals 10,937 6,610 60.4 2,725 664 186 2,232 Grand Totals 10,937 8,880 81.2 3,694 932 287 2,826

34 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1446 CITY OF SAN CLEMENTE Member, City Council, District 4
Vote Center Totals
District
RegistrationBallots CastTurnout (%)ZHEN WUSARAH SCHNEIDER Orange County 11,491 2,180 19.0 1,146 734
Orange County 11,491 2,180 19.0 1,146 734
49th Congressional District 11,491 2,180 19.0 1,146 734 36th Senate District 11,491 2,180 19.0 1,146 734
74th Assembly District 11,491 2,180 19.0 1,146 734
5th Supervisorial District 11,491 2,180 19.0 1,146 734
San Clemente 11,491 2,180 19.0 1,146 734
San Clemente Council District 4 11,491 2,180 19.0 1,146 734 State Board of Equalization
(4th District)
11,491 2,180 19.0 1,146 734
4th District Court of Appeal 11,491 2,180 19.0 1,146 734 County Board of Education
Trustee Area 5
11,491 2,180 19.0 1,146 734
South Orange County
Community College District
11,491 2,180 19.0 1,146 734
South Orange County
Community College District
Trustee Area 4
11,491 2,180 19.0 1,146 734
Capistrano Unified School
District
11,491 2,180 19.0 1,146 734
Capistrano Unified School
District Trustee Area 3
11,491 2,180 19.0 1,146 734
Municipal Water District of
Orange County
11,491 2,180 19.0 1,146 734
Municipal Water District of
Orange County Division 7
11,491 2,180 19.0 1,146 734
Historical 2010 - 49th
Congressional District
11,491 2,180 19.0 1,146 734
Historical 2010 - 36th Senate
District
11,491 2,180 19.0 1,146 734
Historical 2010 - 73rd
Assembly District
11,491 2,180 19.0 1,146 734
Historical 2010 - State Board of
Equalization (4th District)
11,491 2,180 19.0 1,146 734
Historical 2010 - 5th
Supervisorial District
11,491 2,180 19.0 1,146 734
Historical 2010 - County Board
of Education Trustee Area 5
11,491 2,180 19.0 1,146 734
Proposition 2 11,491 2,180 19.0 1,146 734
Proposition 3 11,491 2,180 19.0 1,146 734
Proposition 4 11,491 2,180 19.0 1,146 734
Proposition 5 11,491 2,180 19.0 1,146 734
Proposition 6 11,491 2,180 19.0 1,146 734
Proposition 32 11,491 2,180 19.0 1,146 734
Proposition 33 11,491 2,180 19.0 1,146 734
Proposition 34 11,491 2,180 19.0 1,146 734
Proposition 35 11,491 2,180 19.0 1,146 734
Proposition 36 11,491 2,180 19.0 1,146 734
United States Senator
Partial/Unexpired Term
11,491 2,180 19.0 1,146 734
United States Senator 11,491 2,180 19.0 1,146 734
President 11,491 2,180 19.0 1,146 734
Vote Center Totals 11,491 2,180 19.0 1,146 734

35 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1447 CITY OF SAN CLEMENTE Member, City Council, District 4
Vote by Mail
Totals
District
RegistrationBallots CastTurnout (%)ZHEN WUSARAH SCHNEIDER Orange County 11,491 7,560 65.8 3720 3077
Orange County 11,491 7,560 65.8 3720 3077
49th Congressional District 11,491 7,560 65.8 3720 3077 36th Senate District 11,491 7,560 65.8 3720 3077
74th Assembly District 11,491 7,560 65.8 3720 3077
5th Supervisorial District 11,491 7,560 65.8 3720 3077
San Clemente 11,491 7,560 65.8 3720 3077
San Clemente Council District 4 11,491 7,560 65.8 3720 3077 State Board of Equalization
(4th District)
11,491 7,560 65.8 3720 3077
4th District Court of Appeal 11,491 7,560 65.8 3720 3077 County Board of Education
Trustee Area 5
11,491 7,560 65.8 3720 3077
South Orange County
Community College District
11,491 7,560 65.8 3720 3077
South Orange County
Community College District
Trustee Area 4
11,491 7,560 65.8 3720 3077
Capistrano Unified School
District
11,491 7,560 65.8 3720 3077
Capistrano Unified School
District Trustee Area 3
11,491 7,560 65.8 3720 3077
Municipal Water District of
Orange County
11,491 7,560 65.8 3720 3077
Municipal Water District of
Orange County Division 7
11,491 7,560 65.8 3720 3077
Historical 2010 - 49th
Congressional District
11,491 7,560 65.8 3720 3077
Historical 2010 - 36th Senate
District
11,491 7,560 65.8 3720 3077
Historical 2010 - 73rd
Assembly District
11,491 7,560 65.8 3720 3077
Historical 2010 - State Board of
Equalization (4th District)
11,491 7,560 65.8 3720 3077
Historical 2010 - 5th
Supervisorial District
11,491 7,560 65.8 3720 3077
Historical 2010 - County Board
of Education Trustee Area 5
11,491 7,560 65.8 3720 3077
Proposition 2 11,491 7,560 65.8 3720 3077
Proposition 3 11,491 7,560 65.8 3720 3077
Proposition 4 11,491 7,560 65.8 3720 3077
Proposition 5 11,491 7,560 65.8 3720 3077
Proposition 6 11,491 7,560 65.8 3720 3077
Proposition 32 11,491 7,560 65.8 3720 3077
Proposition 33 11,491 7,560 65.8 3720 3077
Proposition 34 11,491 7,560 65.8 3720 3077
Proposition 35 11,491 7,560 65.8 3720 3077
Proposition 36 11,491 7,560 65.8 3720 3077
United States Senator
Partial/Unexpired Term
11,491 7,560 65.8 3720 3077
United States Senator 11,491 7,560 65.8 3720 3077
President 11,491 7,560 65.8 3720 3077
Vote by Mail Totals 11,491 7,560 65.8 3,720 3,077

36 12/03/2024 11:41 AM District Results Report - November 05, 2024 Page 1448 CITY OF SAN CLEMENTE Member, City Council, District 4
Grand Totals
District
RegistrationBallots CastTurnout (%)ZHEN WUSARAH SCHNEIDER Orange County 11,491 9,740 84.8 4866 3811
Orange County 11,491 9,740 84.8 4866 3811
49th Congressional District 11,491 9,740 84.8 4866 3811 36th Senate District 11,491 9,740 84.8 4866 3811
74th Assembly District 11,491 9,740 84.8 4866 3811
5th Supervisorial District 11,491 9,740 84.8 4866 3811
San Clemente 11,491 9,740 84.8 4866 3811
San Clemente Council District 4 11,491 9,740 84.8 4866 3811 State Board of Equalization
(4th District)
11,491 9,740 84.8 4866 3811
4th District Court of Appeal 11,491 9,740 84.8 4866 3811 County Board of Education
Trustee Area 5
11,491 9,740 84.8 4866 3811
South Orange County
Community College District
11,491 9,740 84.8 4866 3811
South Orange County
Community College District
Trustee Area 4
11,491 9,740 84.8 4866 3811
Capistrano Unified School
District
11,491 9,740 84.8 4866 3811
Capistrano Unified School
District Trustee Area 3
11,491 9,740 84.8 4866 3811
Municipal Water District of
Orange County
11,491 9,740 84.8 4866 3811
Municipal Water District of
Orange County Division 7
11,491 9,740 84.8 4866 3811
Historical 2010 - 49th
Congressional District
11,491 9,740 84.8 4866 3811
Historical 2010 - 36th Senate
District
11,491 9,740 84.8 4866 3811
Historical 2010 - 73rd
Assembly District
11,491 9,740 84.8 4866 3811
Historical 2010 - State Board of
Equalization (4th District)
11,491 9,740 84.8 4866 3811
Historical 2010 - 5th
Supervisorial District
11,491 9,740 84.8 4866 3811
Historical 2010 - County Board
of Education Trustee Area 5
11,491 9,740 84.8 4866 3811
Proposition 2 11,491 9,740 84.8 4866 3811
Proposition 3 11,491 9,740 84.8 4866 3811
Proposition 4 11,491 9,740 84.8 4866 3811
Proposition 5 11,491 9,740 84.8 4866 3811
Proposition 6 11,491 9,740 84.8 4866 3811
Proposition 32 11,491 9,740 84.8 4866 3811
Proposition 33 11,491 9,740 84.8 4866 3811
Proposition 34 11,491 9,740 84.8 4866 3811
Proposition 35 11,491 9,740 84.8 4866 3811
Proposition 36 11,491 9,740 84.8 4866 3811
United States Senator
Partial/Unexpired Term
11,491 9,740 84.8 4866 3811
United States Senator 11,491 9,740 84.8 4866 3811
President 11,491 9,740 84.8 4866 3811
Vote Center Totals 11,491 2,180 19.0 1,146 734
Vote by Mail Totals 11,491 7,560 65.8 3,720 3,077
Grand Totals 11,491 9,740 84.8 4,866 3,811

37 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: December 10, 2024 Agenda Item: 8A.

Submitted By: Community Development
Prepared By: David Carrillo, Associate Planner
Laura Coury, Assistant Planner
Subject:
..titl e

CONSIDERATION OF FIVE RESOLUTIONS AUTHORIZING THE MAYOR TO EXECUTE

HISTORIC PROPERTY PRESERVATION AGREEMENTS FOR FIVE QUALIFIED HISTORIC

PROPERTIES AND DETERMINING THE AGREEMENTS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL ..body QUALITY ACT
Fiscal Impact:

Execution of the five Historic Property Preservation Agreements (HPPA) will result in minor reductions of each property’s tax revenues to the City of approximately $53,921 per year in total for the five properties.

Summary:

At the request of five private property owners, the City Council is requested to consider approval of Historic Property Preservation Agreements (HPPA) for the following five historic properties:

1. 143 Avenida Granada (HPPA24-195)

2. 161 West Marquita (HPPA24-197)

3. 304 Avenida Sierra (HPPA24-273)

4. 210 West Mariposa (HPPA24-390)

5. 402 Pasadena Court (HPPA24-468)
The HPPA provides a property tax reduction incentive to owners of historic properties with the intent that cost savings are re-invested into the historic property to restore, improve, and preserve, their buildings and grounds, pursuant to a 10-year term work list.

Background:

Enacted in 1972, the Mills Act legislation grants participating local governments the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief. In San Clemente, a “qualified” property is any property on the City’s designated list of historic structures.

See Attachment 7 for additional background on the Mills Act. Participants in the Mills Act program may realize substantial property tax savings of between 40% and 70% each year. Mills Act Agreements are known in the City of San Clemente as HPPAs. 38 Meeting Date: December 10, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
The HPPA carries a minimum ten-year commitment. Either party may choose to end the automatic annual renewal of the HPPA; however, there is a significant financial penalty to the property owner if the City cancels the contract due to noncompliance with the terms of the HPPA.

Discussion:

On October 16, 2024, staff and the City’s historic preservation consultant, GPA Consulting (GPA), conducted a site visit at each property to evaluate the condition of the historic resources and determine which improvements should be pursued for the rehabilitation and maintenance of the properties with the requested tax savings. Lists of these prioritized work items for each property are provided in the attached resolution for each property (Attachments 1-5).

Each list of prioritized work was reviewed by the Design Review Subcommittee, which serves as the Cultural Heritage Subcommittee (CHSC), on November 13, 2024. The CHSC supported each HPPA request and list of prioritized work. See Attachment 6 for the minutes of this CHSC meeting. The items contained within the 10-year work lists (available in Exhibit 1 of each Attachment 1-5) are tailored to each property and cover various restoration/rehabilitation improvements needed to the properties, including other items such as routine maintenance and inspection requirements to ensure integrity of the historic resources, when necessary. The property owner would need to apply for and receive applicable permits at the time work is proposed consistent with HPPA requirements and Secretary of the Interior Standards for the Treatment of Historic Properties.

If approved by Council, the HPPAs will be executed after each owner submits the required $380 filing fee. The executed HPPAs will then be recorded on each property with the County ClerkRecorder’s Office and forwarded to the County Tax Assessor. The exact amount of the reduction will only be known after the County Tax Assessor completes a valuation for the property in 2025 based on the executed agreement. The estimated total of $53,921 in property tax reductions are based on a preliminary estimate provided by the County Tax Assessor’s office, which anticipates the following tax reductions for each property, as follows:
 143 Avenida Granada $9,613 per year
 161 W Marquita $4,217 per year
 210 W Mariposa $13,164 per year
 304 Avenida Serra $10,671 per year
 402 Pasadena Ct $16,256 per year
To confirm compliance with the conditions of the agreement, every five years from the commencement of the contract’s term, the property owner will be responsible to arrange a site inspection with the Planning Division and pay for the costs of such inspection.

Council Options:
 Adopt Resolution No. 24-192, Resolution No. 24-193, Resolution No. 24-194, Resolution No. 24-195, and Resolution No. 24-196, authorizing the Mayor to execute the subject Historic Property Preservation Agreements.
 Modify and adopt Resolution No. 24-192, Resolution No. 24-193, Resolution No. 24-194, Resolution No. 24-195, and Resolution No. 24-196.
39 Meeting Date: December 10, 2024 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 24-192, Resolution No. 24-193, Resolution No. 24-194, Resolution No. 24-195, and Resolution No. 24-196, and deny the approval of the Historic Property Preservation Agreements.

Environmental Review/Analysis:

Historic Property Preservation Agreements do not qualify as “projects”, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review.

Any construction activities related to the work specified in the lists of prioritized work established for each property would require separate permitting, and would undergo any required environmental review at that time.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 24-192, Resolution No. 24-193, Resolution No. 24-194, Resolution No. 24-195, and Resolution No. 24-196, which will:

1. Determine each Historic Property Preservation Agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review; and

2. Approve, and authorize the Mayor to execute, the five Historic Property Preservation Agreements.
..end
Attachments:

1. Resolution No. 24-192
Exhibit 1: 143 Avenida Granada Mills Act Contract (HPPA24-195)

2. Resolution No. 24-193
Exhibit 1: 161 West Marquita Mills Act Contract (HPPA24-197)

3. Resolution No. 24-194
Exhibit 1: 304 Avenida Sierra Mills Act Contract (HPPA24-273)

4. Resolution No. 24-195
Exhibit 1: 210 West Mariposa Mills Act Contract (HPPA24-390)

5. Resolution No. 24-196
Exhibit 1: 402 Pasadena Court Mills Act Contract (HPPA24-468)

6. Minutes from the CHSC Meeting of November 13, 2024

7. Mills Act Background Information

8. DPR Survey Forms
Notification:

Public notices were distributed and posted per City and State requirements. 40 Attachment 1
RESOLUTION NO. 24-192

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING HISTORIC
PROPERTY PRESERVATION AGREEMENT 24-195 FOR THE
PROPERTY LOCATED AT 143 AVENIDA GRANADA AND

FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of San Clemente adopted Ordinance 1194 on October 15, 1977, which in Section 3, establishes procedures for property owners of designated historically significant structures to voluntarily enter into Historic Property Preservation Agreements in order to apply to receive property tax reductions as an incentive for historic preservation; and
WHEREAS, on April 25, 2024, an application was submitted by Christian S. Wach and Kaitlin R. Wach (co-trustees of the Wach Family Trust), 217 Esplanade, San Clemente, CA 92672, the owner of a designated historically significant structure, to enter into an Historic Property Preservation Agreement (HPPA) for the property located at 143 Avenida Granada, the legal description being N TR 779 BLK 7 LOT 16, in the City of San Clemente, with Assessor’s Parcel Number 058-083-06; and WHEREAS, on November 13, 2024, the Design Review Subcommittee, which serves as the Cultural Heritage Subcommittee of the Planning Commission, reviewed the application and recommended approval of HPPA 24-195 with preservation improvement conditions; and
WHEREAS, on December 10, 2024, the City Council held a duly noticed public hearing, and considered testimony of City staff, the applicant and property owner, and other interested parties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1: Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

SECTION 2: CEQA Findings. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review SECTION 3: Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City Council of the City of San Clemente, California approves HPPA 24-195.

SECTION 4: The City Council hereby approves HPPA 24-195, set forth in Exhibit 1, which is fully incorporated herein, and authorizes the Mayor to execute, and the City Clerk to record, the HPPA for the property at 143 Avenida Granada, after the required 41 Resolution No. 24-192 Page 2
application fee has been submitted to the City by the property owner, but no later than June 30, 2025.

SECTION 5: Certification. 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
42 Resolution No. 24-192 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. 24-192 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
43 Attachment 1 - Exhibit 1
Recording Requested by, and
when Recorded Mail to:

City Clerk
City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
This Agreement is recorded for the benefit of the City of San Clemente and is exempt from the payment of recording fees pursuant to Government Code Sections 6103 and 27383.

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of December, 2024, by and between the City of San Clemente (“City”), a municipal corporation of the State of California, and Christian and Kaitlin Wach, co-trustees of the Wach Family Trust (“Owner”).

RECITALS
WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor’s Parcel Number 058-083-06, located at 143 Avenida Granada, San Clemente, California 92672, more specifically described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Historic Property is a qualified historic property in that it is privately owned property which is not exempt from property taxation and is listed in the City’s Designated Historic Resources List, which is the City’s official register of historically significant sites adopted October 2, 2007 by Resolution 07-72 of the San Clemente City Council, as amended; and
WHEREAS, both City and Owner desire to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code; and WHEREAS, both City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property through the incentive of a potential property tax reduction; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to provisions of the aforementioned California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 44 AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290.

This agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes.

2. REASSESSMENT OF VALUATION. The determination of property valuation pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code, is in the sole discretion of the Orange County Tax Assessor’s Office. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character-defining features, as provided below. Characterdefining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the property. The Secretary of the Interior’s Standards for the Treatment of Historic Properties and minimum maintenance standards, attached hereto and incorporated herein by reference as Exhibit “B,” shall constitute the minimum standards and conditions for maintenance, use, and preservation of the Historic Property, and shall apply to the property throughout the term of this Agreement. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties, the City of San Clemente Design Guidelines and in accordance with the attached schedule of improvements, attached hereto and incorporated herein by reference as Exhibit “B”.

4. BUILDING CHANGES. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.

5. NOTIFICATION OF DIRECTOR. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, exterior repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s exterior appearance or use, or prior to commencing construction work.

6. PROHIBITED. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings without prior City approval; exterior alterations 45 or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance and design, as determined by the Community Development Director.

7. INSPECTIONS. Owner agrees to permit the periodic examination, by prior appointment, of the interior and exterior of the Historic Property by the County Assessor, the Department of Parks and Recreation, the State Board of Equalization and City as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. After five years and every five years thereafter, the City shall inspect the property to determine the owner’s continued compliance with the agreement.

8. PAYMENT OF INSPECTION FEE. Every five years from the commencement of the contract’s term, Owner shall pay City an inspection fee as provided in the City’s current Planning Fee Schedule, which fee does not exceed the reasonable cost of conducting ongoing and five-year site inspections to confirm compliance with the conditions of the agreement. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to each five-year inspection conducted by the Planning Division.

9. PAYMENT OF APPLICATION FEE. As a condition of executing the contract, Owner shall pay City a fee as provided in the City’s current Planning Fee Schedule, after City Council approval of the Agreement, which fee does not exceed the reasonable cost of administering City’s historical preservation program. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to the Agreement being executed by City.

10. TERM. The term of this Agreement shall be from December 10, 2024, to and including December 10, 2034.

11. AUTOMATIC RENEWAL. On each yearly anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), one year shall be added automatically to the initial term of this Agreement unless notice of non-renewal is given as provided in this Agreement.

12. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least 90 days, or by City to Owner at least 60 days, prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within 15 days of receipt by Owner of a notice of nonrenewal, Owner may make a written appeal of nonrenewal. Such appeal shall include, but is not limited to, a statement of the grounds on which the appeal is based. Upon receipt of such an appeal, the City Clerk shall set a hearing before the City Council prior to the annual renewal date of this Agreement, or following the renewal date at the earliest date such hearing can reasonably be held.

Owner may furnish the City Council with any information which the Owner deems 46 relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.

13. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period since the original execution, or the last renewal of the Agreement, as the case may be. Thereafter, this Agreement shall terminate.

14. FURNISHING OF INFORMATION. Owner shall furnish City with any information City shall require in order to enable City to determine eligibility of the property to be classified as a qualified Historic Property.

15. ENFORCEMENT OF AGREEMENT. In lieu of, and/or in addition to, any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement of violations of this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days after the date of the notice of violation, or within such reasonable time as may be required to cure the breach or default [provided that acts to cure the breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion], then City may, without further notice, declare a default under the terms of this Agreement and bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, including, but not limited to, bringing an action for injunctive relief against the Owner or for such other relief as may be appropriate.

The City has the option to either cancel the contract or bring action in court to enforce the contract, if the city determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. As an alternative to canceling the contract, a landowner that is a party to the contract may bring any action in court necessary to enforce the contract.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City or any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default thereunder.

16. CANCELLATION. City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the property in the manner specified in this Agreement.

17. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50284. Notice of the hearing shall be mailed to the last known address of each 47 owner of property on the City’s Designated Historic Structures List and shall be published in accordance with Government Code section 6061. Cancellation shall be effective on the date of Council adoption of a resolution cancelling the Agreement.

18. CANCELLATION FEE. If City cancels this Agreement in accordance with Sections 15 and 16 above, Owner shall pay a cancellation fee of twelve and one-half percent (12½%) of the full value of the property at the time of cancellation. The full value shall be determined by the County Assessor without regard to any restriction on the property imposed pursuant to this Agreement. The cancellation fee shall be paid to the Controller at such time and in such manner as the Controller shall prescribe in accordance with State law.

19. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

To City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
Attention: City Manager
To Owner: Christian S. Wach and Kaitlin R. Wach
(co-trustees of the Wach Family Trust)
217 Esplanade
San Clemente, CA 92672
Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

20. NO COMPENSATION. Owner shall not receive any payment from City in consideration of the obligations imposed under this Agreement, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be derived from the preservation and maintenance of historic resources and the right to reassessment under State law.

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement.

22. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint ventures or members of any joint enterprise. 48 23. INDEMNITY OF CITY.

The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and costs (including attorneys' fees) against the City, its officers, employees, or agents to attack, set aside, challenge, void, modify or annul any findings, approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost.

If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

24. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

25. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

26.AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.

27.FLEXIBLE PROPERTY IMPROVEMENT SCHEDULE. The Community Development Director (Director) or his/her designee has the authority to modify the timeline and/or the order for completing required property improvements, provided that the Director makes required findings per Resolution No. 11-68.

28. COMPLIANCE WITH APPLICABLE LAWS. During the term of this Agreement, Owner shall maintain and use the Historic Property in compliance with all applicable State and local statutes, ordinances, regulations and official policies; provided that, except as specifically set forth in Paragraph 3, nothing in this Agreement shall be deemed to require Owner to waive any vested rights or rights to continue to maintain a legally non-conforming structure or use existing as of the date of this Agreement.

IN WITNESS WHEREOF, the parties to this contract have caused their names to be affixed hereto on the day and year first written above. 49 City of San Clemente
By _________________________
Victor Cabral, Mayor
ATTEST:
__________________________________
Laura Campagnolo, City Clerk
By _________________________
Christian S. Wach, Property Owner
(Co-Trustee of the Wach Family Trust)
By _________________________
Kaitlin R. Wach, Property Owner
(Co-Trustee of the Wach Family Trust)
50 EXHIBIT A

HISTORIC PROPERTY LEGAL DESCRIPTION
Lot 16, Block 7 of Tract 779, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23, PAGES 19 TO 25 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 51 EXHIBIT B
SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT

OF HISTORIC PROPERTIES
Rehabilitation (making possible a compatible use for a property through repair, alterations and additions while preserving portions/features that convey its historical, cultural or architectural values)

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property.

The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Preservation (applying measures necessary to sustain the existing form, integrity and materials)

1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships.

Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken. 52 2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color and texture.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

Restoration (accurately depicting the form, features, and character of a property as it appeared at a particular period of time)

1. A property will be used as it was historically or be given a new use that interprets the property and its restoration period.

2. Materials and features from the restoration period will be retained and preserved.

The removal of materials or alteration of features, spaces and spatial relationships that characterize the period will not be undertaken.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.

6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.

8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
53 9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

10. Designs that were never executed historically will not be constructed.

Reconstruction (depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object at a specific time period in its historic location)

1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.

2. Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts that are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.

3. Reconstruction will include measures to preserve any remaining historic materials, features and spatial relationships.

4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the nonsurviving historic property in materials, design, color and texture.

5. A reconstruction will be clearly identified as a contemporary re-creation.

6. Designs that were never executed historically will not be constructed. 54 EXHIBIT C

CITY OF SAN CLEMENTE HISTORIC PROPERTY

MINIMUM MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or un-repaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation which is unsightly by reason if its height, condition, or its inappropriate location. 55 EXHIBIT D

HISTORIC PROPERTY IMPROVEMENTS TO BE COMPLETED
Historic property improvements due prior to and up to the date of sale or transfer of the property shall be completed prior to sale or transfer of the property.

Phase I - Complete by end of 2025

1. Landscaping. Trim trees and plants in front yard that are encroaching on the building exterior.

2. Clay Tile Roof (Residence & Garage). Engage a qualified structural engineer and/or roofing contractor experienced in working with historic properties to properly inspect roofs and make any recommendations got work with an implementation plan. Repair or replace in kind roofs in a timely and sensitive manner per recommendations made by contractor. Repair or replace in kind any broken, missing, or severely deteriorated clay tiles. If full re-roofing is required, existing clay tiles should be carefully removed and reinstalled.

3. Window (A/C Units). Remove the existing A/C window units which create condensation and can cause damage to wood window frames and sills. Window units may be replaced with alternative air conditioning solutions such as the installation of a through-wall A/C units or a central A/C system that will not require the damage of historic materials during installation.

4. Termite Report. Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present.

Phase II - Complete by end of 2026

5. Front Porch Tile Floor. Restore/replace Re-grout any visible cracks or separations using a grout mixture that matches the existing in terms of color and texture.

6. Glaze Ceramic Tiles (Front Porch Wall). Carefully remove overpaint from glazed ceramic tiles using the gentlest means possible. Re-grout any visible cracks or separations using a grout mixture that matches the existing in terms of color and texture.

7. Garage Doors. Realign and reinstall the garage doors to prevent vermin and water intrusion within the building. Ensure door hinge hardware is not damaged and operable. If the hinge hardware is damaged, repair or replace in kind.

Phase III - Complete by end of 2027

8. Front Porch Steps/Concrete Walkway. Investigate source of settling at porch steps and commence work as determined necessary to prevent further movement. Repair or replace in-kind uneven front porch steps by carefully removing tile from treads, 56 repouring concrete to correct uneven steps, reinstalling tile, and apply stucco finish to match existing. Replace in kind cracked concrete slab of walkway.

9. Concrete Driveway. Repair or replace in kind cracked concrete driveway. If applicable, inspect underground sewer and water pipes that may be below the driveway, and make necessary pipe repairs before completing driveway repairs to avoid removing a new driveway in the future due to pipe damage.

10.Vinyl Windows. Replace three vinyl windows, which are incompatible with the historic character of the property, with new wood windows installed within the existing openings. Selection of new windows to be based on documentary and/or physical evidence, such as existing originals.

Contract Duration

11.Landscaping Maintenance: Inspect landscaping at least once per year to ensure plants/ tree branches are kept trimmed away from building to prevent moisture/insect damage to exterior materials and surface finishes.

12.Exterior Stucco Maintenance: Inspect exterior stucco for damage such as visible hairline cracks. Patch as needed using stucco that matches the existing to create a cohesive finish.

13.Painted Wood Features Maintenance: Prep, patch, repair and repaint exterior wood elements (wood eaves, rafters, posts, beams) as needed in the same or historically appropriate color.

14.Wood Windows and Doors Maintenance: Gently scrape existing paint and make repairs to any deteriorated wood units. Inspect for proper operation and seal and make related repairs as needed. Repaint in the same or historically appropriate color.

15.Front Door Maintenance. Clean, condition, and re-stain front door as needed to ensure wood is protected from the elements.

16.Total Structure Maintenance. Treat property for termites and any other insects or pests, such as rats, thereby preventing damage to historic fabric as needed.

17. Annual Inspection Maintenance. Property owner shall inspect annually for termite, weather, or other damage and make related repairs in kind as needed. If deterioration necessitates replacement, features should be replaced in kind. 57 Attachment 2
RESOLUTION NO. 24-193

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING HISTORIC
PROPERTY PRESERVATION AGREEMENT 24-197 FOR THE
PROPERTY LOCATED AT 161 WEST MARQUITA AND

FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of San Clemente adopted Ordinance 1194 on October 15, 1977, which in Section 3, establishes procedures for property owners of designated historically significant structures to voluntarily enter into Historic Property Preservation Agreements in order to apply to receive property tax reductions as an incentive for historic preservation; and
WHEREAS, on April 25, 2024, an application was submitted by Christian S. Wach and Kaitlin R. Wach (co-trustees of Wach Family Trust), 217 Esplanade, San Clemente, CA 92672, the owner of a designated historically significant structure, to enter into an Historic Property Preservation Agreement (HPPA) for the property located at 161 West Marquita, the legal description being N TR 793 BLK 16 LOT 34, in the City of San Clemente, with Assessor’s Parcel Number 058-133-01; and WHEREAS, on November 13, 2024, the Design Review Subcommittee, which serves as the Cultural Heritage Subcommittee of the Planning Commission, reviewed the application and recommended approval of HPPA 24-197 with preservation improvement conditions; and
WHEREAS, on December 10, 2024, the City Council held a duly noticed public hearing, and considered testimony of City staff, the applicant and property owner, and other interested parties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1: Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

SECTION 2: CEQA Findings. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review.

