Agenda packet, regular meeting, first session — San Clemente City Council, April 1, 2025

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

CITY OF SAN CLEMENTE
Tuesday, April 1, 2025
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.

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1 City Council Regular Meeting Agenda April 1, 2025

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 $500 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 $500 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: City of San Clemente, et al. v. Purdue Pharma L.P., et al., Case No. 1:19-op-45725-DAP transferred to MDL No. 2804 National Prescription Opiate Litigation
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Discussion concerning real property transactions in compliance with Government Code section 54956.8 regarding:

APN: None
Property: Potential lease of City Right-of-Way located between 242 Avenida Del Mar and 218 Avenida Del Mar
City Negotiators: Brian Brower, Finance and Administrative Services Director, Samantha Wylie, Beaches, Parks and Recreation Director
Negotiating Parties: Introduction Unlimited, Inc.

Under Negotiations: Price and terms for potential lease BUSINESS MEETING (5:30 P.M.)

CALL TO ORDER
INVOCATION – Associate Pastor Jim Wilke, Calvary South OC

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations

2. Council Member Reports

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2 City Council Regular Meeting Agenda April 1, 2025

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

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

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

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
8A. CONSIDERATION OF TENTATIVE PARCEL MAP (2018-137) FOR A THREE LOT RESIDENTIAL SUBDIVISION AT 143 N. LA ESPERANZA
Public Hearing to consider approval of Tentative Parcel Map (TPM) 2018-137 for the subdivision of a single-family residential lot into three lots, located at 143 N. La Esperanza. Staff recommends that the project be found Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15315 (Class 15:

Minor Land Divisions).

Staff and the Planning Commission Recommendation

1. Conduct a Public Hearing.

2. Adopt Resolution 25-34 entitled A RESOLUTION OF THE CITY COUNCIL

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3 City Council Regular Meeting Agenda April 1, 2025

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 2018-137, ESPERANZA SUBDIVISION OF A

SINGLE-FAMILY RESIDENTIAL LOT INTO THREE LOTS LOCATED AT 143 NORTH LA ESPERANZA.

9. Unfinished Business
None.

10. New Business
10A. CONSIDERATION OF CITY COMMISSIONER AND COMMITTEE MEMBER

TERM LIMITS
Agendized by Mayor Pro Tem Enmeier, with the support of Councilmember Loeffler, at the March 18, 2025 City Council meeting.
10B. INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF

THE CITY OF SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND

RECREATION COMMISSION, COASTAL ADVISORY COMMITTEE, HUMAN

AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC

SAFETY COMMITTEE
Staff Recommendation

1. Dissolve the Coastal Advisory Committee and Human Affairs Committee effective June 30, 2025 and direct the City Clerk to return to the April 15, 2025 City Council meeting with an agenda report to open recruitments to fill all vacancies on the City Commissions and Committees for terms to begin July 1, 2025.

2. Introduce (and conduct the first reading of) Ordinance No. 1789 entitled

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 2.28, 2.29, 2.40,

2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF SAN

CLEMENTE, RELATING TO THE BEACHES, PARKS AND

RECREATION COMMISSION, COASTAL ADVISORY COMMITTEE,

HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE,
AND PUBLIC SAFETY COMMITTEE, RESPECTIVELY.

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4 City Council Regular Meeting Agenda April 1, 2025
10C. CONSIDERATION OF A RESOLUTION AUTHORIZING THE

COMMENCEMENT OF PROCEEDINGS IN CONNECTION WITH THE

PROPOSED REFUNDING OF THE OUTSTANDING CITY OF SAN CLEMENTE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (MARBLEHEAD COASTAL) 2015 SPECIAL TAX BONDS, CONFIRMING THE APPOINTMENT OF

PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER

ACTIONS IN CONNECTION THEREWITH
Staff Recommendation
Adopt Resolution No. 25-35 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE AUTHORIZING THE COMMENCEMENT

OF PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDING

OF THE OUTSTANDING CITY OF SAN CLEMENTE FACILITIES DISTRICT NO. 2006-1 (MARBLEHEAD COASTAL) 2015 SPECIAL TAX BONDS,

CONFIRMING THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH.

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 MARCH 18, 2025.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) COASTAL ADVISORY COMMITTEE REGULAR MEETING MINUTES
OF JANUARY 16, 2025.
(2) ARTS AND CULTURE REGULAR MEETING MINUTES OF JANUARY 27, 2025.
(3) HUMAN AFFAIRS COMMITTEE REGULAR MEETING MINUTES OF
FEBRUARY 11, 2025.
(4) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF
FEBRUARY 25, 2025.
(5) DESIGN REVIEW SUBCOMMITTEE SPECIAL MEETING MINUTES OF MARCH 12, 2025.

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5 City Council Regular Meeting Agenda April 1, 2025
(6) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
MARCH 20, 2025.
(7) ZONING ADMINISTRATOR SPECIAL MEETING MINUTES OF MARCH 24, 2025.

C. Warrant Register
(1) APPROVE WARRANT NOS.
603200 THROUGH 603412, PAID ON
3-14-25, IN THE AMOUNT OF $3,162,883.54
(2) APPROVE WIRE TRANSFER NOS.
3212 THROUGH 3217 AND WARRANT NOS.
603413 THROUGH 603539, PAID ON
3-21-25, IN THE AMOUNT OF $2,173,396.01
TOTAL WARRANT REGISTER $5,336,279.55
Payroll Register
APPROVE WARRANT NO. 974 AND
AUTOMATIC DEPOSIT ADVISES 101602
THROUGH 101934, FOR THE PERIOD
3-3-25 THROUGH 3-16-25, PAID
ON 3-21-25, IN THE AMOUNT OF $522,642.67
TOTAL PAYROLL REGISTER $522,642.67
11D. CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2023-201, 501 ELENA LANE CONDOMINIUM SUBDIVISION
Staff Recommendation
Adopt Resolution No. 25-36, which will:

1. Approve the Final Parcel Map 2023-201 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

2. Accept on behalf of the City of San Clemente the sidewalk and pedestrian access easement as dedicated.

3. Accept on behalf of the City of San Clemente the water rights as dedicated.

4. Authorize and direct the Public Works Director/City Engineer to execute the Final Parcel Map.

5. Authorize and direct the City Clerk to execute and submit the Final Parcel

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6 City Council Regular Meeting Agenda April 1, 2025
Map for recordation with the County of Orange Recorder’s Office. 11E. CONSIDERATION OF A RESOLUTION DECLARING SURPLUS AND

APPROVING DISPOSITION OF RETIRED FLEET EQUIPMENT & VEHICLES Staff Recommendation
Adopt Resolution No 25-37, which will:

1. Declare the vehicles and equipment listed on Attachment No.1, to the Administrative Report dated April 1, 2025, as surplus.

2. Authorize the disposition of surplus property using JJ Kane dba Ken Porter Auctions pursuant to Policy No. 201-2-4.
11F. CONSIDERATION OF A RESOLUTION AUTHORIZING INVESTMENT OF

MONIES IN THE LOCAL AGENCY INVESTMENT FUND (LAIF)
Staff Recommendation
Adopt Resolution No. 25-38 entitled A RESOLUTION OF CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING

INVESTMENT OF MONIES IN LOCAL AGENCY INVESTMENT FUND
(LAIF) AND RESCINDING RESOLUTION NO. 12-21.

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
C. City Attorney
D. City Manager

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

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7 City Council Regular Meeting Agenda April 1, 2025

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.

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8 910 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: April 1, 2025 Agenda Item: 8A.

Submitted By: Community Development
Prepared By: Araceli Mejia, Assistant Planner
Jonathan Lightfoot, City Planner
Subject:
..titl e
PUBLIC HEARING ON CONSIDERATION OF TENTATIVE PARCEL MAP (2018-137) FOR A THREE LOT RESIDENTIAL SUBDIVISION AT 143 N. LA ESPERANZA ..body Fiscal Impact:

No fiscal impact.

Summary:

This item is a request for the City Council to approve a tentative parcel map, provided as Attachment 2, to divide a 21,536 square-foot parcel, located at 143 N. La Esperanza, into three new parcels. Figure 1, below, shows a map of the property, outlined in red, requested to be subdivided.

Figure 1 – Vicinity Map
9 Meeting Date: April 1, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
Background:

The site is a 21,536 square foot lot within the Residential Low Density (RL) zoning district. The rear of the property is adjacent to Interstate-5 (I-5) to the west and south. The site is adjacent to single-family residences to the north, and vacant single-family residential lots to the east along Avenida de la Paz. The site slopes down from the street to the I-5 Right-of-Way. One residence is already built on the lot. The subdivision would allow for single family residences to be built on the newly created lots, which meet the size and frontage requirements prescribed within the Zoning Ordinance. There is a 14-foot-high block wall along the rear property to absorb I-5 traffic noise.

Applicant Justin Richmond and property owner Edward Sanchez request to subdivide the site into three parcels for sale. Municipal Code Section 16.04.015(I)(1) requires City Council approval of land subdivisions. This site was previously approved for a tentative parcel map on August 21, 2018, when the City Council adopted Resolution No. 18-49 to approve Tentative Parcel Map 2018-137 for the subject property. The minutes from that public hearing are provided as Attachment 3. However, the project entitlement was considered null and void after 24 months because a final parcel map was not recorded by such time.

A new application for the subdivision was submitted in July of 2024. It was reviewed on February 5, 2025 by the Planning Commission, which recommended approval to the City Council. The minutes and staff report with signed resolution from that Planning Commission meeting are provided as Attachments 4 and 5, respectively.

Council Options:
 The City Council can approve the proposed project and adopt the attached Resolution 25-34, approving the project per required findings and Conditions of Approval.  The City Council may approve the proposed project with changes to the project’s design or conditions of approval.
 The City Council may deny the proposed project based on specific findings.

Environmental Review/Analysis:

The Planning Division completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). On February 5, 2025, the Planning Commission adopted Resolution PC 25-002 and determined that the project is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15 (Class 15: Minor Land Divisions) because the subdivision involves four or fewer parcels in an urbanized residential zoned area that: 1) conforms to the General Plan and zoning; 2) can be developed without variances or exceptions; 3) no subdivisions have occurred on the site within the previous two years; 4) the parcel has an average slope less than 20 percent; and 5) no CEQA exceptions apply. The subdivision does not create new significant environmental impacts, change the significance of previously studied impacts, or result in need to add or change mitigation measures, beyond the impact analysis and mitigation in the certified Final Environmental Impact Report (FEIR) for the General Plan.

Additionally, the subdivision does not have significant impacts specific to the site and surrounding area.
10 Meeting Date: April 1, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
Recommended Actions:

Staff and the Planning Commission recommend that the City Council do the following:
..recommendation

1. Conduct a public hearing; and

2. Adopt Resolution 25-34, approving PHP24-346, Tentative Parcel Map 18-137, subject to attached Conditions of Approval.
..end
Attachments:

1. Resolution No. 25-34; Exhibit A – Conditions of Approval

2. Tentative Parcel Map 18-137

3. Excerpted minutes from the City Council Meeting of August 21, 2018 approving a similar application, which has since expired

4. Minutes from the Planning Commission Meeting of February 5, 2025

5. Staff Report and Resolution from the Planning Commission Meeting of February 5, 2025 Notification:

Public notification was completed pursuant to the requirements of the San Clemente Municipal Code.
11 Attachment 1
RESOLUTION NO. 25-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP 2018-137, ESPERANZA SUBDIVISION OF A

SINGLE-FAMILY RESIDENTIAL LOT INTO THREE LOTS
LOCATED AT 143 NORTH LA ESPERANZA
WHEREAS, on August 21, 2018, the San Clemente City Council adopted Resolution No. 18-19 approving Tentative Parcel Map 2018-137 for 143 N. La Esperanza, which approval was considered null and void after 24 months given that no final parcel map was recorded; and
WHEREAS, on September 19, 2024, an application was submitted by Richard Frei, 914 East Katella Avenue, Anaheim, CA 92805, on behalf of property owner Edward Sanchez, and deemed complete on January 10, 2025, for Tentative Parcel Map 2018- 137 (PHP24-346), a request to subdivide one single-family residential lot into three lots.

The project site is 143 North La Esperanza, adjacent to Interstate-5 at the north end of North La Esperanza, and within the Residential Lot-Density Zone (RL). The site’s legal description is Portion of Lots 10-13, Tract 898, and Assessor’s Parcel Number 057-095- 01; and
WHEREAS, the Planning Division has completed an initial environmental assessment of the above matter in accordance with the California Environmental Quality Act (CEQA) and recommended that the Planning Commission determine that the project is categorically exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Division) because the project falls within the minor land divisions exemption for subdivisions of four or fewer parcels; and
WHEREAS, the City's Development Management Team (DMT) reviewed the proposed project and determined that it complies with the General Plan, Zoning Ordinance, and other applicable City ordinances and codes including the requirements for parcel maps identified in SCMC 16.08.030. The DMT supports this project as conditioned in Exhibit A of this Resolution; and
WHEREAS, on February 5, 2025, the Planning Commission of the City of San Clemente held a duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and
WHEREAS, on February 5, 2025, Planning Commission adopted Resolution PC25-002, recommending that the City Council approve the project with the required findings and Conditions of Approval in Exhibit A and determining that the project is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions).

WHEREAS, on April 1, 2025, the City Council of the City of San Clemente held a 12 Resolution No. 25-34 Page 2
duly noticed public hearing on the subject application, considered written and oral comments, and facts and evidence presented by the applicant, City staff, and any other interested parties.

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

Section 1. Incorporation of Recitals.

The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as if fully set forth in this resolution.

Section 2. Tentative Parcel Map Findings
With respect to Tentative Parcel Map (TPM) 2018-137, the City Council finds as follows:

A. The site is physically suitable for the type of development in that:

1. The applicant has demonstrated that three lots may be developed in compliance with applicable provisions of the Municipal Code, including but not limited to setbacks, lot coverage, maximum height, landscaping, and parking;

2. The subdivision complies with standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density.

3. Public services and utilities can be proposed to the proposed parcels.

B. The site is physically suitable for the proposed density of the development, in that:

1. The applicant has demonstrated that the development of the three parcels can occur in a manner consistent with applicable provisions of the Municipal Code;

2. The subdivision complies with standards for new parcels, including minimum lot size, minimum street frontage, minimum lot width, and maximum density of one per 6,000 square feet of lot area. Each parcel will contain more than 6,000 square feet.

3. Public services and utilities can be provided to the proposed parcels; and

4. The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014.

C. The design of the subdivision or the proposed improvement sis not likely to cause substantial environmental damage or substantially avoidably injure fish or wildlife or their habitat, in that:

1. The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014. In terms of cumulative General Plan build-out and city-wide impacts, the project does not create new 13 Resolution No. 25-34 Page 3
significant environmental impacts, or result in need to add or change mitigation measures beyond the impact analysis and mitigation in the FEIR.

Additionally, the subdivision does not have significant impacts specific to the site and surrounding area.

D. The design of the subdivision or the type of improvements are not likely to cause serious public health problems, in that:

1. The subdivision complies with standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density. The RL zoning district allows a maximum residential density of one unit per 6,000 square feet of the lot area. The subdivision of the site results in three lots for future development of three residences; and

2. Public services and utilities can be provided to the proposed parcels.

E. The subdivision, with its provisions for design and improvements, is consistent with the General Plan, in that:

1. The project is limited to subdividing a property into three lots for future development of three single-family residences in the Residential Low Density (RL) land use designation. The intended use of the RL designation is singlefamily residential, and the proposed subdivision is consistent with this intent.

The applicant has demonstrated that the sites can be developed in a manner consistent with applicable provisions of the municipal code. Compliance with city standards will be verified before grading or construction commences. The review will ensure the future land use are consistent with the Land Use Element Policy LU-1.04, Single-Family Residential Uses, “we require that single-family houses and site be designed to convey a high level of architectural and landscape quality in accordance with the Urban Design Element and Zoning Code…” and Land Use Element Polity LU-1.06, Residential Infill, “We require that new residential development be compatible with adjacent structures and land uses and we require: … b) use of complementary building materials, colors, and forms, while allowing flexibility for distinguished design solutions,”

2. The subdivision complies with the maximum allowed density for the RL designation. The RL designation allowed a maximum residential density of one unit per 6,000 square feet of lot area. The site is approximately 21,504 square feet and the subdivision of the site results in three lots for future development of three residences; and

3. The subdivision is consistent with the development density established by the General Plan and the environmental impacts studied and mitigated by the Final Environmental Impact Report (FEIR) and Addendum No. 1, certified for the Centennial General Plan adopted in February 2014.

F. The design of the subdivision type of improvements will not conflict with easements, acquired by the public at large, for access through or use if the property within the proposed subdivision. Easements are included at the rear of the site to ensure that there is adequate access and space to provide for drainage adjacent to the Interstate-5 sound wall. The development of the subdivision in the future will no restrict access to the easements, based on the location of the easements and the open lot area and setbacks provided through the implementation of zoning requirements in the review of future development plans. 14 Resolution No. 25-34 Page 4
Section 3. City Council Approval
Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council adopts this Resolution approving Tentative Parcel Map 2018-137, Esperanza Subdivision, subject to the Conditions of Approval set forth in Exhibit A.

Section 4. 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 ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
15 Resolution No. 25-34 Page 5

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. 25-34 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:

CONDITIONS OF APPROVAL
PHP24-346 TPM2018-137

STANDARD CONDITIONS

1.0 GENERAL CONDITIONS OF APPROVAL

1.1 Within 30 days of approval of this application, the applicant shall submit to the City Planner a signed acknowledgement concurring with all conditions of approval on a form to be provided by the City. Failure to submit this
acknowledgement may be grounds to revoke this approval.

Planning

1.2 1.3

1.4 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 attorneys’ fees, against the City, its officers, employees, or agents to attack, set aside, void, or annul any 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, Zoning Administrator, or City employees 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.

Use and development of this property shall be in
substantial conformance with the approved plans, material boards and other applicable information submitted with this application, and with these conditions of approval. Any modifications to the project shall be reviewed by the City Planner in accordance with the Zoning Ordinance Section

17.12.180.

The applicant shall comply with all applicable current and future provisions of the San Clemente Municipal Code,
adopted ordinances, and state laws.

