San Clemente City Council
June 17, 2025

correlation to traditional assets (i.e., stocks and bonds) and their inflation hedging properties. Categories of real asset investments include, but are not limited to, real estate, infrastructure, land, farmland, timberland, precious metals, and commodities. Public real assets are publicly traded and liquid. The benefit of lower correlation investments is that, when implemented correctly, these investments can potentially improve a portfolio’s expected risk-adjusted return over the long-term. The real assets category can be extended to include other forms of assets that offer similar inflation hedging properties such as pooled vehicles holding: commodities contracts, Treasury Inflation Protected Securities (“TIPS”), index-linked derivative contracts, certain forms of intellectual property, and the equity of companies in businesses thought to hedge inflation. For purposes of asset allocation targets and limitations, real assets may be categorized as “Other” under either the Growth Assets or Income Assets category or in the Real Return Assets category, depending on the nature and risk/return profile of the investment.

4.7.2.4 CASH EQUIVALENTS
Cash equivalents shall be held in funds complying with Rule 2(a)-7 of the Investment Company Act of 1940.

Prohibited Investments
Except for purchase within authorized investments, securities having the following characteristics are not authorized and shall not be purchased: letter stock and other unregistered securities, direct commodities or commodity contracts, or private placements (with the exception of Rule 144A securities).

Further, derivatives, options, or futures for the sole purpose of direct portfolio leveraging are prohibited. Direct/physical ownership of real estate, natural resource properties such as oil, gas or timber and the purchase of collectibles is also prohibited.

Safekeeping
All assets of the Trust shall be held by a custodian approved by the Board for safekeeping of Trust assets. The custodian shall produce statements on a monthly basis, listing the name and value of all assets held, and the dates and nature of all transactions in accordance with the terms in the Trust Agreement.

Investments of the Trust not held as liquidity or investment reserves shall, at all times, be invested in interest-bearing accounts. Investments and portfolio securities may not be loaned.

4.8 Control Procedures

4.8.1 Review of Investment Objectives: The Advisor shall review annually and report to the Board the appropriateness of this Policy Statement for achieving the Trust’s stated objectives. It is not expected that this Policy Statement will change frequently. In particular, short-term changes in the financial markets should not require an adjustment in this Policy Statement.
12

4.8.2 Review of Investment Performance: The Advisor shall report on a quarterly basis to the Board to review the investment performance of the Trust. In addition, the Advisor will be responsible for keeping the Board advised of any material change in investment strategy, Managers, and other pertinent information potentially affecting performance of the Trust.

The Advisor shall compare the investment results on a quarterly basis to appropriate peer universe benchmarks, as well as market indices in both equity and fixed income markets. Examples of benchmarks and indexes that will be used include the Russell 3000 Index for broad U.S. equity strategies; S&P 500 Index for large cap U.S. equities, Russell 2000 Index for small cap U.S. equities, MSCI ACWI ex-U.S. Index for broad based non-U.S. equity strategies, MSCI Europe, Australasia, and Far East (EAFE) Index for developed markets international equities, Bloomberg US Aggregate Bond Index for fixed income securities, and the U.S. 91 Day T-bill for cash equivalents. The Russell 3000 Index will be used to benchmark the U.S. equities portfolio; the MSCI ACWI exU.S. Index will be used to benchmark the non-U.S. equities portfolio; the Bloomberg US Aggregate Bond Index will be used to benchmark the fixed income portfolio. The categories “Other” will be benchmarked against appropriate indices depending on the specific characteristics of the strategies and funds used.

4.8.3 Voting of Proxies: The Board recognizes that proxies are a significant and valuable tool in corporate governance. The voting rights of individual stocks held in separate accounts or collective, common, or pooled funds will be exercised by the investment managers in accordance with their own proxy voting policies. The voting rights of funds will be exercised by the Advisor.

5.0 DEFINITIONS:

None

6.0 PROCEDURE:

6.1 Investment Performance Review, Reporting and Evaluation:

6.1.1 Investment Advisory Committee: The City Investment Advisory Committee will review the investment results of the investment managers at least semiannually. Performance comparisons will be made against a representative performance universe and the performance objectives set forth in this policy statement.

6.1.2 Review of Strategy: The City Investment Advisory Committee, with the assistance of the investment consultant shall periodically review the qualitative developments of each investment. This evaluation should include: Changes in ownership, personnel turnover, adherence to investment style and philosophy, 13

and any other qualities the City Investment Advisory Committee deem appropriate. This review should also include an assessment as to each investment manager operated within the Investment Policy scope.

6.1.3 Reporting: The quarterly investment report will include the assets held in the Pension Trust, the allocation percentages, and the quarterly return. Information as to the quarterly disbursements will be included in the report and whether minimum liquidity requirements are met.

6.2 Use of Pension Trust Fund: Withdrawals will be recommended by the City Manager or designee and reviewed by the Investment Advisory Committee. Once approval from the Investment Advisory Committee has been received, it will be added as a City Council Agenda Item for approval. Funds as allowed by the Trust may be used for any of the following purposes:
 City’s annual UAL payment to CalPERS
 City’s annual normal cost payment to CalPERS
 Reimbursement to the City for CalPERS pension costs
 Additional Discretionary Payments to CalPERS
 City’s annual UAL payment to City of San Clemente Employee Retirement Plan (CSCERP)

6.3 Internal Control: In conjunction with the City’s independent annual financial audit, a review of actual and documented internal controls of the City’s investment program will be coordinated by the Investment Advisory Committee. The review will assure that internal controls are adequate and assure compliance with policies and procedures. Any deviations resulting from this review will be reported to the Investment Advisory Committee.

6.4 Policy Changes: The investment consultant shall advise the City Investment Advisory Committee of any restrictions within this Investment Policy which may prevent the investment manager(s)/consultant from achieving the objectives and goals set forth herein. Any violation of the investment guidelines or other sections of this Investment Policy discovered by the investment consultant in the preparation of its regular performance review shall be reported immediately to the City Investment Advisory Committee and discussed at their next regularly scheduled meeting.

6.5 Review and Revisions: The City Investment Advisory Committee has the ability to amend the Section 115 Pension Investment Policy as necessary to comply with changes in federal and/or state law as these changes affect the investment of the Fund’s assets and such changes shall be reported to the City Council. This policy will be reviewed on an annual basis by the City Investment Advisory Committee and any revisions or modifications made thereto recommended by the Committee and approved by the City Council. Invested funds in should have ample liquidity to meet any operational needs as determined by the Investment Advisory Committee.
14 910 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: June 17, 2025 Agenda Item: 10D.

Submitted By: Finance and Administrative Services
Prepared By: Charlie Smith, City Treasurer
Brian Brower, Chief Administrative Officer
Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO SELECT PUBLIC AGENCY RETIREMENT SERVICES (PARS) AS THE CITY’S SECTION 115 PENSION INVESTMENT TRUST

ADMINISTRATOR AND IMPLEMENT AN INVESTMENT STRATEGY ACCORDING TO THE RECOMMENDATIONS OF THE INVESTMENT ADVISORY COMMITTEE ..body Fiscal Impact:

Approximately $1.18 million is available in the FY 2024-25 Budget for funding of the Section 115 Trust.

Summary:

At the Investment Advisory Committee (IAC) Special Meeting on May 27, 2025, the IAC unanimously agreed to recommend City Council approve Public Agency Retirement Services (PARS) to administer the City’s Section 115 Pension Investment Trust Fund (115 Trust) and has recommended the Capital Appreciation portfolio within the Tactical Management investment strategy.

Background:

In 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68, which requires that governmental employers that sponsor Defined Benefit plans (i.e., CalPERS) must recognize a net pension liability (unfunded accrued liability) on their balance sheet. This represents the difference between the City’s total pension liability (actuarial accrued liability) and actual plan assets. GASB 68 became effective for fiscal years starting after June 15, 2014.

To reduce the GASB 68 net pension liability figure, the City’s only prior option was to commit additional funds to CalPERS (in excess of its annual required contributions) to reduce its unfunded liability. However, the IRS established that the City could create a separate trust to "pre-fund" its CalPERS unfunded liability. This would provide the City with an alternative to sending funds to CalPERS that will allow for greater local control over assets, with future excess contributions transferred to CalPERS at the City's discretion. The 115 Trust permits the City, under federal and state law, to invest in a diversified array of investments to maximize long term investment returns.

During the Long-term Financial plan on February 28, 2023, City Council reserved funds to be used toward the payment of the unfunded accrued pension liability. This amount was budgeted for $1.18 million in the Fiscal Year 2023-24 Budget. Since then, the IAC has reviewed and discussed several options: PARS (Public Agency Retirement Services), CalPERS (California 1 Meeting Date: June 17, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE
Public Employees’ Retirement System), and the possibility of the City establishing its’ own Trust.

After careful consideration, the IAC is recommending the 115 Trust be administered by PARS, under the direction of the City Treasurer with the support of the IAC. PARS administers a multiagency trust, with many municipalities participating throughout California.

Within PARS, the City has an option of both Index-based and Managed Tactical investment strategies, each with several portfolios of varying investment allocation and risk tolerance. The Managed Tactical Strategy offers Conservative, Moderately Conservative, Moderate, Balanced, and Capital Appreciation portfolios, which are tailored to meet the needs of an organization with regard to risk tolerance and financial goals. The IAC is recommending the Tactical Management Strategy, with a Capital Appreciation portfolio/risk tolerance. It is important to note that once selected, the City is not locked into a particular investment strategy. PARS allows flexibility for the City to move to a different portfolio, should the City choose to refine the investment strategy.

Approximately $1.18 million was appropriated in the FY 2023-24 Budget for payment of the unfunded accrued pension obligation. These funds were carried forward into the FY 2024-25 Budget and are available to provide preliminary funding of the 115 Trust.

Council Options:
 Adopt Resolution No. 25-86 which will establish PARS as the City’s Section 115 Pension Investment Trust Administrator and Implement an Investment Strategy according to the recommendations of the Investment Advisory Committee.
 Modify and Adopt Resolution No. 25-86.
 Continue the item with direction given to staff.
 Decline to Adopt Section 115 Pension Investment Policy.

Environmental Review/Analysis:

Not a “project” pursuant to the California Environmental Quality Act (CEQA).

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 25-86, which would:

1. Authorize the City Treasurer to execute the agreement between the City of San Clemente and Public Agency Retirement Services (PARS) to administer the City’s Section 115 Pension Investment Trust Fund (115 Trust); and

2. Approve the IAC recommendation to select the Capital Appreciation portfolio within the Tactical Management investment strategy; and

3. Authorize the preliminarily funding of the 115 Trust in the amount of $1.18 million from General Fund account number 001-203-48630; and
2 Meeting Date: June 17, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE

4. Authorize and direct staff to take such other and further actions and execute such other and further documents as may be necessary to accomplish the purposes of this resolution. ..end
Attachment:

1. Resolution No. 25-86

2. PARS Trust Agreement dated Nov 5, 2014

3. Draft Agreement for Administrative Services

4. Sample Adoption Agreement

5. Sample Trustee Investment Management Fee Schedule

6. Sample Authorized Signers Form

7. Sample Investment Strategy Selection and Disclosure Form Notification:

None.
3 Attachment 1
RESOLUTION NO. 25-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, SELECTING PUBLIC
AGENCY RETIREMENT SERVICES AS THE CITY’S
SECTION 115 PENSION TRUST ADMINISTRATOR,

IMPLEMENTING AN INVESTMENT STRATEGY

ACCORING TO THE RECOMMENDATIONS OF THE

INVESTMENT ADVISORY COMMITTEE, AND FUNDING
THE TRUST WITH $1.18 MILLION FROM THE GENERAL
FUND
WHEREAS, the Government Accounting Standards Board (GASB) issued Statement No. 68, requiring governmental employers that sponsor Defined Benefit plans to recognize a net pension liability (unfunded accrued liability) on their balance sheet; and WHEREAS, to reduce the GASB 68 net pension liability figure, the City can create a separate trust to "pre-fund" its pension unfunded accrued liability; and WHEREAS, funding a Section 115 Trust will set aside funds to address the pension unfunded accrued liability, while providing the City with greater local control over assets, with future contributions transferred to pension systems at the City's discretion; and WHEREAS, during the Long-term Financial Plan workshop on February 28, 2023, the City Council reserved funds to be used toward the payment of the unfunded accrued pension liability and the amount of $1.2 million was included in the Fiscal Year 2023-24 Budget; and
WHEREAS, the Investment Advisory Committee (IAC) has reviewed and discussed several options for the administration and investment strategy of the Section 115 Trust; and
WHEREAS, after careful consideration, the IAC is recommending the Section 115 Trust be administered by Public Agency Retirement Services (PARS), under the direction of the City Treasurer with the support of the IAC; and WHEREAS, within PARS, the City has an option of both Index-based and Managed Tactical investment strategies, each with several portfolios of varying investment allocation and risk tolerance; and
WHEREAS, the IAC is recommending the Capital Appreciation portfolio within Tactical Management Strategy; and
WHEREAS, the adoption and operation of the Program has no effect on any current or former employee’s entitlement to post-employment benefits; and 4 Resolution No. 25-86 Page 2
WHEREAS, the City’s funding of the Section 115 Trust does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and
WHEREAS, the City reserves the right to make contributions, if any, to the Program.

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

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

SECTION 2. That the City Council hereby appoints the City Treasurer, as the City’s Plan Administrator for the Program.

SECTION 3. That the City Council hereby approves Public Agency Retirement Services (PARS) to serve as the Trust Administer of the City’s Section 115 Pension Investment Trust Fund (115 Trust).

SECTION 4. The City’s Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s 115 Trust Program.

SECTION 5. The Section 115 Trust will be preliminarily funded in the amount of $1.18 million from General Fund account number 001-203-48630.

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

PASSED AND ADOPTED this day of , 2025.

ATTEST:

CITY CLERK of the City of Steve Knoblock, Mayor of
San Clemente, California the City of San Clemente,
California
5 Resolution No. 25-86 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-86 was adopted at a regular meeting of the City Council of the City of San Clemente held on day of 2025, 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
6 Attachment 2
7 PUBLIC AGENCIES

POST-EMPLOYMENT BENEFITS

TRUST AGREEMENT
(Effective November 5, 2014)
8 ARTICLE I

DEFINITIONS

1.1 "Adoption Agreement" shall have the meaning given to such term in Section 2.3.

1.2 "Agency Account" shall have the meaning given to such term in Section 2.4.

1.3 "Agreement for Administrative Services" shall mean the agreement executed between the Employer and the Trust Administrator which authorizes the Trust Administrator to perfonn specific duties of administering the Agency Account of the Employer.

1.4 "Assets" shall have the meaning given to such term in Section 2.5.

1.5 "Code" shall mean the Internal Revenue Code of 1986 as amended from time to time.

1.6 "Delegatee" shall mean an individual or entity, appointed by the Plan Administrator or Employer to act in such matters as are specified in the appointment.

1. 7 "Effective Date" shall mean the date first written above, the date the Trust was established, and with respect to each Employer, the Effective Date shall be the date on which the Employer executes the Adoption Agreement.

1.8 "Eligible Beneficiary" shall mean any person who, due to his or her relationship to an Eligible Employee, is entitled to post-employment benefits pursuant to the Employer's Pension Plan or OPEB Plan, including but not limited to the Eligible Employee's current or former spouse or domestic partner, child, dependent, or survivor.

1.9 "Eligible Employee" shall mean any employee of an Employer who is entitled to post-employment benefits pursuant to the Employer's Pension Plan or OPEB Plan. Unless the context otherwise requires, the tenn "Eligible Employee" as used herein shall include any Eligible Beneficiaries.

1.10 "Employer" shall mean a public agency that executes the Adoption Agreement, thereby adopting the provisions of this Trust Agreement, provided that such agency is a state, a political subdivision of a state, or an entity the income of which is excludible from gross income under Section 115 of the Code.

1.11 "GASB" shall mean the Governmental Accounting Standards Board.

1.12 "Omnibus Account" shall mean an account, established for record keeping purposes only, to aggregate the balances of the Assets credited to the Agency Accounts. The Trust Administrator shall maintain and reconcile, at the Agency Account level (and subaccount level), the investments of the Agency Accounts

9 and will provide reports to the Plan Administrator with respect to such investments. The Trustee will maintain a record of the aggregate balance (principal and earnings) for all Agency Accounts. The Trust Administrator will in the ordinary course of business maintain a record of the name, address, taxpayer identification number, account number and amount of funds, including earnings, of each Employer. On periodic valuation dates (no less frequently than monthly) to be established by the Trust Administrator, the Trustee and Trust Administrator will reconcile the aggregate balance infonnation maintained by the Trustee with the Agency Account level records maintained by the Trust Administrator pursuant to this Trust Agreement.

1.13 "OPEB" shall mean "other post-employment benefits," such as medical, dental, vision, life insurance, long-term care and other similar benefits provided to retirees, other than pension benefits.

1.14 "OPEB Obligation" shall mean an Employer's obligation to provide OPEB to its Eligible Employees in accordance with the Employer's OPEB Plan.

1.15 "OPEB Plan" shall mean the Public Agencies Post-Employment Health Care Plan, as adopted by the Employer under the Adoption Agreement.

1.16 "Pension Obligation" shall mean an Employer's obligation to contribute to the Pension Plan's Qualified Trust and shall not, for example, mean an Employer's Obligation to provide retirement benefits under the Pension Plan to the Empl~yer's Eligible Employees.

1.17 "Pension Plan" shall mean an Employer's defined-benefit pension plan or plans, each of which is (i) qualified under Section 401(a) of the Code, (ii) sponsored by the Employer in order to provide retirement benefits to its Eligible Employees, and (iii) partly or wholly funded by the Employer's contributions to a Qualified Trust.

1.18 "Plan Administrator" shall mean the individual designated by pos1t10n of employment at the Employer to act on its behalf in all matters relating to the Employer's participation in the Trust.

1.19 "Qualified Trust" shall mean a trust which (i) is separate and apart from the Trust, (ii) constitutes a qualified trust under Code Section 401(a), and (iii) funds retirement benefits provided under an Employer's Pension Plan to the Employer's Eligible Employees.

1.20 "Trust" shall mean the Public Agencies Post-Employment Benefits tiust arrangement.

1.21 "Trust Administrator" shall mean Public Agency Retirement Services or any successor trust administrator appointed by the Employers as provided herein. The Trust Administrator shall serve as trust administrator to the Trust established

10 pursuant to this Trust Agreement until such Trust Administrator resigns or is removed as provided in Article III.

1.22 "Trust Agreement" shall mean this Public Agencies Post-Employment Benefits trust document adopted by each Employer upon execution of an Adoption Agreement, as amended from time to time.

1.23 "Trustee" shall mean U.S. Bank National Association, or any successor trustee appointed by the Employers as provided herein. The Trustee shall serve as trustee of the Trust established pursuant to the provisions of this Trust Agreement until such Trustee resigns or is removed as provided in Article III.

ARTICLE II

THE TRUST

2.1 · Multiple Employer Trust
The Trust is a multiple employer trust arrangement established to provide economies of scale and efficiency of administration to public agencies that adopt it to hold the assets used to fund the agency's OPEB Obligation or Pension Obligation or both. The Trust is divided into Agency Accounts to hold the Assets of each Employer as described in Section 2.4.

2.2 Purpose
The Trust is established with the intention that it qualify as a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Code and any regulations issued thereunder and as a tax-exempt trust under the provisions of the relevant state's statutory provisions of each Employer. This Trust Agreement shall be construed and the Trust shall be administered in a manner consistent with such intention. The fundamental purpose of the Trust is to fund the Employer's OPEB Obligation or Pension Obligation or both. It is intended that adopting Employers retain an interest in the underlying securities held in the Trust on their behalf, rather than in the Trust itself.

The Employer hereby represents and warrants that the assets held hereunder (including the Assets) are not assets of any qualified plan under Code Section 40l(a), regardless of the character of such assets once distributed. The Employer hereby acknowledges that the Trust does not constitute a qualified trust under Code Section 401(a).

2.3 Employers
Any public agency may, by action of its governing body in writing accepted by the Trustee, adopt the provisions of the Trust Agreement. Executing an adoption instrument for the Trust ("Adoption Agreement"), in the form attached hereto as Exhibit "A11 (or such other form as may be approved by the Trustee), shall

11 constitute such adoption, unless the Trustee requires additional evidence of adoption. In order for such adoption to be effective, the public agency must also execute an Agreement for Administrative Services with Public Agency Retirement Services, the Trust Administrator, pursuant to Section 3.6 of this Trust Agreement. Such adopting Employer shall then become an Employer of the Trust.

Each such Employer shall, at a minimum, furnish the Trust Administrator with the following documents to support its adoption of the Trust:
(a) a certified copy of the resolution(s) of the governing body of the Employer authorizing the adoption of the Trust Agreement and the appointment of the Plan Administrator for such Employer;
(b) an original of the Adoption Agreement executed by the Plan Administrator or other duly authorized Employer employee;
(c) an original of the Agreement for Administrative Services with Public Agency Retirement Services executed by the Plan Administrator or other duly authorized Employer employee and Public Agency Retirement Services; ( d) an address notice; and
(e) such other documents as the Trustee may reasonably request. (f) Any action taken by the Plan Administrator for an Employer shall be deemed to have been taken by such Employer. Any notice given to or delivered by the Plan Administrator for an Employer shall be deemed to have been given to or delivered by such Employer.

2.4 Agency Accounts
(a) Upon an Employer's adopting the Trust Agreement, as provided in Section 2.3, a separate "Agency Account" shall be established under the Trust for that Employer, and all Assets of the Trust attributable to that Employer shall be held in that Employer's Agency Account.
(b) An Employer's Agency Account comprises three subaccounts: a "Pension Account", an "OPEB Account", and a "Suspense Account". The Assets of the Trust that are held in the Employer's Pension Account will be available only to fund the Employer's Pension Obligation and defray the reasonable expenses associated with the same. The Assets of the Trust that are held in the Employer's OPEB Account will be available only to fund the Employer's OPEB Obligation and defray the reasonable expenses associated with the same. (c) The Assets of the Trust that are held in an Employer's Agency Account shall not be available to pay any obligations incurred by any other Employer as provided in Section 2.8.

12 (d) All contributions and transfers received by the Trust on behalf of the Employer will be held in the Employer's Agency Account and will be allocated to the subaccounts under the Agency Account as follows:
(1) If the Employer maintains a Pension Account or OPEB Account (and not both a Pension Account and an OPEB Account), all contributions and transfers received by the Trust on the Employer's behalf will be allocated to that subaccount.
(2) If the Employer maintains both a Pension Account and an OPEB Account, contributions and transfers received by the Trust on the Employer's behalf will be allocated to either the Pension Account or OPEB Account, as directed by the Plan Administrator. To the extent the Plan Administrator does not provide such direction, the Employer hereby directs the Trustee to allocate such contributions and transfers to the Suspense Account and to use the assets of the Suspense Account to purchase a position in the sweep vehicle identified on an exhibit hereto or, if none is identified, to hold such assets un-invested. The Plan Administrator may at any time direct the reallocation of cash from the Suspense Account to either the Pension Account or the OPEB Account. (3) Once allocated to the Pension Account or the OPEB Account, amounts under the Trust may not subsequently be transferred to the other subaccount.

2.5 Assets of Agency Account
The assets held in an Agency Account shall consist of all contributions and transfers received by the Trust on behalf of the Employer,· together with the income and earnings from such contributions and transfers, and any increments accming to the Agency Account, net of any investment losses, benefits, expenses or other costs ("Assets"). All contributions or transfers shall be received by the Trustee in cash or in other property acceptable to the Trustee. The Trustee shall manage and administer the Assets held in Agency Accounts without distinction between principal and income. The Trustee and the Trust Administrator shall have no duty to compute any amount to be transferred or paid to the Agency Account by the Employer, and the Trustee and the Trust Administrator shall not be responsible for the collection of any contributions or transfers to the Agency Account.

2.6 Aggregate Balance for Investment and Administration The balances of the Assets of more than one Agency Account may be aggregated by the Trustee in one or more Omnibus Accounts for investment and administrative purposes, to provide economies of scale and efficiency of administration to the Agency Accounts. The responsibility for Agency Account level accounting (including subaccount-level accounting within each Agency Account) within this Omnibus Account(s) shall be that of the Trnst Administrator.

13 2.7 Trustee Accounting
The Trustee shall be responsible only for maintaining records and maintaining accounts for the aggregate assets of the Trust. The responsibility for accounting and subaccounting for each Agency Account, based upon the Omnibus Account(s), shall be that of the Trust Administrator.

2.8 No Diversion of Assets
The Assets in each Employer's Agency Account shall be held in trust for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same. The Assets in each Agency Account shall not be used for or diverted to, any other purpose, including, but not limited to, the satisfaction of any other Employer's Pension Obligation or OPEB Obligation.

2.9 Type and N aturc of Trust
Neither the full faith and credit nor the taxing power of each Employer is pledged to the distribution of amounts hereunder. Except for contributions and other amounts hereunder, no other amounts are pledged to the distribution of benefits hereunder. Distributions of benefits are neither general nor special obligations of any Employer, but are payable solely from the Assets held in such Employer's Agency Account, as more fully described herein. No employee of any Employer or beneficiary may compel the exercise of the taxing power by any Employer.

Distributions of Assets from any Agency Account are not debts of any Employer within the meaning of any constitutional or statutory limitation or restriction.

Such distributions are not legal or equitable pledges, charges, liens or encumbrances, upon any of an Employer's property, or upon any of its income, receipts, or revenues, except amounts in the accounts which are, under the terms of each Plan and the Trust set aside for distributions. Neither the members of the governing body of any Employer nor its officers, employees, agents or volunteers are liable hereunder.

2.10 Loss of Tax-Exempt Status as to Any Employer
If any Employer participating in the Trust receives notice from the Internal Revenue Service that the Trust as to such Employer fails to satisfy the requirements of Section 115 of the Code, or if any Employer consents to the Internal Revenue Service's determination that the Trust fails to meet such requirements, Assets having a value equal to the funds then held in such Employer's Agency Account shall be segregated and placed in a separate trust by the Trustee for the exclusive benefit of such Employer's Eligible Employees within a reasonable time after the Trust Administrator notifies the Trustee of the Internal Revenue Service's determination. Each Employer participating in the Trust agrees to immediately notify the Trust Administrator upon receiving such

14 notice or giving such consent. TI1e separate trust provided for in this Section 2.10 shall thereafter be considered as a separate trust containing all of the provisions of this Trust Agreement until terminated as provided in this Trust Agreement.

ARTICLE III

ADMINISTRATIVE MATTERS

3.1 Appointment of Trustee
The Employers may, with the approval of two-thirds (2/3) or more of the Employers then participating in the Trust, act to appoint a bank, trust company, retirement board, insurer, committee or such other entity as permitted by law, to serve as the trustee of this Trust. Such action must be in writing. Upon the written acceptance of such entity it shall become the Trustee of the Trust. If the Trustee is removed or resigns pursuant to Section 3 .2, the Employers shall appoint a successor Trustee in accordance with the voting requirements set forth in this Section 3.1.

3.2 Resignation or Removal of Trustee
The Employers may act to remove the Trustee, provided that such action must satisfy the voting requirements set forth in Section 3 .1 and notice of such action must be promptly delivered to the Trust Administrator, the Trustee and each Plan Administrator. The Trustee may also resign at any time by giving at least ninety (90) days prior written notice to the Trust Administrator and to the Plan Administrator of each Employer that has adopted the Trust Agreement and not terminated its participation in the Trust; provided, however, that the Trustee may resign immediately upon the earlier of the approval date or the effective date of any amendment of the Trust Agreement by the Employers that would change or modify the duties, powers or liabilities of the Trustee hereunder without the Trustee's consent. The Trustee shall, upon the appointment and acceptance of a successor trustee, transfer and deliver the Assets and all records relating to the Trust to the successor, after reserving such reasonable amount as it shall deem necessary to provide for its fees and expenses and any sums chargeable against the Trust for which it may be liable. The Trustee shall do all acts necessary to vest title of record in the successor trustee.

3.3 Withdrawal of Employer
An Employer may elect to withdraw from the Trust by giving at least thirty (30) days prior written notice to the Trustee and the Trust Administrator. If an Employer so elects to withdraw, Assets having a value equal to the funds held in such Employer's Agency Account shall be segregated by the Trustee and, as soon as practicable, shall be transferred to one or more trusts maintained by the Employer, provided that (i) for Assets transferred from the OPEB Account, any such trust shall satisfy the requirements of Section 115 of the Code, (ii) for Assets

15 transferred from the Pension Account, any such trust shall satisfy the requirements of either Section 115 or 401(a) of the Code, and (iii) all assets held by any such trust and previously held in the Employer's Pension Account or OPEB Account shall qualify as "plan assets" within the meaning of GASB Statement No. 68 (Accounting and Financial Reporting for Pensions~An Amendment of GASB Statement No. 27) or GASB Statement No. 45 (Accounting and Financial Reporting by Employers for Postemployrnent Benefits Other Than Pensions), respectively, in each case as reasonably determined by the Employer and certified in writing by the Employer to the Trust Administrator. The Employer shall appoint a trustee for such Employer's separate trust and, upon the trustee's acceptance of that appointment, the trustee will be vested with title to the transferred Assets.

3.4 The Plan Administrator
The governing body of each Employer shall have plenary authority for the administration and investment of such Employer's Agency Account pursuant to any applicable state laws and applicable federal laws and regulations. Each Employer shall by resolution designate a Plan Administrator. Unless otherwise specified in the instrument the Plan Administrator shall be deemed to have authority to act on behalf of the Employer in all matters pertaining to the Employer's participation in the Trust and in regard to the Agency Account of the Employer. Such appointment of a Plan Administrator shall be effective upon receipt and acknowledgment by the Trustee and the Trust Administrator and shall be effective until the Trustee and the Trust Administrator are furnished with a resolution of the Employer that the appointment has been modified or terminated.

3.5 Failure to Appoint Plan Administrator
If a Plan Administrator is not appointed, or such appointment lapses, the Employer shall be deemed to be the Plan Administrator. As used in this document the term "Plan Administrator" shall be deemed to mean "Employer" when a Plan Administrator has not been appointed for such Employer.

3.6 Delegatee
The Plan Administrator, acting on behalf of the Employer, may delegate certain authority, powers and duties to a Delegatee to act in those matters specified in the delegation. Any such delegation must be in a writing that names and identifies the Delegatee, states the effective date of the delegation, specifies the authority and duties delegated, is executed by the Plan Administrator, is acknowledged in writing by the Delegatee, and is certified as required in Section 3. 7 to the Trust Administrator. Such delegation shall be effective until the Trustee and the Trust Administrator are directed in writing by the Plan Administrator that the delegation has been rescinded or modified.

16 3.7 Certification to Trustee
The governing body of each Employer, or other duly authorized official, shall certify in writing to the Trustee and the Trust Administrator the names and specimen signatures of the Plan Administrator and Delegatee, if any, and all others authorized to act on behalf of the Employer whose names and specimen signatures shall be kept accurate by the Employer acting through a duly authorized officer or governing body of the Employer. The Trustee and the Trust Administrator shall have no liability if they act upon the direction of a Plan Administrator or Delegatee that has been duly authorized, as provided in Section 3 .6, if that Plan Administrator or Delegatee is no longer authorized to act, unless the Employer has informed the Trustee and the Trust Administrator of such change.

3.8 Directions to Trustee
All directions to the Tmstee from the Plan Administrator or Delegatee must be in writing and must be signed by the Plan Administrator or Delegatee, as the case may be. For all purposes of this Trust Agreement, direction shall include any certification, notice, authorization, application or instruction of the Plan Administrator, Delegatee or Tmstee appropriately communicated. The above notwithstanding, direction may be implied if the Plan Administrator or Delegatee has knowledge of the Trustee's intentions and fails to file written objection.

The Trustee shall have the power and duty to comply promptly with all proper directions of the Plan Administrator or Delegatee, appointed in accordance with the provisions of this Trust Agreement. In the case of any direction deemed by the Trustee to be unclear or ambiguous the Trustee may seek written instructions from the Plan Administrator, the Employer or the Delegatee on such matter and await their written instructions without incurring any liability. If at any time the Plan Administrator or the Delegatee should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of the Trust and/or the applicable Agency Account which may include not taking any action. The Trustee may request directions or clarification of directions received and may delay acting until clarification is received. In the absence of timely direction or clarification, or if the Trustee considers any direction to be a violation of the Trust Agreement or any applicable law, the Trustee shall in its sole discretion take appropriate action, or refuse to act upon a direction.

3.9 Appointment of Trust Administrator
The Employers may, with the approval of two-thirds (2/3) or more of the Employers then participating in the Trust, act to appoint a bank, trust company, retirement board, insurer, committee or such other entity as permitted by law, to serve as Trust Administrator of the Trust. Such action must be in writing. Upon the written acceptance of such entity it shall become the Trust Administrator of

17 the Trust. If the Trust Administrator is removed or resigns pursuant to Section 3 .13, the Employers shall appoint a successor Trust Administrator in accordance with the voting requirements set forth in this Section 3.9.

3.10 Trust Administrator
The Trust Administrator's duties involve the performance of the following services pursuant to the provisions of this Trust Agreement and the Agreement for Administrative Services:
(a) Performing periodic accounting of each Agency Account (including subaccount-level accounting within each Agency Account) and reconciling such Agency Account balances with the Trust/Omnibus Account; (b) Directing the Trustee to make distributions from the appropriate subaccount under an Agency Account in accordance with Section 5.9. (c) Allocating contributions, earnings and expenses to each Agency Account and the underlying subaccounts;
( d) Directing the Trustee to pay the fees of the Trust Administrator and to do such other acts as shall be appropriate to carry out the intent of the Trust; (e) Such other services as the Employer and the Trust Administrator may agree in the Agreement for Administrative Services pursuant to Section 2.3.

The Trust Administrator shall be entitled to rely on, and shall be under no duty to question, any direction and/or data received from the Plan Administrator, or other duly authorized entity, in order to perform its authorized duties under this Trust Agreement. The Trust Administrator shall not have any duty to compute contributions made to the Trust, determine or inquire whether contributions made to the Trust by the Plan Administrator or other duly authorized entity are adequate to meet an Employer's Pension Obligation or OPEB Obligation as may be detennined under any applicable GASB pronouncement; or determine or inquire whether contributions made to the Trust are in compliance with the Employer's OPEB Plan or Pension Plan. The Trust Administrator shall not be liable fix nonperformance of duties if such nonperformance is directly caused by erroneous, and/or late delivery of, directions or data from the Plan Administrator, or other duly authorized entity.

3.11 Additional Trust Administrator Services
The Plan Administrator may at any time retain the Trust Administrator as its agent to perform any act, keep any records or accounts and make any computations which are required of the Employer or the Plan Administrator by this Trust Agreement or by the Employer's policies and/or applicable collective bargaining agreements. The Trust Administrator shall be separately compensated

18 for such service and such services shall not be deemed to be contrary to the Trust Agreement.

3.12 Trust Administrator's Compensation
As may be agreed upon from time to time by the Employer and Trust Administrator, the Trust Administrator will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the perfonnance of duties with respect to such Employer's Agency Account and to the Trust.

3.13 Resignation or Removal of Trust Administrator
The Employers may act to remove the Trust Administrator, provided that such action must satisfy the voting requirements set forth in Section 3.9 and notice of such action must be promptly delivered to the Trust Administrator, the Trustee and each Plan Administrator. The Trust Administrator may also resign at any time by giving at least one hundred and twenty (120) days prior written notice to the Trustee and to the Plan Administrator of each Employer that has adopted the Trust Agreement and not terminated its participation in the Trust; provided, however, that the Trust Administrator may resign immediately upon the earlier of the approval date or the effective date of any amendment of the Trust Agreement by the Employers that would change or modify the duties, powers or liabilities of the Trust Administrator hereunder without the Trust Administrator's consent.

The Trust Administrator shall, upon the appointment and acceptance of a successor trust administrator, transfer all records relating to the Trust to the successor.

ARTICLE IV

THE TRUSTEE

4.1 Powers and Duties of the Trustee
Except as otherwise provided in Article V and subject to Article VI, the Trustee shall have full power and authority with respect to property held in the Trust to do all such acts, take all proceedings, and exercise all such rights and privileges, whether specifically referred to or not in this document, as could be done, taken or exercised by the absolute owner, including, without limitation, the following:
(a) To invest and reinvest the Assets or any part hereof in any one or more kind, type, class, item or parcel of property, real, personal or mixed, tangible or intangible; or in any one or more kind, type, class, item or issue of investment or security; or in any one or more kind, type, class or item of obligation, secured or unsecured; or in any combination of them (including those issued by the Trustee of any of its affiliates, to the extent permitted by applicable law), and to retain the property for the period of time that the Trustee deems appropriate;

19 (b) To acquire and sell options to buy securities ('1cal111 options) and to acquire and sell options to sell securities (''put" options);
(c) To buy, sell, assign, transfer, acquire, loan, lease (for any purpose, including mineral leases), exchange and in any other manner to acquire, manage, deal with and dispose of all or any part of the Trust property, for cash or credit and upon any reasonable terms and conditions;
( d) To make deposits, with any bank or savings and loan institution, including any such facility of the Trustee or an affiliate thereof provided that the deposit bears a reasonable rate of interest;
( e) To invest and reinvest the Assets, or any part thereof in any one or more collective investment trust fonds, including common and group trust funds that consist exclusively of assets of exempt pension and profit sharing trusts and individual retirement accounts qualified and tax exempt under the Code, that are maintained by the Trustee or an affiliate thereof. The declaration of trust or plan of operations for any such common or collective fund is hereby incorporated herein and adopted into this Trust Agreement by this reference. The combining of money and other assets of the Trust with money and other assets of other nonqualified trusts in such fund or fonds is specifically authorized. Notwithstanding anything to the contrary in this Trust Agreement, the Trustee shall have fol] investment responsibility over Assets of the Trust invested in such commingled funds. If the plan and trust for any reason lose their tax exempt status, and the Assets have been commingled with assets of other tax exempt trusts in Trustee's collective investment fonds, the Trustee shall within 3 0 days of notice of such loss of tax exempt status, liquidate the Trust1s units of the collective investment fond( s) and invest the proceeds in a money market fund pending investment or other instructions from the Plan Administrator. The Trustee shall not be liable for any loss or gain or taxes, if any, resulting from said liquidation; (f) To place uninvested cash and cash awaiting distribution in one or more mutual funds and/or commingled investment fonds maintained by or made available by the Trustee or any of its affiliates, and to receive compensation from the sponsor of such fond(s) for services rendered, separate and apart from any Trustee's fees hereunder. The Trustee or its affiliate may also be compensated for providing investment advisory services to any mutual fund or commingled investment funds;
(g) To borrow money for the purposes of the Trust from any source with or without giving security; to pay interest; to issue promissory notes and to secure the repayment thereof by pledging all or any part of the Assets; (h) To take all of the following actions: to vote proxies of any stocks, bonds or other securities; to give general or special proxies or powers of attorney with or

20 without power of substitution; to exercise any conversion privileges, subscription rights or other options, and to make any payments incidental thereto; to consent to or otherwise participate in co!porate reorganizations or other changes affecting CO!JJOrate securities and to delegate discretionary powers and to pay any assessments or charges in connection therewith; and generally to exercise any of the powers of an owner with respect to stocks, bonds, securities or other property held in the Trust;
(i) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(j) To raze or move existing buildings; to make ordinary or extraordinary repairs, alterations or additions in and to buildings; to construct buildings and other structures and to install fixtures and equipment therein; (k) To pay or cause to be paid from the Trust any and all real or personal property taxes, income taxes or other taxes or assessments of any or all kinds levied or assessed upon or with respect to the Trust;
(1) To exercise all the further rights, powers, options and privileges granted, provided for, or vested in trustees generally under applicable federal or state laws, as amended from time to time, it being intended that, except as herein otherwise provided, the powers conferred upon the Trustee herein shall not be construed as being in limitation of any authority conferred by law, but shall be construed as consistent or in addition thereto.