SECTION 3: Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City Council of the City of San Clemente, California approves HPPA 24-197.

SECTION 4: The City Council hereby approves HPPA 24-197, set forth in Exhibit 1, which is fully incorporated herein, and authorizes the Mayor to execute, and the City Clerk to record, the HPPA for the property at 161 West Marquita, after the required 58 Resolution No. 24-193 Page 2
application fee has been submitted to the City by the property owner, but no later than June 30, 2025.

SECTION 5: Certification. 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
59 Resolution No. 24-193 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. 24-193 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
60 Attachment 2 – Exhibit 1
Recording Requested by, and
when Recorded Mail to:

City Clerk
City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
This Agreement is recorded for the benefit of the City of San Clemente and is exempt from the payment of recording fees pursuant to Government Code Sections 6103 and 27383.

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of December, 2024, by and between the City of San Clemente (“City”), a municipal corporation of the State of California, and Christian S. Wach and Kaitlin R. Wach, co-trustees of Wach Family Trust (“Owner”).

RECITALS
WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor’s Parcel Number 058-133-01, located at 161 West Marquita, San Clemente, California 92672, more specifically described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Historic Property is a qualified historic property in that it is privately owned property which is not exempt from property taxation and is listed in the City’s Designated Historic Resources List, which is the City’s official register of historically significant sites adopted October 2, 2007 by Resolution 07-72 of the San Clemente City Council, as amended; and
WHEREAS, both City and Owner desire to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code; and WHEREAS, both City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property through the incentive of a potential property tax reduction; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to provisions of the aforementioned California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 61 AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290.

This agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes.

2. REASSESSMENT OF VALUATION. The determination of property valuation pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code, is in the sole discretion of the Orange County Tax Assessor’s Office. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character-defining features, as provided below. Characterdefining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the property. The Secretary of the Interior’s Standards for the Treatment of Historic Properties and minimum maintenance standards, attached hereto and incorporated herein by reference as Exhibit “B,” shall constitute the minimum standards and conditions for maintenance, use, and preservation of the Historic Property, and shall apply to the property throughout the term of this Agreement. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties, the City of San Clemente Design Guidelines and in accordance with the attached schedule of improvements, attached hereto and incorporated herein by reference as Exhibit “B”.

4. BUILDING CHANGES. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.

5. NOTIFICATION OF DIRECTOR. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, exterior repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s exterior appearance or use, or prior to commencing construction work.

6. PROHIBITED. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings without prior City approval; exterior alterations 62 or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance and design, as determined by the Community Development Director.

7. INSPECTIONS. Owner agrees to permit the periodic examination, by prior appointment, of the interior and exterior of the Historic Property by the County Assessor, the Department of Parks and Recreation, the State Board of Equalization and City as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. After five years and every five years thereafter, the City shall inspect the property to determine the owner’s continued compliance with the agreement.

8. PAYMENT OF INSPECTION FEE. Every five years from the commencement of the contract’s term, Owner shall pay City an inspection fee as provided in the City’s current Planning Fee Schedule, which fee does not exceed the reasonable cost of conducting ongoing and five-year site inspections to confirm compliance with the conditions of the agreement. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to each five-year inspection conducted by the Planning Division.

9. PAYMENT OF APPLICATION FEE. As a condition of executing the contract, Owner shall pay City a fee as provided in the City’s current Planning Fee Schedule, after City Council approval of the Agreement, which fee does not exceed the reasonable cost of administering City’s historical preservation program. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to the Agreement being executed by City.

10. TERM. The term of this Agreement shall be from December 10, 2024, to and including December 10, 2034.

11. AUTOMATIC RENEWAL. On each yearly anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), one year shall be added automatically to the initial term of this Agreement unless notice of non-renewal is given as provided in this Agreement.

12. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least 90 days, or by City to Owner at least 60 days, prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within 15 days of receipt by Owner of a notice of nonrenewal, Owner may make a written appeal of nonrenewal. Such appeal shall include, but is not limited to, a statement of the grounds on which the appeal is based. Upon receipt of such an appeal, the City Clerk shall set a hearing before the City Council prior to the annual renewal date of this Agreement, or following the renewal date at the earliest date such hearing can reasonably be held.

Owner may furnish the City Council with any information which the Owner deems 63 relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.

13. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period since the original execution, or the last renewal of the Agreement, as the case may be. Thereafter, this Agreement shall terminate.

14. FURNISHING OF INFORMATION. Owner shall furnish City with any information City shall require in order to enable City to determine eligibility of the property to be classified as a qualified Historic Property.

15. ENFORCEMENT OF AGREEMENT. In lieu of, and/or in addition to, any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement of violations of this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days after the date of the notice of violation, or within such reasonable time as may be required to cure the breach or default [provided that acts to cure the breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion], then City may, without further notice, declare a default under the terms of this Agreement and bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, including, but not limited to, bringing an action for injunctive relief against the Owner or for such other relief as may be appropriate.

The City has the option to either cancel the contract or bring action in court to enforce the contract, if the city determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. As an alternative to canceling the contract, a landowner that is a party to the contract may bring any action in court necessary to enforce the contract.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City or any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default thereunder.

16. CANCELLATION. City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the property in the manner specified in this Agreement.

17. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50284. Notice of the hearing shall be mailed to the last known address of each 64 owner of property on the City’s Designated Historic Structures List and shall be published in accordance with Government Code section 6061. Cancellation shall be effective on the date of Council adoption of a resolution cancelling the Agreement.

18. CANCELLATION FEE. If City cancels this Agreement in accordance with Sections 15 and 16 above, Owner shall pay a cancellation fee of twelve and one-half percent (12½%) of the full value of the property at the time of cancellation. The full value shall be determined by the County Assessor without regard to any restriction on the property imposed pursuant to this Agreement. The cancellation fee shall be paid to the Controller at such time and in such manner as the Controller shall prescribe in accordance with State law.

19. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

To City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
Attention: City Manager
To Owner: Christian S. Wach and Kaitlin R. Wach
(Co-Trustees of Wach Family Trust)
217 Esplanade
San Clemente, CA 92672
Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

20. NO COMPENSATION. Owner shall not receive any payment from City in consideration of the obligations imposed under this Agreement, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be derived from the preservation and maintenance of historic resources and the right to reassessment under State law.

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement.

22. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint ventures or members of any joint enterprise. 65 23. INDEMNITY OF CITY.

The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and costs (including attorneys' fees) against the City, its officers, employees, or agents to attack, set aside, challenge, void, modify or annul any findings, approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost.

If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

24. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

25. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

26.AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.

27.FLEXIBLE PROPERTY IMPROVEMENT SCHEDULE. The Community Development Director (Director) or his/her designee has the authority to modify the timeline and/or the order for completing required property improvements, provided that the Director makes required findings per Resolution No. 11-68.

28. COMPLIANCE WITH APPLICABLE LAWS. During the term of this Agreement, Owner shall maintain and use the Historic Property in compliance with all applicable State and local statutes, ordinances, regulations and official policies; provided that, except as specifically set forth in Paragraph 3, nothing in this Agreement shall be deemed to require Owner to waive any vested rights or rights to continue to maintain a legally non-conforming structure or use existing as of the date of this Agreement.

IN WITNESS WHEREOF, the parties to this contract have caused their names to be affixed hereto on the day and year first written above. 66 City of San Clemente
By _________________________
Victor Cabral, Mayor
ATTEST:
__________________________________
Laura Campagnolo, City Clerk
By _________________________
Christian S. Wach, Property Owner
(Co-Trustee of the Wach Family Trust)
By _________________________
Kaitlin R. Wach, Property Owner
(Co-Trustee of the Wach Family Trust)
67 EXHIBIT A

HISTORIC PROPERTY LEGAL DESCRIPTION
Lot 34, Block 16 of Tract 793, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGES 1 THROUGH 5 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 68 EXHIBIT B
SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT

OF HISTORIC PROPERTIES
Rehabilitation (making possible a compatible use for a property through repair, alterations and additions while preserving portions/features that convey its historical, cultural or architectural values)

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property.

The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Preservation (applying measures necessary to sustain the existing form, integrity and materials)

1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships.

Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken. 69 2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color and texture.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

Restoration (accurately depicting the form, features, and character of a property as it appeared at a particular period of time)

1. A property will be used as it was historically or be given a new use that interprets the property and its restoration period.

2. Materials and features from the restoration period will be retained and preserved.

The removal of materials or alteration of features, spaces and spatial relationships that characterize the period will not be undertaken.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.

6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.

8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
70 9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

10. Designs that were never executed historically will not be constructed.

Reconstruction (depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object at a specific time period in its historic location)

1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.

2. Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts that are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.

3. Reconstruction will include measures to preserve any remaining historic materials, features and spatial relationships.

4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the nonsurviving historic property in materials, design, color and texture.

5. A reconstruction will be clearly identified as a contemporary re-creation.

6. Designs that were never executed historically will not be constructed. 71 EXHIBIT C

CITY OF SAN CLEMENTE HISTORIC PROPERTY

MINIMUM MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or un-repaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation which is unsightly by reason if its height, condition, or its inappropriate location. 72 EXHIBIT D

HISTORIC PROPERTY IMPROVEMENTS TO BE COMPLETED
Historic property improvements due prior to and up to the date of sale or transfer of the property shall be completed prior to sale or transfer of the property.

Phase I - Complete by end of 2025

1. Chimney. Engage the services of a structural engineer or chimney specialist with experience in historic preservation to inspect the existing condition of the chimney and prepare a report with an implementation plan for recommended work. Commence and complete any necessary work to ensure the chimney is structurally sound and weathertight. Work should be completed without damage to historic fabric to the greatest extent feasible.

2. Chimney Fire Ash Box (Residence & Garage). Replace missing fire ash box cover at base of chimney (see Photo 10) with historically appropriate option that is compatible with the historic character of the property in terms of style and materials.

3. Clay Tile Attic Vent Mesh. Install mesh within interior of clay vents where missing.

Remove existing visible mesh, which was inappropriately installed, and reinstall new mesh in a manner such that it is concealed from view.

4. Clay Tile Attic Vent Finish. Gently remove existing paint from clay tile vents that were previously inappropriately painted and restore historic, unpainted finish or re-paint vents in color to create the historic appearance of red clay.

5. Termite Report. Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present.

Phase II - Complete by end of 2026

6. Wood Windows (South Elevation): Wood of lower window sash appears to be deteriorated beneath built up layers of paint. Gently scrape existing paint and inspect condition of wood. Repair or replace in kind any deteriorated wood units and repaint.

7. Brick Hardscape (East Yard): Engage a qualified structural engineer or soils engineer experienced in working with historic properties to properly inspect the brick patio that is sloping toward the canyon and make recommendations with an implementation plan. Execute any recommended work to ensure the property is structural sound and has property drainage.

Contract Duration

8. Gutters/Downspouts Maintenance: Regularly clean gutters and downspouts of debris to ensure roof has property drainage and water is diverted away from the building. 73 9. Roof Maintenance: Inspect roof and regularly clear of any built-up debris. Repair or replace in kind any damaged or missing clay tiles as needed.

10.Landscape Maintenance: Inspect landscaping at least once per year to ensure plants/tree branches are kept trimmed away from building to prevent moisture/insect damage to exterior materials and surface finishes.

11.Wood Windows and Doors Maintenance: Gently scrape existing paint and make repairs to any deteriorated wood units. Inspect for proper operation and seal and make related repairs as needed. Repaint in the same or historically appropriate color.

12.Exterior Wood Features Maintenance: Prep, patch, repair and repaint exterior wood elements (wood eaves, rafters, posts, and beams) as needed in the same or historically appropriate color.

13.Wrought Iron Elements Maintenance: Maintain wrought iron railings and decorative details on south elevation by gently removing built up layers of paint, cleaning of corrosion, and reapply protective coat as needed.

14.Exterior Stucco Maintenance: Inspect exterior stucco for damage such as visible hairline cracks. Patch as needed using stucco that matches the existing to create a cohesive finish.

15.Tile Hardscape Maintenance. Repair or replace in kind any individual damaged patios/walkway tiles as needed.

16.Total Structure Maintenance. Treat property for termites and any other insects or pests, such as rats, thereby preventing damage to historic fabric as needed.

17. Annual Inspection Maintenance. Property owner shall inspect annually for termite, weather, or other damage and make related repairs in kind as needed. If deterioration necessitates replacement, features should be replaced in kind. 74 Attachment 3
RESOLUTION NO. 24-194

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING HISTORIC
PROPERTY PRESERVATION AGREEMENT 24-273 FOR THE
PROPERTY LOCATED AT 304 AVENIDA SIERRA AND

FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of San Clemente adopted Ordinance 1194 on October 15, 1977, which in Section 3, establishes procedures for property owners of designated historically significant structures to voluntarily enter into Historic Property Preservation Agreements in order to apply to receive property tax reductions as an incentive for historic preservation; and
WHEREAS, on June 4, 2024, an application was submitted by Laura Bevill, 304 Avenida Sierra, San Clemente, CA 92672, the owner of a designated historically significant structure, to enter into an Historic Property Preservation Agreement (HPPA) for the property located at 304 Avenida Sierra, the legal description being N TR 853 BLK LOT 57, in the City of San Clemente, with Assessor’s Parcel Number 692-102-09; and WHEREAS, on November 13, 2024, the Design Review Subcommittee, which serves as the Cultural Heritage Subcommittee of the Planning Commission, reviewed the application and recommended approval of HPPA 24-273 with preservation improvement conditions; and
WHEREAS, on December 10, 2024, the City Council held a duly noticed public hearing, and considered testimony of City staff, the applicant and property owner, and other interested parties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1: Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

SECTION 2: CEQA Findings. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review.

SECTION 3: Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City Council of the City of San Clemente, California approves HPPA 24-273.

SECTION 4: The City Council hereby approves HPPA 24-273, set forth in Exhibit 1, which is fully incorporated herein, and authorizes the Mayor to execute, and the City Clerk to record, the HPPA for the property at 304 Avenida Sierra, after the required application fee has been submitted to the City by the property owner, but not later than June 30, 2025.
75 Resolution No. 24-194 Page 2
SECTION 5: Certification. 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
76 Resolution No. 24-194 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. 24-194 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
77 Attachment 3 – Exhibit 1
Recording Requested by, and
when Recorded Mail to:

City Clerk
City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
This Agreement is recorded for the benefit of the City of San Clemente and is exempt from the payment of recording fees pursuant to Government Code Sections 6103 and 27383.

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of December, 2024, by and between the City of San Clemente (“City”), a municipal corporation of the State of California, and Laura Bevill (“Owner”).

RECITALS
WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor’s Parcel Number 692-102-09, located at 304 Avenida Sierra, San Clemente, California 92672, more specifically described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Historic Property is a qualified historic property in that it is privately owned property which is not exempt from property taxation and is listed in the City’s Designated Historic Resources List, which is the City’s official register of historically significant sites adopted October 2, 2007 by Resolution 07-72 of the San Clemente City Council, as amended; and
WHEREAS, both City and Owner desire to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code; and WHEREAS, both City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property through the incentive of a potential property tax reduction; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to provisions of the aforementioned California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 78 AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290.

This agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes.

2. REASSESSMENT OF VALUATION. The determination of property valuation pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code, is in the sole discretion of the Orange County Tax Assessor’s Office. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character-defining features, as provided below. Characterdefining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the property. The Secretary of the Interior’s Standards for the Treatment of Historic Properties and minimum maintenance standards, attached hereto and incorporated herein by reference as Exhibit “B,” shall constitute the minimum standards and conditions for maintenance, use, and preservation of the Historic Property, and shall apply to the property throughout the term of this Agreement. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties, the City of San Clemente Design Guidelines and in accordance with the attached schedule of improvements, attached hereto and incorporated herein by reference as Exhibit “B”.

4. BUILDING CHANGES. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.

5. NOTIFICATION OF DIRECTOR. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, exterior repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s exterior appearance or use, or prior to commencing construction work.
79 6. PROHIBITED. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings without prior City approval; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance and design, as determined by the Community Development Director.

7. INSPECTIONS. Owner agrees to permit the periodic examination, by prior appointment, of the interior and exterior of the Historic Property by the County Assessor, the Department of Parks and Recreation, the State Board of Equalization and City as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. After five years and every five years thereafter, the City shall inspect the property to determine the owner’s continued compliance with the agreement.

8. PAYMENT OF INSPECTION FEE. Every five years from the commencement of the contract’s term, Owner shall pay City an inspection fee as provided in the City’s current Planning Fee Schedule, which fee does not exceed the reasonable cost of conducting ongoing and five-year site inspections to confirm compliance with the conditions of the agreement. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to each five-year inspection conducted by the Planning Division.

9. PAYMENT OF APPLICATION FEE. As a condition of executing the contract, Owner shall pay City a fee as provided in the City’s current Planning Fee Schedule, after City Council approval of the Agreement, which fee does not exceed the reasonable cost of administering City’s historical preservation program. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to the Agreement being executed by City.

10. TERM. The term of this Agreement shall be from December 10, 2024, to and including December 10, 2034.

11. AUTOMATIC RENEWAL. On each yearly anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), one year shall be added automatically to the initial term of this Agreement unless notice of non-renewal is given as provided in this Agreement.

12. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least 90 days, or by City to Owner at least 60 days, prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within 15 days of receipt by Owner of a notice of nonrenewal, Owner may make a written appeal of nonrenewal. Such appeal shall include, but is not limited to, a statement of the grounds on which the appeal is based. Upon receipt of such an appeal, the City Clerk shall set a 80 hearing before the City Council prior to the annual renewal date of this Agreement, or following the renewal date at the earliest date such hearing can reasonably be held.

Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.

13. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period since the original execution, or the last renewal of the Agreement, as the case may be. Thereafter, this Agreement shall terminate.

14. FURNISHING OF INFORMATION. Owner shall furnish City with any information City shall require in order to enable City to determine eligibility of the property to be classified as a qualified Historic Property.

15. ENFORCEMENT OF AGREEMENT. In lieu of, and/or in addition to, any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement of violations of this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days after the date of the notice of violation, or within such reasonable time as may be required to cure the breach or default [provided that acts to cure the breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion], then City may, without further notice, declare a default under the terms of this Agreement and bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, including, but not limited to, bringing an action for injunctive relief against the Owner or for such other relief as may be appropriate.

The City has the option to either cancel the contract or bring action in court to enforce the contract, if the city determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. As an alternative to canceling the contract, a landowner that is a party to the contract may bring any action in court necessary to enforce the contract.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City or any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default thereunder.

16. CANCELLATION. City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a 81 qualified historic property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the property in the manner specified in this Agreement.

17. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50284. Notice of the hearing shall be mailed to the last known address of each owner of property on the City’s Designated Historic Structures List and shall be published in accordance with Government Code section 6061. Cancellation shall be effective on the date of Council adoption of a resolution cancelling the Agreement.

18. CANCELLATION FEE. If City cancels this Agreement in accordance with Sections 15 and 16 above, Owner shall pay a cancellation fee of twelve and one-half percent (12½%) of the full value of the property at the time of cancellation. The full value shall be determined by the County Assessor without regard to any restriction on the property imposed pursuant to this Agreement. The cancellation fee shall be paid to the Controller at such time and in such manner as the Controller shall prescribe in accordance with State law.

19. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

To City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
Attention: City Manager
To Owner: Laura Bevill
304 Avenida Sierra
San Clemente, CA 92672
Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

20. NO COMPENSATION. Owner shall not receive any payment from City in consideration of the obligations imposed under this Agreement, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be derived from the preservation and maintenance of historic resources and the right to reassessment under State law.

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement.
82 22. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint ventures or members of any joint enterprise.

23. INDEMNITY OF CITY.

The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and costs (including attorneys' fees) against the City, its officers, employees, or agents to attack, set aside, challenge, void, modify or annul any findings, approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost.

If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

24. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

25. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

26.AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.

27.FLEXIBLE PROPERTY IMPROVEMENT SCHEDULE. The Community Development Director (Director) or his/her designee has the authority to modify the timeline and/or the order for completing required property improvements, provided that the Director makes required findings per Resolution No. 11-68.

28. COMPLIANCE WITH APPLICABLE LAWS. During the term of this Agreement, Owner shall maintain and use the Historic Property in compliance with all applicable State and local statutes, ordinances, regulations and official policies; provided that, except as specifically set forth in Paragraph 3, nothing in this Agreement shall be deemed to require Owner to waive any vested rights or rights to continue to maintain a legally non-conforming structure or use existing as of the date of this Agreement. 83 IN WITNESS WHEREOF, the parties to this contract have caused their names to be affixed hereto on the day and year first written above.

City of San Clemente
By _________________________
Victor Cabral, Mayor
ATTEST:
__________________________________
Laura Campagnolo, City Clerk
By _________________________
Laura Bevill, Property Owner
84 EXHIBIT A

HISTORIC PROPERTY LEGAL DESCRIPTION
N TR 853 BLK LOT 57, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 27 PAGE 14 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
85 EXHIBIT B
SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT

OF HISTORIC PROPERTIES
Rehabilitation (making possible a compatible use for a property through repair, alterations and additions while preserving portions/features that convey its historical, cultural or architectural values)

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property.

The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Preservation (applying measures necessary to sustain the existing form, integrity and materials)

1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships. 86 Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.

2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color and texture.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

Restoration (accurately depicting the form, features, and character of a property as it appeared at a particular period of time)

1. A property will be used as it was historically or be given a new use that interprets the property and its restoration period.

2. Materials and features from the restoration period will be retained and preserved.

The removal of materials or alteration of features, spaces and spatial relationships that characterize the period will not be undertaken.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.

6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.
87 8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

10. Designs that were never executed historically will not be constructed.

Reconstruction (depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object at a specific time period in its historic location)

1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.

2. Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts that are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.

3. Reconstruction will include measures to preserve any remaining historic materials, features and spatial relationships.

4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the nonsurviving historic property in materials, design, color and texture.

5. A reconstruction will be clearly identified as a contemporary re-creation.

6. Designs that were never executed historically will not be constructed. 88 EXHIBIT C

CITY OF SAN CLEMENTE HISTORIC PROPERTY

MINIMUM MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or un-repaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation which is unsightly by reason if its height, condition, or its inappropriate location. 89 EXHIBIT D

HISTORIC PROPERTY IMPROVEMENTS TO BE COMPLETED
Historic property improvements due prior to and up to the date of sale or transfer of the property shall be completed prior to sale or transfer of the property.

Phase I - Complete by end of 2025

1. Foundation and Driveway Archway. Engage a qualified structural engineer experienced in working with historic properties to properly inspect the foundation and archway over the driveway and make recommendations with an implementation plan.

Execute any recommended work to ensure the foundation and archway are structurally sound and weathertight. Work to be completed in a sensitive manner to avoid causing damage to the historic fabric or visually impacting the historic building.

2. Clay Tile Roof (Residence & Garage). Engage a qualified structural engineer and/or roofing contractor experienced in working with historic properties to properly inspect roofs and make any recommendations for work with an implementation plan. Repair or replace in kind roofs in a timely and sensitive manner per recommendations made by contractor. Repair or replace in kind any broken, missing, or severity deteriorated clay tiles. If full re-roofing is required, existing clay tiles should be carefully removed and reinstalled.

3. Crawlspace Covers. Repair loose crawlspace covers where damaged to ensure openings are properly sealed to prevent debris and/or rodents from entering space and causing damage to structure and/or historic fabric.

4. Clay Tile Attic Vents. Gently remove existing paint from clay tile attic vents that were previously inappropriately painted, and restore historic, unpainted finish or re-paint vents in color to create the historic appearance of red clay. Install mesh within interior of clay vents so mesh is appropriately concealed from view.

5. Chimney. Engage the services of a structural engineer or chimney specialist with experience in historic preservation to inspect the existing condition of the chimney and prepare a report with an implementation plan for recommended work. Commence and complete any necessary work to ensure the chimney is structurally sound and weathertight (i.e. chimney cap, flashing, etc.). Work should be completed without damage to historic fabric to the greatest extent feasible.

6. Termite Report. Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present.

Phase II - Complete by end of 2026

7. Exposed Rafter Tails (Residence and Garage). Apply protective paint or stain finish to exposed wood rafter tails.
90 8. Front Porch Tile. Repair or replace in kind any individual damaged tiles. Re-grout any visible cracks, separations, or discolored grout using a grout mixture that matches the existing in terms of color and texture.

9. Front Door. Investigate condition of front door woodwork by testing paint removal to determine original finish. If determined appropriate, carefully remove paint using the gentlest means possible and refinish wood with stain, or to original appearance as determined by investigative work.

Phase III - Complete by end of 2027

10.Garage. Remove vegetation away from north, east, and south elevations of building.

11.Garage. Replace metal roll-up garage doors with historically appropriate doors.

12.Garage. Replace two non-original, incompatible contemporary hollow-core doors with new options that are more compatible with the historic character of the property in terms of style and materials.

Phase IV - Complete by end of 2028

13.Hardscaping. Repaint non-original hardscaping along the south yard that is in poor condition or replace with new option that historically compatible with the property in terms of style and materials.

14.Capped Lighting. Remove any obsolete utility equipment including exposed capped lighting (south elevation).

15.Electrical Box (West Elevation). Improve appearance of existing equipment by relocating to less visible area and/or concealing within appropriately designed utility boxes, painted to match residence.

16.Non-Original Porch Light. Replace non-original porch light with new option that is more compatible with the historic character of the property in terms of style and materials.

17.Ceramic Tiles (Garage, East Elevation). Investigate and conduct research to determine whether the existing glazed ceramic tiles on the east elevation of the garage are original/have historical significance. Retain and maintain or remove as determined by investigative work.

Phase V – Ongoing Maintenance

18.Landscaping. Inspect landscaping at least once per year to ensure plants/branches are kept trimmed away from building to prevent moisture/insect damage and debris build-up to structure, exterior materials, and finishes.

19.Painted Wood Features. Prep, patch, repair and repaint exterior wood elements (wood eaves, rafters, posts, beams) as needed in the same or historically appropriate color 91 .

20.Windows and Doors. Gently scrape existing paint, remove previously installed weatherproofing, inspect wood, and make any necessary repairs to wood windows and frames. Fill damaged areas with epoxy or by splicing larger damaged wood sections and replacing in kind. Replace any cracked or broken glazing in kind. Repaint frames and sills in the same or historically appropriate color to keep wood protected from moisture and sun damage. Ensure any frames of window screens are wood and painted to match. Inspect for proper operation and seal and make related repairs as needed.

21.Exterior Stucco (Residence & Garage). Inspect exterior stucco for damage such as visible hairline cracks. Patch as needed using stucco that matches the existing to create a cohesive finish.

22.Roof. Inspect roof regularly and clear of debris. Repair or replace in kind any damaged or missing clay tiles as needed.

23.Termite and Pest Control. Treat property for termites and any other insects or pests, such as rats, thereby preventing damage to historic fabric. Professional termite reports should be submitted to the City at least once every 5 years.

24.General Building Upkeep. Property owner should inspect annually for termite, weather, or other damage and make related repairs in kind as needed to primary and accessory buildings. If deterioration necessitates replacement, features should be replaced in kind.
92 Attachment 4
RESOLUTION NO. 24-195

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING HISTORIC
PROPERTY PRESERVATION AGREEMENT 24-390 FOR THE
PROPERTY LOCATED AT 210 WEST MARIPOSA AND

FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of San Clemente adopted Ordinance 1194 on October 15, 1977, which in Section 3, establishes procedures for property owners of designated historically significant structures to voluntarily enter into Historic Property Preservation Agreements in order to apply to receive property tax reductions as an incentive for historic preservation; and
WHEREAS, on July 10, 2024, an application was submitted by Kristy Khachigian, 146 West Avenida Alessandro, San Clemente, CA 92672, the owner of a designated historically significant structure, to enter into an Historic Property Preservation Agreement (HPPA) for the property located at 210 West Mariposa, the legal description being N TR 793 BLK 20 LOT 4, in the City of San Clemente, with Assessor’s Parcel Number 692- 073-04; and
WHEREAS, on November 13, 2024, the Design Review Subcommittee, which serves as the Cultural Heritage Subcommittee of the Planning Commission, reviewed the application and recommended approval of HPPA 24-390 with preservation improvement conditions; and
WHEREAS, on December 10, 2024, the City Council held a duly noticed public hearing, and considered testimony of City staff, the applicant and property owner, and other interested parties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1: Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

SECTION 2: CEQA Findings. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review.

SECTION 3: Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City Council of the City of San Clemente, California approves HPPA 24-390.