Planning
Planning
All
17 Resolution No. 25-24 Page 2
Exhibit A

1.5 Use of the subject property shall conform to all occupancy requirements, including posting of signs related to the maximum occupancy limitations.

All

1.6 1.7

1.8 TPM18-137 shall be deemed to have expired if within three years of approval the project is not commenced or the
project permitted by the approved application has lapsed, as defined by Zoning Ordinance Section 17.12.150.

Within five business days of project approval, the applicant shall submit to the Planning Division a check made payable to the Orange County Clerk-Recorder in the amount of $50 for filing the CEQA Notice.

Within 2 years after the approval date of Tentative Parcel Map No. 2018-137, unless an extension is granted as
provided in Section 16.12.100 of the Code of the City of San Clemente and Section 66452.6 of the Government
Code of the State of California (Subdivision Map Act), the subdivider shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be prepared and
recorded in accordance with the tentative parcel map as approved. The final map shall be subject to pertinent
requirements of the Subdivision Map Act and shall conform to the approved tentative tract/parcel map, City standards, and all other applicable approved plans, codes,
ordinances, statutes and regulations.

Any failure to record a final parcel map within the time period specified, shall terminate all proceedings, and the approval or conditional approval of the tentative parcel map shall be null and void. Before a final parcel map may
thereafter be recorded on the same parcel of land, a new tentative parcel map shall be filed and approved pursuant to SCMC 16.12.100 (A)(B). 
Planning
Planning
Planning

2.0 PRIOR TO APPROVAL OF A FINAL MAP

2.2 Prior to recordation of the final map, the applicant shall submit to the City Engineer evidence that the County
Surveyor has approved a digitized tract/parcel map
pursuant to Orange County Ordinance No. 3809 dated
January 28, 1991. The owner or designee shall pay for all costs of said digital submittals, including supplying digital copies to the City of the final, County Surveyor-approved digital map in DXF format.

Public
Works
18 Resolution No. 25-24 Page 3
Exhibit A

2.7 The applicant shall reimburse the City all costs associated with review of the project CC&Rs, Disclosure Statements, and any other applicable documents by the City Attorney’s Office. The owner shall also pay all applicable development and final map fees for each unit, which may include, but are not limited to, City Consultants review fees, park
acquisition and development, water and sewer connection, drainage, and grading. 
Planning
Public
Works
Easements

2.8 The final map shall depict the location of all easements for public sidewalk, open space, trails, water and sewer
easements, storm drains and storm drain maintenance
access, public street lights, utilities, reciprocal access, emergency access, slopes and slope maintenance, and
landscaping. All drainage easements shall be a minimum
of 15 feet. No drainage facilities accepted for dedication or maintenance by the City shall be located within slopes. (SCMC Section 16.28.030) 
Public
Works

2.9 The applicant shall demonstrate to the satisfaction of the City Engineer that quitclaims in favor of the City have been obtained from all persons having any interest in existing rights of way for pipelines for the conveyance of water, and for all rights to all underground water. The right to all underground water, but without right of entry to the surface thereof, shall be conveyed to the City. No easements shall be granted nor recorded over any portion of the property shown on the submitted record map between the date the
tentative map is approved by the Planning Commission and the date the final or record map is recorded by the County Recorder. (SCMC Section 13.04.500)
Improvements
Public
Works

3.10 The applicant shall submit, and the City Engineer shall approve, frontage improvement plans. The applicant shall be responsible for the construction of all required frontage improvements as approved by the City Engineer including but not limited to the following:

A. Sidewalk, including construction of compliant
sidewalk around drive approach or other obstructions
to meet current City standards (2% cross fall) when
adequate right-of-way exists. Since the street rightof-way is approximately 5 feet behind the curb face, a sidewalk easement is anticipated to be required to
be granted to the City. Said sidewalk easement shall
Public
Works
19 Resolution No. 25-24 Page 4
Exhibit A
be offered for dedications on the Final Parcel Map. 
B. Per City Municipal Code Section 12.08.010 (A),
when building permit valuations exceed $50,000, the
owner or designee shall construct sidewalk along the
property frontage, unless a waiver is obtained.
(SCMC Chapter 15.36 and Sections 12.08.010, and

12.24.050)

4.0 PRIOR TO ISSUANCE OF BUILDING PERMITS

4.1 4.15
The working drawings shall include within the first four pages a list of all conditions of approval included in this resolution.

The new buyer/owner of the new parcels shall apply for a Development Permit prior to the issuance of a building
permit pursuant to San Clemente Municipal Code Section

17.16.100 (SCMC 17.16.100). 
Building
Planning
All Conditions of Approval are standard, unless indicated as follows:
 Denotes a modified standard Condition of Approval.
 Denotes a project specific Condition of Approval
20 NUMBER OF PARCELS: 3
GROSS AREA: 21,536 SQUARE FEET
NET AREA: 20,154 SQUARE FEET
BENCHMARK:

DESIGNATION: 3B-116-05
ELEVATION: 163.295
DATUM: NAVD88
DESCRIBED BY OCS 2005 - FOUND 3 3/4" OCS ALUMINUM
BENCHMARK DISK STAMPED "3B-116-05" SET IN THE TOP OF
NORTHEASTERLY CORNER OF A 4.5 FT BY 12.0 FT CONCRETE
CATCH BASIN. MONUMENT IS LOCATED IN THE SOUTHEASTERLY

CORNER OF THE INTERSECTION OF THE EL PORTAL ANO EL
CAMINO REAL, 21 FT. SOUTHERLY OF THE CENTERLINE OF EL
PORTAL AND 105 FT. EASTERLY OF THE EASTERLY CURB ALONG
EL CAMINO REAL. MONUMENT IS SET LEVEL WITH SIDEWALK.

BASIS OF BEARINGS:

THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING
BETWEEN OCS GPS HORIZONTAL CONTROL STATION GPS 4331R1
AND CONTROL STATION GPS 4400R2 HAV1NG A BEARING OF
NORTH 84"25'01'' WEST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR.

DATUM STATEMEN�

COORDINATES SHOWN HEREON ARE BASED ON THE
CALIFORNIACOORDINATE SYSTEM (CCS83), ZONE Vl, 1983 NORTH AMERICAN DA TUM (2017.50 EPOCH O.C.S. G.P.S. ADJUSTMENT) ALL DISTANCES SHOWN HEREON ARE GROUND. GRID DISTANCES

MAY BE OBTAINED BY MULTIPLYING GROUND DISTANCES BY

0.99999682 THE COMBINATION FACTOR WAS HELD AT THE PK

NAIL AT THE INTERSECTION OF AVENIDA CABALLEROS AND
AVENIDA DE LA PAZ.

N - 2103D58.97
E - 6146D92.11
SCOPE OF WORK:

SUBDIVISION OF EXISTING PARCEL IN TO THREE NEW PARCELS
FOR FUTURE SALE/DEVELOPMENT.

EXISTING SITE IS A DEVELOPED SINGLE FAMILY RESIDENCE,
DEVELOPED UNDER PREV10US ENTITLEMENT APPROVAL.

THERE ARE NO PROPOSED IMPROVEMENTS TO THE REMAINDER OF
THE PROPERTY AT THIS TIME.

LEGAL DESCRIPTION:

REAL PROPERTY IN THE CITY OF SAN CLEMENTE, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

THOSE PORTIONS OF LOTS 10 TO 13 INCLUSIVE, OF TRACT NO. 898, SAN CLEMENTE, "THE SPANISH V1LLAGE", AS SHOWN ON
MAP RECORDED IN BOOK 28, PAGES 1 TO 4, INCLUSIVE, OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT COURSE
SHOWN AS N 43'09'22" W, 90.91 FEET IN THE GENERAL
SOUTHWESTERLY LINE OF SEGMENT 16 OF STATE HIGHWAY
RELINQUISHMENT NO. 1068, RECORDED JULY 7, 1983 AS
DOCUMENT NO. 83-291423 OF OFFICIAL RECORDS IN SAID OFFICE AND AS SHOWN ON MAP RECORDED IN BOOK 11, PAGE 31 OF
STATE HIGHWAY MAPS IN SAID OFFICE: THENCE N 63'24'51" W, 325.94 FEET; THENCE N 47'02'20" W. 71.79 FEET TO THE

SOUTHWESTERLY TERMINUS OF THAT COURSE SHOWN AS S
42'57'40" W, 12.82 FEET IN SAID GENERAL SOUTHWESTERLY LINE;

THENCE ALONG LAST-MENTIONED COURSE AND SAID GENERAL
SOUTHWESTERLY LINE ALL THE FOLLOWING DESCRIBED COURSES:

N 42'57'40" E, 12.82 FEET TO A NON-TANGENT CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 70.00 FEET; THENCE

EASTERLY ALONG SAID CURVE FROM A TANGENT WHICH BEARS S
8B19'47'' E, THROUGH AN ANGLE OF 32'59'45" AN ARC DISTANCE OF 40.31 FEET TO A REVERSE CURVE CONCAVE SOUTHERLY AND
HAV1NG A RADIUS OF 40.00 FEET; THENCE EASTERLY ALONG SAID REVERSE CURVE FROM A TANGENT WHICH BEARS N 58
°
40 °
25" E,
THROUGH AN ANGLE OF 44'40'56", AND ARC DISTANCE OF 31.19 FEET TO A COMPOUND CURVE CONCAVE SOUTHERLY AND HAV1NG
A RADIUS OF 548.18 FEET; THENCE EASTERLY ALONG LAST SAID CURVE FROM A TANGENT WHICH BEARS S 76'38'36" E, THROUGH AN ANGLE OF 11'16'28", AN ARC DISTANCE OF 107.87 FEET TO A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND HAV1NG A
RADIUS OF 25.00 FEET; THENCE SOUTHEASTIERL Y ALONG LAST SAID CURVE FROM TANGENT WHICH BEARS S 65'22'00" E,
THROUGH AN ANGLE OF 3717'09", AN ARC DISTANCE OF 16.27

FEET TO A REVERSE CURVE CONCAVE NORTHEASTERLY AND
HAV1NG A RADIUS OF 190.00 FEET; THENCE SOUTHEASTERLY

ALONG LAST SAID CURVE FROM A TANGENT WHICH BEARS S
28'05'00" E, THROUGH AN ANGLE OF 15'04'22", AN ARC
DISTANCE OF 49.98 FEET; THENCE TANGENT S 43'09'22" E,
181.74 FEET TO THE POINT OF BEGINNING.

THERE SHALL BE NO ABUTTER'S RIGHTS OF ACCESS

APPURTENANT TO THE ABOVE-DESCRIBED REAL
PROPERTY IN AND TO THE ADJACENT ST A TE FREEWAY.

EXCEPTING THEREFROM, ALL OIL, MINERALS, NATURAL GAS, AND

OTHER HYDROCARBONS BY WHATSOEVER
NAME KNOWN THAT MAY BE V.,THIN OR UNDER THE HEREIN

CONVEYED PARCEL OF LAND, AND THE

RIGHTS THERETO, TOGETHER WITH CERTAIN OTHER CONDITIONS, AS EXCEPTED AND RESERVED IN DEED (STATE PARCEL 1417),
RECORDED MAY 11, 1955 IN BOOK 3062, PAGE 441 OF SAID
OFFICIAL RECORDS.

APN: 057-095-01

THIS DESCRIPTION DESCRIBES ALL THAT REAL PROPERTY

DESCRIBED IN THE TITLE REPORT IDENTIFIED AS WESTERN
RESOURCES TITLE, ORDER NUMBER 134127 (GH), DATED
FEBRUARY 24, 2017.

ESTABLISHMENT NOTES:
(i) -
Q0-
GHELD RECORD ANGLE & DISTANCE PER R1

THE NORTHWESTERLY TERMINUS OF THAT COURSE
IN THE GENERAL SOUTHWESTERLY LINE OF SEGMENT 16
OF STATE HIGHWAY RELINQUISHMENT NO. 1068,
RECORDED JULY 7, 1983 AS DOCUMENT NO. 83-291423
OF OFFICIAL RECORDS.

HELD MEASURED BEARING AND DISTANCE PER FOUND
MONUMENTS PER R1.

HELD RECORD ANGLE PER R3.

REFERENCE NOTES:

R1 INDICATES RECORD DATA

PER CAL TRANS DIVISION OF HIGHWAYS
R/W MAP F-1878-3
R2 - INDICATES RECORD DATA
PER TRACT NO. 16501, M.M. 881/39-44
R3 - INDICATES RECORD DATA
PER GRANT DEED RECORDED SEPTEMBER 21, 2016
AS INSTRUMENT NO. 2016-456112 O.R.

SURVEYOR'S BOUNDARY NOTE:

THERE ARE NO CONFLICTS V.,TH EXISTING VlSIBLE

IMPROVEMENTS AND THE EXTERIOR BOUNDARY

LINE (DISTINCTIVE BORDER) OF THIS MAP AS
ESTABLISHED HEREON.

EASEMENTS:

A 5.00' V.,DE EASEMENT FOR STORM DRAIN PURPOSES
FOR THE BENEFIT OF PARCEL 2, OVER PARCEL 1,
LINE
LI
12 LJ
14 15
16 L7
18 19
LIO
L11
112
L/3
L/4
L/5
116
L/7
LIB
L/9
120
121
122
123
AS RESERVED HEREON.

CURVE
G) -
A 5.00' V.,DE EASEMENT FOR STORM DRAIN PURPOSES
FOR THE BENEFIT OF PARCEL 3, OVER PARCELS 1 AND 2,
AS RESERVED HEREON.

PROPERTY OWNER:

EDWARD SANCHEZ
1237 E.15TH STREET
LONG BEACH, CA 90813
(562) 284-8482
SUBDIVIDER:

Cl
C2
CJ
C4
cs
C5
C7
CB
C9

EDWARD SANCHEZ
C/0
1237 E.15TH STREET
LONG BEACH, CA 90813
(562) 284-8482
UTILITIES:

WATER:

SEWER:

ELECTRIC:

GAS:

TELEPHONE:

CABLE:

CITY OF SAN CLEMENTE

SAN DIEGO GAS & ELECTRIC

SOUTHERN CALIFORNIA GAS COMPANY

COX CABLE
SCOPE OF WORK:

SUBDIVISION OF EXISTING PARCEL IN TO THREE NEW
PARCELS FOR FUTURE SALE/DEVELOPMENT.

EXISTING SITE IS A DEVELOPED SINGLE FAMILY

RESIDENCE, DEVELOPED UNDER PREVIOUS ENTITLEMENT
APPROVAL.

NO CHANGES TO EXISTING SITE ARE PROPOSED.

C/1
C/2
C/3
OCS GPS ,¥4331 R1
N: 2103187.67
E: 6144889.22
FND SPK & W STAMPED "LS 4653"

FLUSH, AT VISUAL CL INTERSECTION

A VEN I DA DE LA ESTRELL AND
MARQUITA PER PM 2013-128, PMB
380/48-50
TENTATIVE PARCEL MAP NO. 2018-137

IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE,

STATE OF CALIFORNIA
THOSE PORTIONS OF LOTS 10 TO 13 INCLUSIVE, OF TRACT N0.898, SAN CLEMENTE, "THE SPANISH VILLAGE:, AS SHOWN ON MAP RECORED IN BOOK 28, PAGES 1 TO 4, INCLUSIVE, OF

MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY

LINE TABLE

BEARING LENGTH
N47V5'J2"W 29.99'
N4234?8"E
/2.89'
{12.82' RI &: RJ)
N47V5'J2"W

71.59'
{71.79' RI &: RJ}
N5J'20'25"W 34.54'
N53'20'25"W 55.91'
N53'20'25"W 81.41'
N53'20'25"W 144.58'
N4JV1'55•w

90.23'
{90.91' RI &: RJ)
N4JV1'55•w

12.59'
M &: RI, RJ
N45'4t '1o·w 87.23'
N40V7'4J"W 275.88'
N40V7'4J"W 88.13'
N45'25'17"W 54.84'
N2675'10"E 85.09'
NJO'J0'4/"W 89.08'
N2534'16"E 73.49'
N2534'15"E
119.95'
M &: RI, RJ
N2534'15"E
193.44'
M &: RI, RJ
N4632'05"E 28.00'
N4JV1's5•w
182.42'
{181.74' RI & RJ)
N4JV1'55•w 272.55'
N53'20'25"E 181.95'
N47V5'J2"E
101.68'
(101.70' RI &: RJ)

CURVE TABLE

DEUA RADIUS LENGTH
3259'45• 7000'

40.31'
M, RI&: RJ
44�0'56" 40.00'

31.19'
M, RI&: RJ
4'45'50" 548.18' 45.58'
6'30'38" 548.18' 52.29'
24·39'13• 25.00' 10.75'
12'37'56" 25.00' 5.51'
15V4'22• 190.00'

49.98'

M, RI & RJ
2'36'24" 575.18' 25.17'
11'15'28" 548.18'
107.87'
M, RI&: RJ
3833'38. 118.00' 80.10'
JOV8'J3• 118.00' 52.08'
69V2'11" 118.00' 142.18'
1�1'15" 575.18' 16.94'

RAO/AL TABLE

RAD BEARING
RI SD1'41'J9"W
R2 SJ178'06"E
RJ N13'22'50"W
R4 N18V8'4/"[
RS N24'39'18"E
R6 N4978'J2"E
R7 56136'27"W
RB s4532•os·w
R9 NOOV9'28"W
RIO N28'J0'5J"E
R/1 N2534'29"E
R12 N0130'4J"W
MONUMENT NOTES:
.A. - FOUND O.C.S. GPS HORIZONTAL CONTROL STATION MONUMENT

PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE
COUNTY SURVEYOR.
.
[JJ -
0-
0 -
FOUND MONUMENT AS NOTED.

FOUND 1" IP, NO TAG, DN 0.5' ACCEPTED AS BEING ON
CALTRANS RIGHT OF WAY PER R/W MAP F-1878-3.

FOUND SPK & W "LS 6379" FLUSH. ACCEPTED AS THE

CENTERLINE INTERSECTION OF LA ESPERANZA & AVENIDA
PIZARRO PER TRACT NO. 16501 M.M. 881/39-44.

