San Clemente City Council
September 16, 2025

o Felicidad homeowners commented that adjacent property owners are unalterably in favor of NOT allowing deviation from code
o Letters were presented from Felicidad homeowners (including Jay and Susan Rice) expressing concerns and objections to Tract 8162 which included size and height of homes and preservation of views
ƒ Developer agreed to one-story houses to maintain views speciƱcally those living on Felicidad o City Council moved to require a new tract map incorporating these new restrictions o Council denied deviations from code
March 1, 1973
Event
x San Clemente City Council sent communication to Landmark containing sections of the meeting minutes from the February 21, 1973 meeting acknowledging that Landmark agreed to a restriction of one-story houses on the north and east side of the perimeter lots (Calle Felicidad and Presidio are the perimeter lots) March 14, 1973
x San Clemente Planning Commission Meeting
o Landmark submitted a revised tract map restricting homes to one-story construction on perimeter lots facing Delicada and Avenida Presidio so that views will not be obstructed o The City attorney indicated that he would ensure this condition was included in the CC&Rs prior to the approval of the Ʊnal tract map
8 months later on November 14, 1973
x San Clemente Planning Commission Meeting
o Landmark opted out of the option to develop tract 8162 and Richard B. Smith Co (referred to as RBS) adopted the tentative tract for development
o RBS also requested realignment of the center line of the street, and requested a variance of 4 feet on the slope side and 12 feet on frontage side
o The City Engineer again, opposed any deviation from code, as did Felicidad homeowners. However, the Planning Commission voted to recommend that the City Council approve the deviation o Landmark opted out of option to develop tract 8162 and Richard B. Smith Co (RBS) adopted the tentative tract for development
o RBS requested realignment of center line of street, requesting a variance of 4 feet on slope side and 12 feet on frontage side
ƒ City Engineer opposed any deviation from code, as did Felicidad residents, however, the Planning Commission voted to recommend that the City Council approve the deviation November 21, 1973
x San Clemente City Council Meeting
o Larry Lizotte, RBS Developer, again requested the realignment of the street center line to increase the buildable area. The City engineer maintained his resistance to any deviations from the City’s standards o RBS (Lizotte) requested the realignment of the street center line to increase buildable area o Lizotte assured the City Council that they would submit CC&Rs, Bylaws and Articles of Incorporation o The City Engineer maintained his resistance to any deviations from the City’s standards and the City Council held over any decision
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November 27, 1973
x Event – Broadmoor / Felicidad Homeowners meeting at Sally Sargent’s home o RBS is now Broadmoor. Larry Lizotte, met with Felicidad homeowners at Sally Sargents home to discuss compromises that would create adequate pad size for Broadmoor and satisfy Felicidad concerns.
o Larry Lizotte (RBS is now “Broadmoor”) met with Felicidad homeowners to discuss compromises that would create adequate pad size and satisfy Felicidad view concerns At that meeting, Felicidad Homeowners agreed to:
x Allow Broadmoor to regrade Felicidad slopes creating a 30 foot sharper angle and more abbreviated top of Felicidad slopes
x Support the elimination of a sidewalk on the east side of Delicada (bottom of Felicidad slopes) Broadmoor agreed to:
x Never allow two-story houses in the Broadmoor community that would interfere with the Felicidad homeowners
x Never allow any tree, bush or structure that would inhibit the existing views of Felicidad homeowners
These statements are found in the sworn Declarations for Jay Rice, Susan Rice, Larry Lizotte, Sally Sargent and noted in item #4 of the sworn Declaration for Cecilia Gallardo-Daly *Note – Broadmoor had many meetings with Felicidad homeowners in late 1973 to early 1974 The next day on November 28, 1973
x San Clemente Planning Commission Meeting
o Larry Lizotte and other Broadmoor associates reviewed agenda items that he had discussed with the Rancho Margarita homeowners the previous day, which included their agreement to limit roof height to 17 feet and one-story construction within Broadmoor
o Homeowners requested that a 17 foot maximum roof height be imposed as a Condition of Approval on houses directly below Felicidad, which is Delicada. Homeowners also requested the City Council impose the height restrictions as an additional Condition of Approval, even though they received a verbal agreement from Broadmoor the previous day during the meeting in Sally’s home o City Council required the following conditions be incorporated into the CC&Rs before they would provide approval:
ƒ Building pads for homes facing Delicada be a minimum of 20 feet below the building pads of the Felicidad homes
ƒ All homes be single story and no higher than 17 feet and that at no time can a second story or other structure be added which would exceed the 17 feet height limit o Broadmoor also requested a 6’ to 20’ front-yard set-back which the Felicidad Homeowners opposed o Broadmoor requested a 6’ to 20’ front-yard set-back from the city code of 20’ ƒ Homeowners from Rancho Margarita Associates (Felicidad) opposed the variance ƒ Lizotte and other Broadmoor associates reviewed agenda items that he had discussed with the Rancho Margarita homeowners on Tuesday, November 27, 1973 which included agreement to limit roof height to 17 feet and one-story construction within Broadmoor o Fred Keeler, requested that a 17 foot maximum roof height be imposed as a condition of approval on houses directly below Felicidad. (These houses are on Delicada) o Sally Sargent requested the City Council impose the height restrictions as an additional condition of approval, even though they received a verbal agreement from Broadmoor during the November 27, 1973 meeting in her home
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o City Council moved to approve the plan with the following conditions being incorporated into the CC&Rs:
ƒ Building pads for homes facing Delicada be a minimum of 20 feet below the building pads of the Felicidad homes
ƒ All homes be single story and no higher than 17 feet and that at no time can a second story or other structure be added which would exceed the 17 feet height limit December 12, 1973
x San Clemente Planning Commission Meeting
o Broadmoor presented a revised tract map containing 1 less street to negate the variance request to front yard set-backs
o The Planning Commission recommended approval by the City Council of the tentative Broadmoor tract map
December 19, 1973
x San Clemente City Council Meeting
o Broadmoor withdrew their request for front yard set-backs which continued to be opposed by the City Engineer. The Homeowners requested that Broadmoor include the following conditions before building:
ƒ 20 ft. diƯerential in height between Delicada and Felicidad with Delicada roof height between 15 – 17 feet
ƒ That CC&Rs include a statement that Delicada cannot add to the height o The Felicidad homeowners then supported approval of the revised tract map based on these 2 conditions
o Broadmoor withdrew request for front yard set-backs which continued to be opposed by City Engineer
o Mr. Kearns, on behalf of Felicidad homeowners, requested that Broadmoor include the following conditions before building:
ƒ 20 ft. diƯerential in height between Delicada and Felicidad with Delicada roof height between 15 – 17 feet
ƒ CC&Rs include a statement that Delicada cannot add to the height o Felicidad homeowners supported approval of the revised tract map based on these 2 conditions. Sally Sargent also spoke in favor of granting Broadmoor a variance on the street centerline o City Council approved the tentative Broadmoor Tract map subject to all conditions but held over the decision on the street centerline variance (pad size)
February 16, 1974
x Event - Agreement between Broadmoor and Felicidad Homeowners o As agreed by Felicidad Homeowners, Broadmoor submitted an agreement to Homeowners for “Easement and Authorization to Perform Grading” of Felicidad slopes. This document can be found in the Jay Rice Declaration package along with pics Felicidad slope being regraded o “Easement and Authorization to Perform Grading” of Felicidad slopes provided to Felicidad Homeowners
(Jay Rice Declaration package) – letter and Pics of regrading March 6, 1974
x San Clemente City Council Meeting
o Larry Lizotte noted that the original Broadmoor tract was for 225 homes and has been revised to 199 homes. Sally Sargent commented that this was in response to density issues and to the City Engineer’s continued refusal to vary from code.
o The Council denied Broadmoor’s request for front-yard set-back 2699

o Also, on this date, Broadmoor sent a letter to Felicidad Homeowners thanking them for their cooperation to regrade their slopes. This document can be found in the Jay Rice Declaration package . o Lizotte noted that the original Broadmoor tract was for 225 homes and has been revised to 199 homes ƒ Sally Sargent noted this was in response to density issues and to the City Engineer’s refusal to vary from code
o City Council denied the request for a front yard set-back x Broadmoor letter to Felicidad Homeowners
o Thanking them for cooperation and indicating that the regrading schedule for the individual Felicidad slopes would be forthcoming (letter in Jay Rice Declaration package) March 20, 1974
x San Clemente City Council Meeting
o Broadmoor requested permission from the City to grade the tentative tract which was approved May 21, 1974
x San Clemente City Council Meeting
o Homeowners requested clariƱcation of approval condition #16 which states that homes adjacent to Presidio and Delicada be restricted to single-story homes. Larry Lizotte conƱrmed that Broadmoor would abide by the height conditions and he eliminated a condition whereby up to 10% of the houses could be two-story if they did not block uphill views. The City Attorney acknowledged that the CC&Rs were acceptable and contained the height restrictions. At this point, the City still required sidewalks on both sides of Broadmoor streets. The City Council also followed up with a communication to Broadmoor highlighting the height limitations
o Sally Sargent requested clariƱcation of approval condition #16, “The CC&R’s shall contain a provision that homes adjacent to Avenida Presidio and Calle Delicada shall be restricted to a single-story in height”
ƒ Lizotte conƱrmed that Broadmoor would abide by the height conditions o Lizotte eliminated a condition whereby up to 10% of the houses could be two-story if they did not block uphill views
o Sally Sargent inquired about the slope grading work schedule (7:00 am – 7:00 pm) o The City Attorney acknowledged that the CC&Rs were acceptable and contained the height restrictions o The City Council passed a resolution that sidewalks are required on both sides of Broadmoor streets o The City Council approved the CC&Rs as amended
o City Council sent communication to Broadmoor highlighting the height limitations August 7, 1974
x San Clemente City Council Meeting
o Broadmoor requested a variance to reduce the width of the sidewalks ƒ Request denied
September 25, 1974
x San Clemente Planning Commission Meeting
o Lizotte reiterates his statement made at previous hearings that Broadmoor had retained architectural control through the CC&Rs
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During November and December 1974 and in February 1975, multiple communications and interactions occurred between the Homeowners and the San Clemente Director of Planning, to ensure that houses met height restrictions. Sally and 2 other Felicidad ladies physically attended two separate on-site measurements with the San Clemente Director of Building and Planning to conƱrm compliance. These letters can be found in the Sally Sargent declaration package.

November 13, 1974
x Letter from Felicidad Homeowners requested by Sally Sargent, to the San Clemente Director of Planning
o Requested a written report on the actual heights of each of the plans to ensure that the 17 feet height limitation is being enforced (letter in Sally Sargent declaration package) o Sally Sargent informed Lizotte of the Felicidad Homeowners request and he assured them that if any house was found to exceed the 17’ limit, it would be “No problem” to lower the roof to bring it into conformity (Sally Sargent declaration package – same letter as above) December 6, 1974
x Response from San Clemente Director of Planning to Felicidad Homeowners November 13, 1974 letter
o ConƱrming an inspection was made on December 5, 1974 and height restrictions were in compliance with the agreement (letter in Sally Sargent declaration package) February 11, 1975
x Follow-up letter from Felicidad Homeowners to San Clemente Director of Planning o Requesting a physical on-site measurement model 1A (along the ridgeline) as it appeared to be higher than any other model and requested that Felicidad homeowner be present (letter in Sally Sargent declaration package)
February 12, 1975
x Event – Sally Sargent and 2 other ladies along with the Dept of City Planning were present during the physical measuring of model 1A homes (Sally Sargent declaration) February 13, 1975
x San Clemente Planning Commission letter to Sally Sargent o Acknowledging that the Department of City Planning along with Sally Sargent and 2 other ladies participated in the February 12, 1975 on-site physical measurement of model 1A (along the ridgeline) which measured 17’1/4”; 16’10”; and 17’1” (letter in Sally Sargent declaration package) March 19, 1975
x San Clemente City Council Meeting
o as agreed by the Felicidad Homeowners 1 ½ years earlier, Homeowners requested that the City delete the sidewalk requirement on the east side of Delicada. As a result, the City Council approved the deletion of the sidewalk.
o As agreed in the November 27, 1973 meeting with Felicidad Homeowners and the Developer, Homeowners requested the City to delete sidewalk requirement on east side of Delicada o Felicidad Homeowners delivered a petition containing 25 signatures of Felicidad homeowners requesting that the City delete the required sidewalk on the east side of Delicada ƒ This would allow Broadmoor to gain footage to move the centerline of the street towards the hillside of Felicidad
o City Council approved the deletion of the sidewalk on the uphill side of Delicada, however, the centerline of the street was to remain
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April 2, 1975
x San Clemente City Council Meeting
o The City Council clariƱed that deletion of ONLY the uphill sidewalk on Delicada was approved, not all Broadmoor hillside sidewalks. This was a direct result of Felicidad concessions to provide Broadmoor with adequate building pads
o Lizotte indicated that he understood that all hillside sidewalks were no longer required by the City o The City Council clariƱed that deletion of ONLY the uphill sidewalk on Delicada was approved, not all Broadmoor hillside sidewalks
January 7, 1976
x San Clemente City Council Meeting
o The Homeowners requested assurance that the height restrictions be recorded in the CC&Rs when recorded with the County. Broadmoor conƱrmed that all restrictions would be included o The restrictions were in fact, added as a “Supplementary Declaration of CC&Rs” and included single story, 17 foot roof height and 17 foot height restriction on Trees, Bushes and Shrubs which is SpeciƱc to Lots 1 – 19, tract 8963, which is Delicada
o The City Attorney indicated that he is setting up an operating procedure to review the CC&Rs to conƱrm that these items are included in the CC&Rs before recording o Based on this, the City Council approved the Ʊnal tract map for Delicada o Sally Sargent asked for assurances that the height restrictions be recorded in the CC&Rs when recorded with the County
o Lizotte, representing Broadmoor, stated that all restrictions would be included in the CC&Rs and recorded with the County
ƒ Added as Supplementary Declaration of CC&Rs and included single story, 17 foot roof height and 17 foot height restriction on Trees, Bushes and Shrubs
™ SpeciƱc to Lots 1 – 19, tract 8963 (Delicada)
o The City Attorney commented that he is setting up an operating procedure at staƯ level to review the CC&Rs to conƱrm the various items are included before recording o City Council approves Ʊnal tract map for Delicada
February 4, 1976
x San Clemente City Council Meeting
o City Engineer recommends the granting of an easement to Broadmoor for maintenance of Delicada Parkway
February 6, 1976
x Event - San Clemente City Council Easement Recording with Orange County o City of San Clemente grants easement along the easterly side of Delicada to Broadmoor for maintenance of parkway
February 11, 1976
x Event - Supplemental Declaration of CC&Rs was recorded with Orange County o SpeciƱcally noting lots 1 through 19, inclusive of Tract 8963…” (Delicada) o and Tree Height restrictions are noted in Section 3
o This document can be found in Section 2 of your documentation package Are there any questions on the timeline?
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September 6, 2025
To: San Clemente City Council
Subject: Enforcement of Height Restrictions of Broadmoor CCRs x On November 27, 1973 Felicidad homeowners agreed to concessions (gave up land and regrade slope to 30 feet sharper angle and abbreviated top) to provide Broadmoor with adequate building pads. In exchange, Broadmoor agreed to never allow any tree, bush or structure that would inhibit the existing views of Felicidad homeowners. x On February 11, 1976 Broadmoor CCRs were recorded in Orange County noting tree height and structure restrictions to a maximum of 17 feet (Article VII, Section 22). x As of today, 9 of 19 Delicada homeowners refuse to comply with height requirements. All violations have been directly reported to the Broadmoor HOA. x Multiple requests to Broadmoor HOA and to the City Attorney have resulted in lack of enforcement of the height restrictions oƯicially incorporated into Broadmoor CCRs in 1976. x The outcome of civil litigation stated that only the Broadmoor HOA and the City can enforce CCR height restrictions on Delicada and only the City can enforce violations of Conditions of Approval.
x Article XII of CCRs grants the City of San Clemente the authority to enforce theses regulations if the HOA fails to do so.

In summary, I and other Felicidad homeowners request the City to enforce Broadmoor CCRs on height restrictions as the Broadmoor HOA continues to do NOT ENFORCE the restrictions and have trees and shrubs abated to the allowable 17-foot height. Felicidad homeowners have been working to resolve the height violations with Broadmoor HOA for many months without resolution.

Thank you,
Elise Kushino
Felicidad homeowner
2703
September 5, 2025
Letter of Disclosure to San Clemente City Council
Re: Broadmoor HOA, Broadmoor Management Co., and Homeowner Violations of 17’ Height Restriction on Calle Delicada (Tract #8963)
Dear Council Members,
My name is Alan Jay Rice, age 84, and I have resided at 301 Calle Felicidad since September 1968. This home, along with 301 Calle Rica, was originally owned by my father-in-law, Ray Waser, from whom I purchased my property in 1972.

I first came to San Clemente in 1958 while serving in the 1st Marine Division Band at Camp Pendleton. I performed at the dedication of the U.S. 101 Freeway atop the Ave Presidio overcrossing in 1961. Prior to that time, the sole highway from San Diego to Los Angeles was El Camino Real, known as “Slaughter Alley” which went south to Oceanside where I was a policeman for 31 months of my 37-year law enforcement career.

My recollection of events in San Clemente during that time remains clear:
x Ken Carr was City Manager
x Phil Peters was City Engineer
x Cliff Murray was Chief of Police
(The police station was then located at the City Yard on Avenida Palizada) Now, to the point of my letter:
x The land where Calle Delicada homes now stand was, in the early 1970s, an undeveloped landslide complex with wildlife, brush, grass, a waterfall, and a frog pond downward beside La Cuesta
x Residents of Calle Felicidad enjoyed unobstructed views of Catalina Island, Dana Point, and the Pacific horizon
In the late 1960s, we on Calle Felicidad—organized as the Margarita Associates—had already fought off Landmark Financial Corporation’s attempt to build two-story homes without restrictions. Landmark preceded Broadmoor in a failed attempt to build on the fourth & final phase.