4.2 Additional Trustee Powers
In addition to the other powers enumerated above, the Trustee in any and all events is authorized and empowered:
(a) To invest funds pending required directions in any type of interest-bearing account, including, without limitation, time certificates of deposit or interestbearing accounts issued by the Trustee, or any muhrnl fund or short te1m investment fund ("Fund"), whether sponsored or advised by the Trustee or any affiliate thereof); the Trustee or its affiliates may be compensated for providing such investment advice and providing other service to such Fund, in addition to any Trustee's fees received pursuant to this Trust Agreement; (b) To cause all or any part of the Trust to be held in the name of the Trustee (which in such instance need not disclose its fiduciary capacity) or, as permitted by law, in the name of any nominee, and to acquire for the Trust any investment in bearer form, but the books and records of the Trust shall at all times show that all such investments are a part of the Trust and the Trustee shall hold evidences of title to all such investments;

21 (c) To serve as custodian with respect to the Trust Assets; (d) To employ such custodians, agents and counsel as may be reasonably necessary in managing and protecting the Assets and to pay them reasonable compensation from the Trust; to employ any broker-dealer or other agent, including any broker-dealer or other agent affiliated with the Trustee, and pay to such broker-dealer or other agent, at the expense of the Trust, its standard commissions or compensation; to settle, compromise or abandon all claims and demands in favor of or against the Trust; and to charge any premium on bonds purchased at par value to the principal of the Trust without amortization from the Trust, regardless of any law relating thereto;
( e) In addition to the powers listed herein, to do all other acts necessary or desirable for the proper administration of the Trust, as though the absolute owner thereof;
(t) To prosecute, compromise and defend lawsuits, but without obligation to do so, all at the risk and expense of the Trust; and to tender its defense to the Employer in any legal proceeding where the interests of the Trustee and the Employer are not adverse;
(g) To exercise and perform any and all of the other powers and duties specified in this Trust Agreement or the Plan;
(h) To permit such inspections of documents at the principal office of the Trustee as are required by law, subpoena or demand by a United States agency; (i) To comply with all requirements imposed by applicable provisions oflaw; (j) To seek written instructions from the Plan Administrator or other fiduciary on any matter and await their written instructions without incurring any liability.

If at any time the Plan Administrator or the fiduciary should fail to give directions to the Trustee, the Trustee may act in the manner that in its discretion seems advisable under the circumstances for carrying out the purposes of the Trust; (k) To compensate such executive, consultant, actuarial, accounting, investment, appraisal, administrative, clerical, secretarial, medical, custodial, depository and legal firms, personnel and other employees or assistants as are engaged by the Plan Administrator in connection with funding the Employer's OPEB Obligation or Pension Obligation or both and to pay from the Trust the necessary expenses of such firms, personnel and assistants, to the extent not paid by the Plan Administrator;

22 (1) To act upon proper w1itten directions of the Plan Administrator or Delegatee, including directions given by photostatic transmissions using facsimile signature, and such other forms of directions as the parties shall agree; (m) To pay from the Trust the expenses reasonably incurred m the administration of the Trust;
(n) To maintain insurance for such purposes, in such amounts and with such companies as the Plan Administrator shall elect, including insurance to cover liability or losses occurring by reason of the acts or omissions of fiduciaries but only if such insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by such fiduciary.

ARTICLEV

INVESTMENTS

5.1 Discretionary Versus Directed Investment
For the Pension Account and the OPEB Account under the Agency Account, the Employer shall elect either a discretionary or directed investment approach. The Employer may elect the same or different investment approaches for those two subaccounts. The Employer hereby elects a directed approach for the Suspense Account. If the Employer elects a discretionary investment approach for a subaccount, the Employer shall further elect between the various investment strategies offered and the Trustee, in accordance with Article IV, shall have absolute discretion over the investment of the Assets held in such subaccount under the Employer's Agency Account. If the Employer elects a directed investment approach for a subaccount, the Trustee shall direct the investment of the Assets of such subaccount under the Employer's Agency Account in accordance with the direction provided by such Employer.

5.2 Trustee Fees
As may be agreed upon, in w1iting, between the Plan Administrator and Tmstee, the Tmstee will be paid reasonable compensation for services rendered or reimbursed for expenses properly and actually incurred in the performance of duties with respect to the applicable Agency Account or the Trust.

5.3 Contributions
Eligible Employees are not permitted to make contributions to the Trnst. The Plan Administrator shall, on behalf of the Employer, make all contributions to the Trustee. Such contributions shall be in cash unless the Trustee agrees to accept a contribution that is not in cash. All contributions shall be paid to the Trustee for investment and reinvestment pursuant to the terms of this Trust Agreement. The Tmstee shall not have any duty to determine or inquire whether any contributions

23 to the Trust made to the Trustee by any Plan Administrator are in compliance with the Employer's Pension Plan or OPEB Plan; nor shall the Trustee have any duty or authority to compute any amount to be paid to the Trustee by any Plan Administrator; nor shall the Trustee be responsible for the collection or adequacy of the contributions to meet an Employer's Pension Obligation or OPEB Obligation. The contributions received by the Trustee from each Employer shall be held and administered pursuant to the terms hereof without distinction between income and principal.

5.4 Records
(a) The Trustee shall maintain accurate records and detailed accounts of all investments, receipts, disbursements and other transactions hereunder at the Trust level. Such records shall be available at all reasonable times for inspection by the Trust Administrator. The Trustee shall, at the direction of the Trust Administrator, submit such valuations, reports or other information as the Trust Administrator may reasonably require.
(b) The Assets of the Trust shall be valued at their fair market value on the date of valuation, as determined by the Trustee based upon such sources of information as it may deem reliable; provided, however, that the Plan Administrator shall instruct the Trustee as to valuation of assets which are not readily determinable on an established market. The Trustee may rely conclusively on such valuations provided by the Plan Administrator and shall be indemnified and held hannless by the Employer with respect to such reliance. If the Plan Administrator fails to provide such values, the Trustee may take whatever action it deems reasonable, including employment of attorneys, appraisers or other professionals, the expense of which will be an expense of administration of the Trust. Transactions in the account involving such hard to value assets may be postponed until appropriate valuations have been received and Trustee shall have no liability therefore.

5.5 Statements
(a) Periodically as specified, and within sixty days after December 31, or the end of the Trust's fiscal year if different, Trustee shall render to the Trust Administrator as directed, a written account showing in reasonable summary the investments, receipts, disbursements and other transactions engaged in by the Trustee during the preceding fiscal year or period with respect to the Trust. Such account shall set forth the assets and liabilities of the Trust valued as of the end of the accounting period.
(b) The Trust Administrator may approve such statements either by written notice or by failure to express objections to such statements by written notice delivered to the Trustee within 90 days from the date the statement is delivered to the Trust Administrator. Upon approval, the Trustee shall be released and discharged as to all matters and items set forth in such statement as if such

24 account had been settled and allowed by a decree from a court of competent jurisdiction.

5.6 Wire Transfers
The Trustee shall follow the Plan Administrator's, Delegatee's, or Trust Administrator's wire transfer instructions in compliance with the written security procedures provided by the party providing the wire transfers. The Trustee shall perform a telephonic verification to the Plan Administrator, Trust Administrator, or Delegatee, or such other security procedure as selected by the paiiy providing wire transfer directions, prior to wiring funds or following facsimile directions as Trustee may require. The Plan Administrator assumes the risk of delay of transfer if Trustee is unable to reach the Plan Administrator, or in the event of delay as a result of attempts to comply with any other security procedure selected by the directing party.

5. 7 Exclusive Benefit
The Assets of an Employer's Agency Account shall be held in trust for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same and shall not be used for or diverted to any other purpose. No party shall have authority to use or divert the Assets of an Agency Account of an Employer for the satisfaction of any other Employer's Pension Obligation or OPEB Obligation or any other Employer's expenses.

5.8 Delegation of Duties
The Plan Administrator, Delegatee, or Trust Administrator, may at any time retain the Trustee as its agent to perform any act, keep any records or accounts and make any computations that are required of the Plan Administrator, Delegatee or Trust Administrator by this Trust Agreement or by the Plan. The Trustee may be compensated for such retention and such retention shall not be deemed to be contrary to this Trust Agreement.

5.9 Distributions
(a) The Trustee shall, from time to time, upon the written direction of the Plan Administrator or Delegatee, make distributions from the Assets of the Trust under the OPEB Account to the insurers, third party administrators, service providers or other entities providing benefits or services under the OPEB Plan, or to Eligible Employees and Eligible Beneficiaries for reimbursement of OPEB Plan premiums (or other payments for OPEB Plan benefits) paid by the Eligible Employee or Eligible Beneficiary, or to the Employer for reimbursement of OPEB Plan benefits and expenses paid by the Employer, in such manner in such form(s), in such amounts and for such purposes as may be specified in such directions.

25 (b) In addition, the Trustee.shall, from time to time, upon the written direction of the Plan Administrator or Delegatee, make distributions from the Assets of the Trust under the Pension Account directly to (i) the Qualified Trust as employer contributions, (ii) any insurers, third party administrators, service providers or other entities providing services in connection with determining the Employer's Pension Obligation, or (iii) the Employer as reimbursement for the Employer's payment of amounts described in this Section 5 .9(b )(i) and (ii). (c) In no event shall the Trustee have any responsibility respecting the application of distributions from the Assets of the Trust, or for determining or inquiring into whether such distributions are in accordance with the Employer's OPEB Plan, Pension Plan, policies, or applicable collective bargaining agreements.

ARTICLE VI

FIDUCIARY RESPONSIBILITIES

6.1 More Than One Fiduciary Capacity
Any one or more of the fiduciaries with respect to the Trust Agreement or the Trust may, to the extent required thereby or as directed by the Plan Administrator pursuant to this Trust Agreement, serve in more than one fiduciary capacity with respect to the Trust Agreement and the Trust.

6.2 Fiduciary Discharge of Duties
Except as otherwise provided by applicable law, each fiduciary shall discharge such fiduciary's duties with respect to the Trust Agreement and the Trust:
(a) solely in the interest of the Eligible Employees and for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same; and (b) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like a1ms.

6.3 Limitations on Fiduciary Responsibility
To the extent allowed by the laws of the state of each Employer:

No fiduciary shall be liable with respect to a breach of fiduciary duty by any other fiduciary if such breach was committed before such party became a fiduciary or after such party ceased to be a fiduciary.

26 No fiduciary shall be liable for a breach by another fiduciary except as provided bylaw.

No fiduciary shall be liable for carrying out a proper direction from another fiduciary, including refraining from taking an action in the absence of a proper direction from the other fiduciary possessing the authority and responsibility to make such a direction, which direction the fiduciary in good faith believes to be authorized and appropriate.

6.4 Indemnification of Trustee by Employer
The Trustee shall not be liable for, and Employer shall (to the extent allowed by the laws of the state of each Employer) indemnify, defend (as set out in Section

6.8 of this Trust Agreement), and hold the Trustee (including its officers, agents, employees and attorneys) and other Employers hannless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Employer's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement.

6.5 Indemnification of Employer by Trustee
The Employer shall not be liable for, and Trustee shall ( to the extent allowed by the laws of the state of each Employer) indemnify, defend (as set out in Section

6.8 of this Trust Agreement), and hold the Employer (including its officers, agents, employees and attorneys) and other Employers harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement.

6.6 Indemnification of Trustee by Trust Administrator
The Trustee shall not be liable for, and Trust Administrator shall (to the extent allowed by the laws of the state of each Employer) indemnify and hold the Trustee (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trust Administrator's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement.

6.7 Indemnification of Trust Administrator by Trustee
The Trust Administrator shall not be liable for, and Trustee shall (to the extent allowed by the laws of the state of each Employer) indemnify and hold the Trust

27 Administrator (including its officers, agents, employees and attorneys) harmless from and against any claims, demands, loss, costs, expense or liability imposed on the indemnified party, including reasonable attorneys' fees and costs incurred by the indemnified party, arising as a result of Trustee's active or passive negligent act or omission or willful misconduct in the execution or performance of its duties under this Trust Agreement.

6.8 Indemnification Procedures
Promptly after receipt by an indemnified party of notice or receipt of a claim or the commencement of any action for which indemnification may be sought, the indemnified party will notify the indemnifying party in writing of the receipt or commencement thereof. When the indemnifying party has agreed to provide a defense as set out above that party shall assume the defense of such action (including the employment of counsel, who shall be counsel reasonably satisfactory to such indemnitee) and the payment of expenses, insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the indemnifying party. Any indemnified party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the indemnifying party unless (i) the employment of such counsel has been specifically authorized by the indemnifying party or (ii) the named parties to any such action (including any impleaded parties) include both the indemnifying party and the indemnified party and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them.

The indemnifying party shall not be liable to indemnify any person for any settlement of any such action effected without the indemnifying party's consent.

The indemnification procedures of this Trust Agreement shall survive the termination of the Trust, any Employer's participation in the Trust and/or this Trust Agreement.

6.9 No Joint and Several Liability
This document is not intended to and does not create any joint powers agreement or any joint and several liability. No Employer shall be responsible for any contributions, costs or distributions of any other Employer.

ARTICLE VII

AMENDMENT, TERMINATION AND MERGER

7.1 No Contractual Obligation
An Employer's participation in the Trust does not create, and is not intended to create, any contractual obligation to Eligible Employees. Therefore, no Employer is contractually obligated to Eligible Employees solely due to its participation in

28 the Trust to continue providing benefits under its Pension Plan or OPEB Plan or to make contributions to the Trust.

7.2 Amendment of Trust
(a) The Trust Agreement may be amended only by the approval of two-thirds (2/3) or more of the Employers then participating in the Trust. Any such amendment by the Employers shall be set forth in an instrument in writing and shall be delivered to the Trustee, the Trust Administrator and all Plan Administrators not less than one hundred and eighty (180) days before the effective date of such amendment; provided, however, that any party may waive in writing such 180-day requirement with respect to any amendment (and such waiver shall not constitute a waiver with respect to any other amendment); and provided, further, that a waiver in writing of such 180-day requirement by twothirds (2/3) or more of the Plan Administrators of the Employers participating in the Trust as of the date the amendment is adopted shall constitute a waiver of such 180-day requirement by all of the Employers then participating in the Trust. In addition, the Trust Administrator or the Trustee shall have the right to amend this Trust Agreement from time to time (without the requirement of a vote of Employers) solely for the purpose of keeping the Trust Agreement in compliance with the Code and applicable state law. Any such amendment by the Trust Administrator or the Trustee shall be set forth in an instrument in writing and shall be delivered to the Trustee, the Trust Administrator and all Plan Administrators promptly as each is made.
(b) Any amendment of the Trust Agreement may be current, retroactive or prospective, provided, however, that no amendment shall:
(1) Cause the Assets of any Agency Account to be used for or diverted to purposes other than for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same.
(2) Permit the Assets of any Agency Account to be used for the benefit of any other Employer.

7.3 Termination of Employer's Obligation to Provide Pension Benefits or OPEB A termination of the Employer's obligation to provide benefits under the Employer's Pension Plan or OPEB Plan for which the Employer's Agency Account was established shall not, in itself, effect a termination of the Agency Account. Upon a termination of the Employer's obligation to provide benefits under its Pension Plan or OPEB Plan, the Assets of the Employer's Pension Account or OPEB Account, as applicable, will be distributed by the Trustee when directed by the Plan Administrator in accordance with this Section 7.3. From and after the date of such termination and until final distribution of all Assets under the Employer's Agency Account, the Trustee shall continue to have all the powers

29 provided herein as are necessary or expedient for the orderly liquidation and distribution of such Assets, and the Agency Account shall continue until the Assets have been completely distributed. Any Assets remaining in the Pension Account or OPEB Account will be used first to satisfy any remaining Pension Obligation or OPEB Obligation, respectively, pursuant to the Employer's Pension Plan or OPEB Plan (to the extent that such distribution constitutes the exercise of an "essential governmental function" within the meaning of Section 115 of the Code) and to satisfy any of such Employer's obligations under this Trust Agreement. Any Assets remaining in the Employer's Pension Account or OPEB Account (as applicable) after giving effect to the preceding sentence will be paid to the Employer to the extent permitted by law and consistent with the requirements of Section 115 of the Code.
7 .4 Fund Recovery Based on Mistake of Fact
Except as hereinafter provided or in accordance with Section 7.3, the Assets of the Trust shall never inure to the benefit of the Employer. The Assets shall be held for the exclusive purpose of funding the Employer's OPEB Obligation or Pension Obligation or both and defraying the reasonable expenses associated with the same. However, in the case of a contribution which is made by an Employer because of a mistake of fact, that portion of the contribution relating to the mistake of fact (exclusive of any earnings or losses attributable thereto) may be returned to the Employer, provided such return occurs within two (2) years after discovery by the Employer of the mistake. If any repayment is payable to the Employer, then, as a condition to such repayment, and only if requested by Trustee, the Employer shall execute, acknowledge and deliver to the Trustee its written undertaking, in a form satisfactory to the Trustee, to indemnify, defend and hold the Trustee harmless from all claims, actions, demands or liabilities arising in connection with such repayment.

7.5 Termination of Trust
(a) The Trust and this Trust Agreement may be terminated by the unanimous agreement of all Employers, which action must be in writing and delivered to the Trustee and Trust Administrator. Upon termination of the Trust under this Section

7.S(a), the Assets of each Employer's Pension Account or OPEB Account, as applicable, will be distributed by the Trustee when directed by the Plan Administrator in accordance with this Section 7.5(a). From and after the date of such termination and until final distribution of all Assets under each Employer's Agency Account, the Trustee shall continue to have all the powers provided herein as are necessary or expedient for the orderly liquidation and distribution of such Assets, and the Agency Account shall continue until the Assets have been completely distributed. Any Assets remaining in the Pension Account or OPEB Account will be used first to satisfy any remaining Pension Obligation or OPEB Obligation, respectively, pursuant to the Employer's Pension Plan and OPEB Plan (to the extent that such distribution constitutes the exercise of an "essential governmental function" within the meaning of Section 115 of the Code) and to

30 satisfy any of such Employer's obligations under this Trust Agreement. Any Assets remaining in the Employer's Pension Account or OPEB Account (as applicable) after giving effect to the preceding sentence will be paid to the Employer to the extent permitted by law and consistent with the requirements of Section 115 of the Code.
(b) Contributions to the Trust are conditioned on initial qualification of the Trust under Section 115 of the Code. If the Trust receives an adverse determination with respect to its initial qualification, then the Trust and this Trust Agreement will automatically terminate without any action by any Employer or other parties. After such termination, the Assets of each Employer's Pension Account or OPEB Account, as applicable, will be returned by the Trustee to the Employer as directed by the Plan Administrator in accordance with this Section

7.5(b) to the extent permitted by law and consistent with the requirements of Section 115 of the Code. This Section 7.5(b) will cease to apply upon the Trust's receipt of a favorable determination with respect to its initial qualification. (c) The Trust and this Trust Agreement may be terminated only as described in this Section 7.5. In no case will the assets of the Trust be distributed on termination to an entity that is not a state, a political subdivision of a state or an entity the income of which is excluded from gross income under Section 115 of the Code.

ARTICLE VIII

MISCELLANEOUS PROVISIONS

8.1 Non alienation
Eligible Employees do not have an interest in the Trust. Accordingly, the Trust shall not in any way be liable to attachment, garnishment, assignment or other process, or be seized, taken, appropriated or applied by any legal or equitable process, to pay any debt or liability of an Eligible Employee or any other party.

Trust Assets shall not be subject to the claims of any Employer or the claims of its creditors.

8.2 Saving Clause
In the event any provision of this Trust Agreement is held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of the Trust Agreement, but this instrument shall be construed and enforced as if said provision had never been included.

8.3 Applicable Law
This Trust Agreement and the Trust shall be construed, administered and governed under the Code and the law of the State of California. To the extent any

31 of the provisions of this Trust Agreement are inconsistent with the Code or applicable state law, the provisions of the Code or state law shall control. In the event, however, that any provision is susceptible to more than one interpretation, such interpretation shall be given thereto as is consistent with the Trust Agreement being a tax-exempt trust within the meaning of the Code.

8.4 Joinder of Parties
In any action or other judicial proceedings affecting this Trust Agreement, it shall be necessary to join as parties only the Trustee, the Plan Administrator or Delegatee. No participant or other persons having an interest in the Trust or any Agency Account shall be entitled to any notice or service of process unless otherwise required by law. Any judgment entered in such a proceeding or action shall be binding on all persons claiming under this Trust Agreement; provided, however, that nothing in this Trust Agreement shall be construed as to deprive a participant of such participant's right to seek adjudication of such participant's rights under applicable law.

8.5 Employment of Counsel
The Trustee may consult with legal counsel (who may be counsel for the Trustee, the Trust Administrator or any Employer) with respect to the interpretation of this Agreement or the Trustee's duties hereunder or with respect to any legal proceedings or any questions of law and shall be entitled to take action or not to take action in good faith reliance on the advice of such counsel and charge the Trust and, as applicable, one or more Agency Accounts.

8.6 Gender and Number
Words used in the masculine, feminine or neuter gender shall each be deemed to refer to the other whenever the context so requires; and words used in the singular or plural number shall each be deemed to refer to the other whenever the context so reqmres.

8.7 Headings
Headings used in this Trust Agreement are inserted for convenience of reference only and any conflict between such headings and the text shall be resolved in favor of the text.

8.8 Counterparts
This Trust Agreement may be executed in an original and any number of counterparts by the Plan Administrator (executing an Adoption Agreement), the Trust Administrator and the Trustee, each of which shall be deemed to be an original of the one and the same instrument.

32 IN WITNESS WHEREOF, the Plan Administrator (by executing the Adoption Agreement), the Trustee and the Trust Administrator have executed this Trust Agreement by their duly authorized agents on the Effective Date.

U.S. BANK NATIONAL ASSOCIATION
::rustee" ~
Siare
Susan M. Hughes
Typed or printed name
Its: Vice President & Relationship Manager

PUBLIC AGENCY

RETIREMENT SERVICES
::r~ -
Daniel Johnson
Typed or printed name
Its: President

AGREEMENT FOR ADMINISTRATIVE SERVICES
This agreement (“Agreement”) is made this _____ day of _____________, 2025, between Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Retirement Services and PARS (hereinafter “PARS”) and the [Agency Name] (“Agency”).

WHEREAS, the Agency has adopted the PARS Public Agencies Post-Employment Benefits Trust for the purpose of prefunding pension obligations and/or Other Post-Employment Benefits (“OPEB”) obligations (“Plan”) and is desirous of retaining PARS as Trust Administrator to the Trust, to provide administrative services.

NOW THEREFORE, the parties agree:

1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as “Exhibit 1A” (“Services”) in a timely manner, subject to the further provisions of this Agreement.

2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as “Exhibit 1B”.

3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency.

4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS’ standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with a detailed description of the services, terms, and applicable rates for such services. Such services, terms, and applicable rates shall be agreed upon in writing and executed by both parties.

5. Information Furnished to PARS. PARS will provide the Services contingent upon the Agency providing PARS the information specified in the exhibit attached hereto as “Exhibit 1C” (“Data”). It shall be the responsibility of the Agency to certify the accuracy, content, and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. Unless specified in Exhibit 1A, PARS shall be under no duty to question Data received from the Agency, to compute contributions made to the Attachment 3
33

Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law. In addition, PARS shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency.

6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS’ fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law.

7. Confidentiality. Without the Agency’s consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law.

8. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees, or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation, and similar matters.

9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, directors, and employees, from any claim, loss, demand, liability, or expense, including reasonable attorneys’ fees and costs, incurred by the other as a consequence of, to the extent, PARS’ or Agency’s, as the case may be, negligent acts, errors or omissions with respect to the performance of their respective duties hereunder.

10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan.

PARS shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement. 34

11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction.

12. Force Majeure. When a party’s nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to:
any incidence of fire, flood, acts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party’s performance under the Agreement.

13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency.

14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS.

Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement.

15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President
(B) To Agency: [Agency]; [Agency Address]; Attention: [Plan Administrator Title] Notices shall be deemed given on the date received by the addressee.

16. Term of Agreement. This Agreement shall remain in effect for the period beginning _______________, 2025 and ending _____________, 2028 (“Term”). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve-month periods following the Term.

17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto.
35

18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement.

In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions, and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition.

19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney’s fees.

20. Counterparts. Electronic Signatures. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (e.g., DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.

21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

22. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed.

AGENCY:

BY:

Plan Administrator Name
TITLE:

DATE:

PARS:

BY:

Tod Hammeras
TITLE: Chief Financial Officer
DATE:
36

EXHIBIT 1A

SERVICES
PARS will provide the following services for the [Agency Name] Public Agencies PostEmployment Benefits Trust:

1. Plan Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan provisions, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan documentation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit 1A, paragraph 2 below.

2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post-Employment Benefits Trust (“Trustee”), based upon information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and investment activity, based upon information received from the Agency and/or Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the applicable GASB pronouncements and/or statements, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.

3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice.
37

EXHIBIT 1B

FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit 1A based upon the following schedule:

An annual asset fee shall be paid from Plan assets based on the following schedule:

For Plan Assets from: Annual Rate:
$1 to $10,000,000 0.25%
$10,000,001 to $15,000,000 0.20%
$15,000,001 to $50,000,000 0.15%
$50,000,001 and above 0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included.
38

EXHIBIT 1C

DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon receiving the following information. Agency is solely responsible for ensuring that all information and documentation provided to PARS is true, correct, and authorized:

1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust (C) Trustee Investment Forms

2. Contribution – completed Contribution Transmittal Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)

3. Distribution – completed Payment Reimbursement/Distribution Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator (or authorized Designee)

4. Other information pertinent to the Services as reasonably requested by PARS and Actuarial Provider.
39

EXHIBIT “A” TO PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST AGREEMENT

ADOPTION AGREEMENT
for the
POST-EMPLOYMENT SECTION 115 TRUST
A.1.1. Trust agreement with U.S. Bank National Association (the “Bank”) (the “Trust Agreement”):

Post-Employment Section 115 Trust. Public Agencies Post-Employment Benefits—Trust Agreement, effective November 5, 2014
A.1.2. OPEB Plan: Public Agencies Post-Employment Health Care Plan The plan document for the OPEB Plan is the Public Agencies PostEmployment Health Care Plan—Master Plan Document, effective as of November 5, 2014 (the “Plan Document”).

A.1.3. Pension Plan:

A.1.4. Pension Plan’s
effective date:
□ (Check if applicable) Additional Pension Plans (and their respective effective dates) are listed on an exhibit attached hereto.

A.2.1. Employer:

Name:

U.S. mail address:

Phone number:

EIN:

Fiscal year end:

A.2.2. Plan Administrator:

Position at Employer:

Incumbent:

U.S. mail address:

Phone number:

Email address:

Attachment 4
40

EXHIBIT “A” TO PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST AGREEMENT A.3.1 Adoption. The Employer hereby:

A.3.1.1. Adopts the Trust Agreement as part of the (Check one or both of the following boxes.):
□ OPEB Plan
□ Pension Plan
(each such plan separately, the “Plan”) and agrees to be bound by the Trust Agreement’s terms, effective as of the Employer’s signature date below and subject to the investment approach selected below.

A.3.1.2.The following provisions apply if and only if the OPEB Plan box above is checked: (i) Adopts the Plan Document and agrees to be bound by the Plan Document’s terms, effective as of the Employer’s signature date below and (ii) acknowledges that the determination of Eligible Employees and Eligible Beneficiaries is finally and conclusively made by the Employer according to the Employer’s applicable policies and collective bargaining agreements and without reference to the Trust Agreement.

A.3.1.3. Ratifies, affirms, and approves Employer’s appointment of Phase II Systems as Trust Administrator and represents and warrants that attached hereto is a fully-executed original of Employer’s Agreement for Administrative Services with Phase II Systems, d/b/a Public Agency Retirement Services (PARS).

A.3.1.4. Agrees that capitalized terms used herein but not defined herein shall have the same meaning attributed to them as in the Trust Agreement or Plan Document, as the case may be.

A.4.1. The Employer hereby represents and warrants that:

A.4.1.1. Authorizing Law. Employer has reviewed with its legal counsel and has determined that Employer is authorized to establish and maintain the Plan and to establish a financialinstitution trust (separate and apart from the state) for the Plan, including the authority to adopt the Trust Agreement.

A.4.1.2. Authorizing Resolution. Attached hereto is a certified copy of a resolution of the Employer’s governing body authorizing the adoption of the Trust Agreement as part of the Plan and authorizing the appointment of the Plan Administrator designated by position of employment at the Employer to act on the Employer’s behalf in all matters relating to the trust.

A.4.1.3. Tax Status. The Plan is a “governmental plan” as defined in Section 414(d) of the Internal Revenue Code of 1986, as amended; is a “Section 401(a)(24) governmental plan” as defined in Revenue Ruling 2011-1; and is not subject to Federal income taxation. The Plan’s governing document expressly provides that it is irrevocably impossible for any part of the corpus or income of the Plan to be used for, or diverted to, purposes other than for the exclusive benefit of the Plan participants and their beneficiaries. The Pension Plan is a qualified plan under Code Section 401(a). (In addition, the Employer hereby acknowledges that the Plan is prohibited from assigning any part of its equity or interest in the trust.)
41 ---

EXHIBIT “A” TO PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST AGREEMENT A.4.2. Investment Approach.

A.4.2.1.The following provisions apply if and only if the OPEB Plan box above is checked:

OPEB Account. OPEB Account assets are invested in the discretion of (check one and only one of the following boxes):

Discretionary investment approach:
□ The Bank, subject to Exhibit A (Investment Strategy Selection and Disclosure Form) hereto.

Directed investment approach:
□ The Plan Administrator.
□ The following registered investment adviser, bank (other than the Bank), or insurance company (a “Third-Party Manager”):
. The Employer
hereby represents and warrants that attached hereto is an executed copy of the agreement with the above appointed Third Party Manager.

A.4.2.2.The following provisions apply if and only if the Pension Plan box above is checked:

Pension Account. Pension Account assets are invested in the discretion of (check one and only one of the following boxes):

Discretionary investment approach:
□ The Bank, subject to Exhibit A (Investment Strategy Selection and Disclosure Form) hereto.

Directed investment approach:
□ The Plan Administrator.
□ The following registered investment adviser, bank (other than the Bank), or insurance company (a “Third-Party Manager”):
. The Employer
hereby represents and warrants that attached hereto is an executed copy of the agreement with the above appointed Third Party Manager.

A.4.3. It is intended that any references to GASB pronouncements and/or statements in the Public Agencies Post-Employment Health Care Plan and Trust Agreement shall incorporate any applicable successor pronouncements and/or statements.
[signature page follows]
42

EXHIBIT “A” TO PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST AGREEMENT

EMPLOYER
By:

Its:

Date:

Accepted by: PHASE II SYSTEMS, DBA PUBLIC AGENCY

RETIREMENT SERVICES (PARS)
By:

Daniel Johnson
Its: President
Date:

U.S. BANK NATIONAL ASSOCIATION
By:

Ryan Maxey
Its: Vice President and Relationship Manager
Date:
43

04/2024
FEE SCHEDULE FOR PARS TRUST PROGRAM — PENSION /OPEB
This Fee Schedule relates to the U.S. Bank National Association (“USBNA”) Institutional Trust & Custody division (“IT&C”) account identified below (such account, including any sub-accounts therein, the “Account”) and is effective as of the date of the Account’s adoption of the governing trust agreement (the “Fee Schedule’s Effective Date”).

Trust Name: Public Agencies Post-Employment Benefits Trust Employer Name:

USBNA; PFM Asset Management LLC (“PFMAM”); PFM Fund Distributors, Inc. (“PFMFD”); U.S. Bancorp Asset Management, Inc. (“USBAM”); and U.S. Bancorp Fund Services, LLC (“USBFS”) are affiliates of U.S. Bancorp (collectively with U.S. Bancorp, "U.S. Bank"). This Fee Schedule, together with the trust agreement and adoption agreement between the Customer (as defined below) and USBNA regarding the Account (“Account’s Governing USBNA Service Contract(s)”), describes services that U.S. Bank expects to provide to the Account pursuant thereto and compensation that U.S. Bank expects to receive therefor:

Account Profile (Part A): Describes the Account and U.S. Bank’s role with respect to the Account.

Account-level Fees (Part B): Describes fees U.S. Bank receives directly from the Account (the “Account Fees”).

Fund-level Fees (Part C): Describes fees the Account pays on the investment of Account assets in open-end investment companies registered under the Investment Company Act of 1940 (“Mutual Funds”), 3(c)(1) or (7) funds (“Private Funds”), bank-maintained collective trust funds (“CTFs”), and nonbank-maintained group trusts (“Group Trusts”) (each of the foregoing, a "Fund") (the “Fund Fees”) and fees U.S. Bank receives from those investments or their agents (“U.S. Bank Revenue Share”).

Other Compensation (Part D): Describes compensation that U.S. Bank receives other than Account Fees or U.S. Bank Revenue Share (“Other Compensation”).

Changes (Part E): Describes circumstances under which this Fee Schedule may be changed.

Approval (Part F): Provides the customer’s approval of the fees described herein.

ACCOUNT PROFILE (PART A)

1. The Account holds assets of a health or welfare plan. The undersigned is the plan’s primary fiduciary (the “Customer”).

2. USBNA has discretion to invest Account assets to the extent provided in the Account’s Governing USBNA Service Contract(s) (to such extent, a “Managed Account”). PFMAM (the “Sub-Adviser”) invests Account assets in its discretion (a “Sub-Advised Account”) by way of a sub-contract between USBNA and the Sub-Adviser, the Sub-Adviser is an investment adviser registered under the Investment Advisers Act of 1940 (an “RIA”), and the Sub-Adviser’s Form ADV is available at https://adviserinfo.sec.gov/.

3. USBNA holds Account assets as trustee under a trust agreement adopted by the Customer. The Customer is the plan sponsor.

ACCOUNT-LEVEL FEES (PART B)
The Account Fees, which are in addition to Fund Fees and are paid directly to USBNA, are as follows. For a complete description of services that U.S. Bank expects to provide to the Account, see the Account’s Governing USBNA Service Contract(s).

Discretionary-trustee fee: Provide investment management. This fee is calculated in tiers:
35 basis points on the first $ 5,000,000 of Account assets 25 basis points on the next $ 5,000,000 of Account assets 20 basis points on the next $ 5,000,000 of Account assets 15 basis points on the next $ 35,000,000 of Account assets 10 basis points on the balance of Account assets
For assets invested in the First American Funds (as defined below) or PFMAM Funds (as defined below) or in a deposit account at USBNA, the rate is 0 bps, and the assets are excluded from the tiers above.

FOR A SUB-ADVISED ACCOUNT, if the Sub-Adviser or its affiliate is an investment advisor to a Mutual Fund (any such Mutual Fund, a “Sub-Adviser’s Mutual Fund”), then for assets invested in the Sub-Adviser’s Mutual Funds, the rate is 0 bps, and the assets are excluded from the tiers above. (U.S. Bank compensates the Sub-Adviser from U.S. Bank’s own fees; the Account does not pay fees in addition to the fees stated herein in connection with services provided by the SubAdviser.) Manner of Receipt. Account Fees will be calculated monthly. Account balances held in OPEB and Pension within the Trust will be combined for fee calculations. Any asset-based Account Fees will be based on the applicable Account balance (or portion thereof) as of the end of the SAMPLE
Attachment 5
44 -
- - -

billing period. (The asset values used in such calculation may vary from the asset values reported on an asset statement because of timing issues, such as the posting of accruals or the late-pricing of securities.) Account Fees will then be charged to the Account.

FUND-LEVEL FEES (PART C)
Fund Fees. Fund Fees, and U.S. Bank Revenue Share, are based on investment in a Fund and may vary by Fund and by class of shares or units issued by the Fund. Fund Fees are charged against the Fund's assets and reduce the Fund’s average daily balance and investment yields. U.S. Bank Revenue Share is paid indirectly from the Fund Fees and is not in addition to the Fund Fees.

Additional Investment-Related Information. See a Mutual Fund’s prospectus; a Private Fund’s, CTF’s, or Group Trust’s governing documents (such as a limited liability company agreement, limited partnership agreement, trust agreement, or declaration of trust), offering documents (such as an offering circular, offering memorandum, private placement memorandum, prospectus, or summary description), and subscription documents (such as an adoption agreement or subscription agreement); and any Fund’s fund-fact sheet, schedule of portfolio holdings, and annual report (collectively, as applicable, the “Fund-Issuer’s Disclosure”) for Fund details not reflected in this Fee Schedule.

See, especially, sections thereof regarding fees, expenses, additional compensation, and payments to financial intermediaries.

Total Annual Operating Expenses (“TAOE”). From time to time, a Fund’s service provider may voluntarily waive a portion of the fees it is entitled to receive for servicing the Fund or refund such a portion to a Fund investor. The term TAOE, as used herein, means the TAOE before waivers and refunds. If a waiver is in effect, the Customer’s approval of Fund Fees and U.S. Bank Revenue Share includes approval up to the TAOE; if the service provider terminates the waiver as provided in the Fund-Issuer’s Disclosure, the approval persists.