FOUND SPK & W "LS 6379" FLUSH. ACCEPTED AS THE

CENTERLINE INTERSECTION OF LA ESPERANZA & EL LEVANTE
PER TRACT NO. 16501 M.M. 881 /39-44.

INDICATES 2" I.P. TAGGED "LS 9220" TO BE SET, OR 8" GEAR GEAR SPIKE AND WASHER STAMPED "LS 9220" TO BE SET IN
A.G., OR LEAD, TACK & TAG STAMPED "LS 9220" TO BE SET IN

CONCRETE AND BLOCK WALLS, AT ALL PARCEL BOUNDARY
(DISTINCTIVE BORDER) CORNERS, UNLESS OTHERV.,SE NOTIED.

INDICATES 1" I.P. TAGGED "LS 9220" TO BE SET, OR SPIKE AND AND WASHER STAMPED "LS 9220" TO BE SET IN A.C., OR LEAD, TACK & TAG STAMPED "LS 9220" TO BE SET IN CONCRETE AND
IN BLOCK WALLS, AT ALL PARCEL CORNERS, UNLESS OTHERV.,SE NOTIED.

FOUND PK NAIL, NO TAG

FLUSH ACCEPTED AS

CENTERLINE INTIERSECTION
PER R.S. 2017-1253,
RSB 300/22

SAN DIEGO FREEWAY

VICINITY MAP

NLA ESPERANZA
W,/D,4PIZ A
ARR0

SURVEYOR'S STATEMENT
I HEREBY STA TE Tl/AT THIS TENT A llVE MAP WAS UPOA TEO BY ME OR UNDER MY 0/R[CllON AND IS BASED UPON PREWOUSLY APPROVED TENT A llVE PARCEL MAP 2018-137, APPROVED BY CITY OF SAN CLEMENTE, AND FINAL MAP 2018-137 SU8STANllALLY APPROVED BY COUNTY OF ORANGE, IN CONFORMANCE MT// THE REOUIR[M[NIS OF THE SUBOMS/ON MAP ACT ANO LOCAL ORO/NANCE AT THE REQUEST OF £0 SANCHEZ
OCS GPS #4400R2
N: 2102933.28
E: 6147491.65
FND SPK & W STAMPED "LS 5411"

FLUSH, IN THE CUL-DE-SAC AT
SE'L Y END OF CALLE BALBOA.
�'
40' 0 ,._. _____ __
SCALE:
40'
$
!ZI
80'
1"-40'
\
120'
I
cii
z
0 iii
�
ui
�
.... I inI
fw
w
I IL
C/JO
�
z
!
Cl
ci
z
w ...I
u::
[;j
I
(.)
z
;:!;
0 0
w
ii::
0 IL
0 w
Cl'.
w
Cl'.

D..
�
ci
u
co 0 ....
0 ....

Attachment 2
21 22
23 24
25 Attachment 3
26 27
28 29
Attachment 4
30 31
32 33
34 35
36 37
AGENDA ITEM: 8-B

STAFF REPORT

SAN CLEMENTE PLANNING COMMISSION
Date: February 05, 2025
PLANNER: Araceli Mejia, Assistant Planner
SUBJECT: Public Hearing Project (PHP) 24-346: Tentative Parcel Map 2018-137, 143 N. La Esperanza Subdivision, a request to consider the subdivision of a single-family residential lot into three lots.

The Planning Commission will also consider whether the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines §15315 (Class 15: Minor Land Divisions).

LOCATION: 143 North La Esperanza, APN: 057-095-01
ZONING/ GENERAL PLAN: Residential Low

REQUIRED FINDINGS
The following findings shall be made to approve the proposed project. The draft Resolution (Attachment 1) and analysis section of this report provide an assessment of the project’s compliance with these findings.

Tentative Parcel Map (TPM), SCMC 16.08.060 (C), to allow the subdivision of property into four or fewer parcels…
a. The site is physically suitable for this type of development. b. The site is physically suitable for the proposed density of the development. c. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably insure fish or wildlife or their habitat.
d. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.
e. The subdivision, with its provisions for any design and improvements, is consistent with the General Plan and any applicable specific plan. f. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or sue of property within the proposed subdivision.

Attachment 5
38 143 N. La Esperanza Subdivision Page 2

BACKGROUND
The site is a 21, 536 square foot lot within the Residential Low Density (RL) zoning district.

The rear of the property is adjacent to Interstate-5 (1-5) to the west and south. The site is adjacent to single-family residences. To the north, and vacant single-family residential lots to the east. The site slopes down from the street to I-5 Right-of-Way. There is a 14- foot-high block wall along the rear property line to absorb I-5 traffic noise. Figure 1 is an aerial photograph of the site. Applicant Justin Richmond, requests to subdivide the site into three parcels for sale. Municipal Code Section 16.04.015(H)(1) requires City Council approval of land subdivisions. The Planning Commission’s role is to review the proposed subdivision as an advisory body and forward a recommendation to the City Council. This site had been approved for a tentative parcel map on August 21, 2018, when the San Clemente City Council passed and adopted Resolution No. 18-49 to approve Tentative Parcel Map 2018-137 for 143 N. La Esperanza; however, the approval was considered null and void after 24 months given that no final parcel map was recorded.

Figure 1: Aerial View of Project Site
Development Management Team Meeting
The City's Development Management Team (DMT) reviewed the project and recommends approval with conditions included in Attachment 1, Exhibit A. 39 143 N. La Esperanza Subdivision Page 3
Noticing
Public notices were distributed and posted per City and State requirements. Staff has not received any public comments on this item to-date.

PROJECT DESCRIPTION
The Tentative Parcel Map is a request to subdivide the site into three single-family residential lots that are 6,074 square feet, 6,144 square feet, and 9,318 square feet. The subdivision is shown in Figure 2 below. Development plans are not proposed in conjunction with the subdivision so a Development Permit is not required. The subdivision would allow future development of a single-family residence on each lot with the approval of building and grading permits.

Figure 2: Tentative Parcel Map 2018-18, lot dimensions

PROJECT ANALYSIS
The parcel map complies with the subdivision standards for minimum lot size, minimum street frontage, minimum lot width, and maximum density. The project site may be developed in accordance with Zoning Ordinance standards without the need for variances or exceptions based on staff review of preliminary grading plans and conceptual development plans. In the future development of the proposed lots will be reviewed through the permitting process to ensure residences comply with zoning requirements for building setbacks, maximum height, lot coverage, parking and other criteria. 40 143 N. La Esperanza Subdivision Page 4
The project scope of work only includes the subdivision of land and not the any development of the land. At the time of development of any of the future vacant parcels, the buyer/owner will need to apply for a Development Permit pursuant to SCMC

17.16.100, Table 17.16.100—Review Process for Development Permit, developments on new parcels created from a subdivision of a property.

Development Standards
The project meets development standards for Residential Low (RL) zone and other requirements, as shown in Table 1.

Table 1 – Development Standards
Development
Standard Proposed
Complies
with
standards
Lot area, minimum 6,000 sq ft Lot 1: 6,074 sq ft
Lot 2: 6,144 sq ft
Lot 3: 9,318 sq ft
Yes
Yes
Yes
Lot frontage, 60 ft Lot 1: 129.98 ft
Lot 2: 73.05 ft
Lot 3: 237.91 ft
Yes
Yes
Yes
Lot width, minimum 60 ft Lot 1: 99.63 ft
Lot 2: 68.92 ft
Lot 3: 226.10 ft
Yes
Yes
Yes
Density, maximum 7.0 dwelling units/
net acre
1 unit/ lot at 6
units per net acre
Yes
Maximum number of units 1 dwelling unit/ lot 1 dwelling unit/ lot Yes Tentative Parcel Map
The subdivision meets required findings for Tentative Parcel Map approval. The tentative parcel map includes all the required contents according to SCMC 16.08.030 in order for the Development Management Team to properly review the project. While no development is proposed with this request, in the future the site may only be developed with single-family residences with a Development Permit application approved by the Planning Commission. The applicant of Tentative Parcel Map 2018-137 is not required to apply for a Development Permit at this time because the plans for new builds are only conceptual to show that the lots are buildable. Utilities and public services are available to serve the proposed parcels. Access to the sites can be provided in compliance with the City’s Engineering Technical Standards. Easements are proposed at the rear of the site 41 143 N. La Esperanza Subdivision Page 5
to ensure adequate access and space for drainage to the Interstate-5 sound wall. The future development of the subdivision will not restrict access to the easements.

GENERAL PLAN CONSISTENCY
The proposed subdivision is consistent with the Centennial General Plan. The project is limited to subdividing a property into three lots for future development of three singlefamily residences in the Residential Low Density (RL) land use designation. The intended use of RL designation is single-family residential, and proposed subdivision is consistent with this intent. The applicant has demonstrated that the sites can be developed in a manner consistent with all applicable provisions of the Municipal Code. Compliance with city standards will be verified before grading or construction commences.

Table 3 summarizes how the proposed use is consistent with applicable General Plan policies.

ENVIRONMENTAL REVIEW/COMPLIANCE (CEQA)
The Planning Division completed an initial environmental assessment of the project per the California Environmental Quality Act (CEQA). Staff recommends the Planning Commission determine the project is Categorically Exempt from CEQA pursuant to CEQA Guidelines Section 15 (Class 15: Minor Land Divisions) because the subdivision involves four or fewer parcels in an urbanized residential zoned area that: 1) conforms to the General Plan and zoning; 2) can be developed without variances or exceptions; 3) no subdivisions have occurred on the site within the previous two years; 4) the parcel has an average slope less than 20 percent; and 5) no CEQA exceptions apply.

The subdivision does not create new significant environmental impacts, change the significance of previously studied impacts, or result in need to add or change mitigation measures, beyond the impact analysis and mitigation in the certified Final Environmental Impact Report (FEIR) for the General Plan. Additionally, the subdivision does not have significant impacts specific to the site and surrounding area.

ALTERNATIVES;
The Planning Commission may take any of the following actions:

1. The Planning Commission can concur with staff and recommend City Council approval of the proposed project.

This is the recommended action. This action would result in the adoption of the attached Resolution PC25-002, forwarding a recommendation to the City Council to approve the project per required findings and Conditions of Approval. The Planning Commission can take this action if it determines the request meets all required findings shown in Attachment 1.
42 143 N. La Esperanza Subdivision Page 6

2. The Planning Commission, at its discretion, may recommend the City Council approve the proposed project with changes to the project’s design or conditions of approval.

This action would result in any modifications to the project or Conditions of Approval and forwarding a recommendation to the City Council to approve the project. This could involve changes to the conditions of approval identified in Attachment 1, Exhibit A.

3. The Planning Commission can recommend that the City Council deny the proposed project.

This action would result in forwarding a recommendation to the City Council to deny the project, requiring this item to be continued so staff can draft a new resolution. To take this action, the Planning Commission should cite reasons for not being able to meet required findings.

These actions may be appealed by the application to the City Council within ten days of the decision pursuant to San Clemente Municipal Code § 17.12.140 or be called up by the City Council for review and action.

RECOMMENDATION
Staff recommends that the Planning Commission:

1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15 (Class 15: Minor Land Divisions); and

2. Adopt Resolution PC 25-002, recommending that the City Council approve PHP24-346, Tentative Parcel Map 18-137, subject to attached conditions of approval.

Attachments:

1. Resolution No. PC 25-002
Exhibit A - Conditions of Approval
Exhibit B - Tentative Parcel Map 18-137

2. Minutes from City Council Meeting of August 21, 2018 approving a similar application, which has since expired.
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: April 1, 2025 Agenda Item: 10A.

..ag endizedby
..end
Subject:
..titl e
CITY COMMISSIONER AND COMMITTEE MEMBER TERM LIMITS ..body ..recommendation
..end
53 910 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: April 1, 2025 Agenda Item: 10B.

Submitted By: Community Development and Beaches Parks and Recreation Prepared By: Adam Atamian, Community Development Director; Samantha Wylie, Beaches, Parks & Recreation Director
Subject:
..titl e
INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING CHAPTERS 2.28, 2.29,

2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE,

RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION, COASTAL

ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE

COMMITTEE, AND PUBLIC SAFETY COMMI
..body TTEE
Fiscal Impact:

If the City Council decides to reduce the number of committees, City staff anticipates a reduction in payments to the Coastal Advisory, Arts and Culture (due to the reduction in Regular Meetings), and Human Affairs Committee members of $55 each per meeting, with a reduction in expenses of approximately $8,910 per year. Additionally, staff anticipates the ability to reassign staff to other necessary tasks through the reduction of staff time of approximately 500-600 hours per year currently devoted to assisting the Coastal Advisory and Human Affairs Committees.

Summary:

At the City Council retreat on February 13, 2025, and regular meeting on March 18, 2025, the City Council discussed options for the structure of Commissions and Committees and provided direction to staff to return with an ordinance to reorganize the duties of various Committees. The direction included consideration of reassigning certain duties of the Coastal Advisory Committee (the “CAC”) and Human Affairs Committee (the “HAC”) to other Commissions or to combine them with other Committees. Staff prepared an Ordinance that includes the decommissioning of the two aforementioned Committees, realigning the duties of the CAC to the Beaches, Parks and Recreation Commission, and splitting the duties of the HAC between the Beaches, Parks and Recreation Commission (the “BPRC”) and the Public Safety Committee (the “PSC”), which will be renamed the Community Safety and Welfare Committee. There may be other modifications that the City Council may want to consider as well.

Background:

At its meeting on December 10, 2024, the City Council requested that staff agendize a discussion for the City Council retreat to evaluate staff time related to each City Commission and Committee and determine whether changes should be made to the makeup and structure of the various Commissions and Committees.

At its retreat on February 13, 2025, the City Council expressed an interest in reducing the total number of Committees and the staff time needed to assist them. 54 Meeting Date: April 1, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
At its meeting on March 18, 2025, the City Council reviewed a draft ordinance and gave direction to staff to further modify the proposed realignment and composition of Committees. These changes are reflected in the version of the proposed ordinance provided in Attachment 1. The meeting minutes and agenda report for that City Council meeting are provided as Attachments 2 and 3, respectively.

Below is a summary of the recommended changes, as reflected in the Exhibits attached to the proposed Ordinance No. 1789 (Attachment 1):

BPRC
 Increase the number of committee members from seven to nine;  Duties previously assigned to the CAC that relate to coastal issues, including ocean and beach quality, are proposed to be added to the BPRC’s duties;  At least two members of the BPRC shall have a background, or specialty, in coastal issues.
 One member of the Beaches, Parks, and Recreation Commission will be appointed annually to the Social Services Grants Subcommittee (along with one member of the new Community Safety and Welfare Committee); and
 Meetings are proposed to remain bi-monthly.

PSC
To assume overlapping concerns typically addressed by the HAC and the PSC, the following changes are proposed:
 Rename the PSC as the Community Safety and Welfare Committee (CSWC);  Increase the number of committee members from five to seven;  Establish preferences that four of the CSWC members have a background, or experience, in public safety (police services, fire services, marine safety, etc.), with the other three members being selected at large;
 Add functions of the HAC related to assessing human needs within the community to the CSWC’s duties;
 One member of the Community Safety and Welfare Committee will be appointed annually to the Social Services Grants Subcommittee (along with one member of the Beaches, Parks, and Recreation Commission);
 Attendance by representatives of the Orange County Sheriff’s Department, Orange County Fire Authority, and Marine Safety Division, may be provided by staff other than department/division heads of their respective agencies/divisions;  References to the duties of the CSWC related to reviewing performance measures and developing an annual work plan are clarified to provide better specificity for those duties; and
 Meetings will be held bi-monthly.

The San Clemente Municipal Code Chapters relating to the CAC (Chapter 2.29) and HAC (Chapter 2.40), are proposed to be deleted in their entirety. The Chapter relating to the Arts and Culture Committee (ACC) (Chapter 2.45), is proposed to be modified pursuant to the direction provided by the City Council for that Committee to meet quarterly. 55 Meeting Date: April 1, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
Lastly, the City Council discussed the Design Review Subcommittee and whether to incorporate its duties into the functions of the Planning Commission. However, no action was taken by the City Council to provide direction to staff on this item.

If the City Council determines to move forward with the introduction of the proposed Ordinance, it is recommended that they make a determination on how to proceed with filling vacancies for the additional two seats on the Beaches, Parks and Recreation Commission and as well as the two additional seats on the newly created Community and Safety Welfare Committee.

The Beaches, Parks and Recreation Commission has three current Commissioners with terms that expire on June 30, 2025. The newly formed nine member Beaches, Parks and Recreation Commission will have five open seats to fill in June.

The Public Safety Committee has two current Committee members with terms that expire June 30, 2025 and one seat left vacant with a term set to expire June 30, 2026. The newly formed seven member Community and Safety Welfare Committee would have five open seats to fill in June.

The Human Affairs Committee has two current Committee members and one seat left vacant by a resignation with terms that expire June 30, 2025 and the Coastal Advisory Committee has four current Committee members with terms that expire June 30, 2025.

The City Council may wish to dissolve the Coastal Advisory Committee and Human Affairs Committee effective June 30, 2025 and open recruitments to fill all vacancies on the City Commissions and Committees for two-year terms, or, Council may wish to reassign members of the Coastal Advisory Committee and Human Affairs Committee to the Beaches, Parks and Recreation Commission and Community and Safety Welfare Committee.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1789.  Modify Ordinance No. 1789 and conduct a first reading.  Direct staff to return to the City Council with additional information or ordinance modifications.  Take no action.