Later, when seeking to develop Tract 8963 (Calle Delicada), Broadmoor met with us repeatedly in 1973 – 1975 to negotiate terms. Their officials included:
x Richard B. Smith, founder of Broadmoor who recently sold Broadmoor to Genstar (1973) but continued to manage for Genstar
x Larry Lizotte, Senior Vice President of Broadmoor
x Dennis H. Bickler, Director of Property Acquisition & Assistant Division Manager x S. Reid Gustafson, Vice President & Division Manager
x R. F. Osgood, Senior Vice President & Secretary, and
x Mr. John P. Hazeltine of Broadmoor
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From those negotiations, two binding concessions were guaranteed to Calle Felicidad homeowners and affirmed by the San Clemente City Council:

1. No two-story homes would ever be built in the Delicada tract, in order to preserve Felicidad views

2. No trees, landscaping, or other materials (including antennas, birdhouses, etc.) would exceed 17 feet in height on Calle Delicada. Any potential impediment would be limited to a maximum height of 17’ on Calle Delicada, with no exceptions x Elsewhere in Broadmoor, a 20’ limit was allowed—but Delicada was specifically restricted to 17’.

This restriction was written into:
x Broadmoor CC&Rs, Article VII, Section 22
enforcement provisions noted in Articles 8.4, 10.4, and 12 x Broadmoor Supplemental CC&Rs specific to Delicada, Section 3 These commitments were the quid pro quo for concessions given by Calle Felicidad homeowners, including:
x Relinquishing land - portions of our rear property slopes were cut back and steepened by Broadmoor to stabilize the area—reducing my own lot from ~10,900 sq. ft. to ~10,007 sq. ft.
x Signing City waivers to eliminate sidewalks along Delicada at the base of our slopes, benefitting Broadmoor’s project by satisfying City development requirements Broadmoor officials promised us directly: “You don’t have any worries—it will be in writing for your protection.”
This agreement was not incidental—it was foundational to the very approval of the Delicada tract. To ignore or “turn a blind eye” now would negate the commitments made in good faith between Broadmoor, the City, and the residents of Calle Felicidad.

Today, the Broadmoor HOA and Compass Property Management continue to ignore their duty to enforce these binding restrictions, even after the City granted 2 enforcement pauses. Despite Broadmoor’s own investigation of ten Felicidad properties, at least 36 trees remain in clear violation. Allowing violations to persist betrays the promises made, the concessions given, and the binding protections written into the public record more than 50 years ago.

The HOA’s selective enforcement on Delicada is discriminatory, and a blatant breach of contract. If the HOA refuses to enforce, then—the City of San Clemente has the legal authority to enforce their Conditions of Approval.

I respectfully urge the Council to exercise the City’s documented authority and enforce their own rules—uniformly and immediately. Civil court action against individual homeowners should not be necessary if the governing entities uphold their duty.

Respectfully submitted,
Alan Jay Rice
2705
42 6
Delicada trees > roof
# Felicidad
complaints
Dates of
complaints
# view inspections
required by
Broadmoor for
same violation
# of tree
violations
# Trees
abated
Date
abated
201 yes 1203 egregious 2 2/10; 4/14 2 5207 yes 1 4/14/25 1 1 301 egregious 3 5/6, 5/12 3 3
303 egregious 3 5/6, 5/12 3 4305 egregious 4 2/4; 5/6, 5/12 4 4 4 5/21/25309 yes 2 2/11; 5/6 2 1 1 7/17/25311 egregious 4 2/7; 2/11; 2/15; 2/25 4 1 1 5/3/25 313 egregious 5 2/7; 2/11; 2/15; 3/28; 4/14 5 11319 egregious 2 5/6; 8/7 2 3 325 egregious 1 5/6/25 1 7327 egregious 1
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September 8, 2025
City of San Clemente
City Council
910 Calle Negocio
San Clemente, CA 92673
For over a decade, Felicidad Homeowners have repeatedly asked Delicada and the Broadmoor HOA to comply with the City-imposed 17-foot height limit on Delicada.

That restriction was not arbitrary, it was the quid pro quo for Felicidad’s concessions that enabled the development of Delicada possible. The agreement was clear:
x Felicidad relinquished land, allowed slope recontouring, and waived the sidewalk requirement, to create the pad space required by the City to develop Delicada x In return, Broadmoor agreed to limit all structures, trees, bushes and shrubs on Delicada to 17 feet
It’ just that simple.

The City was not a by-stander, it actively participated in securing these concessions and imposed the 17-foot restriction as a binding Condition of Approval on every Delicada property.

For almost 30 years, Broadmoor complied. Now, for over a decade, they refuse to even engage with Felicidad, arguing that because we are not HOA members, we have no enforcement rights.

The Council has delayed City intervention by granting two enforcement pauses, totaling 10 months, in the hope that Broadmoor would comply voluntarily.

Since the City’s Demand for Compliance (June 26, 2024), only six of 42 egregious violations have been abated.

The Council has already received extensive documentation proving that Delicada’s 17-foot limit was the direct quid pro quo for Felicidad’s concessions and, was imposed by the City as a binding Condition of Approval.

Supporting documentation has been submitted to the September 16, 2025 City Council Packet:
x Broadmoor CCR Article 8 section 4
x Broadmoor CCR Enforcement Article X section 4
x Broadmoor CCR Article 12
x Broadmoor CCR Section 22
* All grant the HOA and the City authority to enter private property and directly abate violations
x Broadmoor Supplemental CCRs for Delicada
o Section 3: 17 foot Tree Height limit
o Section 4: Broadmoor’s responsibility to maintain east side of Delicada slope

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x Declaration of Cecilia Gallardo-Daly – Former San Clemente Community Development Director
x Declaration of Laurence Lizotte – Broadmoor Developer x Declaration of Alan Jay Rice – Original Homeowner
x Declaration of Sally A. Sargent – Original Homeowner
x Declaration of Susan P. Rice – Original Homeowner
o 5 Sworn Declarations attesting to the quid pro quo and its history x City Council Timeline (1) summary comments
o Official meeting notes from City Planning Commission and City Council Meetings January 10, 1973 – February 11, 1976
x City Demand Letter to Broadmoor HOA
o Issued June 26, 2024
x EXHIBIT 4 – Letters to and from City Planning confirming height limit o Communications between Felicidad and City Planning Director Broadmoor Diversionary Tactics
Slope Maintenance
Broadmoor falsely claims that Felicidad fails to maintain its slopes. In fact, Broadmoor is responsible for maintaining the 8-foot wide parkway from the east side of the curb, along the entire length of Delicada. Notably, several sprinklers in this area have reportedly been capped, not by Felicidad.
x Broadmoor Supplemental CCRs for Delicada - section 4
x SCCC Minutes & Delicada Easement Grant - 2 documents
x SCCC Mar 19 1975 Slope Maintenance - page 7
Height, Not View, Defines the Violation
Broadmoor asserts that some Delicada trees over 17 feet don’t impact Felicidad views and therefore should not be subject to enforcement.

This is not possible on Delicada as every property has a Felicidad home directly above it.

The 17-foot limit on trees is not subjective - it is aligned with the 17’ roof height limit and applies uniformly to every Delicada property (201 – 327)
x Exhibit 4 – letters to and from City Planning confirming height limit Complaint Process
Broadmoor has taken no proactive steps to comply. Instead, they:
x Require Felicidad to file complaints with pictures from their properties x Disclose complainant identification to Delicada violators x Require that we allow three representatives onto our properties for “view inspection” x If the Board confirms that a violation exists, the process could move to IDR and ADR o Smisko HOA process to Felicidad 2-5-25
Broadmoor claims this is the process they take with their HOA members. However, for years, they argued that because Felicidad is not part of the HOA, Felicidad should not benefit from the height limit and cannot compel compliance.

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Following Broadmoor’s ludicrous process dictated seven months ago, most Delicada violations have been reported by 2–5 Felicidad homeowners for the same property, yet each Homeowner must undergo a separate inspection—and still, only a token few (just 3 properties involving 6 violations) have been abated.

Felicidad is Broadmoor’s Land Benefactor and should never have been compelled to endure this burdensome and abusive process.

The Height Restriction Remains Binding, Regardless of Time or View Inspections During Broadmoor’s “inspections”, a Board member argued with Felicidad Homeowners that:
x They can’t tell which trees Felicidad was complaining about; x Certain trees don’t obstruct or significantly obstruct their view; x Homeowner wasn’t around when the agreement was made 50 years ago, implying that the height limit no longer applies;
x Delicada homeowners can simply sit on assessments indefinitely and still not comply x Delicada violations
Litigation Threats
The City must not allow threats of litigation from Delicada dictate enforcement of its regulations.

Delicada and Broadmoor are not fighting to protect any legitimate rights, they are willfully and intentionally breaching their agreement with Felicidad and the City to inflict harm on neighbors, with nothing but malicious intent.

The true risk is not in enforcement of City regulations, but in allowing defiance and delay to prevail, which erodes confidence in every approval, condition and promise the City ever has made, or ever will make, to its citizens.

Felicidad Acted in Good Faith
Any suggestion that Felicidad should “compromise”, “find middle ground” or accept subjective measurements, such as accepting that Delicada merely “thin out” violations - completely disregards and effectively nullifies, the critical concessions Felicidad made 50 years ago.

If the City is prepared to negate one part of the agreement, why not all of it? Return Felicidad’s land, restore slopes to their original grade, install the required sidewalk, and compensate Felicidad for decades of lost land use.

Broadmoor’s token enforcement efforts were never about compliance, they were delay tactics designed to placate the City Council, exhaust Felicidad, and pit neighbor against neighbor. Their refusal to comply not only undermines the integrity of City regulations but shows a blatant disregard for the City’s authority in upholding its Conditions of Approval.

I respectfully urge the Council to uphold the integrity of Conditions of Approval, assume City enforcement of the Delicada height limit, and immediately abate every remaining violation on Delicada.

Sincerely,
Reva Buck

2721
Dear San Clemente City Council,
I am writing this letter to implore the City Council to resolve the concern of Broadmoor's unnecessarily slow and in some cases non-existing enforcement efforts regarding Delicada Street and park trees that exceed seventeen feet in height. I have heard several Felicidad resident’s accounts that Broadmoor had been enforcing this HOA requirement for thirty some years but then stopped the enforcement. Since that time Felicidad residents have been struggling with trying to work with Broadmoor on this issue. I have personally witnessed this for the past fifteen years.

Thank you for your dedication to the betterment of San Clemente and your consideration to the resolution of this matter.

Regards,
John Milroy
2722
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: 10A.
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RESOLUTION NO. 25-139

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SAN CLEMENTE, CALIFORNIA,

ADOPTING A POSITION OF OPPOSITION TO
PROPOSITION 50 ON THE NOVEMBER 2025
BALLOT
WHEREAS, Proposition 50, appearing on the November 2025 California ballot, proposes to amend the California Constitution to alter the process for drawing congressional districts; and
WHEREAS, the current process, established by voters, assigns the responsibility for drawing congressional districts to the independent California Citizens Redistricting Commission, designed to operate in a non-partisan manner; and WHEREAS, Proposition 50 would transfer the authority to draw congressional districts from the California Citizens Redistricting Commission to the State Legislature; and
WHEREAS, the independent California Citizens Redistricting Commission was created to ensure fair and impartial district boundaries, including safeguards to keep cities, counties, and local communities together; and
WHEREAS, Proposition 50 would remove existing safeguards intended to maintain the integrity of local communities in the redistricting process; and WHEREAS, Proposition 50 proposes dividing communities, diluting their voice in Congress by forcing many more cities be split among multiple congressional districts under the measure’s new maps, and diminishing their voice by making congressional districts less competitive; and
WHEREAS, Proposition 50 proposes dividing Capistrano Bight, the Orange County portion of the Oceanside Littoral Cell and a community of interest which is critical for the City of San Clemente’s sand replenishment efforts, into two congressional districts under the measure’s new maps and making the interagency coordination and collaboration more complicated and less effective; and
WHEREAS, the City Council of San Clemente recognizes the importance of maintaining a transparent and independent redistricting process to uphold public trust in electoral systems; and
WHEREAS, the City of San Clemente believes that Proposition 50 undermines the voter-approved framework for fair redistricting in California; 2724
Resolution No. 25-139 Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Clemente, California, hereby adopts an official position of opposition to Proposition 50 on the November 2025 ballot.

SECTION 1. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Steve Knoblock, Mayor of the
San Clemente, California City of San Clemente, California 2725
Resolution No. 25-139 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. 25-139 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
2726
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: 10B.

Submitted By: City Council
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e

CONSIDERATION OF MAKING PUBLIC RECORDS REQUESTS STATISTICS AVAILABLE VIA THE ..body CITY WEBSITE
Fiscal Impact:

None.

Summary:

At its meeting of September 2, 2025, the City Council agendized consideration of adding all Public Records Requests to the City website in the interest of the City’s ongoing mission of providing a more transparent public process.

The City Clerk division has one full time Records Management Coordinator who, in addition to other duties, dedicates a vast majority of working hours to Public Records Requests. Additionally, each Department has staff whose duties include processing Public Records Requests.

The majority of records requests include requests for Community Development related documents such as building permits, plans, and Code Compliance issues, as well as Public Works documents, which include geology reports and tract maps. Community Development has four full time employees and Public Works has three full time employees whose duties include processing records requests.

In addition to the above requests, there are a significant number of public record requests for City staff and City Council emails related to specific topics, using specific search words to scan City emails and City Council and Staff personal emails and text messages. The City’s Information Technology division runs the email searches for each of these types of requests. The amount of time spent processing email searches varies depending on the request.

Email searches and Code Compliance cases take the most significant amount of time to process due to the need to review each email to redact personal information and being mindful of the sensitivity of Code Compliance cases. For Code Compliance cases, any information that could potentially identify the complainant must be redacted (i.e. “my next door neighbor”).

City Staff estimates that 10% - 15% of requests include “email and/or personal device” requests.

These types of requests are very time consuming due to the fact that they typically yield thousands of results which may or may not be responsive. Staff has to go through each page of the results to determine which documents are responsive and to redact personal information on responsive documents.
2727
Meeting Date: September 16, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 2
On average, the City processes approximately 1200-1500 Public Records Requests each year, with the number significantly increasing since 2018. As of the writing of this administrative report, we have 1008 requests to date for 2025.

The City’s current Public Records Request portal, JustFOIA, has the ability to publish requests via the search feature. If the City Council chooses this option, staff could add a link on the City webpage and the public would be able to search for previously fulfilled requests (sample search feature shown below). Another option would be to publish a monthly report on the City website, which would list records requests for each month (the August 2025 report is included as Attachment 1 to this Administrative Report as an example). If the City Council chooses to add a monthly report to the City website, the name of the requestor would be visible to the public, but other personal information such as physical address and email address for the requestor would not be visible.

It is important to note that Public Records requests are only good up to the date of the request, so information the public is viewing on certain requests could be outdated by the time that they view the request. Additionally, the City has no duty to create documents to respond to requests.

Year Number of Requests
2025 1008 – (as of 9/4/25)
2024 1486
2023 1545
2022 1235
2021 1514
2020 1076
2019 707
2018 665
2728
Meeting Date: September 16, 2025 Agenda Item: 10B.

CITY OF SAN CLEMENTE 3
If the City Council determines to add Public Records Requests to the City website, City Staff is prepared to move forward immediately, beginning with requests dated September 17, 2025 and after.

Council Options:
 Direct Staff to add Public Records Requests to the City website via the JustFOIA search engine effective September 17, 2025.
 Direct Staff to add a monthly report of Public Records Request to the City website beginning with August 2025.
 Direct Staff to return with additional information.
 Take no action.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that if the City Council determines to add Public Records Requests to the City website, choose from the following options below:

1. Direct Staff to add Public Records Requests to the City website via the JustFOIA search engine effective September 17, 2025;
OR

2. Direct Staff to include a monthly report of Public Records Requests on the City website beginning with August 2025;
OR

3. Direct Staff to add Public Records Requests to the City website via the JustFOIA search engine AND include a monthly report of Public Records Requests to the City website beginning with August 2025.
..end
Attachment:

1. August 2025 Public Records Request Report
Notification:

None.
2729
Request # Date of Request Name Description
PR-877-2025 8/1/2025 Reed Thompson I am requesting the soils report conducted on my property. PR-878-2025 8/4/2025 Edward Kweskin On August 8, 2025 Work Action Plan Letters are to be submitted. I have the following which I am going to submit for consideration. However, as part ofmy submission I list the applicable Fund/Account/Project Nujmber and the balance of the current budget year 2025 (The lbudget is biennial so this reprdesents theoretically ½ of the Budget Perioed. Can I have Account Name and Numbers and Balances for the following proposed Work Plan Letters:

Roller Rink at Surplus City Property at 1532 North El Camino Real (Prelim Budget: 2025-2026 $650,000 Proposed Completion Date: June 2026 Including Design (Park Acquistion) Boccee Ball at Abandoned Lawn Bowling at San Louis Rey Park 2025-2026 Proposed Prelim budget #85,000 Completion January 2026 (Park Maintenance) North Beach Pride Organization 501(c) (3) City Staff Cost (Planning Document Preparation) Update Park Master Plan (Planning Dolcument Preparation) Basketball Facility in South End of Town (Park Acquition)/ Recreation Program-Teenagers) Shufflelboard Facility (Site Selection and Design) Tournament/League Senior and Special Needs Activity (Park Improvements at Existing Public Park Area) Senior (55 Plus) Cometitivbe Recreation Programs (Shuffleboard, Bocce, Partanquw Programs with provided Facilities either rnew or existing) Ma-Jong (Recreation Competitive Activity) Staff and Minor Equipment using existing facilities Cribbage (Recreation Competitive Activity) Staff and Minor Equipment using existing facilities Designated BP&R Member as State Rep to Sacramento for Conferences and Recipient of All Studies including OCTA Reports and Programs. Transportation Costs, Printing Costs, Accommodation Costs, Per diem Costs (Quarterly(: Erossion, Sea Level Rise, Beach Replenishment Programs and budgets. Chess Furniture at Pier and San Gorgonio And Beach Club/North Beach Locations City Park Planner Position Filled Return all BP&R Authority and Responsibility to Community Services Director from Public Works. (No Budget Impact except relocate Staff, Accounting Adjustments, Some Printing Costs for New Business Cards,Stationery) NOTE: All of the above are consistent with the requirements and directives of the BP&R and Coastal Elements of the Centennial Genera Plan and the Strategic Implementation Plan of 2024-2025 Please provide what funding/expenditure/capital account these might be applied to and the current balances asd of FY 2025 Close. I would like to have a preliminary/conceptual/actual listing for discusson subsequent to submission on August 8, 2025.