Estimating U.S. Bank Revenue Share. To estimate the amount of U.S. Bank Revenue Share, multiply the Account’s average balance in a Fund over the relevant year by the fee rate set forth in the appropriate sub-column of the Rate-of-Fees-Received-By column below. (For help with estimating average balances, contact USBNA.) Except for the rates of USBNA’s fees from National Financial Services LLC (EIN: 04- 3523567) (“NFS”), USBAM’s fees, and PFMAM’s fees, those fee rates are estimates. U.S. Bank calculates those estimated fee rates as follows: (i) Start with the total amount of fees received by the applicable U.S. Bancorp affiliate with respect to the Fund during the most recently ended calendar year; and (ii) Divide by the total value of all Fund shares serviced by the affiliate as of that calendar-year end. The sum of the fee rates in the sub-columns will not necessarily equal the TAOE, because the TAOE might be based on a different time period than such fee rates and because service providers unaffiliated with U.S. Bank might receive fees from the Fund. Actual fees may vary from such estimates and year to year.

Omnibus Accounts. Certain portfolios known as “Omnibus Accounts” are available to the plan under the Account’s Governing USBNA Service Contract(s), and those portfolios include Mutual Funds. If the plan selects an Omnibus Account, then Account assets are invested in Mutual Funds accordingly. Such Mutual Funds are listed below if they pay U.S. Bank Revenue Share.

First American Funds. USBAM is the investment advisor to the Mutual Funds in the First American Funds Trust family (the "First American Funds"). First American Funds issue shares in multiple classes, and their fees may vary by class. U.S. Bank may enter into agreements with First American Funds or with First American Funds’ service providers (including investment advisers, administrators, or transfer agents) whereby U.S. Bank provides services to the First American Funds, including, as applicable, services provided by USBAM (investment advisory, shareholder services), by USBNA (custody, shareholder services), and by USBFS (accounting, administration, transfer agency, shareholder services), and receives fees for these services from the Fund or the Fund’s sponsor or agent. Prospectuses for First American Funds are available at https://www.firstamericanfunds.com/index/FundPerformance/ShareholderDocuments.html.

Rate Of Fees Received By (%)
Fund Name Ticker Share
Class USBAM1 USBNA1 USBFS1 TAOE(%)
TAOE After
Waiver
(%)2
First American Government Obligs X FGXXX X 0.10 0.10 - 0.14 0.13 1— These fees are received from the Fund.
2— This amount is the TAOE less U.S. Bank’s voluntary waiver, if any, of a portion of the fees it is entitled to receive for servicing the Fund.

PFMAM Funds. PFMAM is the investment advisor to the Mutual Funds in the PFM Multi-Manager Series Trust (the "PFMAM Funds"). U.S. Bank may enter into agreements with PFMAM Funds or with PFMAM Funds’ service providers (including investment advisers, administrators, transfer agents, or distributors) whereby U.S. Bank provides services to the PFMAM Funds, including, as applicable, services provided by PFMAM (investment advisory), by USBNA (shareholder services), and by PFMFD (distribution), and receives fees for these services from the Fund or the Fund’s sponsor or agent. Prospectuses for PFMAM Funds are available at https://mmst.pfmam.com/forms-documents.

Rate Of Fees Received By (%)
Fund Name Ticker Share
Class PFMAM1 USBNA1 PFMFD1 TAOE(%)
TAOE After
Waiver
(%)2
Not Applicable
SAMPLE
45 I I I

Other Mutual Funds. U.S. Bank may enter into agreements with Mutual Funds other than First American Funds or PFMAM Funds (“Other Mutual Funds”) or with Other Mutual Funds’ service providers (including investment advisers, administrators, transfer agents, or distributors) whereby U.S. Bank provides services to the Other Mutual Funds, including, as applicable, services provided by USBNA (custody, securities lending, shareholder services, National Securities Clearing Corporation (NSCC) networking) and by USBFS (accounting, administration, transfer agency), and receives fees for these services from the Fund or the Fund’s sponsor or agent. Prospectuses for Other Mutual Funds are available at https://www.sec.gov/edgar/searchedgar/prospectus.

Rate Of Fees Received By (%)
Fund Name Ticker Share
Class
USBNA3
(not from
NFS)
USBNA4
(from
NFS)
USBFS3 TAOE
(%)
Not Applicable
Private Funds; CTFs; Group Trusts. U.S. Bank may enter into agreements with Private Funds, CTFs, or Group Trusts or with their service providers, whereby U.S. Bank provides services to such Funds, including, as applicable, services provided by USBNA (custody) and by USBFS (accounting, administration, shareholder services, transfer agency), and receives fees for these services from the Fund or the Fund’s sponsor or agent.

OTHER COMPENSATION (PART D)
Float Income. USBNA may hold (i) cash awaiting either investment or distribution to proper recipients or (ii) funds held for other purposes (for example, pending investment following a trade fail, because funds were received too late to be posted the same day, or pursuant to an investment direction) in a noninterest-bearing deposit account at USBNA and, thereby, earn and retain income on the float as part of its fees for servicing the Account. The payors of the float income are other financial institutions that borrow USBNA’s deposits on a short-term basis.

For cash awaiting investment, the float period is generally no longer than one business day following the receipt by USBNA of such cash.

However, if the Customer fails to provide adequate information concerning the allocation of contributions (or, if applicable, if there is no participant investment direction), the float period may last until such date as USBNA receives clear, comprehensive directions (in accordance with applicable trading deadlines) as to how such cash should be allocated and invested. For distributions made from the Account, the float period commences on the date the check, wire transfer, or electronic transfer is issued to a proper recipient and ends on the date the check is presented to USBNA for payment and settles or wire or electronic transfer is accepted by the receiving institution. The time period involved varies for each payment issued, though the average time such payments remain outstanding is one (1) to fifteen (15) calendar days from the date of issuance. For funds held for other purposes, the float period commences on the date good funds are deposited in the applicable deposit account and ends on the date the funds are withdrawn or transferred therefrom, such as ending upon actual trade settlement (for funds held pending investment following a trade fail) or on the next business day (for funds received too late to be posted the same day).

The float rate on (i) cash awaiting investment; (ii) un-cashed checks, pending wire transfers, and pending electronic transfers and (iii) funds held for other purposes is generally no more than the Target Federal Funds Rate (the “Target Rate”) of interest applicable during the period involved. The Target Rate is the short-term rate objective announced by the Federal Reserve. The actual rate of interest paid between banks is the Effective Federal Funds Rate (the “Effective Rate”). The Effective Rate changes daily but is generally close to the Target Rate. Changes to the Target Rate are made by the Federal Reserve’s Open Market Committee. The announced Target Rate can be obtained upon request from your account representative or can be found in the Wall Street Journal.

Expenses. Expenses, fees, costs, and other charges incurred by USBNA in providing services under the Account’s Governing USBNA Service Contract(s) are expenses of the Account.

Advance of Funds. If USBNA advances funds in furtherance of settling the redemption of Fund shares or units, then the yield, if any, paid on the shares or units that were treated as redeemed is retained by USBNA as part of its fees for servicing the Account.

CHANGES (PART E)
USBNA may amend this Fee Schedule by delivering to the Customer an amended and restated Fee Schedule (or another written notice of the change). If the Customer does not deliver a written objection to USBNA within sixty (60) calendar days thereafter, the new fee schedule will become effective.

This Fee Schedule need not be amended to reflect the Account’s complete divestment from a Fund.

USBNA will not notify the Customer of (i) the re-investment of Account assets into a Fund not listed above which pays U.S. Bank Revenue Share or (ii) a change to a U.S. Bank Revenue Share rate listed above, except insofar as the Customer thereafter asks USBNA for an amended and restated Fee Schedule and such Fund or revised rate is reflected therein. The Customer’s approval of Fund Fees and U.S. Bank Revenue Share includes approval of the Fund Fees and U.S. Bank Revenue Share that would be described in any such amended and restated Fee Schedule. As such, the Customer should request an amended and restated Fee Schedule periodically and in connection with re-investment of Account assets.

SAMPLE
46

04/2024

APPROVAL (PART F)
First American Funds or PFMAM Funds. The Customer hereby acknowledges as follows: Fund-level Fees (Part C) hereof describes Fund Fees and U.S. Bank Revenue Share of the identified First American Funds and PFMAM Funds, including any differential among Fund Fees and U.S. Bank Revenue Share of such Funds. Account-level Fees (Part B) hereof describes Account Fees, including the rate of the account-level investment-management fee for Account assets invested in such Funds. The prospectus for such a Fund provides additional information about fees paid by the Fund. Investment in such Funds offers diversified cash management investments and other features that are appropriate for the Account, including that the Funds are valued daily, may be bought or sold on any business day, and prices of the Funds are listed daily in most major newspapers and Internet financial sources. Account assets will not be invested in a share class that charges any sales commissions, loads, or transfer fees for buying or selling such Fund shares. Account assets will not be invested in a share class that charges any redemption fee for selling such Fund shares, unless such redemption fee is paid only to the Fund and is disclosed in the Fund’s prospectus atthe time of purchase and sale of such shares. Account assets may only be eligible to be invested in certain share classes of some of such Funds, as described in the Funds' prospectuses.

Acknowledgement. The Customer hereby acknowledges that it:
● is independent of U.S. Bank and has authority to enter into, extend, and renew contracts for the services described herein and to approve the fees described herein.
● received, read, understands, and executed the Account’s Governing USBNA Service Contract(s). ● obtained, read, and understands the Fund-Issuer’s Disclosure for each Fund, including, but not limited to, the sections thereof describing fees, expenses, and compensation, and acknowledges that the purchase or sale of Fund shares or units is subject to the terms of the Fund-Issuer’s Disclosure. ● expects to neither cause nor permit the Account to acquire any foreign securities. ● understands and approves the services and fees described herein, including the Account Fees, the Fund Fees for each Fund, U.S. Bank Revenue Share for each Fund, and the Other Compensation. ● agrees to the process described herein for amending this Fee Schedule. ● understands that, subject to the Account’s investment guidelines, Account assets may be invested in any Fund.

The Customer hereby executes this Fee Schedule.

Customer: _______________________________________________________ (Printed name of employer)
By: _______________________________________________________ (Signature of Customer’s authorized officer)
_______________________________________________________ (Printed name of Customer’s authorized officer)
Its: _______________________________________________________ (Title of Customer’s authorized officer)
Dated: _______________________________________________________ Shares of registered investment companies, and units of private funds, bank-maintained collective trust funds, and nonbank-maintained group trusts, are not deposits or obligations of, or endorsed or guaranteed in any way by, any bank, including any bank affiliated with U.S. Bancorp. Nor does the Federal Deposit Insurance Corporation, the Federal Reserve Board, or any other governmental agency insure such products. An investment in such products involves investment risks, including the possible loss of principal, due to fluctuations in each product's net asset value. Deposit products are offered by U.S. Bank National Association, member FDIC.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT To help the United States fight the funding of terrorism and money laundering activities, U.S. law requires U.S. Bancorp, like other financial institutions, to obtain, verify, and record information that identifies each customer that opens an account.

What this means for you: When you open an account with us, we will ask for your legal name, address, tax identification number, and other identifying information that will assist us. We may ask for copies of certified articles of incorporation, an unexpired government-issued business license, a partnership agreement, or other documents that indicate the existence and standing of the entity.

SAMPLE
47 AUTHORIZED SIGNERS
FRM 500 02.10.2023
Form - Authorized Signers
U.S. Bank
Employer:

Plan/Trust Name:

Authorized Signers
In accordance with the provisions of the above referenced account, the following people are authorized on behalf of the Employer to direct U.S. Bank, N.A. to take action with regard to this account and hereby authorize and direct U.S. Bank, N.A. to act on directives signed by:

1. Print Full
Legal Name:

First Name Middle Name Last Name
Print Title: Email:

Signature: Direct Phone Number:

2. Print Full
Legal Name:

First Name Middle Name Last Name
Print Title: Email:

Signature: Direct Phone Number:

3. Print Full
Legal Name:

First Name Middle Name Last Name
Print Title: Email:

Signature: Direct Phone Number:

4. Print Full
Legal Name:

First Name Middle Name Last Name
Print Title: Email:

Signature: Direct Phone Number:

Authorized by:

I hereby acknowledge and represent that I am authorized on behalf of the Employer to provide this authorized signature form to U.S. Bank, N.A. This form shall remain in effect until it is changed or revoked in writing by the Employer. Any change or revocation of this form shall be effective upon U.S. Bank’s receipt of such written notice.

Print Name of Authorized Signer for Employer Title of Authorized Signer for Employer Signature of Authorized Signer for Employer Date Signed SAMPLE
Attachment 6
48 ~ bank.

Investment Strategy Selection and Disclosure Form
PARS PEB (OPEB + Pension) Trust Program – Managed Tactical Strategies Exhibit A to Adoption Agreement
©U.S. Bank | Confidential
PEB Managed Tactical
ISSDF 5.2024
This document is entered into by Client and U.S. Bank National Association (“U.S. Bank”), as discretionary trustee.

Client/Employer:

Plan/Trust Name: Public Agencies Post-Employment Benefits Trust Client/Employer directs the investment of assets of the above-referenced Plan/Trust in the (select one of the strategies listed below for each Account):

OPEB
Account
Pension
Account Strategy Primary Goal Strategic Range
  Liquidity Management Generate current income with
liquidity. Money Market Fund




Conservative – Strategic Blend
Conservative – Index
Provide a consistent level of
inflation-protected income over
the long-term.

Equity: 5-20%
Fixed Income: 60-95%
Cash: 0-20%




Moderately Conservative – Strategic Blend
Moderately Conservative – Index
Provide current income with
capital appreciation as a
secondary objective.

Equity: 20-40%
Fixed Income: 50-80%
Cash: 0-20%




Moderate – Strategic Blend
Moderate – Index
Provide current income and
moderate capital appreciation.

Equity: 40-60%
Fixed Income: 40-60%
Cash: 0-20%




Balanced – Strategic Blend
Balanced – Index
Provide growth of principal and
income.

Equity: 50-70%
Fixed Income: 30-50%
Cash: 0-20%




Capital Appreciation – Strategic Blend
Capital Appreciation – Index
Primary goal is growth of
principal.

Equity: 65-85%
Fixed Income: 10-30%
Cash: 0-20%
  Custom Attach separate guidelines
Strategic Blend strategies are invested in a blend of actively managed and index-based mutual funds and exchange traded funds. Index strategies are invested in index-based mutual funds and exchange traded funds.

Acknowledged and Approved
Authorized Signer Title
Print Name Date
SAMPLE
Attachment 7
49 [:mJbank.
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: June 17, 2025 Agenda Item: 10E.

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

CONSIDERATION OF A RESOLUTION CONCERNING THE SAN CLEMENTE LIFEGUARD

STATUE MAINTENANCE AGREEMENT AND CLARIFICATION OF COUNCIL INTENT REGARDING MAINTENANCE RESPONSIBILIT ..bodyIES
Fiscal Impact:

No capital expenditure is required from the City for the fabrication or installation of the statue.

Summary:

City Council is requested to approve a maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation (the “Foundation”) for the installation of the San Clemente Lifeguard Sculpture and to clarify the Council’s intent that the City, not the Foundation, will be responsible for ongoing maintenance of the statue. Clarifying this action will require repealing and replacing Resolution No. 24-139 (Attachment 2) to reflect the City’s maintenance obligation, as originally discussed by Council during its previous project approval.

Background:

On September 3, 2024, the City Council approved the Foundation’s proposal to design, fabricate, and install a San Clemente Lifeguard Statue in recognition of the City’s longstanding lifeguard tradition. The total value of the project—including design, manufacturing, and installation—is estimated at $300,000 and will be fully funded by the Foundation.

As part of the staff recommendation presented to the Council, it was proposed that the Foundation assume full responsibility for the long-term maintenance of the statue. However, during Council deliberations, Councilmembers expressed a desire for the City to accept responsibility for maintaining the monument. Despite this discussion, the final motion was to “adopt the staff recommendation as written,” which, by default, assigned maintenance responsibility to the Foundation. As such, Resolution No. 24-139 and the meeting minutes reflect that the Foundation is responsible for maintenance.

Given the discrepancy between Council’s apparent intent during deliberations and the formal action adopted, staff recommends Council clarify its desire to have the City assume responsibility for the statue’s maintenance.

Ongoing maintenance is estimated at approximately $2,000 biennially and would be allocated in future budget adoptions once the statue is built. The maintenance will include cleaning, graffiti removal, protective coatings (as necessary), and minor repairs. 1 Meeting Date: June 17, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE
Council Options:
 Clarify that the City will assume responsibility for ongoing maintenance:
o Repeal and replace Resolution No. 24-139.
o Adopt a new resolution confirming the City will maintain the statue. o Direct staff to enter into a maintenance agreement with the Foundation that reflects this clarification.
o Estimated fiscal impact: $2,000 biennially from the General Fund.  Reaffirm Resolution No. 24-139 as written:
o Require the Foundation to remain responsible for ongoing maintenance. o Direct staff to communicate this expectation to the Foundation and determine if the project will proceed under these terms.
o No fiscal impact to the City.
 Direct staff to bring back a revised funding partnership.

Environmental Review/Analysis:

The proposed installation of the San Clemente Lifeguard Statue has been evaluated in accordance with the California Environmental Quality Act (CEQA) and the project is determined to be categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15303 (Class 3 – New Construction or Conversion of Small Structures).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 25-87, which will:

1. Repeal and replace Resolution No. 24-139; and

2. Adopt a new resolution approving the maintenance agreement for the San Clemente Lifeguard Statue and clarifying that the City of San Clemente shall assume responsibility for all ongoing maintenance; and

3. Authorize the City Manager to execute the Agreement for Donation, Installation and Maintenance of Public Artwork with the San Clemente Lifeguard Foundation. ..end
Attachment:

1. Resolution No. 25-87

2. Resolution No. 24-139

3. Agreement for Donation, Installation and Maintenance of Public Artwork 2 Meeting Date: June 17, 2025 Agenda Item: 10E.

CITY OF SAN CLEMENTE
Notification:

San Clemente Lifeguard and Junior Lifeguard Foundation
3 Attachment 1
RESOLUTION NO. 25-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, REPEALING AND
REPLACING RESOLUTION NO. 24-139 AND APPROVING

THE PUBLIC ART INSTALLATION OF A LIFEGUARD

MONUMENT SPONSORED AND FUNDED BY THE SAN

CLEMENTE LIFEGUARD AND JUNIOR LIFEGUARD

FOUNDATION, APPROVING A DONATION, INSTALLATION

AND MAINTENANCE OF PUBLIC ARTWORK AGREEMENT,

CLARIFYING THAT THE CITY SHALL BE RESPONSIBLE

FOR THE ONGOING MAINTENANCE OF THE STATUE
WHEREAS, the City recognizes the valuable contributions of its lifeguards to the safety and well-being of the community;
WHEREAS, the installation of a lifeguard monument at the north side of the Parque Del Mar/Pier Bowl area serves to honor and commemorate the lifeguards’ service and promote visitor interest in and education regarding the City’s lifeguard history; and WHEREAS, the project is located within the Coastal Zone and was reviewed by the California Coastal Commission, which approved De Minimis Waiver No. 5-24-0921-W at its February 2025 hearing. The City subsequently received a Notice of Permit Waiver Effectiveness confirming that the project may proceed without a Coastal Development Permit under the Coastal Act; and
WHEREAS, on September 3, 2024, the City Council approved the San Clemente Lifeguard and Junior Lifeguard Foundation’s proposal to design, fabricate, and install a San Clemente Lifeguard Statue in recognition of the City’s historic and ongoing commitment to public safety and lifeguard services; and
WHEREAS, the City Council adopted Resolution No. 24-139, which included language assigning maintenance responsibility for the statue to the Foundation based on the staff recommendation at the time; and
WHEREAS, during Council deliberation on the item, Councilmembers expressed a desire for the City to assume responsibility for ongoing maintenance of the artwork, though the adopted motion referenced the staff recommendation as written; and WHEREAS, the San Clemente Lifeguard Foundation has committed to funding the full cost of the design, manufacturing, and installation of the statue—estimated at $300,000—but has declined to assume ongoing maintenance responsibilities; and WHEREAS, the City desires to clarify its original intent and assume responsibility for the future maintenance of the San Clemente Lifeguard Statue; and 4 Resolution No. 25-87 Page 2
WHEREAS, the ongoing maintenance cost is estimated at $2,000 biennially and shall be funded through the General Fund budget; and
WHEREAS, this project was previously determined to be exempt from the California Environmental Quality Act ("CEQA") under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303) because it consists of the construction and location of one new small structure that will have no substantial impact on the environment.

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

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

Section 2. Resolution No. 24-139 is hereby repealed in its entirety, except for the CEQA findings.

Section 3. A lifeguard monument on the north side of Parque Del Mar, in the location depicted as Location D in Exhibit "A" of this Resolution, which is incorporated herein fully by this reference, is hereby approved. This approval is made in conjunction with the approval of a coastal development permit issued by the California Coastal Commission for the public art installation.

Section 4. The City Council approves the Maintenance Agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation for the installation of the Lifeguard Statue. By approving this agreement, the Council affirms that the City shall assume full responsibility for ongoing maintenance of the statue following installation for the term of the Agreement.

Section 5. City staff is authorized and directed to execute such other documents and take such other and further action as is necessary and proper to carry out the purposes of this resolution.

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

PASSED AND ADOPTED this _____ day of ____________________, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
5 Resolution No. 25-87 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-87 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, 2025, 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
6 7
RESOLUTION NO. 24-139

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING THE PUBLIC

ART INSTALLATION OF A LIFEGUARD MONUMENT

SPONSORED AND FUNDED BY THE SAN CLEMENTE

LIFEGUARD AND JUNIOR LIFEGUARD FOUNDATION AT

THE NORTH SIDE OF PARQUE DEL MAR SUBJECT TO

CONDITIONS AND DETERMINING THE PROJECT TO BE
CATEGORICALLY EXEMPT UNDER CLASS 3 OF THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT

GUIDELINES
WHEREAS, the City of San Clemente recognizes the valuable contributions of its lifeguards to the safety and well-being of the community; and WHEREAS, the installation of a lifeguard monument at the north side of Parque Del Mar/Pier Bowl area serves to honor and commemorate the lifeguards' service, enhance the cultural and aesthetic value and the park, and promote visitor interest in and education regarding the City's history; and
WHEREAS, the City Council acknowledges the necessity to comply with all relevant regulations and has identified the need to submit an application to the California Coastal Commission for approval of the project; and
WHEREAS, the City recognizes the importance of ensuring the proper installation and ongoing care and maintenance of the lifeguard monument and has identified the San Clemente Lifeguard and Junior Lifeguard Foundation as contributing in this effort.

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

Section 1. Based on the record as a whole, the project is determined to be categorically exempt from the California Environmental Quality Act ("CEQA") under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303) because it consists of the construction and location of one new small structure that will have no substantial impact on the environment. The construction process involves minor ground disturbance for the statue's base, which will be managed to prevent any significant effect on the surrounding area. Further, the addition of the statue aligns with the existing recreational, visitor serving and cultural use of the area. The statue will enhance the park's visual appeal, does not involve any change in land use or density and will not impact coastal resources.

Section 2. Subject to obtaining a coastal development pennit, waiver or other approval from the California Coastal Commission and subject to the San Clemente Lifeguard and Junior Lifeguard Foundation entering into an installation and maintenance agreement with the City as set forth in Section 4 below, the installation of a lifeguard monument at the north side of Parque Del Mar, in the location depicted as Location D in Exhibit "A" of this Resolution, which is incorporate herein fully by this reference, is hereby 8 Resolution No. 24-139 Page 2
conditionally approved.

Section 3. City staff is authorized and directed to proceed with an application to the California Coastal Commission for the necessary approvals related to the installation of the lifeguard monument.

Section 4. The City Manager is authorized and directed to negotiate and execute an installation and maintenance agreement with the San Clemente Lifeguard and Junior Lifeguard Foundation in a form acceptable to the City Attorney that provides that the ongoing care and maintenance of the lifeguard monument shall be provided by the San Clemente Lifeguard and Junior Lifeguard Foundation at no cost to the City.

Section 5. City staff is authorized and directed to execute such other documents and take such other and further action as is necessary and proper to carry out the purposes of this resolution.

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

PASSED AND ADOPTED this 3rd day of September, 2024.

ATTEST"
cit& !!:city of
San Clemente, California

STATE OF CALIFORNIA

COUNTY OF ORANGE

CITY OF SAN CLEMENTE
)
) §
)
Mayor of the City of an
Clemente, California
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-139 was adopted at a regular meeting of the City Council of the City of San Clemente held on the 3rd day of September, 2024, by the following vote:

AYES: DUNCAN, ENMEIER, KNOBLOCK, LOEFFLER, MAYOR CABRAL NOES: NONE
ABSENT: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this C\-tV-1 day of S?¢:tmke/: , ?-o2:1 . 9 Resolution No. 24-139
Approved as to form:

Y CLERK of the City of
San Clemente, California

10 Resolution No. 24-139 Page 4
Exhibit "A"
Attachment 3
4932-7872-2579.6

AGREEMENT FOR DONATION, INSTALLATION AND

MAINTENANCE OF PUBLIC ARTWORK
This Agreement for Donation, Installation and Maintenance of Public Artwork (“Agreement”) is made and entered into this [___] day of [______], 2025, by and between the City of San Clemente, California (the “City”) and the San Clemente Lifeguard and Junior Guard Foundation, a California nonprofit public benefit corporation (the “Foundation”), who are sometimes referred to as “Party” and collectively as the “Parties”, with respect to the following facts:

R E C I T A L S
WHEREAS, the Foundation is a nonprofit public benefit corporation, duly organized and existing under the laws of the State of California, dedicated to enhancing the safety and wellbeing of visitors to the beach through education, community partnerships, direct support of the San Clemente Marine Safety Division’s lifeguard and junior lifeguard programs, and preservation of the history and memorabilia of San Clemente lifeguarding; and WHEREAS, the Foundation intends to raise funds and commission a sculpture (the “Artwork”), created by sculptor Bill Limebrook (the “Artist”), an illustration of which is attached hereto as Exhibit A and incorporated herein by this reference, to honor and celebrate the City’s 90-plus year commitment to providing ocean lifeguard services that promote the safety of its beaches and beachgoers, and will have title to the Artwork following its construction; and WHEREAS, the Artwork is being offered to the City as a gift; and WHEREAS, the City recognizes the importance of this tribute and supports the installation of the Artwork at Parque Del Mar, a site that will enhance the community’s appreciation of San Clemente’s coastline and lifeguard history, and wishes to collaborate with the Foundation regarding the installation and ongoing maintenance of the Artwork; and WHEREAS, the city council of the City (the “City Council”) at its regular meeting of September 3, 2024 adopted Resolution No. 24-139, which, among other things, conditionally approved the installation of the Artwork at the north side of Parque Del Mar, in the location depicted as Location D (“Site”) in Exhibit “A” to Resolution No. 24-139, which is incorporated herein fully by this reference, subject to obtaining a coastal development permit, waiver or other approval from the California Coastal Commission and subject to the Foundation entering into an installation and maintenance agreement with the City as set forth in Section 4 of Resolution No. 24-139; and
WHEREAS, on September 3, 2024, the City Council found, among other things, that the addition of the Artwork at the Site aligns with the existing recreational, visitor serving and cultural use of the area, will enhance the park’s visual appeal, does not involve any change in land use or density, will not impact coastal resources and is categorically exempt from the California Environmental Quality Act (“CEQA”) under Class 3, Section 15303 of the state CEQA Guidelines (14 CCR 15303); and
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WHEREAS, on September 3, 2024, the City Council authorized the city manager to negotiate and execute an installation and maintenance agreement with the Foundation providing for the ongoing care and maintenance of the Artwork and the Parties intend this Agreement to be such installation and maintenance agreement; and
WHEREAS, on February 5, 2025, the California Coastal Commission approved a de minimis waiver for installation of the Artwork.

NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the City and the Foundation enter into this Agreement for Donation, Installation and Maintenance of Public Artwork to define their respective roles and responsibilities concerning the Artwork and hereby agree as follows:

ARTICLE 1: CONDITIONS PRECEDENT AND SCOPE OF SERVICES
1-1 CONDITIONS PRECEDENT
The conditions precedent to this Agreement becoming effective are as follows:
(a) The Parties shall have executed this Agreement by their duly authorized representatives;
(b) Following its fundraising efforts, the Foundation shall have provided written notice to the City of its intention to proceed with the commission and installation of the Artwork; and
(c) Prior to having receiving the notice set forth in paragraph (b) above, there shall have been no legal challenge filed related to the Artwork or its installation on City property.

Should any of the foregoing conditions precedent fail to occur, this Agreement shall automatically be deemed have no force or effect.
1-2 GENERAL SCOPE OF SERVICES; INSTALLATION AND MAINTENANCE (a) The Artwork shall be constructed to fit a permanent base. The Foundation shall be responsible for the commission, construction, delivery and installation of the Artwork and the base at the Site. The City and the Foundation shall mutually agree on the installation date(s) of each of the base and the Artwork. Each Party shall have a designated representative or representatives present for the delivery, siting and final installation of the Artwork. (b) As needed, the City shall provide the Foundation, its contractors and representatives access to the Site and permit them to conduct installation-related activities. The City shall waive any applicable fees and shall use its best efforts to expedite required approvals in connection with the installation-related activities. In addition, the City shall, if requested, support installation of the base and the Artwork by providing access to City crews. (c) The City shall permit, at the time of installation of the Artwork and at any time thereafter upon reasonable written notice to the City, the Foundation to modify the dedication 12 3
plaque and/or install additional donor recognition plaques, at the Foundation’s discretion, on or near the base of the Artwork. The City may not remove any donor recognition plaques without the Foundation’s prior written consent.
(d) Title to the Artwork shall pass to the City upon installation at the Site, subject to the City’s performance of its obligations under this Agreement. (e) Prior to installation, the Foundation shall prepare, in consultation with the Artist, and deliver to the City a general maintenance plan (the “Maintenance Plan”) for the Artwork, with a description of future anticipated maintenance requirements and a recommended maintenance schedule. Upon installation, the City shall be responsible for maintaining the Artwork in good condition. The Foundation shall not be responsible for preventive, corrective, ongoing or other maintenance of the Artwork. The City shall perform routine maintenance on the Artwork in accordance with the Maintenance Plan. Maintenance shall include, but is not limited to, cleaning, repair and any necessary preservation measures to ensure that the Artwork remains in good condition. In addition, the City shall be responsible for as needed cleaning and maintenance of the Artwork necessitated by graffiti, defacement or other acts of the public related to the Artwork, including, but not limited to, removing items of any kind placed on the surface of the Artwork, whether temporary or permanent in nature. (f) Within six (6) months of installation of the Artwork, the Foundation shall deliver funds to the City in an amount, agreed-upon in writing, equal to three (3) years of projected routine maintenance costs. The City shall use these funds only for maintenance of the Artwork.

After such funds are expended, maintenance shall be at the City’s sole cost and expense.

ARTICLE 2: WARRANTIES
2-1 WARRANTIES OF TITLE
The Foundation represents and warrants that:
(a) The Artwork is solely the property of the Foundation. (b) The Artwork does not infringe upon any copyright.
(c) The Artwork has not been accepted elsewhere.
(d) The Artwork is original, is unique and is limited to one casting. (e) The Artwork is free and clear of any liens from any source whatsoever. 2-2 WARRANTIES OF QUALITY AND CONDITION
The Foundation represents and warrants that:
(a) To the best knowledge of the Foundation, the execution of the Artwork has been performed in a workmanlike manner.
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(b) The Artwork, as fabricated and delivered, will be free of defects in material and workmanship, including any defects or known qualities that may cause or accelerate deterioration of the Artwork.
(c) To the best knowledge of the Foundation, reasonable maintenance of the Artwork will not require procedures substantially more than those described in the Maintenance Plan. 2-3 NOTICE AND CURE OF BREACH
(a) With reasonable promptness, the City shall give notice to the Foundation of any observed breach of any of the Foundation’s warranties under Section 2-2. (b) The Foundation shall, at the request of the City, and at no cost to the City, use reasonable commercial efforts to cure reasonably and promptly the breach of any warranty in Section 2-2 that is curable and which cure is consistent with professional standards, including, for example, using reasonable commercial efforts to cause the Artist to cure by means of repair or re-fabrication of the Artwork.

ARTICLE 3: COPYRIGHTS, CREDIT
3-1 GENERAL
The City shall have title, ownership and possession of the Artwork as installed at the Site and the Artist retains all other rights under the Copyright Act of 1976 (17 U.S.C. §106). The Foundation, pursuant to its agreement with the Artist, has a non-exclusive, royalty-free, perpetual right and license to reproduce images of the Artwork for permissible purposes including, but not limited to, any written or printed information, reproduction in books, slides, photographs, postcards, posters, calendars, film strips, magazines, and newspapers, video and television, and computer web sites and other internet-based content, and to sublicense such right, and hereby grants the City a non-exclusive, royalty free, perpetual sublicense thereof. The City has no obligation to sue or defend on behalf of the Foundation or the Artist to protect any intellectual property claims of the Foundation or the Artist.
3-2 CREDIT TO THE ARTIST AND FOUNDATION
All images of the Artwork by the City represented in any media, including digital, shall contain a credit to the Artist and to the Foundation for its donation, and the following copyright notice: “©Bill Limebrook.”
3-3 CREDIT TO THE CITY
The Foundation shall use its best efforts to give a credit in any public showing, and in any media, including digital, of illustrations or photographs of the Artwork installed at the Site under the Foundation’s control, as follows: “An original Artwork owned by the City of San Clemente.” 14 5
ARTICLE 4: SITING
For the duration of this Agreement, the Artwork will be displayed at the Site or such other appropriate location as mutually agreed by the City and the Foundation. Any relocation of the Artwork from one site to another shall be at the City’s sole cost and expense. The City shall take reasonable precautions to minimize damage to or alteration of the Artwork during removal and relocation.

ARTICLE 5: REMOVAL, ALTERATION, FIRST RIGHT OF REFUSAL
5-1 The City may temporarily remove the Artwork from public display at any time, including, but not limited to, temporary removal for maintenance or to remedy a safety hazard.

For the purposes of this Agreement, a removal is temporary if the City in good faith intends to return the Artwork to public display. A temporary removal shall last no longer than one (1) year, after which such removal will be considered permanent and subject to Section 5-3. 5-2 Subject to the maintenance obligations provided in Section 1-2(c), although the City strives to maintain its public artwork in good repair and condition, the City may, but has no further obligation to, conduct work to conserve, repair and restore the Artwork at any time whenever the City deems such work is prudent or necessary. 5-3 If the City intends to stop conducting routine maintenance or to take any action with respect to the Site or the Artwork that would (a) alter, modify, or damage the Artwork or (b) permanently remove the Artwork from public display or deaccession such work, the City shall notify the Foundation at least twenty (20) calendar days prior to authorizing any such action and request written permission. If the Foundation does not provide written permission or denial within sixty (60) calendar days of such request, the City shall have the right to alter, modify or change the Artwork, subject to the terms and conditions below:
(a) The Foundation shall have the first right of refusal to purchase all or part of the Artwork at the fair market value as determined by a qualified professional appraiser selected by the City and the Foundation for which the City and the Foundation will share the cost; (b) If the Foundation does not exercise its first right of refusal and the City proceeds, in its discretion, to sell the Artwork, the City shall pay to the Foundation the sale price, less any reasonable and documented maintenance costs related to the Artwork borne by the City; (c) If the Foundation does not exercise its first right of refusal and the City is not able to sell the Artwork, the City may permanently remove the Artwork from the Site, re-site it, store it, or dispose of it in any manner that the City sees fit; or (d) The Foundation shall have the right to have its name and donor names removed from the Artwork as an alternative remedy.

ARTICLE 6: INDEMNIFICATION
Each Party shall, to the fullest extent permitted by law, defend, indemnify and hold harmless the other Party and its officials, officers, employees, volunteers and agents from and 15 6
against any and all liability, claims, judgments, causes of action, or demands arising directly or indirectly out of this Agreement or arising in connection with or related to the Artwork, except for those determined to be caused by the negligence or willful misconduct of the indemnifying Party. This indemnity obligation shall survive the termination or expiration of this Agreement.

ARTICLE 7: COMPLIANCE
7-1 The Foundation shall be responsible for determining and shall comply with all federal, state and local laws, ordinances and regulations applicable to the performance of the Foundation’s obligations under this Agreement including, but not limited to, any applicable Public Contract Code or Labor Code requirements. The Foundation shall use reasonable commercial efforts to comply with any applicable City policies and procedures or to cause its contractors and representatives to do so.

ARTICLE 8: ENTIRE AGREEMENT
This writing and the documents referred to herein embody the entire Agreement and understanding between the Parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby.

ARTICLE 9: MODIFICATION
No alteration, change, amendment, or modification of the terms of this Agreement shall be valid, unless made in writing and signed by both Parties hereto and approved by appropriate action of the City.

ARTICLE 10: APPLICABLE LAW
This Agreement and all matters relating to it or the Artwork shall be governed by and construed in accordance with the laws of the State of California and any action brought relating to this Agreement or the Artwork shall be held exclusively in a state court in the County of Orange. Foundation hereby waives the right to remove any action from Orange County as may otherwise be permitted by California Code of Civil Procedure Section 394.

ARTICLE 11: DISPUTE RESOLUTION
11-1 If a dispute should arise regarding the performance of this Agreement or the Artwork, the following procedures shall be used to address the dispute:
(a) If the dispute is not resolved informally between representatives of Foundation and the City, then, within five (5) working days of notice from either Party notifying the other that such dispute remains outstanding and cannot be resolved informally, the Foundation shall prepare a written position statement containing the Party’s full position and a recommended method of resolution and shall deliver the position statement to the City’s contract officer, which is hereby designated as Samantha Wylie or whomever the city manager may hereafter designate (the “Contract Officer”).
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(b) Within ten (10) working days of receipt of the position statement, the Contract Officer shall prepare a response statement containing the City’s full position and a recommended method of resolution and shall deliver the response statement to the Foundation. (c) After the exchange of statements, if the dispute is not resolved within ten (10) working days, the Foundation and the Contract Officer shall deliver the statements to the city manager who shall make a recommendation within fifteen (15) working days regarding resolution of such dispute.
11-2 If the dispute remains unresolved for fifteen (15) days following the city manager’s recommendation, and the Parties have exhausted the procedures of this Article 11, either Party may then seek resolution by mediation or such other remedies available to them by law or in equity.