Environmental Review/Analysis:

Pursuant to Section 15378(b)(5) of the California Environmental Quality Act (CEQA) Guidelines (14 CCR Section 15378(b)(5)), neither the proposed Ordinance nor any of the other actions contemplated in this report constitute a “project” under CEQA because they are organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
56 Meeting Date: April 1, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 4
Recommended Actions:

Staff Recommendation ..recommendation

2. Introduce (and conduct the first reading of) Ordinance No. 1789 entitled AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF

SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND RECREATION

COMMISSION, COASTAL ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC SAFETY COMMITTEE, RESPECTIVELY. ..end
Attachment:

1. Ordinance No. 1789

2. Minutes of the City Council meeting of March 18, 2025

3. Agenda Report of the City Council meeting of March 18, 2025 Notification:

AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING
CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE

MUNICIPAL CODE OF THE CITY OF SAN

CLEMENTE, RELATING TO THE BEACHES, PARKS

AND RECREATION COMMISSION, COASTAL

ADVISORY COMMITTEE, HUMAN AFFAIRS

COMMITTEE, ARTS AND CULTURE COMMITTEE,

AND PUBLIC SAFETY COMMITTEE, RESPECTIVELY
WHEREAS, at its meeting and retreat of February 13, 2025, and its regular meeting of March 18, 2025, the San Clemente City Council expressed a desire to modify the Commission and Committee structure, seeking to streamline City services by implementing changes to several of these legislative bodies; and WHEREAS, the Beaches, Parks and Recreation Commission requires modification that would include accepting the full responsibilities of the Coastal Advisory Committee and Arts and Culture Committee, and some functions of the Human Affairs Committee; and
WHEREAS, the Public Safety Committee requires modification that would include accepting some responsibilities of the Human Affairs Committee, further specifying the functions and responsibilities of the Committee, and renaming the Committee as the Community Safety and Welfare Committee; and
WHEREAS, these changes require amendments and additions to the San Clemente Municipal Code (SCMC); and
WHEREAS, the City Council introduced and conducted a first reading of the ordinance at its regular meeting on April 1, 2025, and considered any public input provided at that time; and
WHEREAS, updating the SCMC is in the City’s and public’s best interest.

NOW, THEREFORE, the City Council of the City of San Clemente, California, hereby ordains as follows:

Section 1: SCMC Chapter 2.28, relating to the Beaches, Parks and Recreation Commission is hereby modified to read in its entirety as set forth in Exhibit A attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).

Section 2: SCMC Chapter 2.29, relating to the establishment and function of the Coastal Advisory Committee, shall be eliminated and is hereby deleted in its entirety. The 58 Ordinance No. 1789 Page 2
functional responsibilities of this committee shall be assigned to the Beaches, Parks and Recreation Commission as set forth in Exhibit A.

Section 3: SCMC Chapter 2.40, relating to the function of the Human Affairs Committee, shall be eliminated and is hereby deleted in its entirety. The functional responsibilities of this committee shall be dispersed and assigned to the Beaches, Parks and Recreation Commission, and Public Safety (to be renamed Community Safety and Welfare Committee) as set forth in Exhibits A and B.

Section 4: SCMC Section 2.45.040, relating to the meetings and attendance of the Arts and Culture Committee, shall be amended as follows (strikethroughs indicate deletions and underlines indicate additions):
“2.45.040 - Meetings—Attendance.

The Arts and Culture Committee shall hold meetings bi-monthly (every two months) quarterly (every three months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time, and organization of Arts and Culture Committee meetings shall be established by resolution of the Arts and Culture Committee. Any member of the Arts and Culture Committee who is absent from two consecutive regular meetings of the Arts and Culture Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Arts and Culture Committee to be absent from three consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Arts and Culture Committee and the office shall be considered vacant.”
Section 5: SCMC Chapter 2.46, relating to the Public Safety Committee, is hereby modified to read in its entirety as set forth in Exhibit B attached hereto and incorporated fully herein (underlines are additions and strikethroughs are deletions).

Section 6: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.

Section 7: The City Clerk shall certify to the adoption of this ordinance and cause it, or a summary thereof, to be published once within fifteen (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.
59 Ordinance No. 1789 Page 3
APPROVED AND ADOPTED this _____day of _________________, ________.

ATTEST:
_______________________________ ___________________________ City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
60 Ordinance No. 1789 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, hereby certify that Ordinance No. 1789 having been regularly introduced at the meeting of _______________________, was again introduced, the reading in full thereof unanimously waived, and duly passed and adopted at a regular meeting of the City Council held on the _____day of _____________, _______, and said ordinance was adopted by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of ______________________, ________.
__________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
________________________________
Elizabeth A. Mitchell, CITY ATTORNEY
61 Ordinance No. 1789 Page 5

EXHIBIT A
Chapter 2.28 BEACHES, PARKS AND RECREATION COMMISSION

2.28.010 Establishment of the Beaches, Parks and Recreation Commission; composition; appointment of members.

There is established a Beaches, Parks and Recreation Commission which shall consist of seven nine San Clemente citizens appointed by the City Council. At least two of the members shall have a background or technical experience in coastal issues.

2.28.020 Function.

The Beaches, Parks and Recreation Commission's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to parks, beaches, recreation, parkways, and coastal issues as identified by the City Council;
B. Make recommendations to the City Council and advise the City Council in matters pertaining to the creation, operation, maintenance, management, and control of community recreation programs, playgrounds, and indoor and outdoor recreations, activities, and facilities;
C. Provide feedback on projects to be considered during the annual budget for parks, beaches, recreation, and parkways during the preparation of the annual budget and make recommendations with respect thereto to the City Council and the City Manager;
D. Assist in the planning of parks and support the coordination of recreation programs for the public, promote and stimulate public interests therein, and to that end solicit, to the fullest extent possible, the cooperation of all public and private agencies interested therein;
E. Evaluate and review park development plans of the City; F. Serve as a sounding board for citizen input on matters relating to coastal areas adjacent to, or having the ability to affect, the City of San Clemente; G. Participate in the Social Services Grant Subcommittee by appointing one member of the Commission, by majority vote, no later than December 31 of each year; H. Develop an annual work plan with specific goals and objectives for the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval;
62 Ordinance No. 1789 Page 6
I. Limit meetings to three hours unless otherwise approved by a majority vote of the Commission plus the concurrence of the primary staff support to the Commission; and
J. Perform such other duties as may be prescribed by the City Council.

2.28.030 Beaches, Parks and Recreation Commission—Term of office.

The terms of office of members of the Beaches, Parks and Recreation Commission shall be for two years from July 1st to June 30th of the second following year, and with such terms staggered so that four Commissioners are appointed in even-numbered years and three five Commissioners are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Commission members assume office in July, the Commission shall select a chair and vice-chair from among its members. No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Beaches, Parks and Recreation Commissioners until successors are appointed by the City Council and assume office.

2.28.040 Meetings—Attendance.

The Beaches, Parks and Recreation Commission shall hold meetings bi-monthly (every two months) in accordance with the rules of procedure to be enacted and recorded in a book of official proceedings. The location, dates, time, and organization of Beaches, Parks and Recreation Commission meetings shall be established by resolution of the Beaches, Parks and Recreation Commission. Any member of the Beaches, Parks and Recreation Commission who is absent from two consecutive regular meetings of the Beaches, Parks and Recreation Commission, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Beaches, Parks and Recreation Commission to be absent from two consecutive regular meetings for good cause, shall, as a result, surrender his or her office on the Beaches, Parks and Recreation Commission and the office shall be considered vacant.

2.28.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a member of the Beaches, Parks and Recreation Commission shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Beaches, Parks and Recreation Commission shall serve at the pleasure of the City Council and may be removed from office with or without cause during his or her term in office by a majority vote of all members of the City Council.

2.28.060 Voting power of members.
63 Ordinance No. 1789 Page 7
The members of the Beaches, Parks and Recreation Commission shall each have one vote on any matter pending before the commission.

2.28.070 Commission subject to state law, etc.

The Beaches, Parks and Recreation Commission shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of this Code and any other ordinance of the City. 64 Ordinance No. 1789 Page 8

EXHIBIT B
Chapter 2.46 PUBLIC COMMUNITY SAFETY AND WELFARE COMMITTEE

2.46.010 Establishment of the Public Community Safety and Welfare Committee; composition, appointment of members.

There is established a Public Community Safety and Welfare Committee which shall consist of eight ten members, seven appointed members and three non-voting members. The City Council shall prioritize the appointment of at least five four voting members to be technical professionals with a public safety background (such as a retired police, fire, or marine chief, officer, lifeguard, etc.), if possible, and the remaining three voting-members to be appointed at large, to serve on the Public Community Safety and Welfare Committee.

The Committee shall also consist of one representative of the Orange County Sheriff’s Department (OCSD) to be appointed by San Clemente's Chief of Police Services, one representative of the Orange County Fire Authority (OCFA) to be appointed by San Clemente's Chief of Fire Services, and one representative from the City's Marine Safety Division to be appointed by the City Manager. The OCSD, OCFA, and the Marine Safety Division representatives shall serve as ex-officio, non-voting members. Members of the Public Community Safety and Welfare Committee need not be residents of San Clemente.

2.46.020 Function.

The Public Community Safety and Welfare Committee's functions and duties are to:

A. Act in an advisory capacity to the City Council in all matters pertaining to public safety, human needs, including homelessness, and public affairs as identified by the City Council;
B. Review performance measures of the City’s public safety personnel, consisting of Police Services, Fire Services, Ambulance Services, Marine Safety, and Park Rangers, and make recommendations to the City Council pursuant to direction provided by the City Council;
C. Develop an annual work plan with specific tasks, goals and objectives for the Committee to accomplish in the coming year. The work plan, with recommendations, shall be submitted to the City Council no later than October 1 of each year. The plan shall be submitted in written form for approval at a City Council meeting. Any amendments to the work plan shall require Council approval; D. Participate in the Social Services Grant Subcommittee by appointing one member of the Committee, by majority vote, no later than December 31 of each year; 65 Ordinance No. 1789 Page 9
E. Act as a sounding board for public safety and human needs, including homelessness, within the community;
F. Assess the human affairs needs of the community periodically; G. Establish a priority list of identified human needs within the City and reassess periodically;
H. Limit meetings to three hours unless otherwise approved by a majority vote of the Committee plus the concurrence of the primary staff support to the Committee.

I. Perform such other duties as may be prescribed by the City Council.

2.46.030 Public Community Safety and Welfare Committee —Terms of Office.

The terms of office of the five members of the Public Community Safety and Welfare Committee who are appointed by the City Council shall be for two years from July 1 to June 30 of the second following year, and with such terms staggered so that three Committee members are appointed in even-numbered years and two Committee members are appointed in odd-numbered years. Annually, at the first meeting after the newly appointed Committee members assume office in July, the Committee shall select a chair and vice-chair from among its members. No less than 60 days prior to the expiration of terms, the City Clerk shall notify the City Council of the forthcoming vacancies and the City Council shall make the necessary appointments prior to the expiration of the terms. In the event the City Council does not make the necessary appointments prior to the expiration of the terms, existing members with expiring terms shall continue to serve as Public Community Safety and Welfare Committee members until successors are appointed by the City Council and assume office.

The OCSD representative to the Public Community Safety and Welfare Committee shall serve on the Committee indefinitely during his/her tenure with the OCSD at the will of the Chief of Police Services.

The OCFA representative to the Public Community Safety and Welfare Committee shall serve on the Committee indefinitely during his/her tenure with the OCFA at the will of the Chief of Fire Services.

The City's Marine Safety Division representative to the Public Community Safety and Welfare Committee shall serve on the Committee at the will of the City Manager.

2.46.040 Meetings—Attendance.

The Public Community Safety and Welfare Committee shall hold meetings bimonthly in accordance with the rules of procedures to be enacted and recorded in a book of official proceedings. A Public Community Safety and Welfare Committee member who was appointed by the City Council who is absent from three consecutive meetings of the 66 Ordinance No. 1789 Page 10
Public Community Safety and Welfare Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Public Community Safety and Welfare Committee to be absent from three (3) consecutive meetings for good cause, shall, as a result, surrender his or her office on the Public Community Safety and Welfare Committee and the office shall be considered vacant.

The OCSD, OCFA and Marine Safety Division representatives to the Public Community Safety and Welfare Committee may be removed from office at the discretion of the Chief of Police Services, Chief of Fire Services, or City Manager, respectively, if he/she is absent from three consecutive meetings, where their attendance is necessary, of the Public Community Safety and Welfare Committee, without furnishing to the City Clerk a certificate of illness from a duly practicing physician, or without the authorization of the Public Community Safety and Welfare Committee to be absent from three consecutive meetings, where their attendance is necessary, for good cause.

2.46.050 Filling of vacancies—Removal of members.

Any vacancy occurring in the office of a Public Community Safety and Welfare Committee member shall be filled in the same manner as the original appointment, and a successor shall hold office for the unexpired portion of the term of his or her predecessor. Each member of the Public Community Safety and Welfare Committee who is appointed by the City Council shall serve at the pleasure of the City Council and may be removed from office with or without cause by a majority vote of all members of the City Council. The OCSD representative shall serve at the pleasure of the Chief of Police Services and may be removed from office with or without cause at the will of the Chief of Police Services. The OCFA representative shall serve at the pleasure of the Chief of Fire Services and may be removed from office with or without cause at the will of the Chief of Fire Services. The City's Marine Safety Division representative to the Public Community Safety and Welfare Committee shall serve on the Committee at the will of the City Manager and may be removed from office with or without cause at the will of the City Manager.

2.46.060 Voting power of members.

The seven members of the Public Community Safety and Welfare Committee who are appointed by the City Council shall each have one vote on any matter pending before the Committee. The OCSD, OCFA, and Marine Safety Division representatives are nonvoting members.

2.46.070 Committee subject to state law, etc.

The Public Community Safety and Welfare Committee shall be subject to the rules and regulations regarding the conduct of meetings under state and city law and to the provisions of any ordinance of the City.
67 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, March 18, 2025
City Council
Regular Meeting Minutes
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

A Regular Meeting of the San Clemente City Council was called to order by Mayor Knoblock on March 18, 2025 at 4:30 p.m. in the San Clemente City Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

CLOSED SESSION
Amanda Quintanilla commented on Closed Session Item A - Conference with Legal Counsel - Anticipated Litigation as it relates to previous Closed Session discussions and previously agendized 2026 Mayoral Election for City Councilmembers.

Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to recess to Closed Session at 4:33 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(1):

Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

Page 1 of 14 ends

DRAFT
Attachment 2
68 City Council Regular Meeting Minutes March 18, 2025
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

1. Pursuant to Government Code section 54957(b)
Title: City Manager

2. Pursuant to Government Code section 54957(b)(1)&(4)
Title: City Attorney
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Closed Session concluded at 5:23 p.m.

BUSINESS MEETING
The Business Meeting reconvened at 5:30 p.m. with all City Councilmembers present.

INVOCATION
Pastor Brieann Knutson, San Clemente Presbyterian Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Cabral led the Pledge of Allegiance.

Deputy Involved Incident at North Beach
Mayor Knoblock announced that an Orange County Sheriff's Department deputy was involved in an incident at North Beach; displayed a photograph of the suspect along with a description; sent well wishes to Deputy Garcia for a quick recovery. A hard copy of the photograph is on file with the City Clerk.

1. Special Presentations
Warwick Group Consultants
Howard Marlowe and Dan Ginolfi, representing Warwick Group Conultants, spoke under Oral Communications, please reference page 4 of these minutes for a summary of their comments.

Adoptable Pet of the Month
Coastal Animal Services Authority General Manager Stinett and Animal Services Officer Moran presented "Dobadee", an adoptable dog; shared information concerning an upcoming low-cost vaccine clinic to be held on April 9, 2025 from 5:00-7:00 p.m. at the San Clemente Community Center.

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2. Council Member Reports
Councilmember Cabral:
· Attended Orange County Fire Authority meetings held on March 10 and March 15, 2025.
· Announced an upcoming meeting with the Downtown Business Association on March 19, 2025.
· Attended the Fish for Life event at the Festival of Whales in Dana Point. · Met with Dan Whitley, United States Marine Corps, Camp Pendleton, concerning the State Parks San Onofre Beach lease on March 6, 2025. · Attended the swearing in ceremony for State Senator Strickland. · Attended a meeting concerning the Golf Course.
· Met with United States Immigration and Customs Enforcement Officials at the White House.

Mayor Pro Tem Enmeier:
· Attended the Coastal Animal Services Authority Meeting on March 13, 2025 concerning personnel changes.
· Attended an Orange County Transportation Authority (OCTA) briefing concerning upcoming projects on March 10, 2025.
· Attended the Leadership San Clemente meeting on March 13, 2025. · Attended the Aim High Program Certification Ceremony on March 17, 2025. · Met with a Girl Scout troop at City Hall on March 7, 2025.

Councilmember Loeffler:
· Attended the City Employee Service Awards Luncheon; acknowledged Diane Araujo as Employee of the Year.
· Commented on the deputy involved incident that occurred on March 18, 2025 at North Beach.

Councilmember Wu:
· Attended the State Parks grant walk through on March 5, 2025. · Attended the Southern California Association of Governments (SCAG) Transportation Committee meeting on March 6, 2025 and announced available grants from SCAG.
· Attended the Marine Corps Battle Color Ceremony on March 10, 2025 held at Camp Pendleton.
· Attended the Mayor’s Prayer Breakfast on March 11, 2025 at the San Clemente Community Center.
· Met with Mike Kay at Vista Hermosa Sports Park concerning the goat grazing pilot program on March 16, 2025.

Mayor Knoblock:
· Attended Leadership San Clemente on March 6, 2025.
· Attended the South County Economic Coalition meeting on March 7, 2025.

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70 City Council Regular Meeting Minutes March 18, 2025
· Met with a Girl Scout troop at City Hall on March 7, 2025. · Attended the Mayor’s Prayer Breakfast on March 11, 2025 at the San Clemente Community Center.
· Attended the ribbon cutting for TailoredSpace on March 13, 2025. · Attended Supervisor Foley’s meeting with District 5 Mayors on March 18, 2025.

3. Oral Communications (Part 1)
Howard Marlowe, Warwick Group Consultants, spoke of their efforts on behalf of the City concerning advocacy in Washington D.C. related to coastal issues.

Dan Ginolfi, Warwick Group Consultants, spoke on their advocacy efforts, on behalf of the City, to secure federal funds for coastal issues within San Clemente.

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

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

5. Consideration of agendizing items requiring immediate action None.

6. Closed Session Report - City Attorney
City Attorney Mitchell provided the following Closed Session Report:

Direction given, no reportable action concerning:

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(1): Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

Direction given, no reportable action concerning:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

1. Pursuant to Government Code section 54957(b)
Title: City Manager

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2. Pursuant to Government Code section 54957(b)(1)&(4)
Title: City Attorney

7. Staff Communications
None.

8. Public Hearings
8A. CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF

BROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE

CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
Mayor Knoblock opened the Public Hearing.