PR-879-2025 8/4/2025 Glenn White I need a copy of all building permit documents for 3 Calle Agua, San Clemente, Ca. 92673 PR-880-2025 8/4/2025 Ben Stallsworth Hello - I am needing permit records for my property. Thank you. PR-881-2025 8/4/2025 Stacy Gassman Hello - we are listing this property for sale. Could you please send the city file? thanks! PR-882-2025 8/4/2025 Katherine Hall Any building permits on property 114 W Ave Cadiz, San Clemente, CA 92672 after initial build of house.PR-883-2025 8/4/2025 Corinne Eikanas Blue print/building plans of my homePR-884-2025 8/5/2025 Center for ContractCompliance - GusGarcia
Dear Sir/Madam: Rod's Tree Service Inc. 1100 South El Camino Real P.O. Box 3897 San Clemente, CA 92674 CSLB # 554178 In accordance with Labor Code § 1776, the Center for Contract Compliance requests copies of the above noted contractor’s certified payroll records from 01/01/2024 to 08/05/2025 on form A-1-131 or approved format. Please include the fringe benefit statement with the responsive records. The certified payroll records may be provided in a format of your choice but must have all the information required under the DLSE Form A-1-131. As a Joint Labor-Management Committee, the worker names and addresses shall not be omitted pursuant to Labor Code § 1776(e). These records are not available through the Department of IndustrialRelation’s (DIR) E-CPR payroll system because the system omits this required information. Please note, the E-CPR system has not replaced obtaining these records through the awarding body under Labor Code § 1776(b)(3). Our office will gladly pay the reproduction costs provided by California Code of Regulations § 16402, which “shall be $1 for the first page of the payroll record and 25 cents for each page thereafter, plus $10 to the contractor or subcontractor for handling costs.” Pursuant to Labor Code §1776(h), the contractor has 10 days to comply with this request or is subject to a $100 per calendar day penalty, for each worker, until the records are properly submitted. These penalties are payable to the awarding body or the state. We urge collecting these penalties to replenish agency funds and ensure fair and responsible contracting. In addition, the contractor is subject to debarment from public works contracting provided by Labor Code §1771.1(c). If needed, the contractor can download the payroll reporting form and fringe benefit statement from the DLSE’s website at: www.dir.ca.gov/Public-Works/Resources.htm. If you have any questions, please contact our office at (626) 444-8355 or by e-mail at [email protected]. Sincerely, Gus Garcia Senior Investigator CCC S/315G (04/24) PR-885-2025 8/5/2025 Laura Stevens Please provide any and all soils and engineering reports and permits filed for 2803 and 2805 Via Montecito, San Clemente CA 92672 Thank you, Laura :-) PR-886-2025 8/5/2025 Cindy Schorr 2856 Via Amapola 92673 Property Line information Tract Maps Survey EtcPR-887-2025 8/5/2025 Victoria Bollard I am looking for property lines of our home. We are in the process of figuring out what is my next door neighbors property line and what is ours. We woudl also love the plan/actual sq footage of our home and if there is a blueprint of our home on record.PR-888-2025 8/5/2025 Ben Stallsworth All available public records on the property Building records provided previously via PRA 880-2025 2730Report created 2025-09-04 11:19:28 AM (Pacific Standard Time) PR-891-2025 8/6/2025 Zhen Wu All email communication involving at least one member of the city council, former councilmember Duncan, city manager, city clerk, assistant clerk, and city attorney (when appropriate to be released to the public), regarding any tax measure or citizen initiative petition, during period of 11/1/2024-8/6/2025.

PR-889-2025 8/6/2025 Shishir Rawat
Hello, I am a records research engineer for CHC Consulting, a contractor for AT&T,A058G7T. We are currently planning a fiber cable installation project in San Clemente and I'm hoping you can provide some information. Our project is servicing 316 Corte Mira Vista, San Clemente, CA 92673, USA. The entireproject is shown in the attached pdf. Can you provide Storm Drain, Sewer, and Water substructure information for the area? A capital improvement plan, as-built document, or GIS screenshot should show this information. Please let me know if I can provide any additional information. Thank you, Shishir PR-890-2025 8/6/2025 Courtney Patterson 11 West Avenida Junipero 92672 Permit History PR-892-2025 8/6/2025 Jenny Dallman I am a real estate agent representing a client on a purchase across the street from the above property. They are looking to find out what is being built at 116 via Ensueno, or possibly the surrounding area. Thank you PR-893-2025 8/7/2025 John Kay Jr. I would like a digital copy of the approved (stamped) plans for the pool and retaining wall project under permit B19-0959 Thanks PR-894-2025 8/7/2025 JUSTIN LEE In 2021 the city released Invitation # UT 2021-02 for "Hazardous waste response, cleanup removal and disposal environmental on-call services contract". May I have all proposals (and pricing) considered, the evaluation summary and the recommendation memorandum? PR-895-2025 8/7/2025 Jeff Musser Please provide building permits for 1374 Felipe, San Clemente CA 92673 from when house was built in 1985 through the present 8/07/2025.

PR-896-2025 8/7/2025 Bid America
We are unfortunately no longer able to access the portal your agency uses for construction contract documents. I’m writing to make a quick request. In line with AB 2036 (2011) and subsequent California laws, particularly Public Contract Code Section 10111.2 and 20103.7, we kindly ask you to send us the bidding documents for these projects directly: • LIFEGUARD TOWERS REPLACEMENT (FY 2025) - August 26, 2025 - 22104 Please send these document directly to [email protected]. Additionally, would it be possible for BidAmerica to be included in any automatic distribution list for all future public works projects and RFQ’s? We appreciate your understanding and support in ensuring that contractors have continued access to vital bid information. Since 1996, BidAmerica has been a dedicated public works contractor plan room serving California. As a former California General Engineering Contractor and a current Licensed Civil Engineer, our mission has always been to enhance visibility and accessibility to public construction projects by consolidating and publishing bid opportunities from agencies like yours.

PR-897-2025 8/7/2025 jean waddell Information for 315 Avenida Monterey San Clemente Site Plan with available parking spaces Floor plan for front unit PR-898-2025 8/7/2025 laura stevens Hi Jason, can you please send us all filed permits, especially anything related to soils & engineering on the property located at 406 Calle Vista Torito? Much appreciated. Laura Stevens PR-899-2025 8/8/2025 Ryan Bittner I'm looking for all Entitlement Documents (i.e. Architectural, Tentative Maps, Surveys, Conditions of Approval, etc.) associated with 229 & 231 W. Avenida San Antonio, San Clemente, CA. I'm also interested in the approved Construction Drawings for the project.

PR-900-2025 8/8/2025 Alexander C Fox Permit History - 820 Calle MendozaPR-901-2025 8/8/2025 Catherine Cartagena Hi I am looking to redo my home insurance and they are requesting information on how old these items are or the life expectancy of them. I was wondering if there is any info on this or building permits that were made that you can email me. The items I would need are the roof, heating, plumbing, and electrical box.PR-902-2025 8/8/2025 laura stevens Any geo repots, Foundation repair permits and any other filed permits pertaining to 211 Calle Dorado SC Thanks & have a wonderful weekend! Laura PR-903-2025 8/8/2025 Doug Story Polls etc for new development possibly belonging to: 116 Via Ensueno 118 Via Ensueno What would the Height Restrictions be? Easements? PR-904-2025 8/8/2025 Guyton Maurice
Hello, I am the VP of the Ocean Hills HOA Board of Directors. I would like to request any submitted and approved plans by the HOA and/or city, includingany approved letters from the HOA and/or HOA approved architectural applications for the address of 728 Calle Perlino, San Clemente, CA 92673 for therange of years between 2023-2025.

PR-905-2025 8/10/2025 Sirus Bakhtiar Purchased property and requesting permit records or square footagePR-906-2025 8/11/2025 Josie Rietkerk all emails, email attachments, phone calls, recorded phone calls, letters, between and/or to/from city employees pertaining to: Tim Rietkerk Josie Rietkerk 401 Avenida Del Mar #B3, san Clemente PR-907-2025 8/11/2025 Giles Sankey All records related to remodel and renovation at 6210 Colina Pacifica, San Clemente, CAPR-908-2025 8/11/2025 russell miner Can you please email me all available permits for: 625 Calle Miguel San Clemente.PR-909-2025 8/11/2025 ROZITA FADAKAR ROKNIAN can you send me a list of the properties that have applied for bluff repair or landslide repair in the past 12 months in San Clemente near the recent landslides i Buena Vista Street? 2731
PR-910-2025 8/12/2025 Thierry Wuilloud registered owner name for 1105 Buena Vista, San Clemente CA 92672 PR-911-2025 8/12/2025 Samantha Barker All building permits on record for 1703 S Ola Vista from the year 2020-2025.PR-912-2025 8/12/2025 Brandon Sands I am appraising an office building. Public record does not show the year built or the size of the building. I am requesting building records that show this information. Possibly building plans/permits, certificate of occupancy etc. 180 Avenida La Pata APN is 688-161-07.

PR-913-2025 8/12/2025 Eric Reuland Please share historical permits for the home at 303 Calle Escuela. Specifically roof permits. I'm in escrow on the home and homeowners insurance is asking for proof of the roof repair or new roof during the year 2000. Please also send inspections if possible. Thanks! PR-914-2025 8/12/2025 Ashley Osak Hello, I am requesting the blueprints for my home at 6 Calle Celestial, San Clemente 92673.PR-915-2025 8/12/2025 T.J. Orr Please provide the number of STLUs that will be expiring in May 2026 and the number of occupants those licenses covered. Also please how many STLUs and total allowed occupants that may be continuing beyond May 2026.PR-916-2025 8/12/2025 Robert C Hoggatt Prior building plans and permits for 129 Avenida Mateo, San Clemente 92672.PR-917-2025 8/12/2025 Ben Ehsani I would like to obtain information regarding past building permits or As-Built Civil/Structural plans.PR-918-2025 8/12/2025 Robert Roland As built drawings, plans, blueprints, drawings 464 Camino Flora Vista 92673PR-919-2025 8/12/2025 T.J. Orr Please provide address and owner/ operator contact information for all STLUs for which permits will expire in May 2026.

PR-920-2025 8/12/2025 Brian Holub Blueprints and plans for my home for possible additions/modifications.PR-921-2025 8/13/2025 Guy Petersen Any building permits in the past 18 months PR-922-2025 8/13/2025 Timothy Kafesjian Building Permits for 307 Calle Dorado, San Clemente CAPR-923-2025 8/13/2025 Dennis J Scopellite I would the history of all building permits issued by the City of San Clemente for the address of 905 Calle Nuevo San Clemente, CA. 92673 PR-924-2025 8/13/2025 Vince Lee
I would like to get City's approval records for the new SFR + ADU project at 314 La Rambla. Specifically, we would like to get City engineer's comment onthe proposed pool and spa on the rear of the property facing the ocean. Is this something you can help with? I am cc'ing Chris Johnson, who was the City'slead for this project, but might no longer be with the City.

PR-925-2025 8/13/2025
My request pertains to 4026 Calle Lisa, San Clemente, CA 92672, which is located in the Cypress Shores community. I'm requesting any and all: 1. Building plans 2. Tract map plans showing the location of any improvements and/or buildings on the property 3. Topographical surveys 4. Boundary surveys 5.Improvement plans relative to the property 6. All permit history and applications PR-926-2025 8/13/2025 Nariseti Ooha Kavya
Pursuant to the state statutes regarding public information, I am inquiring to whether you can provide the following information: 1. A copy of anyrecords related to uncashed /stale-dated checks showing the (i) payee or vendor names, (ii) check issue dates, (iii) check number and (iv) dollar amounts equal to or greater than one thousand dollars ($1,000.00). 2. Accounting records of property tax overpayments or claimed/unredeemed tax lien certificates which have been refundable, showing the (i) payee names (ii) check issue dates, (iii) check numbers, (iv) dollar amounts over $1,000.00. 3. For the above two requests please include all the necessary claim forms, affidavits or instructions required for the reissuance of the deposits/outstanding/stale dated checks or refunds. 4. At what frequency are these records updated? Monthly, quarterly, semiannually, annually or upon request? Please confirm, if uncashed checks are remitted to state unclaimed property bureau. If so, after what aging period? Thank you in advance for your assistance with this request.

PR-927-2025 8/13/2025 Parker Grudt I’m requesting the last three years of operating statements (revenue and expenses) for San Clemente Golf Course, along with the number of rounds played each year, under the Freedom of Information Act.

PR-928-2025 8/13/2025 Mark Ware Street improvement plans as well as rough and precise grading plans for Camino Lienzo, Tract No. 15967 M.M. 814/7-16: AKA TALEGA GALLERY, San Clemente.PR-929-2025 8/13/2025 Sharon Rosenberg Please email as PDF: New Business License Listings July 2025 Bus. name, phone number, owner's name, & any home based, where possible PR-930-2025 8/13/2025 Patsy Gamble I am a realtor with Sotheby's and will be listing/selling property at 2 Corte Tallista and would appreciate information as to any permits that may have been issued to this property. I am requesting all permit history on above property. Please email at your earliest convenience.

PR-931-2025 8/14/2025 T. Dustin Hauck And all permit records and/or previous drawings for 818 S El Camino RealPR-932-2025 8/14/2025 laura stevens Hi Jason, can we get records 716 Avenida Columbo? Unfortunately, we lost the running for the one on Calle Dorado so we’re back searching. There’s also at the end of the cul-de-sac there on Colombo some looks like serious Repair to the turnaround of the street. I’m sure that’s the city doing that work can you send information on what caused that to collapse and information on the repairs that are being done thank you so much Laura PR-933-2025 8/14/2025 Siobhan Ulnick Looking to see if this house was built with caissons. Thank youPR-934-2025 8/14/2025 Yvette Lamarque From 2018-2022 Avex builders worked on 2 properties with plans by the same architect who I can’t get ahold of. We are in a lawsuit with the owner and need to submit the stamped plans for both please 226 Avenida Cabrillo 221Avenida Del Mar suite B PR-935-2025 8/14/2025 Katie Lingo 127 Calle Del Pacifico 116 Paseo de la Serenato Land Survey of either property Plot Plans Tract Maps 2732
PR-936-2025 8/15/2025 Stacy Gassman We are representing the buyers in the purchase of this property. Please send the city file. thanks! PR-937-2025 8/15/2025 Jade Neach The "permit history" for 4151 COSTERO RISCO SAN CLEMENTE, CA 92673. All building records from build to now ( inspection records, square footage notes, name of builder, or names of contractors workingPR-938-2025 8/15/2025 April Hamilton Hello, I am looking to get the bid documents for the LIFEGUARD TOWERS REPLACEMENT (FY 2025) 22104 project for Dodge Plan Center. I understand thatthese are on your hosting site. However, due to site restrictions I cannot download documents from this site. Is there another way to get these documents? Any information you can provide would be greatly appreciated. Thank you in advance for your time.

PR-939-2025 8/16/2025 laura stevens Happy weekend Jason Looking at 315 Calle dorado & its neighbor who did a two story new build to see what we can learn about soil & foundation Any & all help appreciated Laura & BobPR-940-2025 8/16/2025 laura stevens Forgot to add the neighbor address to the one at 315 Calle Dorado. The neighbor address is 317 Calle Dorado. Looking at 315 Calle dorado & its neighbor who did a two story new build to see what we can learn about soil & foundation Any & all help appreciated. Thanks!PR-941-2025 8/17/2025 Catherine Want I would like to know the property line at the back of our property. There is a stream that runs when it rains and three palm trees are growing in that area. Who is responsible for trimming or cutting down the trees? The trunk of one tree is huge.PR-942-2025 8/18/2025 Lisa Chatar SmartProcure is submitting a public records request to the Coastal Animal Services Authority for any and all purchasing records from 8/27/2024 to current.

The request is limited to readily available records without physically copying, scanning, or printing paper documents. Any editable electronic document isacceptable. The specific information requested from your record-keeping system is: 1. Purchase order number. If purchase orders are not used a comparable substitute is acceptable, i.e., invoice, encumbrance, or check number 2. Purchase date 3. Line item details (Detailed description of the purchase) 4. Line item quantity 5. Line item price 6. Vendor ID number, name, address, contact person and their email address If you would like to let me know what type of financial software you use, I may have report samples that help to determine how, or if, you are able to respond. As an added security and privacy measure, there will be a unique upload link for any new requests moving forward, including this one. We appreciate your assistance towards this request. You may also attach the information to this email.https://upload.smartprocure.com/?id=c2RqPWEyYlZQMDAwMDAwZWhZNVlBSSZzdD1DQSZvcmc9Q29hc3RhbEFuaW1hbFNlcnZpY2VzQXV0aG9yaXR5Jm9yZ2lkPTExNDMwOQ%3D%3D PR-943-2025 8/18/2025 William Munson “1822 Calle De Los Alamos, San Clemente (Lot 22, Tract 897): Building Permits and Geotechnical Reports.