SECTION 4: The City Council hereby approves HPPA 24-390, set forth in Exhibit 1, which is fully incorporated herein, and authorizes the Mayor to execute, and the City Clerk to record, the HPPA for the property at 210 West Mariposa, after the required 93 Resolution No. 24-195 Page 2
application fee has been submitted to the City by the property owner, but not later than June 30, 2025.

SECTION 5: Certification. 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
94 Resolution No. 24-195 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. 24-195 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
95 Attachment 4 – Exhibit 1
Recording Requested by, and
when Recorded Mail to:

City Clerk
City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
This Agreement is recorded for the benefit of the City of San Clemente and is exempt from the payment of recording fees pursuant to Government Code Sections 6103 and 27383.

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of December, 2024, by and between the City of San Clemente (“City”), a municipal corporation of the State of California, and Kristy E. Khachigian (“Owner”).

RECITALS
WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor’s Parcel Number 692-073-04, located at 210 West Mariposa, San Clemente, California 92672, more specifically described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Historic Property is a qualified historic property in that it is privately owned property which is not exempt from property taxation and is listed in the City’s Designated Historic Resources List, which is the City’s official register of historically significant sites adopted October 2, 2007 by Resolution 07-72 of the San Clemente City Council, as amended; and
WHEREAS, both City and Owner desire to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code; and WHEREAS, both City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property through the incentive of a potential property tax reduction; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to provisions of the aforementioned California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 96 AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290.

This agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes.

2. REASSESSMENT OF VALUATION. The determination of property valuation pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code, is in the sole discretion of the Orange County Tax Assessor’s Office. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character-defining features, as provided below. Characterdefining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the property. The Secretary of the Interior’s Standards for the Treatment of Historic Properties and minimum maintenance standards, attached hereto and incorporated herein by reference as Exhibit “B,” shall constitute the minimum standards and conditions for maintenance, use, and preservation of the Historic Property, and shall apply to the property throughout the term of this Agreement. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties, the City of San Clemente Design Guidelines and in accordance with the attached schedule of improvements, attached hereto and incorporated herein by reference as Exhibit “B”.

4. BUILDING CHANGES. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.

5. NOTIFICATION OF DIRECTOR. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, exterior repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s exterior appearance or use, or prior to commencing construction work.
97 6. PROHIBITED. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings without prior City approval; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance and design, as determined by the Community Development Director.

7. INSPECTIONS. Owner agrees to permit the periodic examination, by prior appointment, of the interior and exterior of the Historic Property by the County Assessor, the Department of Parks and Recreation, the State Board of Equalization and City as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. After five years and every five years thereafter, the City shall inspect the property to determine the owner’s continued compliance with the agreement.

8. PAYMENT OF INSPECTION FEE. Every five years from the commencement of the contract’s term, Owner shall pay City an inspection fee as provided in the City’s current Planning Fee Schedule, which fee does not exceed the reasonable cost of conducting ongoing and five-year site inspections to confirm compliance with the conditions of the agreement. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to each five-year inspection conducted by the Planning Division.

9. PAYMENT OF APPLICATION FEE. As a condition of executing the contract, Owner shall pay City a fee as provided in the City’s current Planning Fee Schedule, after City Council approval of the Agreement, which fee does not exceed the reasonable cost of administering City’s historical preservation program. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to the Agreement being executed by City.

10. TERM. The term of this Agreement shall be from December 10, 2024, to and including December 10, 2034.

11. AUTOMATIC RENEWAL. On each yearly anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), one year shall be added automatically to the initial term of this Agreement unless notice of non-renewal is given as provided in this Agreement.

12. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least 90 days, or by City to Owner at least 60 days, prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within 15 days of receipt by Owner of a notice of nonrenewal, Owner may make a written appeal of nonrenewal. Such appeal shall include, but is not limited to, a statement of the grounds on which the appeal is based. Upon receipt of such an appeal, the City Clerk shall set a 98 hearing before the City Council prior to the annual renewal date of this Agreement, or following the renewal date at the earliest date such hearing can reasonably be held.

Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.

13. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period since the original execution, or the last renewal of the Agreement, as the case may be. Thereafter, this Agreement shall terminate.

14. FURNISHING OF INFORMATION. Owner shall furnish City with any information City shall require in order to enable City to determine eligibility of the property to be classified as a qualified Historic Property.

15. ENFORCEMENT OF AGREEMENT. In lieu of, and/or in addition to, any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement of violations of this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days after the date of the notice of violation, or within such reasonable time as may be required to cure the breach or default [provided that acts to cure the breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion], then City may, without further notice, declare a default under the terms of this Agreement and bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, including, but not limited to, bringing an action for injunctive relief against the Owner or for such other relief as may be appropriate.

The City has the option to either cancel the contract or bring action in court to enforce the contract, if the city determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. As an alternative to canceling the contract, a landowner that is a party to the contract may bring any action in court necessary to enforce the contract.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City or any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default thereunder.

16. CANCELLATION. City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a 99 qualified historic property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the property in the manner specified in this Agreement.

17. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50284. Notice of the hearing shall be mailed to the last known address of each owner of property on the City’s Designated Historic Structures List and shall be published in accordance with Government Code section 6061. Cancellation shall be effective on the date of Council adoption of a resolution cancelling the Agreement.

18. CANCELLATION FEE. If City cancels this Agreement in accordance with Sections 15 and 16 above, Owner shall pay a cancellation fee of twelve and one-half percent (12½%) of the full value of the property at the time of cancellation. The full value shall be determined by the County Assessor without regard to any restriction on the property imposed pursuant to this Agreement. The cancellation fee shall be paid to the Controller at such time and in such manner as the Controller shall prescribe in accordance with State law.

19. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

To City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
Attention: City Manager
To Owner: Kristy E. Khachigian
146 West Avenida Alessandro
San Clemente, CA 92672
Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

20. NO COMPENSATION. Owner shall not receive any payment from City in consideration of the obligations imposed under this Agreement, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be derived from the preservation and maintenance of historic resources and the right to reassessment under State law.

21. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement.
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22. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint ventures or members of any joint enterprise.

23. INDEMNITY OF CITY.

The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and costs (including attorneys' fees) against the City, its officers, employees, or agents to attack, set aside, challenge, void, modify or annul any findings, approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost.

If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

24. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

25. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

26.AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto.

27.FLEXIBLE PROPERTY IMPROVEMENT SCHEDULE. The Community Development Director (Director) or his/her designee has the authority to modify the timeline and/or the order for completing required property improvements, provided that the Director makes required findings per Resolution No. 11-68.

28.COMPLIANCE WITH APPLICABLE LAWS. During the term of this Agreement, Owner shall maintain and use the Historic Property in compliance with all applicable State and local statutes, ordinances, regulations and official policies; provided that, except as specifically set forth in Paragraph 3, nothing in this Agreement shall be deemed to require Owner to waive any vested rights or rights to continue to maintain a legally nonconforming structure or use existing as of the date of this Agreement. 101
IN WITNESS WHEREOF, the parties to this contract have caused their names to be affixed hereto on the day and year first written above.

City of San Clemente
By _________________________
Victor Cabral, Mayor
ATTEST:
__________________________________
Laura Campagnolo, City Clerk
By _________________________
Kristy E. Khachigian, Property Owner
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EXHIBIT A

HISTORIC PROPERTY LEGAL DESCRIPTION
Lot 4, Block 20 of Tract 793, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24 PAGES 1 THROUGH 5 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 103

EXHIBIT B
SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT

OF HISTORIC PROPERTIES
Rehabilitation (making possible a compatible use for a property through repair, alterations and additions while preserving portions/features that convey its historical, cultural or architectural values)

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property.

The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Preservation (applying measures necessary to sustain the existing form, integrity and materials)

1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships. 104
Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken.

2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color and texture.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

Restoration (accurately depicting the form, features, and character of a property as it appeared at a particular period of time)

1. A property will be used as it was historically or be given a new use that interprets the property and its restoration period.

2. Materials and features from the restoration period will be retained and preserved.

The removal of materials or alteration of features, spaces and spatial relationships that characterize the period will not be undertaken.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.

6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.
105

8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

10. Designs that were never executed historically will not be constructed.

Reconstruction (depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object at a specific time period in its historic location)

1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.

2. Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts that are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.

3. Reconstruction will include measures to preserve any remaining historic materials, features and spatial relationships.

4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the nonsurviving historic property in materials, design, color and texture.

5. A reconstruction will be clearly identified as a contemporary re-creation.

6. Designs that were never executed historically will not be constructed. 106

EXHIBIT C

CITY OF SAN CLEMENTE HISTORIC PROPERTY

MINIMUM MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or un-repaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation which is unsightly by reason if its height, condition, or its inappropriate location. 107

EXHIBIT D

HISTORIC PROPERTY IMPROVEMENTS TO BE COMPLETED
Historic property improvements due prior to and up to the date of sale or transfer of the property shall be completed prior to sale or transfer of the property.

Phase I - Complete by end of 2025

1. Foundation. Foundation has minor cracks along stem walls. Engage a qualified structural engineer experienced in working with historic properties to properly inspect the foundation and make recommendations with an implementation plan. Execute any recommended work in a timely manner to ensure foundation is structurally sound and weathertight. Work to be completed in a sensitive manner to avoid causing damage to the historic fabric or visually impacting the historic building.

2. Broken Wood Window (South Elevation). Replace in kind broken window pane on south elevation.

3. Crawlspace Openings. Repair damaged crawlspace covers and replace missing with new vent or mesh covers to prevent debris and/or rodents from entering space and causing damage to structure and/or historic fabric.

4. Clay Tile Attic Vents. Install or re-install visible mesh within interior of clay vents so mesh is appropriately concealed from view.

5. Landscaping (East Elevation). Remove vines growing on exterior surface of east elevation which can cause damage to exterior materials and surface finishes. Repair any damaged stucco and/or damaged paint and wood of window. If aesthetic appearance of vines is desired, they should be trained to grow up a trellis or cables installed away from the exterior of the building.

6. Deteriorated Door (North Elevation). Gently scrape paint to investigate condition of original wood door on north elevation and make any necessary repairs to wood door prior to repainting in the same or historically appropriate color to keep wood protected from moisture and sun damage. If deteriorated beyond repair, replace door in kind using existing as a model for fabrication of replacement.

7. Chimney. Engage the services of a structural engineer or chimney specialist with experience in historic preservation to inspect the existing condition of the chimney and prepare a report with an implementation plan for recommended work. Commence and complete any necessary work to ensure the chimney is structurally sound and weathertight (i.e. chimney cap, flashing, etc.). Work should be completed without damage to historic fabric to the greatest extent feasible.

8. Termite Report. Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present.
108
Phase II - Complete by end of 2026

9. Planter Retaining Wall (South Elevation). Remove, repair, or replace in kind damaged and deteriorated, non-original concrete and tile retaining wall of planter along base of south elevation in front yard. If replaced, replace with historically compatible option in terms of style and materials (i.e. tile, concrete, or stucco).

10.Front Entrance Porch Tile. Repair or replace in kind any individual damaged tiles of main entry porch. Re-grout any visible cracks or separations using a grout mixture that matches the existing in terms of color and texture.

11.Wrought Iron Elements. Investigate and conduct research to determine whether the existing wrought iron window bars on south elevation window are original/have historical significance. Retain and maintain, or remove as determined by investigative work.

Phase III - Complete by end of 2027

12.Garage Roof. Re-roof garage. Replace any damaged wood framing and plywood sheathing and reinstall red clay tiles along the shed portion in accordance with City of San Clemente Building Code requirements. Any missing or damaged clay tiles should be replaced in kind.

13.Garage Door. Repair weathered garage door and investigate condition of wood.

Gently scrape existing paint and make any necessary repairs. Repaint in the same or historically appropriate color to keep wood protected from moisture and sun damage.

Ensure door hardware is not damaged and operable. If the hardware is damaged, repair or replace in kind.

14.Rear Entrance Steps (North Elevation). Repair or replace in kind concrete steps at rear entrances that have separated from the building exterior.

Phase IV - Complete by end of 2028

15.Concrete Driveway and Walkway. Repair or replace in kind cracked concrete driveway and rear walkway. If applicable, inspect underground sewer and water pipes that may be below the driveway, and make necessary pipe repairs before completing driveway repairs to avoid removing a new driveway in the future due to pipe damage.

16.Exposed Utility Wires (North Elevation). Remove all obsolete utility equipment on north elevation near roofline, including exposed wiring and piping. Patch and repair stucco as needed.

Contract Duration - Ongoing Maintenance
109

17.Landscaping. Inspect landscaping at least once per year to ensure plants/branches are kept trimmed away from building to prevent moisture/insect damage and debris build-up to structure, exterior materials, and finishes.

18.Painted Wood Features. Prep, patch, repair and repaint exterior wood elements (wood eaves, rafters, posts, beams) as needed in the same or historically appropriate color.

19.Windows and Doors. Gently scrape existing paint, remove previously installed weatherproofing, inspect wood, and make any necessary repairs to wood windows and frames. Fill damaged areas with epoxy or by splicing larger damaged wood sections and replacing in kind. Replace any cracked or broken glazing in kind. Repaint frames and sills in the same or historically appropriate color to keep wood protected from moisture and sun damage. Ensure any frames of window screens are wood and painted to match. Inspect for proper operation and seal and make related repairs as needed.

20.Exterior Stucco (Residence & Garage). Inspect exterior stucco for damage such as visible hairline cracks. Patch as needed using stucco that matches the existing to create a cohesive finish.

21.Residence Roof. Roof of residence appears to be in good condition. Maintain by repairing any leaks or broken tiles as needed.

22.Termite and Pest Control. Treat property for termites and any other insects or pests, such as rats, thereby preventing damage to historic fabric. Professional termite reports should be submitted to the City at least once every 5 years.

23.General Building Upkeep. Property owner should inspect annually for termite, weather, or other damage and make related repairs in kind as needed to primary and accessory buildings. If deterioration necessitates replacement, features should be replaced in kind.
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Attachment 5
RESOLUTION NO. 24-196

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE, CALIFORNIA, APPROVING HISTORIC
PROPERTY PRESERVATION AGREEMENT 24-468 FOR THE
PROPERTY LOCATED AT 402 PASADENA COURT AND

FINDING THE PROJECT IS CATEGORICALLY EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of San Clemente adopted Ordinance 1194 on October 15, 1977, which in Section 3, establishes procedures for property owners of designated historically significant structures to voluntarily enter into Historic Property Preservation Agreements in order to apply to receive property tax reductions as an incentive for historic preservation; and
WHEREAS, on September 10, 2024, an application was submitted by Larry Dunwald, 1816 Calle De Los Alamos, San Clemente, CA 92672, the owner of a designated historically significant structure, to enter into an Historic Property Preservation Agreement (HPPA) for the property located at 402 Pasadena Court, the legal description being N TR 785 BLK 1 LOT 61 TR 785 LOTS 61/62 BLK 1, in the City of San Clemente, with Assessor’s Parcel Number 692-031-04; and
WHEREAS, on November 13, 2024, the Design Review Subcommittee, which serves as the Cultural Heritage Subcommittee of the Planning Commission, reviewed the application and recommended approval of HPPA 24-468 with preservation improvement conditions; and
WHEREAS, on December 10, 2024, the City Council held a duly noticed public hearing, and considered testimony of City staff, the applicant and property owner, and other interested parties.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1: Recitals. The above recitals are considered findings by the City Council and incorporated into the body of this resolution.

SECTION 2: CEQA Findings. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review.

SECTION 3: Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City Council of the City of San Clemente, California approves HPPA 24-468.

SECTION 4: The City Council hereby approves HPPA 24-468, set forth in Exhibit 1, which is fully incorporated herein, and authorizes the Mayor to execute, and the City Clerk to record, the HPPA for the property at 402 Pasadena Court, after the required 111
Resolution No. 24-196 Page 2
application fee has been submitted to the City by the property owner, but not later than June 30, 2025.

SECTION 5: Certification. 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
112
Resolution No. 24-196 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. 24-196 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
113
Attachment 5 – Exhibit 1
Recording Requested by, and
when Recorded Mail to:

City Clerk
City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
This Agreement is recorded for the benefit of the City of San Clemente and is exempt from the payment of recording fees pursuant to Government Code Sections 6103 and 27383.

HISTORIC PROPERTY PRESERVATION AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of December, 2024, by and between the City of San Clemente (“City”), a municipal corporation of the State of California, and Lawrence and Joelle Dunnwald, co-trustees of the Dunnwald Family Trust (“Owner”).

RECITALS
WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor’s Parcel Number 692-031-04, located at 402 Pasadena Court, San Clemente, California 92672, more specifically described in Exhibit “A” attached hereto and made a part hereof; and
WHEREAS, the Historic Property is a qualified historic property in that it is privately owned property which is not exempt from property taxation and is listed in the City’s Designated Historic Resources List, which is the City’s official register of historically significant sites adopted October 2, 2007 by Resolution 07-72 of the San Clemente City Council, as amended; and
WHEREAS, both City and Owner desire to carry out the purposes of Article 12 (commencing with Section 50280) of Chapter 1, Part 1, Division 1 of Title 5 of the California Government Code and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code; and WHEREAS, both City and Owner desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property through the incentive of a potential property tax reduction; and WHEREAS, Owner, in consideration for abiding by the terms of this Agreement, shall be entitled to qualify for a reassessment of valuation of the Historic Property, pursuant to provisions of the aforementioned California Revenue and Taxation Code, and any corresponding adjustment in property taxes resulting therefrom. 114

AGREEMENT
NOW, THEREFORE, both Owner and City, in consideration of the mutual promises, covenants and conditions contained herein and the substantial public benefits to be derived therefrom, do hereby agree as follows:

1. AGREEMENT SUBJECT TO GOVERNMENT CODE SECTIONS 50280-50290.

This agreement is made pursuant to California Government Code Sections 50280 through 50290 and Article 1.9 (commencing with Section 439) of Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code and is subject to all of the provisions of those statutes.

2. REASSESSMENT OF VALUATION. The determination of property valuation pursuant to Chapter 3, Part 2 of Division 1 of the California Revenue and Taxation Code, is in the sole discretion of the Orange County Tax Assessor’s Office. City makes no representations regarding the actual tax savings any person may realize by entering into this Agreement.

3. PRESERVATION OF PROPERTY. Owner agrees to preserve and maintain the Historic Property and its character-defining features, as provided below. Characterdefining features include, but are not necessarily limited to, the general architectural form, style, materials, design, scale, details, mass, roof line and other aspects of the appearance of the exterior of the property. The Secretary of the Interior’s Standards for the Treatment of Historic Properties and minimum maintenance standards, attached hereto and incorporated herein by reference as Exhibit “B,” shall constitute the minimum standards and conditions for maintenance, use, and preservation of the Historic Property, and shall apply to the property throughout the term of this Agreement. Owner shall, where necessary, restore and rehabilitate the Historic Property to conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the U.S. Secretary of the Interior’s Standards for the Treatment of Historic Properties, the City of San Clemente Design Guidelines and in accordance with the attached schedule of improvements, attached hereto and incorporated herein by reference as Exhibit “B”.

4. BUILDING CHANGES. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.

5. NOTIFICATION OF DIRECTOR. The Community Development Director shall be notified by the Owner of changes to character-defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, exterior repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building’s exterior appearance or use, or prior to commencing construction work.

6. PROHIBITED. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings without prior City approval; exterior alterations 115
or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property’s recognized historic character, significance and design, as determined by the Community Development Director.

7. INSPECTIONS. Owner agrees to permit the periodic examination, by prior appointment, of the interior and exterior of the Historic Property by the County Assessor, the Department of Parks and Recreation, the State Board of Equalization and City as may be necessary to determine Owner’s compliance with the terms and provisions of this Agreement. After five years and every five years thereafter, the City shall inspect the property to determine the owner’s continued compliance with the agreement.

8. PAYMENT OF INSPECTION FEE. Every five years from the commencement of the contract’s term, Owner shall pay City an inspection fee as provided in the City’s current Planning Fee Schedule, which fee does not exceed the reasonable cost of conducting ongoing and five-year site inspections to confirm compliance with the conditions of the agreement. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to each five-year inspection conducted by the Planning Division.

9. PAYMENT OF APPLICATION FEE. As a condition of executing the contract, Owner shall pay City a fee as provided in the City’s current Planning Fee Schedule, after City Council approval of the Agreement, which fee does not exceed the reasonable cost of administering City’s historical preservation program. Said fee shall be made payable to the City of San Clemente and shall be remitted to the Planning Division prior to the Agreement being executed by City.

10. TERM. The term of this Agreement shall be from December 10, 2024, to and including December 10, 2034, conditional upon Section 11 below.

11. DEVELOPMENT PROJECT. Improvements required in 2030 (Phase V), as set forth in Exhibit D, shall be completed upon issuance of all required permits for the development project, Sea Cliff Boutique Hotel and Restaurant (Resolution No. PC 24- 013), approved by the Planning Commission on July 24, 2024. If permits are not obtained and construction does not commence within 5 years following the execution date of this contract, then this contract shall be evaluated through the standard review process.

12. AUTOMATIC RENEWAL. On each yearly anniversary of the effective date of this Agreement (hereinafter referred to as the “renewal date”), one year shall be added automatically to the initial term of this Agreement unless notice of non-renewal is given as provided in this Agreement.

13. NOTICE OF NONRENEWAL. If in any year either the Owner or City desires not to renew this Agreement, that party shall serve written notice of nonrenewal on the other party in advance of the annual renewal date. Unless the notice is served by Owner to City at least 90 days, or by City to Owner at least 60 days, prior to the renewal date, one year shall automatically be added to the term of the Agreement. Within 15 days of 116
receipt by Owner of a notice of nonrenewal, Owner may make a written appeal of nonrenewal. Such appeal shall include, but is not limited to, a statement of the grounds on which the appeal is based. Upon receipt of such an appeal, the City Clerk shall set a hearing before the City Council prior to the annual renewal date of this Agreement, or following the renewal date at the earliest date such hearing can reasonably be held.

Owner may furnish the City Council with any information which the Owner deems relevant, and shall furnish the City Council with any information it may require. At any time prior to the renewal date, City may withdraw its notice of nonrenewal.

14. EFFECT OF NOTICE NOT TO RENEW. If in any year either party serves notice of intent not to renew this Agreement, this Agreement shall remain in effect for the balance of the period since the original execution, or the last renewal of the Agreement, as the case may be. Thereafter, this Agreement shall terminate.

15. FURNISHING OF INFORMATION. Owner shall furnish City with any information City shall require in order to enable City to determine eligibility of the property to be classified as a qualified Historic Property.

16. ENFORCEMENT OF AGREEMENT. In lieu of, and/or in addition to, any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement of violations of this Agreement. If such violation(s) is not corrected to the reasonable satisfaction of the City within thirty (30) days after the date of the notice of violation, or within such reasonable time as may be required to cure the breach or default [provided that acts to cure the breach or default are commenced within thirty (30) days and thereafter diligently pursued to completion], then City may, without further notice, declare a default under the terms of this Agreement and bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, including, but not limited to, bringing an action for injunctive relief against the Owner or for such other relief as may be appropriate.

The City has the option to either cancel the contract or bring action in court to enforce the contract, if the city determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. As an alternative to canceling the contract, a landowner that is a party to the contract may bring any action in court necessary to enforce the contract.

City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No waiver by City or any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default thereunder.

17. CANCELLATION. City may cancel this Agreement if City determines Owner has breached any of the conditions or covenants of this Agreement or has allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a 117
qualified historic property. City may also cancel this Agreement if it determines Owner has failed to restore or rehabilitate the property in the manner specified in this Agreement.

18. NOTICE OF CANCELLATION. This Agreement cannot be canceled until after City has given notice and has held a public hearing as required by Government Code Section 50284. Notice of the hearing shall be mailed to the last known address of each owner of property on the City’s Designated Historic Structures List and shall be published in accordance with Government Code section 6061. Cancellation shall be effective on the date of Council adoption of a resolution cancelling the Agreement.

19. CANCELLATION FEE. If City cancels this Agreement in accordance with Sections 15 and 16 above, Owner shall pay a cancellation fee of twelve and one-half percent (12½%) of the full value of the property at the time of cancellation. The full value shall be determined by the County Assessor without regard to any restriction on the property imposed pursuant to this Agreement. The cancellation fee shall be paid to the Controller at such time and in such manner as the Controller shall prescribe in accordance with State law.

20. NOTICES. All notices required by or provided for in the Agreement shall be given in writing and may be mailed or delivered in person at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

To City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92672
Attention: City Manager
To Owner: Lawrence and Joelle Dunnwald
(Co-Trustees of the Dunnwald Family Trust)
1816 Calle de los Alamos
San Clemente, CA 92672
Deposit of notice in the mail, postage prepaid, shall be deemed receipt of the notice.

21. NO COMPENSATION. Owner shall not receive any payment from City in consideration of the obligations imposed under this Agreement, it being recognized and agreed that the consideration for the execution of this Agreement is the substantial public benefit to be derived from the preservation and maintenance of historic resources and the right to reassessment under State law.

22. REMEDY IF AGREEMENT HELD NOT ENFORCEABLE. In the event it is finally determined this Agreement does not constitute an enforceable restriction within the meaning of the applicable provisions of the California Government Code and the California Revenue and Taxation Code, except for an unenforceability arising from the cancellation or nonrenewal of this Agreement, then this Agreement shall be null and void and without further effect and the property subject to this Agreement shall from that time be free from any restriction whatsoever under this Agreement without any payment or further act of the parties to this Agreement.
118

23. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause the parties hereto to be considered joint ventures or members of any joint enterprise.

24. INDEMNITY OF CITY.

The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and costs (including attorneys' fees) against the City, its officers, employees, or agents to attack, set aside, challenge, void, modify or annul any findings, approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner or environmental finding. Applicant shall pay all costs upon request by the City. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter at the applicant’s expense. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter at the applicant’s cost.

If the applicant fails to so defend the matter, the City shall have the right, at its own option, to do so and, if it does, the applicant shall promptly pay the City's full cost of the defense.

25. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and shall inure to the benefit of all successors in interest of the Owner. A successor in interest shall have the same rights and obligations under this Agreement as the original owner who entered into this Agreement.

26. RECORDATION. No later than twenty (20) days after the parties execute and enter into this Agreement, City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.

27.NEW CONSTRUCTION. In the event new construction occurs on 402 Pasadena Court (APN: 692-031-04) and/or 404 Pasadena Court (APN: 692-031-05), with or without a merger of the two subject parcels, the Mills Act tax rate shall not apply to new construction. New construction shall include any building or structure erected after the original date of construction of buildings, and structures identified in the DPR Survey Form(s) prepared for the subject site. New construction does not include the preservation, rehabilitation, restoration, or reconstruction of original buildings and structures, such as the existing four level building, runnel and stairs, fountain, and lower terrace patio.

28.FLEXIBLE PROPERTY IMPROVEMENT SCHEDULE. The Community Development Director (Director) or his/her designee has the authority to modify the timeline and/or the order for completing required property improvements, provided that the Director makes required findings per Resolution No. 11-68.

29.AMENDMENTS. This Agreement may be amended, in whole or in part, only by a written and recorded instrument executed by the parties hereto. 119

30. COMPLIANCE WITH APPLICABLE LAWS. During the term of this Agreement, Owner shall maintain and use the Historic Property in compliance with all applicable State and local statutes, ordinances, regulations and official policies; provided that, except as specifically set forth in Paragraph 3, nothing in this Agreement shall be deemed to require Owner to waive any vested rights or rights to continue to maintain a legally non-conforming structure or use existing as of the date of this Agreement.

IN WITNESS WHEREOF, the parties to this contract have caused their names to be affixed hereto on the day and year first written above.

City of San Clemente
By _________________________
Victor Cabral, Mayor
ATTEST:
__________________________________
Laura Campagnolo, City Clerk
By _________________________
Lawrence Dunnwald, Property Owner
(Co-Trustee of the Dunnwald Family Trust)
By _________________________
Joelle Dunnwald, Property Owner
(Co-Trustee of the Dunnwald Family Trust)
120

EXHIBIT A

HISTORIC PROPERTY LEGAL DESCRIPTION
N TR 785 BLK 1 LOT 61 TR 785 LOTS 61/62 BLK 1, IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 23 PAGE 36 AND 37 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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EXHIBIT B
SECRETARY OF THE INTERIOR’S STANDARDS FOR THE TREATMENT

OF HISTORIC PROPERTIES
Rehabilitation (making possible a compatible use for a property through repair, alterations and additions while preserving portions/features that convey its historical, cultural or architectural values)

1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.

2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

Replacement of missing features will be substantiated by documentary and physical evidence.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

9. New additions, exterior alterations or related new construction will not destroy historic materials, features and spatial relationships that characterize the property.

The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.

10.New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

Preservation (applying measures necessary to sustain the existing form, integrity and materials)

1. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships.

Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken. 122

2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize a property will be preserved.

6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color and texture.

7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.

8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

Restoration (accurately depicting the form, features, and character of a property as it appeared at a particular period of time)

1. A property will be used as it was historically or be given a new use that interprets the property and its restoration period.

2. Materials and features from the restoration period will be retained and preserved.

The removal of materials or alteration of features, spaces and spatial relationships that characterize the period will not be undertaken.