ARTICLE 12: ASSIGNMENT
This Agreement is an agreement between the Parties and there are no third party beneficiaries under this Agreement. The Foundation shall not assign, encumber, or transfer, voluntarily or involuntarily, any of its rights, duties, or obligations under this Agreement without the prior express written consent of the City in each instance. Any such assignment, transfer, or encumbrance given without written consent of the City shall be void and, at the option of the City, shall render this Agreement void.

ARTICLE 13: SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of the City and of the Foundation and of their respective successors and permitted assigns. In the event the Foundation ceases to exist prior to the end of the term of this Agreement, as described in Article 16, the parties agree to cooperate in good faith to identify a suitable successor.

ARTICLE 14: NOTICES
All notices, requests, demands and other communications that are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon delivery and receipt thereof, as the case may be, if delivered personally, sent by email, or sent by certified mail, return receipt request, postage-prepaid as follows:

THE CITY: City of San Clemente
City Clerk
910 Calle Negocio
San Clemente, CA 92673
Email: [[email protected]
FOUNDATION: San Clemente Lifeguard and Junior Lifeguard Foundation Attn: Greg Hulsizer
PO Box 200
San Clemente, CA 92674
17 8
Email: [_____________________]
ARTICLE 15: SURVIVING ARTICLES
15-1 All provisions of this Agreement that by their express terms survive termination or expiration of this Agreement, including the indemnification obligations, shall survive termination or expiration of this Agreement and the date by which all obligations required under this Agreement have been performed.

ARTICLE 16: TERM AND TERMINATION
16-1 The initial term of this Agreement shall be for a period of twenty (20) years from the date that the Artwork is installed, unless earlier terminated or extended by mutual written agreement of both Parties. No later than one (1) year prior to the end of the initial term, the City and Foundation will meet and confer in good faith regarding potential extension of the Agreement, disposition of the sculpture, or other matters of interest by either party. After the expiration or earlier termination of this Agreement, the City shall have the right to maintain or dispose of the Artwork as it sees fit.

ARTICLE 17: SIGNATURES
17-1 This Agreement may be executed electronically and in any number of counterparts, which together shall constitute one instrument with the same force and effect as original ink signatures.
17-2 Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority, capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. Each signatory further warrants and represents that it will defend and indemnify the other Party should the foregoing representation prove false. 18 9
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective authorized officers or representatives as of the day and year first set forth above.

CITY
City of San Clemente,
a California municipal corporation
By:

Andy Hall, City Manager Date

FOUNDATION
San Clemente Lifeguard & Junior Guard
Foundation, a California nonprofit corporation
By:

Greg Hulsizer, President Date
By: _________________________________
Larry Moore, Vice President Date
APPROVED AS TO FORM:

By:

Elizabeth A. Mitchell Date
ATTEST:

By:

City Clerk Date
19 10
Exhibit A
Artwork
20 11
21 CITY OF SAN CLEMENTE
Tuesday, June 3, 2025
City Council
Regular Meeting Minutes
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
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 June 3, 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
Motion by Mayor Pro Tem Enmeier, second by Mayor Knoblock, CARRIED 5-0, to recess to Closed Session at 4:30 p.m. to discuss the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: City of San Clemente v. Alfie Shahid, et al., Orange County Superior Court Case No. 30-2024-01381591-CU-MC-CJC
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Closed Session concluded at 4:46 p.m.

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

INVOCATION
Pastor Karl Stuckenberg, St. Andrew's By-the-Sea United Methodist Church, gave the invocation.

1 Agenda Item: 11A(1)
City Council Regular Meeting Minutes June 3, 2025

PLEDGE OF ALLEGIANCE
Councilmember Cabral led the Pledge of Allegiance.

1. Special Presentations
None.

2. Oral Communications (Part 1)
The following individuals spoke in opposition to extending the amortization of short term lodging units:

Matthew Flesher, San Clemente
Chuck Linnert
Dan Bowman
Chris Booth, San Clemente
Marcia Rouvell, San Clemente
Wayne Eggleston
Gale Gordon, San Clemente
Tricia Mading
Kathy Ward, San Clemente
Carter Redish, San Clemente
David Hurwitz, San Clemente
Joe Janis
Bernice Rivera-Giles
Kristi Dassonville, San Clemente
Lois McNicoll narrated a video of work being performed by the Orange County Transportation Authority along the railroad tracks; urged the City Council to take action on items of interest to the community. A copy of the video is on file with the City Clerk.

Donna Vidrine commented on the upcoming 2028 Olympics; recognized the Beaches, Parks and Recreation Memorial Day Observance and the Downtown Business Association's Annual Car Show.

Amanda Quintanilla commented on the history of short term lodging units within the City; commented on the proposed battery storage facility in San Juan Capistrano.

Suzie Lantz, San Clemente Chamber of Commerce, narrated a PowerPoint presentation on upcoming events. A hard copy of the presentation is on file with the City Clerk.

Reorganization of Agenda
The City Council considered Item 11A(1) City Council Regular Meeting Minutes of May 20, 2025 prior to Item No. 3 - Councilmember Reports on the agenda, please reference page 14 of these minutes for a summary of action.

2 City Council Regular Meeting Minutes June 3, 2025

3. Council Member Reports
Councilmember Wu:
· Attended the Memorial Day Observance on May 26, 2025 at the Community Center.
· Attended the Park Semper Fi 20th Anniversary Memorial Day event on May 26, 2025.
· Attended the white sea bass release on May 28, 2025.
· Attended the Downtown Business Association Car Show on May 31, 2025.

Councilmember Loeffler:
· Spoke with a resident regarding an issue at Shorecliffs on May 21, 2025. · Spoke with a resident regarding San Diego Gas & Electric gas line installation on May 21, 2025.
· Met with a resident concerning a possible code violation on May 22, 2025. · Contacted San Diego Gas & Electric government affairs representative regarding a gas line issue on May 23, 2025.
· Attended the Memorial Day Observance on May 26, 2025 at the Community Center.
· Attended the Park Semper Fi 20th Anniversary Memorial Day event on May 26, 2025.
· Attended a Desalination briefing with the City Manager and Public Works Director/City Engineer on May 27, 2025.
· Attended a Public Safety Committee Meeting on May 27, 2025. · Judged the culinary competition at San Clemente High School on May 28, 2025.
· Attended PierPride meeting with Supervisor Foley’s office concerning the pier entrance project on May 30, 2025.
· Attended the Orange County Fire Authority Best and Bravest ceremony on May 30, 2025.
· Spoke with residents regarding concerns related to short term lodging units on June 2, 2025.
· Responded to numerous resident emails regarding short term lodging units on June 2, 2025.

Councilmember Cabral:
· Toured the Orange County Transportation Authority (OCTA) revetment work along the Railroad tracks.
· Toured the Linda Lane Pump Station.
· Met with San Diego Gas & Electric concerning available sand at Prado Dam. · Participated in a community discussion concerning public safety. · Met with a representative from Local 3861 Orange County Professional Firefighters concerning issues within the association.
· Attended the Orange County Fire Authority Board Meeting on May 22, 2025. · Attended the Polynesian Festival on May 24, 2025 at the San Clemente Community Center.

3 City Council Regular Meeting Minutes June 3, 2025
· Attended the Memorial Day Observance on May 26, 2025 at the Community Center.
· Attended the Park Semper Fi 20th Anniversary Memorial Day event on May 26, 2025.
· Attended the Investment Advisory Committee meeting on May 27, 2025. · Attended a meeting with a state senator.
· Attended an open house with State Senator Strickland on May 30, 2025. · Attended the Orange County Taxpayers Association luncheon on May 30, 2025.
· Attended the Orange County Fire Authority Best and Bravest ceremony on May 30, 2025.
· Attended a meeting with the Association of California Cities - Orange County on June 2, 2025.
· Announced “Olympic Day” on June 23, 2025.
· Attended the Downtown Business Association Car Show and announced the winners on May 31, 2025.

Mayor Pro Tem Enmeier:
· Attended the Cal Cities Coastal Leadership Committee meeting on May 22, 2025.
· Attended the Memorial Day Observance on May 26, 2025 at the Community Center.
· Attended the Park Semper Fi 20th Anniversary Memorial Day event on May 26, 2025.
· Attended the white sea bass release on May 28, 2025.
· Attended the Orange County Fire Authority Best and Bravest ceremony on May 30, 2025.
· Attended the Statement on Auditing Standards (SAS) No. 99 Fraud Inquiry meeting on May 29, 2025.

Mayor Knoblock:
· Attended the Orange County Vector Control Meeting on May 15, 2025. · Toured Linda Lane Pump Station on June 3, 2025.
· Toured the Orange County Transportation Authority (OCTA) revetment work along the Railroad tracks.
· Toured the Port of Long Beach regarding available surveillance technology on May 29, 2025.
· Attended the Memorial Day Observance on May 26, 2025 at the Community Center.
· Attended the Park Semper Fi 20th Anniversary Memorial Day event on May 26, 2025.
· Attended the Downtown Business Association Car Show on May 31, 2025. · Site Tour at Prado Dam on May 28, 2025.
· Met with State Senator Strickland; announced Senator Strickland will tour San Clemente.

4 City Council Regular Meeting Minutes June 3, 2025

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

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Existing litigation pursuant to Government Code Section 54956.9(d)(1) Number of Cases: 1
Case Name: City of San Clemente v. Alfie Shahid, et al., Orange County Superior Court Case No. 30-2024-01381591-CU-MC-CJC

7. Staff Communications
City Manager Hall displayed a PowerPoint concerning public hearing information/public comment portal and additional resources concerning the public hearing for the proposed battery storage site in San Juan Capistrano. A hard copy of the presentation is on file with the City Clerk.

8. Public Hearings
8A. CONTINUED PUBLIC HEARING REGARDING THE INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING EXHIBIT “A” OF CHAPTER 8.22

OF THE SAN CLEMENTE MUNICIPAL CODE, RELATING TO THE VERY

HIGH, HIGH, AND MODERATE FIRE HAZARD SEVERITY ZONES
Mayor Knoblock opened the public hearing.

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 introduce and conduct the first reading of Ordinance 1791 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF

THE SAN CLEMENTE MUNICIPAL CODE TO INCLUDE UPDATES TO THE

MAP CLASSIFICATION OF MODERATE, HIGH AND VERY HIGH FIRE HAZARD SEVERITY ZONES WITHIN THE CITY OF SAN CLEMENTE.

5 City Council Regular Meeting Minutes June 3, 2025
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
8B. STATUS REPORT ON CITY OF SAN CLEMENTE POSITION VACANCIES

AND RECRUITMENT AND RETENTION EFFORTS IN COMPLIANCE WITH ASSEMBLY BILL 2561/GOVERNMENT CODE SECTION 3502.3
Mayor Knoblock opened the public hearing.

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 receive and file the Administrative Report dated June 6, 2025 and on file with the City Clerk.

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

9. Unfinished Business
9A. CONTINUED DISCUSSION REGARDING THE POSSIBLE CREATION OF A

LOCAL OLYMPIC COMMITTEE OR AD HOC SUB-COMMITTEE TO

ADDRESS THE OPPORTUNITIES AND CONCERNS ASSOCIATED WITH
HOSTING A PORTION OF THE LOS ANGELES OLYMPIC GAMES 2028 Amanda Quintanilla spoke in support of a citizen committee for the 2028 Olympics.

Kristi Dassonville, San Clemente, spoke in support of an Olympic Committee.

Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to table this item and take no action.

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

6 City Council Regular Meeting Minutes June 3, 2025

10. New Business
10A. FISCAL YEAR 2025-26 BUDGET ADJUSTMENTS AND ADOPTION OF A

RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2025-26
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to:

1. Adopt Resolution No. 25-71 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADOPTING

AND APPROVING THE ADJUSTMENTS TO THE CITY OF SAN
CLEMENTE MUNICIPAL BUDGET FOR FISCAL YEAR 2025-26.

2. Adopt Resolution No. 25-72 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

ESTABLISHING AN APPROPRIATIONS LIMIT PURSUANT TO ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10B. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING

REVISED SALARY SCHEDULE FOR YEAR TWO OF THE APPROVED
FISCAL YEARS 2024-25 AND 2025-26 BUDGET
Councilmember Cabral summarized the final actions on salaries, salary schedule and compensation paid in the form of fringe benefits to local agency executives, specifically that adoption of Resolution No. 25-73, would approve a salary increase of 3% for all benefited full time City employees, including executive management positions, as well as approving a revised salary schedule effective July 7, 2025.

Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to adopt Resolution No. 25-73, approving a classification change and revised salary schedule effective July 7, 2025.

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

7 City Council Regular Meeting Minutes June 3, 2025
10C. CONSIDERATION OF EXTENDING THE GOAT GRAZING NOXIOUS WEED AND FIRE FUEL REDUCTION PILOT PROGRAM UNTIL DECEMBER 31, 2025 Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 5-0, to continue this item to the June 17, 2025 City Council meeting.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10D. CONSIDERATION OF A RESOLUTION AWARDING AN EMERGENCY

CONSTRUCTION CONTRACT TO ALLIANCE DIVERSIFIED ENTERPRISES INC. FOR THE INSTALLATION OF CAISSONS AND TIEBACKS FOR THE MARQUITA SLOPE INTERIM RECONSTRUCT, CIP PROJECT NO. 21208, IN AN AMOUNT NOT TO EXCEED $2,292,421, APPROVING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $605,996, AUTHORIZING THE CITY

MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT, AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Amanda Quintanilla expressed concerns regarding the California Joint Powers Insurance Authority (CJPIA) coverage; spoke in support of competitively bidding this project.

Mike Kay commented on the competitive bidding process.

Motion by Councilmember Cabral, second by Councilmember Wu, CARRIED 5-0, to:

1. To direct staff to competitively bid the installation of caissons and tiebacks for the Marquita Slope Interim Reconstruct Project with prioritization of time reduction when possible.

2. Direct staff to take necessary action to extend the emergency coastal permit with the California Coastal Commission for the installation of caissons and tiebacks for the Marquita Slope Interim Reconstruct Project.

3. Direct staff to develop plans and specifications for the installation of caissons and tiebacks for the Marquita Slope Interim Reconstruct Project as soon as possible.

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

8 City Council Regular Meeting Minutes June 3, 2025
10E. FY 2025-26 CONTRACT BETWEEN THE CITY OF SAN CLEMENTE AND THE

COUNTY OF ORANGE FOR POLICE SERVICES
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 25-75 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COUNTY OF ORANGE FOR POLICE SERVICES FOR FY 2025-26.

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

11. Consent Calendar
The City Council removed Items 11A(1), 11K and 11M for discussion.

B. Commission/Committee Minutes
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to receive and file the following:
(1) PUBLIC SAFETY COMMITTEE REGULAR MEETING MINUTES OF APRIL 22, 2025.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
C. Warrant Register
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to:
(1) APPROVE WIRE TRANSFER NOS.
3242 THROUGH 3247 AND WARRANT NOS.
604687 THROUGH 604831, PAID ON
5-16-25, IN THE AMOUNT OF $1,664,625.69
(2) APPROVE WARRANT NOS.
604832 THROUGH 604959, PAID ON
5-23-25, IN THE AMOUNT OF $946,837.57
TOTAL WARRANT REGISTER $2,611,463.26
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

9 City Council Regular Meeting Minutes June 3, 2025
Payroll Register
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to:

APPROVE WARRANT NO. 978 AND
AUTOMATIC DEPOSIT ADVISES 102973
THROUGH 103329, FOR THE PERIOD
4-28-25 THROUGH 5-11-25, PAID
ON 5-16-25, IN THE AMOUNT OF $534,311.81
TOTAL PAYROLL REGISTER $534,311.81
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11D. ADOPT ORDINANCE NO. 1790 (SECOND READING) - IMPOSING TERM

LIMITS ON CITY COMMISSIONS AND COMMITTEES, WITH THE EXCEPTION

OF THE PLANNING COMMISSION
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Ordinance No. 1790 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, ADDING SECTIONS 2.28.080, 2.36.080, 2.43.080, 2.45.080 AND 2.46.080 TO THE

MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE TO ADD TERM LIMITS,

RELATING TO THE BEACHES, PARKS AND RECREATION COMMISSION,

GOLF COURSE COMMITTEE, INVESTMENT ADVISORY COMMITTEE, ARTS

AND CULTURE COMMITTEE, AND COMMUNITY SAFETY AND WELFARE COMMITTEE, RESPECTIVELY.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11E. ADOPT ORDINANCE NO. 1792 (SECOND READING) - DELETING SECTION

15.08.020(H)8 AND ADDING CHAPTER 15.19 - ELECTRIC VEHICLE CHARGING STATIONS TO TITLE 15 - BUILDINGS AND CONSTRUCTION OF

THE SAN CLEMENTE MUNICIPAL CODE, TO PROVIDE AN EXPEDITED,

STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE

CHARGING SYSTEMS AND FINDING THE ORDINANCE EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Ordinance No. 1792 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DELETING SECTION 15.08.020(H)(8) AND ADDING CHAPTER 15.19 TO TITLE 15 OF

THE SAN CLEMENTE MUNICIPAL CODE TO SET FORTH AN EXPEDITED,

STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE
CHARGING SYSTEMS.

10 City Council Regular Meeting Minutes June 3, 2025
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11F. RESOLUTION SETTING COMPENSATION FOR ALL CITY COMMISSIONS AND COMMITTEES AND REPEALING RESOLUTION NOS. 99-56, 23-75 AND 23-88
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 25-76 entitled A RESOLUTION OF THE

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

TO COMPENSATION PAID TO MEMBERS OF THE ARTS AND CULTURE

COMMITTEE, BEACHES, PARKS AND RECREATION COMMISSION,

COMMUNITY SAFETY AND WELFARE COMMITTEE, DESIGN REVIEW

SUBCOMMITTEE, GOLF COURSE COMMITTEE, INVESTMENT ADVISORY

COMMITTEE AND PLANNING COMMISSION AND REPEALING RESOLUTION NOS. 99-56, 23-75 AND 23-88.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11G. RECORDS DESTRUCTION
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to Adopt Resolution No. 25-77 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS AS
PROVIDED BY SECTION 34090 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

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

11 City Council Regular Meeting Minutes June 3, 2025
11H. NOTICE OF COMPLETION - REPLACEMENT OF PLAYGROUND

SUBSTRATE SURFACING AT SAN GORGONIO PARK
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 25-78, which will:

1. Accept the replacement of the playground surfacing at San Gorgonio Park, PN 11148, from the contractor, Robertson Industries, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the playground surfacing replacement at San Gorgonio Park.

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

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11I. CONSIDERATION OF A RESOLUTION REJECTING ALL BIDS FOR THE

CAMINO VERA CRUZ RECYCLED WATER LINE EXTENSION, CIP PROJECT NO. 17407
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 25-79, which will:

1. Reject all bids received on May 5, 2025, for the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407, pursuant to Section 20166 of the Public Contract Code.

2. Authorize staff to re-scope the bid package and re-bid the Camino Vera Cruz Recycled Water Line Extension, CIP Project No. 17407, with a revised project scope.

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

12 City Council Regular Meeting Minutes June 3, 2025
11J. CONTRACT AWARD - REHABILITATION OF TWO (2) 6” A.C.P. DOMESTIC

WATER LINES AS PART OF EL LEVANTE PRESSURE REDUCING STATION

REHABILITATION, AND FINDING THE PROJECT CATEGORICALLY

EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No 25-80, which will:

1. Find the Rehabilitation of 6” A.C.P. Domestic Water Lines, CIP Project No. 15409, categorically exempt from the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities, 14 CCR section 15301) of the State CEQA Guidelines.

2. Award the Rehabilitation of 6” A.C.P. Domestic Water Lines construction contract to ADV Reline, Inc.

3. Approve, and authorize the City Manager to execute, Contract No. C25- 29, by and between the City of San Clemente and ADV Reline, Inc., providing for the Rehabilitation of 6” A.C.P. Domestic Water Lines, in an amount not to exceed $74,596, in a form substantially similar to Contract No. 25-29 (Attachment 1).

4. Authorize the City Manager or designee to approve total project overages not to exceed 10 percent of the construction costs.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11L. CONSIDERATION OF A RESOLUTION TO DESIGNATE FISCAL YEAR (FY) 2025-2026 STREET REHABILITATION PROJECTS PURSUANT TO SENATE BILL 1 (SB 1) THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 Motion by Councilmember Cabral, second by Councilmember Loeffler, CARRIED 5-0, to adopt Resolution No. 25-82 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2025-2026 FUNDED BY SENATE BILL 1 (SB 1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 AND FINDING

THE PROJECTS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301), AND CLASS 2 (REPLACEMENT OR RECONSTRUCTION, 14 CCR SECTION 15302) OF THE STATE CEQA GUIDELINES.

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

13 City Council Regular Meeting Minutes June 3, 2025

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION
11A1. APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MAY 20, 2025.

Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 4-0 (Councilmember Wu abstained), to amend the minutes of May 20, 2025 Item 10E to have the motion read as follows: (Italicized text is added to the minutes)
Motion by Councilmember Cabral, second by Mayor Knoblock, CARRIED 4-1 (Councilmember Wu voting NOE) to direct the Planning Commission and staff to review and make recommendations to the City Council concerning the following:

1. Extend the amortization period for the amortized short term lodging units (STLUs) on a regular on-going basis subject to annual review as long as there are no major issues/violations for the short term lodging unit.

2. Increase development potential of hotels and motels City-wide through zoning code enhancements or other special exceptions, beyond the zoning modifications currently contemplated as part of the Gateway Overly.

3. Expand the allowed areas or capacities for STLUs, including the option for a limited-term expansion related to the 2028 Olympics or other major regional events.

AYE: Cabral, Enmeier, Loeffler and Mayor Knoblock
NOE: None
ABSTAIN: Wu
11K. OFFSHORE SAND SOURCE INVESTIGATION BUDGET INCREASE,

CONSIDERATION OF ENTERING INTO AN AGREEMENT WITH THE

ORANGE COUNTY TRANSPORTATION AUTHORITY AND SUBSEQUENTLY

AMENDING THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL

FRONTIERS
Amanda Quintanilla spoke in support of the project.

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

1. Adopt Resolution No. 25-81 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING

AN AGREEMENT WITH THE ORANGE COUNTY TRANSPORTATION

AUTHORITY AND SUBSEQUENTLY AMENDING THE PROFESSIONAL

SERVICES AGREEMENT WITH COASTAL FRONTIERS FOR THE
OFFSHORE BORROW SITE INVESTIGATION.

14 City Council Regular Meeting Minutes June 3, 2025

2. Approve, and authorize the City Manager to execute, Contract No. C25-30, by and between the City of San Clemente and the Orange County Transportation Authority, providing for additional funding for the offshore sand source investigation, in the amount of $180,000 in a form substantially similar to Contract No. C25-30 (Attachment 1).

3. Approve, and authorize the City Manager to execute, Amendment No. 1 to Contract No. C24-61, by and between the City of San Clemente and Coastal Frontiers, providing for additional funding for the offshore sand source investigation to allow for additional sand site exploration studies for the Coastal Rail Stabilization Priority Project, the total compensation shall not exceed $976,266.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11M. CONSIDERATION OF A RESOLUTION FOR RENEWED MEASURE M2 ANNUAL FUNDING ELIGIBILITY - FISCAL YEAR 2025-2026
Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to:

1. Approve and adopt the 2025 Measure M2 Seven-Year Capital Improvement Program for Fiscal Years 2025-2026 through 2031-2032.

2. Adopt Resolution No. 25-83 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE CONCERNING THE STATUS

AND UPDATE OF THE CIRCULATION ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM.

3. Adopt Resolution No. 25-84 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE CONCERNING THE STATUS

AND UPDATE OF THE PAVEMENT MANAGEMENT PLAN FOR THE
MEASURE M (M2) PROGRAM.

12. Oral Communications (Part 2)
None.

13. Future Agenda Items
Olympic Day Presentation
Councilmember Cabral, with the support of Councilmember Loeffler, requested that the City Manager to work with the LA 28 Olympic Committee regarding a presentation for "Olympic Day" at the June 17, 2025 City Council meeting.

15 City Council Regular Meeting Minutes June 3, 2025
Short Term Lodging Units Amortization
Councilmember Loeffler, with the support of Councilmember Wu and Mayor Pro Tem Enmeier, agendized consideration of the expiration of the short term lodging units amortization issue for the June 17, 2025 City Council meeting.

14. Reports
A. City Attorney
None.

B. City Manager
City Manager Hall announced he executed the following contracts under his signature authority:

1. Landscape Structures Inc. providing for the Bonito Canyon Park Playground Shade Structure in the amount of $47,137.42.

2. We Do Lights providing for T-Zone Year-Round Tree Lighting in the amount of $29,389.50.

3. Ninyo and Moore Geotechnical & Environmental Sciences Consultants providing for materials testing for the El Camino Real Lane Configuration & Buffered Bike Lane Project in the amount of $24,403.

World Surf League
Councilmember Cabral announced that the World Surf League (WSL) will hold its Lexus Trestles Pro event June 9-17 at Lower Trestles.

15. Adjournment
Motion by Mayor Knoblock, second by Councilmember Cabral, CARRIED 5-0, to adjourn at 7:39 p.m. to an Adjourned Regular Meeting to be held on June 17, 2025 at 1:00 p.m. for the purpose of conducting Commission and Committee interviews and appointments. 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

16 City Council Regular Meeting Minutes June 3, 2025
_______________________________
Steve Knoblock, Mayor of the City of
San Clemente, California
_______________________________
CITY CLERK of the City of
San Clemente, California

17 CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
May 8, 2025
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on May 8, 2025 at 3:01 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Zach Rehm, Principal Planner
Laura Coury, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of April 17, 2025.

ZA Atamian received and filed the minutes for the regular meeting of April 17, 2024.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-172, Temporary Use Permit (TUP) 25- 128, Santa Margarita Stake Youth Conference, 310 Avenida Vista Montana
A public hearing to request the Zoning Administrator to approve Temporary Use Permit (TUP) 25-128 to host approximately 200 attendees over four (4) days on the Church of Jesus Christ Latter-Day Saints property located at 310 Avenida Vista Montana. Proposed set-up includes a Tabernacle tent and ceremonial tree to be lit in the evening until 10 pm on Thursday, May 22, 2025 and the following Friday May 23, 2025, with day time and evening activities (no overnight) Friday, May 23, 2025 from 7:00 p.m. to 10:00 p.m.; and Saturday May 24, 2025 through Monday, May 26, 2025 from 8:00 a.m. to 10:00 p.m. Tear down of the temporary improvements will take place Tuesday, May 27, 2025.
1 Agenda Item: 11B(1)
Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 2 The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities) and §15311 (Class 11: Accessory Structures).

Assistant Laura Coury summarized the request for a Temporary Use Permit (TUP25128) for the Santa Margarita State Church Youth Conference 2025.

The event is scheduled to occur from May 22 to May 27, 2025, at the Church of Jesus Christ of Latter-day Saints (“Church”), located at the corner of Calle Del Cerro and Avenida Vista Montana. Key details included:
• Setup Dates: May 22-23, 2025
• Event Dates:
o Friday, May 23, 2025: Activities from 7:00 p.m. to 10:00 p.m. o Saturday, May 24 - Monday, May 26, 2025: Activities from 8:00 a.m. to 10:00 p.m.
• Tear down Date: Tuesday, May 27, 2025
• The event aims to gather approximately 200 youth, aged 14 to 18, for educational and spiritual activities, including a representation of the biblical tabernacle. Attendees are encouraged to carpool to minimize traffic congestion.
• The application meets criteria set out in local zoning codes, with provisions included to address potential issues related to:
o Noise levels
o Traffic management
o Parking arrangements
o Event timing
• The Church proposes using a section of the parking lot, which has a total of 319 spaces, allowing ostensibly enough remaining spaces for other potential visitors.

Zach Rehm, Principal Planner, provided additional information concerning public comments received on traffic and noise concerns. He added that the proposed event should not create significant parking issues or traffic congestion, given the Church’s extensive parking facilities, particularly because most attendees would carpool.

Applicants Autumn Johnson and Jeff Stark were introduced. Mr. Stark, a representative from the Church, highlighted the purpose of the youth conference: to serve as a learning and community-building experience for young Church members. He addressed concerns regarding traffic and parking from previous events, emphasizing the Church’s commitment to improving communication and management of future gatherings. Mr. Stark also confirmed that activities would not exceed established noise levels and that most youngsters would be driven by others, or carpool, due to age restrictions on driving.

ZA Atamian opened the public hearing for public comments:
2 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 3 Robert Carson: neighboring resident cited passed issues where Church events led to overflow parking in private residential areas, asserting a need for better management. Mr. Carson referenced issues addressed in a letter sent from the homeowners association’s legal counsel.

Tim Brown: member of the Church supported the event and acknowledged the need for sensitivity regarding parking issues while emphasizing the public use and compatibility of the property with the neighborhood; and the importance of the Church’s activities to youth spiritual development.

ZA Atamian disclosed his familiarity with the site and receipt of several written communications: Jessica Bennett, Philip Carpenter, Michele Oberholtzer and Janna Ferraro, Esq., of Flanagan Law, APC, legal counsel for Rancho Cristianitos Homeowners Association.

ZA Atamian emphasized the community’s right to govern local land use via zoning laws while respecting the religious expression protected by federal law, particularly the Religious Land Use and Institutionalized Persons Act (RLUIPA) that is found in Title 42 of the Public Health and Welfare, Chapter 21(c), §2000(cc). ZA Atamian cited the applicable sections of the law for the record.

Summarizing the law, ZA Atamian indicated that RLUIPA prohibits local governments from imposing substantial burdens on religious practices. The right of religious expression is protected and that all governments must attempt to facilitate the expression of those freedoms in the least restrictive manner possible.

ZA Atamian addressed each written communication individually, and provided the following comments in response to the concerns raised in individual, or multiple, written communications:

Hearing Notice: Two communications referenced an error in the noticing date. ZA Atamian reviewed the public notices that were mailed containing the legally-required information, including, but not limited to, the hearing date of May 8, 2025, with the time and location at the top of the postcard; and he acknowledged the subsequent paragraph that erroneously stated April 17, 2025. ZA Atamian also stated that the postcards were postmarked on April 24, 2025 and the sentence in future tense, clarifies the error. ZA Atamian highlighted that there were many undeliverable postcards returned, one being the Rancho Cristianitos Homeowners Association as they most likely own a piece of property that does not have a title for tax purposes and suggested that the association update their information. Mr.

Carson stated that he did not receive a notice, and ZA Atamian advise that only property owners within 300’ receive notices.

Parking: ZA Atamian asked applicants to project attendance for the proposed event, regular services and group tours on Saturday and Sunday that weekend. Mr. Stark described the expectation with a holiday weekend 3 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 4 and estimated around 120-150 cars could be expected, but preferred to be consistent with 200 spaces. Mr. Stark also stated that the gaming areas is being removed on Saturday resulting in 300 spaces on Sunday.

Proximity of Church to Residential Area: ZA Atamian stated that the Rancho San Clemente Specific Plan permits churches, temples and other places of worship within all residential zones through a conditional use permit. Therefore, in the context of this Church’s location within an Institutional Zone, it can be seen as a land use that would otherwise be conditionally permitted similarly to the neighboring residential zones. If the subject zone was residentially zoned, a similar conditional use permit could be approved. RLUIPA would apply.

Unpermitted Events: ZA Atamian was aware of events where the City’s Code Compliance staff reported sound and parking impacts. However, ZA Atamian’s personal experience was that the leadership resolved the issues in cooperation with the City, and such events have not been reported since.

Visual Impacts: ZA Atamian reiterated that the visual aesthetics of the tent and the grounds are not in the purview of the City’s review of temporary use permits in this instance, as it relates to the expression of religious freedom and view obstruction is not regulated in the City of San Clemente. The proposed tent meets the typical height requirements of the zone.

Timing of Marketing vs. Permits: ZA Atamian stated that applicants often do not allow ample timing for the processing special event permits; yet staff does their best to facilitate all requests expeditiously. This often results in applicants marketing their event prior to approval of the necessary permits.

Holiday Weekend: ZA Atamian stated he does not see an issue due to the timing of the event and attendance projections.

Attractive Nuisance: ZA Atamian stated that he would not expect unwanted guests at this type of event on a holiday weekend.

Noise: ZA Atamian noted that the application indicated no amplified sound, which is also prohibited in the Conditions of Approval with exception to the tree ceremony on Friday evening with a single speaker. Mr. Stark confirmed that there will be no music.

Tree: Mr. Stark confirmed that the tree being used for the tree lighting portion of the event is an existing tree on the site.

ZA Atamian read sections of the letter from Janna Ferraro, Esq representing the homeowner’s association and highlighted the following:

Parking: ZA Atamian stated that within the criteria of the application, there doesn’t appear to be an expectation of parking spillover; however, people are free to park wherever they are legally able. When it comes to private 4 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 5 streets, parking is only allowed with permission from residents or if they have legitimate business within that neighborhood, and signage is typically posted accordingly. Parking on those streets can result in a vehicle being towed off the premises. ZA Atamian strongly encouraged the Church’s leadership to communicate to their members and event attendees to park in the Church’s lot and not in the neighborhood. Condition 7.15 allows the City Planner to identify parking issues and to mitigate such issues.

Parking Enforcement: ZA Atamian further stated that this event should not require Parking Enforcement Officers given the nature of the event, and that residents can call the Orange County Sheriff’s Department to address a parking situation on the neighboring streets.

Building Use: ZA Atamian stated that requesting the event to be hosted solely in the Church building violated RLUIPA and that the City approves many outdoor activities and events for non-religious functions including the pickleball tournaments hosted at Lifetime Fitness several times a year.

Original Entitlements: ZA Atamian read the section that challenged the staff conclusion that the 4-day event is in conformance to the original entitlements. ZA Atamian supported staff’s determination, in that a religious activity is being provided on a property that has entitlements to operate as a religious facility. The mere fact that the applicant’s are applying for a temporary use permit indicates that staff did not interpret this event as being covered under the original entitlements, only that it is consistent with the land use contemplated by them.

Previous Events: ZA Atamian and the applicants discussed previous youth stake events and the impact of parking and traffic. It was discovered that a previous Sunday stake event was held some time ago on the same day of services, resulting in higher attendance.

There being no further questions of staff or the applicant, ZA Atamian closed the public hearing.

ZA Atamian determined the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities) and §15311 (Class 11: Accessory Structures).

Action: The Zoning Administrator adopted the alternate Resolution ZA25- 010 approving Temporary Use Permit 25-128, Santa Margarita Stake Church Youth Conference 2025 at the Church of Jesus Christ of LatterDay Saints at 310 Avenida Vista Montana, subject to the Conditions of Approval with the following modifications to the Resolution and Conditions of Approval (COA):
• Add Section 3(E): This determination provides for the regulation of the requested event in a manner that furthers a compelling governmental interest in the least restrictive means possible. 5 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 6 • Add COA 1.14: "All outdoor lighting, including string lights, shall be shielded to the extent feasible to direct light away from adjoining properties and limited to illuminating the tree no later than 9:30 p.m.”
• Add COA 1.15: “Applicant may request the presence of Code Compliance staff to assist in determining compliance with Condition of Approval 1.14 as it relates to the illumination of the tree and the directionality of the lighting.”
• Change COA 7.29: Strike “8:00 a.m. to 8:00 p.m. on Thursday, May 22”; and strike “Lastly, Tuesday May 27th, Tabernacle Take Down.” • Change COA 7.30: “…Event setup shall be limited from May 22 to May 25, 8:00 a.m. to 10:00 p.m. and shall be cleaned and restored to its original condition by 12:00 p.m., May 26, 2025. A request to change…”
• Add COA 7.31: “The maximum reduction of parking for the games area shall be limited to no more than 90 parking spaces.” • Add COA 7.32: “Applicants shall provide information and encourage all event participants to park on site during the duration of the event, including parking for typical Church operations.” • Add COA 7.33: “The game area shall be limited to events including team building exercises, and the like, without the provision of booths or carnival-like games.”
• Add COA 7.34: “Amplified sound shall only be provided and permitted on Friday evening during the tree lighting ceremony and shall not exceed a volume threshold of 50 decibles as measured in C weighting.”
• Change Title Block: Title block to reflect changes made to hours and/or operations as specified in the above-referenced changes made to the Conditions of Approval.

5. NEW BUSINESS
None.

6. OLD BUSINESS
None.
6 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 7

7. ADJOURNMENT
The meeting adjourned at 4:08 p.m. to a Regular Meeting of the Zoning Administrator, which will be held Thursday, May 22, 2025 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
_____________________________________
Adam Atamian, Zoning Administrator
7 MINUTES OF THE REGULAR MEETING

OF THE CITY OF SAN CLEMENTE

PLANNING COMMISSION
May 21, 2025 @ 6:00 p.m.

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

CALL TO ORDER
Chair Cosgrove called the Regular Meeting of the Planning Commission of the City of San Clemente to order at 6:01 p.m. The meeting was offered in person at San Clemente City Hall Council Chambers, 910 Calle Negocio, San Clemente, California, 92673, and also via live stream from the City’s YouTube Channel.

2. PLEDGE OF ALLEGIANCE
Commissioner Davis led the Pledge of Allegiance.

3. ROLL CALL
Commissioners Present: Chair Cameron Cosgrove; M.D; Barton Crandell; Scott McKhann; and Brenton Davis
Commissioners Absent: Vice Chair M. Steven Camp; Gary McCaughan; and Karen Prescott-Loeffler
Staff Present: Jonathan Lightfoot, City Planner
David Carrillo, Associate Planner
Brendan Hanley, Assistant Planner
Zachary Ponsen, Assistant City Engineer
Ryan Kim, Senior Civil Engineer
Gena Burns, Deputy City Attorney
Tamara Tatich, Recording Secretary
These minutes reflect the order in which items appeared on the meeting agenda and do not necessarily reflect the order in which items were actually considered.

4. SPECIAL ORDER OF BUSINESS/SPECIAL PRESENTATION
None.

5. MINUTES
A. Receive and file Minutes from Planning Commission Regular Meeting of April 2, 2025.
1 Agenda Item: 11B(2)
Minutes of Regular Planning Commission Meeting of May 21, 2025 Page 2

IT WAS MOVED BY COMMISSIONER CRANDELL, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 4-0, VICE CHAIR CAMP, COMMISSIONERS PRESCOTTLOEFFLER AND MCCAUGHAN ABSENT, TO RECEIVE AND FILE THE MINUTES FROM THE REGULAR MEETING OF APRIL 2, 2025.

6. ORAL AND WRITTEN COMMUNICATION
None.

7. CONSENT CALENDAR
None.

8. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-088, Sprouts Farmers Market Off-Site Alcohol Sales, 550 Camino De Estrella, Unit C
A request for Planning Commission to consider approving Conditional Use Permit (CUP) 25-193 to allow the sales of full alcohol for off-site consumption (Type 21 license) at Sprouts Farmers Market located at 550 Camino De Estrella, Unit C.