PR-944-2025 8/18/2025 Derek Edwards As-Builts of fire life safety system, specifically fire sprinkler flow and hydraulic pressure specificsPR-945-2025 8/18/2025 Camera Footage City of San Clemente Parking Lot "Safe - Exchange Zone" Sunday 8-17-2025 5:00 pm to 5:30 pmPR-946-2025 8/18/2025 David McDonald Requesting the police report and all available statements regarding a vehicle incident on 22 June 2025. The incident occurred in the city of San Clemente. A witness who provided a statement on scene was REDACTED.PR-947-2025 8/18/2025 Pablo Naranjo, PE Hello, I have been retained as a geotechnical engineer for foundations repairs at the property address: 113 Monte Vista, San Clemente, CA 92672. I request any Grading Plans, Geotechnical Reports, Soil Reports, Compaction Reports, and Grading Plans for the referenced address and/or neighboringhouses. Let me know if you have any questions. Thanks PR-948-2025 8/18/2025 Brooke Baranek Requesting zoning and land use designation data in a GIS compatible format.PR-949-2025 8/18/2025 Sebastien Liberman I would like to get to last updated soil report of the property please. Thanks and much appreciated. Sebastien PR-950-2025 8/18/2025 Mark Sutton I would like to see the blueprints for the house from the time of rebuilding in 1972 to any remodels up until 2022 PR-951-2025 8/20/2025 Woo Park
The Data Branch is hereby submitting a commercial records request. We seek a spreadsheet containing all purchase orders from January 1, 2021, to present day. Requested Information: Spreadsheet containing all purchase orders from January 1, 2021, to present day. If easily accessible, please provide the following details for each purchase order: -Purchase order number or equivalent -Purchase date -Vendor ID or equivalent -Vendor name -Line item details - Line item quantity -Line item unit price -Line item total price Format & Delivery: We understand systems and formats may vary. These records generallylive in your ERP, and a spreadsheet export of that may be easiest. We would appreciate it if you replied in this email thread if possible. However, if this is not possible, please feel free to send them in any format you prefer, including: -Spreadsheet (Preferred) -PDF -Word -Existing reports from your ERP -Any readily available, already existing records resembling purchasing records (even if missing some requested columns) Note on Commercial Nature & Scope:

This request is for research and informational purposes. We recognize it as a commercial request and will comply with all relevant policies. We appreciate your time as well as your team and are happy to work with you to narrow or clarify the request if needed. Contact Information: Email:
[email protected] Phone: (302) 585-3132 Address: 1111B S Governors Ave STE, Dover, DE We appreciate your attention to this matter and look forward to your prompt response. Please confirm receipt of this request and provide an estimated date for the delivery of the requested records. Thank you for your cooperation. Sincerely, The Data Branch Research Team 2733
PR-952-2025 8/20/2025 BidAmerica Planroom
You are receiving this public records request either because our request for the bid documents under California Public Contract Code (PCC) have been ignored, your agency’s department has requested we submit our requests through the California Public Records Act (CPRA), or both. Please remind your department that construction bid documents requested by a contractor plan room are handled through PCC and not through the CPRA system. Time Urgency due to bid date. Please send the bidding documents as soon as possible as we need to advertise this opportunity in our contractor plan room. Due to the terms of service copyright protection over the web content hosted on your agency procurement portal (APP), PlanetBids, we are unable to download them. I’m writing to make a urgent request. In line with AB 2036 (2011) and subsequent California laws, particularly Public Contract Code Section 10111.2 and 20103.7, we kindly ask you to send us the bidding documents for these projects directly: Reeves Booster Pump Station - PN 17405 - September 10, 2025 Please send these documents directly to [email protected] either directly or with a cloud link hosting the documents. Since 1996, BidAmerica has been a dedicated public works contractor plan room serving California. As a former California General Engineering Contractor and a current Licensed Civil Engineer, our mission has always been to enhance visibility and accessibility to public construction projects by consolidating and publishingbid opportunities from agencies like yours. Best regards, BidAmerica Team 951-528-0528 [email protected] PR-953-2025 8/20/2025 PATRICIA RASCON
Provide a copy of the most recent contractors list as referenced in Municipal Code 3.40.050 (B): "Contractors List. .....A list of contractors shall bedeveloped and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and the criteria promulgated from time to timeby the California Uniform Public Construction Cost Accounting Commission" PR-954-2025 8/20/2025 Jolene Coleman Please provide public records available for 438 N El Camino Real, to include the building size, lot size, and floor plans, if you have them. Thank you.

PR-955-2025 8/20/2025 Andre White I'm representing a buyer that is interested in this property and we would just like to review any available permits associated with the house. 2009 Via Aguila PR-956-2025 8/20/2025 Jevin Ferguson Complete set of plansPR-957-2025 8/20/2025 Steven Marsh All original building records, permits. original site and/ or plot plan with topo and house location. Surveys recorded or filed.

PR-958-2025 8/21/2025 Tyrone Alexander Woods Jr Traffic violations PR-959-2025 8/21/2025 Linda Ingram
I'm trying to get information gathered for our project at 259 W Marquita, San Clemente. This is for our application to the California Coastal Commission.

They are requesting a lot more information/documents. On the attached sheet, highlighted in pink, the City of San Clemente owns the "Linda Lane" portion of the slope. Can you get me the APN and a document that shows the Legal Ownership of that portion of land? This is getting difficult for me.

PR-960-2025 8/21/2025 Chris Shepard Record ID 8284-108-35 255 Via Ballena All Public RecordsPR-961-2025 8/21/2025 Chris Shepard Record ID 8284-108-35 Address 253 Via Ballena San Clemente All Public Records PR-963-2025 8/22/2025 Josie Rietkerk Emails, correspondence, phone messages, phone recordings, email attachments, letters, TOT reports, documents: to, from or between city employees and/or City council members pertaining to: Brian Pitt Cheryl Pitt Josie Rietkerk Tim Rietkerk Cathy Mashburn 614 avenida victoria Unit A 614 AvenidaVictoria Unit B 614 Avenida Victoria Unit C PR-966-2025 8/22/2025 nicholas kazemi Can I please get all property permits and records for 27502 Del Gado Rd, San Clemente (APN 691-322-06) PR-962-2025 8/22/2025 Cherie Hartman All information on file pertaining to 128 Avenida San Dimas and 130 Avenida San Dimas PR-964-2025 8/22/2025 Truong Nguyen Hi Sir/Madam, I am interested in buying the property at 125 Calle Redondel, San Clemente 92672. There is a 1,500sf home on the 13,200sf lot and onedetached car garage. Per MLS, the house can be rebuilt or lot can be split. My questions are: 1. Can I rebuild a house on this lot. If so, what is the max GLA that it could be on this lot. 2. Can this lot split into 2 smaller lots. If so, what is the max SFR could be built on the new split lot. Thanks so much for your helps. Truong Nguyen,
PR-965-2025 8/22/2025 nicholas kazemi Can you please produce public records between 27512 Del Gado Rd (APN 691-322-17) and Calle Grande Vista, the hillside that is owned by the city (APN 691-322-01). I would like to find out to see if there has been any remediation performed by the city to the hillside PR-967-2025 8/24/2025 Erica Leung 15 Calle viveza All Public RecordsPR-968-2025 8/24/2025 Christian Varela Requesting all building permit available on this property, including any planning entitlement documents at property located at 644 Via Umbroso, San Clemente, Ca 92672 PR-969-2025 8/25/2025 Edward Kweskin For the Work Plan Meeting I am trying to reconcile the Budget/Expenditures/Encumberances/Balances and Percentages and need the relevant TOTALs for the Categories. I don’t need the details. The previous expenditure cost sheets did not indicate these.

PR-970-2025 8/25/2025 Tia Maria Moreno 2306 via chalupa #76 can i please get the original building permit & certificate of occupancy and anything pertaining to this unit specifically please 2734
PR-971-2025 8/26/2025 Serene S Bartholomew We are looking for all property history and plans on our home (46 Santa Clara, San Clemente CA 92672), any maps to be included with development, permits, utility lines, blueprints, etc would be helpful.

PR-972-2025 8/26/2025 Joseph J Francisco I need a copy of the deed for my home at 119 Via Velazquez, San Clemente, CA 92672PR-973-2025 8/26/2025 Paul Jerrold-Jones request drawings to plan for repairs on original staircase 229 Avenida Victoria PR-974-2025 8/26/2025 Seth Kenney Hello, Would like any and all information related to 117 Avenida Cabrillo, 92672 Thank you!PR-976-2025 8/27/2025 Casey Woolf I am working with this property owner on a potential sale. Am looking to get all information regarding the property including information on the entitlement and plans for the property. I am also curious to see how much more it would to get this project permitted and 'shovel ready' by the city.

PR-975-2025 8/27/2025 Jason Helfrich I need any building permits / plans, grading plans and/or any soils/geological reports on the property located on 253 Via Ballena, San Clemente 92672 PR-977-2025 8/27/2025 David McDonald Request All police reports/witness statements regarding a vehicle crash on 22 June 2025. The vehicle crash took place on El Camino Real in San Clemente, CA. One of the witnesses who provided a statement was named REDACTED.

PR-978-2025 8/28/2025 Ashley Kersh Use Permits or entitlements in connection with alcohol sales at 801 N El Camino Real, San Clemente, CA 92672.

PR-979-2025 8/28/2025 Lara Carlin I want to see the plans and paperwork associated with the large addition added to the Right of my home prior to 2008. PR-980-2025 8/28/2025 Edward Kweskin 25/26 Strategic Implementation Plan Was due to the State of California by 4-1-2025PR-981-2025 8/28/2025 Amanda Quin Dear Jason, I am respectfully requesting all of the Citizen's Intiatives that have been filed for an inrease in sales tax that were submiited by CameronCosgrove. There are some initiatives that are found on the City's webpage, but I do not know which one it is. It is my understanding that there have been 5 drafts that have been submitted for an impartial analysis by the City Attorney. Also please include the City Attorneys Impartial Analysis. Thank you for time. Sicerely, Amanda
PR-982-2025 8/28/2025 ROZITA FADAKAR ROKNIAN all the drawings for 135 Avenida Algodon San Clemente CA 92672 PR-983-2025 8/28/2025 Amanda Quin
Dear Jason, I hope you are well. I am respectfully requesting any communication between/from Director Samantha Wylie to/from Pier Pride Foundation representatives such as Eileen Kawas, Amber Gregg, Aaron Washington, & etc regadring Pier Pride projects about the Pier Entrance, Pier signs, retaining wall, the Fisherman Restaurant, succulent wall, landscaping, the underpass, pump, Lifeguard station, Pier Gate, & etc. In addition please include any power point presentations and the Memorandum of Understanding, MOU, between the City of San Clemente and the Pier Pride Foundation. In addition, please include any communication of any kind to/from Andy Hall to/from any repsentative of Pier Pride Foundation. Thank you for your time. Sincerely, Amanda PR-984-2025 8/28/2025 Amanda Quin
Dear Jason, I hope you are well. I am respectfully requesting any forms of communication to/from City Council member Victor Cabral to/from the PierPride Foundation representatives such as Eileen Kawas, Amber Gregg, Aaron Washington, Rick Divel, & etc. Please include any forms of communicationto/from Victor Cabral to/from Samantha Wylie . Thank you for your time. Sincerely, Amanda PR-985-2025 8/28/2025 Amanda Quin
Hello Jason, I hope youu are well. I am respecrfully requesting any emails/texts to/from Commisioner Shari Grace to/from all of the Beaches, Parks &Recreation Commisioners in regards to Pier Pride Foundation projects and the North Beach Community Association projects. Please add CommissionerTeddy Khan for any emails/ texts to/from the North Beach CommunityAssociation such as Chris Butler, Ken Projeclak (sp), Suzie Whitelaw. Thank you for your time. Sincerely, Amanda
PR-986-2025 8/28/2025 Edward Kweskin All Aquatics Revenues and Expenses Fees, Tournament Fees, Pool Rentals, Swim Passes, Etc FY 2025 PR-987-2025 8/28/2025 April Hamilton
Hello, I am looking to get the bid documents for the Calle Real Pump Station Rehabilitation PN 19516 project for Dodge Plan Center. I understand that these are on your hosting site. However, due to site restrictions I cannot download documents from this site. Is there another way to get thesedocuments? Any information you can provide would be greatly appreciated. Thank you in advance for your time.

PR-988-2025 8/28/2025 laura stevens Hi Jason, thanks again for all your help. We’re looking at. 561 Avenida Del Verdor. Any and all records helps Thanks so much, Laura and Bob 2735
PR-989-2025 8/29/2025 Alex Baghdassarian

1. Any records relating to a water line or water main located between the residential properties at 2805 La Ventana and 2807 La Ventana, between January 1, 2015 and June 30, 2025; 2. Any records relating to any inspections of a water line or water main located between the residential properties at 2805 La Ventana and 2807 La Ventana, between January 1, 2018 and June 30, 2025; 3. Any records relating to any work performed on behalf of, or at the directionof, the City a water line or water main located between the residential properties at 2805 La Ventana and 2807 La Ventana, between January 1, 2018 and June 30, 2025; 4. Any communications between the City and the South Coast Water District (SCWD), the Municipal Water District of Orange County (MWDOC) or the Metropolitan Water District of Southern California (MWD) relating to a water line or water main located between the residentialproperties at 2805 La Ventana and 2807 La Ventana, between January 1, 2015 and June 30, 2025; 5. Any communications between the City and inspectors or contractors relating to a water line or water main located between the residential properties at 2805 La Ventana and 2807 La Ventana, between January 1, 2015 and June 30, 2025; 6. Any communications between the City and the residents at at 2805 La Ventana or 2807 La Ventana relating to a water line or water main located between the residential properties at 2805 La Ventana and 2807 La Ventana, between January 1, 2018 and June 30, 2025 7. Plans showing site utilities, including but not limited to underground utilities, for the properties at 2805 and 2807 La Ventana.

PR-990-2025 8/29/2025 William Horner Copies of all plans related to the construction of the pool- including plumbing and electrical PR-991-2025 8/29/2025 Dio Briggs
Hello, Pursuant to the California Public Records Act (Cal. Gov. Code §§ 7920.000 et seq.), which grants access to copies of public records, I am requesting the most up-to-dateinformation pertaining to the following types of obligations held in accounts managed by the City of San Clemente. Records may include any and all: 1. Records concerningcredits, overages, or refunds that are due and owing by the city a. Typically these may be tax related in nature 2. Called, matured, and/or currently redeemable bonds issued bythe city which may include but is not limited to refunds due back to the depositor pertaining to sheriff bonds, construction bonds, or public works related bonds 3. Any financial spreadsheet, ledger, or other record of the active cash and cash-convertible sureties and escrow accounts maintained by the City for financial instruments posted or depositedwith the City by companies to ensure completion of private-sector residential or commercial construction projects. a. Please note that I am only requesting records that have not been refunded to the payee. Do not include any items that would not be able to be recovered or paid out. 4. Amounts on deposit with the City that are held in trust for recipients whose whereabouts are unknown including instances where payments were attempted but undeliverable. These amounts may pertain to eminent domain, matured governmentbonds, tax refunds, tax overpayments, real estate foreclosures, restitution payments, proceeds from public sales of lost property, unsuccessful electronic funds transfers, fundsheld in escrow, or any other securities 5. Outstanding and refundable credit balances. 6. Unclaimed, uncashed, undeliverable, staled-dated, voided, overdue and/or outstandingpayments or checks/warrants issued by the city 7. Any responsive documentation from requests submitted by Asset Management Consultants of Virginia, Inc. (AMC). If some ofthis request is exempt from release, please release the remainder of the record which is allowed. Please provide all requested records that are greater than $500, are claimable (The obligation to the payee has not been voided by law), The funds have not been turned over to the abandoned property office, and the funds are not in the process of beingissued or reissued. Also for any outstanding checks, please only provide those that the payee still has the right to claim and have been outstanding for a period of over 3 months.For each property, please provide issue dates, payee names, addresses, and dollar amounts due. If possible, an excel document would be the desired format to receive data for all available years. If the requested records could not be found or do not exist in your possession, please provide the contact information for the public body from which theymay be requested and forward this request to them (For example, if another department issues checks on your behalf.) Also, if other departments may hold this information,please be sure to circulate to ensure complete responses. We would appreciate your prompt attention to this matter and, if possible, request your response within 15 businessdays of receipt of this letter. We will reimburse for any reasonable costs associated with the provision of these documents. Please notify us should costs exceed $50. Thank you for your assistance with this matter. If you have any questions concerning the above or need further clarification, please contact me. Sincerely, Michael PR-992-2025 8/29/2025 Anel Perez
Please provide, 1. the Current In-Force Contract(s) illustrating all costs/fees associated for Third Party Workers Compensation Claims Administration Services including Managed Care Services (Medical Bill Review, Utilization Review, & Nurse Case Management) with Adminsure, Inc. 2. Please also provide the Third Party Administration Agreement for Auto & General Liability Claims Administration Services.

PR-993-2025 8/29/2025 STEPHEN PETER Any soil reports, grading plans, building plans 1001 Buena Vista, SC 2736
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: 10C.

Submitted By: Public Works
Prepared By: David Rebensdorf, Public Works Director
Subject:
..titl e

CONSIDERATION OF A RESOLUTION PROVIDING DIRECTION TO COMPLETE A WATER

COST-OF-SERVICE STUDY AND DIRECT STAFF TO PREPARE A DRAFT PROPOSITION 218 NOTICE
..body FOR A FUTURE PUBLIC HEARING
Fiscal Impact:

Based on City Council direction, the implementation of a new Water Rate Fee Structure will be presented to City Council following completion of a Water Rate Cost-of-Service Study being conducted by Water Resources Economics, LLC.

Summary:

Preliminary results and findings from the draft Cost-of-Service Study are being presented to the City Council to seek input and direction on key issues to complete the study. The City Council is being asked to provide direction on what components should be considered in completing the study and to return the study and a draft notice to the City Council for further review and consideration on November 18, 2025.

Background:

The City Council hired Water Resources Economics, LLC on May 6, 2025 to conduct a Cost-ofService Study to evaluate water rates. The study provides a comprehensive evaluation of the City’s water use, costs of providing water service, allocation of costs to City customers and revenue requirements. The study will include: a framework to identify key policy objectives, a financial plan to evaluate multi-year cash flow projections, cost-of-service analysis to allocate revenue requirements to customers, rate design to establish a rate structure and calculate proposed rates, and documentation to provide transparency for the proposed rates.

The previous Water Cost-of-Service Study was completed by Carollo Engineers, Inc. in 2017 and included a five-year rate increase through 2022. In 2017, rates were simplified from a tiered rate structure to a uniform rate based on customer class, fixed rates were increased from 22% to 32% (which was more closely aligned with the City’s fixed costs of approximately 42%), costs for imported water and operating costs for Municipal Water District of Orange County were established as pass-through, and drought rates were developed.

The modified rate structure improved knowledge and understanding of the City’s water rates, and revenue stability was improved due to the pass-through and increased fixed rate recovery.

Building on the previous rate changes, Water Resources Economics, LLC has analyzed the City’s water use, revenue and expenditures and is recommending consideration of the following components for establishment of new rates:
2737
Meeting Date: September 16, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 2
 Develop a uniform rate for all customers.
 Increase the total fixed revenue recovery from 32% to 36% to continue improving revenue stability that is more aligned with the City’s fixed costs.  Continue to utilize a pass-through approach to clearly distinguish (a) the external costs of imported water through the City’s wholesaler Municipal Water District of Orange County (b) the City’s costs of treating, storing, and delivering that water.  Include Municipal Water District of Orange County fixed costs in fixed meter charges.  Institute new Demand Management Rates based on the six stages of water shortage levels ranging from 10%-50% water reduction.
 Develop a five-year rate increase.

One of the primary rate drivers of the cost-of-service analysis is meeting the City’s debt coverage ratio requirement, which is 110% of annual debt service for the Recycled Water System Expansion loan of approximately $900,000 per year. In short, revenues must be 110% greater than operating expenses to meet the debt service requirement or risk a default in the debt covenants.

Based on feedback and direction from City Council in connection with this item, a final rate structure and Cost-of-Service Study will be completed for the City Council to consider on November 18, 2025, along with a draft Proposition 218 notice, a request for the City Council to set a public hearing (tentatively for February 3, 2025) and potential consideration of an objection process.

Looking toward the future, staff anticipates mailing the Proposition 218 notices once the rate study is finalized, the City Council sets the public hearing date and the contents of the notice is approved by the City Council (tentatively on November 18, 2025). At a future public protest hearing (tentatively February 3, 2026), the City Council will consider protests and public comments and thereafter consider adoption of the proposed water rates. Any objections will also be considered either at that public hearing or a separate one prior to February 3, 2026, depending on the process that the City Council selects.