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

David Hickey, legal counsel for Broadmoor Homeowners Association, spoke on the ongoing efforts by the Broadmoor Community to address the trees that exceed the 17ft height restriction within the Broadmoor Homeowners Association; urged the City to provide additional time for the Broadmoor Homeowners Association to work through their noticing and enforcement procedures.

Linda Williams, Broadmoor Homeowners Association, commented on enforcement action taken by the Broadmoor Homeowners Association; spoke in opposition to abating violations prima facie and the process for evaluating properties to determine impacts to homeowners on Calle Felicidad.

Reva Buck commented on enforcement action by the Broadmoor Homeowners Association; urged the city to enforce the 17 foot height restriction within the Broadmoor Homeowners Association.

Paul Lefcourt, San Clemente, spoke on the Broadmoor Homeowners Association's action since the Novemebr 19, 2024 Public Hearing; urged the City Council to take enforcement action against the Broadmoor Homeowners Association.

Antonia Sipes, San Clemente, commented on action taken by the City concerning the development of the Broadmoor Homeowners Association.

John Milroy, San Clemente, spoke on the Broadmoor Homeowners Association's action since the Novemebr 19, 2024 Public Hearing.

William Garcia, San Clemente, commented on the non-compliance of the Broadmoor Homeowners Association.

Paul Buck, San Clemente, spoke on the 17 foot height restriction within the

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Broadmoor Homeowners Association; urged the City to take enforcement action against the Broadmoor Homeowners Association.

Marianne McAuley, San Clemente, expressed concerns regarding the City Council involving itself with Broadmoor Homeowners Association issues.

Angelo Garruba, San Clemente, commented on Buck v. Garruba as it relates to tree height within the Broadmoor Homeowners Association.

M'Liz Kelly, San Clemente, narrated a PowerPoint presentation concerning current conditions on the slopes of Calle Felicidad. A hard copy of the presentation is on file with the City Clerk.

John McAuley spoke on City enforcement of the Broadmoor Homeowners Association Conditions, Covenants and Restrictions.

Lisa Garruba, San Clemente, spoke in opposition to any City enforcement of Broadmoor Homeowners Association Conditions, Covenants and Restrictions.

Eric Fermin spoke on the original agreement between the homeowners on Calle Felicidad and the Broadmoor developers.

Broadmoor Representatives David Hickey and Linda Williams responded to comments made by residents; clarified that enforcement action is being taken by the Broadmoor Homeowners Association but additional time is needed; responded to City Council inquiries.

Matthew Silver, Civica Law Group, City Prosecutor, responded to City Council inquiries.

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

Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to determine that the Broadmoor Association has initiated enforcement of its Covenants, Conditions, and Restrictions (CC&Rs), and continue the public hearing to September 16, 2025, to allow the Broadmoor Association’s process to continue according to their specified timelines, and direct the Broadmoor Association to abate violations prima facie, not subject to a determination that a Felicidad homeowner’s view is obstructed.

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

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Meeting Recess
The meeting was recessed at 7:08 p.m. and reconvened at 7:15 p.m. with all City Councilmembers present.
8B. CONTINUED PUBLIC HEARING ON CONSIDERATION OF IMPLEMENTING A

NON-REFUNDABLE DEPOSIT FEE FOR GOLF TEE TIME BOOKINGS
Mayor Knoblock opened the Public Hearing.

Beaches, Parks and Recreation Director Wylie responded to City Council inquiries.

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

Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to table the public hearing and take no further action at this time.

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

9. Unfinished Business
9A. INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF

THE CITY OF SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND

RECREATION COMMISSION, COASTAL ADVISORY COMMITTEE, HUMAN

AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC

SAFETY COMMITTEE
Community Development Director Atamian with Beaches, Parks and Recreation Director Wylie reviewed the contents of the Administrative Report and responded to City Council inquiries.

Amanda Quintanilla narrated a PowerPoint presentation entitled "Commissions and Committees". A hard copy of the presentation is on file with the City Clerk.

Donna Vidrine, San Clemente, opined on the restructuring of City Commissions and Committees.

Sherman Fowler, San Clemente, spoke in opposition to consolidating the Arts and Culture Committee with the Beaches, Parks and Recreation Commission.

Shane Hirschman, San Clemente, spoke in opposition to consolidating the Arts and Culture Committee with the Beaches, Parks and Recreation Commission.

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Nick Berkuta, San Clemente, spoke in opposition to the proposed changes to the Public Safety Committee.

John Dolegowski, San Clemente, suggested changes to streamline the Coastal Advisory Committee.

Susan Ambrose, San Clemente, spoke on the work of the Coastal Advisory Committee.

Ed Kweskin, San Clemente, commented on his proposed ordinance which was previously submitted to the City Council and is on file with the City Clerk.

Bill Kreutinger, San Clemente, commented on the proposed changes to the Public Welfare and Safety Committee.

Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to direct staff to modify the Ordinance and return to the April 1, 2025 City Council meeting to amend the Arts and Culture Committee meeting schedule to hold meetings quarterly.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to direct staff to modify the Ordinance and return to the April 1, 2025 City Council meeting to consolidate the Beaches, Parks and Recreation Commission with the Coastal Advisory Committee and specific functions of the Human Affairs Committee; increase the number of commissioners to nine (9) members, with two (2) members having a specialty in coastal issues; meetings will be held bi-monthly.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Motion by Councilmember Loeffler, second by Councilmember Cabral, to direct staff to modify the Ordinance and return to the April 1, 2025 City Council meeting to consolidate the Public Safety Committee and specific functions of the Human Affairs Committee to form the Public Safety and Welfare Committee with seven (7) committee members, with a preference for four (4) members to have a background in public safety and three (3) or more (depending on the number of public safety applicants) will be selected at large.

Substitute motion by Councilmember Wu, DIED FOR A LACK OF SECOND, to to direct staff to modify the Ordinance and return to the April 1, 2025 City Council meeting to consolidate the Public Safety Committee and Specific functions of the Human Affairs Committee to form the Public Safety and Welfare Committee with five (5) committee members, with a preference for three (3) members to have a background in public safety and one to two (1-2) members with social welfare

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experience.

The original motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 5-0, to direct staff to modify the Ordinance and return to the April 1, 2025 City Council meeting to consolidate the Public Safety Committee and specific functions of the Human Affairs Committee to form the Public Safety and Welfare Committee with seven (7) committee members, with a preference for four (4) members to have a background in public safety and three (3) or more (depending on the number of public safety applicants) will be selected at large.

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

10. New Business
10A. CONSIDERATION OF ADOPTING RESOLUTION 25-30 OR SUBMITTING A

LETTER OF OPPOSITION TO THE SOUTH COAST AIR QUALITY

MANAGEMENT DISTRICT (SCAQMD) REGARDING PROPOSED AMENDED RULES 1111 AND 1121
Motion by Mayor Knoblock, second by Councilmember Loeffler, CARRIED 4-1 (Mayor Pro Tem Enmeier voting NOE) to authorize the Mayor to execute, and staff to submit, a letter in opposition to the South Coast Air Quality Management District (SCAQMD) Governing Board to reconsider proposed Rules 1111 and 1121 and implement a more feasible and flexible approach to reducing Nitrogen Oxide emissions (NOx) that considered the unique challenges faced by the City of San Clemente.

AYE: Cabral, Loeffler, Wu and Mayor Knoblock
NOE: Enmeier
10B. REVIEW AND DISCUSSION ABOUT PAST CONTRIBUTIONS TO THE

MARINE UNIT SUPPORT BUDGET ITEM AND POTENTIAL INCREASE IN

CURRENT AND FUTURE ALLOCATIONS
Wayne Eggleston narrated a PowerPoint presentation concerning local Marines.

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

City Manager Hall responded to City Council inquiries.

Motion by Councilmember Loeffler, second by Councilmember Cabral, CARRIED 4-0-1 (Councilmember Wu Abstaining) to reimburse the owner of the Bella Collina golf course for the shortfall for the activity for the 2nd Battalion 1st Marines.

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AYE: Cabral, Enmeier, Loeffler and Mayor Knoblock
NOE: None
ABSTAIN: Wu
Special Presentations
A. WARWICK GROUP CONSULTANTS PROJECT UPDATE
Howard Marlowe and Dan Ginolfi spoke under Oral Communications, please reference page 4 of these minutes for a summary of their comments.

11. Consent Calendar
A. City Council Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MARCH 4, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
B. Commission/Committee Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to receive and file:
(1) PLANNING COMMISSION REGULAR MEETING MINUTES OF FEBRUARY 19, 2025.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF MARCH 6, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
C. Warrant Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3196 THROUGH 3203 AND WARRANT NOS.
602658 THROUGH 602821, PAID ON
2-21-25, IN THE AMOUNT OF $2,747,821.65
(2) APPROVE WARRANT NOS.
602822 THROUGH 602963, PAID ON
2-28-25, IN THE AMOUNT OF $4,009,262.79

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77 City Council Regular Meeting Minutes March 18, 2025
(3) APPROVE WIRE TRANSFER NOS.
3204 THROUGH 3211 AND WARRANT NOS.
602964 THROUGH 603199, PAID ON
3-7-25, IN THE AMOUNT OF $3,071,256.31
TOTAL WARRANT REGISTER $9,828,340.75
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Payroll Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:

APPROVE WARRANT NOS. 969
THROUGH 971 AND AUTOMATIC
DEPOSIT ADVISES 100947
THROUGH 101269, FOR THE PERIOD
2-3-25 THROUGH 2-16-25, PAID
ON 2-21-25, IN THE AMOUNT OF $507,122.24
APPROVE WARRANT NOS. 972
THROUGH 973 AND AUTOMATIC
DEPOSIT ADVISES 101270
THROUGH 101601, FOR THE PERIOD
2-17-25 THROUGH 3-2-25, PAID
ON 3-7-25, IN THE AMOUNT OF $528,399.88
TOTAL PAYROLL REGISTER $1,035,522.12
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11D. CONSIDERATION OF A RESOLUTION APPROVING THE 2024 GENERAL

PLAN ANNUAL PROGRESS REPORT
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:

1. Adopt Resolution No. 25-31 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE GENERAL PLAN 2024 ANNUAL PROGRESS REPORT.

2. Direct staff to submit the 2024 General Plan Annual Progress Report to the State of California as required by law.

AYE:

NOE:

Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
None

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11E. ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2025
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to adopt Resolution No. 25 32 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,
PURSUANT TO SECTION 39561 AND 39562 OF THE CALIFORNIA

GOVERNMENT CODE DECLARING WEEDS, RUBBISH, REFUSE, AND DIRT

UPON STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO

BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT
THEREOF.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11F. CONTRACT AWARD - AS-NEEDED GEOTECHNICAL PLAN REVIEW

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

Adopt Resolution No. 25-33, which will:

1. Award professional services agreements to LGC Geotechnical, Inc, GMU Geotechnical, Inc., and Verdantas, Inc. for on-call as-needed geotechnical plan check services.

2. Approve and authorize the City Manager to execute, Contract No. C25-13, by and between the City of San Clemente and LGC Geotechnical, Inc., providing for on-call as-needed geotechnical plan check services, for a term of three (3) years, in an amount not to exceed $80,000 annually, with two optional one-year extensions exercisable in the City Manager's discretion.

3. Approve and authorize the City Manager to execute, Contract No. C25-14, by and between the City of San Clemente and GMU Geotechnical, Inc., providing for on-call as-needed geotechnical plan check services, for a term of three (3) years, in an amount not to exceed $80,000 annually, with two optional one-year extensions exercisable in the City Manager's discretion.

4. Approve and authorize the City Manager to execute, Contract No. C25-15, by and between the City of San Clemente and Verdantas, Inc., providing for on-call as-needed geotechnical plan check services, for a term of three (3) years, in an amount not to exceed $30,000 annually, with two optional one-year extensions exercisable in the City Manager's discretion.

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

12. Oral Communications (Part 2)
Amanda Quintanilla expressed concerns regarding the disbanded Citizens Ampitheater Committee as it relates to training; commented on questions not addressed during the meeting.

13. Future Agenda Items
Mayoral Term Limits
Mayor Pro Tem Enmeier, with the support of Mayor Knoblock, directed staff to return at an appropriate time to place Mayoral term limits on the ballot.

Commission and Committee Term Limits
Mayor Pro Tem Enmeier, with the support of Councilmember Loeffler, agendized consideration of term limits for Commission and Committee members.

14. Reports
San Clemente Police Services Captain Chevalier provided an update concerning the deputy involved incident at North Beach on March 18, 2025.

A. Commissions and Committees
None.

B. Council Subcommittee Updates
None.

C. City Attorney
Thanked the City for the opportunity to serve the Council and the City for the past two years.

D. City Manager
City Manager Hall reported that the following contracts were executed under his signature authority:

1. CSI Services Inc. providing for Reservoir Tank Inspection and Cleaning in an amount not to exceed $45,500.

2. Nichols Consulting Engineers, CHTD providing for the Pavement Management System Update $56,806.

3. The Regents of the University of California, Irvine providing for the preliminary study and preliminary design of strategies to cost-effectively

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80 City Council Regular Meeting Minutes March 18, 2025
increase sand supply in the amount of $45,000.

4. Civicstone, Inc. providing for Community Development Block Grant (CDBG) Housing Rehabilitation Program Administration $10,000.

5. Advantage Reline Services providing for Emergency Water Main Lining in the amount of $59,992.88.

Core Values Award Recipients
Announced the recipients of the Core Value Award winners: Eric Fritzsch, Utilities; James O'Blenes, Utilities; Jose Padilla, Public Works; Tamara Tatich, Community Development; Diane Araujo, Finance and Administrative Services.

15. Adjournment
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to adjourn at 9:15 p.m. The next Regular Meeting will be held on April 1, 2025. Closed Session will begin at 4:30 p.m.The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

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81 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: March 18, 2025 Agenda Item: 9A.

2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE,

RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION, COASTAL

ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC SAFE ..body TY COMMITTEE
Fiscal Impact:

If the City Council decides to reduce the number of committees, City staff anticipates a reduction in payments to the Coastal Advisory, Arts and Culture, and Human Affairs Committee members of $55.00 each per meeting, with a reduction in expenses of approximately $8,910 per year.

Additionally, staff anticipates the ability to reassign staff to other necessary tasks through the reduction of approximately 500-600 hours of staff time currently devoted to assisting the Coastal Advisory, Arts and Culture, and Human Affairs Committees.

Summary:

At the City Council Retreat on February 13, 2025, the City Council discussed options for the structure of Commissions and Committees and provided direction to staff to return with an ordinance to reorganize the duties of various Committees. The direction included consideration of reassigning certain duties of the Coastal Advisory Committee (the “CAC”), Human Affairs Committee (the “HAC”), and Arts and Culture Committee (the “ACC”) to other Commissions or to combine them with other Committees. Staff prepared an Ordinance that includes the decommissioning of the three aforementioned Committees, realigning the duties of the ACC and CAC to the Beaches, Parks and Recreation Commission, and splitting the duties of the HAC between the BPR Commission (the “BPRC”) and the Public Safety Committee (the “PSC”). There may be other modifications that the City Council could consider as well.

Background:

At its retreat on February 13, 2025, the City Council expressed an interest in reducing the total number of Committees and the staff time needed to assist them. The meeting minutes for the City Council Retreat are provided as Attachment 2.
1 Attachment 3
82 Meeting Date: March 18, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE
Below is a summary of the recommended changes, as reflected in the Exhibits attached to the proposed Ordinance No. 1756 (Attachment 1):

BPRC
Duties previously assigned to the Coastal Advisory and ACCs which relate, respectively, to coastal issues, including ocean and beach quality, and public art and cultural affairs, are proposed to be added to the BPRC’s duties.

Meetings are proposed to change from bi-monthly to monthly. One member of the Beaches, Parks, and Recreation Commission will be appointed annually to the Social Services Grants Subcommittee (along with one member of the new Community Safety and Welfare Committee).

PSC
To assume overlapping concerns typically addressed by the HAC and the PSC, the following changes are proposed:
• Rename the PSC as the Community Safety and Welfare Committee (CSWC); • Require at least one member, up to two, of the CSWC to have a background, or experience, in public health and welfare needs or homelessness. At least three members are required to have a public safety background (police services, fire services, marine safety, etc.);
• Add functions of the HAC related to assessing human needs within the community to the CSWC’s duties;
• One member of the Community Safety and Welfare Committee will be appointed annually to the Social Services Grants Subcommittee (along with one member of the Beaches, Parks, and Recreation Commission);
• Attendance by representatives of the Orange County Sheriff’s Department, Orange County Fire Authority, and Marine Safety Division, is only required when items on the agenda pertain to their respective agencies/divisions;
• References to the duties of the CSWC related to reviewing performance measures and developing an annual work plan are clarified to provide better specificity for those duties; • Meetings will be held bi-monthly.

The San Clemente Municipal Code Chapters relating to the CAC (Chapter 2.29), HAC (Chapter

2.40), and ACC (Chapter 2.45) are proposed to be deleted in their entirety.

An additional combination of committees has been discussed, but with less specificity than the changes proposed above. Many development applications are subject to review by the Design Review Subcommittee and prior to a decision on the application, the Planning Commission. On occasion, applicants have expressed frustration about the process, when, after going through the design review process with the Design Review Subcommittee and making modifications to the project based on their input, the Planning Commission proceeds to provide additional project design conditions and applicants are compelled to make additional changes. To avoid this perceived “second bite at the apple” the City Council could either combine design review into the duties of the Planning Commission, or remove design elements from the purview of the Planning Commission and fully vest them with the Design Review Subcommittee. Because discussion on 832
Meeting Date: March 18, 2025 Agenda Item: 9A.

CITY OF SAN CLEMENTE
this issue was not as specific as the other proposed changes, staff would need additional direction on this issue and time to develop a draft Ordinance for consideration by the City Council.

Council Options:
 Introduce and conduct the first reading of Ordinance No. 1789.  Modify Ordinance No. 1789 and conduct a first reading.  Direct staff to return to Council with additional information.  Take no action.