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

Chair Cosgrove called for any disclosures or exparte communications from the Commissioners. There being none, Assistant Planner Hanley summarized the staff report that highlighted the following:
• Sprouts Farmers Market is requesting a conditional use permit for fullservice alcohol sales for off-site consumption. • Located in the Community Commercial 2 zone, which allows for grocery and alcohol sales.
• Requesting a Type 21 License from the Alcohol and Beverage Control Board.
• Additional product will be incorporated in the existing area and there will be no change to the layout of the sales floor.
• No anticipated increase in parking demand or traffic. • No code cases related to alcohol and safety for the current operation. • Staff recommends determining the project is categorically exempt from CEQA and adopting the Resolution approving the Conditional Use Permit, subject to attached Conditions of Approval.

Chair Cosgrove opened the public hearing
Applicant Terri Dickeroff gave a summary of the project that highlighted:
2 Minutes of Regular Planning Commission Meeting of May 21, 2025 Page 3 • Sprouts has chosen select stores in California to transition from a type 20 to a Type 21 License, San Clemente being one of stores. • No formal presentation, but available for questions about the offerings under type 21.

There being no questions of the applicants, Chair Cosgrove closed the public hearing.

IT WAS MOVED BY COMMISSIONER MCKHANN, SECONDED BY COMMISSIONER DAVIS, AND CARRIED 4-0, VICE CHAIR CAMP, COMMISSIONERS PRESCOTTLOEFFLER AND MCCAUGHAN ABSENT, TO DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO CEQA GUILDINES §15301 (CLASS 1: EXISTING FACILITIES) AND TO ADOPT RESOLUTION PC25-008 APPROVING CONDITIONAL USE PERMIT 25-088, SPROUTS FARMERS MARKET OFFSITE ALCOHOL SALES, SUBJECT TO THE CONDITIONS OF APPROVAL.

A. Public Hearing Project (PHP) 24-537, The Bowl, 641 Camino De Los Mares, Suite B
Chair Cosgrove called for any disclosures or exparte communications from the Commissioners. There being none, Associate Planner Carrillo narrated a PowerPoint Presentation entitled, “The Bowl, PHP24-537,” dated May 21, 2025. A copy of the Presentation is on file in Planning Division.

Chair Cosgrove opened the public hearing.

The applicants team consisted of Melissa and Drew Parkin, owners; Gary Wiggle, architect; Tessa Allen, traffic engineer; and Donna Erdle, property manager. Ms.

Parkin gave a presentation that highlighted her career as a professional bowler, other successful bowling ventures, the vision of “The Bowl,” and sharing the positive feedback from neighboring businesses in and around the shopping center and residents.

Ms. Allen was called up to speak on the traffic study details:
• The traffic study focused on site access, levels of service at intersections, and queuing conditions.
• Trip generation ratios were applied to both the prior movie theater use and the proposed bowling alley use.
• The study did not evaluate the 1995 shared parking study, but the city staff report on parking seems to fit within current parking standards.

Gary Wiggle discussed occupancy:
• The original occupancy was only 534 people.
• The California Building Code dictates occupancy numbers based on square footage and use.
• The initial number of 534 is a realistic estimate of the number of people that will be in the building at one time.
3 Minutes of Regular Planning Commission Meeting of May 21, 2025 Page 4 • The arcade area occupancy is based on gross floor area, but the number is high and realistically probably will not be achieved.
• The fire department wanted the occupant load at the full amount, and the building has adequate circulation space and exiting.

Public Comments:

Casey Shedd, resident and father of three supports the bowling alley because San Clemente is insular and families have to leave to go to birthday parties. Mr. Shedd coaches baseball with Mr. Parkin and says that he and Ms. Parkin are great people around kids.

Josh Harper, resident and father stated he is looking forward to the bowling alley, knows Drew from coaching and prefers to have something local.

Clark Coles, resident and father to two boys knows the Parkins through their children's school and is excited for the project to have some fun family entertainment local. Mr. Coles hosts corporate events for sales teams and thinks this will be a great way to increase revenue and opportunity for businesses.

Gene Grode, neighboring resident did a straw poll of people on the golf course who unanimously wanted the bowling alley and mentioned the jobs and tax base that the bowling alley will bring.

Venkat Raman, neighboring resident are excited about the project.

Brenda Raman, neighboring resident wishes the bowling alley had been in San Clemente 25 years ago for her kids.

Alex Wassom, resident with four children is excited about the future benefits of the bowling alley and entertainment center, providing a safe place for his children to play and be entertained locally.

Purita Ferrer, resident supports the project, calling it a "noble project" that creates a great environment for families.

Unanimous, a 50-year resident expressed excitement for the project, hoping it will beautify the city and provide activities for both young and old members of the community.

Stanley Lucas, former employer of Mr. and Ms. Parkin shared his personal story of how they helped him overcome homelessness and believes the project would be wonderful for the city
Jodi Pickersnit, owner of a hair salon next to the theater, is excited about the project and hopes it will elevate the whole center, suggesting a surfer mural to improve the area's aesthetics.
4 Minutes of Regular Planning Commission Meeting of May 21, 2025 Page 5 Josh Austin, a father of five and owner of Greenside Golf, expresses strong support for the project, seeing it as a great addition to the city. Mr. Austin proposed a bike lane to alleviate parking issues.

There being no questions of the applicants, Chair Cosgrove closed the public hearing.

Commissioner Discussions:
• To address questions on bike lanes on Camino De Los Mares, Assistant City Engineer, Zachary Ponsen explained that there is no room for bike lanes on this arterial road due to the recent road improvements and the need for vehicular traffic lanes.
• Jonathan Lightfoot, City Planner, mentioned that the City is considering a replacement value, where providing a certain number of bike stalls can count as a parking stall.
• Orange County Fire Authority has reviewed the project and is at a point where the final version would be going back to them once they get to the building permit.
• The traffic study in the report showed no issues with the level of service on drive aisles and intersections.
• Commissioners asked about the current condition of negotiations with the easements, as the project's parking solution is incomplete. • There are two easement agreements from 1995: one between 635 Camino De Los Mares and 641 Camino De Los Mares, and another between 641 Camino De Los Mares and 647 Camino De Los Mares. It is unclear if they are valid at this time, hence why the applicant needs to provide estoppel certificates to confirm the validity of these agreements. • The preferred path forward is to obtain an estoppel certificate for the easement between 641 Camino De Los Mares and 647 Camino De Los Mares, and if that's not possible, they will consider shared parking just on the 641 Camino De Los Mares property alone.
• Commissioners stated that the building is unique, captures everything inside, no outdoor patios, sound is contained; and therefore, would support that applicant’s requested extended hours for live entertainment: 5:00 p.m. to 11:30 Thursday through Saturday and holidays, and 5:00 p.m. to 10:30 Sunday through Wednesday.
• Commissioners expressed concern with parking, wants to see the solution before approval, and stated a desire to limit review to strictly parking and not the use if there are substantial changes in negotiations. • Comfortable relying on staff to ensure estoppels are in place. • Suggests a trigger for re-evaluation if parking options don't work out. • Clarification needed on whether estoppel agreements need rewriting. • Suggests language for documentation to the satisfaction of the city attorney.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 4-0, VICE CHAIR CAMP, COMMISSIONERS PRESCOTT-LOEFFLER

AND MCCAUGHAN ABSENT, TO DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO CEQA GUILDINES §15301 (CLASS 1: EXISTING 5 Minutes of Regular Planning Commission Meeting of May 21, 2025 Page 6 FACILITIES) AND TO ADOPT RESOLUTION PC25-006, APPROVING MINOR CONDITIONAL USE PERMIT 25-033 AND CONDITIONAL USE PERMIT 25-032, THE

BOWL, SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE FOLLOWING MODIFICATIONS:
• REMOVE CONDITION 4.22.
• MODIFY CONDITION 7.1 TO EXTEND HOURS OF OPERATION FROM 5:00 P.M. TO 11:30 P.M. THURSDAY THROUGH SATURDAY AND HOLIDAYS; AND 5:00 P.M. TO 10:30 P.M. SUNDAY THROUGH WEDNESDAY.
• MODIFY CONDITION 4.12 TO STRIKE THE WORD “EACH” AND REPLACE WITH “EITHER.”

9. NEW BUSINESS
A. Installation of Red Curb on Calle Frontera
A request for the Planning Commission to consider forwarding a recommendation to the City Council on Installation of Red Curb for the driveway of 2421 Calle Frontera.

Zachary Ponsen, Assistant City Engineer, presented the staff report that stated Staff supports adding 40 feet of red curb to the left of the drive approach and 20 feet to the right.

IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER CRANDELL, AND CARRIED 4-0, VICE CHAIR CAMP, COMMISSIONERS PRESCOTTLOEFFLER AND MCCAUGHAN ABSENT, TO RECOMMEND TO THE CITY COUNCIL

TO DETERMINE THE PROJECT IS CATEGORICALLY EXEMPT FROM CEQA PURSUANT TO CEQA GUILDINES §15301 (CLASS 1: EXISTING FACILITIES) AND TO

FORWARD A RECOMMENDATION OF APPROVAL TO THE CITY COUNDIL FOR THE PROPOSED RED CURBS.

10. OLD BUSINESS
None.

11. REPORTS OF COMMISSIONERS AND STAFF
City Council meeting discussed the design review subcommittee (DRSC) and its scope:
• Council asked staff to bring in recommendations.
• Council members favored staff recommendations, including zoning updates. • Council wants to introduce flexibility on whether or not if the applicant felt the nature of their project was something that was straightforward and they did not feel the need for a design review that they could opt out. 6 Minutes of Regular Planning Commission Meeting of May 21, 2025 Page 7 • An applicant could choose to opt out by filling out a form that could go to the zoning administrator.
• Motion to apply term limits to commissions and committees does not apply to the planning commission.

A. Tentative Future Agenda
Upcoming meetings and study sessions:
• City Planner Jonathan Lightfoot advised the Commissioners that the Strategic Implementation (SIP) Update will be tabled until the next budget adoption
• First meeting of July is canceled.
• June: Study Session for an update on the LCP (Geotechnical and Parking Study Components).
• July: Study Session on the Gateway Overlay Zoning Initiation. • Code changes to be reviewed by the end of 2025.

B. Administrative Development Permit Report

2. ADJOURNMENT

THERE BEING NO OTHER BUSINESS BEFORE THE COMMISSION, IT WAS MOVED BY CHAIR COSGROVE, SECONDED BY COMMISSIONER MCKHANN, AND CARRIED 4-0,

VICE CHAIR CAMP, COMMISSIONERS PRESCOTT-LOEFFLER AND MCCAUGHAN ABSENT TO ADJOURN THE MEETING AT 8:09 P.M. TO THE REGULAR PLANNING COMMISSOIN MEETING TO BE HELD IN-PERSON ON JUNE 4, 2025, AT 6:00 P.M., AT THE SAN CLEMENTE CITY HALL COUNCIL CHAMBERS LOCATED AT 910 CALLE NEGOCIO, 2
nd FLOOR, SAN CLEMENTE, CALIFORNIA.

Respectfully submitted,
Cameron Cosgrove, Chairman
Attest:

Jonathan Lightfoot, Secretary of the Planning Commission 7 CITY OF SAN CLEMENTE

MINUTES OF THE REGULAR MEETING

OF THE ZONING ADMINISTRATOR
May 22, 2025
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Regular Meeting of the City of San Clemente Zoning Administrator to order on May 22, 2025 at 3:01 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Zach Rehm, Principal Planner
David Carrillo, Associate Planner
Alexia Gruszczynski, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of May 8, 2025.

ZA Atamian received and filed the minutes for the regular meeting of April 8, 2025.

3. ORAL AND WRITTEN COMMUNICATION
None.

4. PUBLIC HEARING
A. Public Hearing Project (PHP) 25-142, Loco Cycle Group Instruction, 979 Avenida Pico K
A public hearing to request the Zoning Administrator to approve Minor Conditional Use Permit (MCUP) 25-145 to allow group cycling instruction at an existing retail space located within Plaza Pacifica.

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

Assistant Planner Alexia Gruszczynski summarized the staff report that highlighted the following:
1 Agenda Item: 11B(3)
Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 2 • The request is to allow group cycling instruction at an existing retail space within Plaza Pacifica, 979 Avenue to Pico, zoned
neighborhood commercial 1.2.
• The business is operating without a business license and minor conditional use permit.
• Operation Details:
• 1,000 sq ft retail space.
• 7 days a week operation.
• Maximum of 19 clients and 2 employees at any given time. • The schedule includes morning and evening classes on certain days. • Amplified music will be played during classes.
• Condition of Approval 1.12 was not included in the Resolution but should be added.
• There is a surplus of 75 parking spaces after the business is placed.

ZA Atamian opened the public hearing. There were no applicants or members of the public to present comments.

ZA Atamian noted that signage plans were submitted and approved prior to the business license submittal. The business license approval should have been required prior to issuance of the sign permit, but the City issued the permit in error and the applicant operated the business without the required CUP for several months. ZA Atamian stated that he was in agreement with the Conditions of Approval, including the addition of 1.12 regarding noise levels, and expressed appreciation of the parking analysis.

There being no further questions of staff or the applicant, ZA Atamian closed the public hearing.

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

Action: The Zoning Administrator adopted the alternate Resolution ZA25- 011 approving Minor Use Permit 25-145, Loco Cycle, 979 Avenida Pico, Suite K, subject to the Conditions of Approval with the following addition of 1.12 to the Conditions of Approval: The Applicant (including any property owners and managers, and their designees) understands and agrees that in the event noise generated by the cycling studio use exceeds the City’s Noise Ordinance thresholds, as verified by City Code Compliance staff, a noise study shall be performed by a licensed professional and the use associated with this permit shall discontinue operating until the recommendations of the acoustic report are implemented appropriately, as determined by the City Planner and/or City Building Official, demonstrating compliance with the City’s noise standards as described in SCMC Chapter 8.48
B. Public Hearing Project (PHP) 25-191, 2025 Professional Pickleball Association of Orange County (PPA OC) Cup Pickleball Tournament, 111 Avenida Vista Montana
2 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 3 A public hearing to request the Zoning Administrator to approve a Temporary Use Permit (TUP) 25-194 for a seven-day special activity for a pickleball tournament at Lifetime Fitness from June 16, 2025 to June 22, 2025, between 7:00 a.m. to 10:00 p.m. daily and hosting up to 1,000 daily guests.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15304 (14 CCR §15304, Class 4).

Associate Planner David Carrillo summarized the staff report that highlighted the following:
• The 7-day pickleball tournament will be hosted at Lifetime Fitness located at 111 Avenue de Vista Montana from June 16th to June 22nd, 8:00 a.m. to 9:00 p.m. daily.
• Expected attendance: 1,000 guests.
• Background:
• Zoning Administrator has approved similar tournaments at the same site since 2022.
• Conditions of Approval are similar to previous events. • Parking:
• Lifetime members will continue to use the on-site parking lot, monitored by Lifetime employees.
• Off-site parking will be provided at the San Clemente Outlets (over 1,000 spaces) and Clarence Lobo Elementary (67
spaces).
• Shuttle services provided.
• Registered guests will be notified to park off-site via the website, and this is a Condition of Approval.
• The Lifetime facility has 231 parking spaces.
• Traffic Management:
• A Condition of Approval requires a Traffic Management Plan (TMP) approved by the Public Works Department.
• A preliminary TMP exists but is not yet approved.
• Parking
• Event Details:
• Alcohol service is allowed through the Life Cafe, per the original entitlement CUP16-027.
• The event will result in seven special activity days in 2025, within the code limit of 24 per year for non-residential properties.
• Beaches, Parks, and Rec confirmed no conflicting private events at Rancho San Clemente Park from June 16th-22nd.

ZA Atamian opened the public hearing at the conclusion of the staff report.

The applicants were available via conference call and were introduced as Haley Brezack with the PPA and Brianna Stevens with Lifetime Fitness. Ms.

Brezack thanked the City of San Clemente and noted improvements each 3 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 4 year in parking management and signage stating that the event gets better every year and expressed hope for continued improvements this year.

ZA Atamian confirmed that the off-site parking is the Outlets and Clarence Lobo Elementary, and not the high school that was indicated in the staff report. Staff confirmed that the 20-minute shuttle headway referenced in the Conditions of Approval will still be met with the additional mileage necessary to park at the Outlets. ZA Atamian confirmed that the TUP incuded all the Conditions from last year's event, with an additional requirement for a thorough TMP review.

ZA Atamian supported the project, noting ample parking with the Outlets and elementary school locations, acknowledged the efforts of pickleball attendees, players, Lifetime staff, and the City in reviewing and approving the TMP.

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

Action: The Zoning Administrator adopted the alternate Resolution ZA25- 012 approving Temporary Use Permit 25-194, 2025 PPA OC Cup Pickleball Tournament, 111 Avenida Vista Montana, subject to the Conditions of Approval with the following modifications to the Resolution and Conditions of Approval:
• Resolution, Section 3 (B) & (D): Reflect parking at the Outlets, not the high school and modify the parking spaces to 1,000. • Condition of Approval 7.33: Add missing end-quotation mark to read: "A manager is available to respond to complaints by the public with [provide a phone number that is monitored]." The sign shall be reviewed and approved by the planning staff prior to installation.

C. Public Hearing Project (PHP) 25-192, 2025 Major League Pickleball Tournament, 111 Avenida Vista Montana
A public hearing to request the Zoning Administrator to approve a Temporary Use Permit (TUP) 25-195 for a four-day special activity for a pickleball tournament at Lifetime Fitness from June 26, 2025 to June 29, 2025, between 7:00 a.m. to 10:00 p.m. daily and hosting up to 1,000 daily guests.

The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines §15304 (14 CCR §15304, Class 4).

Associate Planner David Carrillo summarized the staff report highlighting the differences from that of the PPA OC Cup that was previously reviewed and approved.
• Event details:
4 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 5 • Length: 4-day special activity from June 26th to June 29th. • Time: 8:00 a.m. to 7:00 p.m. daily.
• Expected attendance: 700 daily guests.
• Compliance: This event will result in 11 special activity days in 2025, with a limit of 24 per year.
• Parking: Parking will be at the Outlets with shuttle service. • Conflicting Events: There is a volleyball camp occurring from June 23rd to June 27th.
• Condition of Approval: Prohibits pickleball event parking on Calle Aguila adjacent to the park on June 26th and June 27th.

ZA Atamian opened the public hearing. The applicant had nothing further to add, and there was no one from the public to comment. ZA Atamian closed the public hearing.

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

Action: The Zoning Administrator adopted the alternate Resolution ZA25- 013 approving Temporary Use Permit 25-195, 2025 Major League Pickleball Tournament, 111 Avenida Vista Montana, subject to the Conditions of Approval with the following modifications to the Resolution and Conditions of Approval:
• Resolution, Section 3 (B) & (D): Reflect parking at the Outlets, not the high school and modify the parking spaces to 1,000. • Condition of Approval 7.33: Add missing end-quotation mark to read: "A manager is available to respond to complaints by the public with [provide a phone number that is monitored]." The sign shall be reviewed and approved by the planning staff prior to installation.

5. NEW BUSINESS
A. Buona Forchetta: 12-Month Review of Operations and Conditions of Approval, 1014 S. El Camino Real
A New Business Agenda item for the Zoning Administrator to review the prior year operations and compliance with conditions of approval related to Minor Conditional Use Permit (MCUP) 21-006 related to the Buona Forchetta restaurant and shared parking arrangement.

Associate Planner David Carrillo provided a staff report highlighting the following:
• On December 7th, 2020, the City Council approved Minor Conditional Use Permit (MCUP) 21-006.
• The approval allowed for one shared parking at the mixed-use development located at 1014 South El Camino to support a 5 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 6 restaurant with 32 indoor seats and 16 outdoor seats, and indoor and outdoor beer and wine service for the restaurant.
• The City Council included as a Condition of Approval: City staff to report back to the Zoning Administrator 12-months from the date the restaurant commenced operation on the project's conformance with the permits conditions of approval.
• Restaurant began operations on April 2nd, 2024.

An analysis was performed by staff:
• Site visits: Monday, May 5, 2025; Thursday, May 8, 2025; and Saturday, May 10, 2025
• Observations: Upper-level garage was open during business hours, and directional parking signage was posted; however landscaping needs to be maintained for visibility.
• Non-compliant Conditions: Indoor and outdoor seating exceeding the maximum allowed and storage of items in the outdoor dining area.

Summary: Buona Forchetta is partially in compliance with the Conditions of Approval.

Staff has received complaints from nearby residents related to traffic and parking impacts. Staff is recommending that the Zoning Administrator receive and file the report and direct staff on next steps to rectify noncompliant conditions.

ZA Atamian advised that the proceeding was not a public hearing, but a review that was requested by the City Council, and asked those in attendance if they had any comments.

Nick Buchanan, the original developer of the project stated the goal of the General Plan in this particular area was to create a transitional area between Interstate 5 and the Del Mar T-zone featuring spectacular ocean views, attractive mixed-use housing with local serving commercial uses restaurants and hotels.

Matteo Cattaneo, owner of Buona Forchetta stated that they are a small restaurant and they are used to dealing with parking situations and that they do their best to work with everybody and to keep it super clean. Mr.

Cattaneo recognized that they had more than 32 seats inside.

ZA Atamian advised that the review was based on staff's assessment of the business's compliance with the Conditions of Approval, though the public’s comments were reviewed and taken into consideration in terms of public impact. The review identified that the business is currently not in compliance with the Conditions of Approval, specifically regarding the number of seats provided at the restaurant. ZA Atamian stated that based on staff observations, there were 52 indoor seats and 20 outdoor 6 Minutes of the Zoning Administrator Regular Meeting May 8, 2025 Page 7 seats, exceeding the approved numbers (32 indoor, 16 outdoor). There is a process to apply for more seating, but its success is not guaranteed.

ZA Atamian stated that businesses often affect neighborhood parking, but the City can't stop people from parking on public roadways when allowed. The Condition regarding parking information on the website and menu requires the applicant to encourage businesses to provide the information, not ensure it. The matter could be referred back to the City Council for a decision on the permit, or the process can continue.

ZA Atamian did not see a need for code enforcement action at this time, and continued the item to the next meeting and directed the business owner to bring the operations into full compliance by then. ZA Atamian also indicated that part of the next Zoning Administrator meeting will be to determine if this item should be referred to the City Council for potential amendment or revocation if the business cannot maintain compliance, or to determine whether additional periodic reviews of the business’s adherence to the conditions are necessary to maintain compliance. ZA Atamian directed staff to report back to the Zoning Administrator in two weeks at its Special Meeting on June 4, 2025 with another update on Buona Forchetta’s compliance with Conditions of Approval. ZA Atamian requested that the applicant provide staff with necessary information, by Wednesday May 28, 2025, to allow for a complete analysis on the restaurant’s compliance with Conditions of Approval.

6. OLD BUSINESS
None.

7. ADJOURNMENT
The meeting adjourned at 4:08 p.m. to a Adjourned Meeting of the Zoning Administrator, which will be held Wednesday, June 4, 2025 at 3:00 p.m. at Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
_____________________________________
Adam Atamian, Zoning Administrator
7 CITY OF SAN CLEMENTE

MINUTES OF THE ADJOURNED MEETING

OF THE ZONING ADMINISTRATOR
June 4, 2025
San Clemente City Hall
First Floor Community Room
910 Calle Negocio
San Clemente, California 92673

1. CALL TO ORDER
Zoning Administrator (ZA) Adam Atamian called the Adjourned Meeting of the City of San Clemente Zoning Administrator to order on June 4, 2025 at 3:02 p.m. The meeting was held in the First Floor Community Room of City Hall, 910 Calle Negocio, San Clemente, California.

Staff Present: Adam Atamian, Zoning Administrator
Zach Rehm, Principal Planner
David Carrillo, Associate Planner
Laura Coury, Assistant Planner
Tamara Tatich, Administrative Assistant

2. MINUTES
A. Minutes from the Zoning Administrator Regular Meeting of May 22, 2025.

ZA Atamian received and filed the Minutes for the Regular Meeting of May 22, 2025.

3. ORAL AND WROTTEN COMMUNICATIONS
None.

4. PUBLIC HEARINGS
A. Public Hearing Project (PHP) 25-095, Kwon Residence Balcony, 115 Via Artemesia
A public hearing to request the Zoning Administrator to approve Development Permit (DP) 25-118 to make aesthetic improvements to the front elevation of a residence within the Visual Enhancement Plan are of the Marblehead Coastal Specific Plan’s Master Landscape Plan area. The project would maintain the Spanish architecture and materials on the second story elevations identified in the original Site Plan Permit of the Sea Summit development. The proposed project would modify materials of an existing balcony over the front entrance, add a second balcony over the garage with wrought iron railings, and replace an existing window with recessed bifold doors.
1 Agenda Item: 11B(4)
The Zoning Administrator will also consider whether the project is Categorically Exempt from the requirements of CEQA pursuant to CEQA Guidelines §15301 (Class 1: Existing Facilities).

Assistant Planner Laura Coury summarized the staff report that highlighted the following:
• A wrought iron Juliet balcony will be replaced with a single rot iron guard rail.
• A balcony will be added over the garage with wood corbels and stucco details, enclosed with rot iron guard rails.
• Recessed bifold doors will provide access to the balcony. • In 2023, the design review committee (DRC) discouraged glass railings on residential balconies.
• Architectural changes consistent with the site plan permit could be approved through a building permit, but inconsistent changes require a public hearing.
• Several modifications were recommended in the March 26, 2025 Design Review Subcommittee (DRSC) meeting and the following was incorporated into the project’s design:
• On March 26th, the application was reviewed by the DRSC feedback was requested.
• Mr. Baker and Ms. Kwon explained their selections, noting past approvals of glass railings by the Sea Summit Homeowners Association.
• The DRSC recommended no glass rails, and suggested the use of wrought iron, wood architectural details, and adherence to the 18 ft setback.
• They also recommended deep recess jams for the balcony bifold doors and maintaining the downspout.

Applicant Sam Parsi, Domas Plans was accompanied by the property owners Ray Baker and Jennifer Kwon. Mr. Parsi stated that they did not have anything to add to the staff’s report.

ZA Atamian opened the public hearing and asked staff to explain the reference made of a “legal non-conforming” item in the report. Staff stated that the existing balcony is legal, non-confirming because a small corner encroaches into the setback. ZA Atamian asked if a survey was conducted on the property, and the applicant stated it had not. ZA Atamian confirmed with the applicant that the new balcony will be in line with the existing logia. Staff confirmed with ZA Atamian that the City Planner recommended the project be presented to the Zoning Administrator because of the use of glass in the proposed plan seeking approval. Staff stated that the glass bifold doors and foam molding that replace the window opening are now recessed as recommended by the DRSC to reduce reflection. ZA Atamian confirmed that the Spanish Revival design element is the wood corbels.
2 There being no further questions, ZA Atamian closed the public hearing and determined that the project Categorically Exempt from CEQA pursuant to State CEQA Guidelines §15301 (Class 1: Existing Facilities).

Action: The Zoning Administrator adopted Resolution ZA25-014 approving Development Permit 25-118, Kwon Residence Balcony, 115 Via Artemesia, subject to the Conditions of Approval, with a modification to Condition 1.6 to remove the parenthesis around the permit types.

5. NEW BUSINESS
None.

6. OLD BUSINESS
A. Buona Forchetta: 12-Month Review Updates of Operations and Conditions of Approval, 1014 S. El Camino Real
A continued items for the Zoning Administrator to review the prior year operations and compliance with conditions of approval related to Minor Conditional Use Permit (MCUP) 21-006 related to the Buona Forchetta restaurant and shared parking agreement.

Associate Planner Carrillo summarized the item’s background and staff’s observations from a May 29, 2025 site inspection that highlighted the following:
• The restaurant was in partial compliance with Conditions of Approval on May 22, 2025.
• ZA Atamian continued the item to give the restaurant an opportunity to comply with conditions and remedy the violations.
• Staff counted the seats on May 29th and determined compliance: 32 indoor and 16 outdoor.
• Staff found the restaurant in compliance with all Conditions of Approval except Condition 1.4, which requires compliance with all provisions of the San Clemente Municipal Code.
• There is outdoor storage of firewood for the wood burning pizza oven, and propane tanks used for outdoor heaters in the patio dining area, which is prohibited by both the Health Department and Fire Department. • Staff seeks direction from the Zoning Administrator on how to move forward with the interpretation of outdoor storage.
• Public comments have been received and read by staff and the applicant.

Property owner Nick Buchanan, restaurant general manager Joe Pergola were present, and ZA Atamian opened the discussion that highlighted the following:
• ZA Atamian stated that the public comments received were focused primarily on parking and issues with take-out orders being picked up. • ZA Atamian acknowledged that the seating is in compliance. 3 • ZA Atamian stated that he is not able to close the review until we can assure the neighboring residents that the allowable occupancy remains in compliance; and also, to check how the maintenance of seat counts affects the resident parking along Santiago over time.
• ZA Atamian suggested removing the tarps and considering the firewood a rustic decorative feature. Mr. Pergola stated that they were interested in creating an architectural feature that will make the firewood a decorative feature.

Mr. Buchanan summarized the parking garage allocations that concluded that the garage parking is
ZA Atamian reviewed the ten written public comments and addressed issues, as follows:
• Several comments were directed to parking along Santiago; however as stated in the last meeting, parking in the public right-of-way is permitted. • Comments stated that the employees are parking on the streets close to the restaurant. ZA Atamian asked that the management encourage employees to park where there are less impacts on street parking. • Comments indicate residents have multiple cars and use street parking.

While this adds to the parking problem, it cannot be addressed through this process.
• The comments regarding seating were address and
• The project is keeping in compliance with the Conditions with exception to the outdoor storage.
• A number of concerning parking in red curbs, vehicles waiting idle in alleys, and patrons waiting for tables spilling into the streets are all problematic. ZA Atamian asked staff to form a group consisting of the Orange County Sheriff’s Department to address parking enforcement; the City’s Traffic Engineering staff to address line of sight concerns; and Code Enforcement’s swing shift to patrol periodically, monitor seating, and track seating.
• ZA Atamian asked for another review in four months to determine impacts on street parking as a result of being compliant with occupancy limits.
• Directed staff to work with restaurant management to develop an outdoor storage solution for the firewood and propane screens that are reviewed by OCFA guidelines.
• ZA Atamian directed staff prepare a public notice for a follow up review meeting to be held on Thursday, October 9, 2025 at 3:00 p.m.

Sam Parsi, a resident of Dana Point who grew up in Sicily and Italy, spoke in favor of the restaurant. He appreciates authentic Italian food and the hard work of the restaurant staff. He emphasized the need for a wood oven for authentic pizza.
4 Mr. Buchanan stated that two years ago he asked the City Council for space along the curb for food delivery services and deliveries, but nothing has resulted. Principal Planner Rehm added that his discussions with Engineering staff revealed that it was an ongoing discussion with no consensus.

Mr. Buchanan also read sections of City Council Minutes obtained from a recent Public Records Request that referred to when the mixed-use project was first approved for development.

Action: The Zoning Administrator continued the item to Thursday, October 9, 2025 at 3:00 p.m. for a four-month review.

7. ADJOURMENT
The meeting adjourned at 3:56 p.m. to a Regular Meeting of the Zoning Administrator, which will be held on Thursday, June 19, 2025 at 3:00 p.m. at the Community Development Department, City Hall, First Floor Community Room, located at 910 Calle Negocio, San Clemente, California.

Respectfully submitted,

SAN CLEMENTE ZONING ADMINISTRATOR
_________________________________
Adam Atamian, Zoning Administrator
5 1
Agenda Item: 11C(1)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS
I HEREBY SUBMIT lfHE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY

COUNCIL, CITY OF SAN CLEMENTE

CITY MANAGER
ATTEST: ____ ----'-------

CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:
<: AFINANCEANAGER ~

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
----------
1 N THE AMOUNT OF $ 1,568,903.25
DATED ON 05/30/2025
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003