3. Each property will be recognized as a physical record of its time, place and use.

Work needed to stabilize, consolidate and conserve materials and features from the restoration period will be physically and visually compatible, identifiable upon close inspection and properly documented for future research.

4. Materials, features, spaces and finishes that characterize other historical periods will be documented prior to their alteration or removal.

5. Distinctive materials, features, finishes and construction techniques or examples of craftsmanship that characterize the restoration period will be preserved.

6. Deteriorated features from the restoration period will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture and, where possible, materials.

7. Replacement of missing features from the restoration period will be substantiated by documentary and physical evidence. A false sense of history will not be created by adding conjectural features, features from other properties, or by combining features that never existed together historically.

8. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
123

9. Archeological resources affected by a project will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.

10. Designs that were never executed historically will not be constructed.

Reconstruction (depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object at a specific time period in its historic location)

1. Reconstruction will be used to depict vanished or non-surviving portions of a property when documentary and physical evidence is available to permit accurate reconstruction with minimal conjecture, and such reconstruction is essential to the public understanding of the property.

2. Reconstruction of a landscape, building, structure or object in its historic location will be preceded by a thorough archeological investigation to identify and evaluate those features and artifacts that are essential to an accurate reconstruction. If such resources must be disturbed, mitigation measures will be undertaken.

3. Reconstruction will include measures to preserve any remaining historic materials, features and spatial relationships.

4. Reconstruction will be based on the accurate duplication of historic features and elements substantiated by documentary or physical evidence rather than on conjectural designs or the availability of different features from other historic properties. A reconstructed property will re-create the appearance of the nonsurviving historic property in materials, design, color and texture.

5. A reconstruction will be clearly identified as a contemporary re-creation.

6. Designs that were never executed historically will not be constructed. 124

EXHIBIT C

CITY OF SAN CLEMENTE HISTORIC PROPERTY

MINIMUM MAINTENANCE STANDARDS
All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

1. Dilapidated, deteriorating, or un-repaired structures, such as: fences, roofs, doors, walls and windows.

2. Publicly visible storage of scrap lumber, junk, trash or debris.

3. Publicly visible storage of abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers or similar items.

4. Stagnant water or excavations, including pools or spas.

5. Any device, decoration, design, structure or vegetation which is unsightly by reason if its height, condition, or its inappropriate location. 125

EXHIBIT D

HISTORIC PROPERTY IMPROVEMENTS TO BE COMPLETED
Historic property improvements due prior to and up to the date of sale or transfer of the property shall be completed prior to sale or transfer of the property.

Phase I - Complete by end of 2026

1. Foundation/ Structure. Engage a qualified structural engineer experienced in working with historic properties to properly inspect the foundation and building structure and make recommendations with an implementation plan. Execute any recommended work to ensure the foundation and building are structurally sound and weathertight.

Work to be completed in a sensitive manner to avoid causing damage to the historic fabric or visually impacting the historic character of the property.

2. Chimney. Engage the services of a structural engineer or chimney specialist with experience in historic preservation to inspect the existing condition of the chimney and prepare a report with an implementation plan for recommended work. Commence and complete any necessary work to ensure the chimney is structurally sound and weathertight. Work to be completed in a sensitive manner to avoid causing damage to the historic fabric or visually impacting the historic character of the property.

3. Roof. Engage a qualified structural engineer and/or roofing contractor experienced in working with historic properties to properly inspect roofs and make any recommendations for work with an implementation plan. Repair or replace in kind roofs in a timely and sensitive manner per recommendations made by contractor.

Repair or replace in kind any broken, missing, or severity deteriorated clay tiles. If full re-roofing is required, existing clay tiles will be carefully removed and reinstalled.

4. Gutters/Downspouts. Install new, visually compatible gutters, downspouts and/or leaders where missing to ensure roof has proper drainage and water is diverted away from the building and site.

5. Chimney Cap. Restore missing decorative clay tile and stucco chimney cap based on documentary evidence.

6. Termite Report. Provide a termite / wood destroying organism (WDO) report indicating a termite free condition or take recommended actions within the report if pests are present.

Phase II - Complete by end of 2027

7. Windows (A/C Units). Remove the existing window A/C units which create condensation and can cause damage to wood window frames and sills. Window units may be replaced with alternative air conditioning solutions such as the installation of a through-wall A/C units or a central A/C system that will not cause damage to historic materials during installation.
126

8. Electrical. Upgrade electrical: replace old electrical wiring and panel throughout all 4 stories of building in a sensitive manner to avoid causing damage to historic fabric or visually impacting the historic character of the property.

9. HVAC. Install new AC/ heat ducting infrastructure in a sensitive manner to avoid causing damage to historic fabric or visually impacting the historic character of the property.

10.Plumbing. Upgrade plumbing: replace old waterlines/sewage /piping in a sensitive manner to avoid causing damage to historic fabric or visually impacting the historic character of the property.

Phase III - Complete by end of 2028

11.Window Screens. Remove existing mesh screening from all windows that were inappropriately stapled into the wood. Patch/seal any holes in wood. Appropriate wood-frame screens may be installed.

12.Wood Windows and Doors. Gently scrape existing paint and make any necessary repairs to wood windows, doors, and frames. Fill damaged areas with epoxy or by splicing larger damaged wood sections and replacing in kind. Replace any cracked or broken glazing in kind. Repaint in the same or historically appropriate color to keep wood protected from the elements. Inspect for proper operation and seal and make related repairs as needed.

13.Wood Gates. Gently scrape existing paint, repair any damaged wood units, and repaint two wood gates. Clean hardware from corrosion as needed to ensure proper operation.

14.Replacement Windows (north elevation, first story). Remove two non-original and incompatible aluminum, single-light casement sashes from original window openings on first story of north elevation and restore original wood, multi-light sash within existing openings based on documentary evidence.

15.Non-Original Window (north elevation, third story). Replace one non-original, incompatible metal window on third story of north with new option that is compatible with the historic character of the property in terms of style and materials, or restore original windows and their openings based on documentary evidence.

16.Non-Original Window (north elevation, second story). Replace one non-original, incompatible metal window on north elevation, second story addition with new option that is compatible with the historic character of the property in terms of style and materials.

17.Wood Shutters (south elevation). Restore missing wood shutters on south elevation based on documentary evidence.

18.Exterior Stucco (north and west elevations). Restore original stucco texture/finish on north and west elevation to match original extant on south elevation. 127
Phase IV - Complete by end of 2029

19.Wrought Iron Elements (north and south elevations). Restore missing wrought iron decorative elements, such as window grilles and wall planters, on north and south elevations of residence based on documentary evidence.

20.Driveway. Repair or replace in kind any individual damaged tiles. Re-grout any visible cracks, separations, or discolored grout using a grout mixture that matches the existing in terms of color and texture. If applicable, inspect underground sewer and water pipes that may be below the driveway, and make necessary pipe repairs before completing driveway repairs to avoid removing a new driveway in the future due to pipe damage.

21.Glazed Ceramic Tile Window Surround (north elevation, first story). Repair or replace in kind any individual damaged original glazed ceramic tiles. Remove existing mismatching replacement tiles and replace with new tiles created to match extant originals.

22.Front Entrance Walkways. Repair or replace in kind any individual damaged tiles. Regrout any visible cracks, separations, or discolored grout using a grout mixture that matches the existing in terms of color and texture.

Phase V - Complete by end of 2030
The following work (items no. 24-26) shall be completed upon issuance of all required permits for the development project, Sea Cliff Boutique Hotel and Restaurant (Resolution No. PC 24-013), approved by the Planning Commission on July 24, 2024. If permits are not obtained and construction does not commence within 5 years following the execution date of this contract, then this contract shall be evaluated through the standard review process.

23.Site Drainage/ Retaining Walls. Engage a qualified structural engineer and soils engineer experienced in working with historic properties to properly inspect the existing condition of the site and make recommendations with an implementation plan.

Execute any recommended work to stabilize the site, ensure the property has sufficient drainage and repair or reconstruct the retaining walls as necessary. Work to be completed in a sensitive manner to avoid causing damage to the historic fabric or visually impacting the historic character of the property.

24.Rear Entrance Stairs (north elevation, second-story entrance). Repair or replace nonoriginal wood stairs of second-story entrance on north elevation. Replacement stairs to be an accurate restoration based on documentary evidence or a new design that is compatible with the historic character of the property.

25.Landscaping/Hardscaping. Develop a comprehensive landscape and hardscape plan to be reviewed by the City and implement as approved.
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Contract Duration - Ongoing Maintenance

26.Landscaping. Inspect landscaping at least once per year to ensure plants/branches are kept trimmed away from building to prevent moisture/insect damage and debris build-up to structure, exterior materials, and finishes.

27.Exterior Wood Elements. Prep, patch, repair and repaint exterior wood elements (wood eaves, rafters, posts, beams) as needed in the same or historically appropriate color.

28.Windows and Doors. Gently scrape existing paint, remove previously installed weatherproofing, inspect wood, and make any necessary repairs to wood windows and frames. Fill damaged areas with epoxy or by splicing larger damaged wood sections and replacing in kind. Replace any cracked or broken glazing in kind. Repaint frames and sills in the same or historically appropriate color to keep wood protected from moisture and sun damage. Ensure any frames of window screens are wood and painted to match. Inspect for proper operation and seal and make related repairs as needed.

29.Exterior Stucco (Residence & Garage). Inspect exterior stucco for damage such as visible hairline cracks. Patch as needed using stucco that matches the existing to create a cohesive finish.

30.Residence Roof. Roof of residence appears to be in good condition. Maintain by repairing any leaks or broken tiles as needed.

31.Termite and Pest Control. Treat property for termites and any other insects or pests, such as rats, thereby preventing damage to historic fabric. Professional termite reports should be submitted to the City at least once every 5 years.

32.General Building Upkeep. Property owner should inspect annually for termite, weather, or other damage and make related repairs in kind as needed to primary and accessory buildings. If deterioration necessitates replacement, features should be replaced in kind.
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Attachment 6

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

DESIGN REVIEW SUBCOMMITTEE
NOVEMBER 13, 2024
Subcommittee Members Present: Vice Chair Bart Crandell; Committee Member Cameron Cosgrove; Alternate Member Scott
McKhann (arrived at 3:06 p.m.)
Subcommittee Members Absent: Chair M. Steven Camp
Staff Present: Christopher Wright, Senior Planner
David Carrillo, Associate Planner
Laura Coury, Assistant Planner

1. MINUTES
A. Review and file minutes of the Design Review Subcommittee meeting October 23, 2024
Member Crandell moved to approve with a change in title for Vice Chair Crandell. Member Cosgrove seconded the motion to approve October 23, 2024 Minutes with noted change. Motion passed 2-0, Chair Camp Absent.

Member McKhann arrived at 3:06 p.m.

2. ARCHITECTURAL REVIEW OF THE FOLLOWING ITEMS:
2024 Historic Property Preservation Agreements (HPPAs)
Associate Planner David Carrillo provided an overview of the Mills Act. At the conclusion, Mr. Carrillo answered committee member questions before proceeding with individual property reports.

A. HPPA 24-195, 143 Avenida Granada
The applicant Christian Wach was not present, but communicated by phone, that he accepted the work list and the subcommittee supported it.

B. HPPA 24-197, 161 West Marquita
The applicant Christian Wach was not present, but communicated by phone, that he accepted the work list and the subcommittee supported it.

C. HPPA 24-273, 304 Avenida Sierra
The applicant, Laura Bevill, stated she accepted the work list, and the subcommittee supported it.
130
Design Review Subcommittee Regular Meeting Minutes November 13, 2024 Page 2 D. HPPA 24-390, 210 West Mariposa
The applicant, Kristy Khachigian, stated she accepted the work list, and the subcommittee supported it.

E. 402/404 Pasadena Court
There was discussion on how the previously approved entitlements for a hotel and restaurant at the subject site affects the City’s approach on the Mills Act contract for the historic structure. The outcome was to limit the contract to 402 Pasadena Court, prioritize improvements that can be accomplished while permits are in process for the development, and then defer improvements that would be completed with a development project and provide a deadline to get related permits. If permits aren’t obtained within the deadline, the contract should be reevaluated. Larry and Joelle Dunnwald accepted the work list and the DRSC-recommended approach on the contract.

The DRSC supported all proposed Mills Act contracts moving forward to the City Council for a decision, and made the following suggestions to staff:
 Explore establishing an annual program for Mills Act property owners to report their completion of Mills Act improvements so the City can ensure contract obligations are being satisfied. This would be in addition to the fiveyear on-site inspections that are part of the Mills Act program. With the annual information collected, there would be a means to provide a status report as was done years ago.
 Require that sewer and water pipes be inspected before completing driveway repairs to avoid removing a new driveway in the future due to pipe damage.

3. NEW BUSINESS
None.

4. OLD BUSINESS
None.

5. ORAL AND WRITTEN COMMUNICATION
None.
131
Design Review Subcommittee Regular Meeting Minutes November 13, 2024 Page 3

7. ADJOURNMENT
Adjourned to the October 27, 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 Bart Crandell
Attest:
_______________________________
Christopher Wright, Senior Planner
132
Purpose of the Mills Act Program
Economic incentives foster the preservation of residential neighborhoods and the revitalization of downtown commercial districts. The Mills Act is the single most important economic incentive program in California for the restoration and preservation of qualified historic buildings by private property owners.

Enacted in 1972, the Mills Act legislation grants participating local governments (cities and counties) the authority to enter into contracts with owners of qualified historic properties who actively participate in the restoration and maintenance of their historic properties while receiving property tax relief.

Benefits to Local Governments
The Mills Act allows local governments to design preservation programs to accommodate specific community needs and priorities for rehabilitating entire neighborhoods, encouraging seismic safety programs, contributing to affordable housing, promoting heritage tourism, or fostering pride of ownership. Local governments have adopted the Mills Act because they recognize the economic benefits of conserving resources and reinvestment as well as the important role historic preservation can play in revitalizing older areas, creating cultural tourism, building civic pride, and retaining the sense of place and continuity with the community’s past.

A formal agreement, generally known as a Mills Act or Historical Property Contract, is executed between the local government and the property owner for a minimum ten-year term. Contracts are automatically renewed each year and are transferred to new owners when the property is sold. Property owners agree to restore, maintain, and protect the property in accordance with specific historic preservation standards and conditions identified in the contract. Periodic inspections by city or county officials ensure proper maintenance of the property. Local authorities may impose penalties for breach of contract or failure to protect the historic property.

The contract is binding to all owners during the contract period.

Benefits to Owners
Owners of historic buildings may qualify for property tax relief if they pledge to rehabilitate and maintain the historical and architectural character of their properties for at least a ten-year period.

The Mills Act program is especially beneficial for recent buyers of historic properties and for current owners of historic buildings who have made major improvements to their properties.

Mills Act participants may realize substantial property tax savings of between 40% and 60% each year for newly improved or purchased older properties because valuations of Mills Act properties are determined by the Income Approach to Value rather than by the standard Market Approach to Value. The income approach, divided by a capitalization rate, determines the assessed value of the property. In general, the income of an owner-occupied property is based on comparable rents for similar properties in the area, while the income amount on a commercial property is based on actual rent received. Because rental values vary from area to area, actual property savings vary from county to county. In addition, as County Assessors are required to assess all properties annually, Mills Act properties may realize slight increases in property taxes each year.

Attachment 7
133
Qualified Historic Property
A qualified historic property is a property listed on any federal, state, county, or city register, including the National Register of Historic Places, California Register of Historical Resources, California Historical Landmarks, State Points of Historical Interest, and locally designated landmarks. Owner-occupied family residences and income-producing commercial properties may qualify for the Mills Act program, subject to local regulations.

OHP’s Role
OHP provides technical assistance and guidance to local governments and property owners. OHP maintains a current list of communities participating in the Mills Act program and copies of Mills Act ordinances, resolutions, and contracts that have been adopted. OHP does not participate in the contract negotiations and is not a signatory to the contract. 134
135
136
State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code 3D
Other Listings
Review Code ______________ Reviewer __________________________ Date __________

P1. Other Identifier:

P2. Location: a. County Orange
and (P2b and P2C or P2d. Attach a Location Map as necessary.) b. USGS 7.5’ Quad Date T ; R ; 1/4 of 1/4 of Sec ; B.M. c. Address 143 Avenida Granada City San Clemente Zip 92672 d. UTM: Zone ; mE/ mN
Not for Publication Unrestricted
e. Other Locational Data: Assessor Parcel Number: 058-083-06 P3a. Description:

The property contains a one-story commercial building (converted from a single-family residence) with a rectangular plan and wood-frame construction. Designed in the Spanish Colonial Revival style, it has a low-pitch side-gable and hipped roof with clay tiles and exposed rafter tails. The exterior walls are clad with original smooth stucco. The primary (west) facade is three bays wide with a raised, clay-title patio spanning the entire length. The northernmost bay contains a pair of original wood double-hung windows and a pair of decorative stucco vents. The central bay contains the main entrance with an original door, which is positioned at an angle. Clay-tile steps lead to the covered and unevenly recessed entry way. The southernmost bay contains one set of three original wood double-hung windows. The fenestration consists of original wood windows throughout the building. A detached garage stands behind the building. The building is in good condition. Its integrity is good.

P3b. Resources Attributes: 06 Commercial Building, 1-3 stories P4. Resources Present: Building Structure Object Site District Element of District Other P11. Report Citation: None.

Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record District Record
Photograph Record Other:

DPR 523A (1/95) HRG
P5b. Description of Photo:

West elevation, east view. May
2006.

P6. Date Constructed/Sources:
1934 (E) Tax Assessor
Historic
Prehistoric
Both
P7. Owner and Address:

Veale, Richard S.
703 Avenida Columbo
P8. Recorded by:

Historic Resources Group, 1728
Whitley Avenue, Hollywood, CA
90028
P9. Date Recorded: 9/19/2006
P10. Survey Type:

City of San Clemente Historic
Resources Survey Update
Sketch Map
Archaeological Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record
137
State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
Primary #
HRI#

Resource Name or #: 143 AVENIDA GRANADA
B1. Historic Name: (Unknown)
B2. Common Name: (Unknown)
B3. Original Use: Single-family residential B4. Present Use: Commercial B5. Architectural Style: Spanish Colonial Revival
B6. Construction History:

B7. Moved? No Yes Unknown Date: Original Location:

B8. Related Features:

B9a. Architect: (Unknown) b. Builder: (Unknown)
B10. Significance: Theme Ole Hanson/Spanish Village by the Sea Area City of San Clemente Period of Significance 1925-1936 Property Type Commercial building Applicable Criteria A This one-story commercial building was built in 1934. This property is a unique example of the Spanish Colonial Revival style as represented in San Clemente. This property appears eligible as a contributor to a potential National Register district under Criterion A for its association with the Ole Hanson/Spanish Village by the Sea period of development. It also appears eligible at the local level as a contributor to a potential historic district. It is recommended for retention on the Historic Structures List.

B11. Additional Resource Attributes: : 06 Commercial Building, 1-3 stories B12. References: Orange County Tax Assessor Records; Historic Resources Survey, Leslie Heumann and Associates, 1995.

B13. Remarks: (none)
B14. Evaluator: Historic Resources Group, Hollywood, CA Date of Evaluation: 9/19/2006
(This space reserved for official comments.)
DPR 523B (1/95) HRG
138
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
3 3 143 AVENIDA GRANADA
9/19/2006
Photographs of the Subject Property, Continued:
139
140
141
142
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
1 2 161-161 1/2 W MARQUITA
9/20/2006
PROPERTY NAME Unknown
HISTORIC NAME Unknown
PROPERTY ADDRESS 161-161 1/2 W Marquita
ASSESSOR PARCEL NUMBER 058-133-01
PROPERTY TYPE Multi-family residential (duplex)

OTHER DESCRIPTION
DATE OF CONSTRUCTION 1947 (F) Building Permit
Building moved onto site from 104 E Canada in 1959. No substantial changes post-1995 Historic Resources Survey prepared by Leslie Heumann & Associates.

INTEGRITY
STATUS CODE 5D
The property appears eligible at the local level as a contributor to a potential historic district. It is recommended for retention on the Historic Structures List.

STATUS
Project
Prepared for
Prepared by Historic Resources Group
1728 Whitley Avenue
Hollywood, CA 90028
City of San Clemente
910 Calle Negicio, Suite 100
San Clemente, CA 92673
City of San Clemente Historic Resources Survey Update
This one-story multi-family residence was moved to this location in 1959. This property is a modest example of the Spanish Colonial Revival style as represented in San Clemente. It appears eligible as a contributor to a potential local district under Criterion A for its association with San Clemente in the 30s and 40s (1937-1949).

SIGNIFICANCE
143
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
2 2 161-161 1/2 W MARQUITA
9/20/2006
Photographs of the Subject Property:
144
145
State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

PRIMARY RECORD
Primary #
HRI#
Trinomial
NRHP Status Code 3D
Other Listings
Review Code ______________ Reviewer __________________________ Date __________

P1. Other Identifier:

P2. Location: a. County Orange
and (P2b and P2C or P2d. Attach a Location Map as necessary.) b. USGS 7.5’ Quad Date T ; R ; 1/4 of 1/4 of Sec ; B.M. c. Address 304 Avenida Sierra City San Clemente Zip 92672 d. UTM: Zone ; mE/ mN
Not for Publication Unrestricted
e. Other Locational Data: Assessor Parcel Number: 692-102-09 P3a. Description:

The property contains a one-story single family residence with a rectangular plan and wood-frame construction. Designed in the Spanish Colonial Revival style, it has a side-gable roof with clay tiles over the end bays (eastern and western portions of the building) and a front gable roof with clay tiles centered over the residence. The exterior walls are clad with original smooth stucco.

The primary (north) elevation includes a projecting covered entry porch with an arched opening in the easternmost bay of the elevation. The entrance door to the residence is original. A wing wall extends along the driveway. Spanish Colonial Revival features of the residence include the low stucco chimney centered on the east elevation and exposed rafter tails. The fenestration consists of original wood casement windows throughout the residence. The residence is in good condition. Its integrity is good.

P3b. Resources Attributes: 02 Single Family Property
P4. Resources Present: Building Structure Object Site District Element of District Other P11. Report Citation: None.

Attachments: NONE Location Map Continuation Sheet Building, Structure, and Object Record District Record
Photograph Record Other:

DPR 523A (1/95) HRG
P5b. Description of Photo:

North elevation, south view. May
2006.

P6. Date Constructed/Sources:
1935 (E) Tax Assessor
Historic
Prehistoric
Both
P7. Owner and Address:

Mallinckrodt, Albert John Iii
1426 Wells Ave, Claremont Ca 91711- 3339
P8. Recorded by:

Historic Resources Group, 1728
Whitley Avenue, Hollywood, CA
90028
P9. Date Recorded: 9/21/2006
P10. Survey Type:

City of San Clemente Historic
Resources Survey Update
Sketch Map
Archaeological Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record
146
State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

BUILDING, STRUCTURE, AND OBJECT RECORD
Primary #
HRI#

Resource Name or #: 304 AVENIDA SIERRA
B1. Historic Name: (Unknown)
B2. Common Name: (Unknown)
B3. Original Use: Single-family residential B4. Present Use: Single-family residential B5. Architectural Style: Spanish Colonial Revival
B6. Construction History:

B7. Moved? No Yes Unknown Date: Original Location:

B8. Related Features:

B9a. Architect: (Unknown) b. Builder: (Unknown)
B10. Significance: Theme Ole Hanson/Spanish Village by the Sea Area City of San Clemente Period of Significance 1925-1936 Property Type Residential Applicable Criteria A This one-story single family residence was built in 1935. This property is a typical example of the Spanish Colonial Revival style as represented in San Clemente. This property appears eligible as a contributor to a potential National Register district under Criterion A for its association with the Ole Hanson/Spanish Village by the Sea period of development. It also appears eligible at the local level as a contributor to a potential historic district. It is recommended for retention on the Historic Structures List.

B11. Additional Resource Attributes: : 02 Single Family Property B12. References: Orange County Tax Assessor Records; Historic Resources Survey, Leslie Heumann and Associates, 1995.

B13. Remarks: (none)
B14. Evaluator: Historic Resources Group, Hollywood, CA Date of Evaluation: 9/21/2006
(This space reserved for official comments.)
DPR 523B (1/95) HRG
147
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
3 3 304 AVENIDA SIERRA
9/21/2006
148
149
150
151
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
1 2 210 W MARIPOSA
9/20/2006
PROPERTY NAME Unknown
HISTORIC NAME Unknown
PROPERTY ADDRESS 210 W Mariposa
ASSESSOR PARCEL NUMBER 692-073-04
PROPERTY TYPE Single-family residential

OTHER DESCRIPTION
DATE OF CONSTRUCTION 1928 (F) Building Permit
No substantial changes post-1995 Historic Resources Survey prepared by Leslie Heumann & Associates.

INTEGRITY
STATUS CODE 3D
Appears eligible for the National Register as a contributor to a National Register eligible district through survey evaluation. The property also appears eligible at the local level as a contributor to a potential historic district. It is recommended for retention on the Historic Structures List.

STATUS
Project
Prepared for
Prepared by Historic Resources Group
1728 Whitley Avenue
Hollywood, CA 90028
City of San Clemente
910 Calle Negicio, Suite 100
San Clemente, CA 92673
City of San Clemente Historic Resources Survey Update
This one-story single family residence was built for Ray Barnett, designed by Virgil Westbrook and constructed by A.M. Southwell in 1928. This property is an unique example of the Spanish Colonial Revival style as represented in San Clemente. It appears eligible as a contributor to a potential National Register district under Criterion A for its association with the Ole Hanson/Spanish Village by the Sea period of development (1925-1936).

SIGNIFICANCE
152
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
2 2 210 W MARIPOSA
9/20/2006
Photographs of the Subject Property:
153
154
JDENTIFlCATION AND LOCATION
Stat• of C•llfornt1 • Th• R••ourc .. Ag•noy
DEPARTMENT Of PARKS ANO RECREATION
omcs Of HIITORte PRESEIWATIOH

HISTORIC RESOURCES INVENTORY

1. Historic name Wierk House/Vist.a de I.as Olas
·2. Common Qt eurr•nt nam• :Robison House/Sea Cliff Villas Sor, No. • National~ StaM 3D __ _
Local Dtslgnatlon _____ _
's. Num~, & strMt 402-404 Pasadena CoUrt Crou-cc,rtidor City San Cleifente Vicinity only __ Zlp 92672 -Co-u-nty---Orarijr-"---e---~....._

4. UTM zone 11 A 8 C 0
5, Quad map No.-__ -_-_-_-_ -Pat~~-, No-. -6-9-2--0--31 ___ 0_4---0t-h~e,--69-2--03_1_-0_5______ ------- --------- --------------~---- OESCRIPTION
8, Property cattgocy Buildil:y If district, number of dooum•nted resource$ '7, Briefly descrlbt 1he prtfflrt phys$eal appearance of the property, lnciudlng coridttlon, boundaries, rttlated ftatutff, sv-rrou_nd_lngs_,_and_(lf_appi-_o_· pnaie-· -) atehlt&otu(ilf $1yfe.
located on a large, irregularly shaped parcel overl~ the Pier BoWl district aoo the Pacific o:ean, this is a generoo.sly sizEd, nulti-stocy residence which spills over the cliff fran Pasadena Court to Avenida Victoria. It is Spanish Colonial Revival in style, with stuo:x,ed walls arxi a clay tile roof. WOcden corbels pll')CJtuate the eaves of the shallowly hii;;ped roof. 'lhe one story Pasadena court elevation is asymnetrically organized., ard ireorporates several signature features of the style, incl~ wocd caserent -wi.ndows, sane of which are flanked by shutters, w:rc:u#lt iron grilles am lighting, an elaborately paneled door, ard an attadlei chimney. WOod balconies span the upper story of the four story beach elevation. Stuccced walls terrace the hillside to either side of the l:uildin;J, with mature plantin;Js, }:X>rrl with a fountain, aro aroors left aver fran the original, extensive gardens, Fran the exterior, the Rbbison House ~. to be substantially intact, alth'"Jh it has been converted to nulti-family use. ... • .. ~4 ••
..... :: . ,;;_~ ' . .
a. Planning agen<;y
City of san Clemente

9. Owner & address
Francine J. Deskin
402 Pasadena court
san Clemmte, CA 92672

10. Type of ownership Private

11. Present use Residential

12. Zoning R-4 A,D

13. lhreats _____ Zo ..... nim~--------
S.nd .a copy of this form to: Stat• Offlc. of Historic PrestNatlon, i:,,o, Bex 942896, Saoramento, CA 94296-0001 •eomp1ete tht16 ittms fol' hi~ pr~atlot'l e<lmpllano. p(ojeci$ und61' $ection 106 (36 CFR OCQ),. NI ittms must be ~rnpleted fo< hl$toncal r~u,ces swwy lnfon'natk)n,
DPR 523 {Rev, 6/90)
155
HISi'OAtOAL INFORMATION
•14, CooatrU¢tion date(s) 1927 F Oiglnal looation--=8al'l'e==--~~----- 1&, ~ & date Mll.ti-family o;nyersia, •

10. Hdl~ Virgil ~ (attclb;rted} Svlld« . UnktP@l

11. Hatol'Jo attrioottt (with ni.mbt< 1tom 11st) 02-sirple Family pg;~

SIGNWICAHCE AND EVALUATION
1e. Contlxt fOf tvalu«tioo: Thtmt 1M Spanish Villcge HM- Ban Clenente Daw l"nOV$d _____ _
Period 1926-1930 Property 1YPf ..-..lb=~="'-·_________ Context fomlally dewloptd? ..... Y,,=es=----- •19, Bn•fly dl9¢Ust the pro~rty•• Importance wlthfn th• context, Use hlitotleaJ and archlteoturaJ aMfysls u appropriate. ·Compare wtth 1lmllat pror,tt'ties.