As part of Water Economics, LLC’s scope of work, a financial analysis based on currently available information for the Doheny Desalination and Recycled Water Quality Improvement Projects will be provided as a separate discussion item following completion of the draft Cost-ofService presentation. Water rates will not be impacted at this time from these potential projects because whether the projects go forward, the project costs, timing and draft agreements are still to be considered by the City Council. However, potential rate impacts based on current information is critical information for the City Council to have in deciding whether or not participate or build the projects.

Council Options:
 Provide direction regarding the components to include in the Cost-of-Service Study based on staff and consultant recommendations or alternative direction.  Adopt Resolution No. 25-140, which would provide direction to City staff and the consultant to complete a Cost-of-Service Study based on the direction as to the components to be included 2738
Meeting Date: September 16, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 3
and prepare a draft Proposition 218 notice for the City Council to consider on November 18, 2025.
 Modify and adopt Resolution No. 25-140.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-140.

Environmental Review/Analysis:

Not a “project” under the California Environmental Quality Act Guidelines section 15378 (14 CCR section 15378). Direction provided by the City Council for the completion of a Cost-of-Service Study for the City’s Water Utility has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council:

1. Receive a report, consider public comment and provide direction regarding inclusion the following components in the Cost-of-Service Study to be returned to City Council for further review and consideration:
a. Develop a uniform rate for all customers.
b. Increase the total fixed revenue recovery from 32% to 36% to continue improving revenue stability that is more aligned with the City’s fixed costs. c. Continue to utilize a pass-through approach to clearly distinguish (a) external costs of imported water through the City’s wholesaler Municipal Water District of Orange County (b) the City’s costs of treating, storing, and delivering that water. d. Include Municipal Water District of Orange County fixed costs in fixed meter charges. e. Institute new Demand Management Rates based on the six stages of water shortage levels ranging from 10%-50% water reduction.
f. Develop a five-year rate increase.

AND

2. Adopt Resolution No 25-140, which will direct staff and the consultant to complete the Water Cost-of-Service Study based on the City Council’s direction as to components to be included for further review and consideration and direct staff to prepare a draft Proposition 218 notice for consideration at the November 18, 2025 City Council Meeting. ..end
Attachments:
2739
Meeting Date: September 16, 2025 Agenda Item: 10C.

CITY OF SAN CLEMENTE 4

1. Resolution No. 25-140
Notification:

None.
2740
Attachment 1
RESOLUTION NO. 25-140

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, PROVIDING DIRECTION

TO COMPLETE A WATER COST-OF-SERVICE STUDY

AND DIRECTING STAFF TO PREPARE A DRAFT
PROPOSISTION 218 NOTICE FOR A FUTURE PUBLIC

HEARING
WHEREAS, the City owns and operates approximately 230 miles of water lines, 15 reservoirs, 16 pump station and 56 pressure reducing stations; and WHEREAS, the City receives imported water from Metropolitan Water District from Northern California and the Colorado River Basin through its wholesaler Municipal Water District of Orange County; and
WHEREAS, the City has local water resources from two wells and produces recycled water at the Water Reclamation Plant for irrigation purposes; and WHEREAS, the City provides water service meeting state and federal standards to approximately 17,600 meters consisting of residential, multifamily, irrigation and commercial accounts; and
WHEREAS, in order to provide service to City customers and maintain operation of the water system, the City Council hired Water Resources Economics, LLC on May 6, 2025 to conduct a Cost-of-Service Study to evaluate the City’s expenses and revenues; and WHEREAS, Water Resources Economics, LLC has reviewed the City’s water finances and made recommendations for City Council review and direction.

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 fully incorporated herein.

SECTION 2. That Water Resources Economics, LLC and City staff is hereby authorized and directed to continue with preparing the Water Cost-of-Service Study based on the feedback provided by the City Council in its regular meeting on September 16, 2024;
SECTION 3. That City staff is directed to prepare a draft Proposition 218 Notice for the City Council’s consideration at the November 18, 2025 City Council Meeting and to take such other and further actions as may be necessary and proper in connection with the process and procedures recommended or required by law before the City Council may consider adoption of new water rates.
2741
Resolution No. 25-140 Page 2
SECTION 4. 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 September, 2025.

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. 25-140 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of September, 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
2742
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: 10D.

Submitted By: City Clerk
Prepared By: Laura Campagnolo, City Clerk
Subject:
..titl e

DESIGNATION OF VOTING DELEGATE AND ALTERNATE(S) TO REPRESENT SAN CLEMENTE AT THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING ..body Fiscal Impact:

No fiscal impact to appoint a voting delegate.

Summary:

The League of California Cities Annual Conference is scheduled for October 8-10, 2025 in Long Beach, California. A portion of the Annual Conference is the Annual Business Meeting that will take place on October 10, 2025. At this meeting, the League membership considers and takes action on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate. City Council may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to do so.

At this time, staff requests that City Council determine whether or not to appoint a voting delegate/alternate(s) to represent the City at the Annual Business Meeting on October 10, 2025.

Council Options:
 Appoint a voting delegate and alternate(s) to represent San Clemente at the League of California Cities Annual Business Meeting.
 Determine to not select voting delegates or alternate(s).

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Determine whether or not to appoint a voting delegate to represent the City at the Annual Business Meeting of the League of California Cities Annual Conference on October 10, 2025, and also determine whether or not to appoint an alternate(s) to vote on the City’s behalf in the event the voting delegate is unable to vote at the Annual Business Meeting. ..end
2743
Meeting Date: September 16, 2025 Agenda Item: 10D.

CITY OF SAN CLEMENTE 2
Attachment:

1. Cal Cities Voting Delegate Notice
Notification:

Cal Cities.
2744
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 24, 2025
Attachment 1
2745
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 8, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 9, 7:30 a.m.-4:00 p.m. On Friday, Oct. 10, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 2746
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
2747
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2748
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: (1)
2749
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers

CITY OF SAN CLEMENTE
Tuesday, September 2, 2025
City Council
Special and Regular Meeting Minutes
5:00 p.m. - Closed Session (Special Meeting)
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 Special and Regular Meeting of the San Clemente City Council was called to order by Mayor Knoblock on September 2, 2025 at 5:00 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 *Councilmember Wu arrived at 5:18 p.m.

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

CLOSED SESSION
Motion by Mayor Pro Tem Enmeier, second by Mayor Knoblock, CARRIED 4-0 (Councilmember Wu absent), to recess to Closed Session at 5:00 p.m. to discuss the following:

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1
AYE: Cabral, Enmeier, Loeffler and Mayor Knoblock
NOE: None
ABSENT: Wu
Closed Session concluded at 5:31 p.m.

BUSINESS MEETING
The Regular Business Meeting reconvened at 5:34 p.m. with all City Councilmembers present.

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City Council Special and Regular Meeting Minutes September 2, 2025

INVOCATION
Assistant Pastor, Steve Ford, Calvary Chapel San Clemente, gave the invocation.

PLEDGE OF ALLEGIANCE
Councilmember Wu led the Pledge of Allegiance.

1. Special Presentations
A. Presentation of Commendation to Lieutenant Colonel Matthew Perry representing the City's adopted Marine Corps Regiment 2nd Battalion 4th Marines
The City Council, with Wayne Eggleston, San Clemente Heritage, and Susie Lantz, San Clemente Chamber of Commerce, presented a commendation to Lieutenant Colonel Matthew Perry representing the City's adopted Marine Corps Regiment 2nd Battalion 4th Marines.

2. Council Member Reports
Councilmember Cabral
• Provided an update on the San Onofre Nuclear Generating Station (SONGS). • Displayed a flyer for the upcoming Community Engagement Panel Educational Seminar - SONGS Spent Fuel: Onsite Storage and Initiative to Relocate Offsite at the San Clemente Casino on October 16, 2025. A hard copy of the flyer is on file with the City Clerk.

Mayor Pro Tem Enmeier
• Reported he had a meeting with Congressman Levin concerning USA Surfing on August 27, 2025.
• Attended the Cal Cities Coastal Cities Group Leadership Committee on August 28, 2025.
• Attended the Sunset Symphony Concert on August 28, 2025.

Councilmember Loeffler
• Attended Speakeasy Community meeting on August 20, 2025. • Attended the Planning Commission meeting on August 20, 2025. • Attended the Friends of San Clemente Beaches, Parks and Recreation Foundation Board Meeting on August 21, 2025.
• Met with the Zoning Administrator (Community Development Director Atamian) on August 21, 2025.
• Attended the Ribbon Cutting for “Immersion Therapy” on August 22, 2025. • Attended a meeting concerning the California Redistricting Plan on August

2751
City Council Special and Regular Meeting Minutes September 2, 2025 25, 2025.
• Met with PierPride concerning the Pier Entrance Project on August 26, 2025. • Met with City Manager Hall and Beaches, Parks and Recreation Director Wylie on August 26, 2025.
• Attended the Community Safety and Welfare Committee meeting on August 26, 2025.
• Attended the San Clemente Chamber of Commerce Community Affairs meeting with Congressman Levin on August 27, 2025.
• Attended the Rainbow Sandals Community Open House on August 27, 2025. • Attended the Design Review Subcommittee meeting on August 27, 2025. • Attended the Sunset Beach Concert at Ole Hanson Beach Club on August 28, 2025.
• Attended the Grand Reopening of “Knuckleheads” on August 29, 2025. • Attended a briefing with City Manager Hall and City Attorney Mitchell on September 2, 2025.
• Held meetings with residents.
• Displayed a photo of North Beach over the holiday weekend, in recognition of the efforts to place additional sand on San Clemente beaches. A hard copy of the photograph is on file with the City Clerk.

Mayor Knoblock
• Attended the San Clemente Chamber of Commerce meeting concerning San Onofre Nuclear Generating Station (SONGS).
• Met with a resident concerning a subdivision project.

Councilmember Wu
• Attended the Arts and Culture Committee Meeting concerning their annual workplan on August 25, 2025.
• Attended the Association of California Cities - Orange County (ACCOC) meeting concerning California’s Redistricting Plan on August 25, 2025. • Made a statement concerning a Brown Act violation.

3. Oral Communications (Part 1)
John Carretti, San Clemente, commented on Broadmoor Homeowners Association enforcement of the 17 foot height restriction for structures, trees and shrubs.

Reva Buck commented on Broadmoor Homeowners Association enforcement of the 17 foot height restriction for structures, trees and shrubs.

Lois McNicoll commented on the Cities of San Clemente, Dana Point and San

2752
City Council Special and Regular Meeting Minutes September 2, 2025 Juan Capistrano holding meetings on the same days as it relates to impacts to community participation.

Joe Wilson, San Clemente, spoke on an upcoming citizen's ballot initiative as it relates to addressing concerns from the City Council and community.

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

Eric Fermin commented on Broadmoor Homeowners Association enforcement of the 17 foot height restriction for structures, trees and shrubs.

Paul Buck commented on Broadmoor Homeowners Association enforcement of the 17 foot height restriction for structures, trees and shrubs.

4. Motion waiving reading in full of all Resolutions and Ordinances Motion by Councilmember Cabral, 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:

Councilmember Wu joined Closed Session at 5:22 p.m.

No reportable action concerning:

CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION Whether to initiate litigation pursuant to Government Code section 54956.9(d)(4) Number of Cases: 1

7. Staff Communications
Finance Manager Mariano announced upcoming City finance seminars for the community and displayed a flyer. A hard copy of the flyer is on file with the City Clerk.

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City Council Special and Regular Meeting Minutes September 2, 2025

8. Public Hearings
8A. PUBLIC HEARING ON THE CITY OF SAN CLEMENTE’S 2025 REPORT ON PUBLIC HEALTH GOALS (PHG’S) TO RECEIVE ORAL AND WRITTEN

COMMENTS FROM THE PUBLIC, ACCEPT AND FILE THE REPORT, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
Mayor Knoblock opened the public hearing.

Public Works Director/City Engineer reviewed the contents of the Administrative Report.

There being no others desiring to speak, Mayor Knoblock closed the public hearing.

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

Adopt Resolution No. 25-128, which will:

1. Accept and file the City of San Clemente’s 2025 report on public health goals (PHG’s).

2. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Sections 15301, 15308, and 15309 of the CEQA guidelines (14 CCR § 15301(h), class 1: existing facilities, 15308, class 8:
actions by regulatory agencies for protection of the environment, and 15309, class 9: inspections).

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

9. Unfinished Business
9A. CONSIDERATION OF A RESOLUTION IDENTIFYING THE CITY COUNCIL AS

THE REVIEW AUTHORITY FOR THE AMERICAN TOWER MANAGEMENT,

LLC, CELL TOWER REPLACEMENT PROJECT, PUBLIC HEARING
PROJECT (PHP) 25-361
City Planner Lightfoot reviewed the contents of the Administrative Report and responded to City Council inquiries.

Amanda Quintanilla expressed concerns regarding the settlement agreement with American Tower Management, LLC.

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

2754
City Council Special and Regular Meeting Minutes September 2, 2025 adopt Resolution 25-129 to designate the City Council as the Review Authority for application PHP 25-361, a request by American Tower Management, LLC to amend County of Orange Conditional Permit (CP-1021), a cell tower replacement project, Public Hearing Project (PHP) 25-361 with the modification to designate the Zoning Administrator to serve as the Review Authority for PHP 25-361.

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

10. New Business
10A. DISCUSSION ON THE HISTORY, USE AND FUTURE ALTERNATIVES FOR THE CITY-OWNED LOT AT 1832 N. EL CAMINO REAL (APN 057-192-04) Community Development Director Atamian and City Planner Lightfoot reviewed the contents of the Administrative Report and responded to City Council inquiries.

Amanda Quintanilla narrated a PowerPoint presentation entitled "North Beach Parking Lot". A hard copy of the presentation is on file with the City Clerk.

Wayne Eggleston expressed concerns regarding development of the property.

Motion by Councilmember Cabral, second by Councilmember Loeffler, to:

Receive and file the Administrative Report dated September 2, 2025, which will:

1. Acknowledge that the subject parcel is legally eligible for a range of public uses, including economic development, without the need for a new eminent domain resolution.

2. Allow staff to continue evaluating both traditional public service needs and economic development opportunities for the site as part of the pending Real Estate Asset Management Plan, and return with feasibility analyses for City Council consideration.

Substitute motion by Mayor Pro Tem Enmeier, second by Councilmember Loeffler, CARRIED 4-1 (Councilmember Wu voting NOE), to direct staff to facilitate public suggestions for use of the vacant lot at 1832 N. El Camino Real through a survey on the City's website and direct the Beaches, Parks and Recreation Commission to evaluate submittals and hold community input meetings.

2755
City Council Special and Regular Meeting Minutes September 2, 2025 AYE: Cabral, Enmeier, Loeffler and Mayor Knoblock
NOE: Wu
10B. CONSIDERATION OF A RESOLUTION DECLARING AN EXEMPTION TO THE

FORMAL BIDDING PROCESS, APPROVING THE AGREEMENT FOR
SHARING CONSULTANT COSTS FOR THE 2025 URBAN WATER
MANAGEMENT PLAN (“AGREEMENT”) WITH THE MUNICIPAL WATER

DISTRICT OF ORANGE COUNTY (MWDOC), AND FINDING THE PROJECT

STATUTORILY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Lois McNicoll questioned if participating in the cost sharing agreement is in the City's favor.

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

Adopt Resolution No. 25-130, which will:

1. Find the project statutorily exempt from the California Environmental Quality Act under Water Code Section 10652.

2. Approve the Agreement for Sharing Consultant Costs for the 2025 Urban Water Management Plan with the Municipal Water District of Orange County.

3. Approve, and authorize the City Manager to execute, Contract No. C25- 44, by and between the City of San Clemente and the Municipal Water District of Orange County, for sharing consultant costs for the 2025 Urban Water Management Plan, in the amount of $71,030.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10C. CONSIDERATION OF REAFFIRMING RESOLUTION NO. 21-31
Ryan Ewart, Spent Fuel Solutions, spoke in support of the City's reaffirmation of Resolution 21-31.

Motion by Mayor Knoblock, second by Councilmember Cabral, CARRIED 5-0, to adopt Resolution No. 25-136 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SAN CLEMENTE, CALIFORNIA, IN SUPPORT OF THE SPENT FUEL SOLUTIONS COALITION, which provides updated information to Resolution No. 21-31.

2756
City Council Special and Regular Meeting Minutes September 2, 2025 AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
10D. CONSIDERATION OF A RESOLUTION APPROVING A COOPERATIVE

AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY
(OCTA) AND SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY
(SCRRA) FOR PEDESTRIAN AUDIBLE WARNING SYSTEM (PAWS) FOR

COST SHARING AND CONSTRUCTION
Lois McNicoll opined that the Orange County Transportation Authority should fund the Pedestrian Audible Warning System (PAWS).

Amanda Quintanilla spoke in support of the cooperative agreement and cost sharing with the Orange County Transportation Authority.

Motion by Councilmember Loeffler, second by Mayor Knoblock, CARRIED 5-0, to Adopt Resolution No. 25-131, which will approve, and authorize the City Manager to execute, Contract No. C25-45, Cooperative Agreement No.

C-5-4115, by and between the City of San Clemente and the Orange County Transportation Authority and Southern California Regional Rail Authority, for the Pedestrian Audible Warning System Rehabilitation, for a total City contribution of $406,000 ($250,000 for design and $156,000 which is 12% of the total construction cost; estimated at $1,300,000.)
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
Meeting Recessed
The City Council recessed at 6:56 p.m. and reconvened at 7:03 p.m. with all City Councilmembers present.

11. Consent Calendar
The City Council removed Item 11H from the Consent Calendar to hear a public comment.

A. City Council Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to approve:
(1) CITY COUNCIL JOINT SPECIAL MEETING MINUTES OF AUGUST 18, 2025. (2) CITY COUNCIL SPECIAL AND REGULAR CITY COUNCIL MEETING MINUTES OF AUGUST 19, 2025.