CITY TREASURER
2 apChklst Final Check List Page: 1
05/29/2025 12:02:35PM SAN CLEMENTE
Bank : citv BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 3248 5/30/2025 024009 CA PUB EMP RETIREMEN PP#10/25 5/11/2025 PERS CONTRIBUTIONS FOR 115,597.31 115,597.31 3249 5/30/2025 002474 CA PUB EMPLOY RETIREI PP10/25 5/11/2025 PERS CONTRIBUTIONS 7,518.70 7,518.70 3250 5/30/2025 000964 CALPERS 1000000178960• 5/14/2025 MEDICAL PREMIUMS 295,691.25 295,691 .25 3251 5/30/2025 000964 CALPERS 10000001792631 5/14/2025 MEDICAL PREMIUMS 12,475.72 12,475.72 3252 5/30/2025 004156 CALIF STATE OF, EMPLO' Ben2561223 5/30/2025 STATE TAX: PAYMENT 30,957.26 30,957.26 3253 5/30/2025 000010 CALIF STATE OF, EMPLO' Ben2561225 5/30/2025 SDI INS: PAYMENT 8,899.50 8,899.50 3254 5/30/2025 001819 FEDERAL WITHOLDING T Ben2561221 5/30/2025 FEDERAL TAX: PAYMENT 192,636.18 192,636.18 3255 5/30/2025 014754 STATE DISBURSMENT UI' Ben2561227 5/30/2025 CHILD SUPPORT: PAYMENT 1,400.30 1,400.30 604960 5/30/2025 024081 AZ SAN CLEMENTE PARl 060125 6/1/2025 PARKING LOT LEASE AGREE 350.00 350.00 604961 5/30/2025 016780 ABDELMUTI DEVELOPME 060125 6/1/2025 PARKING LOT LEASE AGREE 700.00 700.00 604962 5/30/2025 037528 ADV RELINE SERVICE INC 1143 2/28/2025 URGENT WATER MAIN RE-LIi 59,992.88 59,992.88 604963 5/30/2025 010213 AFLAC Ben2561215 5/30/2025 AFLAC INSURANCE: PAYMEN 79.42 79.42 604964 5/30/2025 000042 AKM CONSULTING ENGII' 0013424 5/15/2025 WELL WATER QUALITY SYS- 2,270.00 0013423 5/15/2025 PN 19516 - CALLE REAL PUM 1,008.00 3,278.00 604965 5/30/2025 020113 ALBERT, SOPHI 604689 5/16/2025 EFT CK#604689 RETURNED E 355.20 355.20 Page: 1
3 apChklst Final Check List Page: 2
05/29/2025 12:02:35PM SAN CLEMENTE
Bank: citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 604966 5/30/2025 034565 AMAZON BUSINESS 1 LGR-C3FW-X3 5/8/2025 SUPPLIES 103.45 1JT4-G3YG-XR) 5/16/2025 SUPPLIES 51.98
1 LGR-C3FW-C4 5/6/2025 SUPPLIES 26.93
16TF-HNMM-WI 5/8/2025 SUPPLIES 42.02
1 KMR-W1Y6-D't 5/9/2025 SUPPLIES 101.47
1 FVL-F49W-CY' 5/9/2025 SUPPLIES 398.17
1 HND-M4X7-C1 1 5/9/2025 SUPPLIES 17.43
1VRM-V4PM-19I 5/13/2025 SUPPLIES 51 .69
1V33-K3XN-DHC 5/12/2025 SUPPLIES 28.00
1VN4-4D6K-HL'v 5/12/2025 SUPPLIES 181 .01
1 N9L-QRN 1-HKI 5/12/2025 SUPPLIES 269.35
1V33-K3XN-9GF 5/12/2025 SUPPLIES 66.99
1G9V-4WGT-QC 5/1/2025 SUPPLIES 16.91
1 DQM-V9KX-9Y• 5/2/2025 SUPPLIES 31 .88
1TDL-X9W7-9Yf 5/6/2025 SUPPLIES 59.24
1 L6J-MF43-7PY: 5/6/2025 SUPPLIES 64.64
1CY6-FPJD-TVF 5/16/2025 SUPPLIES 146.48
1 GGH-LGRP-4F 5/5/2025 SUPPLIES 121 .52
1JJX-H7YQ-4Wf 5/5/2025 SUPPLIES 77.39
1 FWG-GT96-3JI 5/5/2025 SUPPLIES 262.17
14PL-LKTM-3JG 5/5/2025 SUPPLIES 483.80
19J3-YN7X-1W\ 5/5/2025 SUPPLIES 28.24
1 HDK-WVXK-W 5/5/2025 SUPPLIES 47.40 -
1 CHK-GV4M-C6 5/6/2025 SUPPLIES 191 . 75
1 FF4-39YT-9HT 5/12/2025 SUPPLIES 6.40
1VQX-366F-467• 5/13/2025 SUPPLIES 500.82
19GW-LPF6-HJ; 5/12/2025 CREDIT FOR SUPPLIES -9.79
1G9K-TC6G-GR 5/12/2025 CREDIT FOR SUPPLIES -27.98
14L 1-HK3M-FX7 5/15/2025 CREDIT FOR SUPPLIES -18.31
1TLN-NXWW-D' 5/15/2025 CREDIT FOR SUPPLIES -18.31 3,302.74 604967 5/30/2025 034095 ARDENT PRESS INC 44694 5/19/2025 BUSINESS CARDS 26.94 44699 5/19/2025 STREET MAINTENANCE BOO 700.32 727.26
604968 5/30/2025 037748 ARNO, NICOLE 85662009 4/23/2025 REFUND OF DEPOSIT 50.00 50.00 604969 5/30/2025 019898 ATS COMMUNICATIONS 963927 5/5/2025 LA03597B - MAY 2025 PAYMEI 638.61 963247 4/29/2025 LA23187D - MAY 2025 PAYMEI 718.04 1,356.65 Page: 2
4 apChklst Final Check List Page: 3
05/29/2025 12:02:35PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 604970 5/30/2025 000184 AWARDS N MORE 6680 5/20/2025 TEEN GOLF PLAQUES 137.65 137.65 604971 5/30/2025 0377 45 BAEZ, ADAM 51625 5/16/2025 SOFTBALL OFFICIAL PAYMEI\ 120.00 120.00 604972 5/30/2025 031421 BARBER.MELISSA 041625-041725 5/22/2025 PRISM SYMPOSIUM EXP REIi 25.00 25.00 604973 5/30/2025 037749 BARWIG, KAYLIE 85662061 4/23/2025 REFUND OF DEPOSIT 50.00 50.00 604974 5/30/2025 037778 BEACH BUILDERS B23-2150 9/19/2024 REFUND OF WMP FEE 1,000.00 1,000.00 604975 5/30/2025 023595 BECK, BARBARA 85748022 4/25/2025 CREDIT REFUND 27.00 27.00 604976 5/30/2025 030140 BELLA COLLI NA TOWNE I 603345 5/15/2025 2/19 DINNER DONATION 3,500.00 3,500.00 604977 5/30/2025 035557 BLACK, NATALIE 85701112 4/24/2025 CAMP REFUND 268.00 268.00 604978 5/30/2025 0364 71 BONILLADUENAS, MARIA 85620468 4/22/2025 REFUND OF DEPOSIT 50.00 50.00 604979 5/30/2025 026424 BOUGHTON , MARJORIE 7 060125 6/1/2025 PARKING LOT LEASE AGREE 166.66 166.66 604980 5/30/2025 037751 BRAYLEY, KINDRA 85620574 4/22/2025 REFUND OF DEPOSIT 50.00 50.00 604981 5/30/2025 027207 BRILL, CARRIE 051225 5/12/2025 REIMB. FOR ALL STAFF TRAIi 1,099.45 1,099.45 604982 5/30/2025 007227 BROWN, KIM 85759486 4/25/2025 REFUND - CLASS OF CANCEi 30.00 30.00 604983 5/30/2025 035241 BURKE WILLIAMS & SORI 338283 3/7/2025 SPECIAL CITY ATTORNEY SE 5,253.80 5,253.80 604984 5/30/2025 005046 C. WELLS PIPELINE MATE SINV25-2110 3/25/2025 PIPELINE MATERIALS 3,351.03 SINV25-1424 1/31/2025 PIPELINE MATERIALS 4,525.50 7,876.53 604985 5/30/2025 034735 CALABRO, KELLIE 85661146 4/23/2025 REFUND OF DEPOSIT 50.00 50.00 604986 5/30/2025 001033 CALIF DEPT OF TAX & FE 664348907 5/12/2025 SALES & USE TAX RETURN A 163.97 163.97 604987 5/30/2025 036521 CALIFORNIA CONSULTINc 7204 2/13/2025 GRANT WRITING AND GRAN- 12,000.00 7180 1/1/2025 GRANT WRITING AND GRAN- 12,000.00
7179 1/1/2025 GRANT WRITING AND GRAN- 5,500.00
7354 4/1/2025 GRANT WRITING AND GRAN- 7,500.00 37,000.00 604988 5/30/2025 026426 CARRICK, CYNTHIA T 060125 6/1/2025 PARKING LOT LEASE AGREE 166.66 166.66 604989 5/30/2025 037699 CASE, ROB 85352210 4/15/2025 REFUND OF DEPOSIT 25.00 85352234 4/15/2025 REFUND OF DEPOSIT 25.00 50.00
604990 5/30/2025 037753 CATANESE, KAREN 85883291 4/28/2025 REFUND - CLASS CANCELLE 120.00 120.00 604991 5/30/2025 015477 CELL BUSINESS EQUIPMI IN2836954-CBE 5/8/2025 STAPLE CARTRIDGE FOR CC 105.60 105.60 604992 5/30/2025 034080 CHEGREN,ASHLEY 85352518 4/15/2025 REFUND OF DEPOSIT 75.00 75.00 604993 5/30/2025 013668 CITY OF BREA 051425 5/14/2025 FY 25-26 MEMBERSHIP -A. H 1,400.00 1,400.00 604994 5/30/2025 003559 COASTAL ANIMAL SERVI( JUN25 6/1/2025 COASTAL ANIMAL SERVICES 76,815.00 76,815.00 604995 5/30/2025 001241 COLONIAL LIFE & ACCIDE Ben2561211 5/30/2025 ACCIDENT INSURANCE: PAYt 253.80 253.80 604996 5/30/2025 001394 COOK PGA GOLF SHOP II 052725 5/27/2025 05/19/25 - 05/25/25 WEEKLY P 30,190.43 30,190.43 604997 5/30/2025 015084 CORE & MAIN LP W662574 5/1/2025 3/4" ADPT 682.92 W845019 5/1/2025 FIRE HYDRANT CHECK VALV 12,930.00 13,612.92 Page: 3
5 apChklst Final Check List Page: 4
05/29/2025 12:02:35PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 604998 5/30/2025 001086 COUNTY OF ORANGE PW250636 5/14/2025 TIME SCHEDULE ORDER COi 1,245.29 STTM002885 5/14/2025 LIFEGUARD RADIO EQUIPME 777.32 2,022.61 604999 5/30/2025 006090 COX COMMUNICATIONS 058716701 5/8/2025 COX DATAAND VIDEO SERVI 6,757.96 6,757.96 605000 5/30/2025 034 705 CRUZ, MARISOL 85329626 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605001 5/30/2025 000168 CWEA-TCP 363777 5/19/2025 CERT. RENEWAL - J. O'BLENI 212.00 395095 5/19/2025 MEMBERSHIP RENEWAL- S. 239.00
6131 1 5/19/2025 G1 CERT. RENEWAL - A. BIN) 212.00
32704 5/19/2025 G1 CERT. RENEWAL - T. BRC 106.00 769.00 605002 5/30/2025 015994 DE LAGE LANDEN FINANI 590240837 5/14/2025 CITYWIDE MULTIFUNCTIONA 2,876.02 2,876.02 605003 5/30/2025 037755 DEBRUCKY, ALEX 85614294 4/22/2025 REFUND - SCHEDULE CONFL 677.00 677.00 605004 5/30/2025 035644 DEKRA-LITE INDUSTRIES SO073657 5/1/2025 PIER HOLIDAY TREE - 50% DI 9,900.23 9,900.23 605005 5/30/2025 004136 DELL MARKETING LP 10806701088 3/26/2025 PROPLUS MISSION ON SITE - 2,955.24 2,955.24 605006 5/30/2025 015290 DELTACARE USA BE006571026 6/1/2025 05-R10220600000 HMO DENT. 1,790.87 1,790.87 605007 5/30/2025 002647 DENAULTS HARDWARE I 529381 5/14/2025 HARDWARE & MAINT SUPPLI 38.78 529380 5/14/2025 HARDWARE & MAINT SUPPLI 118.87 157.65
605008 5/30/2025 036216 DENYER. KELLI 85747671 4/25/2025 REFUND - CHANGED MIND 177.00 177.00 605009 5/30/2025 015986 DESTEFANO, LOUIS 51925 5/19/2025 ADULT SOFTBALL OFFICIAL 120.00 120.00 605010 5/30/2025 032950 DONAHOO, NATALIE 85987352 4/30/2025 REFUND OF CREDIT ON ACC 90.00 85987353 4/30/2025 REFUND OF CREDIT ON ACC 209.00 299.00 605011 5/30/2025 037757 DONALDSON, TAMAE 85667438 4/23/2025 REFUND OF CREDIT ON ACC 132.00 132.00 605012 5/30/2025 009540 DUDEK & ASSOCIATES II\ 202503413 5/19/2025 CYPRUS SHORE GRADING, ~ 18,097.50 18,097.50 605013 5/30/2025 004177 E STEWART & ASSOC IN< 9421S 5/19/2025 WEED ABATEMENT FY 2025 4,200.00 9418S 5/19/2025 WEED ABATEMENT FY 2025 10,675.00 14,875.00 605014 5/30/2025 036474 ELLIS, LAURA 85329596 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605015 5/30/2025 036559 EL-RADI, MIRAH 85661907 4/23/2025 REFUND OF DEPOSIT 50.00 50.00 605016 5/30/2025 022541 EMPLOYMENT DEVELOP! Ben2561219 5/30/2025 COURT ORDERED DEBT COL 100.00 100.00 605017 5/30/2025 036067 FALES, JILL 85940573 4/29/2025 REFUND OF CREDIT ON ACC 93.00 93.00 605018 5/30/2025 012132 FERGUSON, ROBERT 041425-041725 4/17/2025 CALBO BUSINESS CONF. EXI 135.00 135.00 605019 5/30/2025 007610 FIVE STAR TALENT 1 4/14/2025 SOUND SYSTEM 5/26/25 550.00 550.00 605020 5/30/2025 037758 FLORES, SALVADOR 85612955 4/22/2025 CREDIT REFUND 84.00 84.00 605021 5/30/2025 037688 FORMEL, KELLY 85329528 4/14/2025 REFUND OF DEPOSIT - 50.00 50.00 605022 5/30/2025 037689 FUNARO. REBECCA 85298143 4/14/2025 REFUND OF CREDIT ON ACC 80.00 80.00 605023 5/30/2025 037700 GALLO, KARA 85524173 4/19/2025 REFUND - NOT SATISFIED 177.00 177.00 605024 5/30/2025 037701 GAO, JIAN 85484808 4/18/2025 REFUND - SCHEDULE CONFl 90.00 90.00 605025 5/30/2025 031719 GATTINELLA, TIANA 85567372 4/21/2025 REFUND - SCHEDULE CONFL 112.00 112.00 Page:4
6 apChklst Final Check List Page: 5
05/29/2025 12:02:35PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 605026 5/30/2025 031385 GEOSYNTEC CONSULTAr 1425265 5/14/2025 WATER QUALITY MANAGEME 587.50 587.50 605027 5/30/2025 037702 GILMOUR, MARTHA 85488371 4/18/2025 REFUND - CLASS CANCELLE 60.00 85488372 4/18/2025 REFUND - CLASS CANCELLE 30.00 90.00
605028 5/30/2025 025958 GIVENS, DEBRA 85577955 4/21/2025 REFUND - CHANGED MIND 152.00 152.00 605029 5/30/2025 030042 GPA CONSULTING 25-00444 5/21/2025 PROFESSIONAL HISTORIC Pl 1,815.00 1,815.00 605030 5/30/2025 001926 GRAINGER INC, WW 9504755712 5/13/2025 HARDWARE/ EQUIPMENT 26.19 26.19 605031 5/30/2025 037236 GREAT SCOTT TREE CAF 56508 4/21/2025 REMOVE & GRIND CYPRESS 1,106.00 56291 4/11/2025 GREAT SCOTT - TREE MAINT 13,620.00
56499 4/15/2025 GREAT SCOTT - TREE MAINT 979.00
56500 4/16/2025 GREAT SCOTT - TREE MAINT 3,588.00
56503 4/17/2025 GREAT SCOTT - TREE MAINT 7,450.00
56505 4/17/2025 GREAT SCOTT - TREE MAINT 5,814.00
56506 4/21/2025 GREAT SCOTT - TREE MAINT 1,157.00
56509 4/29/2025 GREAT SCOTT - TREE MAINT 25,989.00
56514 5/12/2025 GREAT SCOTT - TREE MAINT 7,659.00
56515 5/13/2025 GREAT SCOTT - TREE MAINT 5,162.00
56519 3/19/2025 GREAT SCOTT - TREE MAINT 9,618.00
56518 4/10/2025 GREAT SCOTT - TREE MAINT 15,356.00
56531 4/25/2025 GREAT SCOTT - TREE MAINT 24,687.00
56529 5/15/2025 GREAT SCOTT - TREE MAINT 6,169.00
56530 5/15/2025 GREAT SCOTT - TREE MAINT 4,984.00
56513 5/7/2025 GREAT SCOTT - TREE MAINT 23,487.00
56501 4/17/2025 GREAT SCOTT - TREE MAINT 8,897.00
56502 4/17/2025 GREAT SCOTT - TREE MAINT 711 .00
56511 5/1/2025 GREAT SCOTT - TREE MAINT 3,243.00
56512 5/2/2025 GREAT SCOTT - TREE MAINT 6,634.00
56504 4/17/2025 GREAT SCOTT - TREE MAINT 773.50
56510 4/23/2025 GREAT SCOTT - TREE MAINT 2,133.00
56507 5/1/2025 GREAT SCOTT - TREE MAINT 2,365.00
56516 5/11/2025 GREAT SCOTT - TREE MAINT 1,134.00
56517 4/9/2025 GREAT SCOTT-TREE MAINT 472.50 183,188.00 605032 5/30/2025 037760 GRECO, NADINE 85656158 4/23/2025 REFUND CREDIT ON ACCOUI 109.00 109.00 605033 5/30/2025 037444 GREENSTONE MATERIAL 136519 3/7/2025 CLASS II BASE FOR PUMP TF 9,080.41 9,080.41 605034 5/30/2025 017866 GREENWOOD, JOHN J 060125 6/1/2025 PARKING LOT LEASE AGREE 350.00 350.00 Page: 5
7 apChklst Final Check List Page: 6
05/29/2025 12:02:35PM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 605035 5/30/2025 001140 HACH COMPANY 14498615 5/14/2025 LAB SUPPLIES 701 .67 14496291 5/13/2025 LAB SUPPLIES 335.60
14503455 5/19/2025 LAB SUPPLIES 80.15 1,117.42
605036 5/30/2025 036408 HANNEMANN, MICHELLE 85329420 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605037 5/30/2025 023511 HARPER. EVERETT 51925 5/19/2025 ADULT SOFTBALL OFFICIAL 200.00 200.00 605038 5/30/2025 016179 HAULAWAY STORAGE CC 002254412 4/30/2025 CONTAINER RENTAL 84.00 84.00 605039 5/30/2025 029290 HOMEFRONT AMERICA I~ 1147 5/14/2025 FIELD OF HONOR FLAGS 100.00 100.00 605040 5/30/2025 037690 HORSTMAN, CHAD 85329563 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605041 5/30/2025 036300 INSPIRA FINANCIAL 1005; Ben2561213 5/30/2025 SEC 125 MEDICAL: PAYMENT 3,157.91 3,157.91 605042 5/30/2025 037681 INSPIRA FINANCIAL 1005; 100576-206559'1 5/10/2025 ACCOUNT FEE 200.76 200.76 605043 5/30/2025 010722 IRV SEAVER MOTORCYCI 20250978 5/14/2025 MOTORCYCLE SUPPLIES 796.16 796.16 605044 5/30/2025 034508 JENNETTE COMPANY INC PP7RETENTIO~ 5/19/2025 WRP SPLITTER BOX REHAB! 19,946.00 19,946.00 605045 5/30/2025 006381 JTB SUPPLY COMPANY I~ 115011 5/8/2025 JTB-BATTERY B/U SYSTEM-rv 6,141 .75 115009 5/8/2025 JTB-BATTERY B/U SYSTEM-rv 6,141.75 12,283.50 605046 5/30/2025 029797 KAAM GROUP INC 13483 5/15/2025 CONTRACT TO FURNISH & D 584.96 13487 5/15/2025 CONTRACT TO FURNISH & D 902.08
13493 5/15/2025 CONTRACT TO FURNISH & D 943.72 2,430.76 605047 5/30/2025 033791 KELSOE & ASSOCIATES I 12136 4/30/2025 CYPRUS SHORE GRADING, 2,247.00 2,247.00 605048 5/30/2025 021740 KERPAN, AMANDA 85985925 4/30/2025 REFUND - CLASS CANCELLE 60.00 60.00 605049 5/30/2025 013115 KIMLEY-HORN AND ASSC 31705461 4/30/2025 EAST AVENI DA CORDOVA ST• 647.50 647.50 605050 5/30/2025 029940 KLEINERT, MEGAN 8147692 5/19/2025 ISLAND NIGHTS MUSICIAN Jl 440.00 440.00 605051 5/30/2025 029717 KURTZ, ANTHONY 051325-051425 5/19/2025 CACEO LEADERSHIP SUMMI- 74.00 74.00 605052 5/30/2025 037763 LASH, SCOTT 85661963 4/23/2025 REFUND OF DEPOSIT 50.00 50.00 605053 5/30/2025 037764 LAUB, DEBORA 85620717 4/22/2025 REFUND OF DEPOSIT 50.00 50.00 605054 5/30/2025 037703 LINAMEN, TARA 85590233 4/21/2025 CREDIT REFUND 310.40 310.40 605055 5/30/2025 012492 LITTLEJOHN-REULAND C 0066878 4/30/2025 PARTS & LABOR FOR MACHII 2,531 .12 2,531 .12 605056 5/30/2025 007564 LOWE'S COMPANIES INC 88247 5/15/2025 #9800 154381 2 SUPPLIES 35.56 83172 5/14/2025 #9800 154381 2 SUPPLIES 1,637.99
83183 5/14/2025 #9800 154381 2 SUPPLIES 25.55
83868 5/14/2025 #9800 154381 2 SUPPLIES 66.59
87455 5/7/2025 #9800 154381 2 SUPPLIES 74.32
81874 5/13/2025 #9800 154381 2 SUPPLIES 90.24 1,930.25
605057 5/30/2025 037765 MCANDREWS, JANICE 85726100 4/24/2025 REFUND OF CREDIT ON ACC 191.52 191.52 605058 5/30/2025 030732 MEDINA, MARIA 85620422 4/22/2025 REFUND OF DEPOSIT 50.00 50.00 605059 5/30/2025 037704 MELANDER, CRYSTAL 85484648 4/18/2025 REFUND - SCHEDULE CONFL 404.00 404.00 Page:6
8 apChkLst Final Check List Page: 7
05/29/2025 12:02:35PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 605060 5/30/2025 037766 MERRITT, KELSEY 85760035 4/25/2025 REFUND - REGISTRATION EF 320.00 85760037 4/25/2025 REFUND - REGISTRATION EF 144.00 464.00 605061 5/30/2025 006041 METRON-FARNIER LLC 992397985 5/14/2025 1-8 BASIC - 3W 1,270.16 1,270.16 605062 5/30/2025 035869 MIHELE, LUKE 51925 5/19/2025 SOFTBALL OFFICIAL 120.00 120.00 605063 5/30/2025 034713 MIRANDA, ANA 85661096 4/23/2025 REFUND OF DEPOSIT 50.00 50.00 605064 5/30/2025 003619 MISSION SQUARE-30245~ Ben2561209 5/30/2025 DEFERRED COMP ICMA: PAY 30,945.30 30,945.30 605065 5/30/2025 034976 MISSION SQUARE-30637~ Ben2561217 5/30/2025 DEFERRED COMP/ICMA PTS: 6,615.78 6,615.78 605066 5/30/2025 03777 4 MULTIMEDIA LED INC INV11378 5/13/2025 SCOREBOARD REPAIR 950.08 950.08 605067 5/30/2025 030690 NIETO, LILLIAN 85317084 4/14/2025 REFUND OF CREDIT ON ACC 125.00 125.00 605068 5/30/2025 037691 NORMAN, KARI 85329385 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605069 5/30/2025 031605 NORTHSTAR CHEMICAL 311082 5/16/2025 SUPPLY & DELIVERY OF SOC 2,879.42 2,879.42 605070 5/30/2025 023015 NURSERY PRODUCTS LL 57640 5/1/2025 TRANSPORT OF BIOSOLIDS . 30,994.75 30,994.75 605071 5/30/2025 036433 O'BRYANT, DIANA 85672043 4/23/2025 REFUND - SCHEDULE CON FL 190.00 190.00 605072 5/30/2025 030289 OCCUPATIONAL HEALTH 86728515 5/7/2025 PHYS LEVEL 2, TB TEST, DOl 317.00 317.00 605073 5/30/2025 001207 ODP BUSINESS SOLUTIO 424460786001 5/14/2025 OFFICE SUPPLIES NC #8983. 130.92 423809319001 5/13/2025 OFFICE SUPPLIES NC #8983. 43.65
423827275001 5/13/2025 OFFICE SUPPLIES NC #8983. 44.59
420050288001 5/11/2025 OFFICE SUPPLIES NC #8983. 23.24
418699269001 5/2/2025 OFFICE SUPPLIES NC #8983. 155.56
422385371001 5/7/2025 OFFICE SUPPLIES NC #8983. 55.52
423818589001 5/13/2025 OFFICE SUPPLIES NC #8983. 184.38 420051108001 5/8/2025 OFFICE SUPPLIES NC #8983" 45.24 683.10 605074 5/30/2025 023392 OMEGA INDUSTRIAL SUP 163541 5/16/2025 SAFETY GLASSES 433.17 433.17 605075 5/30/2025 008563 ONESOURCE DISTRIBUT• S007876145.00~ 5/12/2025 SUPPLY 119.73 119.73 605076 5/30/2025 000535 ORANGE CO ENVIRONME IN2755348 5/17/2025 ANNUAL MANDATORY YARD I 266.00 266.00 605077 5/30/2025 020253 O'REILLY AUTO PARTS 2676-343725 5/20/2025 14OZ GREASE 329.33 329.33 605078 5/30/2025 009977 OVERIN, MICHELLE 85329253 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605079 5/30/2025 034649 PARSONS, ROSS 51925 5/19/2025 SOFTBALL OFFICIAL PAYMEt- 240.00 240.00 605080 5/30/2025 033459 PAX WATER TECHNOLO( INV0038523 5/5/2025 TRIPOD 2,001 .30 2,001 .30 605081 5/30/2025 030664 PEREZ.RACHEL 052025-052325 5/27/2025 CAL-OES TRAINING G-205 E)< 54.00 54.00 605082 5/30/2025 034108 PHILLIPS, SARAH 85424071 4/16/2025 REFUND OF DEPOSIT 50.00 50.00 605083 5/30/2025 016440 PIONEER AMERICAS LLC 900562300 5/12/2025 SUPPLY & DELIVERY OF SOC 10,875.13 10,875.13 605084 5/30/2025 008550 PLANNING DIR ASSOC 01 052125 5/21/2025 ANNL MEMBERSHIP DUES 175.00 175.00 605085 5/30/2025 037768 POLICARPO, CRISTAL 85620365 4/22/2025 REFUND OF DEPOSIT 50.00 50.00 605086 5/30/2025 030290 POLLARD, BRETT 051325-051425 5/15/2025 CHINO HILLS TRAINING EXP 117.52 117.52 Page: 7
9 apChkLst Final Check List Page: 8
05/29/2025 12:02:35PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 605087 5/30/2025 008613 POLYDYNE INC 1917564 3/26/2025 LIQUID ALUM FOR WATER RE 18,283.44 18,283.44 605088 5/30/2025 036403 PRESIDIO CLEANERS A70-118 4/7/2025 PATCHES SEWN ON LIFEGUI 550.00 550.00 605089 5/30/2025 026722 PROJECT PARTNERS INC 12635 5/2/2025 AS NEEDED SERVICES FOR' 77.50 12633 5/2/2025 PEDESTRIAN AUDIBLE WARI' 232.50
12634 5/2/2025 REEVES PUMP STATION PRC 77.50 387.50
605090 5/30/2025 003616 PRUDENTIAL OVERALLS 132315470 5/20/2025 1372603 UNIFORMS RENTAL 58.71 58.71 605091 5/30/2025 035122 PSI WATER TECHNOLOG INV0008527 3/14/2025 PARTS - PLC EXPANSION MO 1,478.11 INV0008594 4/11/2025 PARTS - SENSOR, PRESSURI 1,945.80 3,423.91 605092 5/30/2025 002822 PUBLIC AGENCY RISK MC 4075 7/1/2025 MEMBERSHIP FY 2026 300.00 300.00 605093 5/30/2025 003798 R & R PRODUCTS INC CD3026412 5/13/2025 GRINDING DISC 38.20 CD3026236 5/13/2025 LAPPING COMPOUND 192.71 230.91
605094 5/30/2025 035979 RAMIREZ, LESLY 85661674 4/23/2025 REFUND OF DEPOSIT 50.00 50.00 605095 5/30/2025 021852 RAMIREZ, MARIA 85328925 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605096 5/30/2025 034177 REAL ESTATE CONSULTII 19114 4/11/2025 REC&S - CITY TRAIL MAINT (! 2,000.00 19116 4/14/2025 REBAR STAKES IN STRAW 1,392.60 3,392.60 605097 5/30/2025 000067 RINCON TRUCK CENTER 371067 5/19/2025 PARTS 7.14 370968 5/15/2025 PARTS 52.24
370993 5/15/2025 PARTS 71 .76 131 .14
605098 5/30/2025 037769 ROBINSON, CAREY 85661182 4/23/2025 REFUND OF DEPOSIT 50.00 50.00 605099 5/30/2025 000635 SAN CLEMENTE CITY EM Ben2561207 5/30/2025 DUES-SCCEA: PAYMENT 1,582.00 1,582.00 605100 5/30/2025 000768 SAN CLEMENTE CITY WA 050825 5/8/2025 WATER SERVICE 103,923.82 103,923.82 605101 5/30/2025 001174 SAN DIEGO GAS & ELECl 051525 5/15/2025 0027684968885 DISTRIBUTIO 27.20 051925 5/19/2025 0035968576381 DISTRI BUTIO 335.15 362.35 605102 5/30/2025 009896 SANTA MARGARITA WATE 001140130-5112 5/9/2025 WATER SERVICES #00114012 255.91 001140130-5029 5/9/2025 WATER SERVICES #00114012 1,730.59 001140130-5231 5/9/2025 WATER SERVICES #00114012 543.04 001140130-5230 5/9/2025 WATER SERVICES #00114012 84.40
001140130-5230 5/9/2025 WATER SERVICES #00114012 139.73 000940050-457€ 5/9/2025 WATER SERVICES #00114012 78.27
000940050-4484 5/9/2025 WATER SERVICES #00114012 1,110.88 3,942.82 605103 5/30/2025 037693 SAUL, CAROL 85297941 4/14/2025 REFUND - CLASS CANCELLE 149.00 149.00 605104 5/30/2025 0244 79 SCHWARTZ, ALICIA 85329722 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605105 5/30/2025 037754 SERRANO, NELLY 85661795 4/23/2025 REFUND OF DEPOSIT 50.00 50.00 605106 5/30/2025 037694 SHAFFER, BENJAMIN 85329491 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605107 5/30/2025 037770 SHIEH, SAMANTHA 85886288 4/28/2025 REFUND - REGISTRATION EF 134.00 134.00 Page: 8
1 0
apChkLst Final Check List Page: 9
05/29/2025 12:02:35PM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 605108 5/30/2025 036459 SILVA, MIRIAM 67939455 4/15/2024 REFUND OF DEPOSIT 50.00 50.00 605109 5/30/2025 008357 SIMPLOT TURF & HORTIC 205097865 11/7/2024 SIMPLOT TURF & HORTICULl 10,731 .90 10,731 .90 605110 5/30/2025 028119 SMART ENERGY WATER 10080 4/30/2025 CREDIT CARD PROCESSING 1,705.27 1,705.27 605111 5/30/2025 037695 SNOOK, BRITTANY 85328975 4/14/2025 REFUND OF DEPOSIT 50.00 50.00 605112 5/30/2025 012908 SOUTH PACIFIC CONSTR B24-1743 8/23/2024 REFUND OF WMP FEE 250.00 B24-1744 8/23/2024 REFUND OF WMP FEE 250.00
B24-1745 8/23/2024 REFUND OF WMP FEE 250.00 750.00
605113 5/30/2025 000208 SOUTHERN COUNTIES Fl IN-0000129267 5/16/2025 FUEL PURCHASES FOR CITY 12,013.13 12,013.13 605114 5/30/2025 031544 SPIRALEDGE INC SO18102258 5/14/2025 SWIM CAPS FOR JR LIFEGW 321 .64 321 .64 605115 5/30/2025 002099 STATE CONTROLLERS 01 FTB-00007953 5/7/2025 CUST. ID : CITY420 207.54 207.54 605116 5/30/2025 036904 SUPPORT UNLIMITED INC 909A 3/27/2025 LIFE OPER TROUBLESHOOT 2,305.85 2,305.85 605117 5/30/2025 029343 SURBIDA, MARTHA 85634982 4/22/2025 REFUND OF CREDIT ON ACC 43.00 43.00 605118 5/30/2025 037308 SWCA ENVIRONMENTAL 220030 5/16/2025 MONITORING AND INSPECTII 1,764.04 1,764.04 605119 5/30/2025 031566 SWEET, JASON 85352306 4/15/2025 REFUND OF DEPOSIT 15.63 85352362 4/15/2025 REFUND OF DEPOSIT 18.75
85352399 4/15/2025 REFUND OF DEPOSIT 15.63
85352432 4/15/2025 REFUND OF DEPOSIT 18.75
85352446 4/15/2025 REFUND OF DEPOSIT 15.63 84.39
605120 5/30/2025 035553 TATICH, TAMARA 052025 5/20/2025 REIMB. FOR REFRESHMENT 104.18 104.18 605121 5/30/2025 026425 TAYLOR, WILLIAM D 060125 6/1/2025 PARKING LOT LEASE AGREE 166.66 166.66 605122 5/30/2025 032785 THE FRANK HC NAM BYP 060125 6/1/2025 PARKING LOT LEASE AGREE 800.00 800.00 605123 5/30/2025 036718 TRANSDEV FLEET SERVI 11950534 4/30/2025 FLEET MAINTENANCE CONTI 53,184.67 11950538 4/30/2025 FLEET MAINTENANCE NON C 1,411.96 54,596.63 605124 5/30/2025 000976 TURBO DATA INC 45746 4/30/2025 CITATION PROCESSING FOR 3,550.89 45747 4/30/2025 ADMIN CITATION PROCESS!~ 2,396.47 5,947.36 605125 5/30/2025 007027 TURF STAR INC INV088931 5/19/2025 BED KNIFE 419.15 419.15 605126 5/30/2025 001680 UNITED RENTALS NORH 247494672-001 5/6/2025 BOOM RENTAL 1,084.13 1,084.13 605127 5/30/2025 015061 UNREALE PROMOTIONS 6623523 2/17/2025 RASHGUARDS/PATCHES 525.18 525.18 605128 5/30/2025 001190 USA BLUE BOOK INV00711332 5/15/2025 SUPPLIES 53.23 53.23 605129 5/30/2025 037519 VILLANUEVA, MICHAEL 51925 5/19/2025 SOFTBALL OFFICIAL PAYMEt-, 80.00 80.00 605130 5/30/2025 003356 WATERLINE TECHNOLOC 5740479 5/19/2025 HYPOCHLORITE SOLUTIONS 3,758.56 5740480 5/19/2025 HYPOCHLORITE SOLUTIONS 675.59
5740572 5/20/2025 GRANULAR ACID 270.77 4,704.92
605131 5/30/2025 037771 WAZIRI, MO 85620616 4/22/2025 REFUND OF DEPOSIT 50.00 50.00 Page: 9
1 1
apChklst
05/29/2025 12:02:35PM
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice
605132 5/30/2025 023811 WELLS FARGO ADVISOR: 7320
7320
605133 5/30/2025 00817 4 WEST COAST SAND & GF 838418
Final Check List

SAN CLEMENTE
Inv Date Descriotion
5/8/2025 QUARTERLY FEES FOR QTR
10/5/2024 QUARTERLY FEES 4TH QUAF
5/6/2025 SCREENED FILL SAND
Amount Paid
12,500.00
6,250.00
451.51
605134 5/30/2025 012785 WYLIE, SAMANTHA P6756539532 5/16/2025 REIMBURSEMENT - ARTWOF 521 .25 Sub total for BANK OF THE WEST:

Page: 10
Check Total
18,750.00
451 .51
521 .25
1,568,903.25
Page: 10
1 2
apChklst
05/29/2025 12:02:35PM
183 checks in this report.

Final Check List

SAN CLEMENTE
Page: 11
Grand Total All Checks: 1,568,903.25
Page: 11
1 Agenda Item: 11C(2)

CITY OF SAN CLEMENTE

CERTIFICATION OF WARRANTS

I HEREBY SUBMIT THE ATTACHED

WARRANT REGISTER FOR AUDIT

AND APPROVAL BY THE CITY
COUNCIL, CtTY OF SAN CLEMENTE

CITY MANAGER
ATTEST: CITY CLERK

I HEREBY CERTIFY TO THE ACCURACY OF THE FOREGOING

DEMANDS AND THAT FUNDS ARE AVAILABLE FOR PAYMENT
THEREOF:

Fl NANCE MANAGER

APPROVED AND ORDERED PAID AT

THE MEETING OF THE CITY COUNCIL

HELD ON
------------
1 N THE AMOUNT OF $_1 ~4_78~18_9_.2_4 ____ _
DA TED ON 06/06/2025
MAYOR

PAID BY WARRANTS SIGNED BY LEGALLY

DESIGNATED PERSONS IN ACCORDANCE

WITH THE STATE OF CALIFORNIA
GOVERNMENT CODE, SECTION-41003 CITY TREASURER
2 apChklst Final Check List Page: 1
06/04/2025 11 :40:51 AM SAN CLEMENTE
Bank : city BANK OF THE WEST
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 605135 6/6/2025 035116 ACCESS CONTROL SECL 0066879 5/19/2025 PRIVATE PARKING ENFORCE 1,440.00 1,440.00 605136 6/6/2025 036844 ACE CAPITAL ENGINEER PP7 5/27/2025 CITY HALL STANDBY GENER 20,233.14 20,233.14 605137 6/6/2025 03727 4 ADRIG, JAMES 120324 12/3/2024 REFUND FOR AMBULANCE c 1,141.98 1,141.98 605138 6/6/2025 023979 ALFA LAVAL INC 284108719 5/21/2025 FRAME FOOT I VIBRATION D 2,672.39 2,672.39 605139 6/6/2025 034095 ARDENT PRESS INC 44616 5/8/2025 SPECIAL EVENT SIGNS 267.46 44778 5/28/2025 BUSINESS CARDS 46.44 313.90
605140 6/6/2025 024288 ARMOR FENCE CONCEP' 1440-1549CM 5/21/2025 VHSP - CHAIN LINK REPAIR F 695.00 695.00 605141 6/6/2025 019070 ATOM COMPANY INC 25130 5/13/2025 SAW CUT ASPHALT 1,485.00 1,485.00 605142 6/6/2025 037745 BAEZ, ADAM 52725 5/27/2025 SOFTBALL OFFICIAL PAYMEt 120.00 120.00 605143 6/6/2025 006409 BAY CITY INDUSTRIAL SL 295608 5/20/2025 PARTS/HARDWARE 2,743.43 2,743.43 605144 6/6/2025 027754 BEACH CITY FLORISTS II 1 5/26/2025 3 FLORAL WREATHS - MEMC 888.94 888.94 605145 6/6/2025 007922 BEE BUSTERS 153400 4/30/2025 REMOVAL OF COLONY BEES 125.00 153570 5/12/2025 REMOVAL OF COLONY BEES 125.00
153611 5/13/2025 REMOVAL OF COLONY BEES 185.00 435.00
605146 6/6/2025 032624 BLECKERT'S POWER SEI 1334 5/27/2025 GENERATOR RENTAL FOR C 6,500.00 6,500.00 605147 6/6/2025 037277 BLIGHTY DESIGN CONSL 1000008 5/23/2025 STAFF UNIFORMS 888.21 888.21 605148 6/6/2025 037750 BLISS, KRISTY 86039453 5/1/2025 REFUND OF DEPOSIT 50.00 50.00 605149 6/6/2025 037752 BUILDERS FOR BETTER , 86037559 5/1/2025 REFUND OF DEPOSIT 525.00 86037747 5/1/2025 SECURITY GUARD FEE REFL 173.25 698.25 605150 6/6/2025 036797 BUSTAMANTE, YVONNE 052825 5/28/2025 INSTRUCTOR PAYMENT 588.00 588.00 605151 6/6/2025 005046 C. WELLS PIPELINE MATI SINV25-1578 2/13/2025 FIRE HYDRANT PARTS FOR I 5,344.40 5,344.40 605152 6/6/2025 016915 CACEO 200034053 4/27/2025 APPLICATION FEE 210.00 200034317 5/21/2025 MODULE CERT. FEE 600.00 810.00
605153 6/6/2025 030641 CALIFORNIA FIRE PROTE 10585 5/19/2025 SPRINKLER TESTING/ REPA 4,195.00 4,195.00 605154 6/6/2025 027238 CALPINE ENERGY SOLU- 2514900216287! 5/29/2025 ELECTRICITY A/C #281218 128,120.72 128,120.72 605155 6/6/2025 014672 CAPISTRANO CRANE SEI 19766 2/18/2025 CRANE RENTAL 440.00 440.00 605156 6/6/2025 026929 CARRILLO, DAVID 050625-051025 5/10/2025 CPF CONFERENCE EXP REI~ 1,272.59 1,272.59 605157 6/6/2025 014350 CERTIFIED FIRE EXTINQI 187145 5/15/2025 QUARTERLY INSPECTION & • 1,520.00 1,520.00 605158 6/6/2025 037788 CHELU SURFBOARD INC 126240 4/14/2025 CITATION REFUND #CE2025- 100.00 100.00 605159 6/6/2025 026046 COLTS LANDSCAPE INC 1553 5/20/2025 PLANTING SEMPER-Fl PARK 1,500.00 1565 5/21/2025 MEMORIAL DAY EXTRA LABC 3,750.00
1558 5/19/2025 COLTS - STREETSCAPES (BJ 3,380.00 8,630.00 605160 6/6/2025 009560 COLUMBIA CASCADE CO 40725-42 5/23/2025 TIERRA GRANDE PK - PG PA 355.15 355.15 605161 6/6/2025 016595 COMMUNITY COUNTERP. 00012 4/2/2025 CONTRACT PLANNING SER\/ 10,000.00 10,000.00 Page: 1
3 apChkLst Final Check List Page: 2
06/04/2025 11 :40:51AM SAN CLEMENTE
Bank : city BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 605162 6/6/2025 022760 CONTROL TECH WEST I~ 4143 5/20/2025 TRAFFIC CONTROLLERS SO 4,417.75 4144 5/20/2025 TRAFFIC CONTROLLERS SO 4,417.75 4145 5/20/2025 TRAFFIC CONTROLLERS SO 4,417.75 13,253.25 605163 6/6/2025 001394 COOK PGA GOLF SHOP I 060225 6/2/2025 5/26/25 - 6/01/25 WEEKLY PA~ 25,427.92 25,427.92 605164 6/6/2025 001681 CORONA CLAY COMPAN' 16690 4/21/2025 DECOMPOSED GRANITE - s· 1,546.13 1,546.13 605165 6/6/2025 037756 DE PIAZZA, SUSAN 86086743 5/2/2025 REFUND - CLASS CANCELLE 115.00 115.00 605166 6/6/2025 00264 7 DENAULT'S HARDWARE 529451 5/19/2025 HARDWARE & MAINT SUPPL 88.71 529419 5/16/2025 HARDWARE & MAINT SUPPL 87.49
529447 5/19/2025 HARDWARE & MAINT SUPPL 29.08
529463 5/19/2025 HARDWARE & MAINT SUPPL 6.39
529486 5/21/2025 HARDWARE & MAINT SUPPL 134.96
529571 5/27/2025 HARDWARE & MAINT SUPPL 113.62
529575 5/27/2025 HARDWARE & MAINT SUPPL 77.55
529395 5/15/2025 HARDWARE & MAINT SUPPL 96.96
529396 5/15/2025 HARDWARE & MAINT SUPPL 52.05
529408 5/15/2025 HARDWARE & MAINT SUPPL 118.12
529415 5/16/2025 HARDWARE & MAINT SUPPL 24.37 529515 5/22/2025 HARDWARE & MAINT SUPPL 120.16 949.46 605167 6/6/2025 015986 DESTEFANO, LOUIS 52725 5/27/2025 ADULT SOFTBALL OFFICIAL 120.00 120.00 605168 6/6/2025 037577 DEVIL MOUNTAIN WHOLE INV498756 4/24/2025 TREES FOR ARBOR DAY 202 10,664.56 10,664.56 605169 6/6/2025 004462 DOHENY PLUMBING INC 73146 5/7/2025 BEACHES & PARKS MAINTE~ 823.00 73194 5/19/2025 BEACHES & PARKS MAINTE~ 970.50
73143 5/7/2025 BEACHES & PARKS MAINTE~ 823.00
73144 5/7/2025 BEACHES & PARKS MAINTE~ 823.00
73145 5/7/2025 BEACHES & PARKS MAINTE~ 823.00 4,262.50
605170 6/6/2025 004177 E STEWART & ASSOC I Nt 9426S 5/27/2025 WEED ABATEMENT FY 2025 8,300.00 9425S 5/27/2025 WEED ABATEMENT FY 2025 32,737.20 41 ,037.20 605171 6/6/2025 037785 EHRET, ANDREA 86518655 5/12/2025 CREDIT REFUND - SCHEDUL 150.00 150.00 605172 6/6/2025 009238 ELKINS, CHRISTINA 051625 5/16/2025 INSTRUCTOR PAYMENT 504.00 504.00 605173 6/6/2025 035720 ELYSIAN ARTS & EVENT:: 051425 5/14/2025 INSTRUCTOR PAYMENT 2,917.60 051625 5/16/2025 INSTRUCTOR PAYMENT 887.60 3,805.20
605174 6/6/2025 034180 FLOCK SAFETY INV-65793 5/29/2025 ALPR ANNUAL RECURRING C 49,500.00 INV-65739 5/28/2025 ALPR ANNUAL RECURRING C 19,800.00 69,300.00 605175 6/6/2025 035242 FULL TRAFFIC MAINTENJ 44331 5/20/2025 STREET NAME SIGNS 96.98 96.98 605176 6/6/2025 0377 40 GEMINI GROUP CONSUL 1201 3/24/2025 INVOICE #1201 FOR 2025 CO 14,554.07 14,554.07 --
Page: 2
4 apChkLst Final Check List Page: 3
06/04/2025 11 :40:51AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 605177 6/6/2025 037759 GESIRIECH, MORGAN 86213673 5/5/2025 REFUND OF DEPOSIT 50.00 50.00 605178 6/6/2025 032612 GIANT CO2 507147 5/22/2025 CHEMICAL SUPPLIES 554.17 554.17 605179 6/6/2025 029327 GOLDEN WEST WINDOV\ 26650 5/9/2025 WINDOW CLEANING QUARTI 1,036.15 1,036.15 605180 6/6/2025 001926 GRAINGER INC, WW 9512343808 5/19/2025 HARDWARE/ EQUIPMENT 248.01 9515303775 5/21/2025 WORKS BOOTS RETURN -275.09 9490287811 4/29/2025 HARDWARE/ EQUIPMENT 226.36 9514470906 5/21/2025 CREDIT FOR HARDWARE / E -226.36 9506962951 5/14/2025 HARDWARE/ EQUIPMENT 418.67 9508991784 5/15/2025 HARDWARE/ EQUIPMENT 2,274.08
9511729700 5/19/2025 HARDWARE/ EQUIPMENT 32.03 2,697.70 605181 6/6/2025 001140 HACH COMPANY 14507543 5/21/2025 LAB SUPPLIES 952.09 952.09 605182 6/6/2025 037761 HAMILTON, JASON 86054653 5/1/2025 REFUND - SCHEDULE CONFI 1,185.00 1,185.00 605183 6/6/2025 037316 HAMMARGREN. ELEANO 052925 5/29/2025 INSTRUCTOR PAYMENT 322.00 322.00 605184 6/6/2025 023511 HARPER. EVERETT 52725 5/27/2025 ADULT SOFTBALL OFFICIAL 200.00 200.00 605185 6/6/2025 036137 HASA INC 1036951 5/20/2025 CONTRACT FOR 12.5% SODI 408.72 1036949 5/20/2025 CONTRACT FOR 12.5% SODI 419.20
1036948 5/20/2025 CONTRACT FOR 12.5% SODI 75.00 902.92
605186 6/6/2025 035188 HEALTHY U 052025 5/20/2025 INSTRUCTOR PAYMENT 357.00 357.00 605187 6/6/2025 033397 HIDALGO, JAIME 86039703 5/1/2025 REFUND OF DEPOSIT 50.00 50.00 605188 6/6/2025 007033 IMPERIAL SPRINKLER SL 0021083470-001 5/27/2025 IRRIGATION SUPPLIES 163.38 0020951408-001 5/20/2025 IRRIGATION SUPPLIES 170.22
0020951159-001 5/20/2025 IRRIGATION SUPPLIES 203.14
0020956637-001 5/20/2025 IRRIGATION SUPPLIES 78.01
0021045279-001 5/23/2025 IRRIGATION SUPPLIES 783.01 0021023616-001 5/22/2025 IRRIGATION SUPPLIES 214.90 1,612.66 605189 6/6/2025 031618 INNOVATIVE PEST SOLU. 82990 5/16/2025 BIRD TRAPPING & REHOMIN 193.20 83640 5/23/2025 BIRD TRAPPING & REHOMIN 193.20 386.40
605190 6/6/2025 022623 JCTEES COM CORPORA- 10322 5/9/2025 CHAMPIONSHIP SHIRTS - SC 198.95 10321 5/9/2025 CHAMPIONSHIP SHIRTS - SC 1,353.58
10327 5/27/2025 BEACH VOLLEYBALL SHIRTS 1,063.24
10307 5/15/2025 STAFF UNIFORMS 3,533.25 6,149.02
605191 6/6/2025 037652 JOHN ROBINSON CONSL SC202501 -01 5/5/2025 PSA FOR CROSS CONNECT!· 16,245.00 16,245.00 605192 6/6/2025 009069 JP'S SURF CAMP INC 052025 5/20/2025 INSTRUCTOR PAYMENT 2,716.00 2,716.00 605193 6/6/2025 006381 JTB SUPPLY COMPANY If 115078 5/22/2025 SIGNAL SUPPLIES 2,255.00 2,255.00 605194 6/6/2025 037762 KENNEY, ASHLEEN 86235737 5/5/2025 REFUND OF DEPOSIT 75.00 75.00 Page: 3
5 apChklst Final Check List Page: 4
06/04/2025 11 :40:51AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid Check Total 605195 6/6/2025 021523 KONEVAL, LAURA 86213195 5/5/2025- REFUND - SCHEDULE CONFI 200.00 86213199 5/5/2025 REFUND - SCHEDULE CONFI 200.00
862"13200 5/5/2025 REFUND - SCHEDULE CONFI 200.00
86213201 5/5/2025 REFUND - SCHEDULE CONFI 200.00
86213202 5/5/2025 REFUND - SCHEDULE CONFI 200.00
86213204 5/5/2025 REFUND - SCHEDULE CONFI 186.00 1,186.00 605196 6/6/2025 03587 5 KUNO'S GRADING INC 3178 5/25/2025 KUNO'S - SAND PUSHING FY 19,000.00 19,000.00 605197 6/6/2025 004134 LC PAVING & SEALING PP9 5/29/2025- AS-NEEDED ASPHALT PAVEi\ 7,742.84 7,742.84 605198 6/6/2025 028732 LACEY JUNE STUDIO 051925 5/19/2025 CONTRACT INSTRUCTOR PA 2,912.00 2,912.00 605199 6/6/2025 000937 LINDE GAS & EQUIPMEN. 49880147 5/22/2025 CUSTOMER #71635749 CHE!\ 643.52 49885323 5/22/2025 CUSTOMER #71723993 CHE!\ 52.45 695.97 605200 6/6/2025 007564 LOWE'S COMPANIES INC 73927 5/19/2025 #9800 154381 2 SUPPLIES 504.79 77677 5/20/2025 #9800 154381 2 SUPPLIES 44.28
75510 5/20/2025 #9800 154381 2 SUPPLIES 40.70
77458 5/20/2025 #9800 154381 2 SUPPLIES 43.46
72155 5/19/2025 #9800 154381 2 SUPPL! ES 75.90
71733 5/19/2025 #9800 154381 2 SUPPLIES 14.55
77228 5/20/2025 #9800 1-54381 2 SUPPLIES 90.91
83275- 5/22/2025 #9800 154381 2 SUPPLIES 83.17
87813 5/15/2025 #9800 154381 2 SUPPLIES 74.66
76699 5/27/2025 #9800 154381 2 SUPPLIES 52.61
78-956 5/28/2025 #9800 154381 2 SUPPLIES 49.74 1,074.77 605201 6/6/2025 037789 MANDEL, RICHARD & ANI 964557 5/16/2025- ABS REFUND FOR CUSTOME 40.00 40.00 605202 6/6/2025 000502 MCMASTER-CARR SUPPi 46208827 5/27/2025 EQUIPMENT & TOOLS 232.70 45313393 5/8/2025 EQUIPMENT & TOOLS 442.57 675.27
605203 6/6/2025 006041 METRON-FARNIER LLC 992398738 5/22/2025- SYS - TMDDISPLAY 1,850.00 1,850.00 605204 6/6/2025 034370 MISSION PROTECTION S 0006714 5/26/2026 SECURITY GUARD SERVICE! 277.50 0006713 5/26/2026 SECURITY GUARD SERVICE! 277.50 555.00 605205 6/6/2025 034339 MORENO, MANUELA 86039056 5/1/2025 REFUND OF DEPOSIT 50.00 50.00 605206 6/6/2025 030752 MUDGE, SHERI 03164D 5/7/2025 EXP FOR ALL STAFF MEETIN 85.68 06441D 5/7/2025 EXP FOR ALL STAFF MEETIN 16.72
271499 5/5/2025 EXP FOR ALL STAFF MEETIN 60.74
09602D 5/5/2025 EXP FOR ALL STAFF MEETIN 159.91 323.05
605207 6/6/2025 006627 MUNI WATER DIST OF OF 3165 5/21/2025 FY 2025 RESIDENTIAL SUPPl 125.00 11793 5/15/2025 FISCAL YEAR 2025 - MWDOC 841 ,012.07 841 ,137.07 Page: 4
6 apChkLst Final Check List Page: 5
06/04/2025 11 :40:51AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 605208 6/6/2025 015607 MUSCO SPORTS LIGHTI~ 438691 5/8/2025 SAN G PK - SPORTS LIGHTII\ 4,852.53 4,852.53 605209 6/6/2025 003762 NATIONAL CONST RENTJ 7815927 5/2/2025 PORTABLE RESTROOMS DAI 921 .26 921.26 605210 6/6/2025 025176 NICHOLS CONSULTING E 790063002 5/29/2025 PAVEMENT MANAGEMENTS" 3,920.64 3,920.64 605211 6/6/2025 001207 ODP BUSINESS SOLUTIC 423404251001 5/10/2025 OFFICE SUPPLIES A/C #8983 3.80 423404253001 5/10/2025 OFFICE SUPPLIES A/C #8983 27.78
423002570001 5/8/2025 OFFICE SUPPLIES A/C #8983 15.45
423000824001 5/8/2025 OFFICE SUPPLIES A/C #8983 230.49
422364192001 5/19/2025 OFFICE SUPPLIES A/C #8983 369.68 423404243001 5/12/2025 OFFICE SUPPLIES A/C #8983 56.36 423393058001 5/12/2025 OFFICE SUPPLIES A/C #8983 138.01 421969804001 5/15/2025 OFFICE SUPPLIES A/C #8983 7.32 421981529001 5/15/2025 OFFICE SUPPLIES A/C #8983 82.04 930.93 605212 6/6/2025 003198 ORANGE COUNTY TRAN: AR146868 5/20/2025 OCTA - LEASE PMTS-USE OF 695.00 AR146869 5/20/2025 OCTA - LEASE PMTS-USE OF 616.00
AR146870 5/20/2025 OCTA - LEASE PMTS-USE OF 802.00 2,113.00 605213 6/6/2025 007356 ORANGE, COUNTY OF 052125 5/21/2025 RDA SUCCESSOR AGENCY F 14,950.76 14,950.76 605214 6/6/2025 034649 PARSONS, ROSS 52725 5/27/2025 SOFTBALL OFFICIAL PAYMEt 240.00 240.00 605215 6/6/2025 033459 PAX WATER TECHNOLOC INV0038524 5/5/2025 REPLACEMENT MIXER FOR I 18,597.66 18,597.66 605216 6/6/2025 036977 PEPSI-COLA 68826006 5/14/2025 PEPSI DELIVERY 482.69 65257003 3/14/2025 PEPSI DELIVERY 601 .53 1,084.22
605217 6/6/2025 037747 PETIT, JULIA 5262025 5/26/2025 REIMB. FOR MEMORIAL DAY 225.00 225.00 605218 6/6/2025 021857 PETTY CASH - AQUATIC:: 052725 5/27/2025 REPLENISH PETTY CASH 321.71 321.71 605219 6/6/2025 037370 PFEIFFER, SAGE 86517930 5/12/2025 CREDIT REFUND - SCHEDUL 48.00 48.00 605220 6/6/2025 035750 PICKET FENCE MEDIA 029EC0F7-0057 5/29/2025 CITY LEGAL ADS NOTICE 159.57 84FA23BA-0133 5/14/2025 CITY LEGAL ADS NOTICE 222.88 84FA23BA-0134 5/21/2025 CITY LEGALADS NOTICE 74.87 84FA23BA-0135 5/21/2025 CITY LEGAL ADS NOTICE 65.24 522.56 605221 6/6/2025 037767 PIERCY, JENNIFER 86385895 5/8/2025 REFUND - CLASS CANCELLE 100.00 100.00 605222 6/6/2025 033867 POPE, LISA MICHELLE 250529 5/29/2025 PUB COMMITTEE MINUTES 343.75 343.75 605223 6/6/2025 030163 POWERHOUSE COMBUS 38107 5/23/2025 ADDITIONAL SOURCE TEST 1 1,600.00 1,600.00 605224 6/6/2025 024076 PRIORITY LANDSCAPE S 19084 5/20/2025 PRIORITY - LANDSCP WEST 720.00 720.00 Page: 5
7 apChkLst Final Check List Page: 6
06/04/2025 11 :40:51AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 605225 6/6/2025 003616 PRUDENTIAL OVERALLS 132314308 5/13/2025 RENTAL AND CLEANING OF l 99.57 132315485 5/20/2025 RENTALAND CLEANING OF l 99.57
132315486 5/20/2025 RENTALAND CLEANING OF l 74.07
132315484 5/20/2025 RENTALAND CLEANING OF l 22.01
132315487 5/20/2025 RENTAL AND CLEANING OF l 19.50
132316617 5/27/2025 RENTALAND CLEANING OF l 99.57
132314307 5/13/2025 RENTALAND CLEANING OF l 22.01
132314310 5/13/2025 RENTAL AND CLEANING OF l 19.50
132316618 5/27/2025 RENTAL AND CLEANING OF l 74.07
132316616 5/27/2025 RENTAL AND CLEANING OF l 22.01
132316619 5/27/2025 RENTALAND CLEANING OF l 19.50
132316602 5/27/2025 1372603 UNIFORMS RENTAL 58.71
132315483 5/20/2025 1372603/1273601 /1273604 UN 54.76
132316615 5/27/2025 1372603/1273601/1273604 UN 54.76
132315482 5/20/2025- 1273604 UNIFORMS RENTAL 31.17
132316614 5/27/2025 1273604 UNIFORMS RENTAL 31.17
132314309 5/13/2025 RENTALAND CLEANING OF l 74.07 876.02 605226 6/6/2025 036627 PULSE SUPPLY 40323 4/25/2025 ELECTRICAL MATERIALS 1,517.33 1,517.33 605227 6/6/2025 003944 QUICK CRETE PRODUCT 132828 4/23/2025 MEMORIAL TABLE 4,554.23 4,554.23 605228 6/6/2025 014140 QUINN COMPANY E32156013 12/17/2024 SURGE PROTECTION DEVIC 13,456.57 13,456.57 605229 6/6/202-S 003033 RALPHS GROCERY CO 053510 4/30/2025 BPR A/C # E10007 129.24 041808 5/6/2025 BPR A/C # E10007 20.86
041986 5/6/2025 BPR A/C # E10007 3.99
015746 5/12/2025 BPR A/C # E 10007 108.50
073700 5/14/2025 BPR A/C # E10007 70.91
003993 5/19/2025 BPR A/C # E10007 10.97
015234 5/19/2025 BPR A/C # E10007 45.87 390.34
605230 6/6/2025 004113 RANCHO SAN CLEMENTE 91 0N-052525 5/25/2025 RSCBPASSN. DUES 910 & 1C 774.18 1030N-052525 5/25/2025 RSCBP ASSN. DUES 910 & 1C 556.55 1,330.73 605231 6/6/2025 000067 RINCON TRUCK CENTER 371096 5/20/2025 AIR FILTERS 93.62 93.62 605232 6/6/2025 000207 ROD'S TREE SERVICE IN 120-223-25 5/20/2025 TREE WORK 4,500.00 4,500.00 605233 6/6/2025 037733 SAFE LIFE DEFENSE LLC 32468240 5/23/2025 TACTICAL SAFETY VESTS 8,221.54 8,221 .54 605234 6/6/2025 029285 SANTA MARGARITA WATI 13428 5/20/2025 FY 2025 ANNUAL O & M FOR 918.96 918.96 605235 6/6/2025 034013 SCA OF CA LLC CA1002306 5/27/2025 ADDITIONAL STREET SWEEF 553.80 553.80 605236 6/6/2025 005035 SCHROEDER, KAYNEA 052925 5/29/2025 INSTRUCTOR PAYMENT 12,152.00 12,152.00 Page:6
8 apChkLst Final Check List Page: 7
06/04/2025 11 :40:51AM SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Description Amount Paid Check Total 605237 6/6/2025 008882 SEABERN, JESSICA 052025 5/20/2025 INSTRUCTOR PAYMENT 10,436.80 10,436.80 605238 6/6/2025 000912 SITEONE LANDSCAPE SL 154059185-001 5/27/2025 SCH 80 PVC 253.64 253.64 605239 6/6/2025 002431 SMART & FINAL IRIS INC. 393033 5/14/2025 ACCT #60124600010399088 377.40 972944 5/14/2025 ACCT #60124600010399088 402.22 779.62
605240 6/6/2025 028119 SMART ENERGY WATER 10137 5/29/2025 IVR FEES AND CHARGES 328.50 10135 5/29/2025 IVR FEES AND CHARGES 361 .10
10136 5/29/2025 IVR FEES AND CHARGES 382.19 1,071 .79
605241 6/6/2025 015733 SONITROL GOLD COAST 2160262 6/1/2025 SECURITY SYSTEM CLUB HC 293.99 293.99 605242 6/6/2025 000311 SOUTH COAST AIR QUAL 4540886 5/2/2025 200017 HOT SOPTS PROGR/l 167.47 167.47 605243 6/6/2025 002755 SOUTH COAST DISTRIBL 317132 5/20/2025 SUPPLIES 420.82 420.82 605244 6/6/2025 003204 SOUTHERN CALIF GAS C 052325 5/23/2025 07737028683 GAS SERVICES 8,070.62 052725 5/27/2025 09680756005 GAS SERVICES 8,515.24
052825 5/28/2025 12190707005 GAS SERVICES 37.43 16,623.29 605245 6/6/2025 024548 SOUTHLAND WATER TEC 052725-159 5/2712025 SYNECO SYSTEMS CBW4 3,242.22 3,242.22 605246 6/6/2025 030970 SPERBER, JILL 86183323 5/4/2025 CREDIT ON ACCOUNT REFUI 292.00 292.00 605247 6/6/2025 003563 STANDARD INSURANCE 060125 5/15/2025 VOLUNTARY LIFE INSURANC 93.45 93.45 605248 6/6/2025 014098 STANDARDINSURANCE JUNE25 6/1/2025 INSURANCE 8,632.57 8,632.57 605249 6/6/2025 032032 SUNSTATE EQUIPMENT< 13382287-001 5/19/2025 VHSP -BOOM LIFT RENTAL 1,425.52 1,425.52 605250 6/6/2025 032820 SUPERIOR ELECTRIC MC 142288 5/8/2025 BALDOR MOTOR 761 .95 761 .95 605251 6/6/2025 011040 SWRCB FEES RW-1047262 10/16/2024 FY23-24 RECYCLED WATER I 13,786.20 13,786.20 605252 6/6/2025 034517 SYSCO RIVERSIDE INC 520585885 5/15/2025 ACCT#980883748 SUPPLY FC 999.35 999.35 605253 6/6/2025 037786 TEMPLETON, JAIME 86389585 5/8/2025 CREDIT/DEPOSIT REFUND 50.00 50.00 605254 6/6/2025 014307 TIMES MEDIA GROUP 2025Cl-15722 5/30/2025 CITY LEGAL ADS NOTICE 570.00 570.00 605255 6/6/2025 003436 TONY'S LOCKSMITH 47058 5/13/2025 INSTALLATION & REPLC LOC 771.85 771.85 605256 6/6/2025 037787 TORRES, MACAYLA 86387392 5/8/2025 CREDIT REFUND - CHANGE[ 48.00 48.00 605257 6/6/2025 037341 TURF CONTROL LLC INV38745 5/26/2025 IRRIGAITON PARTS 439.50 439.50 605258 6/6/2025 022435 ULINE INC 192796067 5/12/2025 PLASTIC BUCKETS & STORA 286.74 286.74 605259 6/6/2025 001190 USA BLUE BOOK INV00719525 5/23/2025 SUPPLIES 322.77 INV00718643 5/22/2025 SUPPLIES 713.00 1,035.77
605260 6/6/2025 037519 VILLANUEVA, MICHAEL 52725 5/27/2025 SOFTBALL OFFICIAL PAYMEt 80.00 80.00 605261 6/6/2025 032788 VIRGEN, ANGELICA 86056103 5/1/2025 REFUND - SCHEDULE CONFI 112.00 112.00 605262 6/6/2025 001965 VORTEX INDUSTRIES INC 09-1785957 3/13/2025 MS-REPAIRS TO STEEL DOO 1,305.65 1,305.65 605263 6/6/2025 003374 VULCAN MATERIALS cor 3429775 5/19/2025 PAVING MATERIALS 2,703.19 2,703.19 605264 6/6/2025 003242 WALMART COMMUNITY< 1662774220 5/19/2025 A/C #645889 1,473.75 1,473.75 605265 6/6/2025 002324 WALTERS WHOLESALE E S127759080.001 5/11 /2025 MISC PARTS 3,305.15 3,305.15 -
Page: 7
9 apChkLst
06/04/2025 11 :40:51AM
Final Check List

SAN CLEMENTE
Bank : citv BANK OF THE WEST (Continued)
Check# Date Vendor Invoice Inv Date Descriotion Amount Paid 605266 6/6/2025 035466 WEBSTAURANT STORE L 111512253 5/22/2025 CONCESSION SUPPLIES 2,021 .21 111733795 5/28/2025 8 FT. TABLES 707.89
605267 6/6/2025 025820 WEST MOON STUDIOS 3731 5/27/2025 AUDIO SERVICE 360.00 605268 6/6/2025 037772 WHITE, MATT 86269278 5/6/2025 REFUND - CLASS CANCELLE 30.00 605269 6/6/2025 012785 WYLIE, SAMANTHA 605134 5/30/2025 EFT CK#605134 RETURNED E 521.25 605270 6/6/2025 037784 YOUNG, TARA 86374085 5/8/2025 CREDIT REFUND - SCHEDUL 334.00 86374084 5/8/2025 CREDIT REFUND - SCHEDUL 240.00
Sub total for BANK OF THE WEST:

Page: 8
Check Total
2,729.10
360.00

30.00 521.25
574.00
1,478,189.24
Page: 8
1 0
apChklst
06/04/2025 11:40:51AM
136 checks in this report.

Final Check List

SAN CLEMENTE
Page: 9
Grand Total All Checks: 1,478,189.24
Page: 9
1 Agenda Item: 11C(PR1)

CITY OF SAN CLEMENTE

PAYROLL CERTIFICATION SHEET

DEPARTMENT PAYROLL AND ATTENDANCE RECORDS ARE
HEREBY CERTIFIED AND CHECKS DELIVERED TO:

CITY MANAGER ELECTRONIC

CITY CLERK ELECTRONIC

ACCOUNTING ELECTRONIC

HUMAN RESOURCES ELECTRONIC

ENGINEERING & ADMINISTRATION ELECTRONIC

BUILDING DIVISION ELECTRONIC

PLANNING DIVIISION ELECTRONIC

WATER & SEWER DIVISIONS ELECTRONIC

MAINTENANCE DIVISION ELECTRONIC

PARKS & RECREATION DIVISION ELECTRONIC

MARINE SAFETY ELECTRONIC

GOLF DIVISION ELECTRONIC

PAYROLL OF

FOR THE PERIOD OF
PAYROLL APPROVED:
~~

RATIFIED & APPROVED
IN THE AMOUNT OF:
05/30/2025
05/12 - 05/25/2025

CITY MANAGER
$ 552,274.89

APPROVED & ORDERED PAID BY THE CITY

COUNCIL AT THE MEETING HELD ON
IN THE AMOUNT OF $
-------------
MAYOR
DATE
ORDINANCE NO. 1791

AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF SAN CLEMENTE, CALIFORNIA,
AMENDING EXHIBIT “A” OF CHAPTER 8.22 OF

THE SAN CLEMENTE MUNICIPAL CODE TO

INCLUDE UPDATES TO THE MAP

CLASSIFICATION OF MODERATE, HIGH AND

VERY HIGH FIRE HAZARD SEVERITY ZONES

WITHIN THE CITY OF SAN CLEMENTE
WHEREAS, state legislative response to fires led to mandated mapping across California, including under the California Government Code sections 51175-51189, encompassing all Local Responsibility Areas (LRA); and
WHEREAS, the Fire Hazard Severity Zone maps arose from major destructive fires, prompting the recognition of these areas and strategies to reduce wildfire risks; and WHEREAS, California Government Code section 51178 mandates the State Fire Marshal to classify lands within Local Responsibility Areas into Fire Hazard Severity Zones (FHSZ); and
WHEREAS, California Government Code section 51178 requires the State Fire Marshal to identify areas in the State as moderate, high ,and very high fire hazard severity zones based on statewide criteria and severity of fire hazard that is expected to prevail in those areas; and
WHEREAS, moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread; and
WHEREAS, CAL FIRE’s hazard maps are required by law and their purpose is to drive local planning decisions, not insurance decisions. The CAL FIRE maps are not used for insurance rates or underwriting decisions. Instead, insurance companies use their own computerized wildfire risk models to determine which homes to write based on the risk of loss; and
WHEREAS, under California Government Code section 51179(a), local agencies must designate by ordinance the moderate, high, and very high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal, pursuant to California Government Code section 51178; and
WHEREAS, local governments like the City of San Clemente are not permitted to adopt a map to lower the FHSZ ratings designated by the Office of the State Fire Marshal (OSFM) and can only adopt a map as presented or modify it to raise the rating to a higher threat level; and
1 Agenda Item: 11D
Ordinance No. 1791 Page 2
WHEREAS, pursuant to California Government Code 51178.5, the City of San Clemente made the updated information available for public review and comment within 30 days.

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE DOES ORDAIN AS FOLLOWS:

SECTION 1. Chapter 8.22 of the City of San Clemente Municipal Code is hereby amended to read as follows:

Chapter 8.22 – Very High Fire Hazard Severity Zones

8.22.010 - Designation of very high fire hazard severity zones.

The City of San Clemente designates those amended areas identified on the City’s Fire Hazard Severity Zones (FHSZ) map attached as Exhibit “A” to Ordinance No. 1791 adopted by the City Council of the City of San Clemente on the 17th day of June 2025, and made effective on July 24, 2025, as Moderate, High and Very High Fire Hazard Severity Zones in accordance with Section 51179(a) of the California Government Code.

SECTION 2. City Council directs staff to include the following language on the City’s website above the map where it is published for public inspection.  The CAL FIRE hazard maps are not used for insurance rates or underwriting decisions. Click [PROVIDE LINK TO APPROPRIATE PAGE OF CALIFORNIA DEPARTMENT OF INSURANCE WEBSITE RELATED TO FHSZ MAPS] to learn more.
 Insurance companies use their own computerized wildfire catastrophe models to determine which homes to write based on the risk of loss.
 CAL FIRE’s hazard maps are required by law and their purpose is to drive local planning decisions, not insurance decisions.
 CA Government Code section 51178 requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas.
 Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

SECTION 3. The previous Exhibit “A” Very High FHSZ map attached to Ordinance No. 1547 adopted by the City Council of the City of San Clemente on January 3, 2012 is hereby deleted and of no further force or effect.

SECTION 4. All ordinances and resolutions that are inconsistent with this Ordinance are repealed to the extent of such inconsistency.

SECTION 5. If any section, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases thereof be declared invalid 2 Ordinance No. 1791 Page 3
or unconstitutional.

SECTION 6. The Mayor shall sign this ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish in the San Clemente Times, a weekly newspaper of general circulation, printed, published, and circulated in the City of San Clemente, and it shall take effect and be in force on July 24, 2025.

PASSED, APPROVED, AND ADOPTED this _______day of June, 2025.

ATTEST:
______________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 3 Ordinance No. 1791 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. 1791 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
4 Ordinance No. 1791 Page 5
Exhibit A
5 ORANGE CO.

Fire Hazard Severity Zones (FHSZ) In Local Responsibility Ml o Area (LRA), as Identified by the State Fire Marshal f---~--,-L-----'-,--~--- - Very High - High Moderate
Fire Hazard Severity Zones In State Responsibility
Area (SRA), Effective April 1, 2024
- Very High
Km 0
Projection: NAO 83 C&lifornia Teale Albera
Scale: 1:51.000 at 11 • 1 17"
r_·_-_-_J Incorporated City
Unzoned LRA
D Waterbody
Federal Responsibility
Area (FRA)
Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate. high. and very hi~ fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that Is e<.pected to pre1ail in those areas. Moderate. high. end very high fire hazard severity zones shall be based on fuel loading slope. fire weather. and other relevant factors lncludlna;areas where winds
have been identified t7j the Office of the State Fire Marshal as a major cause of wildfire spread.

The S!ate of (;al fo,r, a and the Dt>par!rnt"nl of Fore<;try and F r!c' Gavin Ne1-.,;om Go~e,no, Stale ol C;tl,forn,a Data Sources Protect on ma~e no represental ons or l'fdttaM,es re&ard n& the accuracy ol data or maps Nett,.-1 the Stale nor !he CR-par!ment shal• 'Mde Crol'¥foct Se<:retary for Natural Resource<; CA Nat,.. ral Resource-, Agency CAL FIR£ Fire Ha:ard Sever ty Zone<; FHSZSRA23 3 FHSZLRA 25 1 be I able under any circurn-,tanc,.sbr any d rect spe,::,al •nc1dental ,;:,e Tyler Dorector F re Ch,E.'-1 CA De-p.artment of Forestry and F re Pto!ect,on CAl FIR£ State ~~on~b,I ty Arffi'> SRA:>5 l or cons-eQuent al damages writ: reo;pect lo any claim by any u..e, or t h rd part)' on account o! 01 ar s ng !rom the u,e ol data or maps Daniel Berlant Slate F.re Marshal CA Department of Forestry and Fire Protect,on C ty and County bounda r e, as of 101:;,:;, 24 1CA !bard of £qua1,.:at1on 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: June 17, 2025 Agenda Item: 11E.

Submitted By: Public Works
Prepared By: Belgin Cuhadaroglu, P.E., Senior Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE NOTICE OF COMPLETION

FOR THE CITY HALL STANDBY GENERATOR ADDITION AND ELECTRICAL DISTRIBUTION SYSTEM UPGRADE, CIP PROJECT NO. 14812 ..body
Fiscal Impact:

The total construction cost of $666,365 was under the approved construction budget of $711,466 from the Public Facility Fund, Account No. 030-818-45300-000-14812.

Summary:

Before the City Council is a Resolution (Attachment 1) and Notice of Completion (Attachment 2) for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, as shown below.
1 L
Meeting Date: June 17, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE
Background:

On June 18, 2024, the City Council awarded a construction contract to ACE Capital Engineering, Inc. for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade (Attachment 3). The work consisted of installation of the 350KW generator, generator distribution switchboard (GDB) along with four automatic transfer switches (ATS) on the north side of the building, associated conduits, cables, and appurtenances.

A summary of the total construction expenditures is provided below:

Construction Management and Inspection $ 31,700
Construction 634,665
Total Project Construction Cost $666,365
Council Options:
 Adopt Resolution No. 25-88 (Attachment 1), which would accept the completed construction work for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade CIP Project No. 14812.
 Adopt Resolution No. 25-88 with modifications.
 Continue the item with direction to provide additional information.

Environmental Review/Analysis:

This Project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 21084 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures, 14 CCR 21084). A Notice of Exemption was filed with the County of Orange Recorder’s Office on January 26, 2023, for this Project. 2 Meeting Date: June 17, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE
Recommended Actions:
..recommendation
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-88, which will:

1. Accept the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, CIP Project No. 14812, from ACE Capital Engineering, Inc.;

2. Authorize the City Clerk to execute and record the Notice of Completion for the completed City Hall Standby Generator Addition and Electrical Distribution System Upgrade;

3. Authorize the City Clerk to release the Payment Bond 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the Contractor, ACE Capital Engineering, Inc.; and

4. Authorize the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director in the amount of 25% of the total construction cost.
..end
Attachment:

1. Resolution No. 25-88

2. Notice of Completion

3. Staff Report dated June 18, 2024
Notification:

None.
3 Attachment 1
RESOLUTION NO. 25-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, ACCEPTING AS

COMPLETE THE CITY HALL STANDBY GENERATOR

ADDITION AND ELECTRICAL DISTRIBUTION SYSTEM
UPGRADE, CIP PROJECT NO. 14812
WHEREAS, on June 18, 2024, the City Council awarded a construction contract to ACE Capital Engineering, Inc. for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, CIP Project No. 14812; and WHEREAS, the work consisted of installation of the 350kW generator, generator distribution switchboard (GDB) along with four automatic transfer switches (ATS) on the north side of the building, associated conduits, cables, and appurtenances; and WHEREAS, ACE Capital Engineering, Inc. has completed the work to the satisfaction of the Public Works Director/City Engineer.

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

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

SECTION 2. That the City Council accepts as complete the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, CIP Project No. 14812 from ACE Capital Engineering, Inc.

SECTION 3. That the City Council authorizes the City Clerk to execute and record a Notice of Completion for CIP Project No. 14812.

SECTION 4. That the City Council authorizes the City Clerk to release the payment bond for this Project 35 days from the recordation of the Notice of Completion upon verification with the Engineering Division that no liens have been levied against the ACE Capital Engineering, Inc.

SECTION 5. That the City Council authorizes the City Clerk to release the performance bond for this project upon receipt of a warranty bond in a form acceptable to the Public Works Director/City Engineer in the amount of 25% of the total construction cost.

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

PASSED AND ADOPTED this _____ day of ____________________, 2025. 4 Resolution No. 25-88 Page 2
ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-88 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
5 Attachment 2
Recording Requested By:

City of San Clemente
When Recorded, Mail To:

City Clerk Department
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Recorded for the benefit of the City of San
Clemente and exempt from recording fees
pursuant to Government Code Section 27383.

Space above this line is for Recorder’s Use Only

NOTICE OF COMPLETION
Notice is hereby given by the City of San Clemente, a Municipal Corporation, that a public work of improvement has been completed as follows:

1. Project title or description of work: The City Hall Standby Generator Addition and Electrical Distribution System Upgrade, Project No. 14812.

2. Date of completion: April 25, 2025.

3. Street address or legal description of the project site: 910 Calle Negocio, City of San Clemente, CA 92673.

4. Name of owner: City of San Clemente.

5. Interest or estate of owner: City of San Clemente

6. Address of owner: 910 Calle Negocio, Suite 100, San Clemente, CA 92673

7. Name and address of contractor: ACE Capital Engineering, Inc., 21771 Fernleaf Drive, Lake Forest, CA 92630.

I am the City Clerk for the City of San Clemente, a Municipal Corporation, the owner of the indicated interest or estate in the property described above. I make this verification on behalf of the City of San Clemente. I have read this Notice of Completion and know its contents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on __________________________ in San Clemente, California. _________________________________
Laura Campagnolo, City Clerk of the City of San Clemente, California.
6 910 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: June 18, 2024 Agenda Item: 11Q
Submitted By: Public Works
Prepared By: Belgin Cuhadaroglu, Associate Civil Engineer Subject:
..titl e

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO ACE CAPITAL ENGINEERING, INC. FOR THE CITY HALL STANDBY GENERATOR ADDITION AND ELECTRICAL DISTRIBUTION SYSTEM UPGRADE, CIP PROJECT NO. 14812, IN THE AMOUNT OF $551,994, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION ..body CONTRACT, AND APPROVING A 15% PROJECT CONTINGENCY Fiscal Impact:

The estimated total project construction cost of $674,794 is within the available approved project budget of $711,466 from Account No. 030-818-45300-000-14812.

Summary:

A stationary standby generator in the northwest corner of the City Hall parking lot is proposed to improve the power system reliability for City Hall in the event of a power outage. The generator is designed to provide 72 hours of operation, including the Orange County Sheriff Department (OCSD) Substation.

Before the City Council is the award of a construction contract to ACE Capital Engineering, Inc., in the amount not to exceed $551,994, and approval of a 15% project contingency of $82,800 for the installation of the standby generator.

Project
Location
N
1 Attachment 3
7 Meeting Date: June 18, 2024 Agenda Item: 11Q

CITY OF SAN CLEMENTE
Background:

The City pre-purchased a 350kW generator with a 72-hour run sub-base fuel tank and related electrical components is proposed to be installed by the proposed contractor within the City Hall parking lot to provide redundant back-up operating power for the City Hall building, including the OCSD Substation during a power outage.