Distinguished by its lcx:ation, scale, architecture an:1 garden, this hoose epitan.izes Ole Hanson*s vision of san Cl~ as a camtntlty of •twbite walled hares bOnneted with red tile.*' Bansal, tt.a foun:ier of Scln Cleroonte, ensured his dream of a Spanish village by the sea by establish.inJ a architectural camdttee to awrove the design of new buildinJs. tJ.'he ardutect llX>St closely associated with the realization of the Spanish style in San Cleoonte was Virgil West.brook •. 'Ihls hcuse was wilt in 1927 for Misses Bertha ard El'lm Wierk, "leaders in the early san Cl~ social scene" (D:>rothy FUller, "Ban Clemente's Historic .~i~, n san Clemente Journal) • It is one of the last extant exanples' of the several ''Villas'' that were the ~laces of the Spanish village, ard was pictured in Hanson• s real estate ~ ant the AU;1Ust 1928 edition of El Heraldo. 'Iba Wierk Hoose was probably desi~ by Virgil westbrook, wh9 was irdividually responsible for greatest n.nnbet' of bliJ.dw:!-3 in the yc.:AJrg cannmity. Althcu:jh the original b.lildmJ recorc:3s predate the oity•s :incorporation ard have been lost, a permit fran 1930 for gardens ard a pxx3. on the prq,e.rty lists Westbrook as the architect. '!he sit.in; of the hcuse to capitalize on the splen:lid sea views an:l the adaptation of the b.tlldirq am 20, Sources
san Clemente Buildirg Perm.its
Oran;Je coonty Tax Assessment Becords
M. MX>Jl, Inventory of san Clemente HUM:Ol1te-Ftae!E$----~----=--::--:::--::-"-:-----::--:---:----, 21, Applicable National Register criteria _.A,..,.,.---=C-~---

22. ~er rtQOQnltionSan Clemente Histor;L,cal Site
Stat• l.Mdmarlc No, (111.f)plloablt) ______ _
23, Evatuatot Iffllie Heumann
Date of tvalua&n __.1 .. 9...,.95..._ __
24, SuMy type Cgnprehensive
25, Sutvey nam. HistQriQ Resources SUryey
•2e, Y•ar form pffpared_19 ..... 9....,5 _______ _
8Y tnJme) Ie,lie Heumann & Associates
O':Q.nli«tion City of San Clemente
Addrt11 lOQ calle Negocio, SUite 100
etty & Zip SNl Clemente 92672
Phon. (714) 498 2533
(
156
St.ate of California " Th• RHourc•• Agency
DEPARTMENT Of PARKS ANO RECREATION
OfflCE Of! HIITOAK: PR£$£AVAnoN

HISTORIC RESOURCES INVENTORY

CONTINUATION SHEET
LOCATION: 402-404 Pasadena Court
SIGNtFICANCI:.:
gardens to the contours of the lan:i are particularly characteristic features of San Clemente's original b.lildirxJ$. 'Ihe survival of several remnants of the gardens deserves special mention; nost of the villas had extensive lan:lscapinj which has largely t:een lost to time. In addition, the sitin;J of the Wierk Hcuse ard the st.uccooo terrace walls serve to tie the ruil.dirg visually to the cluster of distinJuished Spanish banes on Cazador Lane an:l to the late Spanish Colonial Revival styled Beac::h.c:anbet' ?vk)te.l on Avenida Victoria.

After ~taly 20 years, the Wierk.s sold the prq,erty to colonel Gillilarrl, a militaey doctor. It was ao;iuirErl r:1f the Robison family in 1950 (Technical Appen.1ix l:,J Brian F. smith ard Associates, Radisson Resort Hotel Project EIR, 1994) • For it.s contrihition to the 0Spanish Village0 district, its irrlividual qualities, arxi its presumed association with Westbrook, the Wierk Ha.ise appears be eligible for listirq in the National Register and is recanme.rrled for retention on the Historical StructUres List. 157
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
1 4 402-404 PASADENA CT
9/21/2006
PROPERTY NAME Robison House/Sea Cliff Villas
HISTORIC NAME Wierk House/Vista de Las Olas
PROPERTY ADDRESS 402-404 Pasadena Court; 525 Avenida Victoria; 420 Cazador Lane ASSESSOR PARCEL NUMBER 692-031-04; 692-031-05
PROPERTY TYPE Multi-family residential
OTHER DESCRIPTION Originally single-family residential
DATE OF CONSTRUCTION 1927 (E) Tax Assessor
One window altered post-1995 Historic Resources Survey prepared by Leslie Heumann & Associates. Appears to have been altered pre-1988. Though not visible from public right-of-way, remnants of cascading fountain may be extant.

INTEGRITY
STATUS CODE 3B
Appears eligible for the National Register individually and as a contributor to a National Register eligible district through survey evaluation. The property also appears eligible at the local level individually and as a contributor to a potential historic district. (See Continuation Sheet).

STATUS
Project
Prepared for
Prepared by Historic Resources Group
1728 Whitley Avenue
Hollywood, CA 90028
City of San Clemente
910 Calle Negicio, Suite 100
San Clemente, CA 92673
City of San Clemente Historic Resources Survey Update
This multi-story single family residence was built for sisters Bertha and Emma Wierk, designed by Virgil Westbrook and constructed by Joseph Thompson in 1927. (See Continuation Sheet).

SIGNIFICANCE
158
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
SIGNIFICANCE (continued).

It appears eligible for the National Register individually and as a contributor to a potential National Register district under Criterion A for its association with the Ole Hanson/Spanish Village by the Sea period of development (1925-1936), and under Criterion C for its unique interpretation of the Spanish Colonial Revival style in San Clemente and association with architect Virgil Westbrook.

STATUS (continued).

It is recommended for retention on the Historic Structures List.

DPR 523L (1/95) HRG
2 4 402-404 PASADENA CT
9/21/2006
159
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
3 4 402-404 PASADENA CT
9/21/2006
Photographs of the Subject Property:
160
Page of Resource Name or #:

Recorded by: Historic Resources Group Date:

State of California -- The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

CONTINUATION SHEET
Primary #
HRI#
Trinomial
Continuation Update
DPR 523L (1/95) HRG
4 4 402-404 PASADENA CT
9/21/2006
Photographs of the Subject Property, Continued:
161
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: December 10, 2024 Agenda Item: 8B.

Department: Finance & Administrative Services
Prepared By Jake Rahn, Financial Services Officer
Matthew Schmelzel, Management Analyst
Subject:

PUBLIC HEARING - ANNUAL AND FIVE-YEAR REPORTS CONCERNING THE MITIGATION

FEE ACT
Fiscal Impact:

None.

Summary/Background:

The Government Code Sections 66001 and 66006 require local agencies that require the payment of development fees to submit annual and five-year notices detailing the status of those fees. For the City of San Clemente those fees include:
a. Regional Circulation Financing and Phasing Program (RCFPP) b. Public Safety Construction Fee
c. Civic Center Construction Fund Fee
d. Storm Drain Fee – Other (City Infill Development Areas) e. Storm Drain Fee – Segunda Deschecha
f. Storm Drain Fee – Marblehead
g. Storm Drain Fee – Prima Deschecha Canada
h. Water Acreage Fee
i. Sewer Connection Fee
Attached to this report please find the Annual and Five-Year Reports concerning the Mitigation Fee Act for the City of San Clemente for fiscal year(s) ending June 30, 2024 and relevant exhibits. The Annual and Five-Year Reports have been made available to the public at least fifteen (15) days prior to the City Council meeting. The City Council is asked to approve, receive and file these reports.

Council Options:
 Adopt Resolution No. 24-197, which approves, receives and files the Annual and Five-Year Reports concerning the Mitigation Fee Act ending June 30, 2024.  Modify and adopt Resolution No. 24-197.
 Continue the Item and direct staff to provide additional information. 162
Meeting Date: December 10, 2024 Agenda Item: 8B.

CITY OF SAN CLEMENTE 2
Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation
Staff recommends that the City Council Adopt Resolution No. 24-197, which approves, receives and files the Annual and Five-Year Reports concerning the Mitigation Fee Act ending June 30, 2024.
..

Attachment:

1. Resolution No. 24-197
Exhibit A - Annual Mitigation Fee Report
Exhibit B - Five-Year Mitigation Fee Report
Reports and exhibits are available to the public at: https://www.san-clemente.org/departmentsservices/finance-administrative-services/mitigation-fees Notification:

1. Building Industry Association and in accordance with Government Code section 66006(b)(2).

2. Published in the San Clemente Times on November 21, 2024. 163
Attachment 1
RESOLUTION NO. 24-197

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING, RECEIVING
AND FILING THE CITY OF SAN CLEMENTE’S ANNUAL AND

FIVE-YEAR REPORTS CONCERNING THE MITIGATION

FEE ACT
WHEREAS, the State Law under Government Code Section 66001 and 66006 require local agencies that require the payment of development fees to submit annual and five-year notices detailing the status of those fees; and WHEREAS, an annual report concerning the Mitigation Fee Act for the fiscal year ended June 30, 2024 has been prepared and posted in accordance with State law and is attached to this resolution as Exhibit A; and
WHEREAS, the five-year report concerning the Mitigation Fee Act for the period July 1, 2019 through June 30, 2024 has been prepared and posted in accordance with State law and is attached to this resolution as Exhibit B; and
WHEREAS, the annual and five-year report have been made available to the public at least fifteen (15) days prior to the City Council meeting; and WHEREAS, on December 10, 2024, in accordance with State law, the City Council held a duly noticed public hearing concerning the City of San Clemente’s Mitigation Fee Act requirement for the annual report ending June 30, 2024 and the five-year report ending June 30, 2024; and
WHEREAS, the annual and five-year report have 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 reports attached to this resolution as Exhibit A and B are hereby approved, received and filed.

Section 3. 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. 164
Resolution No. 24-197 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-197 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
165
Annual Report
Mitigation Fee Act
Pursuant to Government Code 66006
City of San Clemente
Fiscal Year 2023-24
Government Code Section 66006 provides that a local agency that requires the payment of development fees shall prepare an annual and five-year report detailing the status of those fees. The annual report must be made available to the public within 180 days of the end of the fiscal year. The City Council must review the report at the next regularly scheduled public meeting of the Council that falls at least fifteen (15) days after the information is made available to the public. Government Code Section 66013 has similar requirements for capacity charges.

Pursuant to Government Code Section 66006(b)(1) or section 66013(d), as applicable, the following information must be made available to the public:

1. Provide a brief description of the type of fee in the account or fund. a. Regional Circulation Financing and Phasing Program (RCFPP): The fees are used to mitigate the traffic impacts caused by new development in the Benefit Zones. The fees will cause development in the Benefit Zones to pay their fair share of the construction costs of improvements within the Benefit Zones.
b. Public Safety Construction Fee: The fees are used to mitigate the impact of new development on public safety services.
c. Civic Center Construction Fund Fee: The fees are used to mitigate the impact of new development on the need for additional municipal office space. d. Storm Drain Fee – Other Area (City Infill Development Areas): The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the City Infill Development Areas.
e. Storm Drain Fee – Segunda Deschecha: The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the Segunda Deschecha area. f. Storm Drain Fee – Marblehead: The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the Marblehead area. g. Storm Drain Fee – Prima Deschecha Canada: The fees are used to mitigate new development’s impact on the City’s Storm Drainage Facilities in the Prima Deschecha Canada area.

Exhibit A
166
h. Water Acreage Fee: The fees are used to mitigate the impact of new development on the City’s water system facilities.
i. Sewer Connection Fee: The fees are used to mitigate the impact of new development on the City’s water reclamation plant and collection system.

2. List the amount of the fee
a. Regional Circulation Financing and Phasing Program (RCFPP): Attached as Exhibit #1 b. Public Safety Construction Fee: Attached as Exhibit #2 c. Civic Center Construction Fund Fee: Attached as Exhibit #3 d. Storm Drain Fee – Other Area (City Infill Development Areas): Attached as Exhibit #4 e. Storm Drain Fee- Segunda Deschecha: Attached as Exhibit #4 f. Storm Drain Fee – Marblehead: Attached as Exhibit #4 g. Storm Drain Fee - Prima Deschecha Canada: Attached as Exhibit #4 h. Water Acreage Fee: Attached as Exhibit #5
i. Sewer Connection Fee: Attached as Exhibit #6

3. List the beginning and ending balance of the account or fund. a. Regional Circulation Financing and Phasing (RCFPP):

Beginning balance as of 7/1/23: $ 1,236,854
Ending balance as of 6/30/24: $ 1,268,946
b. Public Safety Construction Fee:

Beginning balance as of 7/1/23: $ 1,125,644
Ending balance as of 6/30/24: $ 1,140,005
c. Civic Center Construction Fund Fee:

Beginning balance as of 7/1/23: $ 175,580
Ending balance as of 6/30/24: $ 185,463
d. Storm Drain Fee – Other Area (City Infill Development Areas) Beginning balance as of 7/1/23: $ 285,045
Ending balance as of 6/30/24: $ 230,952
e. Storm Drain Fee – Segunda Deshecha :

Beginning balance as of 7/1/23: $ 2,123,176
Ending balance as of 6/30/24: $ 1,953,630
167
f. Storm Drain Fee – Marblehead:

Beginning balance as of 7/1/23: $ 67,489
Ending balance as of 6/30/24: $ 46,651
g. Storm Drain Fee –Prima Deshecha Canada:

Beginning balance as of 7/1/23: $ 0
Ending balance as of 6/30/24: $ 0
h. Water Acreage Fee:

Beginning balance as of 7/1/23: $ 3,070,731
Ending balance as of 6/30/24: $ 2,907,366
i. Sewer Connection Fee:

Beginning balance as of 7/1/23: $2,234,321
Ending balance as of 6/30/24: $1,278,606

4. List the amount of the fees collected and the interest earned. a. Regional Circulation Financing and
Fees Collected Interest Earned
/Investment Income
Phasing Program (RCFPP): $ 1,188 $ 57,384
b. Public Safety Construction Fee: $ 33,719 $ 64,581
c. Civic Center Construction Fund Fee: $ 2,290 $ 10,073 d. Storm Drain Fee – Other Area (City Infill
Development Areas): $ 953 $ 12,773
e. Storm Drain Fee – Segunda Deschecha: $ 0 $ 95,144
f. Storm Drain Fee – Marblehead: $ 0 $ 3,024
g. Storm Drain Fee – Prima Deschecha Canada: $ 0 $ 0
h. Water Acreage Fee: $ 6,524 $ 142,972
i. Sewer Connection Fee: $ 0 $ 97,111

5. Provide an identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees.

Attached as Exhibit #7

6. Provide an identification of an approximate date by which the construction of the public improvements will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete. For capacity charges, this section also details any public 168 improvements anticipated to be provided in the following year. a. Regional Circulation Financing and Phasing Program (RCFPP):

The City has determined that sufficient funds have been collected to complete the design for Avenida Pico Bike and Pedestrian Path, Vera Cruz to Frontera, Phase I (project no. 17337). Design is underway and planned for completion in early 2025. It is anticipated that the design will be presented to the City Council for approval in 2025. The City has not determined that sufficient funds have been collected to complete the construction.

The City has determined that sufficient funds have been collected to complete the design for Pico Widening, I-5 to Frontera, project (project no. 18325). Conceptual design is planned for completion in 2024, with construction anticipated in late 2025.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. b. Public Safety Construction Fee:

The City has determined sufficient funds have been collected to complete the second phase of the Calle Negocio remodel project to incorporate a Police Sub-Station on the 2nd Floor.

The 2nd floor improvements were completed in Fall 2022 the parking lot fence and entrance gates installation completion is anticipated in Fall of 2024 (project no. 10546).

The City has determined sufficient funds have been collected to complete the City Hall Generator Installation project. The project is funded with Civic Center and Public Safety Construction Funds, improving power system reliability at City Hall and the Police Substation located on the 2nd floor. Design and advertising are completed and a contract has been awarded with construction anticipated in Fall of 2024 (project no. 14812).

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. c. Civic Center Construction Fund Fee:

The City has determined sufficient funds have been collected to complete the second phase of the Calle Negocio remodel project to incorporate a Police Sub-Station on the 2nd Floor. The 2nd floor improvements in connection with civic center related construction is completed.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. d. Storm Drain Fee – Other Area (City Infill Development areas):

The City has determined that sufficient funds have been collected to complete the required habitat restoration mitigation phase of the MOOS05 Montalvo Canyon Outlet project (Project no. 16004). The MOOS05 Montalvo Canyon Outlet improvements were completed in late 2023 . The required habitat restoration mitigation phase of the project will commence in Fall of 2024. As part of the California Coastal Commission’s permit (CDP) conditions, City is required to maintain and upkeep the restoration work for 5 years.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. e. Storm Drain Fee – Segunda Deshecha:

The City has determined that sufficient funds have been collected to complete the City’s Master Plan of Drainage – Segunda Deshecha project (Project no. 34003). The draft 169 Master Plan of Drainage has been completed by a consultant in FY2018-19. The Master Plan of Drainage is currently under review, and it is anticipated that the plan will be presented to City Council for adoption sometime in Fiscal Year 2025.

The City has determined that sufficient funds have been collected to start design of the Storm Drain Improvements at 1601 Calle Las Bolas (Project No. 10015). Project is under design with anticipated completion in FY 2025.

The City has determined that sufficient funds have been collected to start design of the Catch Basins and Storm Drain Improvements at Intersection of Avenida Presidio and Calle Miguel (Project No. 12003). Project is under design with anticipated completion in FY 2025. Construction funding has not been budgeted yet.

The City has determined that sufficient funds have been collected to start the design of the Catch Basins and Storm Drain Improvements at Intersection of Avenida Pico and Calle Frontera (Project No. 13018). Project is under design with anticipated completion in FY 2025.

The City has determined that sufficient funds have been collected to start the design of the Storm Drain improvements at the intersection of Calle Bonito & Los Molinos (Project No. 14081) Project is under design with anticipated completion in FY 2025.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. f. Storm Drain Fee – Marblehead:

The City has determined that sufficient funds have been collected to start the design of the Marblehead Storm Drain & Water Quality Improvement (project No. 14080). The project is currently under review for an anticipated start date in FY 2025.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. g. Storm Drain Fee – Prima Deshecha Canada:

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. h. Water Acreage Fee:

The City has determined thatsufficientfunds have been collected to complete the Reeves Pump Station project (Project no. 17405) in the Marblehead Coastal area. Final design of the Pump Station is underway, and construction is expected to begin in Fall 2025.

The City has not determined that sufficient funds have been collected to complete the Recycled Water Expansion – Phase II project (Project no. 17407). The project will analyze the potential to expand the existing recycled water system, as completion anticipated in Fall 2024.

The City has determined that sufficient funds have been collected to complete the Dana Point Ocean Desalination study (Project no. 14459) which transition to the design and partnership study for the Doheny Desalination Ocean study (Project no. 38401).

The City has determined that sufficient funds have been collected to complete the Doheny Ocean Desalination study (Project no. 38401). The City is evaluating design, partnership and the cost of participation in the project. Design is anticipated to start in early 2024 by 170 South Coast Water District. The City has not determined that sufficient funds have been collected to complete the desalinization project or its level of participation in the project.

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project. i. Sewer Connection Fee:

The City has determined thatsufficient funds have been collected to complete the Cyprus Shore Pump Station Relocation (Project no. 12210). A construction contract was awarded in May 2024, construction completion is expected in mid-2025.

The City has determined that sufficient funds have been collected to complete the WRP Efficiency Study (Project no. 39201). The project is currently active and continues into FY 2025.

The City has determined that sufficient funds have been collected to complete the WRP Efficiency Study (Project no. 39202). The project is currently active and continues into FY 2025.

The City has not determined that sufficient funds have been collected to complete the Recycled Water Quality Improvements project (Project no. 13203). Design completion is anticipated in January 2025 with construction commencing once additional grant funding is allocated for the project .

The City has not determined that sufficient funds have been collected to complete any improvements ultimately recommended in a Master Plan project.

7. Provide a description of each inter-fund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended and, in the case of an inter-fund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

None.

8. Provide the amount of any refunds made from surplus fees and the amount of any allocations made pursuant to subdivision (f) of Section 66001. (Subdivision (f) of Section 66001 requires reallocation of surplus fees where the administrative costs of refunding the fees exceed the amount to be refunded.)
a. Regional Circulation Financing and Phasing Program (RCFPP):

None.
b. Public Safety Construction Fee:

None.
c. Civic Center Construction Fee:

None.
d. Storm Drain Fee – Other Area (City Infill Development Areas):

None.
e. Storm Drain Fee – Segunda Deschecha:

None.
f. Storm Drain Fee – Marblehead: 171
None
g. Storm Drain Fee – Prima Deschecha Canada:

None.
h. Water Acreage Fee:

None
i. Sewer Connection Fee
None
172
FISCAL YEAR 2024

CITY OF SAN CLEMENTE
RCFPP Impact Fee
Effective July 1, 2023
Exhibit #1
RCFPP (Regional Circulation Financing Phasing Program)
Zone I & II - Marblehead Inland and Coastal
Single Family $7,970/DU
Multi-Family $4,649/DU
Non-Residential $4.50/SF
Zone III - Rancho San Clemente
Single Family $1,340/DU
Multi-Family $782/DU
Non-Residential $1.50/SF
Zone IV - Forster Ranch
Single Family $1,105/DU
Multi-Family $645/DU
Non-Residential TBD
Zone V - Talega Valley City
Single Family $740/DU
Multi-Family $432/DU
Non-Residential $1.00/SF
Zone VI - Talega Valley County
Single Family $545/DU
Multi-Family $318/DU
Non-Residential $1.00/SF
Zone VII, VIII, IX, X
Single Family $900/DU
Multi-Family $525/DU
Non-Residential $1.50/SF
Note:

1. DU stands for Dwelling Unit.

2. SF stands for Square Foot.

3. TBD stands for To Be Determined.
173
FISCAL YEAR 2024

CITY OF SAN CLEMENTE
Public Safety Construction Fee
Effective January 1, 2024
Exhibit #2
Public Safety Construction Fee
Each Residential Unit $1,934.99
Commercial Unit $482.21/1000 sq. ft.

Fee fluctuates annually (Jan 1st) based on the Consumer Price Index and is charged to every new residential and commercial unit.

Note:

DU stands for Dwelling Unit.
174
FISCAL YEAR 2024

CITY OF SAN CLEMENTE
Civic Center Construction Fund Fee
Effective January 1, 2024
Exhibit #3
Civic Center Construction Fund Fee
Residential Unit $666.10
Fee fluctuates annually (Jan 1st) based on the Consumer Price Index and is charged to every new residential unit.

Note:

DU stands for Dwelling Unit.
175
FISCAL YEAR 2024

CITY OF SAN CLEMENTE
Storm Drain Fees
Effective July 1, 2023
Exhibit #4
Storm Drainage Fee:

Other Areas $600/acre
Segunda Deshecha $3,409/acre
Prima Deshecha Canada $5,633/acre
Marblehead Coastal $1,650/acre
176
FISCAL YEAR 2024

CITY OF SAN CLEMENTE
Water Acreage Fee
Effective July 1, 2023
Exhibit #5
Water Acreage Fee
For developments having estimated water demand with the water usage limits set forth herein, the water acreage assessment charge (water connection fee) shall be:

Estimated Water Demand not to exceed*
Existing Developed Areas:

Residential 450 gal/DU/Day* $2,388/acre or
398/DU,
whichever is
greater
Commercial 2500 gal/acre/day* $2,388/acre
Industrial 3500 gal/acre/day* $2,388/acre
Undeveloped Areas:

Residential n/a; fee per DU $3,156/DU
Commercial 2500 gal/acre/day* $10,500/acre
Industrial 3500 gal/acre/day* $10,500/acre
*All requests for commercial or industrial water service, and for multiple residential water service in the "existing developed area" shall be reviewed by the City Engineer for determination of compliance of the proposed use with the above water demand.

For developments which exceed the water demand limits listed above, the water acreage fee shall be calculated as follows:

Existing Developed Areas:

Residential $0.884/gal/day
Commercial $0.955/gal/day
Industrial $0.682/gal/day
Undeveloped Areas:

Residential n/a; fee per DU $3,156/DU
Commercial $4.20/gal/day
Industrial $3.00/gal/day
Note:

1. DU stands for Dwelling Unit.

2. Gal stands for Gallon.
177
FISCAL YEAR 2024

CITY OF SAN CLEMENTE
Sewer Connection Fee
Effective July 1, 2023
Exhibit #6
Sewer Connection Fee: (Acct. 001-000-32372)
(**Sewer Connection Fees were previously automatically increased by 10% at the beginning of each year per San Clemente Municipal Code Sections 13.24.220 and 13.24.250, Ord. 874. There has been a temporary moratorium approved by City Council on December 17, 2019 via resolution 19-055.

Residence or Dwelling Unit, Including Apts.:

Fee Area "A" (areas previously subdivided prior to Ordinance 663 dated 3/5/76) $0** Fee Area "B" (areas subdivided after Ordinance 663, dated 3/5/76, and not included in the original Sewer Assessment District No. 85-1*) $0**
Commercial & Industrial
Fee Areas "A" and "B" (All areas except those included in the original Sewer Assessment District No. 85-1) $0**
Hotel, Motel, Mobile Homes, Etc.

Fee Area "A" (areas previously subdivided prior to Ordinance 663 dated 3/5/76) First Unit: $0**
Each Subsequent Unit: $0**
Fee Area "B" (areas subdivided after Ordinance 663, dated 3/5/76 and not included in the original Sewer Assessment District No. 85-1*)
First Unit: $0**
Each Subsequent Unit: $0**
*Above fees applicable to properties not included in the original Assessment District No. 85-1 (Wastewater Treatment Facilities), which was subsequently refinanced. Properties included in said District have been assessed for sewer facilities and not subject to above fees.

VERIFICATION OF SEWER ASSESSMENT to be obtained from Engineering Division prior to issuance of building permits.

Note:

DU stands for Dwelling Unit.
178
Exhibit #7
FISCAL YEAR 2023-24

CITY OF SAN CLEMENTE
Section 5
Public Improvement Expenditures
Project Name Project # Expenditure % Funded
with Fees
Regional Circulation Financing and Phasing Program (RCFPP) Ave PicoͲClass I Bike/Ped Path Ph I 17337 6,949.00 $ 100% Ave Pico WideningͲIͲ5 to Frontera 18325 9,601.00 $ 100% General Fund Administrative Reimbursement 9,930.00 $ ** 100% Public Safety Construction Fee
Negocio 2nd Floor Design/Police Substation 10546 44,505.30 $ 75% City Hall Generator Installation 14812 23,533.37 $ 100% General Fund Administrative Reimbursement 15,900.00 $ ** 100% Civic Center Construction Fund Fee
General Fund Administrative Reimbursement 2,480.00 $ ** 100% Storm Drain Fee – Other Area (City Infill DevelopmentAreas) MOOS05 Montalvo Canyon Outlet 16004 371,428.87 $ 100% General Fund Administrative Reimbursement 10,260.00 $ ** 100% Storm Drain Fee – Segunda Deschecha
City Master Plan of DrainageͲSegunda Deschecha 34003 327.96 $ 100% SD Improvements at 1601 Calle Las Bolas 10015 180,677.55 $ 100% Catch Basin and SD Improvements at Presidio & Miguel 12003 71,703.28 $ 100% Catch Basin & SD ImprovementͲPico & Frontera 13018 1,741.37 $ 100% SD ImprovementͲCalle Bonito & Los Molinos 14081 $Ͳ * 100% General Fund Administrative Reimbursement 10,240.00 $ ** 100% Storm Drain Fee – Marblehead
Marblehead Coastal SD & WD Improvements 14080 18,772.35 $ 100% General Fund administrative reimbursement 5,090.00 $ ** 100% `
Storm Drain Fee – Prima Deschecha Canada
General Fund Administrative Reimbursement $Ͳ ** 100% 179
Exhibit #7
FISCAL YEAR 2023-24

CITY OF SAN CLEMENTE
Section 5
Public Improvement Expenditures
Project Name Project # Expenditure % Funded
with Fees
Water Acreage Fee
Reeves Pump Station 17405 4,808.58 $ 100% Recycled Water Expansion Phase II 17407 300,162.88 $ 100% Dana Point Ocean Water Desalinization Project 38401 $Ͳ * 100% Doheny Ocean Desalination 14459 $Ͳ * 100% General Fund Administrative Reimbursement 7,890.00 $ ** 100% Sewer Connection Fee
Cyprus Shores PS Relocation 12210 542,877.36 $ 100% Recycled Water Conversion Program 34201 2,005.00 $ 100% WRP Efficiency Study 39202 57,517.25 $ 100% Recycled Water Quality Improvements 13203 582,598.55 $ 100% General Fund Administrative Reimbursement 16,170.00 $ ** 100% * Projects are budgeted, but no costs incurred in the current year. ** Administrative costs is a reimbursement for overhead related to General government costs incurred such as city clerk, finance, treasury, and other general costs. 180
4884-1226-9306 v1
Five-Year
Mitigation Fee Act Report
City of San Clemente
For Fiscal Year 2019-2020 through Fiscal Year 2023-2024 Government Code Section 66001(d)(1), a provision of the Mitigation Fee Act (Government Code Sections 66000 et seq.) provides as follows:
“For the fifth fiscal year following the first deposit (of the development fee) into the account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
(A) Identify the purpose to which the fee is to be put. (B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
(C) Identify all sources and amounts of funding anticipated to complete financing in incomplete [sic] improvements identified in paragraph (2) of subdivision (a) [which paragraph (2) states that the improvements may, but need not, be made by reference to a capital improvement plan, may be made in applicable general or specific plan requirements, or may be made in other public documents that identify the public facilities for which the fee is charged]. (D) Designate the approximate dates on which the funding referred to in subparagraph (C) is expected to be deposited into the appropriate account or fund.” This 5-Year Report covers the 5 fiscal years from FY 2019-2020 through FY 2023-2024.