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

2757
City Council Special and Regular Meeting Minutes September 2, 2025 B. Commission/Committee Minutes
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to receive and file:
(1) REGULAR STUDY SESSION OF THE PLANNING COMMISSION MINUTES OF AUGUST 6, 2025
(2) PLANNING COMMISSION REGULAR MEETING MINUTES OF AUGUST 6, 2025
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
C. Warrant Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:
(1) APPROVE WARRANT NOS.
606436 THROUGH 606647, PAID ON
8-15-25, IN THE AMOUNT OF $1,132,809.06
(2) APPROVE WIRE TRANSFER NOS.
3294 THROUGH 3299 AND WARRANT NOS.
606648 THROUGH 606783, PAID ON
8-22-25, IN THE AMOUNT OF $2,421,996.02
(3) APPROVE WIRE TRANSFER NO.
3300 AND WARRANT NOS.
606784 THROUGH 606949, PAID ON
8-29-25, IN THE AMOUNT OF $3,121,794.14
TOTAL WARRANT REGISTER $6,676,599.22
Payroll Register
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:

APPROVE WARRANT NOS. 985 THROUGH
986 AND AUTOMATIC DEPOSIT ADVISES
105628 THROUGH 106008, FOR THE PERIOD
8-4-25 THROUGH 8-17-25, PAID
ON 8-22-25, IN THE AMOUNT OF $642,234.21
TOTAL PAYROLL REGISTER $642,234.21
AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None

2758
City Council Special and Regular Meeting Minutes September 2, 2025 11D. ADOPT ORDINANCE NO. 1794 (SECOND READING) AMENDING SAN CLEMENTE MUNICIPAL CODE 13.04.350 RELATING TO

CROSS-CONNECTION AND BACKFLOW PROTECTION (CCCPH) TO

COMPLY WITH THE STATE WATER RESOURCES CONTROL BOARD'S

NEWLY ADOPTED CROSS-CONNECTION CONTROL POLICY HANDBOOK

AND CURRENT INDUSTRY BEST PRACTICES AND FINDING THE

ORDINANCE EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to adopt Ordinance No. 1794 entitled AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING SECTION 13.04.350 OF THE CITY OF SAN CLEMENTE MUNICIPAL CODE

RELATING TO CROSS-CONNECTION AND BACKFLOW PROTECTION TO

COMPLY WITH THE STATE WATER RESOURCES CONTROL BOARD'S

CROSS-CONNECTION CONTROL POLICY HANDBOOK AND FINDING THE

ACTIONS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

AYE: Cabral, Enmeier, Loeffler, Wu and Mayor Knoblock
NOE: None
11E. FEE WAIVER REQUEST – ORANGE COUNTY REGISTRAR OF VOTERS 2025 SPECIAL ELECTION VOTE CENTER
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to adopt Resolution No. 25-132 entitled A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA,

APPROVING A FEE WAIVER FOR THE REGISTRAR OF VOTERS TO USE

THE SAN CLEMENTE COMMUNITY CENTER AND SAN CLEMENTE

AQUATICS CENTER AS VOTE CENTER LOCATIONS FOR THE NOVEMBER 4, 2025 STATEWIDE SPECIAL ELECTION.

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

2759
City Council Special and Regular Meeting Minutes September 2, 2025 11F. CONSIDERATION OF A RESOLUTION TO ACCEPT AND FILE A NOTICE OF COMPLETION FOR THE FY 2025 ARTERIAL AND LOCAL STREET
IMPROVEMENT PROGRAM, CIP PROJECT NOS. 15317 AND 15322
Motion by Mayor Pro Tem Enmeier, second by Councilmember Cabral, CARRIED 5-0, to:

Adopt Resolution No. 25-133, which will:

1. Accept the FY 2025 Arterial and Local Street Improvement Program, CIP Project Nos. 15317 and 15322, from the contractor, ONYX Paving Company, Inc.

2. Authorize the City Clerk to execute and record the Notice of Completion for the FY 2025 Arterial and Local Street Improvement Program, CIP Project Nos. 15317 and 15322.

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, ONYX Paving Company, 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
11G. CONSIDERATION OF A RESOLUTION AWARDING AND APPROVING A

SOLE SOURCE PURCHASE OF ELECTRONIC COMPONENTS IN ORDER TO

RESTORE AND UPGRADE FUNCTIONALITY FOR THE MARBLEHEAD

COASTAL URBAN RUNOFF AND STORMWATER SYSTEMS FROM
ONESOURCE DISTRIBUTORS CIP PROJECT NO. 14080, AND FINDING THE

PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA

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

Adopt Resolution No. 25-134 which will:

1. Approve the expenditure for Allen Bradley electronic components for Fiscal Year 2025-26 in an amount not to exceed $289,174.

2. Approve the sole source purchase of the Allen Bradley electronic

2760
City Council Special and Regular Meeting Minutes September 2, 2025 components and installation materials from OneSource Distributors based on the fixed price quote, which is provided as attachment 2 of the Administrative Report, dated September 2, 2025.

3. Find the project categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR Section 15302) of the State CEQA Guidelines.

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

ITEMS REMOVED FROM THE CONSENT CALENDAR FOR PUBLIC COMMENT 11H. CONSIDERATION OF A RESOLUTION APPROVING AN AGREEMENT FOR

RIGHT OF ENTRY CONSTRUCTION LICENSE AND FOR THE MARQUITA

SLOPE RECONSTRUCTION WORK AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT
Amanda Quintanilla commented on site conditions.

Motion by Councilmember Cabral, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adopt Resolution No. 25-135, which will approve, and authorize the City Manager to execute, Contract No. C25-46, Right of Entry Construction License and Agreement, by and between the City of San Clemente and Marquita, LLC., Marquita Limited Homeowners' Association, and Sea Bluff Homeowner Association, for the Marquita Slope Reconstruction Work.

12. Oral Communications (Part 2)
Councilmember Wu expressed regrets over violating the Brown Act.

13. Future Agenda Items
Future Agenda Items Procedure
Motion by Councilmember Cabral, with the support of Mayor Pro Tem Enmeier and Councilmember Loeffler, agendized discussion of how the City Council agendizes items for future meetings.

Public Records Act Requests
Motion by Councilmember Loeffler, with the support of Mayor Pro Tem Enmeier and Councilmember Cabral, agendized consideration of making Public Records Act requests public; the Administrative Report should include background information including number of requests received annually.

2761
City Council Special and Regular Meeting Minutes September 2, 2025 Resolution in Opposition to Proposition 50 - Authorizes Temporary Changes to Congressional District Maps in Response to Texas' Partisan Redistricting - Legislative Constitutional Amendment
Councilmember Wu, with the support of Mayor Knoblock and Councilmember Loeffler, agendized consideration of a Resolution in opposition to Proposition 50.

Motion to Reconsider an Item Previously Approved by the City Council Motion by Mayor Knoblock, second by Councilmember Cabral, CARRIED 3-2 (Mayor Pro tem Enmeier and Councilmember Loeffler voting NOE), to extend the ordinary time period for reconsideration of an item previously approved by the City Council per Policy 1201-11, in order to agendize and reconsider joining the South County Beach Coalition at the October 7, 2025 City Council meeting.

AYE: Cabral, Wu and Mayor Knoblock
NOE: Enmeier and Loeffler
Reconsideration of Joining the South County Beach Coalition Councilmember Wu, with the support of Mayor Knoblock and Councilmember Cabral, agendized for the October 7, 2025 City Council meeting reconsideration of joining the South County Beach Coalition, with the direction that staff provide reaffirmation that there is no cost to the City and current participants of the South County Beach Coalition.

14. Reports
A. City Attorney
None.

B. City Manager
Upcoming Orange County Transportation Authority Construction Projects City Manager Hall announced that the following Orange County Transportation Authority (OCTA) construction projects within the City:
• Sand Placement at North Beach.
• Construction on the beach trail at Mariposa Bridge.
2028 Los Angeles Olympics
Announced upcoming Olympic Committee meeting the first week of September; noted updates to the community will follow.

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City Council Special and Regular Meeting Minutes September 2, 2025

15. Adjournment
Motion by Mayor Knoblock, second by Mayor Pro Tem Enmeier, CARRIED 5-0, to adjourn at 7:20 p.m. The next Regular Meeting will be held on September 16, 2025. Closed Session will begin at 4:30 p.m.The Business Meeting will commence at 5:30 p.m. The meeting will take place at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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

2763
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: (1)
2764

CITY OF SAN CLEMENTE

MINUTES OF THE

BEACHES, PARKS, AND RECREATION COMMISSION

REGULAR MEETING
TUESDAY, JUNE 10, 2025, 6:00 P.M.

Chair Weinstein called the Regular Meeting of the Beaches, Parks, and Recreation Commission of the City of San Clemente to order on Tuesday, June 10, 2025, at 6:01 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2
nd Floor, San Clemente, CA. Commissioner Kahn led
the Pledge of Allegiance.

PRESENT Garcia, Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein Johnson joined the dais at 6:02 p.m.

ABSENT None
STAFF PRESENT Samantha Wylie, Beaches, Parks & Recreation Director Debbie Fields, Administrative Assistant

1. SPECIAL PRESENTATIONS
None

2. APPROVAL OF MINUTES
A. April 8, 2025 Beaches, Parks and Recreation Commission Regular Meeting Motion by Commissioner Garcia, seconded by Commissioner Grace, CARRIED 7-0, to approve the minutes of the Beaches, Parks and Recreation Commission Meeting of April 8, 2025.

AYE: Garcia, Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein NOE: None

3. ORAL COMMUNICATIONS
Larry Culbertson mentioned that a house on Aragon was converted into a duplex with an ADU, and now they have that have applied for STAR (Short Term Apartment Rental), and that there isn’t enough parking.

Amanda Quintanilla discussed the issues with RV parking and parking issues with the new STAR property.

Alison Sloan, a San Clemente resident, discussed beach safety and the possibility of adopting similar safety steps as Sandcastles for Sloan, and adding signs on the beach to alert the public of the dangers of digging holes on the beach.

4. Recreation Activities and Events
Beaches, Parks & Recreation Director Wylie provided updates on recent and upcoming events.
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Beaches, Parks & Recreation Special Meeting June 10, 2025 Commission
PAGE 2

5. OLD BUSINESS
A. Max Berg Plaza Park Policy – Subcommittee Update and Recommendations Commissioner Kahn updated the commission on the neighborhood meeting and the concerns from the neighbors. Neighbors are concerned with safety and suggested some program ideas, and the subcommittee suggested removing the Max Berg Park Policy.

Commissioners discussed individually or as a group that the signage will be bilingual, and the reasoning behind Max Berg Plaza Park having its own park policy.

James Hamilton, a San Clemente resident, expressed his happiness with the City’s cleanup efforts after activities and discussed parking and overnight parking issues around the park.

Amanda Quintanilla, shared a PowerPoint and mentioned parking, activities, and safety concerns at Max Berg Plaza Park.

Louisa B. Spinelli, a San Clemente resident, suggested having permitted parking for the residents around Max Berg Plaza Park.

Frank Dauerer, a San Clemente resident, gave kudos for the cleanliness of the park, and mentioned that the new signage around the park should have the curfew on the signs.

Katie Potts, a San Clemente resident, mentioned the remaining historical elements, some trees, and some fountains. Asked that the Commission work with a historical consultant to rehabilitate the fountains.

Motion by Commissioner Kahn, seconded by Chair Weinstein, CARRIED 5-0 to follow the subcommittee recommendation to have the Max Berg Plaza Park Policy to include all parks.

AYE: Garcia, Kahn, Johnson, McCanne, Weinstein
NOE: Grace, Kweskin

6. NEW BUSINESS
A. Strategic Implementation Measures Plan Subcommittee Findings Commissioner Kweskin discussed the findings of the strategic implementation measures plan subcommittee.

A motion by Commissioner Garcia, seconded by Commissioner Kweskin, CARRIED 7-0 to move the item to the next regular meeting on Tuesday, August 12, 2025.

AYE: Garcia, Grace, Johnson, Kahn, Kweskin, McCanne, Weinstein NOE: None
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PAGE 3

7. COMMUNICATIONS
A. Beaches, Parks & Recreation Director Report
Samantha Wylie, Director of Beaches, Parks & Recreation, mentioned that the recreation summer camps just started and that they are almost all sold out, the San Gorgonio playground resurfacing project is complete, a new scoreboard has been added to Vista Bahia Park, and four new scoreboards will be installed at Steed Park.

8. ITEMS FROM COMMISSION
A. Subcommittee Reports
i. Aquatics Partnership Policy Subcommittee – (Garcia, McCanne) Will be meeting in the next several weeks and will bring back updates to the next meeting.
ii. Special Events Subcommittee – (Garcia, Grace)
Will have more information at the August meeting
iii. Funding & Sponsorships – (Johnson, Kahn)
None
iv. Max Berg Plaza Park Policy – (Kahn)
Commissioner Kahn gave the subcommittee update during agenda item 5A. v. Strategic Implementation Plan – (Kahn, Kweskin)
Commissioner Kweskin gave the subcommittee update during agenda item 6A.

Amanda Quintanilla commented on iv, Max Berg Plaza Park Policy that when Director Wylie is presenting to Council, this has nothing to do with parking, as it is already part of another ordinance.

Diana Hill, a San Clemente resident, suggested that there should be no parking after 10:00 pm.

James Gatacre, a San Clemente resident, commented that safety in the park is a priority.

B. Items from Commissioners
i. PierPride Foundation (Grace)
Updated that the Pier entrance tunnel drainage is fixed; PierPride provided a donation to the City to fund the replacement of the holiday tree at the end of the pier; the 100 year celebration in 2028 coincides with the Olympics and planning is underway; the upcoming Beatles cruise from Dana Point Harbor to the Pier and back, tickets are still available; the PierPride annual sunset dinner at Fisherman’s is coming up in September; and the Christmas tree lighting in late November or early December.
ii. Proposed Agenda Items
Motion by Commissioner Garcia, seconded by Commissioner McCanne, CARRIED 7-0 to add Sandcastles for Sloan to the next agenda and discuss the beach safety and signs to be presented to Council.
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Beaches, Parks & Recreation Special Meeting June 10, 2025 Commission
PAGE 4
Motion by Commissioner Kweskin, seconded by Kahn, CARRIED 4-2-1 to create two standing subcommittees; one for the budget and one for maintenance.

AYE: Grace, Kahn, Kweskin, McCanne
NOE: Weinstein, Johnson
ABSTAIN: Garcia

8. ADJOURNMENT
Motion by Chair Weinstein, seconded by Garcia, CARRIED 7-0 to adjourn at 7:13 p.m. to an adjourned regular meeting on Tuesday, August 12, 2025, at 6:00 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2
nd Floor, San Clemente, CA.

Beaches, Parks & Recreation Commission Beaches, Parks & Recreation Director Chairperson
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910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: (2)
2769

CITY OF SAN CLEMENTE

REVISED MINUTES OF THE

BEACHES, PARKS, AND RECREATION COMMISSION

SPECIAL MEETING
TUESDAY, JULY 22, 2025, 5:00 P.M.

Samantha Wylie, Director of Beaches, Parks, & Recreation, called the Special Meeting of the Beaches, Parks, and Recreation Commission of the City of San Clemente to order on Tuesday, July 22, 2025, at 5:01 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, CA. Commissioner Kahn led the Pledge of Allegiance.

PRESENT Dolegoweski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Schmitt
Van Nort joined the dais at 5:06 p.m.

ABSENT None
STAFF PRESENT Samantha Wylie, Beaches, Parks & Recreation Director Debbie Fields, Administrative Assistant

1. NOMINATION AND ELECTION OF CHAIRPERSON AND VICE

CHAIRPERSON
Amanda Quintanilla stated their support of Thor Johnson becoming the Chairperson.

Motion by Commissioner McCanne, seconded by Commissioner Kahn, to nominate Commissioner Garcia as Chairperson.

Substitute Motion by Commissioner Grace, seconded by Commissioner Johnson, to nominate Commissioner Johnson as the Chairperson, CARRIED 5-3-1.

AYE: Dolegowski, Grace, Johnson, Kahn, Van Nort
NOE: Garcia, Haskins, McCanne
Abstain: Schmitt
Motion by Commissioner McCanne, seconded by Commissioner Grace, to nominate Commissioner Garcia as the Vice Chairperson, CARRIED 7-1-1.

AYE: Dolegoweski, Garcia, Grace, Haskins, Kahn, McCanne, Van Nort
NOE: Johnson
Abstain: Schmitt
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Beaches, Parks & Recreation Special Meeting July 22, 2025 Commission Revised Minutes
PAGE 2
Substitute motion by Chair Johnson, seconded by Commissioner Grace, to nominate Commissioner Kahn as Vice Chairperson, FAILED, 4-5.

AYE: Grace, Johnson, Kahn, McCanne
NOE: Dolegowski, Garcia, Haskins, Schmitt, Van Nort

2. OLD BUSINESS
A. Second Consideration of Unsolicited Proposal for Surfer, Skater, Art, And Music Hall of Fame
Applicant Rick Petri discussed the updated proposed locations and responded to Commissioner inquiries.

Amanda Quintanilla questioned the status of the applicant’s 501(c)3, discussed the plaque placement suggestions, and thinks the proposed project is in excess since the City already has a Sports Hall of Fame and Wall of Recognition.

Edward R. Kweskin, a San Clemente resident, is in favor of the Surfer, Skater, Art and Music Hall of Fame and suggested that this item be given to the Chamber of Commerce a see if they want to form a committee for selections and locations.

Motion by Vice Chair Garcia, seconded by Chair Johnson, CARRIED 9-0 to have the applicant of the SSAM Hall of Fame come back at a later date with more information, including rough estimates and fundraising.

AYE: Dolegowski, Garcia, Grace, Haskins, Johnson, Kahn, McCanne, Schmitt, Van Nort
NOE: None

3. NEW BUSINESS
A. Development of BP&R Commission Work Plan for FY 2025-26 Director Wylie presented a staff report concerning the FY 2025-26 Commission Work Plan and responded to Commissioner inquiries.

Edward R. Kweskin, a San Clemente resident, discussed the Work Plan letter process and the strategic implementation plan.

Amanda Quintanilla, mentioned that the North Beach lot can only be a parking lot. 2771
Beaches, Parks & Recreation Special Meeting July 22, 2025 Commission Revised Minutes
PAGE 3

4. ADJOURNMENT
Motion by Chair Johnson, seconded by Vice Chair Garcia, CARRIED 9-0 to adjourn at 6:03 p.m. to an adjourned regular meeting on Tuesday, August 26, 2025, at 6:00 p.m. at City Hall Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente, CA.

Chairperson of the Beaches, Parks & Beaches, Parks & Recreation Director Recreation Commission
2772
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: (1)
..ag endizedby
..end
Subject:
..titl e
Approve Wire Transfer Nos.
3301 through 3308 and Warrant Nos.
606950 through 607063, paid on
9-5-25, in the amount of $4,721,075.74
TOTAL WARRANT REGISTER $4,721,075.74 ..end
2773
2774
2775
2776
2777
2778
2779
2780
2781
2782
2783
2784
2785
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item:
..ag endizedby
..end
Subject:
..titl e
Approve Warrant No. 987 and
Automatic Deposit Advises 106009
through 106352, for the period
8-18-25 through 8-31-25, paid
on 9-5-25, in the amount of $616,306.10
TOTAL PAYROLL REGISTER $616,306.10 ..end
2786
2787
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: 11D.

