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 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
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
Resolution No. 25-87 Page 3
Attachment 1