Each fee program addressed in this Report is addressed in an authorizing provision or provisions of the San Clemente Municipal Code and/or an implementing fee resolution and has been the subject of a detailed study or studies prepared at the time the fee program was instituted (and, in some cases, amended). Such ordinances, resolutions, and prior study(ies) addressed (1) the purpose of the fee, (2) the use to which the fee is to be put, (3) the reasonable relationship between the fee’s use and the type of development project on which the fee is imposed, and (4) the reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed. Each applicable ordinance, resolution, and study (if applicable, as amended) is incorporated into this Report by this reference. The statements in this Report to some extent summarize statements in the ordinance(s), resolution(s), and prior fee study(ies) and should be read consistently therewith.

The following findings are hereby made for those fees that have been in effect for the past five years.

1. Identify the purpose to which the fee is to be put.

Exhibit B
181
2 4884-1226-9306 v1
a. Regional Circulation Financing and Phasing Program (RCFPP): The fee is used to fund major roadway improvements to accommodate new development. (See, generally, Municipal Code Chapter 15.60 and related fee resolution(s).) Projects are identified on Exhibit 1, Section (a). b. Public Safety Construction Fee: The fee is used to mitigate the impact of new development on the need to provide public safety facilities. (See, generally, Municipal Code Chapter 15.52 and related fee resolution(s).) Projects are identified on Exhibit 1, Section (b). c. Civic Center Construction Fund Fee: The fee is used to mitigate the impact of new development on the need to provide public facilities/offices to house municipal staff. (See, generally, Municipal Code Chapter 15.52 and related fee resolution(s).) Projects are identified on Exhibit 1, Section (c).
d. Storm Drain Fee – Other Area (City Infill Development Areas): The fee is used to construct master plan storm drain facilities in City Infill Development Areas. (See, generally, Municipal Code Chapter 15.56.) Projects are identified on Exhibit 1, Section (d). e. Storm Drain Fee – Segunda Deschecha: The fee is used to construct master plan storm drain facilities in the Prima Deschecha Canada drainage basin. (See, generally, Municipal Code Chapter 15.56.) Projects are identified on Exhibit 1, Section (e). f. Storm Drain Fee – Marblehead: The fee is used to construct master plan identified facilities in Marblehead. (See, generally, Municipal Code Chapter 15.56.) Projects are identified on Exhibit 1, Section (f).
g. Storm Drain Fee – Prima Deschecha Canada: The fee is used to construct master plan identified facilities in the Prima Deschecha Canada drainage basin. (See, generally, Municipal Code Chapter 15.56.) Projects are identified on Exhibit 1, Section (g). h. Water Acreage Fee: The fee is used to mitigate the impact of new development on the City’s water reclamation plant and sanitary facilities. (See, generally, Municipal Code Sections

13.24.220-13.24.260.) Projects are identified on Exhibit 1, Section (h). i. Sewer Connection Fee: The fee is used to mitigate the impact on the City’s water reclamation plant and sanitary sewer facilities. (See, generally, Municipal Code Sections 13.24.220-

13.24.260.) Projects are identified on Exhibit 1, Sections (i).

2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
a. Regional Circulation Financing and Phasing Program (RCFPP): Roadway improvements to be funded from the RCFPP and necessary to provide an adequate transportation system are determined by the City Council, based upon recommendations from the City Manager and/or Public Works Department. The Public Works Department is responsible for establishing cost estimates for the planned improvements. Based upon available funding, the City Council 182
3 4884-1226-9306 v1
prioritizes the construction of specific projects. The fee originally was calculated by dividing the improvement cost estimates for the then-designated roadway improvements to be funded from the RCFPP by the total number of single family, multifamily and non-residential commercial construction units planned to be built within specific benefit zones of the City.

Since that time, projects have been added to the RCFPP without increasing the amount of the fee, which has resulted in a situation in which the RCFPP will not be sufficient to completely fund all identified improvements—but there is still a reasonable relationship between the fee and the purpose for which the fee is charged.
b. Public Safety Construction Fee: The fee has been calculated based on the projected need for public safety facilities (police, emergency medical, fire, and other related services) generated by new development occurring in the City since the fees were established. The Public Works Department is responsible for establishing cost estimates for the planned improvements, including land acquisition. The amount of the fee is then calculated by dividing the estimated improvement cost by the number of new residential units and the square footage of planned commercial and industrial space in the City.
c. Civic Center Construction Fund Fee: The fee has been calculated based on the projected need for civic center facilities generated by new development occurring in the City since the fee was established. The Public Works Department is responsible for establishing cost estimates for the planned improvements, including land acquisition. The amount of the fee is then calculated by dividing the estimate improvement cost by the number of new residential units. d. Storm Drain Fee – Other Area (City Infill Development Areas): The fee has been calculated based on the projected need for public storm drain facilities generated by new development in the area of benefit. The Public Works Department is responsible for establishing cost estimates for the planned improvements, including land acquisition. The amount of the fee is then calculated based upon the runoff coefficient for each proposed land use category and the size/acreage of the proposed development.
e. Storm Drain Fee – Segunda Deshecha: The fee has been calculated based on the projected need for public storm drain facilities generated by new development in the area of benefit.

The Public Works Department is responsible for establishing cost estimates for the planned improvements, including land acquisition. The amount of the fee is then calculated based upon the runoff coefficient for each proposed land use category and the size/acreage of the proposed development.
f. Storm Drain Fee – Marblehead: The fee has been calculated based on the projected need for public storm drain facilities generated by new development in the area of benefit. The Public Works Department is responsible for establishing cost estimates for the planned improvements, including land acquisition. The amount of the fee is then calculated based upon runoff coefficient for each proposed land use category and the size/acreage of the proposed development.
183
4 4884-1226-9306 v1
g. Storm Drain Fee – Prima Deshecha Canada: The fee has been calculated based on the projected need for public storm drain facilities generated by new development in the area of benefit. The Public Works Department is responsible for establishing cost estimates for the planned improvements, including land acquisition. The amount of the fee is then calculated based upon the runoff coefficient for each proposed land use category and the size/acreage of the proposed development.
h. Water Acreage Fee: The fee has been calculated based on the projected need for public domestic/reclaimed water facilities generated by new development in the City. The Public Works Department is responsible for establishing cost estimates or the planned improvements, including land acquisition. The amount of the fee is then calculated based upon the number of units for residential uses, and the number of commercial or industrial acreage for developed or undeveloped areas. The number of units helps to determine the demand for water, its impact on the overall system and future capacity needs, and the marginal cost for related facilities. The fee is also determined based on the estimated water demand of the development.
i. Sewer Connection Fee: The fee has been calculated based on the projected need for public sanitary sewer transmission and treatment facilities generated by new development in the City. The Public Works Department is responsible for establishing cost estimates for the planned improvements, including land acquisition. The amount of the fee is then calculated based on the number of dwelling units for residential uses, and the parcel’s acreage for commercial, industrial and institutional facilities. The number of connections helps to determine the maximum amount of sewage that would be generated at those points and, thus, measure their impact on the overall system and future capacity needs.

Due to escalating cost of impact fee, on December 17, 2019, the City Council imposed a mortarium on the Connection Fees until a new study can be conducted.

3. Identify all funding sources and amounts of funding anticipated to complete financing of incomplete improvements identified.
a. Regional Circulation Financing and Phasing Program (RCFPP) Improvements: The source of funding for these improvements is the RCFPP fee. However, the City will solicit financial support from the County of Orange Measure M Initiative and from the Federal Government through Transportation Enhancement Activities to fully fund the identified projects. The amount of funding required for the various improvements at issue is estimated to be $4.5 million dollars, as detailed in Exhibit 1(a). These estimates will require further analysis of the costs of the improvements and any related land purchases and construction, which fluctuate greatly over time.
b. Public Safety Improvements: The funding source for the public safety facilities is the Public Safety Construction Fee. The amount of funding required for the improvements at issue is estimated to be $4.86 million dollars, as detailed in Exhibit 1(b). However, these estimates will require further analysis of the costs of the improvements and any related land purchases and construction, which fluctuate greatly over time.
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c. Civic Center Improvements: The funding source for the identified facilities is the Civic Center Construction Fund Fee. The City estimates that improvements are not needed at this time as shown in Exhibit 1(c).
d. Storm Drain Improvements – Other Area (City Infill Development Areas): The funding source for the identified facilities is the Storm Drain Fee (City Infill Development Areas). The City anticipates needing $1.15 million dollars before being able to complete the improvements, as detailed in Exhibit 1(d). However, these estimates will require further analysis of the costs of the improvements and any related land purchases and construction, which fluctuate greatly over time.
e. Storm Drain Improvements - Segunda Deshecha: The funding source for the identified facilities and improvements is the Storm Drain Fee – Segunda Deshecha. The City anticipates needing $9.8 million dollars before being able to complete the improvements, as detailed in Exhibit 1(e). However, these estimates will require further analysis of the costs of the improvements and any related land purchases and construction, which fluctuate greatly over time.
f. Storm Drain Improvements – Marblehead: The funding source for the identified facilities and improvements is the Storm Drain Fee - Marblehead. The City anticipates needing $500 thousand dollars before being able to complete the improvements, as detailed in Exhibit 1(f). However, these estimates will require further analysis of the costs of the improvements and any related land purchases and construction, which fluctuate greatly over time.
g. Storm Drain Improvements – Prima Deshecha Canada: The funding source for the identified facilities and improvements is the Storm Drain Fee—Prima Deshecha Canada. The City does not anticipate needing funding at this time, as shown in Exhibit 1(g). However, these estimates will require further analysis of needed improvements and any related land purchases and construction, which fluctuate greatly over time. h. Water Acreage Improvements: The funding source for the identified facilities and improvements is the Water Acreage Fee. The City anticipates needing $7.1 million dollars before being able to complete the improvements, as detailed in Exhibit 1(h). However, these estimates will require further analysis of the costs of the improvements and any related land purchases and construction, which fluctuate greatly over time.
i. Sewer Connection Improvements: The funding source for the identified facilities and improvements is the Sewer Connection Fee. The City anticipates needing $18.65 million dollars before being able to complete the improvements, as detailed in Exhibit 1(i). However, these estimates will require further analysis of the costs of the improvements and any related land purchases and construction, which fluctuate greatly over time.
185
6 4884-1226-9306 v1

4. Designate the approximate dates on which the funding referred to in paragraph 3 is expected to be deposited into the appropriate account or fund.
a. Regional Circulation Financing and Phasing Program (RCFPP) Improvements: All fees previously collected already have been deposited into the appropriate fund. Receipt dates for future fees yet to be collected will occur over multiple years as development projects are initiated. The City also has received funding commitments in the past from the County of Orange and from the Federal Government. It is not known when, if any, additional grant money may be received from these agencies. Due to a number of variables, including the uncertainty related to the amount of interest earnings the City will generate on funds previously collected, fluctuations in land values and construction and consultant costs, and the above-mentioned uncertainty regarding when additional development subject to the fee will occur and additional fee revenues will be collected, it is difficult to estimate an approximate date by which the City will have enough funding. Nonetheless, given that the list of projects to be funded with the RCFPP has a higher estimated cost than the amount of fee revenue the City expects to generate, the limited amount of additional development the City anticipates will occur that is subject to payment of the fee, and the uncertainty of other sources of funding, the City does not foresee that it will have enough RCFPP fee revenue to complete as-yet uncompleted RCFPP improvements for approximately 20 or more years.

Since that date may change, the City will announce when it has sufficient funding in order to comply with Government Code section 66001(e).
b. Public Safety Improvements: All fees previously collected already have been deposited into the appropriate fund. Receipt dates for future fees yet to be collected will occur over multiple years as development projects are initiated. Due to a number of variables, including the uncertainty related to the amount of interest earnings the City will generate on funds previously collected, fluctuations in land values and construction and consultant costs, and the above-mentioned uncertainty regarding when additional development subject to the fee will occur and additional fee revenues will be collected, it is difficult to estimate an approximate date by which the City will have enough funding. The City approximates it will have enough funding within 10 years; however, since that date may change, the City will announce when it has sufficient funding in order to comply with Government Code section 66001(e).
c. Civic Center Construction Improvements: All fees previously collected already have been deposited into the appropriate fund. Receipt dates for future fees yet to be collected will occur over multiple years as development projects are initiated and/or surplus property is declared and sold. Due to a number of variables, including the uncertainty related to the amount of interest earnings the City will generate on funds previously collected, fluctuations in land values and construction and consultant costs, and the above-mentioned uncertainty regarding when additional development subject to the fee will occur and additional fee 186
7 4884-1226-9306 v1
revenues will be collected, it is difficult to estimate an approximate date by which the City will have enough funding. The City approximates it will have enough funding within 10 years; however, since that date may change, the City will announce when it has sufficient funding in order to comply with Government Code section 66001(e).
d. Storm Drain Improvements– Other Area (City Infill Development Areas): All fees previously collected already have been deposited into the appropriate fund. Receipt dates for future fees yet to be collected will occur over multiple years as development projects are initiated.

Due to a number of variables, including the uncertainty related to the amount of interest earnings the City will generate on funds previously collected, fluctuations in land values and construction and consultant costs, and the above-mentioned uncertainty regarding when additional development subject to the fee will occur and additional fee revenues will be collected, it is difficult to estimate an approximate date by which the City will have enough funding. The City approximates it will have enough funding within 20 years; however, since that date may change, the City will announce when it has sufficient funding in order to comply with Government Code section 66001(e).
e. Storm Drain Improvements– Segunda Deshecha: All fees previously collected already have been deposited into the appropriate fund. Receipt dates for future fees yet to be collected will occur over multiple years as development projects are initiated. Due to a number of variables, including the uncertainty related to the amount of interest earnings the City will generate on funds previously collected, fluctuations in land values and construction and consultant costs, and the above-mentioned uncertainty regarding when additional development subject to the fee will occur and additional fee revenues will be collected, it is difficult to estimate an approximate date by which the City will have enough funding. The City approximates it will have enough funding within 20 years; however, since that date may change, the City will announce when it has sufficient funding in order to comply with Government Code section 66001(e).
f. Storm Drain Improvements– Marblehead: All fees previously collected already have been deposited into the appropriate fund. Receipt dates for future fees yet to be collected will occur over multiple years as development projects are initiated. Due to a number of variables, including the uncertainty related to the amount of interest earnings the City will generate on funds previously collected, fluctuations in land values and construction and consultant costs, and the above-mentioned uncertainty regarding when additional development subject to the fee will occur and additional fee revenues will be collected, it is difficult to estimate an approximate date by which the City will have enough funding. The City approximates it will have enough funding within 20 years; however, since that date may change, the City will announce when it has sufficient funding in order to comply with Government Code section 66001(e).
g. Storm Drain Improvements– Prima Deshecha Canada: All fees previously collected already have been deposited into the appropriate fund. Receipt dates for future fees yet to be collected will occur over multiple years as development projects are initiated. Due to a number of variables, including the uncertainty related to the amount of interest earnings the City will generate on funds previously collected, fluctuations in land values and construction 187
8 4884-1226-9306 v1
and consultant costs, and the above-mentioned uncertainty regarding when additional development subject to the fee will occur and additional fee revenues will be collected, it is difficult to estimate an approximate date by which the City will have enough funding. The City approximates it will have enough funding within 20 years; however, since that date may change, the City will announce when it has sufficient funding in order to comply with Government Code section 66001(e).

h. Water Acreage Improvements: All fees previously collected already have been deposited into the appropriate fund. Receipt dates for future fees yet to be collected will occur over multiple years as development projects are initiated. Due to a number of variables, including the uncertainty related to the amount of interest earnings the City will generate on funds previously collected, fluctuations in land values and construction and consultant costs, and the above-mentioned uncertainty regarding when additional development subject to the fee will occur and additional fee revenues will be collected, it is difficult to estimate an approximate date by which the City will have enough funding. The City approximates it will have enough funding within 20 years; however, since that date may change, the City will announce when it has sufficient funding in order to comply with Government Code section 66001(e).
i. Sewer Connection Improvements: All fees previously collected already have been deposited into the appropriate fund. Receipt dates for future fees yet to be collected will occur over multiple years as development projects are initiated. Due to a number of variables, including the uncertainty related to the amount of interest earnings the City will generate on funds previously collected, fluctuations in land values and construction and consultant costs, and the above-mentioned uncertainty regarding when additional development subject to the fee will occur and additional fee revenues will be collected, it is difficult to estimate an approximate date by which the City will have enough funding. The City approximates it will have enough funding within 20 years; however, since that date may change, the City will announce when it has sufficient funding in order to comply with Government Code section 66001(e).

Pursuant to Government Code 66001(e), within 180 days of a determination that sufficient funds have been collected, the City will identify an approximate date for the commencement of construction of the uncompleted public improvements/facilities for which the applicable impact fees were collected.

However, since the City has not yet made that determination for any of the above fees, the City is not designating an approximate date for the commencement of construction at this time. 188
Exhibit #1

FIVE YEAR MITIGATION REPORT

CITY OF SAN CLEMENTE
Section 1
Purpose to which fees will be put:

Project Name Project
Estimated Total Project
Cost
% Estimated to be
Funded with Fees
(a) Regional Circulation Financing and Phasing Program (RCFPP) Ave Pico ‐ Class I Bike/Ped Path Phase I 17337 300,025 $ 100% Ave Pico Widening ‐ I‐5 to Frontera 18325 203,459 $ 100% Intersection Improvements: AVH
& La Pata Future 875,000 $ 100%
Intersection Improvements: AVH
& Vera Cruz Future 1,000,000 $ 100%
Intersection Improvements: Pico
& Amanecer Future 750,000 $ 100%
Intersection Improvements: Pico
& Del Cerro Future 875,000 $ 100%
Intersection Improvements: Pico
& La Pata Future 500,000 $ 100%
Total 4,503,484 $
(b) Public Safety Construction Fee
Negocio 2nd Floor Design/Police Substation 10546 4,115,912 $ 75% City Hall Generator Installation 14812 750,003 $ 100%
Total 4,865,916 $
(c) Civic Center Construction Fund Fee
$ ‐
100%
(d) Storm Drain Fee
– Other Area (City Infill Development Areas)
MOOS05 Montalvo Canyon Outlet 16004 749,984 $ 100%
SD Improvement at PCH
& Camino 10016 397,285 $ 100%
189
Exhibit #1

FIVE YEAR MITIGATION REPORT

CITY OF SAN CLEMENTE
Section 1
Purpose to which fees will be put:

Project Name Project
Estimated Total Project
Cost
% Estimated to be
Funded with Fees
Total 1,147,269 $
(e) Storm Drain Fee
– Segunda Deschecha
City Master Plan of Drainage ‐ Segunda Deschecha 34003 130,075 $ 100% Catch Basin and SD Improvements at Presido
& Miguel 12003 750,000 $ 100%
Catch Basin
& SD Improvement‐Pico and Frontera 13018 7,984,301 $ 100% SD Improvement ‐ Calle Bonito
& Los Molinos 14081 650,000 $ 100%
SD Improvement ‐ Santa Margarita
& Corta Future 300,000 $ 100%
Total 9,814,377 $
(f) Storm Drain Fee
– Marblehead
Marblehead Coastal SD
& WD Improvements 14080 500,002 $ 100%
Total 500,002 $
(g) Storm Drain Fee
– Prima Deschecha Canada
$ ‐
190
Exhibit #1

FIVE YEAR MITIGATION REPORT

CITY OF SAN CLEMENTE
Section 1
Purpose to which fees will be put:

Project Name Project
Estimated Total Project
Cost
% Estimated to be
Funded with Fees
(h) Water Acreage Fee
Reeves Pump Station 17405 3,539,085 $ 100%
Recycled Water Expansion Phase II 17407 1,324,629 $ 100% Dana Point Ocean Water Desalinization Project 38401 703,524 $ 100% Doheny Ocean Desalination 14459 1,500,000 $ 100%
Total 7,067,238 $
(i) Sewer Connection Fee
Cyprus Shores PS Relocation 12210 5,272,457 $ 100%
Recycled Water Conversion Program 34201 689,014 $ 100%
WRP Efficiency Study 39202 599,998 $ 100%Recycled Water Quality Improvements 13203 2,219,055 $ 100% SMWD Trampas Recycled Water Reservoir 12207 3,100,000 $ 100% SMWD Pico Recycled Water Pump Station 12206 611,800 $ 100% Sludge Dehydration System Future 2,060,000 $ 100%
WRP Co‐Generation Future 3,000,000 $ 100%Aeration Basin Conversion to Flow Equalization Future 1,000,000 $ 100% Material Storage Area Future 100,000 $ 100%
Total 18,652,325 $
191
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: December 10, 2024 Agenda Item: 8C.

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

CONSIDERATION OF A RESOLUTION TO APPROVE A SUBSTANTIAL AMENDMENT TO THE 2024-2025 ANNUAL ACTION PLAN FOR EXPENDITURES OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ..body
Fiscal Impact:

No fiscal impact. At the April 16, 2024, City Council meeting, the Council accepted $317,551.00 in 2024 Community Development Block Grant (CDBG) funds into the Miscellaneous Grant Fund. An additional $134,471 in prior year CDBG unprogrammed funds was also allocated at this time via the adoption of an Annual Action Plan. The Annual Action Plan’s associated Expenditure Plan outlines the activities set to receive CDBG funding for that fiscal year. At the conclusion of the previous fiscal year (FY 2023-24), additional uncommitted CDBG funding has been identified. To better ensure the timely use of CDBG funds, a new capital improvement project has been identified for FY 2024-25 that will utilize $150,000 of these uncommitted CDBG funds.

Summary:

For the City Council’s consideration is a resolution, provided as Attachment 1, to approve and adopt an amended 2024-2025 Annual Action Plan (AAP) as required by the U. S. Department of Housing and Urban Development (HUD), provided as Exhibit A of Attachment 1. The purpose of the AAP is to receive the City's annual allocated CDBG funds and set forth specific activities to be funded for the program year. When a new activity is identified for CDBG funding within that program year, a Substantial Amendment to the AAP is required to be submitted to HUD for review and approval. Staff proposes a substantial amendment to the FY 2024-25 AAP to add a new project to address physical accessibility barriers at the San Clemente Community Center's restrooms for persons with limited mobility and other physical disabilities in order to comply with the Americans with Disabilities Act (ADA). This proposal utilizes uncommitted funds from the prior year CDBG program.

Background:

Each year, HUD determines the amount of CDBG funds the City receives based on various community factors such as population, household income, and housing needs. All recipients of CDBG funds are required to prepare a Consolidated Plan. The Consolidated Plan is a five-year strategic plan that identifies a jurisdiction's priority housing and community development needs. It also outlines specific goals and objectives that will guide the City's CDBG funding priorities over five years. A component of the Consolidated Plan is the AAP. The AAP lists eligible activities to be carried out during a fiscal year with CDBG funds that address Consolidated Plan goals. 192
Meeting Date: December 10, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE 2
Per HUD regulations that govern the AAP planning and preparation process, a substantial amendment to the AAP is required when there are significant changes to the plan, such as adding an activity that was not initially listed in an approved AAP. As outlined above, additional uncommitted CDBG funds were identified at the conclusion of FY 2023-24. To ensure the timely expenditure of CDBG funds, staff has identified a new project - upgrades to the restrooms at the San Clemente Community Center to comply with the Americans with Disabilities Act.

HUD regulations require the amended Annual Action Plan to be available for public review for 30 days. The City must also hold a public hearing to obtain public input regarding the proposed substantial amendment to the Annual Action Plan. To this end, a notice was published in the San Clemente Times on November 7, 2024, announcing the 30-day comment period and the December 10, 2024, public hearing. The required comment period commenced on November 10, 2024, and ended on December 9, 2024.

Discussion:

All recipients of CDBG funds are required to prepare a Consolidated Plan. The Consolidated Plan identifies a jurisdiction's housing and community development needs. It also outlines specific goals and objectives that will guide the City's CDBG funding priorities over a multi-year period.

The City Council adopted the current Consolidated Plan in May 2020. According to the City's 2020-2024 Consolidated Plan, CDBG funding priorities fall into four general categories: 1) public improvements, 2) housing and commercial rehabilitation, 3) public services, and 4) program administration. The project spurring the amendment specifically involves improving restrooms at the City’s community center located at 100 N. Calle Seville.

Proposed Amendment
The proposed substantial amendment to the FY 2024-25 AAP will add a new project to the plan that will eliminate physical accessibility barriers at the San Clemente Community Center's restrooms for persons with limited mobility and other physical disabilities in order to comply with the ADA. This proposed activity supports the local community development priorities, including promoting equal access to public facilities and enhancing community inclusivity.

The proposed project involves upgrading the existing restrooms at the Community Center to comply with current ADA regulations. Improvements include reconfiguring restroom stalls and installing fixtures, grab bars, and sinks to accommodate individuals with mobility challenges and enhance the center's accessibility for a broader range of residents. These improvements will ensure that the community center is welcoming and inclusive for persons with physical limitations.

The draft amended 2024-2025 AAP provides additional details regarding the recommended proposed activity. The proposed amended AAP (Exhibit A of Attachment 1) includes highlighted text to indicate the additional language included in the previously approved AAP to address this new project. Below is a summary of the proposed updated CDBG Allocations for FY 2024-25. 193
Meeting Date: December 10, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE 3
TABLE 1: PROPOSED UPDATED FY 2024-25 CDBG ALLOCATIONS
2024-25 CDBG PROPOSED ACTIVITY PROPOSED CDBG

FUNDING
Public Facility Improvements:
 Max Berg Park Improvements (Phase 2)
 Bonito Canyon Park Improvements
 Community Center Restroom Upgrades (ADA) #
$411,522.00
Housing Rehabilitation:

Housing rehabilitation assistance for owner-occupied * $75,000.00 Commercial Rehabilitation:

Business Façade Improvement grants $6,000.00
Public Services:

Youth, seniors, and other low/mod-income households $46,000.00 CDBG Administration:

CDBG Program oversight and Fair Housing counseling $63,500.00 TOTAL: $602,022.00
2024-25 CDBG RESOURCES
2024-25 CDBG Grant $317,551.00
Prior Year Funds $134,471.00
Uncommitted CDBG Funds # $150,000.00
TOTAL: $602,022.00
# Proposed FY 24-25 Amendment.
** Plus program income received during FY 24-25 from repayment of prior funded housing rehab loans.

Council Options:
 Adopt Resolution No. 24-198, which will, (1) approve and adopt the Substantially Amended 2024-2025 AAP for the inclusion of the new ADA restroom project at the Community Center, (2) authorize the City Manager to submit the AAP to HUD to execute the amended contract and related agreements, forms, and certifications, (3) authorize the use of existing uncommitted CDBG funds for the new project.
 Modify and adopt Resolution No. 24-198.
 Continue the item and direct staff to provide additional information. Note that continuing the item may result in delays in the approval process and/or warrant notice from HUD on proper closure/submittal of the AAP.
 Do not adopt Resolution No. 24-198. This would result in possible disruption of current CDBG projects underway and implicate use of CDBG funds.

Environmental Review/Analysis:

Not a project pursuant to CEQA Guidelines Section 15378 (14 CCR 15378). The approval of the Substantially Amended 2024-2025 Annual Action Plan for the use of Community Development Block Grant Funds has no potential for resulting in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Appropriate CEQA determinations will be made for this project to ensure compliance. 194
Meeting Date: December 10, 2024 Agenda Item: 8C.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation
STAFF RECOMMENDS THAT the City Council approve and adopt Resolution No 24-198, which would accomplish the following:

1. Approve and adopt the Substantial Amendment to the 2024-2025 Annual Action Plan acknowledging the new ADA restroom project at the San Clemente Community Center, which utilizes Community Development Block Grant Funds.