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
Staff Recommends that the City Council Introduce Ordinance No. 1789 entitled AN ORDINANCE

OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF THE CITY OF

SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION,

COASTAL ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC SAFETY COMMITTEE, RESPECTIVELY.
..end
Attachment:

1. Ordinance No. 1789

2. Minutes of the City Council Retreat meeting of February 13, 2025 Notification:

Arts and Culture Committee
Beaches, Parks & Recreation Commission
Coastal Advisory Committee
Golf Course Committee
Human Affairs Committee
Investment Advisory Committee
Planning Commission
Public Safety Committee
3 Exhibits
84 EXHIBIT 2
14 CITY OF SAN CLEMENTE
Thursday, February 13, 2025
City Council
Adjourned Regular Meeting Minutes
2:00 p.m. - City Council Retreat
100 N. Calle Seville
Community Center
Fireside Room
San Clemente, California
www.san-clemente.org
Mayor Knoblock
Mayor Pro Tern Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered .

An Adjourned Regular Meeting of the San Clemente City Council was called to order by Mayor Knoblock on February 13, 2025 at 2:00 p.m. in the San Clemente Community Center, Fireside Room, located at 100 N. Calle Seville, San Clemente.

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

CITY COUNCIL RETREAT

PLEDGE OF ALLEGIANCE
Councilmember Loeffler led the Pledge of Allegiance .

ORAL COMMUNICATIONS
George Gregory spoke in opposition to the Christ Lutheran Church Services held on the beach; expressed concerns regarding term limits for Councilmembers and the Elected Mayor in 2026.

Amanda Quintanilla commented on the Orange County Transportation Authority (OCTA) meeting; thanked City Manager Hall for his comments at the OCTA meeting.

1. DISCUSSION AND POSSIBLE DIRECTION ON WATER RESOURCES Public Works Director/City Engineer Rebensdorf narrated a PowerPoint presentation entitled "Discussion and Possible Direction on Water Resources" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Desalination Project
George Gregory opined that there are more cost effective methods than

Page 1 of 5 ends

85 15
City Council Adjourned Regular Meeting Minutes February 13, 2025 desalination for obtaining water in the event of an emergency.

Amanda Quintanilla expressed concerns regarding the Doheny Desalination Project as it relates to environmental impacts; commented on local wells.

John Dalegowski spoke on the future of water resources/allocation as it may be potentially impacted by population growth and global warming.

Water Resources
Amanda Quintanilla inquired on the output of local wells in case of an emergency and their current operating conditions.

George Gregory suggested that the City place a reservoir along Pico Canyon for emergencies.

Following discussion, the City Council agendized consideration of the Poche Beach Runoff Reclamation Phase I Project and consideration of partnering on the Doheny Desalination Phase I, both projects will return to the City Council for consideration at a future meeting.

Meeting Recess

2. The City Council recessed at 3:21 p.m. and reconvened at 3:25 p.m. with all City Councilmembers present.

DISCUSSION AND DIRECTION FOR THE PHASE II/FINAL IMPROVEMENTS

AT CASA ROMANTICA
Shawn Ryan narrated a PowerPoint presentation entitled "City Council Retreat Item 2 Discussion and Direction for the Phase II/Final Improvements at Casa Romantica" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Wayne Eggleston commented on his involvement on the development of Casa Romantica into a cultural center; spoke in support of like-for-like repairs at Casa Romantica.

George Gregory spoke in support of like-for-like repairs at Casa Romantica; urged the City to seek private donors to fund improvements.

Larry Culbertson commented on the importance of Casa Romantica as a cultural center; urged the City Council to expand the amphitheater and observation deck.

Ruth Denault commented on the work of the Casa Romantica Board.

Jacqui Groseth, Executive Director, Casa Romantica, offered to share event/revenue data with the City; spoke on activities held at the amphitheater.

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86 16
City Council

3. 4.

Adjourned Regular Meeting Minutes February 13, 2025
Following discussion, the City Council agendized a report concerning the Joint Powers Insurance Authority (JPIA) funding of like-for-like repairs and costs for Casa Romantica.

The City Council expressed interest in relocating the amphitheater to the slope .

The City Council requested that the Casa Romantica Board provide the City with the following information :

1. Data concerning income/expenditures on an annual basis (as included in the lease)

2. Direct the City Manager to extend the offer to have a City Councilmember be an ex-officio member of the Casa Romantica Board.

3. Direct the City Manager to collaborate with Casa Romantica to get audit numbers and lease provisions concerning noise .

UPDATE, LOOK AHEAD AND POSSIBLE DIRECTION ON COASTAL

RESOURCES
Coastal Administrator Meyerhoff narrated a PowerPoint presentation entitled "City Council Retreat Item 3 Coastal Projects" and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Amanda Quintanilla commented on the development of Doheny State Beach; spoke on the partnership with the Orange County Transportation Authority (OCTA).

DISCUSSION AND POSSIBLE DIRECTION REGARDING THE CITY OF SAN

CLEMENTE CAPITAL IMPROVEMENT PROGRAM
City Manager Hall narrated a PowerPoint presentation concerning the Capital Improvement Program and responded to City Council inquiries. A hard copy of the presentation is on file with the City Clerk.

Amanda Quintanilla opined that the City should have a procedure to prioritize Capital Improvement Projects; expressed concerns regarding a proposed bike lane project on Avenida Pico.

Following discussion, the City Council directed the Capital Improvement Projects be displayed on a map and included in the budget.

The City Council directed the City Manager to return to the City Council within three months with a report concerning Capital Improvement Projects that could be contracted as either Professional Services Agreements or General Services Contracts and how to utilize contractors to expedite projects.

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87 17
City Council

5. Adjourned Regular Meeting Minutes February 13, 2025

DISCUSSION AND POSSIBLE DIRECTION ON CITY COMMISSIONS AND

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

Community Development Director Atamian and Beaches Parks and Recreation Director Wylie responded to City Council inquiries.

Susan Ambrose, San Clemente, commented on her work on the Coastal Advisory Committee.

John Dalegowski, San Clemente, spoke on the work of the Coastal Advisory Committee; suggested ways the Coastal Advisory Committee could better assist the City/staff.

Amanda commented on attendance at the Coastal Advisory Committee as it relates to the information provided to the community .

Following discussion , the City Council directed staff to return to the City Council with a report concerning the City's Commissions and Committees with the following changes:

1. Consolidating the Human Affairs Committee and Public Safety Committee requiring four members to have a public safety background .The San Clemente Chief of Police Services , Orange County Fire Authority Division Chief and Marine Safety Chief to attend meetings as-needed.

2. Consolidate the Arts and Culture Committee, Coastal Advisory Committee with the Beaches, Parks and Recreation Commission requiring two members have coastal expertise.

3. The City Council directed that the Golf Course Committee, Investment Advisory, Planning Commission to remain in their current status .

6. CITY COUNCIL DISCUSSION AND POSSIBLE DIRECTION ON CITY

COUNCIL POLICIES AND PROCEDURES
Amanda Quintanilla spoke in opposition to limiting time for publ ic speakers at regular City Council meetings.

7. CITY MANAGER CLOSING COMMENTS
The City Manager acknowledged the City Council and their continued efforts to make San Clemente a great place to live, work and play; suggested that two retreats be held a year to facilitate discussion on topics of importance.

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88 18
City Council Adjourned Regular Meeting Minutes February 13, 2025

8. Adjournment
Motion by Councilmember Cabral , second by Mayor Knoblock, CARRIED 5-0, to adjourn at 6:13 p.m. The next Regular Meeting will be held on February 18, 2025. Closed Session will begin at 4:30 p.m.The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers , located at 910 Calle Negocio, 2nd Floor, San Clemente .

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
San Clemente, California
C~ oftheCityof
San Clemente, California

Page 5 of 5 ends

89 910 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: April 1, 2025 Agenda Item: 10C.

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

CONSIDERATION OF A RESOLUTION AUTHORIZING THE COMMENCEMENT OF

PROCEEDINGS IN CONNECTION WITH THE PROPOSED REFUNDING OF THE OUTSTANDING CITY OF SAN CLEMENTE COMMUNITY FACILITIES DISTRICT NO. 2006-1 (MARBLEHEAD COASTAL) 2015 SPECIAL TAX BONDS, CONFIRMING THE APPOINTMENT

OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH ..body
Fiscal Impact:

The 2025 Refunding Bonds will have no financial impact on the City Budget, as all payments of principal and interest on the 2025 Refunding Bonds will be paid solely from the special tax revenues levied and collected from properties located in the affected community facilities district.

It is estimated that the refunding of the 2015 CFD Bonds will reduce annual debt service payments by approximately $500,000 per year, totaling over $3.1 million in net present value saving over the remaining term of the 2015 CFD Bonds based on current market conditions, which are subject to change.

Summary:

Resolution No. 25-35 would authorize the initiation of proceedings to issue bonds (the “2025 Refunding Bonds”) to refund outstanding City of San Clemente Community Facilities District No. 2006-1 (Marblehead Coastal) 2015 Special Tax Bonds (the “2015 CFD Bonds”) to take advantage of lower interest rates and reduce the annual debt service payments, thereby lowering residents’ special tax payments starting in FY 2025/26.

Background:

The City, working with its Municipal Advisor, Fieldman, Rolapp & Associates, Inc., has determined that, due to prevailing financial market conditions, it is in the best interests of the City and the CFD residents to refund the 2015 CFD Bonds. The $55.49 million 2015 Special Tax Bonds were issued to fund infrastructure for the Marblehead Coastal Project. Those bonds have an outstanding balance of $50.67 million and mature in 2046. There will be no extension of the financing term.

Refunding Process and Next Steps:

It is anticipated that the refunding will take approximately three months to complete. The key milestones to complete the refunding are identified below:
 City Council approve initiation of proceedings to refund outstanding 2015 CFD Bonds and approve the engagement of professionals (April 1, 2025) 90 Meeting Date: April 1, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
 Secure underlying credit rating from Standard & Poor’s (April 2025)  City Council Approval of the Preliminary Official Statement and remaining financing documents and legal documents (May 2025)
 Negotiated sale of 2025 Refunding Bonds (May 2025)
 2025 Refunding Bonds Closing (June 2025)
 Outstanding 2015 CFD Bonds Called (September 1, 2025) Resolution No. 25-35 is the first step in this process and authorizes the initiation of proceedings to refund the outstanding 2015 CFD Bonds and authorizes staff to execute contracts with the professionals required to assist the City to refund the 2015 CFD Bonds and issue the 2025 Refunding Bonds.

Below is the list of professionals that are proposed to assist the City with the refund process, along with their proposed fees for the engagement. All fees are contingent and to be paid out of the proceeds from the bond reissuance:
1) Stradling, Yocca, Carlson & Rauth LLP– Bond/Disclosure Counsel ($80,000) 2) Fieldman, Rolapp & Associates, Inc.– Municipal Advisor ($62,500) 3) Koppel & Gruber – Special Tax Consultant ($33,000)
4) Stifel, Nicolaus & Company – Underwriter (TBD)
Council Options:
 Approve Resolution 25-35.
 Modify and adopt Resolution 25-35.
 Continue the item and direct staff to make additional revisions.  Deny the Resolution.

Environmental Review/Analysis:

Not Applicable
Recommended Actions:

Staff Recommendation ..recommendation
It is recommended that:

THE CITY COUNCIL ADOPT CITY COUNCIL RESOLUTION 25-35 ENTITLED: RESOLUTION CITY

COUNTIL OF THE CITY OF SAN CLEMENTE AUTHORIZING THE COMMENCEMENT OF PROCEEDINGS

IN CONNECTION WITH THE PROPOSED REFUNDING OF THE OUTSTANDING CITY OF SAN CLEMENTE FACILITIES DISTRICT NO. 2006-1 (MARBLEHEAD COASTAL) 2015 SPECIAL TAX BONDS, CONFIRMING

THE APPOINTMENT OF PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN OTHER ACTIONS IN

CONNECTION THEREWITH
..end
91 Meeting Date: April 1, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 3
Attachment:

1. Resolution No. 25-35

2. Stradling Engagement Letter

3. Fieldman Rolapp Professional Services Agreement

4. Koppel Professional Services Agreement
Notification:

All proposed professionals.
92 Attachment 1
RESOLUTION NO. 25-35

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN

CLEMENTE AUTHORIZING THE COMMENCEMENT OF

PROCEEDINGS IN CONNECTION WITH THE PROPOSED

REFUNDING OF THE OUTSTANDING COMMUNITY
FACILITIES DISTRICT NO. 2006-1 (MARBLEHEAD COASTAL)
OF THE CITY OF SAN CLEMENTE 2015 SPECIAL TAX

BONDS, CONFIRMING THE APPOINTMENT OF

PROFESSIONAL SERVICES AND AUTHORIZING CERTAIN

OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City Council of the City of San Clemente (the “City”) previously issued on behalf of Community Facilities District No. 2006-1 (Marblehead Coastal) of the City of San Clemente (the “District”) its 2015 Special Tax Bonds (the “2015 Bonds”); and WHEREAS, the City Council, now proposes to refund the outstanding 2015 Bonds for debt service savings and reduction in special taxes; and WHEREAS, it is proposed that the 2015 Bonds will be refunded from the proceeds of refunding bonds (the “Bonds”); and
WHEREAS, it is appropriate that the City Council formally authorize commencement of proceedings, appoint a municipal advisor, a bond counsel, a disclosure counsel, an underwriter and special tax consultant and approve certain preliminary actions in connection with the authorization, issuance and sale of the Bonds.

NOW, THEREFORE, the City Council of the City of San Clemente, acting as the legislative body of Community Facilities District No. 2006-1 (Marblehead Coastal) of the City of San Clemente, DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:

Section 1. Recitals True and Correct. Each of the above recitals is true and correct and is adopted by the City Council, acting in its capacity as the legislative body of the District, and incorporated fully herein.

Section 2. Authorized Preparations. The City Council authorizes appropriate officers and officials of the City to proceed with the preparation of the necessary documents in connection with the issuance and sale of the Bonds, subject to the final approval thereof by the City Council at a subsequent meeting.

Section 3. Authorized Appointments. The City Council hereby confirms the following appointments:
(a) Fieldman, Rolapp & Associates, Inc. as municipal advisor to the City in connection with the authorization, issuance and sale of the Bonds. Each Authorized Officer (as defined in Section 5) is hereby authorized to enter into an agreement with 93 Resolution No. 25-35 Page 2
-2-
Fieldman, Rolapp & Associates, Inc. in substantially the same form presented to the City Council on April 1, 2025;
(b) Stradling Yocca Carlson & Rauth LLP as bond counsel and disclosure counsel in connection with the authorization, issuance and sale of the Bonds. Each Authorized Officer (as defined in Section 5) is hereby authorized to enter into an agreement with Stradling Yocca Carlson & Rauth LLP, in substantially the same form presented to the City Council on April 1, 2025;
(c) Koppel & Gruber as special tax consultant in connection with the authorization, issuance and sale of the Bonds. Each Authorized Officer (as defined in Section 5) is hereby authorized to enter into an agreement with Koppel & Gruber, in substantially the same form presented to the City Council on April 1, 2025; and (d) Stifel, Nicolaus & Company, Incorporated, as underwriter in connection with the authorization, issuance and sale of the Bonds.

Section 4. Authorized Actions. All actions of the officers, agents and employees of the City that are in conformity with the purposes and intent of this resolution, whether taken before or after the adoption hereof, are hereby ratified, confirmed and adopted.

Section 5. Authorized Officers. The Mayor, the City Manager, the City Treasurer and the Administrative Services Director, on behalf of the legislative body of the District, or the written designee thereof (each, an “Authorized Officer”), are hereby authorized and directed to take such action and to execute such documents as may be necessary and proper to effectuate the intent of this resolution, including, but not limited to, engaging one or more rating agencies to provide a rating on the Bonds, and to approve the payment of any associated costs or fees for such rating.

Section 6. Effective Date. This resolution shall be in full force and effect immediately upon its adoption.

PASSED AND ADOPTED this ___th day of _____, 2025.

ATTEST:

Laura Campagnolo,
City Clerk of the City of San Clemente, as
the legislative body of Community
Facilities District No. 2006-1
(Marblehead Coastal) of the City of San
Clemente
Steve Knoblock,
Mayor of the City of San Clemente, as
the legislative body of Community
Facilities District No. 2006-1
(Marblehead Coastal) of the City of San
Clemente
94 Resolution No. 25-35 Page 3
-3-

STATE OF CALIFORNIA )

CITY OF SAN CLEMENTE)

COUNTY OF ORANGE )
The undersigned, City Clerk of the City of San Clemente, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of San Clemente, acting as the legislative body of Community Facilities District No. 2006-1 (Marblehead Coastal) of the City of San Clemente, at a regular meeting held on the ___th day of ____, 2025, and that it was so adopted by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________.

Laura Campagnolo,
City Clerk of the
City of San Clemente
I, Laura Campagnolo, City Clerk of the City of San Clemente, do hereby certify that the above and forgoing is a full, true, and correct copy of Resolution No. _____ of said City Council, and that the same has not been amended or repealed.

Laura Campagnolo,
City Clerk of the
City of San Clemente
Approved as to form:
______________________________
Elizabeth A. Mitchell, City Attorney
95 Brian P. Forbath
949 725 4193
[email protected]
Stradling Yocca Carlson & Rauth LLP
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6422
949 725 4000
stradlinglaw.com
4913-7874-1036/029999-0001
March 20, 2025
Andy Hall
City Manager
City of San Clemente
910 Calle Negocio
San Clemente, CA, 92673
Dear Mr. Hall:

We thank you for the opportunity to represent the City of San Clemente as bond and disclosure counsel on public finance matters as may arise from time-to-time. Unless otherwise confirmed in writing, the terms of this letter and the enclosed Terms of Retention will govern our bond and finance counsel representation of you.

We are attaching our normal Terms of Retention, which is an integral part of our retention agreement. If this letter, including the attached Terms of Retention, accurately reflects your understanding of our relationship, please acknowledge your approval and acceptance of these terms by signing and returning this letter to me. Copies of each are enclosed for your files. I would be pleased to answer any questions you might have.

Very truly yours,

STRADLING YOCCA CARLSON & RAUTH LLP
Brian P. Forbath
Attachment 2
96 4913-7874-1036/029999-0001
The undersigned hereby agrees that the terms and conditions in this letter and the accompanying Terms of Retention shall apply to services rendered by Stradling Yocca Carlson & Rauth LLP.