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

CONSIDERATION OF A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO CAPO A GENERAL CONTRACTING FOR LIFEGUARD TOWERS REPLACEMENT (2025), CIP PROJECT NO. 22104, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT IN THE AMOUNT OF $111,900, AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE ..body CALIFORNIA ENVIRONMENTAL QUALITY ACT
Fiscal Impact:

The estimated construction cost of $111,900 is within the available approved budget of $114,000 from the General Fund, Lifeguard Tower Replacement, Account Number 001-641-45700-000- 22104.

Summary:

Before the City Council is the award of a construction contract to Alexis Jo Maze dba Capo A General Contracting (Capo A General Contracting) for the replacement of three Lifeguard Towers that are nearing the end of their useful lives, in the amount of not-to-exceed $111,900, and a related supplemental appropriation.

Background:

The beaches in San Clemente accommodate approximately 2.6 million visitors each year. The Marine Safety Department has responsibility for providing beach safety and water related lifeguard services. To maintain and enhance emergency responses, lifeguard towers are utilized by staff for improved visibility and containment of safety equipment. Currently, lifeguards utilize 11 towers, ten wooden and one fiberglass. This is the second phase of tower replacements, three out of 11, towers 1, 5, and 6, were replaced in early 2025.

San Clemente Pier
Lifeguard Tower Locations
2788
Meeting Date: September 16, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 2
The new replacement towers will be constructed from wood due to staff’s preference, improved safety, and challenges with obtaining replacement parts for fiberglass towers. The City is planning to replace 2-3 lifeguard towers that are nearing the end of their useful lives each year, depending upon the funding availability. Photos of the recently constructed towers in 2025 are shown below.

City staff prepared a bid package for the replacement of the two lifeguard towers plus one alternate tower, notified local contractors, and advertised the project for competitive bidding on the PlanetBids website and in the SC Times. Seven bids were received on August 26, 2025, ranging from $78,000 to $272,700 for the Base Bid and from $33,900 to $136,350 for the one alternate bid item as shown on the table below.

One bid was received by local contractor Pantheon Diversified, Inc., and staff analyzed the local vendor preference amount per San Clemente Municipal Code section 3.40.030(E). According to the local vendor preference calculation, Pantheon Diversified, Inc.’s base bid of $84,988 is not less than 107% of the $78,000 submitted by Capo A General Contracting. Therefore, the lowest responsive and responsible bidder is Capo A General Contracting.

Vendor Name City Base Bid ($) Alternate ($)
Capo A General
Contracting
San Juan
Capistrano 78,000 33,900
Pantheon Diversified, Inc San Clemente 84,998 39,999
EMH Construction LLC Carlsbad 110,000 55,000
3M Construction Corp. Anaheim 118,900 65,000
YMC Irvine 172,000 75,000
GQ Builders, Inc. Rancho Santa Fe 259,500 126,000
The Restoration Academy
(TRA) Inc. Santa Margarita 272,700 136,350
2789
Meeting Date: September 16, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 3
Based on the lowest Base Bid and Alternate Bid, the total estimated project construction cost for building three lifeguard towers is summarized below:

Construction Contract $111,900
Total Estimated Construction Costs $111,900
The initial Lifeguard Tower replacement project was bid in 2024 with the lowest responsive bid at that time of nearly $288,800 for four towers. The City Council rejected the bids, staff modified the plans and reached out to local contractors that perform this type of framing and building work.

Construction costs were lowered and a local contractor completed the construction of three towers for $116,916 in early 2025. This approach has been effective and other contractors have showed interest in the project. This is shown through current bids which are more competitive during this second phase of replacements.

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. 25-141 (Attachment 1), awarding a construction contract to Capo A General Contracting for construction of Lifeguard Towers Replacement (2025), authorizing the City Manager to execute a construction contract in an amount of $111,900 for replacement of three towers; and finding the project categorically exempt from CEQA.  Modify and adopt Resolution No. 25-141 and the contract for the replacement of two lifeguard towers for $78,000 or making other modifications.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-141 and put the project on hold.

Environmental Review/Analysis:

This project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement of existing lifeguard towers where the new towers will be located on the same site as the towers replaced and will have substantially the same purpose and capacity.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution No. 25-141, which will:
..recommendation

1. Find the Lifeguard Towers Replacement (2025), CIP Project No. 22104, categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section15302;

2. Award the Lifeguard Towers Replacement (2025), CIP Project No. 22104, construction contract to Capo A General Contracting as the lowest responsible and responsive bidder; and, 2790
Meeting Date: September 16, 2025 Agenda Item: 11D.

CITY OF SAN CLEMENTE 4

3. Authorize the City Manager to execute a construction contract with Capo A General Contracting in the amount of $111,900 for the replacement of three lifeguard towers, in a form substantially similar to Contract No. C25-XX (Attachment 2). ..recommendation
..end
Attachment:

1. Resolution 25-141

2. Draft Contract C25-47
Notification:

All Bidders.
2791
Attachment 1
4882-9904-3949 v1
RESOLUTION NO. 25-141

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

CONSTRUCTION CONTRACT TO CAPO A GENERAL

CONTRACTING FOR LIFEGUARD TOWERS
REPLACEMENT (FY 2025), CIP PROJECT NO. 22104,

AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONSTRUCTION CONTRACT WITH CAPO A GENERAL
CONTRACTING IN THE AMOUNT OF $111,900, AND

FINDING THE PROJECT CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
UNDER CLASS 2 OF THE CEQA GUIDELINES SECTION
15302 (REPLACEMENT OF EXISTING FACILITIES, 14 CCR
SECTION 15302)
WHEREAS, the City’s beaches are served from 11 lifeguard towers to maintain and enhance emergency response;
WHEREAS, the City is planning to replace 2-3 lifeguard towers per year that are nearing the end of their useful lives each year, depending upon the available of funding; and
WHEREAS, three Lifeguard Towers Replacement (2024/25), CIP Project No. 22104, was completed on May 2, 2025; and
WHEREAS, the City conducted formal competitive bidding for the Lifeguard Towers Replacement (FY 2025/26), CIP Project No. 22104 (Project); and WHEREAS, on August 26, 2025, the City received seven bids ranging from $78,000 to $272,700 for Base Bid, and $111,900 to $409,050 for Base Bid plus Alternate Bid for the Project; and
WHEREAS, the lowest responsive and responsible bidder was Alexis Jo Maze dba Capo A General Contracting of San Juan Capistrano, California, in the amount of $111,900, based on the low base bid and the alternate bid item; and WHEREAS, Lifeguard Towers Replacement, CIP Project No. 22104, was previously determined to be categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 of the State CEQA Guidelines, Section 15302 – Replacement of Existing Facilities, since it consists of replacement of existing lifeguard towers where the new towers will be located on the same site as the towers replaced and will have substantially the same purpose and capacity.

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 fully incorporated 2792
Resolution No. 25-141 Page 2
4882-9904-3949 v1
herein.

SECTION 2. That based on the record as a whole, the Lifeguard Towers Replacement, Project No. 22104, is categorically exempt from the California Environmental Quality Act (CEQA) under Class 2 (Replacement or Reconstruction, 14 CCR section 15302) of the State CEQA Guidelines because it consists of replacing existing public structures or facilities, involving negligible or no expansion of an existing or former use and there is no possibility of a direct or foreseeable indirect significant impact on the environment.

SECTION 3. That the lowest responsive and responsible bidder for the base bid was Alexis Jo Maze dba Capo A General Contracting, in the amount of $111,900, and the construction contract for the Lifeguard Towers Replacement (FY 2025/26) CIP Project No. 22104, is hereby awarded to Capo A General Contracting.

SECTION 4. That the City Manager is authorized and directed to execute a construction contract with Alexis Jo Maze dba Capo A General Contracting in the amount of $111,900 for the Lifeguard Towers Replacement (FY 2025/26), CIP Project No. 22104, in a form substantially similar to that presented to the City Council on September 16, 2025.

SECTION 5. That the City Manager is authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution or implement the Project.

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 the
San Clemente, California City of San Clemente, California 2793
Resolution No. 25-141 Page 3
4882-9904-3949 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. 25-141 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
2794
Attachment 2
SECTION 00500

CONTRACT
THIS CONTRACT is made this _____ day of _________, 2025, in the County of Orange, State of California, by and between the City of San Clemente hereinafter called City, and Alexis Jo Maze dba Capo A General Contracting, a sole proprietorship located at 33902 Calle Conejo, San Juan Capistrano, CA 92675 hereinafter called Contractor. City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:

LIFEGUARD TOWERS REPLACEMENT (FY 2025), P.N. 22104
The Contractor and its surety shall be liable to City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in City’s Notice to Proceed. The two towers must be delivered to the site or fully assembled within 60 working days from the date specified in the written Notice to Proceed. The alternate item, 3rd tower must be delivered to the site or fully assembled within 90 working days from the date specified in the written Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE. City shall pay to the Contractor as full compensation for the performance of the Contract and the Work, which includes everything that is reasonably foreseeable related thereto, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of one hundred eleven thousand and nine hundred dollars ($111,900). Payment shall be made as set forth in the General Conditions.

At any time during the term of the Contract, City may, pursuant to the terms and provisions of the Contract Documents, request that the Contractor perform additional work. Contractor shall not perform, nor be compensated for, additional work without written authorization from the City pursuant to the terms and provisions of the Contract Documents.

ARTICLE 4. LIQUIDATED DAMAGES/EARLY COMPLETION INCENTIVE. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay City the sum of $500 for each and every calendar day of delay, for each tower, which is beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event that Liquidated Damages are not paid, the Contractor agrees City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Contract
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Bid Form
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Non-Collusion Declaration form
Information Required of Bidders
Designation of Subcontractors
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment Bond
General Conditions
Special Conditions
Technical Specifications
Plans and Drawings
Addenda
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.

ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Office of City Clerk or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.
2796
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed effective on the day and year above written.

CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST:

Dated: ____________________, 2025
______________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney

APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
Alexis Jo Maze dba CAPO A GENERAL CONTRACTING,
a sole proprietorship
(“CONTRACTOR”)
_____________________________
Alexis Jo Maze, CEO/CFO
Dated: __________________, 2025

END OF CONTRACT
2797
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: 11E.

Submitted By: Finance and Administrative Services
Prepared By: Sheryl Mariano, Finance Manager
Elora Dutra, Risk Management / HR Officer
Subject:
..titl e
CONSIDERATION OF RESOLUTION NO. 25-142 AWARDING A PROFESSIONAL

CONSULTANT SERVICES AGREEMENT FOR DEFINED BENEFIT ADMINISTRATION SERVICES TO MILLIMAN INC. AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $45,000 ANNUALLY FOR A THREEYEAR TERM ..body Fiscal Impact:

The total amount of the agreement for Defined Benefit Administration Services is not to exceed $45,000 annually for a three-year total not to exceed $135,000. There will be no fiscal impact in the Fiscal Year 2026 budget; fees will be paid directly from the City of San Clemente’s Employee Retirement Plan (CSCERP).

Summary:

The City currently engages Defined Benefit Administrative Services from Milliman, Inc. to manage the day-to-day administration of the CSCERP, the City’s legacy retirement plan. The current agreement expires September 30, 2025.

Before the City Council is consideration of Resolution No. 25-142, awarding a professional consultant services agreement to Milliman, Inc. for continued Defined Benefit Administration Services in an amount not to exceed $45,000 annually, which continues the ongoing operations of CSCERP. Following a competitive bidding process, Milliman, Inc. (with a principal place of business in Seattle, Washington) was the sole responsive and responsible bidder.

Background:

The City maintains a legacy retirement plan for employees who were not transitioned over to the California Public Employees’ Retirement System (CalPERS) in 2014. The plan includes employees who retired prior to 2014 and/or their beneficiaries, and inactive employees that left the City prior to 2014 but may retain reciprocity under the California Government Code. The plan also included active and inactive Coastal Animal Services Authority (CASA) employees.

In 2017, the City awarded a contract to Milliman, Inc. for Defined Benefit Administration with a term through September 30, 2024 to oversee these retirement plans. The City Council approved a one-year extension of the agreement in June, 2024 to ensure a smooth transfer of active CASA employees to CalPERS. There are no longer any active employees in CSCERP. 2798
Meeting Date: September 16, 2025 Agenda Item: 11E.

CITY OF SAN CLEMENTE 2
On July 28, 2025, the City published a Request for Proposal for Defined Benefit Administration Services for a three (3) year agreement with an option for two (2) one-year extensions that the City Manager can exercise in his discretion. One responsive bid was received and opened on August 19, 2025. No bids were received from local vendors. Milliman, Inc. provided the sole responsive and responsible bid, with an estimated annual fee of $40,440. Additional administrative fees will be charged as listed below and have been included in the estimated total annual cost per year.
 Manual calculations - $500 per calculation
 QDRO processing - $750 per request
 Power of Attorney - $400 per request
 Optional out-of-scope consulting – ranges from $180 to $600 per hour Council Options:
 Adopt Resolution No. 25-142, which would award a three-year professional consultant services agreement to Milliman, Inc. for Defined Benefit Administration Services in an amount not to exceed $45,000 annually and authorize the City Manager to execute the agreement and exercise two (2) optional one-year extensions.
 Modify and adopt Resolution No. 25-142.
 Continue the item with direction to provide additional information. Retirees in the plan will not receive expected monthly payments due to a lapse in service.  Do not award the contract. Retirees in the plan will not receive expected monthly payments due to a lapse in service.

Environmental Review/Analysis:

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

Recommended Actions:

Staff Recommendation ..recommendation
Adopt Resolution No. 25-142, which would:

1. Award a three-year professional consultant services agreement to Milliman, Inc. for Defined Benefit Administration Services in an amount not to exceed $45,000 annually;

2. Authorize the City Manager to execute the agreement and exercise two (2) optional one-year extensions in his discretion.
..end
Attachment:

1. Resolution No. 25-142

2. Milliman, Inc. Agreement
Notification:

Milliman, Inc.
2799
Attachment 1
RESOLUTION NO. 25-142

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AWARDING A

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

FOR DEFINED BENEFIT ADMINISTRATION SERVICES TO
MILLIMAN INC. AND AUTHORIZING THE CITY MANAGER

TO ENTER INTO AN AGREEMENT IN AN AMOUNT NOT
TO EXCEED $45,000 ANNUALLY FOR A THREE-YEAR

TERM WITH TWO OPTIONAL ONE-YEAR EXTENSIONS
WHEREAS, the current Professional Services Agreement for Defined Benefit Administration will expire on September 30, 2025; and
WHEREAS, the City has conducted competitive bidding for Defined Benefit Administrative Services; and
WHEREAS, on August 18, 2025, the City received a single bid in the amount of $40,440 for estimated annual fees and additional administrative fees at various pricing levels from Milliman, Inc.; and
WHEREAS, Milliman, Inc. was the lowest responsive and responsible bidder.

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 fully incorporated herein.

SECTION 2. That a Professional Consultant Services Agreement is hereby awarded to Milliman Inc. for Defined Benefit Administrative Services in an amount not to exceed $45,000 annually for a term of three-years with two optional one-year extensions exercisable in the City Manager’s discretion.

SECTION 3. That the City Manager is hereby authorized and directed to execute a Professional Consultant Services Agreement with Milliman, Inc. for Defined Benefit Services in a form substantially similar to that presented to the City Council on September 16, 2025.

SECTION 4. That City staff is authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. 2800
Resolution No. 25-142 Page 2
PASSED AND ADOPTED this day of September, 2025.
__________________________
Steve Knoblock, Mayor of the
City of San Clemente, California
ATTEST:
__________________________
CITY CLERK of the 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. 25-142 was adopted at a regular meeting of the City Council of the City of San Clemente held on the ______ day of ________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

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

CITY OF SAN CLEMENTE

PROFESSIONAL CONSULTANT SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of ________, 20___, by and between the City of San Clemente, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 910 Calle Negocio , San Clemente, California, 92673 ("City") and MILLIMAN, INC., a WASHINGTON CORPORATION, with its principal place of business at 1301 5TH AVE STE 3800, SEATTLE, WA 98101 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

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

2.2 Project.

City desires to engage Consultant to render such professional DEFINED BENEFIT ADMINISTRATION consulting services as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

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

3.1.2 Term. The term of this Agreement shall be from the COMMENCEMENT DATE to SEPTEMBER 30, 2028, or until completed to the City’s satisfaction, unless earlier terminated as provided herein. The City Manager or his or her designee shall have the unilateral option, at his/her sole discretion, to renew this Agreement for no more than TWO additional oneyear terms. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

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

Consultant retains the right to perform similar or different services for others during the term of 2802
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this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control, the City being only concerned with the finished results of the work being performed. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be solely responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Neither Consultant nor Consultant's employees shall in any event be entitled to any benefits to which City employees are entitled, including, but not limited to, overtime, retirement benefits, workers’ compensation benefits, injury leave or other leave benefits. Consultant is solely responsible for all such matters, as well as compliance with social security and income tax withholding and all other regulations and laws governing such matters.

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

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

3.2.4 Endorsement on PS&E/ Other Data. Consultant shall sign all plans, specifications, estimates (PS&E) and engineering data furnished by Consultant, and where appropriate will indicate Consultant’s authorized signature and professional registration number.

3.2.5 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

3.2.6 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel 2803
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of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows:

3.2.7 City's Representative. The City hereby designates ELORA DUTRA, RISK MANAGEMENT/HR OFFICER, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative").

City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.8 Consultant's Representative. Consultant hereby designates STEPHANIE SORENSON, PRINCIPAL AND DB DIRECTOR OF CLIENT RELATIONS, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative").

Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

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

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

As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
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3.2.11 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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

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

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "D" attached hereto and incorporated herein by reference. The total compensation shall not exceed FORTY-FIVE THOUSAND DOLLARS ($45,000) ANNUALLY AT THE SERVICE RATES SET FORTH IN EXHIBIT “D” without prior written approval of the City Council or City Manager as applicable. Extra Work may be previously authorized in writing, as described below, and if so authorized, will be compensated at the rates and manner set forth in this Agreement.