2. Authorize the City Manager to submit the Substantial Amendment to the 2024-2025 Annual Action Plan to HUD and execute related HUD contracts, agreements, forms, and certifications. ..recommendation
..end
Attachment:

1. Resolution No 24-198
Exhibit A - Substantially Amended 2024-2025 Annual Action Plan Notification:

Public notice published in the San Clemente Times
195
Attachment 1
RESOLUTION NO. 24-198

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING A
SUBSTANTIAL AMENDMENT TO THE 2024-2025 ANNUAL

ACTION PLAN AND AUTHORIZING SUBMISSION OF THE
AMENDED PLAN TO THE U.S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT
WHEREAS, the City of San Clemente is eligible to participate in the U.S.

Department of Housing and Urban Development’s (“HUD”) Community Development Block Grant ("CDBG") Program; and
WHEREAS, to receive CDBG funds, the City of San Clemente must prepare the Consolidated Plan, which includes a one-year expenditure plan known as the Annual Action Plan; and
WHEREAS, per Chapter 24 Part 91 of the Code of Federal Regulations, which governs the Consolidated Planning requirements for specific HUD programs, a substantial amendment to the Annual Action Plan is required when there are significant changes, such as the addition of new activities; and
WHEREAS, a substantial amendment to the Annual Action Plan for FY 2024-25 proposes a new project to enhance the San Clemente Community Center, with a focus on upgrading the center’s restrooms to comply with the Americans with Disabilities Act.

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

SECTION 1. The City Council hereby approves the Substantial Amendment to the 2024-2025 Annual Action Plan, a copy of which is attached hereto as Exhibit A and is incorporated herein by reference.

SECTION 2. The Community Development Director is authorized to submit the Substantial Amendment to the 2024-2025 Annual Action Plan to HUD on behalf of the City.

SECTION 3. The City Manager, or the City Manager's designee, is hereby authorized and directed to approve and execute any and all HUD- and/or CDBG-related applications, certifications, agreements, and/or other documents or instruments necessary to implement the approvals and authorizations set forth herein, related to the Substantial Amended to the 2024-2025 Annual Action Plan.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 196
Resolution No. 24-198 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
197
Resolution No. 24-198 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. 24-198 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
198

EXHIBIT A

CITY OF SAN CLEMENTE
2024-2025
CDBG Annual Action Plan
Approved: April 17, 2024
Draft Substantial Amendment #1: October 29, 2024
199
i
OMB Control No: 2506Ͳ0117 (exp. 09/30/2021) 4/17/24
Contents
Executive Summary
APͲ05 Executive SummaryͲ24 CFR 91.200(c), 91.220(b) ........................................................................ 1 PRͲ05 Lead & Responsible Agencies – 91.200(b)...................................................................................... 4 APͲ10 Consultation – 91.100, 91.200(b), 91.215(l)................................................................................... 5 APͲ12 Participation – 91.105, 91.200(c) ................................................................................................. 10 Expected Resources
APͲ15 Expected Resources – 91.220(c) (1, 2) ......................................................................................... 11 Annual Goals and Objectives
APͲ20 Annual Goals and ObjectivesͲ91.420, 91.220(c)(3)&(e)............................................................. 14 APͲ35 Projects – 91.220(d) ..................................................................................................................... 17 APͲ38 Projects Summary......................................................................................................................... 18 APͲ50 Geographic Distribution – 91.220(f)............................................................................................. 25 Affordable Housing
APͲ55 Affordable Housing – 91.220(g) ................................................................................................... 26 APͲ60 Public Housing – 91.220(h)........................................................................................................... 27 APͲ65 Homeless and Other Special Needs Activities – 91.220(i)............................................................ 28 APͲ75 Barriers to affordable housing – 91.220(j) ................................................................................... 30 APͲ85 Other Actions – 91.220(k)............................................................................................................. 31 Program Specific Requirements
APͲ90 Program Specific Requirements – 91.220(l)(1,2,4) ...................................................................... 34 Attachments
Attachment 1: Summary of Prior Accomplishments
Attachment 2: Public Notice and Summary of Public Comments Attachment 3: CDBG Eligible Area Census Tract Block Groups Attachment 4: Analysis of Impediments Analysis Summary and Action Plan SFͲ424s and Certifications
200
1 OMB Control No: 2506Ͳ0117 (exp. 09/30/2021) 4/17/24
A substantial amendment to recognize additional CDBG funding resources and to add a new activity.

Executive Summary
APͲ05 Executive SummaryͲ24 CFR 91.200(c), 91.220(b)

1. Introduction
The 2024Ͳ2025 Annual Action Plan for the City of San Clemente satisfies federal requirements to receive Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD). The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for lowͲand moderateͲincome individuals.

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

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

HUD has notified the City that it will receive $317,551 in CDBG funding for the Fiscal Year (FY) 2024Ͳ2025 – approximately 1% more than the City's current year CDBG allocation. The City has also identified $134,471 in prior year CDBG funds that will be available during FY 2024Ͳ2025 to fund eligible activities. Program income received during FY 2024Ͳ2025 will be available to support housing rehabilitation activities.

The 2024Ͳ2025 Action Plan details the specific activities the City will undertake with CDBG resources to address the housing and community needs identified in the Consolidated Plan. Planned activities include housing rehabilitation, minor commercial property improvements, public infrastructure improvements, public social services grants, and program administration (including fair housing services).

December 2024 Amendment
A substantial amendment to the 2024Ͳ2025 Action Plan will recognize an additional $150,000 in prior year uncommitted CDBG funds previously held in reserve. These CDBG resources will be used to fund Americans with Disabilities Act (ADA) compliant improvements at the San Clemente Community Center, located at 100 N Calle Seville.
201
2 OMB Control No: 2506Ͳ0117 (exp. 09/30/2021) 4/17/24

2. Summarize the objectives and outcomes identified in the Plan The fiveͲyear CDBG program objectives and outcomes identified in the 2020Ͳ2024 Consolidated Plan are summarized below. Corresponding proposed outcomes for FY 2024Ͳ25 are also provided below:
x Infrastructure and Facility Improvements: Improve public infrastructure and facilities that benefit 7,000 lowͲand moderateͲincome residents / FY 24Ͳ25 Goal: 2 project (year 2 funding for Max Berg Park, which will benefit 4,090 residents and Bonito Canyon Park Improvements, which will benefit 4,130 residents)
x Provide housing rehabilitation assistance to 20 homeowners and 2 rental housing owners / FY 24Ͳ 25 Goal: Rehab 3 ownerͲoccupied and 0 rental units
x Provide access to public social services for 12,500 lowͲand moderateͲincome persons / FY 24Ͳ25 Goal: Assist 2,721 individuals
x Provide access to housing and supportive services for 2,500 persons at risk of becoming homeless or who are homeless / FY 24Ͳ25 Goal:Assist 1,690 with services to prevent homelessness x Support activities to promote economic opportunities by assisting 10 businesses that serve lowerͲ income residents / FY 24Ͳ25 Goal: Assist 3 businesses
x Provide CDBG program oversight and coordination, including fair housing services to 300 households / FY 24Ͳ25 Goal: Provide 1 Year of program admin and assist 50 households with fair housing services

3. Evaluation of past performance
FY 2023Ͳ2024 (the current fiscal year) is the fourth year of the City's 2020Ͳ2024 Consolidated Plan cycle.

Most planned activities will be completed by June 30, 2024. A table that summarizes the City's Consolidated Plan goals for three completed program years (FY 2020Ͳ2021, FY 2021Ͳ2022, and FY 2022Ͳ 2023) is provided in Attachment 1.

4. Summary of Citizen Participation Process and consultation process Resident and community stakeholder participation in prioritizing the use of CDBG funds is an essential component of the Consolidated Plan (and Action Plan) planning process. For the 2024Ͳ2025 Action Plan, the City obtained public input in a variety of ways:
x Consistent with HUD regulations (24 CFR 91.105 (a)(2)(iv)), the City utilized focus groups to ascertain public service grant priority needs. Specifically, the City's Social Service Budget Committee reviewed social service needs in the community and developed funding recommendations for the City Council's consideration. The Committee is comprised of a representative of the City Council, the City's Human Relations Committee, and City staff. x The City's Social Service Budget Committee held a meeting on February 15, 2024, to provide public input regarding allocating CDBG public service grant funds. x On March 15, 2024, a notice was published in the local newspaper announcing the required 30Ͳday public comment period for the draft 2024Ͳ2025 Annual Action Plan. The notice also announced a public hearing to be held by the City Council.
x On April 16, 2024, the San Clemente City Council held a public hearing to accept additional public 202
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input regarding the draft 2024Ͳ2025 Annual Action Plan and authorize submission of the plan to HUD.
x On November 7, 2024, a notice was published in the local newspaper announcing the required 30Ͳ day public comment period for the draft 2024Ͳ2025 Annual Action Plan Substantial Amendment. The notice also announced a public hearing to be held by the City Council. x On December 10, 2024, the San Clemente City Council held a public hearing to accept additional public input regarding the draft 2024Ͳ2025 Annual Action Plan Substantial Amendment and authorize submission of the plan to HUD.

5. Summary of public comments
See Attachment 2.

6. Summary of comments or views not accepted and the reasons for not accepting them All comments and views were accepted – see Attachment 2.

7. Summary
The 2024Ͳ2025 Annual Action Plan is the fifth year and final year of the 2020Ͳ2024 Consolidated Plan cycle. The Annual Action Plan is the City's oneͲyear expenditure plan for CDBG funds. FY 2024Ͳ2025 begins July 1, 2024, and will end June 30, 2025. The City will receive $317,551 in CDBG funds for FY 2024Ͳ2025.

An additional $134,471 in prior year uncommitted CDBG funds, plus program income resources received during the year, will be available to carry out CDBGͲeligible activities. The Action Plan details how CDBG funds will support the broader goals and objectives of the Consolidated Plan. Funded activities include housing rehabilitation, public infrastructure improvements, public social services, and program administration, including fair housing services.

December 2024 Amendment
A substantial amendment to the 2024Ͳ2025 Action Plan will recognize an additional $150,000 in prior year uncommitted CDBG funds previously held in reserve. These CDBG resources will be used to fund Americans with Disabilities Act (ADA) compliant improvements at the San Clemente Community Center, located at 100 N Calle Seville.
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4 OMB Control No: 2506Ͳ0117 (exp. 09/30/2021) 4/17/24PRͲ05 Lead & Responsible Agencies – 91.200(b)1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.Table 1 – Responsible Agencies Agency Role Name Department/Agency
CDBG Administrator San Clemente, CA Community Development Narrative (optional)The City's Community Development Department is primarily responsible for administering CDBG funds, including preparing the Consolidated Plan, annual action plans, yearͲend performance reports, and other administrative aspects of the program.

Consolidated Plan Public Contact InformationAdam Atamian, Community Development DirectorͲAtamianA@sanͲclemente.org / (949) 361Ͳ6196 204
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APͲ10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
Pursuant to HUD regulations, the City has taken several steps to obtain resident and stakeholder input to develop the 2024Ͳ2025 Annual Action Plan. The City Council held a hearing to receive public comment on the proposed use of CDBG funds. The City's Social Service Budget Committee provided funding recommendations for public service grants. The City also utilized its internet web page and the newspaper to notify residents of the opportunity to review and comment on the 2024Ͳ2025 Annual Action Plan draft.

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

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

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

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

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds; therefore, it does not help the OCͲCoC to determine ESG allocations, evaluate grant outcomes, or develop policies and procedures for administering the regional Homeless Management Information System (HMIS). 205
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2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction's consultations with housing, social service agencies and other entities (see Table 2 below):

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

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

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

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
The agency provided data and information that
helped identify the needs of lowerͲincome
families and individuals requiring fair housing
services and provided input regarding the City's
strategy to address impediments to fair housing
206
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4 Agency/Group/Organization Age Well Senior Services
Agency/Group/Organization Type ServicesͲElderly Persons What section of the Plan was addressed by
Consultation?
NonͲHomeless Special Needs
Briefly describe how the
Agency/Group/Organization was consulted.

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

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

What are the anticipated outcomes of the
consultation or areas for improved
coordination?
Provided input regarding medical/dental
service needs of the community, including
homeless individuals
7 Agency/Group/Organization City of San Clemente
Agency/Group/Organization Type Other government – Local What section of the Plan was addressed by
Consultation?
Housing Need Assessment
Homelessness Strategy
NonͲHomeless Special Needs
Economic Development
Market Analysis
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Briefly describe how the
Agency/Group/Organization was consulted.

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

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

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

Other local/regional/state/federal planning efforts considered when preparing the Plan Table 3 – Other local / regional / federal planning efforts Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each
Continuum of Care 211 Orange County Helped establish program goals to address the needs of the San Clemente homeless, including the
regional & local homeless pointͲinͲtime survey
City of San Clemente
Housing Element
City of San Clemente Provided housing priorities and program goals 208
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City of San Clemente
Capital Improvement
l
City of San Clemente Helped to identify priority capital projects that may be CDBGͲeligible
5 Yr. and 1 Yr. PHA Plan Orange County
Housing Authority
Identified OCHA resources to address the housing
needs of lowͲincome renters in the City
Analysis of Impediments
to Fair Housing
Orange County HUD
Grantee Cities and the
County of Orange
A countywide document that identifies fair
housing impediments within participating cities
and outlines a plan to address fair housing issues
Narrative (optional)
209
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December 2024 AmendmentThe City of San Clemente provided several opportunities for public input regarding the Annual Action Plan Substantial Amendment. Theseopportunities included a 30Ͳday public review of the draft Annual Action Plan Substantial Amendment and a City Council public hearing. The noticefor the required public comment period and a public hearing is provided in Attachment 2 of this plan. Actions are further summarized below.

Citizen Participation OutreachTable 4 – Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting NonͲ
targeted/broadcommunity
2/15/24 Social
Service BudgetCommittee meeting
to recommend CDBG
public service grant
funds
None NA NA
2 Newspaper Ad NonͲ
targeted/broadcommunity
Notice of 30Ͳday
public review period
(3/15/24 to4/16/24)
See Attachment 2 NA NA
3 Public Hearing NonͲ
targeted/broadcommunity
4/16/24 public hearing See Attachment 2 NA NA
210
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4 Newspaper Ad NonͲ
targeted/broadcommunity
Notice of 30Ͳdaypublic review period(11/10/24 to12/9/24) See Attachment 2 TBD NA
5 Public Hearing NonͲ
targeted/broadcommunity
12/10/24 publichearing
See Attachment 2 TBD NA
211
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Expected Resources
APͲ15 Expected Resources – 91.220(c) (1, 2)IntroductionHUD has notified the City that it will receive $317,551 in CDBG funding for the FY 2024Ͳ2025 – approximately 1% more than the City's current year CDBG allocation. Additionally, the City identified $134,471 in prior year CDBG funds that will be available during FY 2024Ͳ2025. Program income received during FY 2024Ͳ2025 will also be available to fund housing rehabilitation activities. Housing voucher/certificate resources via OCHA and state Permanent Local Housing Allocation (PLHA) will also be available to support activities that may address the Consolidated Plan's goals.The City has access to InͲlieu Affordable Housing Fee resources; however, no project has been identified to use these funds.

December 2024 AmendmentThe substantial amendment will recognize an additional $150,000 in priorͲyear uncommitted CDBG funds previously held in reserve forprogramming in FY 2025Ͳ2026. The amendment will modify the original priorͲyear funds total of $134,471 to $284,471, for a new total of$602,022 in available CDBG resources for the year.Priority Table Table 5ͲExpected Resources – Priority Table
Program Source of
Funds
Uses of Funds Expected
Amount
Available
Remainder of
ConPlan$
Narrative Description Annual
Allocation:
$
Program
Income:
$
Prior Year
Resources:
$
Total:
$
CDBG public –
federal
AcquisitionAdmin & PlanningEconomicDevelopmentHousing Public ImprovementsPublic Services 317,551 0 284,471 602,022 0 Annual CDBG allocation from
HUD, program income, and priorͲ
year funds
212
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x OCHA reports that as of January 2024, 145 San Clement households receive rental assistance. It was anticipated that 145 households would be assisted annually during the fiveͲyear Consolidated Plan programming cycle. x For FY 2024Ͳ2025, the City will utilize PLHA resources to fund homeless outreach services. PLHA is state funding allocated to local governments to help address unmet housing needs.
x InͲlieu Affordable Housing Fund resources generated via the City's Inclusionary Housing Program (IHP) are available to assist nonprofit agencies in purchasing land or existing housing units to provide longͲterm affordable housing. The City adopted the IHP in 1980 to increase the supply of affordable housing. The program requires developers of six or more units to set aside 4% of total units developed for households earning 50% or less of the area median income. The affordable requirement can be provided onͲsite, offͲsite, or through an inͲlieu fee. Past housing development activity has generated a fund of approximately $1,000,000. No specific project(s) is presently slated to benefit from this resource; however, these funds should be considered oneͲtime funds as most largeͲscale housing development in the City is complete as the City approaches buildͲout. Future inͲfill redevelopment is anticipated to allow new housing development, such as the Shorecliffs Senior Housing Project on Avenida Vaquero and the Memorial Care Senior Housing Project on Camino De Los Mares.

CDBG does not require matching funds.

If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needsidentified in the planAsindicated in the Consolidated Plan, San Clemente is nearly "built out" with limited vacant land; nonetheless, the City's Housing Element identifies several vacant and underutilized sites that may be suitable for housing development. Most properties identified in the Housing Element residential sites inventory are in the City's Affordable Housing Overlay. The Overlay Zone intends to encourage affordable rental and forͲsale housing in commercial and mixedͲuse zones. Other inͲfill sites outside of the overlay have also been identified for potential housing development, which may include affordable units.
213
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Discussion
Funding resources are limited to implementing the City's 2024Ͳ2025 Annual Action Plan. The City will receive $317,551 in 2024 CDBG funding from HUD. An additional $134,471 in uncommitted priorͲyear CDBG funding, plus program income generated from CDBGͲfunded housing rehabilitation loan repayments (i.e., Revolving Loan Funds), will be available to address priority needs.

OCHA has aggressively pursued new rental assistance resourcesͲthe City will continue to support OCHA's efforts to secure these resources.

Additionally, the City will continue supporting programs that serve City residents with PLHA funds. Finally, the City has identified vacant and underutilized land that may be suitable for housing developmentͲinͲlieu fees for affordable housing development are available to support affordable housing activities; however, no projects are slated for development utilizing these resources in FY 2024Ͳ2025.

December 2024 AmendmentThe proposed substantial amendment will recognize an additional $150,000 in priorͲyear uncommitted CDBG funds for programming in FY 2024Ͳ2025. The amendment will modify the original priorͲyear funds total of $134,471 to $284,471, for a new total of $602,022 in CDBG funds availableduring the fiscal year. 214
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Annual Goals and Objectives
APͲ20 Annual Goals and ObjectivesͲ91.420, 91.220(c)(3)&(e)Goals Summary Information Table 6 – Goals Summary
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Infrastructure and
FacilityImprovements
2020 2024 NonͲHousing
CommunityDevelopment
CDBG CensusTractsCitywide
PublicImprovements
CDBG:
$411,522
Public Facility or InfrastructureActivities other than
Low/Moderate Income
Housing Benefit:
8,205 Persons Assisted *
2 Housing
Preservation
2020 2024 Affordable Housing Citywide Affordable Housing CDBG:
$75,000
Homeowner HousingRehabilitated:3 Household Housing Unit 3 Public Social
Services
2020 2024 NonͲHomeless
Special NeedsLow & ModerateͲincome Households
Citywide Public Services CDBG:
$32,725
Public service activities other
than Low/Moderate IncomeHousing Benefit:2,721 Persons Assisted 4 Homeless
Continuum of
Care
2020 2024 Homeless Citywide Homeless
SupportServices and
Housing
CDBG:
$13,275
Public service activities other
than Low/Moderate Income
Housing Benefit:
1,672 Persons Assisted
HomelessnessPrevention: 18
Persons Assisted
215
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5 Economic
Opportunities
2020 2024 NonͲHousing
CommunityDevelopment
CDBG CensusTracts
EconomicDevelopment
CDBG:
$6,000
Businesses assisted:3 Businesses Assisted
6 Program
Administration
2020 2024 Administration Citywide Administration and
Planning
CDBG:
$63,500
Other:50 Other
* To avoid double counting Max Berg Park's planned accomplishments, the "Goal Outcome Indicator" represents only planned Bonito Canyon Park andCommunity Center ADA Improvements accomplishments.

Table 7 – Goal Descriptions
1 Goal Name Infrastructure and Facility Improvements
Goal Description Improve and expand public infrastructure and facilities that benefit lowͲand moderateͲincome neighborhoods and residents 2 Goal Name Housing Preservation
Goal Description Improve or expand the supply of housing affordable to lowerͲincome households 3 Goal Name Public Social Services
Goal Description Provide or improve access to public social services for lowͲand moderateͲincome persons and persons with special needs 4 Goal Name Homeless Continuum of Care
Goal Description A continuum of supportive and housing services for the homeless and households at risk of homelessness 5 Goal Name Economic Opportunities
Goal Description Grants and other forms of assistance to improve or expand local businesses 6 Goal Name Program Administration
Goal Description Provide for administration and planning activities to address needs identified in the Consolidated Plan, including services to address impediments to fair housing
216
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Estimate the number of extremely lowͲincome, lowͲincome, and moderateͲincome families to whom the jurisdiction will provide affordable housing as defined by HOME 91.215(b):

The City of San Clemente does not receive HOME funds; however, CDBG resources are allocated to rehabilitate residential housing units. Three (3) lowerͲincome homeowners are projected to be assisted with CDBG resources during FY 2024Ͳ2025. 217
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APͲ35 Projects – 91.220(d)
Introduction
The following activities have been allocated CDBG funds for FY 2024Ͳ2025. Due to the delay in approving the federal 2024 budget, CDBG funding for activities will be increased or decreased by a percentage based on the final FY 2024Ͳ2025 CDBG grant once a federal budget is approved. HUD announced 2024 CDBG allocations on May 7, 2024; funding for activities has been updated accordingly.

December 2024 Amendment
The proposed substantial amendment will add a new public facility improvement project to undertake Americans with Disabilities Act (ADA) compliant improvements at the San Clemente Community Center.

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

Consistent with the City's Homeless Strategy, resources will be allocated to provide safety net services to help atͲrisk households maintain their current housing. The City will use CDBG program income (i.e., funds generated by the repayment of housing rehabilitation loans) to help homeowners improve their residences and not incur additional housing cost burden. The City will also encourage and support OCHA's efforts to obtain additional rental assistance funding for San Clemente households. 218
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Projects
APͲ38 Projects Summary
Table 9 – Project Summary
1 Project Name SingleͲFamily Housing Rehabilitation Program Target Area CitywideGoals Supported OwnerͲoccupied Housing RehabilitationNeeds Addressed Housing RehabilitationFunding CDBG: $75,000 plus program income received during the yearDescription CDBGͲfunded housing rehabilitation loans or grants for eligible homeownersTarget Date 6/30/2025Estimate the number and type of families that will benefit from the
proposed activities
3 ownerͲoccupied housing units
Location Description CitywidePlanned Activities CDBG funds ($75,000 in 2024 funds plus program income (Revolving Loan) received during the year) for homeowner housing rehabilitation loans or grants to address housing/building code deficiencies and deferred property improvements
2 Project Name Age Well Senior Services
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $5,120Description Services for seniors 219
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Target Date 6/30/2025Estimate the number and type of 75 seniorsLocation Description CitywidePlanned Activities Meals on Wheels for homebound seniors 3 Project Name Camino Health Center
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $10,215Description LowͲcost medical and dental services for lowͲand moderateͲincome personsTarget Date 6/30/2025Estimate the number and type of 2,500 lowͲand moderateͲincome personsLocation Description 1031 Avenida Pico, Ste. 104, San Clemente CAPlanned Activities Primary medical, behavioral, and dental health services at a reduced cost for lowerͲincome persons and indigents
4 Project Name Family Assistance Ministries
Target Area CitywideGoals Supported Homeless Continuum of CareNeeds Addressed Homeless Support Services and HousingFunding CDBG: $13,275Description Housing assistance, support services, and case management for households that are at risk of homelessness and those that are homeless
Target Date 6/30/2025
220
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Estimate the number and type of
families that will benefit from the
proposed activities
1,690 lowͲand moderateͲincome persons
Location Description CitywidePlanned Activities Rent and utility assistance (18 individuals) and case management (1,672 individuals) for households at risk of homelessness and those that are homeless
5 Project Name Fun On The Run (City of San Clemente)
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $7,150Description Youth recreation programTarget Date 6/30/2025Estimate the number and type of families that will benefit from
the proposed activities
An estimated 110 youths
Location Description CitywidePlanned Activities AfterͲschool recreation and homework assistance program with a focus on lowͲand moderateͲ income children
6 Project Name Parentis Health Foundation
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $5,120 221
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Description Children's literacy program that links students ages 5 to 11 with a trained older adult tutorTarget Date 6/30/2025Estimate the number and type of families that will benefit from
the proposed activities
25 youths
Location Description Boys & Girls Club of the South Coast Area, 1304 Calle Valle, San Clemente, CAPlanned Activities Intensive oneͲonͲone reading support for students who do not read at grade levelͲtutoring is provided by trained older adult volunteers for an entire school year 7 Project Name Vocational Visions
Target Area CitywideGoals Supported Public Social ServicesNeeds Addressed Public ServicesFunding CDBG: $5,120Description Employment services for adults with developmental disabilitiesTarget Date 6/30/2025Estimate the number and type of 11 adults with developmental disabilitiesLocation Description 26041 Pala, Mission Viejo, CAPlanned Activities Job preparation and jobͲseeking support services and onͲtheͲjob coaching for adults with developmental disabilities
8 Project Name Fair Housing Foundation
Target Area CitywideGoals Supported Program AdministrationNeeds Addressed Administration and PlanningFunding CDBG: $5,000 222
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Description Fair housing outreach, education, and enforcement services to reduce and eliminate impediments to fair access to housing
Target Date 6/30/2025Estimate the number and type of
families that will benefit from
the proposed activities
50 households
Location Description CitywidePlanned Activities Fair housing outreach, education, and enforcement services, including landlord, tenant, and property management fair housing training; community outreach and education; complaint investigation and enforcement services
9 Project Name CDBG Program Administration
Target Area CitywideGoals Supported Program AdministrationNeeds Addressed Administration and PlanningFunding CDBG: $58,500Description CDBG program oversight and coordinationTarget Date 6/30/2025Estimate the number and type of families that will benefit from
the proposed activities
Not applicable
Location Description 910 Calle Negocio Ste. 100, San Clemente CA – City HallPlanned Activities Program oversight and coordination, including management of public service grants, housing rehabilitation programs, and preparation of required applications and reports 10 Project Name Max Berg Park Improvements (Year 2)
Target Area CDBG census tracts
223
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Goals Supported Public Infrastructure ImprovementsNeeds Addressed Public ImprovementsFunding CDBG: $100,000Description Neighborhood park improvementsTarget Date 6/30/2025Estimate the number and type of families that will benefit fromthe proposed activities
Estimated 4,090 individuals, 71.3% of which are lowͲand moderateͲincome Location Description 1100 Calle Puente, San Clemente, CA (Census Tract 421.07 Block Group 2 & Census Tract 421.08 Block Group 4
Planned Activities Max Berg Park Fountain Refurbishment Project – Yr 1 covered costs associated with historic preservation consulting and design of proposed park improvements (restoration of four fountainsthat contribute to the historic nature of the park). Yr 2 will cover construction costs 11 Project Name Business Sign and Façade Improvement Grants Target Area CDBG Census TractsGoals Supported Economic OpportunitiesNeeds Addressed Economic OpportunitiesFunding CDBG: $6,000Description Grants to update or upgrade business signs or facadesTarget Date 6/30/2025Estimate the number and type of families that will benefit from
the proposed activities
Assistance for up to 3 businesses
Location Description To be determined but located within CDBGͲeligible Census Tract Block Groups 224
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Planned Activities Grants to business owners to update or upgrade business signs and/or other minor building facade improvements
12 Project Name Bonito Canyon Park
Target Area CDBG Census TractsGoals Supported Public Infrastructure ImprovementsNeeds Addressed Public ImprovementsFunding CDBG: $161,522Description Neighborhood park improvementsTarget Date 6/30/2026Estimate the number and type of families that will benefit from the
proposed activities
Estimated 4,130 individuals, 74.8% of which are lowͲand moderateͲincome Location Description 1304 Calle Valle, San Clemente, CA (Census Tract 421.07 Block Group 1& 2)Planned Activities Installation of a playground shade structure, walking path, and landscaping 13 Project Name San Clemente Community Center ADA Improvements Target Area CitywideGoals Supported Public Infrastructure ImprovementsNeeds Addressed Public ImprovementsFunding CDBG: $150,000Description Public facility improvementsTarget Date 6/30/2025 225
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Estimate the number and type of
families that will benefit from the
proposed activities
Per HUD data, an estimated 4,075 San Clemente residents aged 18 plus are disabled. Per U.S.Census, 4,994 San Clemente residents aged 18 plus have an “ambulatory difficulty” Location Description 100 N. Calle Seville, San Clemente, CAPlanned Activities Reconfiguration of restroom ingress/egress to improve accessibility for people with mobility challenges and replace existing restroom fixtures with ADAͲcompliant improvements such asrestroom stall grab bars and accessible toilets and sinks Describe the reasons for allocation priorities and any obstacles to addressing underserved needs:The City will allocate a portion of its CDBG funds for activities that address the housing and service needs of the elderly, lowerͲincome households, and people with disabilities. According to data from the Consolidated Plan, these households contribute a significant portion of their income to maintain housing. Consistent with the City's Homeless Strategy, resources will be allocated to help these households remain housed in place rather than fall into homelessness by providing social safety net services. The City's housing rehabilitation program can assist elderly and disabled homeowners in improving their residences to address specific household needs. Additionally, the City will encourage and support OCHA's efforts to obtain additional rental assistance funding for San Clemente households. For FY 2024Ͳ2025, the City will also fund Vocational Visions to provide employment assistance services to adults with developmental and intellectual disabilities.