CITY OF SAN CLEMENTE
By:

City Manager
97 4913-7874-1036/029999-0001

TERMS OF RETENTION
OF

STRADLING YOCCA CARLSON & RAUTH LLP

1. Fees and Costs. Stradling Yocca Carlson & Rauth LLP (the “Firm”) is compensated for its services based primarily on the value of the services and the time spent performing them.

Such compensation may include the time spent on client conferences, travel, research, drafting documents, and other activities. The amount of fees charged on a statement is determined by the hours expended by the different attorneys and other professional personnel involved and the applicable discounted rates applicable to public agencies. Such rates may change from time-to-time.

Notwithstanding the foregoing, in the event that the City of San Clemente (the “City”) determines to issue bonds, notes or other obligations, we will agree to negotiate a written fixed fee arrangement as is traditional for bond and disclosure counsel matters. Such arrangement may be memorialized as a supplement to this letter. Such fixed fees would be payable contingent upon closing of the transaction and the City would be under no obligation to pay the fees to the Firm if either (i) the bonds, notes or other obligations are not issued or (ii) the Firm and the City are unable to reach an agreement regarding the fixed fee arrangement.

Similarly, if the City engages the Firm in connection with the City’s ongoing community facilities district matters, the fee arrangement for such representation will be provided in a supplement to this letter.

The firm also charges for various costs such as copying, telephone charges, computerized legal research, word processing and/or other computer time, overtime costs, messenger services, travel, filing fees and other costs. Bills for some costs are passed on directly, such as bills for certified shorthand reporters, technical consultants, and other professional fees. In the event that the City and the Firm agree to a fixed fee for a transaction, expenses for such transaction will be included in the fixed fee set forth in the related supplement to this letter.

2. Termination by Us. We reserve the absolute right to withdraw from representing you, upon 30 days written notification, if, among other things, you fail to honor the terms of our agreement, you fail to cooperate fully or follow our advice on a material matter, or any fact or circumstance occurs that would, in our view, render our continuing representation unlawful or unethical. If we elect to withdraw, you will take all steps necessary to free us of any obligation to perform further services, including the execution of any documents necessary to complete our withdrawal, and we will be entitled to be paid at the time of withdrawal for all services rendered and costs and expenses paid or incurred on your behalf. If necessary in connection with litigation, we would request leave of court to withdraw.

3. Termination by City. We understand that we serve at the pleasure of the City and this Terms of Retention may be terminated by the City at any time, upon 10 days written notification with or without cause.

4. Date of Termination. Our representation of you will be considered terminated at the earlier of (i) your termination of our representation, (ii) our withdrawal from our representation of you, or (iii) the completion of our substantive work for you. 98 Terms of Retention
March 20, 2025

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5. Related Activities. If any claim or action is brought against us or any personnel or agents of the firm based on your negligence or misconduct, or if we are asked to testify as a result of our representation of you or must defend the confidentiality of your communications in any proceeding, you agree to pay us for any resulting fees, costs, or damages, including our time, even if our representation of you has ended.

6. No Guarantee of Outcome. The Firm will provide its services consistent with the level and quality of expertise expected of a nationally recognized firm specializing in securities law and the transactions contemplated by this agreement. We do not and cannot guarantee any outcome in a matter.

7. Insurance. We hereby advise you that this firm maintains professional errors and omissions insurance coverage applicable to the services to be rendered to you. Evidence of such insurance will be provided upon request.

8. Client. This firm’s client for the purpose of our representation is only the person or entity identified in the letter accompanying these Terms of Retention. Unless expressly agreed, we are not undertaking the representation of any related or affiliated person or entity, nor any parent, brother-sister, subsidiary, or affiliated corporation or entity, nor any of your or their officers, directors, agents, or employees. The City acknowledges that from time to time the Firm may advise the Marina Joint Powers Financing Authority on financing transactions and related matters.

9. Client File and Retention. For each matter the Firm maintains a file in which the Firm places certain documents and items, including original documents, that are reasonably necessary to the Firm’s representation in the matter. The Firm currently keeps each file for seven years after a matter concludes. The file belongs to the client and, subject to any protective order or non-disclosure agreement, the client may request to take possession of it once the matter concludes.

Should all or any portion of the file become the subject of a subpoena, discovery request or other disclosure obligation (“Legal Process”) while in the Firm’s possession, including after the matter concludes, you agree to pay the Firm’s then-prevailing hourly rates and costs that the Firm incurs in connection with the Legal Process.

10. Payment Notwithstanding Dispute. In the event of any dispute that relates to our entitlement to any payment from you, all undisputed amounts shall be paid by you. Any amounts in any client trust account held on your behalf, sufficient to pay the disputed amounts, shall continue to be held in such trust account until the final disposition of the dispute.

11. Arbitration. We appreciate the opportunity to serve as your attorneys and anticipate a productive and harmonious relationship. If you should feel for any reason that there is a problem with the services we have performed or with our charges, we encourage you to bring that to our attention immediately. If we perceive a problem with your representation, we likewise will endeavor to discuss it with you. Most problems should be rectified by communication and discussion.

However, a dispute might arise between us which could not be resolved by negotiation. We believe that such attorney-client disputes are most satisfactorily resolved through final and binding arbitration rather than by litigation. Both the United States Supreme Court and the California 99 Terms of Retention
March 20, 2025

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4913-7874-1036/029999-0001
Supreme Court have endorsed arbitration as an accepted and favored method of resolving disputes, because it is economical and expeditious.

In arbitration, there is no right to a trial by jury and the arbitrator's legal and factual determinations are generally not subject to appellate review. Arbitration rules of evidence and procedure are often less formal and less rigid than the rules which apply in Court. Arbitration usually results in a decision much more quickly than proceedings in Court, and the attorneys' fees and other costs incurred by both sides may be substantially less. You are free to discuss the advisability of arbitration with us, or with your own independent counsel or any of your other advisors, and to ask any questions which you may have.

By signing this Terms of Retention, we agree that, in the event of any dispute or claim arising out of or relating to our engagement, our relationship, our charges, or our services (including but not limited to disputes or claims regarding our charges, professional malpractice, errors or omissions, breach of contract, breach of fiduciary duty, fraud, or violation of any statute), SUCH DISPUTE OR

CLAIM SHALL BE RESOLVED BY SUBMISSION TO FINAL AND BINDING ARBITRATION IN SAN MATEO COUNTY, CALIFORNIA, BEFORE A RETIRED JUDGE OR JUSTICE. BY

AGREEING TO ARBITRATE, YOU WAIVE ANY RIGHT YOU HAVE TO A COURT OR JURY TRIAL. Venue with regard to any ancillary proceedings arising out of such dispute or claim shall also be in San Mateo County. If we are unable to mutually agree on a retired judge or justice, then each side will name one retired judge or justice and the two named persons will select a neutral judge or justice who will act as the sole arbitrator. The fees of the arbitrator will be paid initially equally by both the Firm and you. However, the arbitrator shall have the right to order either party to pay all fees and costs as part of his award.

In arbitration, we shall both be entitled to conduct discovery in accordance with the provisions of the California Code of Civil Procedure, but either of us may request that the arbitrator limit the amount or scope of such discovery and, in determining whether to do so, the arbitrator shall balance the need for the discovery against the parties' mutual desire to resolve disputes expeditiously and inexpensively.

Under California law, you have the right, if you desire, to request arbitration of any fee dispute before an arbitrator or panel of arbitrators selected by a local bar association or the State Bar (“Bar Arbitration”) and a trial de novo in court if dissatisfied with the result. If you do request a Bar Arbitration, the law provides that evidence of any claim of malpractice or professional misconduct is admissible only concerning the fees or costs in dispute and that the Bar Arbitrators shall not award any affirmative relief in the form of damages, offset or otherwise on account of such claim. By signing this Terms of Retention, you agree that if a Bar Arbitration is conducted, that Bar Arbitration or any trial de novo in Court thereafter shall determine only the issue of the amount of fees properly chargeable to you, if any, and that such Bar Arbitration or trial de novo in Court thereafter shall have no effect on the provisions set forth above which require arbitration before a retired judge or justice of any claims for affirmative relief based on alleged professional malpractice, errors or omissions, breach of conduct, breach of fiduciary duty, fraud or violation of any statute. Any such claims shall 100
Terms of Retention
March 20, 2025

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4913-7874-1036/029999-0001
be solely determined in an arbitration proceeding by a retired judge or justice without regard to the result of any Bar Arbitration or trial de novo thereafter.

12. Other Clients. As a law firm with many diverse clients and practice areas, the Firm seeks to retain the ability to accept unrelated matters for all of our clients. The Firm may thus request your informed written consent in the event the Firm seeks to represent any other client in any future matter that is not substantially related to the applicable public finance matter of the City and does not involve material confidential information the Firm obtained while representing the City.

Such matters could arise during the Firm’s representation of you on public finance matters as contemplated by this letter. You may determine to consent or not consent to such request and should feel free to consult your general counsel or other counsel of your choice before deciding whether to grant any consent should it be requested.

The Firm represents various investment banks and underwriters from time-to-time on transactions for public agencies other than the City. In the event that the City determines to issue bonds, notes or other obligations, the Firm will not represent any investment bank or underwriter on any such transaction of the City.

The Firm represents various public agencies, including cities, water agencies, school districts, and other agencies in San Mateo County and throughout California, as bond finance and/or disclosure counsel and on other financing matters. In the event that the City determines to issue bonds, notes or other obligations, the Firm does not expect to represent any such agency in connection with the City’s transaction; however, in the supplemental letter relating to the specific transaction of the City, the Firm would provide a statement to the effect that the Firm is not representing another water or similar agency in connection with such transaction.

13. Electronic Communication and Storage Technology. The Firm uses cell phones, email, wireless networks, cloud-based platforms, and other technology to communicate with others and to transmit or store documents and information. Such technology helps the Firm provide efficient and convenient legal services, but may pose confidentiality and security risks. By signing this letter agreement, you consent to the Firm’s use of all such technology in connection with this engagement.

14. Processing Client Personal Information. In connection with our engagement, you may be required to disclose to the Firm, or the Firm may obtain on your behalf, personal information relating to individuals that the Firm does not otherwise collect for the Firm’s own commercial or business purposes (“Client Personal Information”). For example, materials that you provide to the Firm for purposes of due diligence may contain Client Personal Information relating to third parties. You hereby acknowledge, agree and require that the Firm only collect, retain, use, disclose, or otherwise process Client Personal Information as your “service provider” or “data processor,” as defined in the California Consumer Privacy Act of 2018 or other data privacy laws, as applicable (collectively, “Data Privacy Laws”), or pursuant to any exception that may apply under Data Privacy Laws regarding the attorney-client relationship. The Firm will not sell Client Personal Information. The Firm will not collect, retain, use, disclose or otherwise process Client Personal Information for any purpose other than for the purpose of performing services to you pursuant to this 101
Terms of Retention
March 20, 2025

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engagement letter, unless applicable law requires us to do otherwise. The Firm will not collect, retain, use, disclose, or otherwise process Client Personal Information outside of the Firm’s direct relationship with you, unless applicable law requires the Firm to do otherwise. The Firm certifies that the Firm understand these restrictions and will comply with them. These restrictions are not intended to reduce or replace our obligations under applicable rules of professional conduct, including but not limited to the Firm’s obligation of confidentiality.

15. Publicity. You consent to the Firm’s use of your name and logo (if applicable) on our web site and in our marketing materials.

16. Client Communication. You hereby designate Andy Hall, City Manager, to act on your behalf for this matter, and you authorize us to communicate with, and receive directions from, that person and any other person that you may designate in the future.

17. City to Sign. The person signing this letter on behalf of the City represents that he or she has the full right and authority to do so, and to fully commit and bind the City to this engagement letter.

18. Firm Not Providing Financial Advice. The Firm is not a registered municipal advisor and does not provide financial advisory services or otherwise provide financial advice to Firm clients.

19. Miscellaneous. This letter sets forth the entire agreement between you and the Firm, and there is no other or additional understanding between you and the Firm on these subjects. This agreement supersedes any prior agreements or representations, written or oral, between you and the Firm on these subjects. Any modification or amendment to this agreement must be in a writing signed by you and the Firm. This agreement shall be governed by California law without reference to its conflict of law principles. If any provision of this agreement is found to be invalid or unenforceable, that provision shall be deemed modified or removed so that it is valid and enforceable to the fullest extent of the law, and the other provisions of this agreement shall be unimpaired.

20. Primary Attorneys. The primary attorneys with responsibility for this representation will be Brian Forbath and Nicolas Yeager. The parties agree that the Firm is being retained based on the unique skill, experience, and expertise of Brian Forbath and Nicolas Yeager and no change will be made in the primary attorneys without the prior, written consent of the City.

The Firm will not substitute another primary attorney without the prior, reasonable, approval of the City.
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Brian P. Forbath
949 725 4193
[email protected]
Stradling Yocca Carlson & Rauth LLP
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660-6422
949 725 4000
stradlinglaw.com
4936-3547-3452/029999-0001
March 20, 2025
Andy Hall
City Manager
City of San Clemente
910 Calle Negocio
San Clemente, CA, 92673
Dear Mr. Hall:

We thank you for the opportunity to continue our relationship with the City of San Clemente (the “City”), and the opportunity to serve as bond and disclosure counsel to the City in connection with its Community Facilities District No. 2006-1 (Marblehead Coastal) of the City of San Clemente (the “CFD”) 2025 Special Tax Refunding Bonds (the “Refunding Bonds”).

This letter is a supplement to our letter dated March 20, 2025, including the Terms of Retention (the “Master Terms of Retention”) set forth therein (collectively, the “Master Engagement Letter”). Except as expressly provided in this letter, the terms of the Master Engagement Letter will apply to the transaction and our Firm’s representation in connection therewith contemplated by this letter as if the same were herein set forth at length. Unless otherwise confirmed in writing, the terms of the Master Engagement Letter, as supplemented by this letter, including the attached Terms of Retention (ongoing CFD services), will govern our bond and disclosure counsel representation of you.

We are attaching our normal Terms of Retention with respect to ongoing CFD services, which are supplemental to the Master Terms of Retention. Such Terms of Retention are an integral part of our retention agreement. If the Master Engagement Letter, as supplemented by this letter, including the attached Terms of Retention (ongoing CFD services), accurately reflects your understanding of our relationship, please acknowledge your approval and acceptance of these terms by signing and returning this letter to me. Copies of each are enclosed for your files. I would be pleased to answer any questions you might have.

Very truly yours,

STRADLING YOCCA CARLSON & RAUTH LLP
Brian P. Forbath
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Andy Hall, City Manager
City of San Clemente
March 20, 2025

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Enclosure
The undersigned hereby agrees that the terms and conditions in Master Engagement Letter, as supplemented by this letter, including the attached Terms of Retention (ongoing CFD services), shall apply to services rendered by Stradling Yocca Carlson & Rauth LLP.

CITY OF SAN CLEMENTE
By:

City Manager
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4936-3547-3452/029999-0001

TERMS OF RETENTION (ONGOING CFD SERVICES)
OF

STRADLING YOCCA CARLSON & RAUTH LLP

1. Master Terms of Retention set forth in Master Engagement Letter. Except as expressly provided in this letter, the terms of the Master Terms of Retention will apply to the transaction and our Firm’s representation contemplated by this letter as if the same were herein set forth at length.

2. Fees and Costs. Stradling Yocca Carlson & Rauth LLP (the “Firm”) is compensated for its services based primarily on the value of the services and the time spent performing them.

Notwithstanding the forgoing, bond and disclosure counsel services with respect to the issuance of the Refunding Bonds will be billed at a fixed fee of $80,000 payable contingent upon the closing of the transaction.

3. Client Communication. You hereby designate Andy Hall, City Manager, to act on your behalf for this matter, and you authorize us to communicate with, and receive directions from, that person and any other person that you may designate in the future.

4. Authority to Sign. The person signing this letter on behalf of the City represents that he or she has the full right and authority to do so, and to fully commit and bind the City to this engagement letter.

5. Firm Not Providing Financial Advice. The Firm is not a registered municipal advisor and does not provide financial advisory services or otherwise provide financial advice to Firm clients. We understand that your registered municipal advisor, Fieldman, Rolapp & Associates, Inc., will be providing financial advisory services to you with respect to the ongoing CFD matters.

6. Miscellaneous. The Master Engagement Letter, as supplemented by this letter, sets forth the entire agreement between you and the Firm, and there is no other or additional understanding between you and the Firm on these subjects. This agreement supersedes any prior 105
Terms of Retention
March 20, 2025

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agreements or representations, written or oral, between you and the Firm on these subjects. Any modification or amendment to this agreement must be in a writing signed by you and the Firm. This agreement shall be governed by California law without reference to its conflict of law principles. If any provision of this agreement is found to be invalid or unenforceable, that provision shall be deemed modified or removed so that it is valid and enforceable to the fullest extent of the law, and the other provisions of this agreement shall be unimpaired.

7. Primary Attorneys. The primary attorneys with responsibility for this representation will be Brian Forbath and Nicolas Yeager. The parties agree that the Firm is being retained based on the unique skill, experience, and expertise of Brian Forbath and Nicolas Yeager and no change will be made in the primary attorneys without the prior, written consent of the City. The Firm will not substitute another primary attorney without the prior, reasonable, approval of the City. 106
Attachment 3
4930-6590-2639 v1

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 2025, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio, San Clemente, California, 92673 ("City") and Fieldman, Rolapp & Associates, Inc., a California corporation, with its principal place of business at 19900 MacArthur Blvd. Ste. 1100, Irvine, CA 92612 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional Municipal Advisory consulting services for the CFD No. 2006-1 (Marblehead) 2025 Special Tax Refunding Bonds project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from March 1, 2025 to December 31, 2025, or until the Services are completed to the City’s satisfaction, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three additional one-year terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.

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

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

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

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

3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number. 108
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3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

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

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

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

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely 109
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completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

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

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, including any work necessarily related thereto, at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation, including reimbursable expenses, shall not exceed Sixty Two Thousand Five Hundred Dollars ($62,500) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

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

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set 110
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forth therein.