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

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

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless previously authorized in writing by City, or included in Exhibit "D" of this Agreement.
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

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

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

3.3.6 Labor Code Requirements.

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

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

3.4 Accounting Records.

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

3.5 General Provisions.

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

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

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

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

Consultant: MILLIMAN, INC.
1301 5TH AVE STE 3800
SEATTLE, WA 98101
ATTN: STEPHANIE SORENSON, PRINCIPAL AND DB

DIRECTOR OF CLIENT RELATIONS
City: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
ATTN: Laura Campagnolo, City Clerk and ELORA

DUTRA, RISK MANAGEMENT/HR OFFICER
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.3 Ownership of Materials and Confidentiality.

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

Consultant makes no such representation and warranty in regard to Documents & Data which 2807
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were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

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

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

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

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

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

3.5.6 Indemnification.

3.5.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and 2808
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expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

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

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

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

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

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

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

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

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

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

3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any 2809
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contractual rights by custom, estoppel, or otherwise.

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

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

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

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

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

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

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

3.6 Subcontracting.

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

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly 2810
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executed on the respective dates set forth opposite of their signatures.

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

APPROVED AS TO AVAILABILITY
OF FUNDING:
_____________________________
Finance Authorization

MILLIMAN, INC, A WASHINGTON

CORPORATION
(“CONSULTANT”)
By:_____________________________
Dermot Cory, CEO
Dated: _________________________
By:_____________________________
Mary Christine Clare, Secretary
Dated: _________________________
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EXHIBIT "A"

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

Full Administration Services for the City of San Clemente’s legacy employee retirement plan including.
• All data (participant and financial) gathering, processing, storage, and transmission; • Dissemination of related annual notices to participants; • Preparation of all required federal and state paperwork and reports to ensure regulatory requirements are met;
• Providing annual defined benefit valuation data to plan actuary; • All benefit estimates, calculations and forms;
• Reconciliation of retiree payment register;
• QDRO qualification and distribution;
• Electronic and telephonic participant access to administrative staff.

In addition, Consultant shall provide all services as outlined in the “Defined Benefit Administration Outsourcing Service Proposal” dated August 18, 2025 and incorporated herein by this reference.
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EXHIBIT "B"

SCHEDULE OF SERVICES
Consultant shall diligently perform the Services to the City’s satisfaction according to the timeframe(s) requested by the City within the term of the Agreement and shall meet all established schedules and deadlines.
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WORKER’S COMPENSATION INSURANCE CERTIFICATION
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EXHIBIT “C”

INSURANCE REQUIREMENTS

3.2.12 Insurance.

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

3.2.12.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 0001, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross-liability); or (3) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation
Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant’s profession with limits of not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement.
(E) Cyber Liability Insurance with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor in this agreement and 2814
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shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

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

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

3.2.12.5 Workers' Compensation:
(A) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. 2815
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3.2.12.6 Primary and Non-Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

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

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

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

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

3.2.12.12 Enforcement of Agreement Provisions (non estoppel).

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

3.2.12.14 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant’s subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant’s compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City.
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Service Highlights
 Pension implementation/conversion Services
 Pension administrative services
 Benefit calculations
Estimated
Annual Fee
$40,440
$40,440
System Fee $3,370 1
Total Fees
Monthly Unit Cost Assumed Units
Manual Calculations $500 per calculation
Manual calculations are those calculations that cannot be programmed into consultant’s administration system. Additionally, any calculations that require in-depth research, such as prior plan benefits or prior acquired company benefits not addressed in the current or future plan documents.

QDRO Processing $750 per QDRO assuming our standard language Consultant’s benefit administrators shall handle all aspects of QDRO processing. Sample QDRO language is available at MillimanBenefits.com or through the Call Center to assist the participant’s legal advisor in preparation of the domestic relations order.

Once an order is submitted by a participant, it is reviewed by consultant’s staff to ensure that it meets the qualification requirements. If an order is determined to be qualified, the participant’s account will be marked as subject to a QDRO. All amounts affected by the order will be allocated to the alternate payee’s account with appropriate earnings as defined in the order. If an order is determined to be nonqualified, consultant will provide notice of the reasons for the non-determination and a timeline for a submission of a revised order.

Power of Attorney (POA)
Other Consulting
$400 per POA
For any out-of-scope services consultant performs at the request of the Plan Sponsor where a mutually negotiated fee is not requested by Plan Sponsor, consultant will bill for the time it takes to complete such services using the following hourly rate schedule:

EXHIBIT “D”

COMPENSATION
In full compensation for the Services rendered by the Consultant under the Agreement, the City shall pay the Consultant for actual work performed at the following fees and rates:

RETIREMENT PLAN ADMINISTRATION SYSTEM (RPAS) – OUTSOURCED ADMINISTRATION

ADDITIONAL ADMINISTRATIVE FEES

There are no reimbursable expenses under this Agreement. Total compensation shall not to exceed $45,000 annually.

Principal $450 - $600 Manager $390- $500
Consultant $350 - $500 Analyst $180 - $400

 Payee administrative services coordination with
trustee
 Pension website (retires) and call center access
 Data Storage
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WORKER’S COMPENSATION INSURANCE CERTIFICATION
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WORKERS' COMPENSATION DECLARATION
I hereby affirm under penalty of perjury one of the following declarations:
(ONE OF THE BOXES BELOW MUST BE CHECKED)
I have and will maintain a certificate of consent from the California Labor Commission to self-insure for workers' compensation, as provided for by Section 3700 of the Labor Code, for the performance of the work to be performed under this contract.

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

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

WARNING: FAILURE TO SECURE WORKERS’ COMPENSATION COVERAGE IS

UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000), IN ADDITION

TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY’S FEES.

Dated: _______________________________
________________________________
(“CONSULTANT”)
By: ________________________________
________________________________
Title
________________________________
Address
________________________________
2819
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: 11F.

Submitted By: Public Works
Prepared By: Niki Beach, Environmental Programs Analyst Subject:
..titl e

CONSIDERATION OF A RESOLUTION AUTHORIZING A REQUEST FOR DELAY OF MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP) FUNDS FOR ..body THE POCHE BEACH WATER RECLAMATION PROJECT
Fiscal Impact:

Approval of the recommended resolution will allow awarded Measure M2 Comprehensive Transportation Funding Program (CTFP) grant funding in the amount of $2.5 million to be carried forward and expended in Fiscal Years 2026/27 and 2027/28.

Summary:

The City Council is being asked to consider adoption of Resolution 25-143, which would authorize a request for delay of Measure M2 CTFP funds for the Poche Beach Water Reclamation Project (Attachment 1).

As part of the 2024 Orange County Transportation Authority (OCTA) Measure M2 competitive grant cycle, the City of San Clemente received an allocation of $2,500,000 for construction of the subject project. The allocation is currently programmed for Fiscal Year 2025-26, which requires a construction contract to be awarded before December 31, 2025. Staff is recommending a request of the maximum 24-month delay to account for the various uncertainties regarding regulatory and encroachment permitting and related design considerations for the Poche Beach Water Reclamation Project.

As part of the delay request process, OCTA requires agencies to submit a resolution signed by City Council that authorizes the proposed delay. A final copy of the City Council approved resolution must be provided to OCTA prior to the consideration of the delay request by OCTA’s Board of Directors.

Background:

On June 18, 2024, the City Council authorized an application for OCTA Measure M2 CTFP Project X funding for the Poche Beach Water Reclamation Project (see Attachment 2). On October 14, 2024, the City was awarded a maximum Tier 2 grant amount of $2,500,000 by the OCTA Board of Directors. The Project will ultimately improve water quality at Poche Beach and help the City meet its regulatory requirements under a current Time Schedule Order from the San Diego Regional Water Quality Control Board.

The project includes low-flow diversions at the ends of both the Prima Deshecha and Cascadita storm drains, which will send dry weather flows initially to the San Juan Creek Ocean Outfall, but 2820
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CITY OF SAN CLEMENTE 2
eventually be outfitted with an on-site Micro-Filtration Reverse Osmosis (MFRO) treatment system to reduce the turbidity and salt content of the captured dry-weather runoff in preparation for its delivery to a wastewater treatment system, most likely the City’s Water Reclamation Plant.

The diverted and desalinated water will then be integrated into a regional water recycling and distribution system(s).

The diversions would be installed upstream of the zone of high-tide and sea level rise impacts, which should ensure nearly continuous operation during dry weather and make future operations resilient to sea level rise and climate change. Treatment would operate year-round outside of storm events, including during wet weather months, with the possibility that the project could eventually be expanded to also harvest stormwater flows to bolster water quality and supply benefits.

Importantly, the project would meet dry-weather compliance requirements for the City’s bacteria Total Maximum Daily Load (TMDL) at Poche Beach by establishing zero dry-weather discharge at the outlet, which would (1) improve recreational water quality and public health, (2) remove the City’s exposure to Mandatory Minimum Penalties from the Water Board of up to $3,000 per day, and (3) maintain cooperative working relationships with the County of Orange and other copermittee cities also beholden to the regional TMDL under the South Orange County MS4 permit.

The project has also received the attention and support of Orange County Supervisor Katrina Foley and Orange County Public Works, as well as U.S. Congressman Mike Levin, who recently secured $959,752 in new federal Community Project Funding for the Poche Beach Water Reclamation Project as part of the Consolidated Appropriations Act of 2024, which staff is also working on retaining for the project.

Council Options:
 Adopt Resolution 25-143, authorizing a 24-month delay request for CTFP funds for the Poche Beach Water Reclamation Project.
 Continue the Item and direct staff to provide additional information. Note, that in order to successfully complete the City’s delay request, City Council authorization is required by September 26, 2025, and the City Council does not have a regular again until after that date on October 7, 2025.
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CITY OF SAN CLEMENTE 3
 Deny the adoption of Resolution 25-143 and be subject to forfeiture of CTFP grant funds for the Poche Beach Water Reclamation Project if a construction contract is not awarded prior to December 31, 2025.

Environmental Review/Analysis:

The recommended action, a resolution authorizing a request for delay of grant funds, is not a “project” under the California Environmental Quality Act (CEQA) pursuant to 14 CCR Section 15378 and has no potential result in either a direct or physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Staff will return with an environmental review of the Poche Beach Water Reclamation Project when seeking City Council approval for a construction contract.

Recommended Actions:
..recommendation
Staff recommends that the City Council adopt Resolution 25-143 entitled “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE REQUEST FOR DELAY OF MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM (CTFP) FUNDS FOR THE POCHE BEACH WATER RECLAMATION PROJECT.” ..end
Attachments:

1. Resolution 25-143

2. Resolution No. 24-98
Notification:

None.
2822
Attachment 1
RESOLUTION NO. 25-143

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AUTHORIZING THE
REQUEST FOR DELAY OF MEASURE M2

COMPREHENSIVE TRANSPORTATION FUNDING

PROGRAM (CTFP) FUNDS FOR THE POCHE BEACH

WATER RECLAMATION PROJECT
WHEREAS, on October 14, 2024, the City of San Clemente was awarded an allocation of $2,500,000 in CTFP funds from OCTA to fund the Poche Beach Water Reclamation Project (“Project”); and
WHEREAS, the City of San Clemente initially established Fiscal Year 2025/26 as the program year for the construction phase of the Project, requiring the City to award a construction contract by December 31, 2025; and
WHEREAS, the size, complexity, and location of the Project nonetheless have demonstrated that the City team needs more time to prepare an effective and biddable design acceptable to all stakeholders prior to procuring a construction contract; and WHEREAS, OCTA CTFP Guidelines requires agencies to request authorization from their governing boards if delays are expected to be incurred beyond the allocated funding Fiscal Year.

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 fully incorporated herein.

SECTION 2. That City Council hereby respectfully requests from OCTA a delay of up to 24 months of Measure M2 CTFP Funds for the Poche Beach Water Reclamation Project.

SECTION 3. That City Council hereby authorizes and directs staff to transmit the request for a delay of up to 24 months of Measure M2 CTFP Funds for the Poche Beach Water Reclamation Project to OCTA and for staff to take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.

SECTION 4. 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. 2823
Resolution No. 25-143 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. 25-143 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
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Attachment 2
2825
2826
2827
910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: September 16, 2025 Agenda Item: 11G.

Department: Public Works
Prepared By: Zak Ponsen, Assistant City Engineer
David Rebensdorf, Public Works Director/City Engineer

Subject:
..titl e

CONSIDERATION OF A RESOLUTION REGARDING INSTALLATION AND REMOVAL OF RED CURB AT THE DRIVEWAY OF 2470 SOUTH OLA VISTA, AND FINDING THE PROJECT

CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION 15301) OF THE STATE CEQA GUIDELINES ..body
Fiscal Impact:

The cost for installing and removing the red curbs is approximately $1,000 and will be funded from the Public Works Maintenance budget.

Summary:

The purpose of this report is to present the findings and recommendations regarding red curb modifications for the driveway of 2470 South Ola Vista. The proposed change is designed to improve access and visibility for the private residential driveway.

Aerial Photo of Ola Vista Red Curb Modification
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CITY OF SAN CLEMENTE 2
Background:

Per the General Plan Mobility Element, South Ola Vista is a collector street. The road is 60 feet wide and has a 25 MPH speed limit adjacent to the subject property. Parking is allowed on both sides of the street.

The resident at 2470 South Ola Vista, San Clemente, CA 92672, has expressed concerns regarding limited sight distance caused by parked vehicles near their driveway. In response, City staff conducted a field investigation to assess the field conditions of this street segment and the drive approach. South Ola Vista is a Local Collector Street with a larger amount of vehicle traffic than local residential streets. There are highly utilized bike lanes along this frontage, which is a portion of the California State Bike Route through the City. The drive approach is nearly centered on a horizontal curve of over 90 degrees. Although the posted speed limit is 25 mph, the 85th percentile speed is approximately 30 mph. The stopping sight distances for this drive approach is limited due to the parking of vehicles along this curved segment of South Ola Vista. Due to these unique issues, staff can support the relocation of red curbing in this area.

There is an 82-foot red curb on the east side of the driveway. This existing red curb was installed in 2009 to restrict parking at a bus stop that existed at the time. The bus stop is no longer in use since OCTA cancelled this bus line route along South Ola Vista.

To enhance visibility and address safety concerns, staff recommends installing a 64-foot red curb on the west side of the driveway. This measure would remove three existing street parking spaces between 2460 and 2470 South Ola Vista. The remaining non-red curb closest to 2460 South Ola Vista would still allow for one parked vehicle. To offset the loss of three street parking spaces and maintain the overall level of parking on the same side of the street, staff proposes removing the existing 82-foot red curb east of the drive approach and creating four new parking spaces, as shown in Attachment 1. The creation of the four new parking spaces should provide better parking for the neighborhood since much of the street parking in the immediate area is used by residents of the large condominium complex located at 2490 South Ola Vista.

Discussion:

Staff recommends the following change as shown in Attachment 1 in the area:

1. Install a 64-foot red curb along the west side of the driveway at 2470 South Ola Vista.

2. Remove the existing parking stall markings within the proposed red curb area on the west side of the driveway.

3. Remove the existing 82-foot red curb located on the east side of the driveway at 2470 South Ola Vista.

4. Install parking stall markings to accommodate the proposed parking spaces on the east side of the driveway.

The proposed red curb modification will mark the area where parking is not allowed on the public street on the west side of the driveway. This will enhance the visibility and accessibility of the 2829
Meeting Date: September 16, 2025 Agenda Item: 11G.

CITY OF SAN CLEMENTE 3
driveway. The proposed red curbs were reviewed by the Planning Commission on August 20, 2025. The item was recommended by the Planning Commission for City Council approval.

Council Options:
 Adopt Resolution No. 25-144, approving the parking modification as shown on Attachment 1 and finding the project categorically exempt from the California Environmental Quality Act (CEQA).
 Adopt Resolution No. 25-144 with modifications.
 Continue the item and direct staff to provide additional information.  Do not adopt Resolution No. 25-144 and deny the request for parking modification.

Environmental Review/Analysis:

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

Recommended Actions:

Planning Commission and Staff Recommendation ..recommendation Planning Commission and Staff recommend that the City Council approve Resolution No. 25-144, which would take the following actions:

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

2. Approve the red curb modification as illustrated in Attachment 1. ..end
Attachment:

1. Location Map - Proposed Measure

2. Resolution No. 25-144
Notification:

Staff emailed the notice to residents within 300 feet of the subject area to inform them that the City Council would discuss the subject matter at this meeting. 2830
LEGEND:

PROPOSED RED CURB/NO-PARKING AREA
111111 - EXISTING RED CURB/NO-PARKING TO BE REMOVED
CD© - EXISTING PARKING "T" & "L"s TO BE REMOVED
T L - PROPOSED LOCATION OF NEW PARKING "T" & "L"s
Attachment 1
LOCATION MAP City of San Clemente --------------------- _g Public Works Department
910 Calle N egocio
San Clemente, CA 92673
www.san-clemente.org

PROPOSED PARKING MODIFICATIONS
at 2470 SOUTH OLA VISTA
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Attachment 2
RESOLUTION NO. 25-144

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, AMENDING MASTER
TRAFFIC RESOLUTION NO. 1846, MODIFYING ‘NO
PARKING AREAS’ ON SOUTH OLA VISTA, AND FINDING

THE PROJECT CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 (EXISTING FACILITIES, 14 CCR SECTION
15301) OF THE STATE CEQA GUIDELINES
WHEREAS, the City has received complaints about limited line of sight on South Ola Vista at the driveway of 2470 South Ola Vista; and
WHEREAS, there is an existing red curb/no-parking zone in front of the out-of-service bus stop on the east side of the 2470 South Ola Vista driveway, which should be converted into parking spaces; and
WHEREAS, the City has reviewed the parking locations and the City desires to improve safety and traffic conditions in the area; and
WHEREAS, the City of San Clemente Planning Commission (“Planning Commission”), at its regular meeting of August 20, 2025, made a recommendation to the City of San Clemente City Council (“City Council”) to approve the parking modification at the location listed below; and
WHEREAS, the City Council has considered the recommendation by the Planning Commission, the information provided by City staff and any information provided by the public at or before the September 16, 2025 City Council meeting, and City Council now wishes to modify the recommended parking modification, which is in the best interests of the public.

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

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

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

SECTION 3. That the Master Traffic Resolution No. 1846, Section 23, entitled “No Parking Areas”, is hereby amended by modifying subsection 23.o-7 to read as follows:
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Resolution No. 25-144 Page 2

23.o-7 Ola Vista, South, south side, from the west end of the driveway at 2470 South Ola Vista to a point sixty-four (64) feet westerly.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of September 16, 2025.

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. 25-144 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of September, 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 September, 2025. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
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