December 2024 AmendmentThe proposed substantial amendment will add a new activity to the FY 2024Ͳ2025 Action Plan list of projects. The new project will use CDBG funds toundertake ADAͲcompliant improvements to restrooms at the San Clemente Community Center. ADA improvements will provide barrierͲfree access todisabled City residents and members of the public. 226
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APͲ50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of lowͲincome and minority concentration) where assistance will be directed Most activities slated for CDBG funding during FY 2024Ͳ2025 will be available citywide to incomeͲeligible individuals and households. These activities include public services and housing rehabilitation. Activities such as park improvements will be limited to specific areas of the City where a significant percentage of residents meet HUD's income limits. A list of the City's CDBG Eligible areas is provided in Attachment 3.

Geographic Distribution
Table 10ͲGeographic Distribution
Target Area Percentage of Funds
CDBG census tracts 59
Citywide 41
Rationale for the priorities for allocating investments geographically FY 2024Ͳ2025 CDBG funding is principally allocated in the City's CDBGͲeligible Census Tracts; however, the City's primary intent is to serve lowerͲincome residents who need housing or services regardless of where they live in the City. AreaͲwide activities (e.g., public improvements) are typically limited to the City's CDBGͲeligible areas.

Discussion
The City's primary intent is to use CDBG funds to assist eligible households that need services regardless of where they live in the City. A portion of funds focuses on specific areas of the City with a significant percentage of lowͲand moderateͲincome residents.
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Affordable Housing
APͲ55 Affordable Housing – 91.220(g)
Introduction
The City will utilize limited CDBG funds and program income (Revolving Loan) to provide eligible homeowners with housing rehabilitation loans and grants.

Table 11ͲOne Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households to be Supported Homeless 0
NonͲHomeless 3
SpecialͲNeeds 0
Total 3
Table 12ͲOne Year Goals for Affordable Housing by Support Type One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 3
Acquisition of Existing Units 0
Total 3
Discussion
The City will utilize CDBG and program income (Revolving Loan funds) to assist in rehabilitating ownerͲ occupied housing units. While it is not the program's primary focus, some specialͲneeds households (senior and disabled) may be assisted by the program during the year. The City will also continue to support OCHA's program activities in the community. It is estimated that 145 households will receive rental assistance vouchers or certificates during FY 2024Ͳ2025. 228
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APͲ60 Public Housing – 91.220(h)
Introduction
San Clemente does not own or manage public housing.

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

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

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

Discussion
San Clemente does not own or manage public housing.
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APͲ65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
As the Consolidated Plan outlines, the City's homeless strategy emphasizes preventing homelessness since it is less expensive and disruptive to keep a household housed in place. To this end, the City has supported local agencies with CDBG resources that provide various services for lowerͲincome households, including food banks, rent/utility assistance, and reducedͲcost childcare and healthcare services. These safetyͲnet programs can help a household maintain its current housing situation and avoid homelessness.

Describe the jurisdictions oneͲyear goals and actions for reducing and ending homelessness including:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
No CDBG resources will be allocated for homeless outreach services in FY 2024Ͳ2025. However, the City will utilize PLHA funds to fund homeless outreach staff. The City of San Clemente will also continue to support agencies working directly with sheltered and unsheltered homeless populations. For example, Family Assistance Ministries conducts extensive outreach and vulnerability assessments throughout San Clemente and neighboring communities. Other agencies conduct similar outreach and assessment services for specific homeless populations, such as domestic violence victims and transitionalͲage youth.

Addressing the emergency shelter and transitional housing needs of homeless persons The Consolidated Plan indicates that Family Assistance Ministries manages 44 emergency and 14 transitional shelter beds in San Clemente. These shelter beds are earmarked for homeless families with children. Additionally, Laura's House offers shelter for victims of domestic violence. No FY 2024Ͳ2025 CDBG funds are allocated for emergency shelter or transitional housing.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
As outlined above, the City will focus its CDBG resources on providing social safety net services to help atͲ risk households avoid becoming homeless. The 2022 Orange County homeless Point In Time County survey indicates there are 50 sheltered San Clemente homeless individuals; however, 81 individuals are reported as unshelteredͲhomeless.
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Upon request, the City will support agencies that provide homeless housing and supportive services by providing a Certification of Consistency with the Consolidated Plan. (Note that in addition to being consistent with the Consolidated Plan, programs must also comply with applicable federal, state, and local regulations). Additionally, the City will continue to support the OCͲCoC's efforts to seek resources to address regional homeless issues and support OCHA's efforts to obtain additional housing assistance vouchers for homeless Veterans (VASH). OCHA reports that in January 2024, four veteran households will benefit from VASH housing assistance in San Clemente. Additionally, ten households receive rental assistance via the Continuum of Care Voucher program. This program provides rental subsidies and supportive services to individuals with disabilities who have experienced homelessness.

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

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

Discussion
The City's homeless strategy is to prevent homelessness and support local service providers' efforts to seek additional resources. The City's CDBG funds are allocated for safety net services to help households at risk of homelessness redirect limited income toward housing. 231
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APͲ75 Barriers to affordable housing – 91.220(j)
Introduction
Barriers to affordable housing and actions to overcome barriers are listed in the City's Housing Element and discussed in the Consolidated Plan.

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

To the extent that resources are available, Inclusionary Housing InͲlieu Funds may assist nonprofit agencies in purchasing land or existing housing units to provide longͲterm affordable housing.

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

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

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

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

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

Discussion
The City's Housing Element identifies several barriers to developing affordable housing opportunities. The Housing Element also identified several actions the City can take to reduce these impacts. No projects are currently planned or under construction that are using these incentives. 232
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APͲ85 Other Actions – 91.220(k)
Introduction
Outlined below are the actions the City will implement to address the subͲstrategies of the Consolidated Plan.

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

December 2024 Amendment
The substantial amendment will fund a facility improvement project to undertake ADAͲcompliant improvements at the San Clemente Community Center. The project will benefit city residents and members of the public by providing them with barrierͲfree access to restrooms.

Actions planned to foster and maintain affordable housing San Clemente has identified actions it will implement during FY 2024Ͳ2025 to foster and maintain affordable housing. The Consolidated Plan identifies programs such as Housing Rehabilitation assistance as the means to maintain and improve housing currently available to lowͲand moderateͲincome residents. By providing deferred payment loans or grants, homeowners can rehabilitate their properties to meet basic housing quality standards and incur zero or minimal additional housing costs. FY 2024Ͳ2025 CDBG funding and program income received during the year will be available to assist with housing rehabilitation.

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

Actions planned to reduce the number of povertyͲlevel families Approximately 5.6% of the City's population live below the poverty level, including 2.4% of children under 18 and 5.5% of seniors (aged 65 and older). During FY 2024Ͳ2025, the City will fund the following activities to help reduce the number of povertyͲlevel households:
x Support public services that provide a social safety net for lowerͲincome households, especially for the nearͲhomeless
x Support OCHA's administration of the federal rental assistance program for very lowͲincome renters
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x Subject to the availability of funds, provide housing rehabilitation assistance for lowerͲincome and specialͲneeds homeowners
x Commercial property upgrades to improve neighborhood aesthetics and expand economic opportunities for lowerͲincome residents.

Actions planned to develop institutional structure
The City has made an effort to establish an institutional structure to help identify and access resources to improve the community. The City will continue to work with nonprofit and public entities to deliver public services. As a supporter of the Orange County Continuum of Care, the City will provide critical information to the County of Orange to prepare the County's Continuum of Care Homeless Assistance grant application to HUD. The City will also continue to assist OCHA in implementing its Public Housing Authority (PHA) Plan to provide rental assistance vouchers and certificates.

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

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

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

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

Most broadband service providers in Orange County participate in the Affordable Connectivity Program (ACP). The ACP was created with the passage of the Infrastructure and Jobs Act of 2021. The purpose of the ACP is to provide eligible households with a $30 discount on monthly broadband internet service. ACP eligibility is based on household income (200% of federal poverty or less) or participation in specific government assistance programs, such as SSI, Medicaid, or WIC. Funding may also be available to provide "discounts" for connective devices such as a laptop, a desktop computer, or a tablet. Information about the ACP is readily available online; however, many of the City's nonprofit service providers will inform clients of this program and assist clients in applying for discounts. Additionally, the City will continue encouraging developers and property owners to incorporate broadband infrastructure into new or substantially rehabilitated housing projects, especially affordable housing projects. Resiliency: The Disaster Mitigation Act of 2000 requires the State of California and local governments to 234
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prepare mitigation plans to document their hazard mitigation planning process and to identify hazards, potential losses, mitigation needs, goals, and strategies. Each state and local government must have a federally approved mitigation plan to qualify for hazard mitigation grant funding. The City of San Clemente Natural Hazards Mitigation Plan aims to promote sound public policy to protect citizens, critical facilities, infrastructure, private property, and the environment from natural hazards. The mitigation plan seeks to increase public awareness, document the resources for risk reduction and loss prevention, and identify activities to guide the City toward building a safer, more sustainable community.

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

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

A summary of impediments to fair housing and the action steps the City will take to affirmatively further fair housing during FY 2024Ͳ2025 are found in Attachment 4. 235
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Program Specific Requirements
APͲ90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction
Each HUD program covered by the Consolidated Plan regulations must address specific programͲspecific requirements.

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

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

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

1.The amount of urgent need activities 0

2.The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall BenefitͲA consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00%
Discussion
The City will meet the overall 70% benefit for low and moderateͲincome requirements of the CDBG program over one program year – FY 2024Ͳ2025.
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: December 10, 2024 Agenda Item: 9A.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e

UPDATE ON CAPITAL PROJECTS IDENTIFIED AS PRIORITIES BY MEMBERS OF THE CITY COUNCIL ..body
Fiscal Impact:

There is no direct fiscal impact associated with this item.

Summary:

The City of San Clemente has an extensive Capital Improvement Program (CIP). The program includes projects that were budgeted and funded in previous budget cycles that have not yet been completed, along with projects that were identified in the current two-year municipal budget.

Many of the projects represent improvements that are necessary for scheduled maintenance or facility depreciation, and others are new improvements made possible through grants, partnerships or budget appropriations. A select few projects were proposed by members of the City Council during the budget process. The full CIP was adopted by a majority of the City Council.

This report is intended to provide an update on the CIP generally, and a specific update on the items proposed by members of the City Council.

Background:

At the November 19, 2024 meeting of the City Council, a new capital project, the construction of a pump track was presented to the City Council. Typically, projects are discussed and included in the CIP during the municipal budget process. However, on occasion, opportunities or circumstances arise that allow the City Council to consider adding capital projects to the program out of cycle. Some recent examples include:
 Placement of 37,000 cubic yards of sand at North Beach was possible after being notified of the availability of sand from the Santa Ana River and obtaining a waiver to place the sand above the mean high tide line.
 Repairs to the slope at Casa Romantica created by an unanticipated landslide.  Repairs to City facilities at Cypress Shores damaged by a landslide.  Construction of a pump track partially funded from multiple donations. 237
Meeting Date: December 10, 2024 Agenda Item: 9A.

CITY OF SAN CLEMENTE 2
Capital planning is a complex process of identifying needs and the necessary funds to address the needs. The City of San Clemente has defined a capital project as a project that exceeds $25,000 and a useful life of 5 years or more at a fixed location. While a municipal budget has a fixed timeline, many capital projects span multiple budget cycles or can take many years to complete (i.e., Vista Hermosa Park).

Another complicating factor in the management of capital projects is a growing list of back-logged projects approved in previous budget cycles, but yet to be completed. Often these projects take longer than a single budget cycle to complete, but in the next cycle, more projects are identified and funded. Eventually, there are more projects approved than staff can efficiently process. As of July 1, 2024, as the new two year budget was adopted, there were more than 90 projects previously approved and funded that were in some stage of construction or yet to be started. The adoption of the new two year budget added more than an additional 80 projects to the CIP. This process has been repeated for several budget cycles leading to what can only be described as a traffic jam – so many projects underway that little progress occurs on many of them.

As the City Manager, I would offer that the lack of progress is not associated with a lack of effort, but rather ineffective communication from the City Manager to staff about project priorities. With more than 170 capital projects approved in the CIP, it is clear that some projects will not be completed and the backlog will continue to grow. This has led to growing frustration from both the members of the City Council and staff. This report is intended to initiate a more effective method of managing capital projects, establishing realistic expectations, and setting priorities for limited time, staff and financial resources based on guidance and direction from the City Council.

Capital Project Management
The management team will meet with the appropriate members of staff and ensure that every capital project has been assigned to a project manager. While this list may initially be overwhelming given the number of projects and the available qualified project managers, it will result in project managers being more realistic in their ability to assume additional projects prior to the completion of existing projects.

Project managers will be expected to provide to the City Manager a monthly update of each project that includes, at a minimum, the current status of the project, the anticipated project commencement, completion date, whether the project is on track and any foreseeable challenges.

Establishing Realistic Expectations
The City Manager will work closely with the City Council in the review of the currently approved projects on at least an annual basis to determine the need and capacity to complete additional projects. As an example, if it is determined that there are only resources available to complete 50 projects, then approving 75 will only lead to delays and overall frustration. Likewise, when adding new projects outside of the normal budget cycle, the City Manager will collaborate with the City Council to determine which projects, if any, can be re-prioritized to address an unanticipated challenge or take advantage of a unique opportunity.
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CITY OF SAN CLEMENTE 3
Setting Priorities
The City Council, working with the City Manager, will establish capital priorities using the following guidelines:

1. Emergency situations. The City Council is usually aware of and involved in emergency situations. These are projects that are unforeseen, but must be addressed immediately.

2. Projects specifically identified by the City Council. Projects specifically identified by the City Council will be given the highest priority, with the exception of emergency situations. As representatives of the residents, the projects identified City Council will most closely align with the desires of the community. The City Manager will inform the City Council of any project that must be included as an urgent item so that the City Council can prioritize the project.

3. Projects with funding timelines such as grants, regulatory requirements, or mandates will be prioritized following emergency situations and City Council priorities.

4. Projects that coincide with or complement other projects will be prioritized.

5. Projects carried forward from previous years will be prioritized and new projects in future budget cycles will be carefully considered to avoid increasing the project backlog.

6. A review of the CIP projects will be conducted and staff will recommend the removal of any projects that are not deemed necessary. There are times when other entities complete projects eliminating the need for a City project. An example might be the lease of a City owned building in an “as-is” condition or with an agreement for the lessee to complete the improvements without the need to complete planned renovations.

Addressing Current City Council Initiated Projects
The City Council initiates relatively few capital projects. Most projects are road repairs, maintenance of infrastructure, park improvements and similar typical public improvements.

Therefore, when the City Council specifically identifies capital projects, they are in response to resident desires or City Council observations. At the current time, there are a few projects that have been identified by the City Council that will be considered high priority projects and immediate action taken to commence and complete the projects:

1. Completion of the “Meadows” multi-use sports field. The Meadows is an unfinished project that is near completion that was included in municipal budget adopted in June of 2024.

Funding has been identified from the Parks Acquisition Fund with no impact to the General Fund. The only remaining task is to complete the surface as irrigation, lighting, and other supporting improvements have already been completed. The CIP identifies completion of the project in the spring of 2026, but expectations of Councilmembers is that the project will be completed prior to that date.

2. The Avenida Pico Bike Lane was approved during a past budget cycle and identified as a need by the City Council. Staff has visited the site and determined that at least a portion of 239
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CITY OF SAN CLEMENTE 4
the project can be complete in the near future. Other portions of the project will require land acquisition or roadway modification. Staff will provide a detailed update of the project in the near future.

3. Repair of the Mariposa Bridge has been identified as a high priority by the City Council but is complicated by an unstable slope and the need to obtain approval from the property owner (OCTA) to proceed. Full attention will be given to the project, but some of the tasks necessary to complete the project lie outside of the control of the City.

4. Completion of slope restoration at Casa Romantica will be completed soon, but there will be some decisions presented to the City Council regarding the replacement of the patio, amphitheater and other improvements.

Council Options:

Receive and file the report, provide input and direction to the City Manager.

Environmental Review/Analysis:

This is not a project as defined by the California Environmental Quality Act.

Recommended Actions:
..recommendation
Staff recommends the City Council receive and file the report and provide any necessary direction to the City Manager.
..end
Attachment:

None.

Notification:

None.
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: December 10, 2024 Agenda Item: 10A.

Submitted By: City Manager
Prepared By: Andy Hall, City Manager
Subject:
..titl e
U..body SE OF THE TITLE OF MAYOR ONCE THE TERM HAS ENDED Fiscal Impact:

None.

Summary:

At its meeting of November 19, 2024, a majority of City Council members agendized a staff report for the City Council to consider action related to use of the title of Mayor after a Mayoral term has expired.

The City of San Clemente recently transitioned to by-district elections, and beginning in November 2026, the position of Mayor will be elected at-large. The Mayor will serve a two-year term, with a limit of three terms. Currently, the City Council selects the Mayor and Mayor Pro Tem on an annual basis, at its first meeting in December.

Upon conducting research, Staff confirmed that in a municipality, there is only one Mayor and Mayor Pro Tem at a time. For a past Mayor to continue to use the title of Mayor would be confusing to anyone not familiar with the current structure of the City Council. Further research of the title of Mayor indicated that custom or protocol may prescribe that addressing an individual as Mayor is reserved only for the current office holder, and the use by a previous Mayor is inappropriate. Although almost every source indicated it was an inappropriate use, Staff did not identify any instances where use of the title of Mayor was prosecuted.

Protocol may further prescribe that an individual who has previously served as Mayor may be addressed as Former Mayor. They may also be addressed in writing as The Honorable (full name), making a clear distinction between the current Mayor and former Mayor(s).

At a previous City Council meeting, Councilmembers inquired of Councilmember Duncan whether or not he continued to use the term Mayor in correspondence or social media. Councilmember Duncan responded that he no longer used the title Mayor. At the most recent City Council meeting, Councilmembers identified the continued use of the title Mayor by Councilmember Duncan on at least one social media platform, and directed Staff to research whether the continued use was inappropriate. Now that staff has determined the continued use of the title is inappropriate, Council has several options.

Council Options:
 Take no action.
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Meeting Date: December 10, 2024 Agenda Item: 10A.

CITY OF SAN CLEMENTE 2
 Request Councilmember Duncan discontinue using the title of Mayor as it is deemed inappropriate.
 Take more formal action of Councilmember Duncan for inappropriate use of the title of Mayor.  Direct Staff to return with additional information.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Provide additional direction to Staff about the desired City Council action. ..end
Attachment:

None.

Notification:

None.
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AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: December 10, 2024 Agenda Item: 10B.

Submitted By: Code Compliance Division
Prepared By: Danielle Sorahan
Subject:
..titl e
INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING SECTION 10.62.020(A)(4) OF THE

SAN CLEMENTE MUNICIPAL CODE TO INCLUDE PASSENGER AGE RESTRICTIONS FOR ELECTRIC

BICYCLES AND OTHER FORMS OF ELECTRIC TRANSPORTATION AND FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ..body Fiscal Impact:

None.

Summary:

During a review of Ordinance No. 1778, adopted on August 20, 2024, staff identified an inadvertent omission in Section 10.62.020(A)(4), which governs passenger restrictions for electric bicycles and other forms of electric transportation.

This staff report introduces a new ordinance amending Section 10.62.020(A)(4) to include passenger age restrictions, specifically prohibiting passengers on electric bicycles and other forms of electric transportation unless the operator is either 16 years of age and possesses a valid driver’s license, or the operator is 18 years of age. The proposed amendment is intended to enhance public safety and ensure clarity in enforcement.

Background:

On August 20, 2024, the City Council introduced Ordinance No. 1778, and adopted it on September 3, 2024, to regulate the operation and use of electric bicycles and other electric transportation devices in San Clemente. At the August 20, 2024 meeting, the City Council directed that the Public Safety Committee review the regulations related to carrying passengers for age requirements to ensure all Committee-recommended regulations were included.

During the September 24, 2024, Public Safety Committee meeting, the Committee determined that Section 10.62.020(A)(4) lacked specific language regarding passenger age and licensing restrictions. The Committee recommended that the City Council amend this section to add age restrictions and improve enforceability.

The proposed amendment aligns with the intent of the original ordinance and the City’s commitment to public safety.
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Meeting Date: December 10, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
Discussion:

The ordinance amendment proposes to update, and itemize, Section 10.62.020(A)(4) of the San Clemente Municipal Code as follows, with added language underlined and deleted language in strikeout:
“4. Passenger Restrictions. No person riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance shall transport another person upon an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless:
a. Such passenger is seated upon a seat attached to the vehicle in a safe manner; and
b. The operator is at least 16 years of age and possesses a valid driver’s license, or is at least 18 years of age.

No person shall be a passenger on an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless the passenger is seated upon a seat attached to the vehicle in a safe manner.”
This amendment clarifies existing regulations, enhances public safety, and maintains compliance with state laws governing electric bicycles.

Council Options:
 Introduce and conduct the first reading of the ordinance amending Section 10.62.020(A)(4).  Modify the proposed amendment and then introduce the ordinance.  Continue the item and direct staff to provide additional information or take other actions.  Decline to introduce the ordinance. This option would leave Section 10.62.020(A)(4) without the proposed passenger restrictions.

Environmental Review/Analysis:

This amendment is not subject to the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15378 because it does not qualify as a "project" that has the potential to result in a reasonably foreseeable direct or indirect physical change to the environment. (State CEQA Guidelines § 15378(a).) This amendment merely modifies existing restrictions and prohibitions regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property. Alternatively, the amendment is exempt from CEQA under the “common sense” exemption in CEQA Guidelines Section 15061(b)(3), as there is no possibility that the activity may have a significant effect on the environment because the amendment simply modifies existing restrictions and prohibitions regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property; the amendment will not result in any development or in any new activity with the potential to impact the environment.

Recommended Actions:
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Meeting Date: December 10, 2024 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
Staff recommends that the City Council introduce and conduct the first reading of Ordinance No. 1787entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 10.62.020(A)(4) OF THE SAN CLEMENTE MUNICIPAL

CODE TO INCLUDE PASSENGER AGE RESTRICTIONS FOR ELECTRIC BICYCLES AND

FINDING THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.”
..recommendation
..end
Attachments:

1. Proposed Ordinance No. 1787 Amending Section 10.62.020(A)(4)

2. Public Safety Committee Minutes from September 24, 2024

3. Ordinance No. 1778
Notification:

None.
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Attachment 1
ORDINANCE NO. 1787

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING SECTION

10.62.020(A)(4) OF THE SAN CLEMENTE MUNICIPAL

CODE TO INCLUDE PASSENGER TRANSPORT AGE

RESTRICTIONS FOR ELECTRIC BICYCLES AND OTHER

FORMS OF ELECTRIC TRANSPORTATION AND FINDING

THE ORDINANCE NOT SUBJECT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
WHEREAS, the City of San Clemente, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City Council adopted Ordinance No. 1778 on September 3, 2024, establishing regulations for the operation and use of electric bicycles and other electric transportation devices; and
WHEREAS, Section 10.62.020(A)(4) of Ordinance No. 1778, which governs passenger restrictions for electric bicycles and other forms of electric transportation does not contain age or licensing requirements for operators transporting passengers; and WHEREAS, the omission of operator age requirements for transporting passengers was identified at the August 20, 2024 City Council meeting when Ordinance 1778 was introduced, and the City Council directed that the Public Safety Committee review said omission for inclusion as a future amendment to the introduced ordinance; and
WHEREAS, the Public Safety Committee, during its September 24, 2024 meeting, recommended that the City Council amend Section 10.62.020(A)(4) to include passenger transport restrictions based on operator age and licensing to improve public safety and enforcement clarity; and
WHEREAS, modifying Section 10.62.020(A)(4) is in the best interests of the City and the public by enhancing safety measures for electric bicycle and other electric transport device usage within City limits; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

Section 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated as findings as if fully set forth herein.

Section 2. CEQA. The City Council finds that this Ordinance is not a “project” subject to the California Environmental Quality Act (CEQA). The Ordinance does not qualify as a project because it has no potential to result in either a reasonably foreseeable 246
direct or indirect physical change in the environment. (State CEQA Guidelines, § 15378(a).) This Ordinance merely modifies existing restrictions and prohibitions regarding the operation of electric bicycles and other forms of personal electric transportation devices on public property.

The Ordinance also falls within the “common sense” exemption set forth in State CEQA Guidelines section 15061(b)(3), which exempts activity from CEQA where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” This Ordinance simply modifies an existing regulation regarding electric bicycle and electric transport device passenger restrictions; it will not result in any development or activity that could impact the environment.

Section 3. Code Amendment.

Section 10.62.020(A)(4) of the San Clemente Municipal Code is hereby deleted in its entirety and replaced with the following:

4. Passenger Restrictions. No person riding or operating an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance shall transport another person upon an electric bicycle, motor-driven cycle, or any other electric or motorized conveyance unless:
a. Such passenger is seated upon a seat attached to the vehicle in a safe manner; and
b. The operator is at least 16 years of age and possesses a valid driver’s license, or is at least 18 years of age.

Section 4. Publication. The City Clerk shall certify to the adoption of this ordinance by the City Council and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Clemente, and shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with California Government Code section 36933.

Section 5. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at City Hall, 910 Calle Negocio, San Clemente, CA 92673.

Section 6. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.
247
Section 7. Effective Date. This Ordinance shall become effective 30 days after its adoption.

APPROVED AND ADOPTED this ____ day of _______________, 2024.

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

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1787 having been regularly introduced at the meeting of _______________, 2024, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____ day of ____, 2024, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ____________, 2024. __________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
248

1. CALL TO ORDER
These minutes were approved at the Public Safety Committee Meeting of 10/22/2024.

CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING OF THE

PUBLIC SAFETY COMMITTEE
SEPTEMBER 24, 2024
City Hall
Council Chambers, 2
nd Floor
910 Calle Negocio
San Clemente, CA 92673
Chair Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:00 p.m.

2. PLEDGE OF ALLEGIANCE
Member Hazelton led the Pledge of Allegiance.

3. ROLL CALL
Committee
Members Present: Chair Nick Berkuta
Committee
Vice Chair Michael Greenwald
Tom Hazelton
Captain Jay Christian
Chief Rod Mellott
Members Absent: Chief Cheyne Maule
Mark Rhoden
Seth Neri
Staff Present: Adam Atamian, Community Development Director Trevor Milosch, Park Ranger Supervisor
Natanya Wilcher, Office Specialist II
Rachel Perez, Administrative Assistant

4. SPECIAL ORDERS OF BUSINESS/ PRSENTATIONS
A. Presentation by San Clemente CERT Team Leaders Susan Fitch and Phil Harris on Community Emergency Response
Phil Harris and Susan Fitch provided an overview of the Community Emergency Response Team (CERT) and encouraged new members.

Attachment 2
249
Page2
Minutes of the Regular Meeting of the Public Safety Committee of September 24, 2024 In response to Committee questions, Ms. Fitch, Mr. Harris and Rachel Perez, Public Works Administrative Assistant, discussed funding for equipment through the Ocean Festival; City budget; replenishment of stolen equipment; the budget for emergency management; needs; supplies for graduates; and recognition for CERT services to the community.

The Committee members pledged $300 from personal funds to the CERT program to cover the costs of replacement for a mobile ICS kit.

5. MINUTES
A. Minutes from the Regular Public Safety Committee Meeting of August 27, 2024

MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER
HAZEL TON, AND CARRIED 3-0-2 (MEMBERS RHODEN AND NERI
ABSENT) to approve the minutes.

6. ORAL AND WRITTEN COMMUNICATION
None.

7. REVEWS AND RECOMMENDATIONS

8. A. Code Compliance Performance Measures FY2024 Q3
In response to Committee questions, Community Development Director Atamian discussed the numbers as similar to previous years; transition from Code Compliance to Park Rangers; staffing;
B. Park Rangers Performance Measures FY2024 Q3
Park Ranger Supervisor Milosch provided an update on the Third Quarter Park Ranger program.

In response to Committee questions, Park Ranger Supervisor Milosch and Community Development Director Atamian explained non-parking violations; certification and training; needed resources; radio system;

NEW BUSINESS
A. Consideration of Additional Work Plan Project Name: Park Ranger Program for FY2025
Chair Berkuta discussed the suggested work plan project. 250