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

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

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years 111
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from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

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

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

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

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

Consultant: Fieldman Rolapp & Associates
19900 MacArthur Blvd. Ste. 1100
Irvine, CA 92612
ATTN: James Fabian, Principal
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Brian Brower, Administrative Services Director
and Laura Campagnolo, City Clerk
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be 112
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prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

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

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property 113
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or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

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

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

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

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

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

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

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

3.5.14 Amendment; Modification. No supplement, modification, or amendment of 114
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this Agreement shall be binding unless executed in writing and signed by both Parties.

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

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

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

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

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

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

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

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of 115
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the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

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

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

Fieldman, Rolapp & Associates,
Inc., a California corporation
(“CONSULTANT”)
By:_____________________________
Adam Bauer, President
Dated: _________________________
By:_____________________________
James Fabian, Secretary
Dated: _________________________
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EXHIBIT "A"

SCOPE OF SERVICES
Consultant shall perform the following Municipal Advisory Transaction Services for the City (collectively, the “Services”) to the City’s satisfaction:

Consultant will provide services in connection with the Project as such Services are fully described below. Consultant is engaged in an expert municipal advisory capacity to the City only. It is expressly understood that the Services rendered hereunder are rendered solely to the City. Consultant does not undertake any responsibility to review disclosure documents on behalf of owners or beneficial owners of bonds or debt which may arise from the Consultant's work hereunder.

The Consultant shall perform all the duties and services described in this Exhibit A and shall provide such other services as it deems necessary or advisable to accomplish the Project, consistent with the standards and practice of professional municipal advisors prevailing at the time such services are rendered to the City.

The Consultant shall assume primary responsibility for assisting the City in coordinating the planning and execution of each debt issue relating to the Project. Insofar as the Consultant is providing Services which are rendered only to the City, the overall coordination of the financing shall be such as to minimize the costs of the transaction coincident with maximizing the City's financing flexibility and capital market access. The Consultant's proposed debt issuance Services may include the following:
 Develop the Financing Schedule
 Monitor the Transaction Process
 Review the Official Statement, both preliminary and final  Procure and Coordinate Additional Service Providers
 Provide Financial Advice to the City Related to Financing Documents
 Compute Sizing and Design Structure of the Debt Issue  Plan and Schedule Rating Agency Presentation
 Conduct Credit Enhancement Procurement and Evaluation  Conduct Market Analysis and Evaluate Timing of Market Entry  Recommend Award of Debt Issuance
 Provide Pre-Closing and Closing Assistance
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Specifically, Consultant will:

1. Develop the Financing Timetable.

The Consultant shall take the lead role in preparing a schedule and detailed description of the interconnected responsibilities of each team member and update this schedule, with refinements, as necessary, as the work progresses.

2. Monitor the Transaction Process.

The Consultant shall have primary responsibility for the successful implementation of the financing strategy and timetable that is adopted for each debt issue relating to the Project. The Consultant shall coordinate (and assist, where appropriate) in the preparation of the legal and disclosure documents and shall monitor the progress of all activities leading to the sale of debt. The Consultant shall prepare the timetables and work schedules necessary to achieve this end in a timely, efficient and cost-effective manner and will coordinate and monitor the activities of all parties engaged in the financing transaction.

3. Review the Official Statement.

The Consultant shall review the official statement for each debt issue relating to the Project to ensure that the City's official statement is compiled in a manner consistent with industry standards. Consultant does not undertake any responsibility to review disclosure documents on behalf of owners or beneficial owners of bonds or debt which may arise from the Consultant's work hereunder.

4. Procure and Coordinate Additional Service Providers.

The Consultant may act as City’s representative in procuring the services of financial printers for the official statement and related documents. In addition, the Consultant may act as the City's representative in procuring the services of trustees, paying agents, fiscal agents, feasibility consultants, redevelopment consultants, or escrow verification agents or other professionals, if the City directs.

5. Provide Financial Advice to the City Relating to Financing Documents.

The Consultant shall assist the managing underwriters, bond counsel and/or other legal advisors in the review of the respective financing resolutions, notices and other legal documents. In this regard, the Consultant shall monitor document preparation for a consistent and accurate presentation of the recommended business terms and financing structure of each debt issue relating to the Project, it being specifically understood however that the Consultant’s services shall in no manner be construed as the Consultant engaging in the practice of law.

6. Compute Sizing and Design Structure of Debt Issue.
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The Consultant shall work with the City's staff bond counsel and other professionals of the City to design a financing structure for each debt issue relating to the Project that is consistent with the City's objectives, that coordinates each transaction with outstanding issues and that reflects current conditions in the capital markets.

7. Plan and Schedule Rating Agency Presentation
The Consultant shall develop a plan for presenting the financing program to the rating agencies. The Consultant shall schedule rating agency visits, if appropriate, to assure the appropriate and most knowledgeable rating agency personnel are available for the presentation and will develop presentation materials and assist the City officials in preparing for the presentations.

8. Conduct Credit Enhancement Evaluation and Procurement.

Upon the City’s direction, the Consultant will initiate discussions with bond insurers, letter of credit providers and vendors of other forms of credit enhancements to determine the availability of and cost benefit of securing financing credit support.

9. Conduct Market Analysis and Evaluate Timing of Market Entry.

The Consultant shall provide summaries of current municipal market conditions, trends in the market and how these may favorably or unfavorably affect the City's proposed financing.
a. Competitive Sales.

For all types of competitive sale of debt, the Consultant shall undertake such activities as are generally required for sale of securities by competitive bid including, but not limited to the following:
 Review and comment on terms of Notice of Sale Inviting Bids  Provide advice on debt sale scheduling
 Provide advice on the use of electronic bidding systems  Contact potential bidders
 Coordinate bid opening with the City officials
 Verify bids received and make recommendations for acceptance  Provide confirmation of issue sizing, based upon actual bids received, where appropriate
 Coordinate closing arrangements with the successful bidder(s) b. Negotiated Sales.

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evaluation of market conditions preceding the negotiation of the terms of the sale of debt and will assist the City with the negotiation of final issue structure, interest rates, interest cost, reoffering terms and gross underwriting spread and provide a recommendation on acceptance or rejection of the offer to purchase the debt. This assistance and evaluation will focus on the following areas as determinants of interest cost:
 Size of financing
 Sources and uses of funds
 Terms and maturities of the debt issue
 Review of the rating in pricing of the debt issue
 Investment of debt issue proceeds
 Distribution mix among institutional and retail purchasers  Interest rate, reoffering terms and underwriting discount with comparable issues
 Redemption provisions
c. Private or Direct Placement
In the case of a private placement or direct placement of debt with a commercial bank or other similar institution, the Consultant will provide assistance and advice to the City in negotiating the terms of the debt, including the size, structure, interest rates, prepayment terms and compensation to lender, if any. The Consultant will provide a recommendation on the acceptance or rejection of the terms of the placement. The Consultant cannot provide a specific list of potential lenders and cannot serve as placement agent for the financing, but can assist the City with implementing a financing with a lender or lenders selected by the City without advice from the Consultant.

10.Recommend Award of Debt Issuance.

Based upon activities outlined in Task 10(a), 10(b) and 10(c) above, the Consultant will recommend accepting or rejecting offers to purchase the debt issue. If the City elects to award the debt issue, the Consultant will instruct all parties and help facilitate the actions required to formally consummate the award.

11.Provide Pre-Closing and Closing Activities.

The Consultant shall assist in arranging for the closing of each financing. The Consultant shall assist counsel in assuming responsibility for such arrangements as they are required, including arranging for or monitoring the progress of bond printing, qualification of issues for book-entry status, signing and final delivery of the securities and settlement of the costs of issuance. 120
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the Services to the City’s satisfaction according to the timeframe requested by the City.
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, 122
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business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

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

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

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

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insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

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

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

COMPENSATION
In full and complete compensation for the Services provided by the Consultant under this Agreement, the City shall pay the Consultant as follows:

For the Municipal Advisory Transaction Services referenced in Exhibit A to this Agreement, including Services performed before and after the adoption by the City Council, the Consultant will be compensated a fixed fee of ($60,000).

Payment of such compensation earned by Consultant shall be entirely contingent on, and payable at the closing of the debt issue(s) undertaken to finance the Project and from such transaction.

The above compensation is based on completion of work orders within six months of the City's authorization to proceed, and assumes that the City will provide all necessary information in a timely manner.

The fee referenced in above, presumes attendance at up to 6 meetings in the City's offices or such other location within a 25-mile radius of the City place of business as the City may designate. Preparation for, and attendance at City Council meetings on any basis other than "by appointment" may be charged at our normal hourly rates referenced in Part 2 below if approved in writing in advance.

Expenses
Expenses will be billed for separately and will cover, among other things, travel, lodging, subsistence, overnight courier, conference calls, and computer charges, with travel requiring City approval in writing in advance. Advances made on behalf of the City for costs of preparing, printing or distributing disclosure materials or related matter whether by postal services or electronic means, may also be billed through to the City upon prior authorization. Additionally, a surcharge of six percent (6.00%) of the compensation amount is added to verifiable out-of-pocket costs for recovery of costs such as telephone, postage, document reproduction and the like. Expenses are capped at $2,500.

Abandonment
If, once commenced, the services of the Consultant are terminated prior to completion of our final report for any reason, the Consultant will be compensated for professional services and reimbursed for expenses incurred through the time of receiving notification of such termination at the standard hourly rates for the City. 126
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WORKER’S COMPENSATION INSURANCE CERTIFICATION

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

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION

COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO

CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.
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Dated: _______________________________
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
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CITY OF SAN CLEMENTE

PROFESSIONAL SERVICES AGREEMENT
CONSULTING SERVICES –

COMMUNITY FACILITIES DISTRICT BOND ISSUANCE/REFUNDING
THIS AGREEMENT is made and entered into this _____ day of , 2025, by and between the City of San Clemente (“City”) and Koppel & Gruber Public Finance, a California Corporation (“Consultant”).

WHEREAS, the City desires to engage Consultant to furnish Special Tax Consulting Services- Community Facilities District Bond Issuance/Refunding(“Project”) as set forth in this Agreement.

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

1. SERVICES AND TERM
The Consultant shall perform Consulting Services. The scopes of services (“Services”) is attached as Exhibit “A” and incorporated herein by this reference.

2. COMPENSATION
Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “B” attached hereto and incorporated herein by reference. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

2.1 Payment of Compensation. Consultant shall submit to the City an itemized statement which indicates work completed and Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement.

The City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon.

2.2 Reimbursement for Expenses. Consultant shall be reimbursed for any expenses as authorized in Exhibit “B”.

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

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

Attachment 4
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3. SUSPENSION OR TERMINATION

3.1 Suspension. The City may, at any time, by thirty (30) days written notice, suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and the Consultant shall be paid for all services performed and reimbursable expenses incurred prior to the suspension date.

3.2 Termination. Either party may terminate this Agreement at any time by giving thirty (30) days’ written notice to the other party of such termination. If this Agreement is terminated as provided herein, Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bears to the total services of Consultant covered by this Agreement, less payments of compensation previously made.

4. RESPONSIBILITIES OF CONSULTANT
The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. The City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of the City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

5. INSURANCE
As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance.

Coverage Minimum Limits
(a) General Liability
1) Products and completed
operations
2) Contractual liability
3) Personal liability
$1,000,000 Combined Single Limit, per
occurrence and general aggregate
(b) Automobile Liability
1) Comprehensive automobile
liability including owned,
non-owned and hired autos
$1,000,000 Combined Single Limit, each
accident
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Coverage Minimum Limits
(c) Workers’ Compensation
1) Workers’ Compensation
Insurance
2) Employer’s Liability
$1,000,000 (Statutory)
(d) Professional Liability
Insurance
1) Providing coverage on
claims made basis for
errors and omissions
$1,000,000 per claim and annual aggregate

6. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY The Consultant may rely upon the accuracy of any documents provided to Consultant by the City. The City may copy, use, modify, or reuse any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on a computer data storage devices, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at the City’s sole risk.

7. GENERAL PROVISIONS

7.1 Accounting Records. Records of the Consultant’s direct labor costs, payroll costs and reimbursable expenses pertaining to the Services covered by this agreement shall be maintained on a generally recognized accounting basis and made available during normal business hours upon reasonable notice. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

7.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of the City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project, and if so disclosed, shall be disclosed on a “need to know” basis and with acknowledgement by the recipient that such materials are to be treated as confidential. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use the City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, 131
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television or radio production or other similar medium without the prior written consent of the City.

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

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

7.5 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from all claims, damages, losses, and expenses arising out of the performance of the services described herein to the extent caused by the negligent acts, errors, or omission of the Consultant, its officials, officers, employees, agents, subcontractors, and subconsultants, except to the extent caused by the active negligence or willful misconduct of the City or its officials, officers, employees, agents, or volunteers.

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

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

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

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

7.10 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days.

All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
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7.11 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

7.12 Ratification. In accordance with California Education Code Section 17604, this Agreement is not valid or an enforceable obligation against the District until approved or ratified by motion of the Governing Board duly passed and adopted.

7.13 Waiver. Consultant’s waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any subsequent breach of any other term, condition, or covenant.

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

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

7.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms, conditions, and provisions above stated, the day and the year first above written.

City of San Clemente Koppel & Gruber Public Finance
By: By: Scott Koppel

Title: Title: Principal
Address: 910 Calle Negocio
San Clemente, CA 92673
Address: 334 Via Vera Cruz, Suite 256
San Marcos, CA 92078
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EXHIBIT "A"

SCOPES OF SERVICES
A. BOND ISSUANCE/REFUNDING SPECIAL TAX CONSULTING SERVICES K&G Public Finance will perform the following scope of work in relation to Community Facilities District No 2006-1 (Marblehead) Special Tax Refunding Bonds, Series 2025:

1. Create tables for the Preliminary Official Statement (POS) and Official Statement (OS) and Rating Presentation. These tables typically include:
a. Maximum special tax coverage.
b. Effective tax rate table showing the projected tax rate on an average developed parcel in the CFDs.
c. Projected special taxes based on development status at bond sale. d. Sample tax bill.
e. Direct and overlapping debt.
f. Top owners.
g. Value to lien range summaries.

Additional tables may be necessary based on team discussion.

2. Review and comment on the Fiscal Agent Agreement/Trust Indenture, Preliminary Official Statements and Official Statements with respect to information included in the CFD Reports, additional bond issues, foreclosure covenants, disclosure agreements, flow of funds, arbitrage requirements, and escrowed proceeds (if applicable).

3. Review and sign the Special Tax Consultant Certificate certifying the maximum special tax rates are sufficient to meet debt service and coverage requirements in relation to the issuance of bonds.
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EXHIBIT "B"

COMPENSATION
We will provide the Scopes of Services described above for the fees outlined below.

Services Fee
CFD No. 2006-1 (Marblehead)Bond
Issuance/Refunding $33,000.00
The fees above include all work required for the projects including the time required for conference calls, telephone calls and emails.

Expenses
In addition to fees for services, K&G Public Finance shall be reimbursed for direct expenses, including, overlapping debt report, travel, mileage, photocopying, data sources, recording fees, courier services, and overnight delivery. These expenses are billed at our cost and will not exceed $700.00; we do not charge an administrative fee or additional expense mark-up.

Billing
K&G Public Finance will bill at the closing of the bond issue.

Additional Services
If authorized by the City, K&G Public Finance will provide additional services not included in the above scope of services at the hourly rates provided below unless otherwise agreed upon between the City and K&G Public Finance.

Title Rate
Principal $295
Vice President 260
Senior Analyst 230
Analyst 160
Production/Administration 100
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Additional Services
If authorized by the City, K&G Public Finance will provide additional services not included in the above scopes of services at the hourly rates provided below unless otherwise agreed upon between the City and K&G Public Finance.

Title Rate
Principal $295
Vice President 260
Senior Analyst 230
Analyst 160
Production/Administration 100
136
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: April 1, 2025 Agenda Item: (1)
137
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

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

Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to recess to Closed Session at 4:33 p.m. to discuss the following:

Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

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B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

1. Pursuant to Government Code section 54957(b)
Title: City Manager

2. Pursuant to Government Code section 54957(b)(1)&(4)
Title: City Attorney
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Closed Session concluded at 5:23 p.m.

BUSINESS MEETING
The Business Meeting reconvened at 5:30 p.m. with all City Councilmembers present.

INVOCATION
Pastor Brieann Knutson, San Clemente Presbyterian Church, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Cabral led the Pledge of Allegiance.

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Mayor Knoblock:
· Attended Leadership San Clemente on March 6, 2025.
· Attended the South County Economic Coalition meeting on March 7, 2025.

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· Met with a Girl Scout troop at City Hall on March 7, 2025. · Attended the Mayor’s Prayer Breakfast on March 11, 2025 at the San Clemente Community Center.
· Attended the ribbon cutting for TailoredSpace on March 13, 2025. · Attended Supervisor Foley’s meeting with District 5 Mayors on March 18, 2025.

3. Oral Communications (Part 1)
Howard Marlowe, Warwick Group Consultants, spoke of their efforts on behalf of the City concerning advocacy in Washington D.C. related to coastal issues.

Dan Ginolfi, Warwick Group Consultants, spoke on their advocacy efforts, on behalf of the City, to secure federal funds for coastal issues within San Clemente.

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

5. Consideration of agendizing items requiring immediate action None.

6. Closed Session Report - City Attorney
City Attorney Mitchell provided the following Closed Session Report:

Direction given, no reportable action concerning:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION

1. Pursuant to Government Code section 54957(b)
Title: City Manager

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2. Pursuant to Government Code section 54957(b)(1)&(4)
Title: City Attorney

7. Staff Communications
None.

8. Public Hearings
8A. CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF

BROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE

CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
Mayor Knoblock opened the Public Hearing.

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

Reva Buck commented on enforcement action by the Broadmoor Homeowners Association; urged the city to enforce the 17 foot height restriction within the Broadmoor Homeowners Association.

Antonia Sipes, San Clemente, commented on action taken by the City concerning the development of the Broadmoor Homeowners Association.

John Milroy, San Clemente, spoke on the Broadmoor Homeowners Association's action since the Novemebr 19, 2024 Public Hearing.

William Garcia, San Clemente, commented on the non-compliance of the Broadmoor Homeowners Association.

Paul Buck, San Clemente, spoke on the 17 foot height restriction within the

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Broadmoor Homeowners Association; urged the City to take enforcement action against the Broadmoor Homeowners Association.