On April 20, 2021, the City Council accepted a grant, in the amount of $300,000, from the California Office of Emergency Services' Community Power Resiliency Allocation program and allocated the grant to the Orange County Sheriff Department (OCSD) Substation project budget (Attachment 4). On August 16, 2022, the City Council approved a purchasing contract with Caterpillar Inc. (CAT), in the amount of $350,000, for a Standby Generator Equipment and Related Distribution Systems (Attachment 5).

Michael Baker International (MBI) designed and prepared a bid package to install the standby generator and electrical distribution system. The project includes the installation of the 350kW generator, generator distribution switchboard (GDB) along with four automatic transfer switches (ATS) on the north side of the building, associated conduits, cables, and appurtenances.

Staff notified local contractors, and advertised the project for competitive bidding on the Planet Bids website and in the SC Times. Eight bids were received on June 4, 2024, ranging from $357,250 to $1,775,671 (for the Base Bid). The results are presented below.

Company Name
Company
Location
Base Bid
Amount
Base Bid +
Alternate Bid
Amount
Potential Electrical Design
Services La Jolla, CA 357,250 $447,250.00
Ace Capital Engineering Lake Forest, CA 535,815 $551,994.00 Mel Smith Electric, Inc. Stanton, CA 650,000 $651,280.00 M. Brey, Inc. Beaumont, CA 649,156 $664,118.00
Cora Constructors Inc. Palm Desert, CA 715,000 $718,000.00 28 - --- -- -
Meeting Date: June 18, 2024 Agenda Item: 11Q

CITY OF SAN CLEMENTE
PC Inc. Santa Maria, CA 720,857 $756,899.80
GCI Construction, Inc. San Clemente, CA 799,500 $808,500.00 Global Power Group, Inc Lakeside, CA 1,775,671 $1,857,421.00 The apparent lowest bid for the base bid amount is Potential Electrical Design Services, Inc. of La Jolla, California, at $357,250. However, they failed to submit the required bid proposal forms (including designation of subcontractors) and failed to submit a bid bond. Therefore, their bid is not responsive bid with the requirements of the Contract Documents and staff recommends that their bid be rejected as non-responsive.

A city generally has the discretion to determine bid responsiveness and may either demand strict compliance with the bid specifications or can choose to waive a defect that is inconsequential or is an immaterial deviation. See Taylor Bus Serv., Inc. v. San Diego Bd. of Educ. (1987) 195 Cal.App.3d 1331, 1343. A bid defect cannot be considered inconsequential or immaterial if it gives the bidder an unfair competitive advantage or benefit over other bidders.

Potential Electrical Design Services, Inc.’s bid was non-responsive in several respects. Staff believes that at least two of the ways that the bid was non-responsive are significant and are recognized as ways that a bid defect could give an unfair competitive advantage to the bidders (specifically, the failure to specify subcontractors and the failure to submit a bid bond).

Accordingly, unless the City Council finds these defects were inconsequential and immaterial, it would not have the discretion to waive them. And, in any event, the City Council has the discretion to demand strict compliance with the bid specifications and find Potential Electrical Design Services’ bid non-responsive, which would appear to be in the best interest of the City and the public in this case. Accordingly, staff recommends that the City Council demand strict compliance with the bid documents, reject Potential Electrical Design Services, Inc.’s bid as nonresponsive and award the contract to ACE Capital Engineering, Inc. as the lowest responsive and responsible bidder.

The City received one bid from a local contractor, GCI Construction, Inc., with a base bid in the amount of $799,500. According to the San Clemente Municipal Code section 3.40.030 (E) regarding the Local Vendor Preference for a sealed bid, the maximum preference amount is $150,000. Applying the maximum preference amount, GCI’s base bid is reduced by $150,000 to $649,500. Even with the local preference applied, their bid was not the lowest responsive bid.

Contract Award:

As a public works project, the contract must be awarded to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder is ACE Capital Engineering, Inc., of Lake Forest, California.

Based on the lowest base bid and alternate bid items (i.e., additional concrete demolition and repair for $16,179), the estimated construction cost for this project is as follows:

Construction Management and Inspection $40,000
Construction $551,994
Contingency (15%) $82,800
Total Estimated Construction Cost $674,794
93 Meeting Date: June 18, 2024 Agenda Item: 11Q

CITY OF SAN CLEMENTE
As required by state law and City policy, the Contractor will be required to provide performance and payment bonds simultaneously with execution of the construction contract (Attachment 2).

Project plans and specifications are on file in the City Clerk’s office.

Council Options:
 Adopt Resolution No. 24-107 (Attachment 1), rejecting the apparent lowest bidder’s bid as non-responsive, awarding the contract for the City Hall Standby Generator Addition and Electrical Distribution System Upgrade to ACE Capital Engineering, Inc., and authorizing the City Manager to execute a construction contract, in the amount of $551,994 plus a 15% project contingency of $82,800.
 Modify and adopt Resolution No. 24-107, finding the bid defects immaterial and inconsequential and waiving them, awarding the contract to Potential Electrical Design Services, Inc. in the amount of $447,250, plus a 15% project contingency.  Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 24-107 and put the project on hold.

Environmental Review/Analysis:

This Project was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Section 21084 of the state CEQA Guidelines, Class 3 (New Construction or Conversion of Small Structures, 14 CCR 21084). A Notice of Exemption was filed with the County of Orange Recorder’s Office on January 26, 2023 for this Project. (See Attachment 3.)
Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council adopt Resolution No. 24-107, which will:

1. Demand strict compliance with the bid documents and reject the bid submitted by Potential Electrical Design Services, Inc. as non-responsive;

2. Award the City Hall Standby Generator Addition and Electrical Distribution System Upgrade, CIP Project No. 14812, construction contract to ACE Capital Engineering, Inc. as the lowest responsible and responsive bidder;

3. Authorize the City Manager to execute a construction contract with ACE Capital Engineering, Inc., in an amount of $551,994, in a form substantially similar to Contract No. C24-37 (Attachment 3); and

4. Approve a 15% project contingency of $82,800.
..end
104
Meeting Date: June 18, 2024 Agenda Item: 11Q

CITY OF SAN CLEMENTE
Attachment:

1. Resolution No. 24-107

2. Contract No. C24-37

3. Notice of Exemption

4. Staff Report-April 20, 2021

5. Staff Report-August 16, 2022
Notification:

All Bidders.
115
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: June 17, 2025 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
Subject:
..titl e
CONSIDERATION OF A RESOLUTION APPROVING FINAL PARCEL MAP 2023-112, 229 AVENIDA MONTEREY CONDOMINIUM SUBDIVISION ..body
Fiscal Impact:

None.

Summary:

Avenida Monterey 229, LLC, the property owner and Subdivider of Final Parcel Map 2023-112, has submitted the Final Parcel Map for City Council approval. Staff has confirmed that the proposed Final Parcel Map is in conformance with the approved Tentative Parcel Map. Pursuant to the Subdivision Map Act, a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. Thus, while the Subdivision Map Act and San Clemente Municipal Code Chapter 16 require City Council action to approve the Final Parcel Map, that action is ministerial.

Background:

Parcel Map 2023-112 contains two residential condominium dwelling units on one 14,339 squarefoot lot (see attached Location Map). The California Coastal Commission approved a De Minimis waiver on May 7, 2025. The Conditions, Covenants and Restrictions (CC&Rs) for the project have been reviewed and approved by the City Attorney and the Subdivider has reimbursed the City for the costs of that review as required by the Conditions of Approval. The City Engineer has reviewed and is satisfied with the quitclaims in favor of the City that the Subdivider 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 Subdivider has satisfied all other Conditions of Approval that are required prior to Final Parcel Map approval. The only remaining action for satisfying the Conditions of Approval is for the Subdivider to record the CC&Rs, which will be recorded immediately after the Final Parcel Map. Copies of the proposed Final Parcel Map and approved Tentative Parcel Map are available for review at City Hall in the Public Works, Engineering Division.

Council Options:
 Adopt Resolution No. 25-89 (Attachment 2), approving Final Parcel Map 2023-112, and accepting the water rights as dedicated.
 Modify and adopt Resolution 25-89.
1 Meeting Date: June 17, 2025 Agenda Item: 11F.

CITY OF SAN CLEMENTE
 Continue the item and direct staff to provide additional information.  Deny Resolution No. 25-89 pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications. Per Subdivision Map Act (Government Code section 66474.1), a legislative body shall not deny approval of a Final Parcel Map if it has previously approved a Tentative Parcel Map for the proposed subdivision and if it finds that the Final Parcel Map is in substantial compliance with the previously approved Tentative Parcel Map. The Tentative Parcel Map 2023-112 was approved by the Zoning Administrator on September 21, 2023 through Resolution ZA 23-015. See Attachment 3. The Tentative Parcel Map was then amended to remove two Conditions of Approval related to open space and fire lane requirements. The amendment was approved by the City Planner on February 24, 2025. See Attachment 4. Unless the City Council finds that the Final Parcel Map is not in substantial compliance with the previously approved Tentative Parcel Map, approving the Final Parcel Map is a ministerial action.

Environmental Review/Analysis:

This project was previously found categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map. The approval of a Final Parcel Map is a ministerial action and not a “project” under CEQA.

Recommended Actions:

Staff recommends that the City Council approve Resolution No. 25-89, which would:

1. Approve the Final Parcel Map 2023-112 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 water rights as dedicated;

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

4. Authorize and direct the City Clerk to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.
..recommendation
..end
Attachment:

1. Location Map

2. Final Parcel Map Resolution No. 25-89

3. Zoning Administrator Staff Report, dated September 21, 2023

4. City Planner Approval Letter for Amendment to the Tentative Parcel Map, dated February 24, 2025
Notification:

Justin Kozik, property owner/representative
2 3

EL CAMINO REAL L - - - - - - - - - - - - --
□ [III] I [I] [III] [TI] [IlJ] [II] --1
I
City of San Clemente
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Tel (949) 361-6100
Fax (949) 361-6316

BOUNDARY MAP
Del Mar I Downtown
Underground Utility District
( Phase I)
Attachment 2
4860-5047-5367 v1
RESOLUTION NO. 25-89

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, APPROVING FINAL
PARCEL MAP 2023-112, LOCATED AT 229 AVENIDA

MONTEREY
WHEREAS, the property owner and subdivider, Monterey 229 LLC, a California limited liability company, owns a recently constructed two-unit apartment building located at 229 Avenida Monterey; and
WHEREAS, the subdivider applied for a Tentative Parcel Map in order to subdivide the two-unit apartment building into two condominiums; and WHEREAS, the Tentative Parcel Map 2023-112 was approved by the Zoning Administrator on September 21, 2023 through Resolution ZA 23-015; and WHEREAS, the Tentative Parcel Map 2023-112 was amended to remove two Conditions of Approval and approved by the City Planner on February 24, 2025; and WHEREAS, Resolution ZA 23-015 included Conditions of Approval for the subdivider to obtain California Coastal Commission approval for the proposed Final Parcel Map, City Attorney approval of Conditions, Covenants and Restrictions (CC&Rs), and obtain from all persons having any interest in existing rights of way for pipelines for the conveyance of water and the rights to all underground water; and WHEREAS, the subdivider has satisfied all the Conditions of Approval and offered to the City water rights as dedicated; and
WHEREAS, this project was previously found Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) and 15301.k (Class 1: Existing Facilities) in connection with the approval of the Tentative Parcel Map; and WHEREAS, pursuant to the provisions of the Subdivision Map Act and the City Municipal Code Chapter 16, Final Parcel Maps require City Council action for approval, denial, or modifications; and
WHEREAS, on June 17, 2025, the City Council considered a resolution approving Final Parcel Map 2023-112 at its regular meeting.

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

SECTION 1. That the above recitations are true and correct and incorporated herein.
4 Resolution No. 25-89 Page 2
4860-5047-5367 v1
SECTION 2. That the San Clemente City Council hereby approves Final Parcel Map 2023-112 as it conforms to the requirements set forth in the Subdivision Map Act and the previously approved Tentative Parcel Map.

SECTION 3. That the San Clemente City Council hereby accepts on behalf of the City of San Clemente the water rights as dedicated in Final Parcel Map 2023-112.

SECTION 4. That the Public Works Director/City Engineer is authorized and directed to execute the Final Parcel Map.

SECTION 5. That the City Clerk is authorized and directed to execute and submit the Final Parcel Map for recordation with the County of Orange Recorder’s Office.

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

PASSED AND ADOPTED this _____ day of June, 2025.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 5 Resolution No. 25-89 Page 3
4860-5047-5367 v1

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 25-89 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of June, 2025, 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
6 AGENDA ITEM: 4-A

STAFF REPORT

SAN CLEMENTE ZONING ADMINISTRATOR
Meeting Date: September 21, 2023
PLANNER: Kyle Webber, Associate Planner
SUBJECT: Tentative Parcel Map 2023-112 (TPM 23-224), Kozik Condominium Conversion, a request to consider a duplex
condominium conversion to allow for individual ownership of two dwelling units that are currently under construction and finding the project categorically exempt from the California
Environmental Quality Act under Section 15315 of the CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions) LOCATION: 229 Avenida Monterey

ZONING/GENERAL
PLAN:

Residential Medium Zoning District and Coastal Zone Overlay District (RM-CZ)
PROJECT SUMMARY:
x The site is a 14,337 square-foot interior lot with a duplex and attached Accessory Dwelling Unit (ADU), currently under construction. Surrounding land uses include single and multi-family residential buildings to the north, east, west, and south and a coastal canyon that borders the site downslope to the southeast. x The RM zone permits one dwelling unit per 1,800 square feet of lot area. The proposed number of two (2) dwelling units would be consistent with the allowable dwelling unit maximum for the underlying zone.. An ADU was included in the duplex construction, ministerially approved by the City through a Coastal In-concept Review (IC), where it was found to comply with development standards relevant to SCMC Section

17.28.270, and therefore is statutorily exempt from CEQA review under CEQA Guidelines Section 15268 (Ministerial Approval).
x The applicant requests to subdivide the airspace of the lot to allow for two condominium units on one (1) legal lot. The proposal would allow for separate ownership of each condominium unit (i.e., Unit 1 and 2) and a portion of common areas. Unit 2, the second-story unit, would assume ownership of the attached ADU (i.e., Unit 3) as mandated by the property’s Deed Restriction prohibiting its sale to a separate party.
x Municipal Code Section 16.04.015(G)(1) requires Zoning Administrator approval of Tentative Parcel Map (TPM) applications for condominium subdivisions. $WWDFKPHQW
7 Kozik Condominium Conversion Page 2
x Municipal Code Section 16.40.010(A)(3) limits condominium conversions in the forthcoming year to a maximum of 25 units, in addition to fifty percent of the yearly average multi-family rental units constructed during the two years immediately preceding the vacancy certification date, provided that the vacancy rate remains at or below ten percent.
x In 2023, the Planning Commission certified an 8.2% vacancy rate and established a maximum of 26 condominium unit conversions for the fiscal year (FY) 2023 (from July 1, 2023, through June 30, 2024). In FY 2023, no condominium conversions have received approval, making this request the first two condominium conversions for the fiscal year.
x Since the site falls within the Coastal Zone, the project necessitates review and approval from the California Coastal Commission (CCC). A condition of approval mandates that the applicant secure CCC approval before Final Parcel Map approval is granted.
x Per City Housing Element policy, HE-63, a permit allowing the conversion of units within the Coastal Zone that is not categorically exempt from the California Environmental Quality Act (CEQA) must comply with the Mello Act demonstrating no existing affordable housing units will be removed from the housing stock. The two (2) unit duplex and ADU approved on this lot through Building Permit No. 22-1742/1829 and IC permit 20-219, are not occupied and therefore a condominium conversion would not constitute removal of any existing affordable housing. x The project meets required findings for approval because:
o The project is limited to subdividing the lot’s airspace to allow for separate ownership of two condominium units and would not introduce environmental impacts.
o Conditions of approval are included requiring Covenants, Conditions, and Restrictions (CC&Rs) to establish maintenance responsibilities over all common areas, including driveways, parking, landscaped areas, walls, private accesses, and drainage. The CC&R’s may include the creation of an Association. o The proposal complies with the Municipal Code, building, health, and safety codes, and other applicable regulations and policies. This includes, but is not limited to, parking and density requirements for condominium subdivisions in the Municipal Code (Title 16).
x The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions):
o The project involves the subdivision of airspace for two condominium units in an urbanized area zoned for multi-family residential use.
o The project conforms to the San Clemente General Plan and Zoning Ordinance, and no variances or exceptions are required.
o All public services and access to the project site are available. o The site was not involved in a subdivision of a larger parcel within the last two years.
o The parcel does not have an average slope greater than 20 percent. 8 Kozik Condominium Conversion Page 3
x Due to its location within the Coastal Zone Overlay, the project falls under the purview of applicable policies outlined in the City's certified Coastal Land Use Plan (LUP), necessitating review by the Coastal Commission. The RM zoning designation permits a density of 24 units per net acre, and this site qualifies for 7.8 units based on this calculation. The condominium subdivision aligns with the LUP's general policy GEN6, which stipulates subdivisions must not have adverse effects on community character, compatibility, or coastal resources.
x Public comments have not been received on this item.

RECOMMENDATION
Based on the information in the staff report and subject to the required findings and conditions of approval, staff recommends that the Zoning Administrator:

1. Determine the project is Categorically Exempt from the requirements of the CEQA pursuant to CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions); and

2. Adopt Resolution No. ZA 23-015, approving Tentative Parcel Map 2023-112 (TPM 23-224), Kozik Condominium Conversion, subject to conditions of approval.

Attachments:

1. Resolution No. ZA 23-015
Exhibit A - Conditions of Approval

2. Location Map

3. Plans

4. ADU Deed Restriction
9 RESOLUTION NO. ZA 23-015

A RESOLUTION OF THE ZONING ADMINISTRATOR OF

THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP 2023-112 (TPM 23-224), KOZIK

DUPLEX CONDOMINIUM CONVERSION, A REQUEST TO

CONSIDER A DUPLEX CONDOMINIUM CONVERSION TO

ALLOW FOR INDIVIDUAL OWNERSHIP OF TWO
DWELLING UNITS LOCATED AT 229 AVENIDA MONTEREY

AND FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER SECTION 15315 OF THE CEQA GUIDELINES
SECTION 15315 (CLASS 15: MINOR LAND DIVISIONS.

WHEREAS, on June 29, 2023, an application was submitted by Justin and Alexandria Kozik, 301 Cazador Lane, Unit B, San Clemente, CA 92672, for Tentative Parcel Map 2023-112 (TPM 23-224), and deemed complete on August 24, 2023; a request to consider a duplex condominium conversion to allow for individual ownership of two dwelling units located within the Residential Medium Zoning District and Coastal Zone Overlay District located at 229 Avenida Monterey. The site also includes one attached Accessory Dwelling Unit (ADU), approved ministerially, and the property’s existing Deed Restriction mandates that the second-story unit must own the attached ADU, prohibiting its sale to a separate party. The site’s legal description is N TR 785 BLK 1 LOT 21, and Assessor’s Parcel Number 058-104-03; 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 recommends the Zoning Administrator determine the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions). The project involves a two-unit condominium conversion of a duplex in an urbanized area and no exceptions identified in CEQA Guidelines Section 15300.2 are applicable; and
WHEREAS, the City's Development Management Team (DMT) reviewed the proposed project, and staff issued a comment letter on August 7, 2023 to the applicant to ensure compliance with the General Plan, Zoning Ordinance, and other applicable City ordinances, codes, and policies; and
WHEREAS, on September 21, 2023, the Zoning Administrator 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.

NOW, THEREFORE, The Zoning Administrator of the City of San Clemente does hereby resolve as follows:

ATTACHMENT 1
10 Resolution No. ZA 23-015 Page 2
Section 1. Incorporation of Recitals.

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

Section 2. CEQA Findings.

Based upon its review of the entire record, including the Staff Report, any public comments or testimony presented to the Zoning Administrator, and the facts outlined below, the Zoning Administrator hereby finds and determines that the proposed project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines Section 15315 (Class 15: Minor Land Divisions).

The project is Categorically Exempt from California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15315 (Class 15, Minor Land Divisions) because the project involves the condominium conversion of two dwelling units, for individual ownership, in an urbanized area zoned for residential use. The airspace subdivision is in conformance with the General Plan, Subdivision Map Act, and zoning; no variances or exceptions are required. All public services and access to the proposed condominium units are in conformance with local standards, the parcel was not involved in a division of a larger parcel within the previous two years, and the parcel does not have an average slope greater than 20 percent.

Section 3. Tentative Parcel Map Findings
With respect to Tentative Parcel Map 2023-112 (TPM 23-224), the Zoning Administrator finds as follows:

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

1. The project is limited to subdividing the airspace of a duplex building into two condominium units for individual ownership purposes, while designating one of the unit’s ownership of the attached ADU; and

2. The development is subject to the Zoning Ordinance, building, health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies and regulations on land use, setbacks, utility connections, easement access, traffic design standards, etc.

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

1. The proposed density on the site complies with the maximum allowed for properties in the RM zoning district. The zoning district allows a maximum residential density of one unit per 1,800 square feet of lot area. The subject site is approximately 14,337 square feet, with an allowed density of eight units.

11 Resolution No. ZA 23-015 Page 3
C. The design of the condominium conversion or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, in that:

1. The project is limited to subdividing airspace into two condominiums to allow for separate ownership of each dwelling unit, while designating one of the unit’s ownership of the attached ADU;

2. No physical modifications to the site will result from the proposed subdivision; and

3. The site is in a developed residential area served by existing utilities and public services.

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

1. The project is limited to subdividing the airspace of a duplex into two condominiums to allow for separate ownership of each dwelling unit, while designating one of the unit’s ownership of the attached ADU;

2. The proposed subdivision will not entail any physical alterations to the site, as construction on the site associated with the duplex necessitates approval through a Building Permit, which has already been granted; and

3. The site is in a developed residential area served by existing utilities and public services.

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

1. The project is limited to subdividing the airspace of a duplex building into two condominium units for individual ownership purposes. The project is consistent with the Residential Medium Land Use Designation of the site; and

2. The development is subject to the Zoning Ordinance, building, health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies and regulations on land use, setbacks, utility connections, easement access, traffic design standards, etc.

3. The project complies with LUP Policy GEN-6, which restricts lot combinations, subdivisions, and mergers that may adversely impact community character, compatibility, or coastal resources. In this case, the airspace subdivision aligns with this policy as it does not alter the community character, and the approved duplex is in harmony with other multifamily developments along Avenida Monterey.
12 Resolution No. ZA 23-015 Page 4
F. The design of the condominium subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision in that:

1. The proposed project is limited to subdividing a duplex building into two condominium units for individual ownership purposes, while designating one of the unit’s ownership of the attached ADU;

2. Easements have been indicated on the tentative map; and

3. The development is subject to the Zoning Ordinance, building, health, and safety codes, and other applicable regulations and policies. This includes but is not limited to policies and regulations on land use, setbacks, utility connections, easement access, traffic design standards, etc.

Section 4. Zoning Administrator Approval.

Based on the foregoing recitals and findings, and the written and oral comments, facts, and evidence presented, the City of San Clemente Zoning Administrator approves Tentative Parcel Map 2023-112 (TPM 23-224), subject to the Conditions of Approval set forth in Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City of San Clemente Zoning Administrator on September 21, 2023.
______________________________________
Cecilia Gallardo-Daly, Zoning Administrator
13 Resolution No. ZA 23-015 EXHIBIT A

CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 2023-112 (TPM 23-224)

KOZIK DUPLEX CONDOMINIUM CONVERSION

1.0 GENERAL CONDITIONS OF APPROVAL

1.1 Within 30 days of receipt of the signed conditions of approval, 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, unless an extension is granted by the City Planner.

Planning

1.2 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City of San Clemente and its officers, employees, and agents from and against any claim, action, proceeding, fines, damages, expenses, and costs (including attorneys’ fees), against the City, its officers, employees, or agents to attack, set aside, challenge, void, modify or annul any findings, approval or condition of approval of the City concerning this project, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Planner or environmental findings. 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.

Planning

1.3 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 Zoning Ordinance Section 17.12.180.

Planning

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

All

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

Code
Comp
14 Resolution No. ZA 23-015, Exhibit A Page 2

1.6 Tentative Parcel Map 2023-112 (TPM 23-224) 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.

Planning

1.8 The Applicant (including any property owners and managers, and their designees) shall use her/his best judgment and best management practices to ensure residential activities on the premises will be conducted in a manner that will not be disruptive to neighbors. The property owner(s) shall be responsible for ensuring compliance with the San Clemente Municipal Code (SCMC), and all conditions of approval contained herein. The Applicant (including any property owners and managers, and their designees) hereby understands that noncompliance with
regulations and conditions of approval, shall be immediate grounds for citation pursuant to SCMC Section 8.52.030(Y), which states, “It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in this City to maintain such premises in such manner that … A structure, improvement, property, and/or land use is not in compliance with terms and/or conditions of any City of San Clemente issued permit or approval,” and any subsequent revision of this section of the code. [Citation - Section 8.52.030(Y) of the SCMC]
Code
Comp**

1.9 The Applicant (including any property owners and managers, and their designees) understands and acknowledges that short-term lodging and boarding house uses are not permitted with the approval of this permit. Short-term lodging units (STLUs) and boarding houses require City-approval, and any unpermitted STLU or boarding house operations are prohibited. Applicant, property owner, and any successors in interest of the property shall be responsible for ensuring that all residential uses abide by the City’s zoning requirements for the subject zone. [Citation - Section

17.04.060(B) & 17.32.030/17.36.020/17.40.030/17.52.030 of the SCMC]
Code
Comp**

1.10 Prior to the grant of approval for the Final Parcel Map, it is requisite that a Deed Restriction of legal standing be duly recorded with the County of Orange, thereby stipulating the unequivocal terms that the Accessory Dwelling Unit (ADU) shall perpetually remain within the singular dominion and exclusive possession of the proprietors of Unit 2, with an explicit and irrefutable proscription against its autonomous sale, severance, or any form of alienation in a manner distinct from the said Unit 2.

Planning**

1.11 Prior to final stamping of the Tentative Map, the plans shall state “the land owner’s covenants for Fuel Modification Zone
maintenance shall be in accordance with approved fuel
Planning**
15 Resolution No. ZA 23-015, Exhibit A Page 3
modification plans and shall be recorded concurrently with the Final Map”.

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
Buyer Notification

2.3 A buyer's notification disclosure form shall be given to all potential buyers of the lots/units, which indicates the existence, operations, characteristics, and potential exposure to nuisance/objectionable odors/risk of upset/hazards of the following:
x United States Marine Corps, Camp Pendleton
x San Onofre Nuclear Generating Station
x City of San Clemente Wastewater Treatment Plant
x Orange County Flood Control Channel
Planning
Coastal Commission Approval

2.4 The Tentative Map shall be subject to review and approval by the California Coastal Commission.

Planning
Covenants, Conditions & Restrictions (CC&Rs)

2.6 The applicant shall submit to the City Planner, and must obtain approval from the City Attorney’s Office, Covenants, Conditions and Restrictions (CC&R's) which shall include the following provisions:

A. Creation of a Master Association and/or a Sub-association for the purpose of providing for control over the uniformity of boundary fencing, and the perpetual maintenance
responsibility of areas including, but not limited to, (delete or add as appropriate) all common areas, open space,
slopes, fuel modification zones, private medians and
greenbelts, arterial highway parkway landscaping, irrigation systems, landscaped areas, walls, driveways, parking
areas, trash areas, structures, private streets, street lights, and drainage. All streets, drainage, street lights, street signage and striping improvements within the interior of the Planning
16 Resolution No. ZA 23-015, Exhibit A Page 4
subdivision designated as private shall remain private and shall be maintained by the Master Association and/or Subassociation, or such other provision for maintenance which may be subsequently approved by the City Council. In
addition, the CC&R's shall indicate all other areas to be owned and maintained by the Master Association and/or
Sub-association and that maintenance of all private
drainage facilities shall be in conformance with NPDES
requirements.

B. Within 15 days of the establishment of the homeowners association and/or the commercial property owners
association, the owner or designee is required to furnish the Board or Officers of each association a copy of each
approved tract map, a copy of the approved site and fencing plan, copies of all approved landscaping plans, a complete set of construction plans for the various residential model types, and approved plans indicating the locations and
characteristics of all major project components, utilities, and related data.

C. Following recordation of each final tract map, each Master Association of this tract shall submit to the City Planner, for distribution to the Fire and Beaches, Parks and Recreation Departments, and shall re-submit annually, a list of all current Property Owner Association officers of the
Association.

D. A statement indicating that any dedicated open space shall be retained by deed restriction as designated open space in perpetuity and maintained by a Master Association and/or the Sub-association, and that no development or encroachment shall be permitted within the designated open space.

E. A statement indicating that proposed amendments to any of the CC&R's shall be submitted for review to the City
Planner, and shall be approved by the City Attorney’s Office, prior to the amendments being valid.

F. A statement indicating that the City has the right, but not the obligation, to enforce any of the provisions of the CC&R's.

G. A statement indicating that storm drain facilities shall be inspected regularly as follows:

1) Open channels, catch basins and pipelines inspected
annually before storm season and removal of debris as
necessary.
17 Resolution No. ZA 23-015, Exhibit A Page 5
2) All facilities shall have debris and sediment removed either manually or by mechanical methods. Flushing
shall be used in emergency situations only.

H. A statement obligating the Association(s) to provide to the Utilities Director annual reports in the month of June in compliance with the reporting requirements of codes and ordinances adopted by the City with respect to the NPDES program.

I. Identification of all fire prevention and defense provisions including: a) a fire lane map; b) provisions which prohibit parking in fire lanes and a method of enforcement; and c) provisions for maintenance of fuel modification zones
including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year; and a method for
keeping fire protection access easements unobstructed. A statement shall acknowledge that approval of the Chief of Fire Protection Services shall be required for any
modifications such as speed bumps, control gates, or
parking changes.

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.

Planning
Easements

2.8 The final map shall depict the location of all easements for 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.

Public
Works
18 Resolution No. ZA 23-015, Exhibit A Page 6
(SCMC Section 13.04.500)

2.24 2.36

2.37 2.38

7.0 7.17
Unless otherwise approved by the City Engineer, the owner shall provide independent water meters and separate services for each unit in the common area. All water meters shall be located in the public right of way or as otherwise approved by the City Engineer. (SCMC Section 16.32.010)
Prior to final parcel map approval, the owner shall pay or reimburse the City all costs associated with City Attorney review of the project CC&Rs, Disclosure Statements, and any other applicable
documents. In addition, the owner shall pay all applicable development and final map fees for each unit, which may include, but are not limited to, park acquisition and development impact fees. [Citation - S.C.M.C. Title 15, Building and Construction, Sections 15.52, 15.56, 15.60, 15.64, 15.68, 15.72].

Per Municipal Code 12.08, 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 4-foot-wide sidewalk along the property frontage and around
obstructions such as the drive approach, utilities, and trees to meet current City standards (2% cross fall) when
adequate right-of-way exists, unless a waiver is applied for and approved by the City Manager. Since the street rightof-way along this frontage is approximately 5 feet behind the curb face, a sidewalk easement is anticipated to be required and granted to the City unless a waiver is approved by the City Manager. (SCMC Chapter 15.36 and Sections 12.08,
and 12.24.050)
Prior to final parcel map approval, the owner shall pay or reimburse the City all costs associated with City Attorney review of the project CC&Rs, Disclosure Statements, and any other applicable
documents. In addition, the owner shall pay all applicable development and final map fees for each unit, which may include, but are not limited to, park acquisition and development impact fees. [Citation - S.C.M.C. Title 15, Building and Construction, Sections 15.52, 15.56, 15.60, 15.64, 15.68, 15.72].

OPERATIONAL CONDITIONS OF APPROVAL
The Applicant (including any property owners and managers, and their designees) shall ensure that discharge of washwater and other pollutants is prohibited from entering the storm drain system.

Public
Works
Public
Works
**
Public
Works
**
Public
Works
**
Code
Comp
WQ
19 Resolution No. ZA 23-015, Exhibit A Page 7
Applicant must prevent pollutants (e.g. sediment, trash, food waste etc.) and any washwater used during cleanup from entering the storm drain system.
**
* Denotes a modified Standard Condition of Approval
** Denotes a project-specific Condition of Approval
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ATTACHMENT 2
Address: 229 Avenida Monterey
Project: Kozik Condominiums (TPM 23-224)
Vicinity Map Scale: 1:2,941
ATTACHMENTS 15 of 22
21 IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA JONES, CAHL & ASSOCIATES CONSULTING ENGINEERS 18090 Beach Boulevard - Huntington Beach
California 92648 - (714) 848-0566
e-mail: [email protected]

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e-mail: [email protected]

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IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA

JONES, CAHL & ASSOCIATES

CONSULTING ENGINEERS
18090 Beach Boulevard - Huntington Beach
California 92648 - (714) 848-0566
e-mail: [email protected]

BOUNDARY MAP FOR CONDOMINIUM PURPOSES
LEVEL 2 UNITS
ATTACHMENTS 18 of 22
ATTACHMENT 3
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IN THE CITY OF SAN CLEMENTE, COUNTY OF ORANGE, STATE OF CALIFORNIA JONES, CAHL & ASSOCIATES CONSULTING ENGINEERS 18090 Beach Boulevard - Huntington Beach
California 92648 - (714) 848-0566
e-mail: [email protected]

EXISTING CONDITION GRADING PLAN FOR CONDOMINIUM PURPOSES ATTACHMENTS 19 of 22
ATTACHMENT 3
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ATTACHMENTS 20 of 22
26 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: City Clerk
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk-Recorder
111111 I 111 1111111 11111 1111.11111 1111 111111111 11111 11111 11111 1111 Ill 1111 N ° FEE * $ R D D 1 2 1 5 4 3 2 4 $ *
2020000587502 12:55 pm 10/20/20
320 RW1 A R29 3

0.00 0.00 0.00 0.00 6.00 0.00 0.000.000.00 o.oo
EXEMPT FROM RECORDING FEES PER GOVT. CODE 27383

ACCESSORY DWELLING UNIT DEED RESTRICTION
J . r ~~ peed Restriction is executed as of this n day ,oc.~at,e,. month, 20 z..o year, of by Al!x1~od': Kozik [Name or Names of Declarant(s)] (collectively, "Declarant") and will be effective as of the date of its recording in the Records of Orange County, California. This Deed Restriction is made with reference to the following facts:

RECITALS
A. Declarant is the owner of that certain real property located at 229 AVE.MONTEREY (Address], San Clemente, California in Orange County also described as Assessor Parcel Number (APN Number] 058-104-03 ("Property"), which includes a residential use on a residential or mixed-use zoned lot that meets qualifying criteria under the California Government Code Section 65852.2 and 65852.22 ("State laws") for granting of rights to construct an Accessory Dwelling Unit ("ADU"), such as a single-family residence, multi-family residence, or residential unit in a mixed-use zone.

B. Declarant applied for approval by the City of San Clemente ("City") of construction of an ADU on the Property as provided by California State laws.

C. The City has approved the application for the ADU, subject to recordation of a deed restriction against the Property setting forth certain restrictions described in State laws AB-68 and AB-881.

D. Declarant desires by this Deed Restriction to comply with the City's conditions of approval and to bind the Property as set forth in this Deed Restriction, which will run with the Property and be binding upon it and upon all future owners thereof.

OPERATIVE PROVISIONS

1. Separate Ownership. The ADU may not be sold, mortgaged or transferred separately from Primary Residence.

2. Rental. The ADU may be rented. but may not be rented on a short-term basi (29 consecutive day period or less .
55 136. 00\29559905.1
ATTACHMENTS 21 of 22
27 3. Access. The ADU shall have independent exterior access separate from the Primary Dwelling.

4. Other Requirements. The ADU shall comply all other applicable requirements set forth in California State law. or the San Clemente Municipal Code as amended to comply with State laws.

5. Modification. This Deed Restriction may not be modified or terminated without the prior written consent of the City's Community Development Director.

6. Runs with the Land. This Deed Restriction is intended to run with the Property and be binding upon all future owners thereof.

Executed by the Declarant as of the date set forth above.

Declarant:
t!~~
A\r1._rJ,(Jro. ~ l
55 136.00400\29559905. I 2
ATTACHMENTS 22 of 22
28 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California ) -.- A-· }Coz ~ \L.

County of !) ~ ) j \J..)' t v'-
On l0 /11 (J-4~ before me, (here in ert ~ e name and title of officer), personally appeared A 'rta-JC#I ~ 'Z- i~ ~w o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/ their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

Witness my hand and official seal.

Signatu~~~ (Seal) RICK LEE 1
COMM ... 2207888 n

NOTARY PUBLIC-CALIFORNIA -,

ORANGE COUNTY W
My Term Exp. July 29. 202~
Planning Division ● 910 Calle Negocio, Suite 100 ● San Clemente, CA 92673 http://www.san-clemente.org
City of San Clemente
Planning Division
Jonathan Lightfoot, City Planner
(949) 361-8254 or [email protected].

February 24, 2025
Justin Kozik
229 Avenida Monterey
San Clemente, CA 92672
SUBJECT: 229 Avenida Monterey, Kozik Condominiums: CC&R Amendment PHP25-080 to amend TPM23-224 (approved via Zoning Administrator Resolution 23-015)
Dear Mr. Kozik,
Thank you for submitting an Amendment to the previously approved Tentative Parcel Map (TPM) 23-224 to address the removal of Conditions of Approval 2.6.D and 2.6.I from Exhibit A of Zoning Administrator (ZA) Resolution 23-015. These conditions read:
• COA 2.6.d: A statement indicating that open space on certain lots shall be retained by deed restriction as designated open space in perpetuity and maintained by a Master Association and/or the Sub-association, with no development or encroachment shall be permitted within the designated open space.
• COA 2.6.i: Identification of all fire prevention and defense provisions including: a) a fire lane map; b) provisions which prohibit parking in fire lanes and a method of enforcement; and c) provisions for maintenance of fuel modification zones including the removal of all dead and dying vegetation and the inspection and correction of any deficiencies in the irrigation system three times a year; and a method for keeping fire protection access easements unobstructed. A statement shall acknowledge that approval of the Chief of Fire Protection Services shall be required for any modifications such as speed bumps, control gates, or parking changes
I reviewed these conditions and determined that they could be removed administratively (per San Clemente Municipal Code Section 17.12.180) for the following reasons:
• The language for these particular conditions comes from a standardized list of conditions used for projects that require the creation of a Homeowner’s Association with CC&Rs. However, some of these standardized conditions, such as items D and I, are only appropriate for tract map subdivisions that include land dedications for open space, rights of way, or other publicly necessary uses. This project Attachment 4
29 Amend TPM23-224
Kozik Condominium- 229 Avenida Monterey